reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 11 - Department of Community Services and Development › Chapter 2 - Low-Income Home Energy Assistance Program Regulations › Section 100820 - Designation of a New or Alternate Contractor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In the event a contractor files for bankruptcy
				or in some other manner ceases operations or has its grant terminated in accordance
				with Section 100875 of this Chapter, DEO shall
				select a new contractor based on 42 United States Code, Section 8624. In
				all instances where a new contractor is identified, DEO shall, prior to selecting
				said contractor, determine that the agency involved meets program and fiscal
				requirements.
(b) The following
				procedure shall be used for selecting a successor:
(1) DEO shall seek out a private nonprofit or
				public agency which is located and currently providing services to the general
				low-income population in the subject area. The agency shall be given the opportunity
				to fill the vacancy. Should there be more than one such entity interested in
				serving, special consideration shall be given in accordance with
				42 U.S.C., Section
				8624(b)(6) as follows:
(A) A local public or private nonprofit agency
				which was receiving Federal funds under any low-income energy assistance program or
				weatherization program under the Economic Opportunity Act of 1964 or any other
				provision of law on August 12, 1981.
(B)
				Any successor public or private nonprofit agency which is operated in substantially
				the same manner and for substantially the same purpose as the predecessor agency as
				described in subsection (b)(1)(A) above.
California Code of Regulations › Title 22 - Social Security › Division 11 - Department of Community Services and Development › Chapter 2 - Low-Income Home Energy Assistance Program Regulations › Section 100825 - Financial Statements and Audits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Single
				agency-wide audits shall be conducted in accordance with Office of Management and
				Budget (OMB) Circular A-128 or OMB Circular A-133, which are hereby incorporated by
				reference, as specified in (a)(1), (a)(2) and (a)(3) of this section along with
				other applicable Federal laws or regulations which may be adopted.
(1) OMB Circular A-128 shall be used when the
				contractor is a state or local government or an Indian tribe as defined in the
				Circular.
(2) OMB Circular A-133 shall
				be used when the contractor is a nonprofit agency or an institution of higher
				education as defined in the Circular.
(3) Should a question arise regarding an entity's
				status as either a public or private nonprofit, the Department shall request and
				accept a decision from the State Controller's Office as to which OMB Circular should
				be used.
California Code of Regulations › Title 22 - Social Security › Division 11 - Department of Community Services and Development › Chapter 2 - Low-Income Home Energy Assistance Program Regulations › Section 100830 - Funding Formula

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Weatherization Services. The State shall designate service areas and provide funds
				to contractors for weatherization services based on the following factors:
(1) A service area shall contain no less than
				fifty thousand (50,000) people as established by the latest available United States
				Census, but in no case shall a currently established service area be reduced in size
				nor an agency presently funded under this Chapter which does not meet the criteria
				of this subsection be declared ineligible.
(2) A minimum funding level for each service area
				shall be no less than $65,000 except in the event of a federal grant reduction which
				exceeds twenty (20) percent of the prior year federal allocation. Should a federal
				grant reduction exceed twenty (20) percent of the prior year federal allocation, the
				minimum funding level shall be reduced.
(3) Funds may be targeted and made available to
				provide weatherization services to special population groups as needs are
				identified.
(4) The remaining funds
				shall be distributed by service area utilizing a formula which includes, at a
				minimum, the following:
(A) Low-income
				population;
(B) Energy costs;
				and
(C) Heating and cooling degree
				days.
California Code of Regulations › Title 22 - Social Security › Division 11 - Department of Community Services and Development › Chapter 2 - Low-Income Home Energy Assistance Program Regulations › Section 100835 - Contract Development Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any contract
				that is being considered for a new program year shall be subject to review and
				comment.
(b) A notice of proposed
				changes to the provisions of the contract language shall be provided to the DEO
				Advisory Commission and all contractors for review and comment.
(c) Interested parties shall have no less than
				thirty (30) calendar days from the notice of proposed change to present written
				comments to the Department or oral comments at a scheduled DEO Advisory Commission
				meeting.
(d) The Department shall review
				and consider all written and public comments when finalizing the actual contract
				language.
(e) Any amendment other than
				those identified below shall be subject to the same processes identified in (b) and
				(c) of this section. The following types of amendments, or combination of
				amendments, shall not be subject to review and comment:
(1) Extension of term only.
(2) Funding increase.
(3) Amendments required as a result of a State or
				Federal law or regulation.
California Code of Regulations › Title 22 - Social Security › Division 11 - Department of Community Services and Development › Chapter 2 - Low-Income Home Energy Assistance Program Regulations › Section 100840 - Payment Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) DEO shall
				issue an advance payment, if requested in writing, to a contractor in an amount not
				to exceed twenty-five (25) percent of the contractor's total award for each
				component contained in the contract.
