California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 5.5 - Qualification for Public Benefits › Section 5814 - Responsibility for Eligibility Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Eligibility of an applicant shall be
				determined by the enforcement agency, as part of its ongoing program
				enforcement responsibilities. An enforcement agency other than the department
				may refer the verification of alien applicants to the department by
				transferring to the department's Division of Codes and Standards copies of all
				documentation presented by the applicant and the department's fee pursuant to
				subdivision (d) of Section 5814. Each enforcement agency which is performing
				verifications shall maintain the appropriate documentation for each recipient
				of public benefits or applicant whose eligibility it has determined. Where the
				eligibility of an applicant for a public benefit has already been verified as
				part of an eligibility process for another program subject to PRWORA, that
				verification shall be deemed adequate for purposes of this chapter, and
				documentation of such verification shall be maintained in the applicant's
				file.
(b) The failure of a local
				enforcement agency which is performing verifications to perform eligibility
				verifications as required by this chapter may, in the department's discretion,
				be considered a failure to perform the duties of an enforcement agency under
				applicable program regulations.
(c)
				Any enforcement agency other than the department which verifies eligibility may
				charge applicants a reasonable fee for determining eligibility, not to exceed
				the actual cost of performing the verification. When an enforcement agency
				other than the department refers the verification of an applicant's eligibility
				to the department as provided in subdivision (a), the enforcement agency shall
				collect from the applicant and transmit to the department the fee pursuant to
				subdivision (d).
(d) The department
				may charge a fee of $13.00 for each verification it performs.
(e) An enforcement agency, including the
				department, shall not be liable for any action, delay, error or failure by the
				INS in operating the Systematic Alien Verification for Entitlements (SAVE)
				system or any other verification process, or by any other public agency to
				which the enforcement agency applies to obtain information the enforcement
				agency deems necessary to its determination of the eligibility of an applicant
				to receive public benefits.
1. New section
				  filed 3-20-98 as an emergency; operative 4-6-98 (Register 98, No. 12). A
				  Certificate of Compliance must be transmitted to OAL by 8-4-98 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. New section refiled 8-4-98 as an emergency; operative 8-4-98
				  (Register 98, No. 32). A Certificate of Compliance must be transmitted to OAL
				  by 12-2-98 or emergency language will be repealed by operation of law on the
				  following day.
3. Certificate of Compliance as to 8-4-98 order
				  transmitted to OAL 12-1-98 and filed 1-14-99 (Register 99, No.
				  3).
Note: Authority cited: Sections 17003.5, 17020, 18015,
					 18020, 18300, 19990, 19991.3 and 50406(f), Health and Safety Code; and Section
					 15376, Government Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642;
					 Sections 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and
					 Safety Code; and Section 15376, Government
					 Code.