reglab/statecodes huggingface dataset:
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 11 - Rehabilitation Facilities and Community Resources for Individuals with Disabilities › Section 7331 - Accreditation and Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department
				shall with the exception of facilities providing services primarily to the blind,
				deaf and/or independent living centers, require that public and private non-profit
				rehabilitation facilities offering work oriented programs and services be accredited
				by the Commission on Accreditation of Rehabilitation Facilities (CARF) in the
				primary program emphasis of the services to be purchased. Applicants for grant
				funding must also meet accreditation criteria when applicable or be certified by the
				Department. To be certified they shall have a plan for seeking
				accreditation.
(b) The Department shall
				supplement programs accredited by CARF with a certification of specific services.
				This certification will take place no less than every three years and will be based
				on standards developed by the Department.
(c) The Department shall require other
				rehabilitation facilities to meet certification standards of the Department. The
				Standards for Certification shall be developed by the Department in consultation
				with a representative group of providers and recipients of vocational rehabilitation
				services.
(d) Upon written request by a
				Community Rehabilitation Program (CRP) and proof that its annual service
				expenditures are at or below fifty thousand dollars ($50,000) for three prior,
				consecutive years, the Department may waive the CARF accreditation requirements
				herein.
(1) The Department will provide written
				approval or denial of the request on the condition that annual expenditures do not
				exceed fifty thousand dollars ($50,000), and may rescind the waiver if the
				Department determines that the CRP is not in compliance with any law or
				regulation.
(2) The Department's waiver
				shall not supersede any other agency's or Regional Center's requirement of CARF
				accreditation or service standards.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 11 - Rehabilitation Facilities and Community Resources for Individuals with Disabilities › Section 7332 - Purchase of Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department
				may purchase vocational rehabilitation services from public or private non-profit
				rehabilitation facilities which include agencies serving primarily individuals who
				are blind and/or deaf, independent living centers, and other community resources for
				individuals with disabilities.
(1) The Department
				may pay fees for services through a schedule set by the Department and applicable to
				all rehabilitation facilities or a special negotiated fee for an individual
				service.
(2) The Department may contract
				for specific services for an estimated number of clients per month.
(3) The Department may contract with a public or
				private non-profit rehabilitation facility on a cost sharing basis to provide
				services for groups of individuals with disabilities. Services for groups shall
				include but not be limited to:
(A) The removal of
				architectural barriers.
(B) The purchase
				of a vehicle to transport clients.
(C)
				The purchase of telephone-teletype equipment for individuals who are deaf.
(D) The use of therapeutic recreation
				facilities.
(E) The use of residential
				facilities to accommodate individuals with disabilities while they are receiving
				other vocational rehabilitation services.
(F) The purchase of instructional
				material.
(G) The purchase or adaptation
				of equipment for training or employment of individuals with disabilities.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 11 - Rehabilitation Facilities and Community Resources for Individuals with Disabilities › Section 7333 - Grants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Establishment
				Grants.
(1) The Department may award Establishment
				Grants to public or private non-profit rehabilitation facilities. Such facilities
				include sheltered workshops,work activity centers, facilities serving primarily
				blind and/or deaf, independent living centers, rehabilitation centers, and other
				community resources for the handicapped available within the state. Such facilities
				shall provide vocational rehabilitation services or transitional or extended
				employment for handicapped individuals. The purpose of such grants is to:
(A) Expand, remodel, or alter existing buildings
				and/or
(B) Acquire initial and
				additional fixed or movable equipment of existing buildings.
(C) Provide initial or additional staffing
				assistance which will be available only for personnel who are engaged in new or
				expanded program activities of the rehabilitation facility.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 11 - Rehabilitation Facilities and Community Resources for Individuals with Disabilities › Section 7334 - Grant Management

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department,
				in conjunction with the U.S. Department of Education, shall establish priorities for
				the use of allotted funds each year. The list of priorities shall be made available
				on request to potential applicants for funds.
(b) The Department shall establish and maintain a
				format to evaluate, prioritize, and award applications for grants on the basis of
				the following U.S. Department of Education priorities:
(1) The degree to which the applicant has
				responded to the annual departmental mission and objectives.
(2) Consumer involvement, affirmative action, and
				accessibility.
