reglab/statecodes huggingface dataset:
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 4 - Standards for Closing the Record of Services › Section 7181.1 - Mandatory Reviews After the Record of Services Has Been Closed

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of this section is to specify circumstances under
				  which the Department must conduct reviews after a record of services has been
				  closed.
(a) The Department must conduct a
				semi-annual review and reevaluation for the first two years of such employment and
				annually thereafter, in accordance with the requirements in paragraph (b) of this
				section, for an individual with a disability:
(1)
				Who has a record of service, as described in Section
				7122, as either an applicant or eligible
				individual under the vocational rehabilitation program; and
(2) Who has achieved employment in which the
				individual is compensated in accordance with Section
				14(c) of the Fair Labor
				Standards Act; or
(3) Who is in extended
				employment, including those individuals whose record of service is closed while the
				individual is in extended employment on the basis that the individual is unable to
				achieve an employment outcome consistent with an individual's unique strengths,
				resources, priorities, concerns, abilities, capabilities, interests or that the
				individual made an informed choice to remain in extended employment.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 4 - Standards for Closing the Record of Services › Section 7182 - Closing Cases from Applicant Status. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment of
				  subsection (a) filed 3-25-91; operative 4-25-91 (Register 91, No. 15).
2.
				  Amendment of section and NOTE filed 6-6-94 as an emergency; operative 6-6-94
				  (Register 94, No. 23). A Certificate of Compliance must be transmitted to OAL by
				  10-4-94 or emergency language will be repealed by operation of law on the following
				  day.
3. Certificate of Compliance as to 6-6-94 order transmitted to OAL
				  8-30-94 and filed 10-13-94 (Register 94, No. 41).
4. Editorial correction
				  of subsection (a)(4) (Register 95, No. 11).
5. Repealer filed 3-4-2004;
				  operative 4-3-2004 (Register 2004, No. 10).
Note: Authority cited: Sections
					 19006
					 and
					 19016,
					 Welfare and Institutions Code; and Section
					 35, Chapter 937, Statutes of 1993.
					 Reference: Section
					 19103,
					 Welfare and Institutions Code; and
					 29 U.S.C.
					 722(a)(4).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 4 - Standards for Closing the Record of Services › Section 7183 - Closing Cases from Extended Evaluation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment filed
				  6-28-90; operative 7-28-90 (Register 90, No. 35).
2. Amendment of
				  subsection (a) filed 3-25-91; operative 4-25-91 (Register 91, No. 15).
3.
				  Repealer filed 3-4-2004; operative 4-3-2004 (Register 2004, No. 10).
Note: Authority cited: Sections
					 19006
					 and
					 19016,
					 Welfare and Institutions Code. Reference: Sections
					 19010
					 and
					 19100,
					 Welfare and Institutions Code; 34
					 CFR, Sections 361.34,
					 361,
					 35 and
					 361.40(d)(2).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 4 - Standards for Closing the Record of Services › Section 7184 - Closing Cases as Rehabilitated. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New subsection
				  (b) filed 3-25-91; operative 4-25-91 (Register 91, No. 15).
2. Amendment
				  of (a)(3)(A)-(a)(3)(A)3. and NOTE filed 3-16-93; operative 4-15-93 (Register 93, No.
				  12).
3. Repealer filed 3-4-2004; operative 4-3-2004 (Register 2004, No.
				  10).
Note: Authority cited: Sections
					 19006
					 and
					 19016,
					 Welfare and Institutions Code. Reference: Section
					 19010,
					 Welfare and Institutions Code; 34
					 CFR Sections 361.35,
					 361.42,
					 361.43 and
					 363.3.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 4 - Standards for Closing the Record of Services › Section 7185 - Closing Cases as Non-Rehabilitated. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment filed
				  3-25-91; operative 4-25-91 (Register 91, No. 15).
2. Editorial correction
				  of HISTORY 1 (Register 95, No. 11).
3. Repealer filed 3-4-2004; operative
				  4-3-2004 (Register 2004, No. 10).
Note: Authority cited: Sections
					 19006
					 and
					 19016,
					 Welfare and Institutions Code. Reference: Section
					 19010,
					 Welfare and Institutions Code; 34
					 CFR Sections 361.35 and
					 361.40(d)(2).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 4 - Standards for Closing the Record of Services › Section 7185.5 - Closing Cases-Other Reasons. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 3-25-91; operative 4-25-91 (Register 91, No. 15).
