reglab/statecodes huggingface dataset:
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 6 - Blind Persons › ARTICLE 5 - Business Enterprises for the Blind › Section 19626.5.

19626.5. (a) The department shall develop and promulgate regulations regarding life standards for vending facility equipment. These regulations shall include, but not be limited to, life expectancy of equipment, time periods within which equipment shall be replaced, and exceptions to the requirement of replacement of equipment within the specified time periods, including when there is a history of no service problems. These regulations shall also provide for exceptions to the life standard or life expectancy policies allowing earlier replacement under certain circumstances including excessive mechanical failures or other malfunction that is not the fault of the operator.
(b) The department, in administering the Business Enterprises Program, shall consult with the Department of General Services and develop a system of expediting equipment orders to ensure timely delivery, thereby reducing financial hardship to vendors and allowing provision of continuous food service as required by the contracting agency. This system shall not preclude the Department of General Services from exercising oversight and review of the purchasing process.
(Added by Stats. 1990, Ch. 1316, Sec. 3.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 6 - Blind Persons › ARTICLE 5 - Business Enterprises for the Blind › Section 19628.

19628. The governing board of any county, city, city and county, or other political subdivision or the persons or entities owning or controlling private property, may construct and install on their property, or permit the construction and installation of, vending facilities for operation by blind persons licensed under this article. The amount of space allotted for this purpose shall be sufficient to serve adequately the number of persons to be served and provide the kind of services to be rendered.
(Repealed and added by Stats. 1977, Ch. 1131.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 6 - Blind Persons › ARTICLE 5 - Business Enterprises for the Blind › Section 19629.5.

19629.5. (a) Notwithstanding Section 3700 of the Labor Code, a vendor licensed by the department pursuant to this article shall operate a facility with workers’ compensation insurance provided by the Business Enterprises Program through the Business Enterprises Program group policy. The department may secure payment of compensation through a self-insurance fund or insurance against liability. This subdivision does not apply to a vending facility established pursuant to Section 395.33 of Title 34 of the Code of Federal Regulations.
(b) The department may further establish additional self-insurance or insurance against operational or financial risks as it determines necessary to support the vendors operations licensed by the department as provided in this article, subject to Section 11007.7 of the Government Code and paragraph (5) of subdivision (a) of Section 19629 of this code.
(c) Vendors licensed by the department as provided in this article and their employees are not employees of the state within the meaning of Section 18526 or 18529 of the Government Code or Section 2750 of the Labor Code.
(Added by Stats. 2023, Ch. 192, Sec. 13. (SB 138) Effective September 13, 2023.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 6 - Blind Persons › ARTICLE 5 - Business Enterprises for the Blind › Section 19631.

19631. The department shall not cause or permit the establishment or placement of any blind vendor in a vending facility unless the director, in consultation with the committee of licensed blind vendors, first determines that the facility produces, or is likely to produce within a reasonable time, an adequate net income for a blind vendor.
Nothing in this article prohibits the entity or person controlling property on which a vending facility is located from making, to the blind vendor operating it, payments in supplementation of proceeds realized from sales.
(Amended by Stats. 1990, Ch. 1316, Sec. 7.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 6 - Blind Persons › ARTICLE 5 - Business Enterprises for the Blind › Section 19633.

19633. The vendor of each vending facility is subject to the provisions of any ordinance of the county or city in which the facility is located requiring a license or permit for the conduct of such business, but any such license or permit shall be issued free of charge to a blind person licensed by the department.
(Repealed and added by Stats. 1977, Ch. 1131.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 6 - Blind Persons › ARTICLE 5 - Business Enterprises for the Blind › Section 19634.

19634. Blind persons who are authorized to operate vending facilities under this article may keep their guide dogs with them on the property while operating the vending facilities.
(Added by Stats. 1977, Ch. 1131.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 6 - Blind Persons › ARTICLE 5 - Business Enterprises for the Blind › Section 19635.