(3) Ability to meet
				district client needs.
(4) Adequacy of
				grant planning.
(5) Ability to
				administer grant funds.
(6) Adequacy of
				the current program base.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 11 - Rehabilitation Facilities and Community Resources for Individuals with Disabilities › Section 7335 - Auditing Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Establishment
				Grants, Innovation and Expansion Grants, and other grants and contracts shall be
				audited to evaluate the financial transactions and determine compliance with the
				terms of the grant or contract.
(b)
				Grant and contract recipients shall arrange for independent audits that meet the
				standards and needs set forth by the Department. The audit shall be conducted in
				accordance with the Department's basic audit standards for grants and contracts and
				any additional audit standards required by the Department.
(c) Contracts for independent auditors shall
				provide that their audits meet the Department's needs and requirements. Copies of
				independent audit reports shall also be furnished to the Department. Audit working
				papers shall be made available to the Department and other governmental audit
				staff.
(d) The Department may also
				utilize independent audits made by Certified Public Accounting or Public Auditing
				firms, by an audit agency of the Federal or State Government, or Department auditors
				to accomplish the purpose of this article.
(e) External or internal audits shall be made in
				accordance with:
(1) Generally accepted auditing
				standards including the standards of the U.S. Accounting Office's publication
				"Standards for the Audit of Governmental Organizations Programs, Activities, and
				Functions".
(2) Federal Regulations 34
				CFR, Part 74.
(3) OMB Circular No.
				A-110, Federal Management Circular FMC 74-7.
(4) Department of Rehabilitation's "Grant
				Management Handbook".
(5) The terms of
				the contract.
(6) Grant management
				guidelines.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 11 - Rehabilitation Facilities and Community Resources for Individuals with Disabilities › Section 7335.5 - Discrimination Complaint Resolution Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All grant and
				contract recipients shall:
(1) Establish an
				informal process for the resolution of complaints by clients of the Department who
				believe that they have been discriminated against by the contractor or grantee or by
				an employer of the contractor or grantee based upon any of the protected statuses
				specified in Section
				7351(b). The contractor
				or grantee shall ensure that, at a minimum, the informal resolution process shall
				include all of the following procedures:
(A) As
				soon as a client of the Department has been accepted for services, the contractor or
				grantee shall inform the individual of his/her right to file a complaint of
				discrimination within 180 days of the alleged discrimination with any of the
				following:
1. The contractor or grantee, through
				its informal resolution process.
2. The
				Department, through the Chief, Office of Civil Rights and Affirmative
				Action.
3. The U.S. Department of
				Education, Office for Civil Rights.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 11 - Rehabilitation Facilities and Community Resources for Individuals with Disabilities › Article 2 - Habilitation Services Program [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New Article 2
				  (Sections 7336-7340) filed 7-11-80; effective
				  thirtieth day thereafter (Register 80, No. 28).
2. Editorial correction
				  of HISTORY NOTE (Register 81, No. 11).
3. Repealer of Article 2 (Sections
				  7336-7340) and new Article 2 (Sections
				  7336-7341) filed 6-30-83; designated
				  effective 7-1-83 pursuant to Government Code Section
				  11346.2(d)
				  (Register 83, No. 27).
4. Change without regulatory effect repealing
				  article 2 (sections
				  7336-7348) and repealing section filed
				  5-4-2004 pursuant to section
				  100, title 1, California Code of
				  Regulations; repeal effective 7-1-2004 and regulation text retained for reference
				  (Register 2004, No. 19).
5. Implementation of nonsubstantive repeal
				  (Register 2004, No. 27).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 11 - Rehabilitation Facilities and Community Resources for Individuals with Disabilities › Article 4 - Supported Employment [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Renumbering and
				  amendment of former article 3 to new article 4 (section
				  7349) and new section filed 3-4-98;
				  operative 4-3-98 (Register 98, No. 10). For prior history, see Register 83, No.
				  7.
2. Change without regulatory effect repealing article 4 (section
				  7349) and repealing section filed
				  5-4-2004 pursuant to section
				  100, title 1, California Code of
				  Regulations; repeal effective 7-1-2004 and regulation text retained for reference
				  (Register 2004, No. 19).
