When a respondent, in defense or mitigation of any allegation of professional misconduct, raises alcohol or substance abuse or other mental or physical health issues, any party may apply to the court for an order diverting the respondent to a monitoring program to address such issue or issues, pursuant to section 1240.11 of this Title. Any such application shall be supported by proof that the respondent has entered into a monitoring program with the New York State Bar Association Lawyer Assistance Program or an equivalent program approved by the court in advance of the filing of the motion. Approval of an equivalent program must be sought by written request to the court, copied to the chief attorney, setting forth the terms and requirements of the proposed equivalent program and the identity of the proposed monitor. The application must also be accompanied by a check payable to the Appellate Division, Fourth Department, in the amount of $45 in payment of the motion fee.