19635. Any blind vendor who is dissatisfied with any action arising from the operation or administration of the vending facility program may submit to the department a request for a full evidentiary hearing, which shall be provided by the department. If such blind vendor is dissatisfied with any action taken or decision rendered as a result of such hearing, he may file a complaint with the Secretary of Health, Education, and Welfare who shall convene a panel to arbitrate the dispute pursuant to Section 6 of the Randolph-Sheppard Act, and the decision of such panel shall be final and binding on the parties except as otherwise provided in that act.
(Added by Stats. 1977, Ch. 1131.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 6 - Blind Persons › ARTICLE 5 - Business Enterprises for the Blind › Section 19636.

19636. The director shall assign adequate personnel to carry out duties related to the administration of this article. In selecting personnel to fill any position under this section, the director shall comply with the discrimination prohibition of subdivision (a) of Section 12940 of the Government Code. The director shall review staffing annually. The committee of licensed blind vendors shall be allowed to provide input regarding the adequacy of the staffing levels for the Business Enterprises Program prior to the director’s annual review.
(Amended by Stats. 1990, Ch. 1316, Sec. 9.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 6 - Blind Persons › ARTICLE 5 - Business Enterprises for the Blind › Section 19637.

19637. The director shall provide to each blind vendor access to all relevant financial data, including quarterly and annual financial reports on the operation of the state vending facility program and access to his or her performance rating or other personal data maintained by the department in regard to him or her.
A copy of all completed audits, reports, and investigations which affect the Business Enterprises Program for the Blind shall be sent to the committee of licensed blind vendors.
(Amended by Stats. 1990, Ch. 1316, Sec. 10.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 6 - Blind Persons › ARTICLE 5 - Business Enterprises for the Blind › Section 19638.

19638. (a) The director shall conduct a biennial election by secret ballot of a committee of licensed blind vendors who shall be fully representative of all blind licensees in the state program. Representation shall be no less than one committee member for every 25 licensed vendors. At the discretion of the committee, major issues may be referred to a subcommittee of blind vendors, or to all the blind vendors in order to ascertain their views. Only licensed blind persons operating a facility shall serve on the committee or subcommittees, or vote in any poll or election authorized under this article. The members and subcommittee members shall be reimbursed for their actual and necessary expenses in participating in committee functions.
(b) The director shall ensure that the participation of the committee of blind vendors is, at a minimum, equal to that required by Section 107b-1 of Title 20 of the United States Code. The responsibilities and actions of the committee of blind vendors shall include, but not be limited to:
(1) Participation, with the department, in major administrative decisions and policy and program development. Any implementation of changes in administrative policy or program development that is within the discretion of the department shall occur only after review by this committee of licensed blind vendors.
(2) Receiving grievances of blind vendors and serving as advocates for the vendors.
(3) Participation, with the department, in the development and administration of a transfer and promotion system for blind vendors.
(4) Participation, with the department, in developing training and retraining programs.
(5) Sponsorship, with the assistance of the department, of meetings and instructional conferences for blind vendors.
(c) The committee of licensed blind vendors may contract for professional services, including, but not limited to, legal counsel. Payment for professional services rendered to the committee of licensed blind vendors shall be made from state vending machine income pursuant to subdivisions (d) and (e) of Section 19630.
(Amended by Stats. 1990, Ch. 1316, Sec. 11.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 6 - Blind Persons › ARTICLE 5 - Business Enterprises for the Blind › Section 19639.