2. Editorial
				  correction of subsection (a)(7) (Register 95, No. 11).
3. Repealer filed
				  3-4-2004; operative 4-3-2004 (Register 2004, No. 10).
Note: Authority cited: Sections
					 19006
					 and
					 19016,
					 Welfare and Institutions Code. Reference: Section
					 19010,
					 Welfare and Institutions Code; 34
					 CFR Section 361.35.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 4 - Standards for Closing the Record of Services › Section 7185.7 - Closing Cases of SSDI or SSI/SSP Recipients. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 1-14-92; operative 2-13-92 (Register 92, No. 13).
2. Repealer filed
				  3-4-2004; operative 4-3-2004 (Register 2004, No. 10).
Note: Authority cited: Sections
					 19006
					 and
					 19016,
					 Welfare and Institutions Code. Reference: Section
					 19010,
					 Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 4 - Standards for Closing the Record of Services › Section 7186 - Review of Closures. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment of
				  subsection (a) and new subsection (d) filed 3-25-91; operative 4-25-91 (Register 91,
				  No. 15).
2. Editorial correction adding inadvertently omitted subsection
				  (a)(1) (Register 95, No. 11).
3. Repealer filed 3-4-2004; operative
				  4-3-2004 (Register 2004, No. 10).
Note: Authority cited: Sections
					 19006
					 and
					 19016,
					 Welfare and Institutions Code. Reference: Section
					 19010,
					 Welfare and Institutions Code; 34
					 CFR Sections 361.34,
					 361.35 and
					 361.40(c)(2).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 5 - Client Financial Participation; Loaned Property; Similar Benefits › Article 1 - Client Financial Participation › Section 7190 - Client Financial Participation-General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Clients
				  shall financially participate to the extent required by this article in the cost of
				  vocational rehabilitation services.
(b)
				  The Department shall deny authorization of a specific service(s) to any client when
				  it has been determined pursuant to this article that client financial participation
				  is required and the client refuses or fails to do so. The Counselor shall record in
				  the case record the reason for denying authorization of the service(s). Other
				  services may continue to be authorized if the IWRP remains viable without the
				  provision of the service(s) that was denied.
(c) For the purposes of this article, the
				  following definitions shall apply:
(1) "Client
				  income" means all money, before deductions except for a deduction equal to the
				  amount paid for any court ordered child or spousal support payments, received by any
				  of the persons specified in (A) through (D) during a calendar month. "Client income"
				  does not mean financial assistance defined as a similar benefit in accordance with
				  Sections 7026 and
				  7197.
(A) The client.
(B) The client's spouse, providing the client and
				  spouse reside together.
(C) The
				  parent(s) of a client under the age of 18 years with whom the client
				  resides.
(D) The parent(s) of a client
				  of any age who claim the client as a dependent for federal or state income tax
				  reporting purposes, unless the only monies made available to the client are court
				  ordered child support payments. In this case, only the monies received by the client
				  are considered.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 5 - Client Financial Participation; Loaned Property; Similar Benefits › Article 1 - Client Financial Participation › Section 7191 - Exemptions from Client Financial Participation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A client
				  shall be exempt from client financial participation in the cost of any vocational
				  rehabilitation services if the client is a recipient of any of the following:
(1) SSDI.
(2) SSI/SSP.
(3) Public Assistance, including General Relief,
				  General Assistance, or Aid to Families with Dependent Children.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 5 - Client Financial Participation; Loaned Property; Similar Benefits › Article 1 - Client Financial Participation › Section 7192 - Computation of Client Financial Participation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Client
				  financial participation in the cost of vocational rehabilitation services shall be
				  determined in accordance with the provisions of this section.
(b) The client financial participation shall cover
				  a one month period and be determined as follows:
(1) Subtract the appropriate monthly income
				  exemption, based on the number of household members, specified in (c) from the
				  client's total monthly income. This is the client's surplus income. If the remainder
				  is less than zero, the client has zero surplus income.
(2) Subtract $2,000.00 plus $750.00 for each of
				  the client's household members from the client's total liquid assets. These are the
				  client's surplus liquid assets. If the remainder is less than zero, the client has
				  zero surplus liquid assets.
(3) Combine
				  the client's surplus income from (1) and surplus liquid assets from (2).
