reglab/statecodes huggingface dataset:
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 4 - Veterans' Home of California › Section 505.11 - Rights to Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Veterans
				whose applications for admission are rejected shall have the right to appeal
				the decision, first to the Administrator and second to the California Veterans
				Board upon an adverse decision by the Administrator as set forth in Section
				86
				of the Military and Veterans Code regarding appeals to the Veterans
				Board.
(b) Upon receipt of a notice
				of rejection from the Home, the veteran who wishes to contest the rejection
				shall submit the appeal in writing within ten days of the date of the notice to
				the Veterans Home Administrator. The veteran shall mail the appeal to the
				following address as appropriate:
DEPARTMENT OF VETERANS AFFAIRS
VETERANS HOME OF CALIFORNIA
YOUNTVILLE, CALIFORNIA 94599
ATTENTION: ADMINISTRATOR
DEPARTMENT OF VETERANS AFFAIRS
VETERANS HOME OF CALIFORNIA
EAST VETERANS PARKWAY
BARSTOW, CALIFORNIA 92311
ATTENTION: ADMINISTRATOR
(c) The appeal shall contain reasons for
				reconsideration, additional facts, and new information that may not have been
				considered on the initial review of the veteran's application.
(d) Within ten days of the receipt of the
				appeal the Administrator shall schedule a meeting with the veteran or the
				veteran's representative via a notice stating the time and place of the
				meeting. Within five days after the date of the meeting the Administrator shall
				render a decision in writing to the veteran.
1. Change
				  without regulatory effect renumbering former section
				  501.4 to new section
				  505.11, including amendment of
				  section heading, filed 9-27-2018 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2018, No. 39).
2. Editorial correction
				  restoring inadvertently omitted subsection (a) (Register 2018, No. 51).
Note: Authority cited: Sections
					 700
					 and
					 1044,
					 Military and Veterans Code. Reference: Sections
					 1010,
					 1011,
					 1012
					 and
					 1043,
					 Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 4 - Veterans' Home of California › Section 505.12 - Waiting Lists for Admission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Due to the
				limited number of beds available for male and female veterans, and for each
				level of care, waiting lists may be required. When waiting lists are in effect
				the Veterans Home shall select veterans for admission chronologically based on
				the date the application was received, by the level of care and category
				required. The following are the three main categories as defined in Section
				503:
(1) Residential (Domiciliary)
(2) Intermediate Care
(3) Couples: All couples shall initially be
				admitted to a double room and await apartment placement. There are no
				apartments for couples at the Veterans Home of California, Barstow. Only double
				rooms for couple housing are available at the Barstow facility.
(A) Priority for admission to the Veterans
				Home as a couple shall be based on the date that the couple's application is
				received by the Veterans Home Admissions Office.
(B) The date that a couple enters the Home
				shall establish their priority for being assigned to an apartment.
(C) If two single members of the Veterans
				Home marry after admission, the date of the wedding shall establish their
				position on the waiting list for assignment to an
				apartment.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 4 - Veterans' Home of California › Section 505.13 - Nonveteran Continued Residency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Definitions
(1) "Nonveteran spouse or domestic partner"
				has the same meaning as defined by Section
				505.2.
(2) "Related veteran member" means the
				eligible veteran member who is related to the nonveteran spouse or domestic
				partner through marriage or domestic partnership and who submitted a joint
				application for admission with the nonveteran spouse or domestic partner in
				accordance with Section
				505.2(f).
(3) "Discharge" means the termination of
				residency of a member from a Veterans Home.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 4 - Veterans' Home of California › Section 506 - Definitions. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 8-12-2003; operative 8-12-2003 pursuant to Government Code section
				  11343.4
				  (Register 2003, No. 33).
2. New subsections (e)-(e)(15) and
				  amendment of NOTE filed 6-4-2012; operative 7-4-2012 (Register 2012, No.
				  23).
3. Editorial correction of designator for subsection (e)(11)
				  (Register 2012, No. 24).
4. Change without regulatory effect
				  renumbering former section
				  506 to section
				  500 filed 9-27-2018 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 2018, No. 39).