19639. (a) The director shall adopt and promulgate necessary rules and regulations, in compliance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and do all things necessary and proper to carry out this article. The director shall review these regulations for possible revision at least every three years.
(b) These regulations shall include, but not be limited to:
(1) Uniform procedures for vendor application and termination.
(2) Criteria and standards for selecting vendors and matching vendors to facilities that shall ensure that the most qualified person is selected for a facility.
(3) Equipment life standards and service standards for the inventory, repair, and purchase of equipment, as required under subdivision (a) of Section 19626.5.
(4) The minimum requirements for installation of a facility.
(5) A fair minimum of return to vendors.
(6) Standards for training, in-service retraining, and upward mobility.
(7) The policies and procedures used by the department for collection and deposit or disbursement of all vending facility income, including, but not limited to, the frequency, rules regarding, and method of collection of funds from facilities operated by licensed blind vendors and facilities operated by other individuals or entities.
(c) The director shall provide a written copy of all rules and regulations adopted pursuant to this section to all vendors. Upon request by a vendor, the rules and regulations shall be supplied to the vendor as an audio recording in lieu of the written copy. In addition, the director shall notify all vendors of any proposed changes to the rules and regulations.
(Amended by Stats. 2009, Ch. 88, Sec. 77. (AB 176) Effective January 1, 2010.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 6 - Blind Persons › ARTICLE 5 - Business Enterprises for the Blind › Section 19640.5.

19640.5. (a) Commencing with the 1991–92 fiscal year, the State Auditor shall conduct a fiscal audit every third fiscal year, until January 1, 2002, and a programmatic review and audit every five years, until January 1, 2003.
(b) The Joint Legislative Audit Committee may review and report on the audit requirements imposed on the State Auditor by subdivision (a) on or before January 1, 2002, for the fiscal audit requirement, and on or before January 1, 2003, for the program review and audit requirement.
(Repealed and added by Stats. 1997, Ch. 690, Sec. 7. Effective January 1, 1998.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 6 - Blind Persons › ARTICLE 5 - Business Enterprises for the Blind › Section 19641.

19641. The surviving spouse of a blind vendor operating a facility pursuant to this article shall have the right after the death of the blind vendor to operate the facility operated by the blind vendor immediately prior to his or her death if the spouse meets all of the following conditions:
(a) The spouse is blind as that term is defined for purposes of this article.
(b) The spouse has been certified as qualified to operate a vending facility prior to the death of the blind vendor, even if the spouse is not currently certified as qualified to operate a vending facility.
(c) The spouse, within a period of one year after the death of the blind vendor, becomes certified as qualified to operate a vending facility by passing a certification examination with a score of at least 70 percent.
(d) The spouse has assisted the blind vendor in the operation of the vending facility.
A license shall be issued to a surviving spouse who meets the requirements in subdivisions (a) through (d). If the spouse needs to be recertified as qualified to operate a vending facility, the spouse shall have undergone at least a two-month supervised on-the-job training experience at the facility which the blind vendor operated.
A spouse seeking to operate a vending facility pursuant to this section shall be permitted to operate the facility during the one-year period after the death of the blind vendor operating the facility without regard to the status of the spouse’s certification, and the spouse shall be eligible during the one-year period after the death of the blind vendor for any training provided by the department, or any agency designated by the department, to persons seeking to become certified as qualified to operate a vending facility.
This section shall apply to vending facilities where the death of the blind vendor operating the facility occurs on or after January 1, 1981.
(Amended by Stats. 1990, Ch. 1316, Sec. 14.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 6 - Blind Persons › ARTICLE 6 - Blind Vending Operators Annuity Fund › Section 19650.

19650. It is the intent of the Legislature in enacting this article to further carry out the purposes of this chapter by relieving blind vending stand operators from the distress of poverty brought about by illness or old age.
(Added by Stats. 1974, Ch. 951.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 6 - Blind Persons › ARTICLE 6 - Blind Vending Operators Annuity Fund › Section 19651.

19651. From commissions collected in those facilities in which there are no blind vending stand operators licensed by the Department of Rehabilitation, the Department of Rehabilitation, upon a finding by the department that the vendors’ retirement program is actuarially sound and fiscally solvent, shall contribute to an annuity plan for blind vending stand operators licensed by the Department of Rehabilitation pursuant to Section 19630 of this chapter or pursuant to Section 107a of Title 20 of the United States Code.
(Amended by Stats. 1990, Ch. 1316, Sec. 15.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 6 - Blind Persons › ARTICLE 6 - Blind Vending Operators Annuity Fund › Section 19652.