(b)
				In the event a contract award is amended to increase the total dollar amount, a
				subsequent advance payment not to exceed twenty-five (25) percent of the increased
				amount may be authorized by DEO, if a contractor requests an advance payment in
				writing. The need for an additional advance payment shall be based upon an analysis
				of contractor's documented cash flow requirements as recorded on monthly
				reports.
(c) A contractor shall submit a
				monthly invoice to DEO based on a fixed fee or an actual cost/earned reimbursement
				basis, as specified in the contract, for LIHEAP weatherization services performed.
(1) Payment under a fixed fee contract shall be
				equivalent to the value of allowable activities performed at the rate stated in the
				contract. Any excess income generated as a result of actual costs being less than
				the fixed rate shall be used by the contractor for any valid low-income energy
				assistance/weatherization activity, in accordance with LIHEAP statutory and
				regulatory limits on expenditures. The allowable period for expenditure of the
				excess income shall be the same as that for expenditure of program income.
(2) Payment under an actual cost/earned
				reimbursement contract shall be equivalent to contractor's actual allowable
				expenditures provided that, no later than the termination date of the contract, this
				amount does not exceed the value of allowable activities performed as stated in the
				contract.
California Code of Regulations › Title 22 - Social Security › Division 11 - Department of Community Services and Development › Chapter 2 - Low-Income Home Energy Assistance Program Regulations › Section 100845 - Political Activities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				contractor shall refrain from all political activities if the activities involve the
				use of any funds which are the subject of this Chapter or any other funds, programs,
				projects, or activities which originate from this Chapter.
(b) A contractor shall be prohibited from any
				activity which is designed to provide voters or prospective voters with
				transportation to the polls or to provide similar assistance in connection with an
				election if such activities involve the use of any funds which are subject to this
				Chapter.
(c) A contractor shall refrain
				from all lobbying activities if such activities involve the use of any funds which
				are the subject of this Chapter or any other funds, programs, projects, or
				activities which originate from this Chapter.
1. New section
				  filed 5-8-92; operative 6-8-92 (Register 92, No. 20).
Note: Authority cited: Section
					 16367.6(b),
					 Government Code. Reference: Section
					 16367.6(b),
					 Government Code.
California Code of Regulations › Title 22 - Social Security › Division 11 - Department of Community Services and Development › Chapter 2 - Low-Income Home Energy Assistance Program Regulations › Section 100850 - Procurement Standards and Property Management

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A contractor shall comply with the procurement
				and property management standards set forth in the Common Rule, sections .30 through
				.37, Changes, Property, and Subawards, as published in Volume 53, Number 48, Federal
				Register, March 11, 1988, which is hereby incorporated by reference and other
				applicable Federal laws or regulations which may augment or supersede these
				standards.
(b) LIHEAP funds shall not be
				used for the purchase or improvement of land, construction, or permanent improvement
				of any building or other facility other than weatherization or energy- related minor
				home repairs for low-income households.
1. New section
				  filed 5-8-92; operative 6-8-92 (Register 92, No. 20).
Note: Authority cited: Section
					 16367.6(b),
					 Government Code. Reference: Section
					 16367.6(b),
					 Government Code.
California Code of Regulations › Title 22 - Social Security › Division 11 - Department of Community Services and Development › Chapter 2 - Low-Income Home Energy Assistance Program Regulations › Section 100855 - Program and Interest Income

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All interest
				earned on deposited LIHEAP funds shall be treated as program income in accordance
				with the Intergovernmental Cooperation Act (31 U.S.C. 6501, et seq.).
(b) A contractor shall comply with the
				requirements and standards set forth in the Common Rule, Section .25, Program
				Income, as published in Volume 53, Number 48, Federal Register, March 11, 1988,
				which is hereby incorporated by reference and other applicable Federal laws or
				regulations which may be adopted.
(c)
				Program income is defined as gross income received by a contractor directly
				generated or earned as a result of grant activities during the term of the contract.
				If costs are incurred in generating program income, these costs may be deducted from
				the gross program income to identify reportable net program income.
(d) Program income shall be used in one of the
				following ways:
(1) Added to grant funds awarded by
				DEO to further program objectives;
(2)
				Used to finance the non-Federal share of cost sharing or matching requirements of
				other Federal programs, when approved by DEO; or
(3) Deducted from the total project costs in
				determining the total allowable expenditures.
California Code of Regulations › Title 22 - Social Security › Division 11 - Department of Community Services and Development › Chapter 2 - Low-Income Home Energy Assistance Program Regulations › Section 100860 - Public Access to Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person who wishes to inspect or copy records regularly
				  maintained by a contractor may do so upon written request. Information and records
				  shall be made available to the requestor in accordance with the Public Records Act
				  (Government Code Section
				  6250, et seq.)
				  except for information and records which are exempt from the requirements of
				  disclosure pursuant to the Information Practices Act of 1977 (Civil Code, Section
				  1798, et
				  seq.).