Note: Authority cited: Sections
					 1012.3
					 and
					 1035.6(b),
					 Military and Veterans Code. Reference: Sections
					 1012.3,
					 1035,
					 1035.05
					 and
					 1035.6,
					 Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 4 - Veterans' Home of California › Section 507 - Calculation of the Cost of Care in Excess of the Member Fee. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 8-12-2003; operative 8-12-2003 pursuant to Government Code section
				  11343.4
				  (Register 2003, No. 33).
2. Change without regulatory effect
				  renumbering former section
				  507 to new section
				  510.9 filed 9-27-2018 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 2018, No. 39).
Note: Authority cited: Section
					 1035.6(b),
					 Military and Veterans Code. Reference: Sections
					 1035,
					 1035.05
					 and
					 1035.6,
					 Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 4 - Veterans' Home of California › Section 508 - Definition of Moneys and Other Personal Property. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 9-17-2009; operative 10-17-2009 (Register 2009, No. 38).
2.
				  Change without regulatory effect renumbering former section
				  508 to new section
				  510.10 filed 9-27-2018 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 2018, No. 39).
Note: Authority cited: Sections
					 1035
					 and
					 1035.05,
					 Military and Veterans Code. Reference: Sections
					 1035,
					 1035.05
					 and
					 1035.7,
					 Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 4 - Veterans' Home of California › Section 509 - End of Life Option Act. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 6-17-2016 as an emergency; operative 6-17-2016 (Register 2016, No. 25). A
				  Certificate of Compliance must be transmitted to OAL by 12-14-2016 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 6-17-2016 order transmitted
				  to OAL 11-22-2016 and filed 1-9-2017 (Register 2017, No. 2).
3.
				  Change without regulatory effect renumbering former section
				  509 to new section
				  520.2 filed 9-27-2018 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 2018, No. 39).
Note: Authority cited: Sections
					 1014
					 and
					 1044,
					 Military and Veterans Code. Reference: Sections
					 443,
					 443.1,
					 443.2,
					 443.3,
					 443.4,
					 443.5,
					 443.6,
					 443.7,
					 443.8,
					 443.9,
					 443.10,
					 443.11,
					 443.12,
					 443.13,
					 443.14,
					 443.15,
					 443.16,
					 443.17,
					 443.18,
					 443.19,
					 443.20,
					 443.21,
					 443.215
					 and
					 443.22,
					 Health and Safety Code; 42
					 U.S.C. §
												14402; and
					 38 C.F.R. §
												51.210.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 4 - Veterans' Home of California › Section 510.1 - Member Deposits and Payment of Fees and Charges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Veterans Home shall require all veterans (or their legal representatives),
				whose applications for admission are approved, to declare all sources and
				amounts of monthly income.
(b)
				Applicants may authorize the Veterans Home to accept their incomes for direct
				deposit to their individual trust accounts and to automatically withdraw
				monthly fees, charges, and aid and attendance payments as applicable from their
				accounts, by completing the necessary authorization documents.
1. Change
				  without regulatory effect renumbering former section
				  505 to new section
				  510.1, including amendment of
				  section heading, filed 9-27-2018 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2018, No. 39).
Note: Authority cited: Sections
					 700
					 and
					 1044,
					 Military and Veterans Code. Reference: Sections
					 1012,
					 and
					 1012.1-
					 1012.3,
					 Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 4 - Veterans' Home of California › Section 510.9 - Calculation of the Cost of Care in Excess of the Member Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The cost of care in excess of the member
				fee is the difference between the Member Account cost items which is the sum of
				Section 500(c)(1), (2) and
				(3) and the Member Account cost offset items
				which is the sum of Section
				500(d)(1), (2), (3) and
				(4), or zero if the total is less than
				zero.
Note: Authority cited: Section
					 1035.6,
					 Military and Veterans Code. Reference: Sections
					 1035,
					 1035.05
					 and
					 1035.6,
					 Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 4 - Veterans' Home of California › Section 510.10 - Definition of Moneys and Other Personal Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of California Military and Veterans Code
				  sections
				  1035
				  and
				  1035.05,
				  the term "moneys and other personal property" means all property, other than
				  real property, in which the veteran had any legal title or interest at the time
				  of death (to the extent of such interest), including assets conveyed to a
				  dependent, heir, survivor, assignee or beneficiary of the veteran through joint
				  tenancy, survivorship or contractual designations, including pay-on-death and
				  transfer-on-death accounts, annuities, living trusts, Totten and tentative
				  trust, and life insurance policies that name the veteran's estate as the
				  beneficiary or revert to the estate, and retirement accounts that name the
				  veteran's estate as the beneficiary or revert to the estate.