19652. (a) The Department of Rehabilitation shall:
(1) Cooperate with or arrange through private carriers for the administration of an annuity plan pursuant to Sections 19650 and 19651.
(2) In accomplishing the provisions of this subdivision the department shall establish and consult with the committee of licensed blind vendors.
(b) The blind vending operators shall be deemed a group within the definition of Section 10200.5 of the Insurance Code who may be enrolled in a franchise or wholesale life insurance plan.
(Amended by Stats. 1990, Ch. 1316, Sec. 16.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 7 - Appeals › Section 19700.1.

19700.1. For the purposes of this chapter, the following definitions shall apply:
(a) “Appellant” means an applicant or client who has filed an oral or written request for an administrative review or a written request for a fair hearing.
(b) “Applicant” means any individual who has applied for vocational rehabilitation or independent living services which the department provides. The term also refers to individuals who apply for such services and are found ineligible.
(c) “Client” means any person receiving vocational rehabilitation or independent living services or support from the department.
(Amended by Stats. 1993, Ch. 937, Sec. 29. Effective October 8, 1993.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 7 - Appeals › Section 19703.

19703. (a) The provisions of this chapter relative to vocational rehabilitation or independent living services, or both, shall be administered fairly to the end that all persons who are eligible and apply for those services shall receive the services to which they are entitled under state and federal statutes and regulations promptly and with due consideration for their needs.
(b) Any applicant for services, or client of the department shall be informed as to the provisions of eligibility and his or her responsibility for reporting facts material to a correct determination of his or her eligibility for services.
(c) Any applicant for services, or client of the department who is denied vocational rehabilitation or independent living services, or both shall be notified in writing of the grounds on which the denial is based.
(Amended by Stats. 1993, Ch. 937, Sec. 30.5. Effective October 8, 1993.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 7 - Appeals › Section 19704.

19704. (a) If any applicant for, or client of, the department is dissatisfied with any action of the department relating to his or her application or receipt of services, or if any person who desires to apply for that assistance is refused the opportunity to submit a signed application therefor and is dissatisfied with that refusal, he or she shall, upon filing a request with the department within one year after the decision or action complained of, have a right to an administrative review and redetermination by a member or members of the supervisory staff of the department and a fair hearing before an impartial hearing officer.
(b) An administrative review shall not delay a hearing before an impartial hearing officer if that hearing is requested. The review shall be held and the decision of the reviewer shall be rendered to the applicant or client within 15 days of the date the request was filed.
(c) A fair hearing shall be held within 60 days of the date a written request is received by the department.
(d) Notwithstanding Sections 19130, 19131, and 19132 of the Government Code, the department shall contract with another office, entity, or department for the provision of impartial hearing officers.
(Amended by Stats. 2012, Ch. 47, Sec. 45. (SB 1041) Effective June 27, 2012. Operative July 27, 2012, by Sec. 59 of Ch. 47.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 7 - Appeals › Section 19705.