(4) Subtract the client's total medical exemptions
				  from the amount determined in (3). The remainder, if any, is the amount of the
				  monthly client financial participation which the client shall be required to
				  contribute toward the cost of vocational rehabilitation services not exempt pursuant
				  to section 7191(c).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 5 - Client Financial Participation; Loaned Property; Similar Benefits › Article 1 - Client Financial Participation › Section 7193 - Client Financial Participation-Payment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The client
				  shall directly purchase a service that is subject to client financial participation
				  when both of the following conditions exist:
(1)
				  The amount of the monthly client financial participation computed pursuant to
				  section 7192(b) equals or
				  exceeds the cost of the service to the client.
(2) The client has not yet fulfilled his/her
				  financial participation obligation for the month.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 5 - Client Financial Participation; Loaned Property; Similar Benefits › Article 2 - Loaned Property › Section 7194 - Department-Loaned Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department may loan equipment or other items, except items specified in (b), to a
				  client while he or she is participating in an IPE. The Department shall retain title
				  to the property until one of the following occurs:
(1) The client is successfully rehabilitated. When
				  this occurs the Rehabilitation Counselor shall determine if the property is
				  essential to the client's employment. Upon a determination by the Rehabilitation
				  Counselor that the property is:
(A) Essential to
				  the client's employment, the ownership shall be transferred to the client if the
				  client either;
1. Has no financial participation
				  obligation, or
2. Pays the outstanding
				  balance of his or her financial obligation, if any, to the
				  Department.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 5 - Client Financial Participation; Loaned Property; Similar Benefits › Article 2 - Loaned Property › Section 7195 - Improper Disposal of or Failure to Return Loaned Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department shall take appropriate administrative and/or legal action to receive
				  payment or recover any Departmental equipment, vehicles, or other items loaned to
				  the client if they are improperly disposed of or the client, upon receiving a verbal
				  or written request from the Department, fails to return them. Such actions may
				  include, but are not limited to:
(1) Informal
				  attempts by the Counselor to recover the property.
(2) Obtaining reimbursement for the item's fair
				  market value as determined in accordance with section
				  1794(c).
(3) Commencing an investigation under the
				  authority of section
				  11180,
				  Government Code.
(4) In the case of
				  pawned property, both of the following:
(A)
				  Informing the pawnbroker that California Commercial Code sections
				  1201(9)
				  and
				  2403
				  specifically exempt pawnbrokers from ownership rights afforded the buyer in the
				  purchase of goods sold in violation of the ownership rights or security interest of
				  a third party.
(B) Demanding the
				  property's return.
(5)
				  Notifying local law enforcement.
(6)
				  Initiating proceedings in small claims court.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 5 - Client Financial Participation; Loaned Property; Similar Benefits › Article 3 - Similar Benefits or Comparable Services and Benefits › Section 7196 - General Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Clients
				  eligible for similar benefits shall apply for and fully utilize those similar
				  benefits to the extent required by these regulations.
(b) The utilization of similar benefits shall not
				  apply to the following services, including when those services are received as
				  post-employment services:
(1) Evaluation of
				  rehabilitation potential.
(2)
				  Counseling, guidance and referral.
(3)
				  Vocational and other training services including, personal and vocational adjustment
				  training, books, tools and other training materials provided by a resource other
				  than an institution of higher education.
(4) Placement.
(5) Rehabilitation engineering services.
(6) Job Coaching Services.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 5 - Client Financial Participation; Loaned Property; Similar Benefits › Article 3 - Similar Benefits or Comparable Services and Benefits › Section 7197 - Additional Requirements-Institutions of Higher Education

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
				  purposes of this section, the following definitions shall apply:
(1) "Institution of higher education" means a
				  university, college, community college, or private proprietary school which provides
				  academic or vocational education and/or training above the California secondary
				  school level.
(2) "Maximum effort" means
				  a client's specific actions which are necessary to establish eligibility and secure
				  any similar benefits necessary to vocational rehabilitation.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 5 - Client Financial Participation; Loaned Property; Similar Benefits › Article 3 - Similar Benefits or Comparable Services and Benefits › Section 7198 - Extreme Medical Risk

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				  purposes of this section "extreme medical risk" means a probability of substantially
				  increasing functional impairment or death if medical services, including mental
				  health services, are not provided expeditiously.
(b) The determination of availability of similar
				  benefits under any other program shall not apply if the determination would delay
				  the provision of vocational rehabilitation services to any eligible individual who
				  is at extreme medical risk.
(c) A
				  determination of extreme medical risk shall be based upon medical evidence provided
				  by a licensed physician and verified by a Medical Consultant.