3. Implementation of nonsubstantive repeal
				  (Register 2004, No. 27).
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 7352 - Appellant's Mode of Communication

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department shall inform the appellant in appellant's primary language and preferred
				  mode of communication that, upon the appellant's specific request, all future
				  notices and decisions shall be transmitted in the same manner. The Department shall
				  further inform the appellant that if no such request is received, future notices and
				  decisions shall be transmitted electronically in written English. If no such request
				  is received and Appellant has not provide an email address to the Department, future
				  notices and decisions shall be transmitted by mail.
Note: Authority cited: Sections
						19006 and
						19016, Welfare and Institutions Code;
						Section 35, Chapter 937, Statutes of 1993.
						Reference: Section
						19013.5, Welfare and Institutions
						Code.
Note: Authority cited: Sections
						19006
						and
						19016,
						Welfare and Institutions Code; Section
						35, Chapter 937, Statutes of 1993.
						Reference: Section
						19013.5,
						Welfare and Institutions Code.
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 7353 - Administrative Review - Appellants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				  requests for administrative review of an action of the Department relating to the
				  application for or receipt of services shall:
(1)
				  Be made within one year of the action(s) or decision(s) with which the appellant is
				  dissatisfied except as set forth in Sections
				  7227 and
				  7344.
(2) Be made orally or in writing to the District
				  Administrator or Orientation Center for the Blind Administrator responsible for
				  overseeing the local office in which the action or decision with which the appellant
				  is dissatisfied was initiated.
(3)
				  Include the following information:
(A) The reason
				  for the appeal and why the appellant thinks the decision should be
				  changed.
(B) The action the appellant
				  wishes to have taken.
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 7353.5 - Administrative Review-Complainants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				  requests for administrative review of a complaint of discrimination shall:
(1) Be made within 180 days of the date of the
				  alleged discrimination.
(2) Be made
				  orally or in writing to the District Administrator responsible for overseeing the
				  local office in which the alleged discrimination occurred.
(3) Include all of the following:
(A) The name, address and telephone number of the
				  complainant.
(B) The name and title of
				  the person against whom the complaint is made.
(C) A description of the alleged discrimination,
				  including pertinent dates and a statement of how the alleged discrimination relates
				  to the complainant's sex, race, age, religious creed, color, ancestry, national
				  origin, sexual orientation, marital status, medical condition, or physical or mental
				  disability.
(D) The remedy the
				  complainant wishes to have initiated.
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 1.5 - Mediation › Section 7353.6 - Mediation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				  requests for mediation of a dispute between an individual and the Department
				  relating to the application for or receipt of Vocational Rehabilitation services
				  shall:
(1) Be made within one year of the
				  action(s) or decision(s) involved.
(2)
				  Be made in writing and directed to the Department of Rehabilitation, Legal Affairs
				  or sent by electronic mail to appealsinfo@dor.ca.gov. Mediation may also be
				  requested at the same time a request for fair hearing is filed. By requesting a
				  mediation, an individual consents to the release of the information contained in the
				  request to a Qualified Impartial Mediator and to the sharing of information about
				  the individual's case with a Qualified Impartial Mediator.
(3) Include the following information:
(A) The reason for the mediation and why the party
				  requesting mediation thinks the decision should be changed.
(B) The action the party requesting mediation
				  wishes to have taken.
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 2 - Fair Hearings › Section 7354 - Fair Hearing Requests

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				  requests for a fair hearing shall:
(1) Be made
				  within one year of receipt of a written denial or action relating to an application
				  for or receipt of services, except as set forth in Sections
				  7227,
				  7344,
				  7345, and
				  7353(f) of these
				  regulations.
(2) Be made in writing and
				  directed to the Department of Rehabilitation, Legal Affairs or sent by electronic
				  mail to appealsinfo@dor.ca.gov.
(3)
				  Include the information specified in Section
				  7353(a)(3).
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 2 - Fair Hearings › Section 7355 - Fair Hearing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  appellant may appear alone, with the authorized representative, or be represented by
				  the authorized representative.
(b) The
				  Department shall be represented at the hearing by the employee who made the original
				  decision and/or the Administrative Review Officer, or the Rehabilitation Supervisor
				  to whom the review was delegated.