1. Change
				  without regulatory effect renumbering former section
				  508 to new section
				  510.10 filed 9-27-2018 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 2018, No. 39).
Note: Authority cited: Sections
					 1035
					 and
					 1035.05,
					 Military and Veterans Code. Reference: Sections
					 1035,
					 1035.05
					 and
					 1035.7,
					 Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 4 - Veterans' Home of California › Section 515 - Morale, Welfare, and Recreation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This
				regulation establishes policies, procedures, and responsibilities for the
				California Department of Veterans Affairs' Morale, Welfare, and Recreation
				Special Fund (MWR Fund), the Morale, Welfare, and Recreation Operating Funds
				(MWRO Funds), and the Morale, Welfare, and Recreation (MWR) programs for all
				Veterans Homes.
(1) The secretary shall have
				the overall responsibility for the operational and administrative management,
				oversight, and execution of the MWR Fund, and MWRO Funds, and the MWR
				Program.
(2) The Veterans Home's
				Administrator shall have the administrative and financial responsibilities for
				the management and operation of the MWRO Fund and MWR programs in the
				Administrator's Veterans Home.
(3)
				MWR programs are a collection of activities, celebrations, events, and
				engagements designed to promote the physical and mental well-being of the
				member communities in the Veterans Homes. The MWR programs are intended to
				enrich the quality of life of the members, through recreational, social, and
				spiritual enterprises that enhance the community life of the members.
(4) MWR programs shall reflect the interests
				of the Veterans Home's member community as a whole. These programs are intended
				to best meet the interests of the largest number of Veterans Home community
				members.
(5) MWR programs may also
				include minor alterations and minor improvements to physical structures and
				other Veterans Home enhancements that promote engagement and directly relate to
				the morale, welfare, and/or recreation among the Veterans Home's community
				members.
(6) The department shall
				periodically measure resident demand, usage, and satisfaction of MWR programs.
				These analyses shall be used by the department to determine whether current MWR
				programs should be continued, enhanced, discontinued, or whether new MWR
				programs should be established. The department shall act upon the findings from
				these analyses through adjustment, new initiatives, or termination of programs
				to ensure consistent quality.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 4 - Veterans' Home of California › Section 515.1 - Mwr-Roles and Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Secretary.
(1) Implements the program goals
				and objectives established by statute for the MWRO Funds, and the MWR
				program.
(2) Delegates, at his or
				her discretion, to the Deputy Secretary of Veterans Homes, the operational
				authority for the administration of the MWR Fund, the MWRO Funds, and the MWR
				Program.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 4 - Veterans' Home of California › Section 515.3 - Mwr-Annual Allocations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Annual
				Allocation Determination.
(1) The Headquarters
				Homes Division leadership shall annually determine the amount for disbursement
				from the MWR Fund to each of the MWRO Funds.
(2) The annual allocations shall be
				proportionately disbursed based on the Veterans Home's relative population
				census, as defined by the Headquarters Homes Division leadership's budgeted
				census for the Veterans Home in the subsequent fiscal year, in comparison to
				the total budgeted census population of the entire Veterans Home system. The
				Veterans Home's relative population census shall be expressed as a percentage
				of the total population of the Veterans Home system.
(3) To determine the annual allocation in
				subsequent fiscal years, the amount of the previous fiscal years' revenue in
				the MWR Fund shall be utilized. This total amount shall be multiplied by the
				Veterans Home's relative population census number to calculate the annual
				allocation amount for each Veterans Home for the subsequent fiscal
				year.
(4) "Locally-generated
				moneys" means the profits derived from the operation of a canteen, base
				exchange, and any other activities unique to each Veterans Home, after all
				appropriate state costs, fees, and rent are deducted from the revenue received
				for those operations.
(5) All
				locally-generated moneys shall be added to the MWRO Fund allocation for the use
				of the Veterans Home in the subsequent fiscal year.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 4 - Veterans' Home of California › Section 515.4 - Mwr-Augmentations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Augmentation Definition.
(1) An augmentation
				is defined as a supplemental allocation provided for a Veterans Home to fund an
				extraordinary expense from the MWR Fund in response to an unforeseen and
				unplanned circumstance as determined by the Secretary. Augmentations shall not
				replace the Veterans Home's annual allocation.
