California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 12 - Administrative Review, Mediation, Fair Hearing and Discrimination Complaint Procedures › Article 1 - General Provisions and Administrative Reviews › Section 7350 - Definitions and Terms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
				  purposes of this Chapter the following definitions shall apply:
(1) "Appellant" means an applicant or client,
				  former client, or student with a disability, of the Vocational Rehabilitation or
				  Independent Living Services programs who has filed an oral or written request for an
				  administrative review or a written request for a fair hearing.
(2) "Administrative Review Officer" means a
				  District Administrator who conducts the administrative review.
(3) "Authorized Representative" means the parent
				  of an unemancipated minor or permanent guardian or any person or entity who has been
				  designated by the appellant to act on his/her behalf.
(4) "Administrative Review" means an informal
				  process through which either of the following occur:
(A) The appellant and/or the appellant's
				  authorized representative seek remedy for dissatisfaction with Departmental
				  action.
(B) The complainant and/or the
				  complainant's authorized representative seek remedy for a complaint of
				  discrimination against employees of the Department.
(5) "Complainant" means an applicant, client,
				  former client, or student with a disability who has filed an oral or written
				  discrimination complaint for an administrative review or a formal written request
				  for a discrimination investigation/resolution.
(6) "Equal Employment Opportunity Counselor" means
				  an employee of the Department who has had specialized training in the counseling and
				  resolution of discrimination complaints.
(7) "Equal Employment Opportunity Investigator"
				  means an employee of the Department who has had specialized training in conducting
				  impartial, formal investigations of discrimination complaints.
(8) "Good Cause" means any of the following:
(A) Death in the immediate family.
(B) Personal illness or injury to the appellant or
				  authorized representative.
(C) Sudden
				  and unexpected emergencies including, but not limited to traffic accidents on the
				  day of the hearing and illness or injury of a household or family member who
				  requires immediate care.
(9)
				  "Impartial hearing officer" means an individual who is qualified under 34 Code of
				  Federal Regulations part 361.5(c)(24) to conduct a fair hearing.
(10) "Mediation Coordinator" means the independent
				  organization the Department contracts with to schedule and conduct mediation of
				  disputes between individuals and the Department that affect the provision of
				  vocational rehabilitation services.
(11)
				  "Qualified Impartial Mediator" means an individual who:
(A) is not an employee of a public agency (other
				  than an administrative law judge, hearing examiner, or employee of an institution of
				  higher education);
(B) is not a member
				  of the State Rehabilitation Council;
(C)
				  has not been involved previously in the vocational rehabilitation of the applicant
				  or eligible individual;
(D) is
				  knowledgeable of the vocational rehabilitation program and the applicable federal
				  and state laws, regulations and policies governing the provision of vocational
				  rehabilitation services;
(E) has been
				  trained in effective mediation techniques; and
(F) has no personal, professional, or financial
				  interest that would be in conflict with the objectivity of the individual during the
				  mediation proceedings.