19705. (a) (1) After consulting with the appellant, the department shall set the time and place of the hearing specified in Section 19704 before an impartial hearing officer and shall give all parties concerned written notice of the time and place of the hearing.
(2) An impartial hearing officer may change the time and place of the hearing after further consultation with, and to accommodate the convenience of, the appellant. If the appellant consents and each participant in the hearing has an opportunity to participate in the entire proceeding while it is taking place and to examine exhibits, all or part of the fair hearing may be conducted by means other than an in-person hearing.
(b) At the hearing, the appellant may appear, may be accompanied by a representative of his or her own choosing, or may designate a representative to appear on his or her behalf. The appellant may submit the matter on the written record and waive the right to appear at the hearing.
(c) Upon a joint request of the parties or upon a showing of good cause by either party, the impartial hearing officer may grant extensions of time or continuances of the hearing.
(d) (1) The hearing shall be conducted by an impartial hearing officer who has no personal, financial, professional, or other interest that would conflict with his or her objectivity in conducting the hearing. The impartial hearing officer shall be knowledgeable regarding the federal and state laws and regulations applicable to the department.
(2) The hearing shall not be conducted according to the technical rules of evidence and those related to witnesses. Any relevant evidence shall be admitted if it is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a finding, unless it would be admissible over objection in a civil action. All testimony shall be under oath or affirmation, which the impartial hearing officer is empowered to administer.
(3) The impartial hearing officer shall do all of the following:
(A) Consider the presentation of relevant viewpoints about the issues of disagreement.
(B) Examine the evidence presented during the hearing.
(C) Issue a decision to the parties, written in ordinary and concise language and in compliance with federal and state law and regulations, that includes findings and grounds for the decision, within 30 days of the completion of the hearing.
(Amended by Stats. 2012, Ch. 47, Sec. 46. (SB 1041) Effective June 27, 2012. Operative July 27, 2012, by Sec. 59 of Ch. 47.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 7 - Appeals › Section 19705.1.

19705.1. Training for impartial hearing officers shall include, but not be limited to, both of the following:
(a) Information regarding the goals and requirements of the vocational rehabilitation program, the state plan, and federal and state statutes and regulations governing the program.
(b) Instruction in how to protect the rights of appellants at administrative hearings, with emphasis on assisting, where appropriate, those appellants represented by themselves or an advocate inexperienced in administrative hearings in fully developing the administrative record.
(Added by Stats. 2012, Ch. 47, Sec. 47. (SB 1041) Effective June 27, 2012. Operative July 27, 2012, by Sec. 59 of Ch. 47.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 7 - Appeals › Section 19708.

19708. (a) Information in the appellant’s case record shall, upon request and proper identification, be disclosed to the person or his or her authorized representative. Medical, psychological, or other information which the department believes may be harmful to the person shall not be released directly to that person, but shall be provided through his or her authorized representative, including, but not limited to, a physician or a licensed or certified psychologist. All records made or kept by any public officer or agency in connection with the administration of any vocational rehabilitation program shall be open for inspection by the applicant or client to which the information relates and by any other person authorized in writing by the applicant or client. The written authorization shall be dated and signed by the applicant or client and shall expire one year from the date of execution.
(b) In the event of any hearing under the provisions of this chapter, the authorized representative of the appellant shall be entitled to inspect the case record relating to the appellant prior to, as well as during, the hearing.
(Amended by Stats. 1990, Ch. 758, Sec. 9.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 7 - Appeals › Section 19709.

19709. (a) The appellant, within six months after receiving notice of the impartial hearing officer’s final decision, may file a petition with the superior court, under Section 1094.5 of the Code of Civil Procedure, praying for a review of the entire proceedings in the matter, upon questions of law involved in the case. The review, if granted, shall be the exclusive remedy available to the appellant for review of the impartial hearing officer’s final decision. The department shall be the sole respondent in the proceedings.
(b) No filing fee shall be required for the filing of a petition pursuant to this section. Any of these petitions to the superior court shall be entitled to a preference in setting a date for hearing on the petition. No bond shall be required in the case of any petition for review, nor in any appeal therefrom. The appellant shall be entitled to reasonable attorney’s fees and costs, if he or she obtains a decision in his or her favor.
(Amended by Stats. 2012, Ch. 47, Sec. 49. (SB 1041) Effective June 27, 2012. Operative July 27, 2012, by Sec. 59 of Ch. 47.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 7 - Appeals › Section 19710.

19710. Until January 1, 2014, the adoption and readoption of regulations to modify appeals processes consistent with this part shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement that it describe facts showing the need for immediate action and from review of the emergency regulations by the Office of Administrative Law.
(Added by Stats. 2012, Ch. 47, Sec. 50. (SB 1041) Effective June 27, 2012. Operative July 27, 2012, by Sec. 59 of Ch. 47.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 8 - Job Development › Section 19725.