1. New section
				  filed 5-8-92; operative 6-8-92 (Register 92, No. 20).
Note: Authority cited: Section
					 16367.6(b),
					 Government Code. Reference: Section
					 16367.6(b),
					 Government Code.
California Code of Regulations › Title 22 - Social Security › Division 11 - Department of Community Services and Development › Chapter 2 - Low-Income Home Energy Assistance Program Regulations › Section 100865 - Recapture and Redistribution of Unexpended Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Contract time extensions shall be approved
				when DEO determines that extenuating circumstances occurred beyond the control of
				the contractor. A contractor shall request the time extension in writing and provide
				justification for the request.
(b) In
				the event there are unexpended funds after determinations have been made regarding
				extensions, DEO shall offer recaptured funds to private nonprofit or public entities
				which are currently providing services and have met the goals and objectives as
				established in the existing contract. When distributing these funds, the Department
				shall give special consideration to the needs of the low-income
				population.
1. New section
				  filed 5-8-92; operative 6-8-92 (Register 92, No. 20).
Note: Authority cited: Section
					 16367.6(b),
					 Government Code. Reference: Section
					 16367.6(b),
					 Government Code.
California Code of Regulations › Title 22 - Social Security › Division 11 - Department of Community Services and Development › Chapter 2 - Low-Income Home Energy Assistance Program Regulations › Section 100870 - Record Keeping

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A contractor
				shall comply with the record keeping standards set forth in the Common Rule, section
				.42, Retention and access requirements for records, as published in Volume 53,
				Number 48, Federal Register, March 11, 1988, which is hereby incorporated by
				reference, and other applicable Federal laws or regulations which may augment or
				supersede these standards.
(b) A
				contractor shall maintain all records required under LIHEAP for a minimum period of
				three (3) years following the submission of the final expenditure report. However,
				all records shall be maintained until resolution of all audit findings is
				completed.
(c) A contractor shall make
				all books, documents, papers and records relative to LIHEAP available to the State
				or any of its duly-authorized representatives, for examination or reproduction, upon
				a request thereof. The State shall pay contractor actual costs for any reproduction
				requested.
(d) Records shall be
				maintained in a confidential manner to assure compliance with the Information
				Practices Act of 1977 (Civil Code, Section
				1798, et
				seq.).
1. New section
				  filed 5-8-92; operative 6-8-92 (Register 92, No. 20).
Note: Authority cited: Section
					 16367.6(b),
					 Government Code. Reference: Section
					 16367.6(b),
					 Government Code.
California Code of Regulations › Title 22 - Social Security › Division 11 - Department of Community Services and Development › Chapter 2 - Low-Income Home Energy Assistance Program Regulations › Section 100875 - Suspension and Termination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) High
				Risk.
The Department may designate a contractor as a high risk agency
				  and impose special conditions/restrictions on the agency's contract(s) if it is
				  determined that one or more of the following conditions exists:
(1) The contractor has a history of unsatisfactory
				performance (noncompliance with contractual terms);
(2) The contractor is not financially
				stable;
(3) The contractor's management
				system does not meet the management standards set forth in regulatory standards for
				the administration of federally funded grants;
(4) The contractor has not conformed with terms
				and/or conditions of previous award(s); or
(5) The contractor is otherwise not
				responsible.
California Code of Regulations › Title 22 - Social Security › Division 11 - Department of Community Services and Development › Chapter 3 - Applicant Verification Regulations › Section 100900 - Verification for Public Benefits for Noncitizens Under the Low-Income Home Energy Assistance Program and the Department of Energy Low-Income Weatherization Assistance Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				verification requirements contained herein shall be applied without regard to the
				race, creed, color, gender, religion, or national origin of the individual applying
				for the public benefit.
(b) The
				provisions of this section shall apply only to the following federally-funded grant
				programs administered by the Department:
(1) The
				following components of the Low-Income Home Energy Assistance Program (LIHEAP):
				Specifically (a) the Home Energy Assistance Program (HEAP) component; (b) the Energy
				Crisis Intervention Program (ECIP) component; and (c) Weatherizing single-family
				dwellings (not multi-family dwellings) within the Weatherization
				component.
(2) Weatherizing
				single-family dwellings (not multi-family dwellings) under the Department of Energy
				Low-Income Weatherization Assistance Program (DOE-LIWAP).
California Code of Regulations › Title 22 - Social Security › Division 11 - Department of Community Services and Development › Chapter 3 - Applicant Verification Regulations › Section 100902 - Eligibility for Federal Public Benefits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To be eligible to receive federal public benefits under the
				  Department's programs:
(a) The applicant
				must declare himself or herself to be a citizen or national of the United States or
				a qualified alien under 8 U.S.C.