(2) Subject to approval by the Secretary,
				augmentations are intended to provide the Veterans Home with additional funding
				for a good or service tailored to the Veterans Home's MWR programs that is
				neither accounted for in the Veterans Home's budget, nor anticipated during the
				Veterans Home's budget preparation period.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 4 - Veterans' Home of California › Section 515.5 - Mwr-Uses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Approved
				Uses of MWR Program Moneys.
(1) The
				procurement of goods and services shall be determined by the Veterans Home with
				the input of the Veterans Homes' members, as measured by usage, resident
				satisfaction, sales, research, and the ability of the Veterans Home to maintain
				and sustain viable operations.
(2)
				In reviewing program efficacy, analyses shall determine whether current
				programs should be continued, enhanced, or discontinued, or whether new MWR
				programs should be established.
(3)
				The department shall prepare an annual review of the MWR programs to determine
				past and future usages and to justify continuing funding of the Veterans Home's
				programs.
(4) Requests shall
				benefit the Veterans Home member community, and are appropriate if they relate
				to an activity, celebration, or event, in which all members have an equal
				opportunity to participate.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 4 - Veterans' Home of California › Section 520.2 - End of Life Option Act

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				terminally ill members shall receive appropriate and necessary medical care,
				including counseling, hospice, and palliative care, as appropriate and
				desired.
(b) The Veterans Home
				shall not provide aid-in-dying drugs, as defined in California Health and
				Safety Code section
				443.1,
				subdivision (b). Employees, independent contractors, or other persons or
				entities, including health care providers, shall not participate in any
				activities under the End of Life Option Act, California Health and Safety Code
				sections
				443-
				443.22,
				while on the premises of the Veterans Home, or while acting within the course
				and scope of any employment by, or contract with, the Veterans Home.
(c) If a member intends to take an
				aid-in-dying drug to end his or her life, prior to receiving and taking the
				drug, the member shall discharge from the Veterans Home.
(d) The Veterans Home shall re-admit a member
				if the member discharges pursuant to this section, elects not to take the
				aid-in-dying drug, and elects to return to the Veterans Home.
1. Change
				  without regulatory effect renumbering former section
				  509 to new section
				  520.2 filed 9-27-2018 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 2018, No. 39).
Note: Authority cited: Sections
					 1014
					 and
					 1044,
					 Military and Veterans Code. Reference: Sections
					 443,
					 443.1,
					 443.2,
					 443.3,
					 443.4,
					 443.5,
					 443.6,
					 443.7,
					 443.8,
					 443.9,
					 443.10,
					 443.11,
					 443.12,
					 443.13,
					 443.14,
					 443.15,
					 443.16,
					 443.17,
					 443.18,
					 443.19,
					 443.20,
					 443.21,
					 443.215
					 and
					 443.22,
					 Health and Safety Code; 42
					 U.S.C. §
												14402; and
					 38 C.F.R. §
												51.210.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 5 - Conflict of Interest Code › Appendix B - Disclosure Categories

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Category 1
All interests in real property, as well as investments,
				  business positions in business entities, and sources of income, including loans
				  gifts and travel payments.
Category 2
Investments and business positions in business entities and
				  sources of income, including loans, gifts, and travel payments, derived from
				  any person or business entity the designated position knows or has reason to
				  know provides or plans to provide goods (supplies, materials, machinery, etc.)
				  or services of the type utilized by the Department.
Category 3
Investments and business positions in business entities and
				  sources of income, including loans, gifts, and travel payments, derived from
				  any of the following sources:
* Insurance companies, title companies, escrow companies,
				  real estate firms, mortgage loan companies, savings and loan associations, or
				  banks
* Real property
* That provide or plan to provide goods or services utilized
				  by the Department.
Category 4
Investments and business positions in business entities, and
				  sources of income, including loans, gifts, and travel payments, from any source
				  that provides services or supplies of the type used to construct cemeteries or
				  memorial sites (e.g., designers, masonry firms).
Category 5
Investments and business positions in any business entity or
				  income derived from any person or business entity the designated position knows
				  or has reason to know is contracts with or plans to contract with the
				  Department or Veterans Home of California for the lease, purchase, or sale of
				  real or personal property.