(d) Nothing in this section shall be construed to
				  mean that the Department shall either:
(1) Be
				  required to provide services to persons who no longer meet the conditions of
				  eligibility specified in Section
				  7062.
(2) Become a primary health care payment program
				  or take the place of other primary health care payment programs, such as the
				  Medi-Cal program.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 1 - General Provisions › Section 7210 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  regulations in this chapter govern the operation of the Business Enterprises Program
				  for the Blind, hereafter BEP, which is a program established pursuant to the
				  Randolph-Sheppard Act (20 USC
				  section 107 et seq.) and state law (Welfare and
				  Institutions Code section
				  19625
				  et seq.), that is promoted by the Department of Rehabilitation, hereafter
				  Department, to provide blind persons with remunerative employment. The Department
				  administers and operates the BEP and, as the state licensing agency, issues licenses
				  for the operation of vending facilities on federal, state, and other property in
				  California to individuals who meet the requirements for participation in the BEP
				  specified in Section
				  7212(a) of these
				  regulations, and who have successfully completed the Vendor Training Program
				  provided for in Section
				  7212.1 of these regulations.
(b) The Director of the Department shall do all of
				  the following:
(1) Provide all licensees and
				  vendors with a copy of all rules and regulations adopted by the Department that
				  pertain to the BEP. These rules and regulations shall be provided to the licensee or
				  vendor in the licensee's or vendor's preferred mode of communication, to the extent
				  possible. Such modes of communication may include providing rules and regulations in
				  large print, Braille, on audiotape, 3.5" diskette, or compact disk. The Department
				  shall transmit copies of the rules and regulations electronically, upon
				  request.
(2) Notify all licensees and
				  vendors of any proposed changes to the rules and regulations that pertain to the BEP
				  at least 45 days before any proposed action by the Department.
(3) Review regulations adopted by the Department
				  that pertain to the BEP for possible revision at least every three
				  years.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 3 - Eligibility and Training › Section 7212 - Eligibility Requirements; Applicant Assessment; Interview; Referral

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  individual who is 18 years or older, blind, as defined in Section
				  7211(a)(5) of these
				  regulations, a United States citizen, and eligible to receive vocational
				  rehabilitation services from the Department, is eligible to apply for participation
				  in the Business Enterprises Program for the Blind, hereafter BEP.
(b) The readiness of an applicant meeting the
				  requirements of subsection (a) herein to participate in the BEP Vendor Training
				  Program shall be determined by:
(1) An on-the-job
				  pre-entry evaluation conducted by a Vendor-Trainer who is selected cooperatively by
				  the Rehabilitation Counselor for the Blind and the Training Instructor. This
				  evaluation shall be conducted for 20 working days, and may be extended with the
				  approval of the Rehabilitation Counselor for the Blind and the Training
				  Instructor.
(2) A review and interview
				  conducted by an Applicant Review Panel, as specified in subsections (g) and (h)
				  herein, respectively.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 3 - Eligibility and Training › Section 7212.1 - Vendor Training Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Vendor
				  Training Program may be conducted when at least five individuals have been approved
				  to enter and participate in the Vendor Training Program by meeting requirements
				  established in Section
				  7212 of these regulations. However, the
				  BEP Manager may approve the training for fewer than five individuals. The maximum
				  size of the training class shall be determined by the Business Enterprises Program
				  for the Blind, hereafter BEP, based on the staffing available to effectively provide
				  the training, after consultation with the California Vendors Policy Committee,
				  hereafter CVPC. Before training commences, the Rehabilitation Counselor for the
				  Blind shall forward documentation to the Training Instructor regarding the
				  Client-Trainee's qualifications to participate in the BEP training program as
				  provided for in Section
				  7212(a) of these
				  regulations.
(b) The Vendor Training
				  Program shall include a training syllabus developed by the BEP that sets out the
				  required courses and performance standards that Client-Trainees are expected to
				  maintain. The training syllabus, schedule, curriculum, and vendor training
				  evaluation process shall be made available to the CVPC or any vendor upon
				  request.
(c) The training curriculum
				  shall include, at a minimum:
(1) Classroom
				  training including, but not limited to, subjects such as: federal law (20 USC section
				  107 et seq.); federal regulations (34 CFR Part
				  395); state law (Welfare and Institutions Code section
				  19625
				  et seq.); state regulations (California Code of Regulations (CCR), Title 9, Section
				  7210 et seq.); and applicable California
				  Health and Safety Code requirements and certifications. This training shall include
				  homework, tests, and evaluations, as determined by the Training
				  Instructor.