				§
										1641(b) or (c).
(b) The applicant shall declare that status
				through use of the "Statement of Citizenship or Noncitizen Status for Public
				Benefits," CSD Form 600, Revised 6/01.
(c) The applicant must present documents of a type
				set forth in List A of CSD Form 600, Revised 6/01, in the case of an applicant who
				is a citizen or national or List B of CSD Form 600 in the case of an applicant who
				is a noncitizen, that serves as reasonable evidence of the applicant's declared
				status at the time of application. A fee receipt from the INS for replacement of a
				lost, stolen, or unreadable INS document is reasonable evidence of the noncitizen
				applicant's declared status.
(d) The
				applicant must complete and sign CSD Form 600, Revised 6/01.
(e) Where the documents presented appear to be
				questionable or do not appear to relate to the individual presenting them, the
				government entity that originally issued the documents shall be contacted for
				verification. With regard to naturalized citizens and derivative citizens presenting
				certificates of citizenship and noncitizens, the INS is the appropriate government
				entity to contact for verification. Contractors of the Department of Community
				Services and Development shall request verification from the INS by filing INS Form
				G-845 with copies of the pertinent documents provided by the applicant with the
				local INS office. If the applicant has lost his or her original documents or
				presents expired documents or is unable to present any documentation evidencing his
				or her immigration status, the applicant shall be referred to the local INS office
				to obtain documentation.
(1) Inquiries regarding
				battered noncitizen petitions should be directed to the Vermont Service Center at
				(802) 527-3160.
(2) Inquiries regarding
				applications for suspension of deportation and cancellation of removal statuses
				should be directed to the Executive Office for Immigration Review
				(EOIR).
California Code of Regulations › Title 22 - Social Security › Division 11 - Department of Community Services and Development › Chapter 3 - Applicant Verification Regulations › Section 100903 - Self-Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Self-certification is allowed only under the LIHEAP Energy Crisis
				  Intervention Program (ECIP) component pursuant to section
				  2604(c)(1) and (2) of
				  the LIHEAP, P.L.
				  97-35, as amended, which requires that assistance in
				  the form of a payment guarantee be provided not later than forty-eight (48) hours
				  after a household applies for ECIP, and not later than eighteen (18) hours if the
				  household is in a life-threatening situation.
(a) An applicant may self-certify that he/she is a
				U.S. citizen or non-citizen national or a qualified alien by signing, under penalty
				of perjury, CSD Form 600, if he/she is not able to provide documentation.
(b) Applicant must provide proof of citizenship or
				noncitizen status to provider within thirty (30) days.
(c) If documentation is not received within 30
				days, the applicant must be notified in writing that he/she is ineligible to receive
				future benefits until the proof is received.
1. New section
				  filed 6-14-2001 as an emergency; operative 6-14-2001 (Register 2001, No. 24). A
				  Certificate of Compliance must be transmitted to OAL by 10-12-2001 or emergency
				  language will be repealed by operation of law on the following day.
2.
				  Certificate of Compliance as to 6-14-2001 order transmitted to OAL 9-20-2001 and
				  filed 11-2-2001 (Register 2001, No. 44).
Note: Authorities cited: Sections
					 12781(d)
					 and
					 16367.5,
					 Government Code. Reference: P.L.
					 97-35 Section
					 2604(c)(1) and (2);
					 Section 1642,
					 8 U.S.C.; and 63 FR 41662, 41663
					 Section 104.2 and
					 41666 Section
					 104.6.
California Code of Regulations › Title 22 - Social Security › Division 11 - Department of Community Services and Development › Chapter 3 - Applicant Verification Regulations › Section 100904 - Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to
				8 U.S.C. §
										1642(d), a nonprofit charitable
				organization that provides federal, state, or local public benefits shall not be
				required to determine, verify, or otherwise require proof of eligibility of any
				applicant or beneficiary with respect to his or her immigration status.
(b) Nothing in this section shall be construed to
				withdraw eligibility for the services under the applicable programs subject to these
				regulations under 8 U.S.C. §
										1611(b) for short-term, non-cash,
				in-kind emergency disaster relief.
1. New section
				  filed 6-14-2001 as an emergency; operative 6-14-2001 (Register 2001, No. 24). A
				  Certificate of Compliance must be transmitted to OAL by 10-12-2001 or emergency
				  language will be repealed by operation of law on the following day.
2.
				  Certificate of Compliance as to 6-14-2001 order transmitted to OAL 9-20-2001 and
				  filed 11-2-2001 (Register 2001, No. 44).