Category 6
Designated employees who receive, or whose spouses or
				  dependent child or children receive, educational assistance benefits provided
				  by the Department of Veterans Affairs shall report this information.
Category 7
Investments and business positions in business entities and
				  sources of income, including loans, gifts, and travel payments, derived from
				  any person or business entity the designated position knows or has reason to
				  know provides or plans to provide goods (supplies, materials, machinery, etc.)
				  or services of the type utilized by the designated position's Division.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 6 - California Veterans Board › Section 700 - Board Meetings; Quorum

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. That to
				constitute a quorum at a meeting of the California Veterans Board a minimum of
				four members shall be present. The Agency Secretary, or Acting Secretary, if
				present, shall be counted as a member of the quorum.
2. That to constitute a voting majority on
				any matter, a minimum of three "aye" votes shall be cast in favor of the
				measure, and the "aye" votes shall exceed the "nay" votes by a minimum of one
				vote.
1. New chapter
				  6 (section
				  700)
				  and section filed 3-1-99; operative 3-31-99 (Register 99, No. 10).
Note: Authority cited: Section
					 700, Military and Veterans Code.
					 Reference: Sections
					 61,
					 64
					 and
					 65,
					 Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 6 - California Veterans Board › Section 710 - California Veterans Board Meetings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) California
				Veterans Board Quorum, Agendas, and Meeting Procedures.
(1) Quorum. A quorum shall meet the
				requirements of
				12 CCR
				section 700.
(A) Committee meetings require a quorum of at
				least one committee member to be present to conduct a
				meeting.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 6 - California Veterans Board › Section 715 - Appeals to the Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
a) Appeals.
(1) Any Veteran may appeal a decision by any
				division within the California Department of Veterans Affairs (CalVet). The
				California Veterans Board (Board) must accept any Veteran's appeal related to
				the denial of a statutory benefit provided by CalVet and may, at their
				discretion, accept appeals in any other matter brought to the Board by an
				impacted Veteran. In determining whether to accept or deny any permissive
				appeals (i.e., appeals not directly related to statutory benefits), the board
				will weigh the proposed impact on the CalVet's operations, compliance with
				state and federal regulations, and the impact of the rights of the veteran
				affected.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 7 - Selection of Professional Service Firms › Section 800 - Selection of Professional Service Firms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The purpose
				of these regulations is to establish those procedures authorized and required
				by Chapter 10 (commencing with Section
				4525) of Division 5 of Title 1 of
				the Government Code.
(b) Selection
				by the Division for professional services of private architectural, landscape
				architectural, engineering, environmental, land surveying, or construction
				project management firms shall be on the basis of demonstrated competence and
				on the professional qualifications necessary for the satisfactory performance
				of the services required. Selection of the services of analytical laboratory,
				forestry, geological, geophysical, and other firms shall be on this same basis
				when the additional services qualify as environmental services or ancillary
				services logically or justifiably performed in connection with architectural,
				landscape architectural, engineering, environmental, land surveying, or
				construction project management services.
1. New chapter
				  7 (sections
				  800-809) and section filed
				  2-26-2009; operative 3-28-2009 (Register 2009, No. 9).
Note: Authority cited: Section
					 700,
					 Military and Veterans Code; and Section
					 4526,
					 Government Code. Reference: Sections
					 4525-
					 4529.5,
					 Government Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 7 - Selection of Professional Service Firms › Section 800.1 - Definitions, as Used in this Chapter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				"Architectural and engineering services" shall include architectural, landscape
				architectural, engineering, environmental, and land surveying services,
				construction project management, and environmental services as defined in
				Government Code section
				4525,
				subdivisions (d), (e), and (f).
(b)
				"Division" means the Administrative Services Division in the Department of
				Veterans Affairs.
(c) "Disabled
				Veteran Business Enterprise" or "DVBE" shall mean a business entity certified
				by the Director of General Services pursuant to Section
				1896.61, Title 2 of California
				Code of Regulations and Sections
				999.5 et seq. of the Military and
				Veterans Code.
(d) "Project" means
				a retainer project or specific project, as follows:
(1) "Retainer Project" means a project
				involving a general architectural and engineering services subject matter
				expert where targeted specific projects are unknown at the time of
				contracting.