(c)
				  The appellant and/or the authorized representative and the Department
				  representatives shall have an opportunity to:
(1)
				  Present evidence, information, and witnesses to the impartial hearing officer.
(A) If written evidence is presented at the
				  hearing, three (3) copies shall be presented to the impartial hearing officer by the
				  introducing party.
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 2 - Fair Hearings › Section 7356 - Appellant Responsibilities for Appearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  appellant or authorized representative may waive the right to appear and have the
				  matter decided on the written record by providing written notification to the
				  impartial hearing officer. If such written notification is received less than seven
				  days prior to the scheduled hearing, the hearing shall be canceled and the appellant
				  shall be sent a notice as specified in Section
				  7355(e).
(b) The appellant or authorized representative
				  shall notify the impartial hearing officer in writing if he or she is unable to
				  attend a scheduled hearing.
(c) The
				  appellant and/or authorized representative, if any, shall arrive within 30 minutes
				  after the scheduled time of the hearing.
(1) If
				  both the appellant and authorized representative fail to appear within the specified
				  time, the hearing shall be canceled and the impartial hearing officer shall send a
				  notice, pursuant to Section
				  7355(e).
(2) If only one of the above appear, he or she
				  shall have the option of rescheduling the hearing or proceeding with the hearing
				  without the presence of the other.
(A) In the
				  event the hearing is not held and the individual who does not appear at the hearing
				  wishes to request a rescheduled hearing, he/she shall provide documentation
				  sufficient to establish good cause for his/her failure to appear pursuant to Section
				  7355(e).
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 2 - Fair Hearings › Section 7357 - Postponement and Continuation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  impartial hearing officer may postpone the scheduled hearing up to 90 days if good
				  cause exists, if both parties agree to the postponement, or for the convenience of
				  the appellant. A request for postponement must be filed no later than five (5)
				  working days prior to the scheduled hearing. The impartial hearing officer shall not
				  postpone the hearing for more than one year from the original hearing
				  date.
(b) The impartial hearing officer
				  may continue the hearing to a later date upon the determination that additional
				  evidence not available at the hearing is necessary to reach a decision. The
				  impartial hearing officer may order further investigation or direct either party to
				  produce additional evidence.
(c) The
				  impartial hearing officer may close the hearing but hold the record open for up to
				  thirty (30) days to permit the submission of additional written evidence. Such
				  evidence shall be made available to the Department and the appellant, and if
				  applicable the appellant's authorized representative, and each party shall have the
				  opportunity to submit a written response.
(d) The impartial hearing officer may conduct
				  further hearings if the additional information or response indicates a need for such
				  hearings.
1. Amendment of
					 subsection (c) and NOTE filed 9-19-91; operative 10-21-91 (Register 91, No.
					 52).
2. Amendment of section and NOTE filed 7-27-2012 as an emergency;
					 operative 7-27-2012 (Register 2012, No. 30). Pursuant to Welfare and Institutions
					 Code section
					 19710,
					 this action is a deemed emergency and the emergency regulations are exempt from OAL
					 review. A Certificate of Compliance must be transmitted to OAL by 1-23-2013 or the
					 emergency action will be repealed by operation of law on the following
					 day.
3. Amendment refiled 1-17-2013 as an emergency; operative 1-17-2013
					 (Register 2013, No. 3). Pursuant to Welfare and Institutions Code section
					 19710,
					 this action is a deemed emergency and the emergency regulations are exempt from OAL
					 review. A Certificate of Compliance must be transmitted to OAL by 4-17-2013 or
					 emergency language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 1-17-2013 order, including
					 nonsubstantial amendment of subsection (a) and amendment of NOTE, transmitted to OAL
					 1-29-2013 and filed 3-5-2013; amendment operative 3-5-2013 pursuant to Government
					 Code section
					 11343.4(b)(3)
					 (Register 2013, No. 10).
Note: Authority cited: Sections
						19006,
						19016
						and
						19705,
						Welfare and Institutions Code. Reference:
						34 CFR
						361.48(d).
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 2 - Fair Hearings › Section 7358 - Final Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  impartial hearing officer shall render a final decision within 30 days of the
				  completion of the hearing and shall send copies to appellant in their preferred mode
				  of communication. The decision shall set forth:
(1) The issues.