Note: Authorities cited: Sections
					 12781(d)
					 and
					 16367.5,
					 Government Code. Reference: Sections
					 1611(b) and
					 1642(d),
					 8 U.S.C.; and 63 FR 41662 and
					 41664.
California Code of Regulations › Title 22 - Social Security › Division 11 - Department of Community Services and Development › Chapter 3 - Applicant Verification Regulations › Section 100904.5 - Fair Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any applicant who is determined to be ineligible or who was made
				  eligible for services under the Low-Income Home Energy Assistance Program, and/or
				  the Department of Energy Low-Income Weatherization Assistance Program whose services
				  are denied, terminated, suspended, or reduced is entitled to a hearing, pursuant to
				  section 100805 of the Low-Income Home Energy
				  Assistance Program regulations, Chapter 2, Division 11, Title 22; or the Department
				  of Energy Low-Income Weatherization Assistance Program contract provisions.
1. New section
				  filed 6-14-2001 as an emergency; operative 6-14-2001 (Register 2001, No. 24). A
				  Certificate of Compliance must be transmitted to OAL by 10-12-2001 or emergency
				  language will be repealed by operation of law on the following day.
2.
				  Certificate of Compliance as to 6-14-2001 order transmitted to OAL 9-20-2001 and
				  filed 11-2-2001 (Register 2001, No. 44).
Note: Authorities cited: Sections
					 12781(d)
					 and
					 16367.5,
					 Government Code. Reference: Section
					 100805, Title 22, Div. 11; and 63 FR
					 41678.
California Code of Regulations › Title 22 - Social Security › Division 11 - Department of Community Services and Development › Chapter 4 - Naturalization Services Regulations › Section 100905 - Matching Funds Requirement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In order to be eligible for funding under the Naturalization
				  Services Program, citizenship assistance providers shall provide a 25 percent match,
				  either through public or private funds or in-kind contributions, unless the Director
				  of the Department of Community Services and Development waives the matching
				  requirement based on the financial ability of the provider to meet the matching
				  requirement. All contributions, including cash and third party in-kind, shall be
				  accepted as part of the citizenship assistance provider's matching funds requirement
				  when such contributions meet all of the following criteria:
(a) They are verifiable from the provider's
				records.
(b) They are not included as
				contributions for any other project or program.
(c) They are necessary and reasonable for proper
				and efficient accomplishment of project or program objectives.
(d) They are allowable under the applicable cost
				principles.
(e) They are authorized or
				not prohibited under federal, state, or local government laws or
				regulations.
1. New chapter 4
				  (sections 100905-100915) and section filed
				  1-25-99 as an emergency; operative 1-25-99 (Register 99, No. 5). A Certificate of
				  Compliance must be transmitted to OAL by 5-25-99 or emergency language will be
				  repealed by operation of law on the following day.
2. Certificate of
				  Compliance as to 1-25-99 order transmitted to OAL 5-20-99 and filed 7-1-99 (Register
				  99, No. 27).
Note: Authority cited: Item 4700-101-0001 2(h), Chapter 324,
					 Statutes of 1998. Reference: Item 4700-101-0001 2(d)(1), Chapter 324, Statutes of
					 1998.
California Code of Regulations › Title 22 - Social Security › Division 11 - Department of Community Services and Development › Chapter 4 - Naturalization Services Regulations › Section 100910 - Criteria for Waiver of Matching Funds Requirement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The conditions under which the Director of the Department of
				  Community Services and Development may waive the requirement for matching funds
				  are:
(a) A private, not-for-profit
				organization has submitted to CSD a certification from an independent certified
				public accountant or an independent State-licensed public accountant that it has
				insufficient or no other allowable funds or in-kind contributions; or
(b) A public agency has submitted to CSD a
				certification from the financial officer responsible for providing the agency with
				required financial services that it has insufficient or no other allowable funds or
				in-kind contributions; or
(c) A private,
				not-for-profit organization has submitted to CSD a certification from its board of
				directors that it has insufficient or no other allowable funds or in-kind
				contributions; or
(d) A public agency
				has submitted to CSD a certification from its governing authority that it has
				insufficient or no other allowable funds or in-kind contributions.
1. New section
				  filed 1-25-99 as an emergency; operative 1-25-99 (Register 99, No. 5). A Certificate
				  of Compliance must be transmitted to OAL by 5-25-99 or emergency language will be
				  repealed by operation of law on the following day.
2. Certificate of
				  Compliance as to 1-25-99 order transmitted to OAL 5-20-99 and filed 7-1-99 (Register
				  99, No. 27).
Note: Authority cited: Item 4700-101-0001 2(h), Chapter 324,
					 Statutes of 1998. Reference: Item 4700-101-0001 2(d)(1), Chapter 324, Statutes of
					 1998.