(2) "Specific Project"
				means a project as defined in Public Contract Code section
				10105
				and reasonably related to architectural and engineering services involving a
				single subject matter at one or more sites known at the time of contracting and
				a readily identifiable targeted outcome known at the time of
				contracting.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 7 - Selection of Professional Service Firms › Section 801 - Establishment of Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Division shall establish criteria, on a case-by-case basis, which will comprise
				the basis for selection for each project. The criteria shall include, but is
				not limited to, such factors as professional excellence, demonstrated
				competence, specialized experience of the firm, education and experience of key
				personnel to be assigned, staff capability, workload, ability to meet
				schedules, nature and quality of completed work, reliability and continuity of
				the firm, location, and other considerations deemed relevant. Such factors
				shall be weighted by the Division according to the nature of the project, the
				needs of the State, and complexity and special requirements of the specific
				project.
(b) In no event shall the
				criteria include practices which might result in unlawful activity including,
				but not limited to, rebates, kickbacks, or other unlawful consideration.
				Department personnel with a relationship to a person or business entity seeking
				a contract under this section are prohibited from participating in the
				selection process if they would be subject to the prohibition of Government
				Code Section
				87100.
1. New section
				  filed 2-26-2009; operative 3-28-2009 (Register 2009, No. 9).
Note: Authority cited: Section
					 4526,
					 Government Code; and Section
					 700,
					 Military and Veterans Code. Reference: Sections
					 4526,
					 4527 and
					 87100,
					 Government Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 7 - Selection of Professional Service Firms › Section 802 - Estimate of Value of Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Division may prepare an estimate of the value of required
				  services before entering into any discussion with any firm concerning fees.
				  This estimate shall serve as a guide in determining fair and reasonable
				  compensation for the services rendered. Such estimate shall be, and will
				  remain, confidential until award of contract or abandonment of any further
				  procedure for the services to which it relates. No award shall be made which
				  would exceed the estimate by 10%. At any time the Division determines the
				  estimates to be unrealistic because of rising costs, special conditions, or for
				  other relevant considerations, the estimate may be reevaluated and modified if
				  necessary.
1. New section
				  filed 2-26-2009; operative 3-28-2009 (Register 2009, No. 9).
Note: Authority cited: Section
					 4526,
					 Government Code; and Section
					 700,
					 Military and Veterans Code. Reference: Sections
					 4526 and
					 4528,
					 Government Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 7 - Selection of Professional Service Firms › Section 803 - Request for Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Division may solicit and enter into specific project contracts to accomplish
				each specific project and/or solicit and enter into retainer project contracts
				to accomplish retainer projects. Unless a specific project is to be
				accomplished by amendment to an existing retainer contract, the Division shall
				make a statewide announcement of each specific project through publication of
				the project announcement in respective professional societies utilizing one or
				more of the following options:
(1) in a
				construction journal or other appropriate publications;
(2) through electronic communications media
				which support bulletin boards or Internet web sites that have demonstrated
				statewide accessibility and are regularly maintained at established addresses
				by professional organizations which are representative of the services to be
				procured. The Division shall solicit each retainer project contract by the same
				method.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 7 - Selection of Professional Service Firms › Section 804 - Selection of Firm

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After expiration of the period stated in the publications,
				  the Division shall evaluate statements of qualifications and performance data
				  submitted to the Division. The Division shall conduct discussions with no less
				  than three firms regarding anticipated concepts and the relative utility of
				  alternative methods of approach for furnishing the required service. From the
				  firms with which discussions are held, the Division shall select no less than
				  three, in order of preference, based upon the established criteria, who are
				  deemed to be the most highly qualified to provide the services required. If
				  three qualified firms that could provide the required service cannot be found,
				  a full explanation including names and addresses of firms and individuals
				  requested to submit qualifications must be entered in the Division's
				  files.
1. New section
				  filed 2-26-2009; operative 3-28-2009 (Register 2009, No. 9).
2.
				  Repealer and new section and amendment of NOTE filed 12-2-2015; operative
				  4-1-2016 (Register 2015, No. 49).
Note: Authority cited: Sections
					 4525 and
					 4526,
					 Government Code; and Section
					 700,
					 Military and Veterans Code. Reference: Sections
					 4526,
					 4527 and
					 4529.12,
					 Government Code; and Article XXII, California Constitution, Sections
					 1-2.