19725. (a) For the purpose of providing self-employment opportunities for clients with severe disabilities of the Department of Rehabilitation who are determined by the department to be eligible for such a program, the authorized officials of any county, city, city and county, or other political subdivision of the state may enter into appropriate written agreements with the Department of Rehabilitation providing for the installation and operation of business facilities on property owned or occupied by the various political subdivisions. The Business Development Services Section of the Department of Rehabilitation shall supervise the operation of such facilities. The department shall promulgate rules and regulations relating to the establishment and operation of the business facilities.
(b) For the purpose of this section, business facilities shall not include vending stands or food service facilities authorized by the Business Enterprise for the Blind Program established by Article 5 (commencing with Section 19625) of Chapter 6 of Part 2 of Division 10 of the Welfare and Institutions Code, and nothing in this section shall be construed to affect in any way the Business Enterprises for the Blind Program.
(Amended by Stats. 2023, Ch. 797, Sec. 11. (AB 248) Effective January 1, 2024.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 8 - Job Development › Section 19726.

19726. (a) The Department of Rehabilitation shall establish by December 31, 2021, subject to appropriation within the Budget Act, a targeted disability employment program to increase employment opportunities for people with disabilities to work toward and achieve competitive integrated employment. The program shall meet both of the following requirements:
(1) Be developed in consultation with the Department of Developmental Services and other stakeholders specified in subparagraph (B) of paragraph (1) of subdivision (a) of Section 4870.1.
(2) Provide contracts or grants for entities to initiate a targeted marketing campaign and incentivize employers to hire individuals with disabilities through technical assistance, contracts or grants to make workplaces accessible, develop industry-recognized work-based learning opportunities, and support employment training for managers and human resources professionals.
(b) The Department shall provide evaluation reports on the implementation of the program required pursuant to subdivision (a) to the Legislature, no later than May 14, 2022, May 14, 2023, and May 14, 2024, that shall include all of the following:
(1) A description of the stakeholder consultation.
(2) The number of contracts or grants issued.
(3) The number of businesses targeted for the media campaign.
(4) The number of businesses that received technical assistance.
(5) The number of entities that received contracts or grants to make workplaces accessible.
(6) The number of work-based learning programs established through partnerships with entities.
(7) The number of participants in the program who are working toward or who have achieved competitive integrated employment.
(Added by Stats. 2021, Ch. 76, Sec. 64. (AB 136) Effective July 16, 2021.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 8.5 - Independent Living Rehabilitation Services › Section 19750.

19750. The purpose of this chapter is to establish program standards and authorize procedures utilized for subgranting funds, auditing records, and monitoring the delivery of services pursuant to the Independent Living Services Program created pursuant to this chapter.
(Amended by Stats. 1993, Ch. 937, Sec. 32.5. Effective October 8, 1993.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 8.5 - Independent Living Rehabilitation Services › Section 19751.

19751. The department shall administer the Independent Living Services Program. This program shall provide services to individuals with significant disabilities, in accordance with federal law. The department shall, in the administration of the program, subgrant its allocation of federal funds, and shall comply with all requirements set forth in the federal Rehabilitation Act of 1973, as amended, and with all rules and regulations adopted thereunder.
(Amended by Stats. 2016, Ch. 190, Sec. 9. (AB 2877) Effective January 1, 2017.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 8.5 - Independent Living Rehabilitation Services › Section 19752.

19752. Notwithstanding any other provision of law, expenditures shall be limited to providing only those services specified in Section 706 of Title 29 of the United States Code, when those services cannot be secured through any other source of funding. Services shall only be provided to the extent that federal funds designated for ILRS have been received by the department.
(Amended by Stats. 1993, Ch. 937, Sec. 33.5. Effective October 8, 1993.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 8.5 - Independent Living Rehabilitation Services › Section 19753.