California Code of Regulations › Title 22 - Social Security › Division 11 - Department of Community Services and Development › Chapter 4 - Naturalization Services Regulations › Section 100915 - Sunset of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Regulations in Chapter 4. shall sunset on December 31, 2001,
				  unless otherwise amended.
1. New section
				  filed 1-25-99 as an emergency; operative 1-25-99 (Register 99, No. 5). A Certificate
				  of Compliance must be transmitted to OAL by 5-25-99 or emergency language will be
				  repealed by operation of law on the following day.
2. Change without
				  regulatory effect amending section filed 1-28-99 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 5).
3. Certificate of Compliance as to
				  1-25-99 order transmitted to OAL 5-20-99 and filed 7-1-99 (Register 99, No.
				  27).
Note: Authority cited: Item 4700-101-0001 2(h), Chapter 324,
					 Statutes of 1998. Reference: Item 4700-101-0001 2(d)(1), Chapter 324, Statutes of
					 1998.
California Code of Regulations › Title 22 - Social Security › Division 11 - Department of Community Services and Development › Chapter 5 - Department of Community Services and Development-Conflict of Interest Code

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
NOTE:
It having been found, pursuant to Government Code
				Section
				11344, that the
				printing of the regulations constituting the Conflict of Interest Code is
				impractical and these regulations being of limited and particular application are
				not published in full in the California Code of Regulations. The regulations are
				available to the public for review or purchase at cost at the following
				locations:
DEPARTMENT OF COMMUNITY SERVICES AND DEVELOPMENT
700 NORTH 10TH STREET, ROOM 258
SACRAMENTO, CA 95814
FAIR POLITICAL PRACTICES COMMISSION
428 "J" STREET, SUITE 800
SACRAMENTO, CA 95814
ARCHIVES SECRETARY OF STATE
1020 "O" STREET
SACRAMENTO, CA 95814
The Conflict of Interest Code is designated as Chapter 5, Division
				11 of Title 22 of the California Code of Regulations, and consists of sections
				numbered and titled as follows:
Chapter 5. Department of Community Services and
				Development--Conflict of Interest Code
Section
101115.
General Provisions
Appendix
1. New chapter 2
				(section 101115 and Appendix) filed 10-16-86,
				operative 11-15-86. Approved by Fair Political Practices Commission 9-9-86 (Register
				86, No. 43).
2. Amendment of chapter number filed 7-1-91; operative
				8-5-91. Approved by Fair Political Practices Commission 7-1-91 (Register 91, No.
				43).
3. Amendment filed 2-16-94; operative 3-18-94. Submitted to OAL for
				printing only. Approved by Fair Political Practices Commission 9-7-93 (Register 94,
				No. 7).
4. Amendment of chapter heading, section and appendix filed
				5-18-98; operative 6-17-98. Approved by Fair Political Practices Commission 3-12-98
				(Register 98, No. 21).
5. Change without regulatory effect relocating
				chapter 3 heading to new placement preceding section
				100900 and renumbering former chapter 3
				to chapter 5, including corresponding amendments in text, filed 1-28-99 pursuant to
				section 100, title 1, California Code of
				Regulations (Register 99, No. 5).
6. Amendment of section and Appendix
				filed 1-3-2007; operative 2-2-2007. Approved by Fair Political Practices Commission
				10-27-2006 (Register 2007, No. 1).
7. Amendment of Appendix filed
				1-15-2009; operative 2-14-2009. Approved by Fair Political Practices Commission
				9-11-2008 (Register 2009, No. 3).
Note: Authority cited: Sections
				  87300 and
				  87304,
				  Government Code. Reference: Section
				  87300, et seq., Government Code.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 1 - General Requirements and Definitions › Section 101151 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The general
				  regulations in this chapter shall apply to all child care centers regulated by
				  Division 12, except where specifically exempted. Additional or special requirements
				  found in the corresponding subchapters pertaining to each category shall apply only
				  to such individual child care center categories.
(b) The licensee shall ensure compliance with all
				  applicable laws and regulations.
1. Editorial
					 correction readopting Division 6, Chapter 1 (Articles 1-7, Sections
					 80000-80088, not consecutive) as new
					 Division 12, Chapter 1 (Articles 1-7, Sections
					 101151-101239, not consecutive), filed
					 7-1-85; designated effective 7-1-85 (Register 85, No. 27).
2. Change
					 without regulatory effect (Register 86, No. 29).
3. Amendment of chapter
					 1 heading and amendment of subsection (a) filed 9-14-98; operative 11-1-98 (Register
					 98, No. 38).
Note: Authority cited: Section
						1596.81,
						Health and Safety Code. Reference: Sections
						1596.72,
						1596.73
						and
						1596.81,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 1 - General Requirements and Definitions › Section 101152 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following general definitions shall apply wherever the terms
					 are used throughout Division 12, Chapter 1, except where specifically noted
					 otherwise. Any additional definitions found at the beginning of any subchapter in
					 this chapter shall apply only to such specific child care center category.