(2) The findings of fact.
(3) The reasons for the decision referencing
				  applicable laws, regulations, and policy.
(4) The final decision.
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 2 - Fair Hearings › Section 7359 - Review of Proposed Decision. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Renumbering
					 and amendment of former section
					 7359 to section
					 7358, except subsection (c), which was
					 moved to section
					 7360, and new section
					 7359 filed 9-19-91; operative 10-21-91
					 (Register 91, No. 52).
2. Repealer filed 12-1-93 as an emergency;
					 operative 12-1-93 (Register 93, No. 49). A Certificate of Compliance must be
					 transmitted to OAL by 3-30-94 or emergency language will be repealed by operation of
					 law on the following day.
3. Certificate of Compliance as to 12-1-93
					 order transmitted to OAL 3-15-94 and filed 4-19-94 (Register 94, No. 16).
Note: Authority cited: Sections
						19006
						and
						19016,
						Welfare and Institutions Code. Reference:
						34 CFR
						361.48(c); and Section
						19707, Welfare and Institutions
						Code.
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 2 - Fair Hearings › Section 7360 - Final Decision. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Former section
					 7359, subsection (c) amended and moved
					 to new section 7360 filed 9-19-91; operative 10-21-91
					 (Register 91, No. 52).
2. Repealer filed 12-1-93 as an emergency;
					 operative 12-1-93 (Register 93, No. 49). A Certificate of Compliance must be
					 transmitted to OAL by 3-30-94 or emergency language will be repealed by operation of
					 law on the following day.
3. Certificate of Compliance as to 12-1-93
					 order transmitted to OAL 3-15-94 and filed 4-19-94 (Register 94, No.
					 16).
4. Editorial correction of HISTORY 1 (Register 95, No. 11).
Note: Authority cited: Sections
						19006
						and
						19016,
						Welfare and Institutions Code. Reference:
						34 CFR
						361.48(c),
						34 CFR
						370.10; and Sections
						19707 and
						19709, Welfare and Institutions
						Code.
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 2 - Fair Hearings › Section 7361 - Record of the Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The final
				  decision, a transcript or a recording of the hearing, exhibits, papers, and reports
				  filed in the proceeding shall constitute the record of the hearing.
(b) If requested by the appellant or authorized
				  representative, the record of the hearing or any part thereof shall be furnished to
				  him/her within 30 days from receipt of the written request at a cost not to exceed
				  ten cents per page or for free if fewer than ten pages are requested.
1. Renumbering
					 and amendment of former section
					 7358 to section
					 7361 filed 9-19-91; operative 10-21-91
					 (Register 91, No. 52).
2. Amendment of subsection (a) and NOTE filed
					 12-1-93 as an emergency; operative 12-1-93 (Register 93, No. 49). A Certificate of
					 Compliance must be transmitted to OAL by 3-30-94 or emergency language will be
					 repealed by operation of law on the following day.
3. Certificate of
					 Compliance as to 12-1-93 order transmitted to OAL 3-15-94 and filed 4-19-94
					 (Register 94, No. 16).
Note: Authority cited: Sections
						19006
						and
						19016,
						Welfare and Institutions Code; Section
						35, Chapter 937, Statutes of 1993.
						Reference: Section
						19706,
						Welfare and Institutions Code.
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 3 - Discrimination Resolutions by the Office of Civil Rights and Affirmative Action › Section 7363 - Review of Complaint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon a
				  receipt of either of the following, the Chief, Office of Civil Rights and
				  Affirmative Action shall notify the complainant of receipt of the information and
				  that a review conducted in accordance with (b) shall occur:
(1) A written complaint of discrimination
				  containing all of the information specified in Section
				  7353.5(a)(3) from an
				  applicant, client, former client, or student with a disability of the Department,
				  and filed within 180 days of the date of the alleged discrimination or within 30
				  days of receiving written notification from a contractor or grantee in accordance
				  with Section 7335.5.
(2) The summary of the Administrative Review
				  specified in Section
				  7353.5(b)(2)(A).