19753. Financial need shall be considered in the furnishing or denial of independent living services in accordance with the federal Rehabilitation Act of 1973 and any subsequent amendments thereto, and regulations adopted thereunder.
(Amended by Stats. 1993, Ch. 937, Sec. 34. Effective October 8, 1993.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 8.5 - Independent Living Rehabilitation Services › Section 19754.

19754. To ensure high quality services and proper and effective expenditure of funds, the department may monitor services provided by, or conduct a fiscal review or audit the records of, any agency, organization, or facility receiving funds pursuant to this chapter. When the department chooses to monitor services or conduct an audit or fiscal review, the agency, organization, or facility shall cooperate with the department to the fullest extent possible. If the department determines that funds have been improperly expended, the department shall be reimbursed by the subgrantee for the amount of the overpayment.
(Added by Stats. 1992, Ch. 858, Sec. 3. Effective September 23, 1992.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 8.5 - Independent Living Rehabilitation Services › Section 19755.

19755. (a) Pursuant to Sections 19006 and 19016, the department shall promulgate regulations necessary to carry out the purposes of this chapter.
(b) Regulations adopted to implement this chapter shall be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
(Added by Stats. 1992, Ch. 858, Sec. 3. Effective September 23, 1992.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 9 - Independent Living Centers › Section 19800.

19800. The Legislature hereby finds and declares that individuals with disabilities comprise a large percentage of California’s total population and that action is necessary to assist these individuals in their attempts to live fuller and freer lives outside institutions. To achieve this, it is necessary to:
(a) Provide state funding to maintain the services provided by existing independent living centers and, where feasible, encourage the establishment of new centers which provide services to individuals with disabilities; and
(b) Vest in the Department of Rehabilitation the responsibility and authority for the encouragement of the planning, developing, and funding of independent living centers. The Department of Rehabilitation shall consult with existing independent living centers and the State Independent Living Council in this state regarding funding procedures and decisions.
(Amended by Stats. 1998, Ch. 329, Sec. 46. Effective August 21, 1998.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 9 - Independent Living Centers › Section 19801.

19801. An independent living center shall:
(a) Be a private, nonprofit organization controlled by a board of directors. A majority of the board shall be comprised of individuals with disabilities.
(b) Be staffed by persons trained to assist persons with disabilities in achieving social and economic independence. The staff shall include as large a proportion as is practicable of individuals with disabilities.
(c) Provide, but not be limited to, the following services to individuals with disabilities:
(1) Peer counseling.
(2) Advocacy.
(3) Attendant referral.
(4) Housing assistance.
(5) Information and referral.
(d) Provide other services and referrals as may be deemed necessary, such as transportation, job development, equipment maintenance and evaluation, training in independent living skills, mobility assistance, assistive technology, and communication assistance. Assistive technology may include information and outreach about appropriate assistive technology devices or services and referrals that will enable individuals to gain access to assistive technology in order to meet their needs and expand options for independence and productivity. Assistive technology activities shall involve collaboration with the Department of Rehabilitation and the nonprofit contractor selected to implement the federal Assistive Technology Act of 1998 (P.L. 105-394), which shall serve as the framework for offering assistance to individuals with disabilities.
(e) Promote and practice the independent living philosophy of:
(1) Consumer control of the center regarding decisionmaking, service delivery, management, and establishment of the policy and direction of the center.
(2) Self-help and self-advocacy.
(3) Development of peer relationships and peer role models.
(4) Equal access of individuals with disabilities to society and to all services, programs activities, resources, and facilities, whether public or private and regardless of the funding source.
(Amended by Stats. 1999, Ch. 493, Sec. 1. Effective January 1, 2000.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 9 - Independent Living Centers › Section 19802.

19802. For the purposes of this chapter, an “individual with a disability” is as defined pursuant to the federal Rehabilitation Act of 1973 (Section 705 of Title 29 of the United States Code), as amended.
(Amended by Stats. 2016, Ch. 190, Sec. 10. (AB 2877) Effective January 1, 2017.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 9 - Independent Living Centers › Section 19803.