(a)
(1)
				  "Administrator" means the licensee, or the adult designated by the licensee to act
				  in his/her behalf in the overall management of the facility.
(2) "Adult" means a person who is 18 years of age
				  or older.
(3) "Age Component" means the
				  ages of children served by a single license child care center, and may include
				  infant, toddler, preschool, school age, or mildly ill components.
(4) "Applicant" means any adult, general
				  partner(s) of a partnership, corporation, county, city, public agency or other
				  governmental entity that has applied for a child care center license.
(5) "Assistant Infant Care Center Director"
				  ("Assistant Director") means the individual as specified in Section
				  101415.1 designated by the child care
				  center director to act in his or her behalf in the overall management of an infant
				  care center.
(6) "Authorized
				  Representative" means any person or entity authorized by law to act on behalf of any
				  child. Such person or entity may include but not be limited to a minor's parent, a
				  legal guardian, a conservator or a public placement agency.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 2 - Licensing › Section 101156 - License Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Unless a
				  child care arrangement is exempt from licensure as specified in Section
				  101158, no adult, general partners of a
				  partnership, controlling partners in a limited liability corporation, corporation,
				  county, city, public agency or other governmental entity shall operate, establish,
				  manage, conduct or provide care and supervision as defined in Section
				  101152 c.(2) without a valid license
				  from the Department.
1. Change without
					 regulatory effect (Register 86, No. 29).
2. Amendment filed 9-14-98;
					 operative 11-1-98 (Register 98, No. 38).
Note: Authority cited: Section
						1596.81,
						Health and Safety Code. Reference: Sections
						1596.80,
						1596.81(b),
						1596.805,
						1596.84
						and
						1596.85,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 2 - Licensing › Section 101157 - Operation Without a License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If an
				  unlicensed child care center is providing care and supervision as defined in Section
				  101152 c.(2), the center is in
				  violation of Health and Safety Code Section
				  1596.80
				  unless exempted from licensure pursuant to Section
				  101158.
(b) If a child care center is alleged to be in
				  violation of Health and Safety Code Section
				  1596.80,
				  the Department shall conduct a site visit and/or evaluation of the center pursuant
				  to Health and Safety Code section
				  1596.853.
(c) If a child care center is operating without a
				  license, the Department shall issue a Notice of Operation in Violation of Law and
				  shall refer the case for criminal prosecution and/or civil proceedings.
(d) The Department has the authority to issue an
				  immediate civil penalty pursuant to Section
				  101198 and Health and Safety Code
				  Section
				  1596.891.
(e) Sections
				  101157(c) and (d)
				  shall be applied pursuant to Health and Safety Code Section
				  1596.892.
1. Change without
					 regulatory effect (Register 86, No. 29).
2. Amendment of subsection (c)
					 and new subsections (d) and (e) filed 8-17-88; operative 9-16-88 (Register 88, No.
					 34).
3. Change without regulatory effect amending lettering and
					 correcting cross-references filed 5-28-91 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 91, No. 28).
4. Amendment filed 9-14-98; operative
					 11-1-98 (Register 98, No. 38).
5. Editorial correction (Register 2002,
					 No. 39).
Note: Authority cited: Section
						1596.81,
						Health and Safety Code. Reference: Sections
						1596.792,
						1596.80,
						1596.81(b),
						1596.89,
						1596.890,
						1596.891
						and
						1596.892,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 2 - Licensing › Section 101158 - Exemption from Licensure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As specified
				  in Health and Safety Code Section
				  1596.792,
				  the child care center regulations contained in this division shall not apply to any
				  of the following:
(8) Public and private schools
				  that operate a program before and/or after school for school-age children provided
				  all of the following conditions are met:
(A) The
				  program offered by a school must be operated by the school and run by qualified
				  teachers employed by the school or the school district.
(B) An outside organization or individual using a
				  public or private school site to operate a child care program is subject to
				  licensure, even if the program is open only to the children enrolled at that
				  school.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 2 - Licensing › Section 101159 - Licensing of Integral Facilities. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer filed
					 9-14-98; operative 11-1-98 (Register 98, No. 38).
Note: Authority cited: Section
						1596.81,
						Health and Safety Code. Reference: Sections
						1596.73
						and
						1596.80,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 2 - Licensing › Section 101160 - Posting of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The license
				  shall be posted in a prominent, publicly accessible location in the
				  center.
1. Renumbering of
					 former section 101260 to new section
					 101160 filed 9-14-98; operative 11-1-98
					 (Register 98, No. 38).