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 3 - Discrimination Resolutions by the Office of Civil Rights and Affirmative Action › Section 7365 - Formal Investigation and Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Equal
				  Employment Opportunity Investigator shall conduct an impartial investigation of the
				  complaint and, within 70 working days of receipt of the complaint, provide a written
				  Report of Findings to the Chief, Office of Civil Rights and Affirmative
				  Action.
(b) At a minimum, the impartial
				  investigation shall include a review of the documentary evidence and an interview
				  with all of the following:
(1) The complainant who
				  may be accompanied by a representative of his/her choosing.
(2) The respondent.
(3) The respondent's
				  supervisor.
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 3 - Discrimination Resolutions by the Office of Civil Rights and Affirmative Action › Section 7367 - Settlements and Dismissals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Notwithstanding anything in this Chapter, the Department may continue to negotiate a
				  settlement until such time as the Report on Findings and the proposed decision have
				  been forwarded to the Chief Deputy Director.
(b) In addition to the dismissals pursuant to
				  Section 7363(b), the Chief,
				  Office of Civil Rights and Affirmative Action may dismiss a formal complaint under
				  any of the following circumstances:
(1) The
				  complainant fails to provide requested necessary information or to be available for
				  interviews or conferences or otherwise refuses to cooperate to the extent that the
				  Chief, Office of Civil Rights and Affirmative Action is unable to resolve the
				  complaint. Prior to the dismissal, the Chief shall provide the complainant with
				  written notification affording the complainant 20 working days in which to
				  respond.
(2) The complainant cannot be
				  located after reasonable efforts have been made and the complainant has not
				  responded within 20 working days to a notice sent by the Chief to the complainant's
				  last known address.
(3) The complainant
				  fails to respond to or refuses an offer within 30 days of a written notice sent by
				  the Chief, Office of Civil Rights and Affirmative Action that contains a settlement
				  offer that is specific in its terms and would afford full relief for the alleged
				  complaint of discrimination as specified in Section
				  7353.5(a)(3)(D).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 14 - Employee Activities › Article 1 - Conflict of Interest › Section 7401 - Designated Positions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer filed
					 12-11-91; operative 1-10-92. Submitted to OAL for printing only (Register 92, No.
					 12).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 14 - Employee Activities › Article 1 - Conflict of Interest › Section 7402 - Disclosure Statements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer filed
					 12-11-91; operative 1-10-92. Submitted to OAL for printing only (Register 92, No.
					 12).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 14 - Employee Activities › Article 1 - Conflict of Interest › Section 7403 - Place and Time of Filing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer filed
					 12-11-91; operative 1-10-92. Submitted to OAL for printing only (Register 92, No.
					 12).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 14 - Employee Activities › Article 1 - Conflict of Interest › Section 7404 - Disqualification. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer filed
					 12-11-91; operative 1-10-92. Submitted to OAL for printing only (Register 92, No.
					 12).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 14 - Employee Activities › Article 1 - Conflict of Interest › Section 7405 - Manner of Disqualification. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer filed
					 12-11-91; operative 1-10-92. Submitted to OAL for printing only (Register 92, No.
					 12).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 14 - Employee Activities › Article 1 - Conflict of Interest › Section 7406 - Definition of Terms. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer filed
					 12-11-91; operative 1-10-92. Submitted to OAL for printing only (Register 92, No.
					 12).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 14 - Employee Activities › Article 2 - Incompatible Activities › Section 7411 - Definitions and Terms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Case
				  Responsible" means being the provider or procurer of services in which job placement
				  is the outcome.
(b) "Employee" means any
				  person employed by the Department.
(c)
				  "Job Placement" means being responsible for the act of securing employment or
				  on-the-job training.
(d) "Private
				  Business" means any activity for which money or other consideration is received from
				  a source other than the State.
1. New section
					 filed 6-24-91; operative 7-21-91 (Register 91, No. 38).
Note: Authority cited: Sections
						19006
						and
						19016,
						Welfare and Institutions Code, and Section
						19990,
						Government Code. Reference: Section
						19990,
						Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 14 - Employee Activities › Article 2 - Incompatible Activities › Section 7412 - Incompatible Activities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No employee
				  of the Department shall:
(1) Conduct private
				  business on State time, or by utilizing State facilities, resources, materials,
				  equipment or supplies.