(2) On-the-Job Training at
				  two or more BEP vending facilities.
(3)
				  Additional training to enhance knowledge in specific subject areas, which may be
				  provided through classroom and on-the-job training, if required by the Training
				  Instructor.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 3 - Eligibility and Training › Section 7212.2 - Vendor-Trainers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  Business Enterprises Program for the Blind, hereafter BEP, vendor who wishes to
				  become a Vendor-Trainer shall file a written request and a copy of the vendor's
				  current, valid Food Safety Certification issued pursuant to Health and Safety Code
				  section
				  113947.1,
				  with the BEP Training Instructor. This request may be made at any time. Depending on
				  the need, the Training Instructor also may recruit vendors for this
				  purpose.
(b) A BEP vendor must meet all
				  of the following requirements to be considered eligible to become a Vendor-Trainer
				  and to continue being a Vendor-Trainer:
(1)
				  Possess a current, valid Food Safety Certification pursuant to Health and Safety
				  Code section
				  113947.1.
(2) Be current with filing the DR 478, Vendor's
				  Monthly Operating Report (Rev. 06/16), incorporated by reference herein.
(3) Have no current delinquency on payment of any
				  fees or other payments resulting from the operation of a vending facility.
(4) Have no history of abandonment of his or her
				  vending facility or, for two or more sites that have been combined or consolidated
				  into a vending facility, any one of the sites that were combined or
				  consolidated.
(5) Successfully complete
				  the BEP Vendor-Trainer Certification Class to be certified by the BEP Manager. The
				  certification shall be valid for a period consistent with the length of time the
				  Food Safety Certification required by subsection (b)(1) herein is
				  valid.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 3 - Eligibility and Training › Section 7212.3 - Client-Trainee Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) During his
				  or her participation in the Vendor Training Program, the Client-Trainee is
				  responsible for meeting performance standards including, but not limited to:
(1) Achieve performance levels for classroom and
				  on-the-job training at levels specified in Section
				  7212.1(h) of these
				  regulations.
(2) Attend classroom and
				  on-the-job training, unless excused by the Training Instructor.
(A) Maintain an accurate and complete timesheet
				  for on-the-job training. This timesheet must be signed by the Vendor-Trainer and
				  turned in by the Client-Trainee to the Training Instructor by the 10th of the
				  following month, to cover the previous month's training.
(3) Wear clothing that is in good condition, neat
				  and clean, and that is appropriate for meeting the public in a food service
				  operation.
(4) Maintain good personal
				  hygiene that is consistent with safe and sanitary food handling.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 3 - Eligibility and Training › Section 7212.4 - In-Service and Upward Mobility Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In-Service
				  and Upward Mobility Training shall have the meanings and objectives specified in
				  Section 7211(a)(27) and (53) of
				  these regulations, respectively. Any vendor may make written application to the
				  Training Instructor to attend any regularly scheduled Business Enterprises Program
				  for the Blind, hereafter BEP, training as part of ongoing In-Service Training. The
				  vendor's application may be for initial training, retraining, training on new
				  technology or new food service management techniques, or for the purpose of
				  certification to be a Vendor-Trainer.
(b) In-Service Training shall be offered at least
				  once a year, in at least two locations in the state. In-Service Training may be
				  provided to individual vendors by the Training Instructor or BEP in the classroom or
				  on site in the vendor's vending facility, upon request.
(c) In-Service Training may include, but is not
				  limited to, presentations on the following subjects:
(1) Federal and state laws and regulations
				  applicable to the BEP, including federal law (20 USC section 107 et
				  seq.), federal regulations (34 CFR Part 395), state law (Welfare and Institutions
				  Code section
				  19625
				  et seq.), and state regulations (California Code of Regulations (CCR), Title 9,
				  Section 7210 et seq.).
(2) Assistance and advocacy available from the
				  California Vendors Policy Committee, hereafter CVPC.
(3) Sanitation and safety.
(4) Food and beverage preparation, menu planning,
				  and pricing.
(5) Convenience store
				  merchandising.
(6) Financial management
				  and preparation of the DR 478, Vendor's Monthly Operating Report (Rev. 06/16),
				  incorporated by reference herein.
(7)
				  Customer relations.
(8) Labor
				  law.
(9) Human resources.
(10) Business marketing.
