SATOP Supplemental Fee

PURPOSE: This rule establishes a supplemental fee which shall be collected by all certified Substance Awareness Traffic Offender Programs as required by state statute and outlines the procedures for submitting supplemental fees to the department. (1) Supplemental Fee. All Substance Awareness Traffic Offender Programs shall collect a supplemental fee from each individual admitted to the program in accordance with section 302.540, RSMo. (A) The supplemental fee is determined by the department and is in addition to any other costs associated with the program. (B) The supplement fee is collected one (1) time per offense, regardless of the level of service the individual receives. (2) Remittance of Supplemental Fees. On or before the fifteenth day of each month, program administrators shall remit the total of all supplemental fees collected during the prior calendar month, less two percent (2%) which, by law, may be retained by the program to offset collection and remittance costs. (A) Remittance shall be mailed to: Mental Health Earnings Fund, Controller’s Office, Department of Mental Health, 1706 East Elm Street, PO Box 596, Jefferson City, MO 65102. (B) Transfer of supplemental fees from the program to the Mental Health Earnings Fund shall be in the form of a single check made payable to the Mental Health Earnings Fund. The payment shall include the SATOP Supplemental Fee Remittance Summary and Agency Tally Sheet. (C) Failure to remit supplemental fees to the department on a timely basis will be considered cause for revocation of program certification. 1. If supplemental fees, including interest and penalties, are not remitted to the department within six (6) months of the due date, the Attorney General of the state of Missouri shall initiate appropriate action for collection of the fees. (3) Documentation of Supplemental Fee Transactions. Each program shall maintain, at its principal administrative center, a single record of all supplemental fee transactions which is separate from all other program records. This separate record will facilitate audits conducted by the department or the State Auditor’s Office. A separate program record of supplemental fee transactions shall include copies of monthly remittance forms, copies of checks forwarded to the Mental Health Earnings Fund, and receipts issued by the department. (4) Acceptance of Supplemental Fees. The department will only accept supplemental fee remittances from certified SATOPs. If an agency’s certification is revoked, the department will accept the supplemental fees owed prior to the date of revocation. The agency shall issue a refund to any individuals from whom a supplemental fee was collected after the date of revocation. (5) Notice of Supplemental Fee. Programs shall post, in places readily accessible to persons served, one (1) or more copies of a Student Notice Poster which shall be provided by the department at no cost to the program. Posters shall explain the statutory requirement for the supplemental fees, disposition of supplemental fees, and the means by which programs collect and remit supplemental fees. (6) Compliance. Failure to adhere to the stipulations, conditions, and requirements set forth in this rule shall be considered cause for revocation of program certification. AUTHORITY: sections 302.420, 302.425, 302.540, 302.580, 630.050, 630.053, 630.655, and 631.010, RSMo 2016, and section 577.001, RSMo Supp. 2020.* This rule was originally filed as 9 CSR 30-3.790. Original rule filed Sept. 1, 1993, effective Jan. 31, 1994. Amended: Filed April 29, 1998, effective Oct. 30, 1998. Moved to 9 CSR 303.208 and amended: Filed Feb. 28, 2001, effective Oct. 30, 2001. Amended: Filed July 29, 2003, effective March 30, 2004. Amended: Filed June 15, 2004, effective Jan. 30, 2005. Amended: Filed Feb. 16, 2018, effective Aug. 30, 2018. Amended: Filed Nov. 4, 2020, effective May 30, 2021. *Original authority: 302.420, RSMo 1987, amended 1991, 1993, 1996, 2003, 2014; 302.425, RSMo 1987, amended 1991, 1996, 2014; 302.540, RSMo 1983, amended 1984, 1993, 1996, 2001, 2002, 2003, 2014; 302.580, RSMo 1982, amended 1993, 1996, 2003, 2014; 577.001, RSMo 1982, amended 1986, 1996, 2005, 2014, 2015, 2016, 2017, 2018, 2020; 630.050, RSMo 1980, amended 1993, 1995, 2008; 630.053, RSMo 1993, amended 1995, 1996, 2011; 630.655, RSMo 1980; and 631.010, RSMo 1980.