(2) Serve as a
				  member of the Board of Directors, as an employee, as a consultant, as an official or
				  in any policy making capacity in any organization which receives Departmental funds
				  without the prior written approval of the Director. Criteria used to evaluate
				  requests for written approval include but are not limited to determinations of
				  whether the employee is case responsible, controls expenditures, has purchasing
				  authority, or represents the Department to the community within the geographic
				  service area of the organization in question.
(3) Engage in private business which:
(A) Causes either physical or mental fatigue that
				  results in less efficient performance of the employee's State duties.
(B) Requires performance of an act in other than
				  his or capacity as a State employee when that act may later be subject, directly or
				  indirectly, to the control, inspection, review, audit or enforcement by that
				  employee.
(C) Requires the employee to
				  be case responsible or provide job placement or both when the employee is case
				  responsible, or provides job placement or both to an individual who is an applicant
				  or client as defined in title 9, California Code of Regulations, section
				  7001 or
				  7005.
(4) Solicit or accept gifts, money, or other
				  consideration from a person or source other than the State for performing a duty
				  which the employee or the Department would be expected to perform in the course of
				  State business.
(5) Engage in a sexual
				  relationship with an applicant or client as defined in title 9, California Code of
				  Regulations, sections
				  7001 or
				  7005 for whom the employee is case
				  responsible or provide job placement or both, or for whom the employee is
				  responsible for the supervision of subordinate employees who are case responsible,
				  or provide job placement or both.
(6)
				  Solicit or accept gifts, money, or other consideration from any person or
				  organization receiving funds from the Department.
(7) Use the prestige or influence of the
				  employee's position for the employee's private gain or advantage or the private gain
				  or advantage of another.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 14 - Employee Activities › Article 2 - Incompatible Activities › Section 7413 - Required Activities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An employee
				  who receives an offer of gifts, money, or other consideration for the purpose of
				  influencing an action by the State shall notify his or her immediate supervisor
				  orally or in writing of that offer within five working days regardless of whether
				  the offer has been refused.
(b) Within
				  five working days of being assigned responsibility for purchasing, the assigned
				  employee shall provide his or her supervisor with a written statement indicating the
				  assigned employee's name, job title, effective date of assignment and that the
				  assigned employee shall not use his or her position for his or her private gain or
				  advantage or the private gain or advantage of another.
1. New section
					 filed 6-24-91; operative 7-24-91 (Register 91, No. 38).
Note: Authority cited: Sections
						19006
						and
						19016,
						Welfare and Institutions Code; Section
						19990,
						Government Code. Reference: Section
						19990,
						Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 1 - Administration of the Department of Alcohol and Drug Programs › Article 2 - Regulations [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New Article 2
				  (Sections 9050 and
				  9052) filed 2-16-79; designated
				  effective 3-1-79 by Health and Safety Code Section
				  11850.4(c)
				  (Register 79, No. 7).
2. Repealer of Article 2 (Sections
				  9050 and
				  9052) filed 4-9-82; effective thirtieth
				  day thereafter (Register 82, No. 15).
Note: Authority cited: Section
					 11779(a),
					 Health and Safety Code. Reference: Section
					 11779(a),
					 Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 1 - Administration of the Department of Alcohol and Drug Programs › Article 3 - Department of Alcohol and Drug Programs-Conflict of Interest Code › Appendix A

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Designated Employees
Disclosure Categories
Director
1
Chief Deputy Director
1
All Exempt Positions
1
Career Executive Assignment (CEA) (All Levels)
1
Consultant1
1
Chief Counsel, CEA III
1
Staff Counsel
1
Staff Counsel III (Specialist)
1
Supervising Governmental Auditor II
2, 3, 6
Supervising Governmental Auditor I
2, 3, 6
General Auditor III
2, 3, 6
General Auditor II
2, 3, 6
Auditor I
2, 3, 6
Health Program Manager I
2, 3, 6
Staff Services Manager I, II, III
2, 3, 4, 6
Training Officer
5
Business Services Officer
4
Accounting Administrator
2, 4, 6
Research Manager
2, 6
Research Program Specialist I, II
2, 6
Data Processing Manager I, II
4, 6
Senior Information Systems Analyst (Spec.)
4, 6
Senior Information Systems Analyst (Sup.)