(11) Vending machines, including maintenance and
				  minor repairs.
(12) Vending equipment
				  (excluding vending machines) including maintenance and minor repairs.
(13) Developing an Employee
				  Handbook.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 4 - Licensing › Section 7213 - Licensing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  applicant who meets all of the following requirements shall be issued a DR 468,
				  Vending Facility License (Rev. 07/07), incorporated by reference herein, within 30
				  working days of the Training Instructor's issuance of the DR 456, Certification of
				  Eligibility for BEP License (Rev. 07/07), incorporated by reference herein:
(1) Eligible to apply to participate in the
				  Business Enterprises Program for the Blind (BEP) established in Section
				  7212(a) of these
				  regulations;
(2) Possess a DR 456,
				  Certification of Eligibility for BEP License (Rev. 07/07), as specified in Section
				  7212.1(i) of these
				  regulations; and
(3) Ability to comply
				  with all applicable laws and regulations.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 4 - Licensing › Section 7213.1 - Suspension or Termination of a Licensee's or Vendor's License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
				  purposes of this section, the DR 468, Vending Facility License (Rev. 07/07),
				  incorporated by reference herein, shall be referred to as the "license." Only the
				  Department may suspend or terminate the license of a licensee or a vendor.
(b) Written notice of the intent to terminate the
				  license of a licensee or suspend or terminate the license of a vendor shall be
				  considered properly served by one of the following two methods and shall include a
				  declaration of service:
(1) Certified mail to the
				  current mailing address provided to the BEP Manager by the licensee or vendor in
				  accordance with Section
				  7213(c) of these
				  regulations; or
(2) Personal service on
				  the licensee or vendor.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 4 - Licensing › Section 7213.2 - Suspension or Termination of a Vendor's Operating Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
				  purposes of this section, Vendor's Operating Agreement, as defined in Section
				  7211(a)(60), shall be
				  referred to as the "operating agreement." The suspension or termination of a
				  vendor's operating agreement does not require that a vendor's DR 468, Vending
				  Facility License (Rev. 07/07), incorporated by reference herein, be suspended or
				  terminated.
(b) Upon properly served
				  written notice of intent to suspend or terminate an operating agreement in
				  accordance with subsection (c) herein, the Business Enterprises Program for the
				  Blind (BEP) shall suspend or terminate a vendor's operating agreement when:
(1) The Permit for the vending facility is
				  withdrawn by the contracting agency;
(2)
				  The vendor vacates the vending facility;
(3) The vendor's license is suspended or
				  terminated, in accordance with Section
				  7213.1 of these regulations;
				  or
(4) Good cause exists as specified in
				  Section 7213.3 of these
				  regulations.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 4 - Licensing › Section 7213.3 - Good Cause for Suspension or Termination of a License or Operating Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				  purposes of this section, the DR 468, Vending Facility License (Rev. 07/07),
				  incorporated by reference herein, shall be referred to as the "license" and Vendor's
				  Operating Agreement, as defined in Section
				  7211(a)(60), shall be
				  referred to as the "operating agreement."
(b) Good cause for termination of a licensee's
				  license is that the licensee no longer meets the eligibility requirements to apply
				  for participation in the Business Enterprises Program for the Blind (BEP)
				  established in Section
				  7212(a) of these
				  regulations.
(c) Any of the following
				  conditions shall be considered good cause for suspension or termination of a
				  vendor's license or operating agreement:
(1) The
				  vendor no longer meets the eligibility requirements to apply for participation in
				  the BEP established in Section
				  7212(a) of these
				  regulations.
(2) The vendor abandons his
				  or her vending facility or, for two or more sites that have been combined or
				  consolidated into a vending facility, the vendor abandons any one of those sites. A
				  vending facility site shall be considered abandoned when it is closed for three
				  consecutive working days and no services are provided, and/or it is closed without
				  approval from the BEP Manager.
(3) The
				  vendor fails to operate his or her vending facility in accordance with applicable
				  federal law (20 USC section
				  107 et seq.), federal regulations (34 CFR Part
				  395), state law (Welfare and Institutions Code section
				  19625
				  et seq.), state regulations (California Code of Regulations (CCR), Title 9, Section
				  7210 et seq.), or with applicable Health
				  and Safety Codes.
(4) The vendor fails
				  to operate his or her vending facility in accordance with the terms and conditions
				  of the Permit defined in Section
				  7211(a)(35) of these
				  regulations, or the Vendor's Operating Agreement defined in Section
				  7211(a)(60) of these
				  regulations.