19803. Services provided to individuals with disabilities shall be tailored to suit the individual needs and shall be available to individuals with all types of disabilities.
(Amended by Stats. 1998, Ch. 329, Sec. 48. Effective August 21, 1998.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 10 - STATE DEPARTMENT OF REHABILITATION › PART 2 - REHABILITATION SERVICES, PROGRAMS, AND FACILITIES › CHAPTER 9 - Independent Living Centers › Section 19805.

19805. (a) The Department of Rehabilitation may advance to an independent living center an amount, each month, not in excess of one-twelfth of the annual allocation for the independent living center.
(b) The Department of Rehabilitation may advance to any contractor or grantee receiving funds pursuant to this chapter an amount, each month, not in excess of one-twelfth of the annual allocation for the contractor or grantee.
(c) To obtain approval by the department for a funding advance pursuant to this section, a grantee of a funding advance shall meet accounting and reporting criteria established by the Department of Rehabilitation.
(Amended by Stats. 2003, Ch. 659, Sec. 4. Effective January 1, 2004.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 11.5 - Supported Decisionmaking › Section 21000.

21000. The Legislature finds and declares all of the following:
(a) Adults with disabilities, including older adults with disabilities, are presumed competent and to have the capacity to make decisions regarding their day-to-day health, safety, welfare, and social and financial affairs, unless otherwise determined through legal proceedings.
(b) All adults, to the best of their ability and with supports they choose, should be able to be informed about, and participate in, the management of their affairs.
(c) Like adults without disabilities, adults with disabilities may use a wide range of voluntary supports to help them understand, make, and communicate their own decisions. These voluntary arrangements should be encouraged and recognized as a valid way for people with disabilities to strengthen their capacity and maintain their autonomy.
(d) The capacity of an adult should be assessed with any supports, including supported decisionmaking, that the person is using or could use.
(e) Supported decisionmaking offers adults with disabilities a flexible way to maintain autonomy and decisionmaking authority over their own lives by developing and maintaining voluntary supports to assist them in understanding, making, communicating, and implementing their own informed choices.
(f) Supported decisionmaking can be a way to strengthen the capacity of an adult with a disability.
(g) Supported decisionmaking is one of several options available to adults with disabilities to understand, make, and communicate decisions and to express preferences, including, but not limited to, medical and financial powers of attorney, authorized representative forms, health care directives, release of information forms, and representative payees.
(Added by Stats. 2022, Ch. 894, Sec. 16. (AB 1663) Effective January 1, 2023.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 11.5 - Supported Decisionmaking › Section 21001.

21001. The following definitions apply for purposes of this division:
(a) “Adult with a disability” means an adult with any disability, including an older adult with a disability or an age-related disability. Disability includes, but is not limited to, an intellectual or developmental disability, cognitive disability, communication disability, psychiatric disability, physical disability, sensory disability, learning disability, dementia, cognitive impairment, Alzheimer’s disease, major neurocognitive disorder, or chronic illness or condition.
(b) “Life decision” means any decision that affects the adult with a disability, including, but not limited to, a decision regarding any medical, psychological, financial, educational, living arrangement, access to home and community-based services, social, sexual, religious, or occupational matter.
(c) “Supported decisionmaking” means an individualized process of supporting and accommodating an adult with a disability to enable them to make life decisions without impeding the self-determination of the adult.
(d) “Supported decisionmaking agreement” means a voluntary, written agreement, written in plain language accessible to the adult with a disability and in conformance with Section 21005. A supported decisionmaking agreement shall be signed in conformance with subdivision (b) of Section 21005 and may be revoked orally or in writing at any time by either party. A supported decisionmaking agreement may include images, be read aloud, or be video or audio recorded, in addition to the written version.
(e) “Supporter” means one or more adults who meet the requirements in Section 21002 and who enter into a supported decisionmaking agreement to help the adult with a disability make decisions.
(Added by Stats. 2022, Ch. 894, Sec. 16. (AB 1663) Effective January 1, 2023.)