Note: Authority cited: Section
						1596.81,
						Health and Safety Code. Reference: Sections
						1596.72,
						1596.73
						and
						1596.81,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 2 - Licensing › Section 101161 - Limitations on Capacity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee
				  shall not operate a child care center beyond the conditions and limitations
				  specified on the license, including the capacity limitation.
1. Change without
					 regulatory effect (Register 86, No. 29).
2. Amendment filed 9-14-98;
					 operative 11-1-98 (Register 98, No. 38).
3. Amendment of section heading
					 and repealer of subsections (b)-(b)(2) filed 6-17-2019; operative 6-17-2019 pursuant
					 to Government Code section
					 11343.4(b)(3)
					 (Register 2019, No. 25).
Note: Authority cited: Section
						1596.81,
						Health and Safety Code. Reference: Sections
						1596.72,
						1596.73,
						1596.81(b)
						and
						1596.95,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 2 - Licensing › Section 101162 - Advertisements and License Number

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
				  person or legal entity shall advertise or represent itself as a licensed child care
				  center without first obtaining a current valid license from the Department.
(1) Licensees shall reveal each child care center
				  license number in all advertisements in accordance with Health and Safety Code
				  Section
				  1596.861.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 2 - Licensing › Section 101163 - False Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No licensee,
				  officer or employee of a licensee shall make or disseminate any false or misleading
				  statement regarding the child care center or any of the services provided by the
				  center.
(b) No licensee, officer or
				  employee of a licensee shall alter a license, or disseminate an altered
				  license.
1. Amendment
					 filed 9-14-98; operative 11-1-98 (Register 98, No.
					 38).
Note: Authority cited: Section
						1596.81,
						Health and Safety Code. Reference: Sections
						1596.72,
						1596.73,
						1596.81
						and
						1596.95,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 3 - Application Procedures › Section 101167 - Transfer and Sale

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A license is not
				  transferable.
(1) If the sale of a licensed child
				  care center will result in the issuance of a new license, the requirements of Health
				  and Safety Code Section
				  1597.14
				  apply.
(2) In the event of the sale and
				  transfer of property and business, the applicant (buyer) shall be issued an
				  Emergency Approval to Operate (EAO) (LIC 9117 [4/93]) if the applicant (buyer)
				  complies with Health and Safety Code Section
				  1597.14.
(3) The applicant (buyer) who is issued an EAO
				  (LIC 9117 [4/93]) shall perform all the duties, functions and responsibilities
				  required of a licensee.
(4) Failure to
				  comply with licensing laws and regulations under this section, as determined by the
				  Department, shall result in the denial of the application for a license. This denial
				  shall also constitute termination of the EAO (LIC 9117 [4/93]).
(5) The Department shall provide to the applicant
				  (buyer) written notification of the denial. This notice shall be effective
				  immediately upon receipt.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 3 - Application Procedures › Section 101168 - Applicant Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  adult may apply for a license regardless of age, sex, race, religion, color,
				  political affiliation, national origin, disability, marital status, actual or
				  perceived sexual orientation, or ancestry.
1. Amendment
					 filed 9-14-98; operative 11-1-98 (Register 98, No. 38).
2. Editorial
					 correction of NOTE (Register 2002, No. 39).
3. Change without regulatory
					 effect amending subsection (a) and NOTE filed 12-10-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2003, No. 50).
Note: Authority cited: Section
						1596.81,
						Health and Safety Code. Reference: Sections
						1596.72,
						1596.73
						and
						1596.81,
						Health and Safety Code; and Section
						51, Civil
						Code.
California Code of Regulations › Title 22 - Social Security › Division 12 - Child Care Facility Licensing Regulations › Chapter 1 - Child Care Center General Licensing Requirements › Article 3 - Application Procedures › Section 101169 - Application for License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any adult,
				  partnership, corporation, county, city, public agency or other governmental entity
				  wishing to obtain a license shall fill out and file with the Department an
				  Application Booklet (LIC 281A [12/96]), as well as submit to the Department the
				  documents specified in Section
				  101169(d) below.
(1) Applicants for licensure of a single license
				  child care center shall file one application.
(A)
				  Licensees requesting the addition of a new infant, toddler, preschool, school-age or
				  mildly ill child component to their single license child care center shall submit an
				  amended Application for a Child Care Center License form (LIC 200A [3/23]), which is
				  incorporated by reference; a program description; a sketch of the center showing
				  where the children in each age component will be located; a schedule of outdoor
				  activities, and if necessary, a fire clearance.
(B) The applicant must complete an Applicant
				  Information Form (LIC 215 [12/22]) which is incorporated by reference.
(C) If the applicant is a corporation, limited
				  liability company, public agency, partnership, or another type of association, they
				  must complete the Administrative Organization form (LIC 309 [6/01]), which is
				  incorporated by reference.