(5) The vendor fails to
				  personally manage his or her vending facility by a continuing presence at the
				  vending facility, as required by Section
				  7220(a) of these
				  regulations.
(6) The vendor willfully or
				  maliciously destroys, or fails to exercise necessary care for, equipment furnished
				  by the BEP or the contracting agency named in the Permit.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 4 - Licensing › Section 7213.4 - Disapproval or Withdrawal of Approval of a Vendor by the Contracting Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  contracting agency, as defined in Section
				  7211(a)(12) of these
				  regulations, may disapprove, or withdraw approval of, a vendor currently operating a
				  vending facility on property cared for, in the custody of, or controlled by the
				  contracting agency, but only for good cause. The Department may not orally, in
				  writing, or by any other form of communication, instigate, initiate, or encourage a
				  person, governing board, or legislative body having control of the property on which
				  a vending facility is operated, to request the removal of a vendor.
(b) The contracting agency shall notify the
				  Business Enterprises Program for the Blind (BEP) in writing of the grounds for
				  disapproval or withdrawal of approval of a vendor and shall supply any supporting
				  material to the BEP. The BEP Manager shall review this written notice and supporting
				  material within three working days and determine whether there is good cause for
				  disapproval or withdrawal of approval of a vendor.
(c) If good cause exists, the BEP shall
				  immediately send a letter of reprimand to the vendor by certified mail with a
				  receipt confirmation required that shall include all of the following:
(1) A copy of the original notification form and
				  any supporting material provided by the contracting agency.
(2) A description of the acts or omissions that
				  constitute good cause for disapproval or withdrawal of approval of the vendor, which
				  may include one or more of the following:
(A)
				  Failure to carry out the vendor's responsibilities as specified in Section
				  7220 of these regulations.
(B) Any of the conditions considered good cause,
				  as specified in Section
				  7213.3 of these
				  regulations.
(3)
				  Identification of applicable federal law (20 USC section 107 et seq.), federal
				  regulations (34 CFR Part 395), state law (Welfare and Institutions Code section
				  19625
				  et seq.), state regulations (California Code of Regulations, title 9, section
				  7210 et seq.), and applicable Health and
				  Safety Code requirements that have been violated.
(4) The date of removal from the vending
				  facility.
(5) Any corrective action(s)
				  the vendor must take which, if taken, shall allow the vendor to remain at the
				  vending facility.
(6) The vendor's right
				  to an administrative review and a full evidentiary hearing as provided for in
				  Sections 7227.1 and
				  7227.2 of these regulations,
				  respectively.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 4 - Licensing › Section 7213.5 - Eligibility of a Licensee to Apply for a BEP Vending Facility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To be
				  eligible to apply for a Business Enterprises Program for the Blind (BEP) vending
				  facility, including an interim vending facility, a licensee shall comply with the
				  following requirements to ensure that he or she maintains the qualifications to
				  operate a BEP vending facility:
(1) If the
				  licensee has not operated a BEP vending facility, including an interim vending
				  facility, from two to four years from the date of licensure or from the last day the
				  licensee operated a vending facility, whichever is most recent in the previous, the
				  licensee must either:
(A) Enroll in and complete
				  the BEP Vendor Training Program described in Section
				  7212.1 of these regulations, except that
				  an individual who was a former vendor will not be required to complete the
				  on-the-job training specified in Section
				  7212.1(c)(2) of these
				  regulations; or
(B) Challenge the
				  requirement to take the BEP Vendor Training Program by taking and scoring 70 percent
				  or higher on an examination given by the BEP Training Instructor, comparable to the
				  midterm test specified in Section
				  7212.1(f) of these
				  regulations.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 4 - Licensing › Section 7213.6 - Reinstatement of a License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				  purposes of this section, the DR 468, Vending Facility License (Rev. 07/07),
				  incorporated by reference herein, shall be referred to as the "license."
(b) If a licensee or vendor resigns from the
				  Business Enterprises Program for the Blind (BEP), the licensee or vendor may request
				  reinstatement of his or her license.