4, 6
Staff Information Systems Analyst (Spec.)
4, 6
Senior Programmer Analyst (Spec.)
4, 6
Systems Software Specialist I
4, 6
__________
1 With respect to consultants, the
					 Director may determine in writing that a particular consultant, although a
					 "designated person," is hired to perform a range of duties that is limited in scope,
					 and thus is not required to fully comply with the disclosure requirements described
					 in this section. Such written determination shall include a description of the
					 consultant's duties and, based upon that description, a statement of the extent of
					 disclosure requirements. The Director's determination is a matter of public record
					 and shall be retained for public inspection in the same manner and location as this
					 conflict of interest code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 1 - Administration of the Department of Alcohol and Drug Programs › Article 3 - Department of Alcohol and Drug Programs-Conflict of Interest Code › Appendix B

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Disclosure Categories.
Category 1
A designated employee in Category 1 shall report interests in
					 real property, investments, business positions, and sources of income, including
					 gifts, loans, and travel payments.
Category 2
A designated employee in Category 2 shall disclose investments
					 and business positions in any business entity, and income, including gifts, loans,
					 and travel payments, from any source which offers consulting, rehabilitative, or
					 educational services concerning the prevention, treatment, or rehabilitation of
					 persons suffering from alcohol-related problems or drug abuse.
Category 3
A designated employee in Category 3 shall disclose investments
					 and business positions in any business entity and any income, including gifts,
					 loans, and travel payments, from a source which, was issued a license, permit, or
					 certificate from, or otherwise regulated by, a board, committee, council, or
					 division of the Department where the designated employee holds his/her
					 position.
Category 4
A designated employee in Category 4 shall disclose investments
					 and business positions in any business entity, and income, including gifts, loans,
					 and travel payments, from any source which provides services, supplies, materials,
					 machinery or equipment of the type utilized by the Department.
Category 5
A designated employee in Category 5 shall disclose investments
					 and business positions in any business entity, and income, including gifts, loans,
					 and travel payments, from any source which provides services, supplies, materials,
					 machinery or equipment of the type utilized by the designated employee's
					 division.
Category 6
A designated employee in Category 6 shall disclose investments
					 and business positions in any business entity, and income, including gifts, loans,
					 and travel payments, from any source which contracted with, or received grants or
					 other monies from, a board, committee, council or division of the Department where
					 the designated employee holds his/her position.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 2 - Development and Administration of County Alcohol Programs › Article 1 - Application of Chapter 2 › Section 9400 - Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Chapter 2
				  shall apply to county alcohol agencies that elect to apply for state or federal
				  funds and claim reimbursement under the provisions of Part 2 of Division 10.5 of the
				  Health and Safety Code unless otherwise stated.
(b) All restrictions or prohibitions applied to
				  state funds as stated herein shall apply to federal funds unless otherwise
				  stated.
1. Renumbering
					 and amendment of Article 1 (Section
					 9640) to Article 1 (Section
					 9400) filed 8-17-83; effective thirtieth
					 day thereafter (Register 83, No. 34).
Note: Authority cited: Section
						11836,
						Health and Safety Code. Reference: Section
						11795,
						Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 2 - Development and Administration of County Alcohol Programs › Article 2 - County Administration › Section 9402 - Administration of County Alcohol Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The alcohol program administration shall have access to the
					 parent health-related agency director, through administrative channels, comparable
					 to the access accorded to other major health program administrations.
1. * Repealer of
					 Article 2 (Sections
					 9642-9654, not consecutive) and new
					 Article 2 (Sections
					 9402-9408, not consecutive) filed
					 8-17-83; effective thirtieth day thereafter (Register 83, No. 34).
*The
					 reorganization of Article 2 is printed as a repealer and adoption for
					 clarity.
Note: Authority cited: Section
						11836,
						Health and Safety Code. Reference: Section
						11800,
						Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 2 - Development and Administration of County Alcohol Programs › Article 2 - County Administration › Section 9404 - Appointment of County Advisory Board on Alcohol Problems

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In counties whose population exceeds 125,000, advisory board
					 members shall not serve on other health-related advisory boards.
Note: Authority cited: Section
						11836,
						Health and Safety Code. Reference: Section
						11805(a) and
						(b), Health and Safety Code.