(1) If a
				  former licensee or vendor requests reinstatement within two years after he or she
				  resigned, the BEP Manager may reinstate a license only if:
(A) The former licensee or vendor meets the
				  requirements to apply for participation in the BEP established in Section
				  7212(a) of these
				  regulations;
(B) The former licensee or
				  vendor requesting reinstatement possesses necessary certifications required by
				  Health and Safety Code sections
				  113700
				  through
				  114180;
				  and
(C) If the individual requesting
				  reinstatement was a former vendor, he or she has paid all monies owed to the BEP,
				  including, but not limited to set-aside fees payment for workers' compensation or
				  liability insurance, and penalties, and filed all of the required DR 478, Vendor's
				  Monthly Operating Reports (Rev. 06/16), incorporated by reference
				  herein.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 5 - Vending Facilities; Announcement; Application; Selection; Placement › Section 7214.1 - Application Requirements and the Application Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Licensees
				  and vendors who are applying to operate a vending facility shall submit a completed
				  DR 462, Vending Facility Application (Rev. 07/07), incorporated by reference herein,
				  to the BEP. The licensee or vendor may submit an application in an alternative form,
				  as long as the application contains all information required by the DR 462, Vending
				  Facility Application (Rev. 07/07). The completed application may be delivered to the
				  BEP by mail, electronic mail, facsimile, or personal delivery. Applications must be
				  postmarked or date stamped by the Department on or before the final filing date in
				  order to be accepted.
(b) A vendor
				  currently operating a vending facility on a permanent basis must have operated that
				  vending for at least 183 calendar days before the final filing date on the DR 460,
				  Vending Facility Announcement (Rev. 09/09), incorporated by reference herein, to be
				  eligible to submit an application to operate a different vending facility.
(c) The application requirements established in
				  subsection (b) herein may be waived by the BEP Manager after notification to the
				  California Vendors Policy Committee (CVPC) of the waiver for the following reasons:
(1) The vendor can demonstrate that the current
				  vending facility he or she was selected for and assigned to operate was not opened
				  within a reasonable period of time due to delays beyond the vendor's control;
				  or
(2) The vendor can demonstrate that
				  he or she was unable to remain at his or her vending facility for at least 183 days
				  due to circumstances beyond the vendor's control.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 5 - Vending Facilities; Announcement; Application; Selection; Placement › Section 7214.2 - Resume and Business Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As part of
				  the selection interview process specified in Section
				  7214.4 of these regulations, a qualified
				  applicant shall submit a resume and a business plan for each vending facility he or
				  she is applying to operate.
(1) The resume shall
				  provide information about the applicant's education and experience that is relevant
				  to the operation of a vending facility.
(2) The business plan shall include a description
				  of the business, vision and mission statements, plans for staffing and operating the
				  facility, hours of operation, the proposed menu and items for sale, and other
				  relevant matters that demonstrate how the vendor envisions the business will
				  function.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 5 - Vending Facilities; Announcement; Application; Selection; Placement › Section 7214.3 - Selection Committee for Vending Facilities; Selection Coordinator; Committee Chairperson; Selection Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  selection of a licensee or vendor to operate a vending facility shall be made by a
				  Selection Committee for Vending Facilities, as defined in Section
				  7211(a)(40) of these
				  regulations. The Selection Committee for Vending Facilities shall consist of three
				  representatives of the contracting agency, as defined in Section
				  7211(a)(12) of these
				  regulations, unless a written waiver stating that the Selection Committee for
				  Vending Facilities shall consist of less than three representatives has been signed
				  by the individual responsible for representing the contracting agency. If the
				  contracting agency chooses not to be represented, the Selection Committee for
				  Vending Facilities members shall be individuals with administrative or managerial
				  experience in food service recruited by the Business Enterprises Program for the
				  Blind, herein BEP, who do not work for the BEP.
(1)
				  The contracting agency may reverse its decision not to be represented until such
				  time as all three members of the Selection Committee for Vending Facilities
				  recruited by the BEP have agreed to serve.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 6 - Business Enterprises Program for the Blind › Article 5 - Vending Facilities; Announcement; Application; Selection; Placement › Section 7214.4 - Selection Interviews of Applicants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
				  qualified applicant is required to appear for a selection interview on the date and
				  at the time and location specified on the DR 461, Notification of Selection
				  Committee for Vending Facilities Meeting (Rev. 09/09), incorporated by reference
				  herein. Any applicant who does not appear for the selection interview on the date
				  and at the time and location in the notice, and who has not submitted a written
				  notice of withdrawal in accordance with these regulations, shall be disqualified
				  from:
(1) Participation in the selection interview
				  process; and
(2) Applying for a vending
				  facility for 183 calendar days from the date he or she last failed to
				  appear.