reglab/statecodes huggingface dataset:
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 3 - Contract and Other Terms › Section 343.1 - Occupancy Waiver; Policy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  occupancy waiver shall apply to all contract purchasers, including veterans and
				  non-veterans alike. Any case which does not meet departmental policy as
				  specified below in Section
				  343.1(b) must be
				  approved in writing by the Regional Manager.
(b) Upon showing good cause, a waiver of
				  occupancy shall be granted on a year-to-year basis, or other lesser period at
				  the discretion of the Department.
Good cause shall be deemed to exist when:
(1) The contract purchaser temporarily moves
				  to another location for the convenience of the contract purchaser's employer,
				  or to accept other employment; or
(2) The illness of the contract purchaser or
				  a member of the contract purchaser's immediate family as defined in Military
				  and Veterans Code Section
				  987.53
				  temporarily requires a move to another location; or
(3) The contract purchaser reenters the
				  active military, naval, or air service, and the waiver shall be effective for
				  the period of such service and for ninety (90) days beyond the period of such
				  service to reoccupy the property; or
(4) The contract purchaser temporarily moves
				  to another location to attend an educational institution which must be situated
				  outside a 75 mile radius of the residence and the educational institution;
				  or
(5) The State Department of
				  Health Services determines that health hazards on the farm, home, or mobilehome
				  property or adjacent property render the farm, home, or mobilehome unsuitable
				  for occupancy in which case the waiver shall be effective for as long as those
				  conditions exist; or
(6) The
				  contract purchaser has experienced, suffered, or is threatened with a series of
				  events or occurrences which, in the sole discretion of the Department, render
				  the property unsuitable for occupancy or make it impractical for the contract
				  purchaser to occupy the property in which case the waiver shall be effective
				  for as long as the events or occurrences exist; or
(7) The contract purchaser lists the property
				  for sale on the open market at a fair market price and makes reasonable
				  attempts to consummate the sale of the property.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 3 - Contract and Other Terms › Section 344 - Default and Foreclosure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a contract holder fails to comply with any of the terms
					 of the Cal-Vet loan contract, the Department may cancel the contract and
					 thereby terminate the interests of the contract holder and any and all junior
					 lienholders. Upon cancellation, all payments theretofore made by or on behalf
					 of the contract holder shall be deemed to be rental paid for occupancy, and
					 thereafter any occupants of the Cal-Vet loan property shall be deemed to be
					 tenants at will. As used herein, "junior lienholder" means any entity or person
					 who claims an interest through the purchaser and who holds a security interest
					 of record in Cal-Vet loan property under a mortgage or deed of trust, or who
					 holds any other kind of lien or charge of record against the property, whether
					 with or without the consent of the Department.
1. New
					 section filed 4-4-88; operative 5-4-88 (Register 88, No.17).
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Sections
						987.5
						and
						987.77,
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 3 - Contract and Other Terms › Section 344.1 - Notice of Intent to Cancel

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Before cancelling a contract, the Department will give 30
					 days' written notice of its intent to cancel to the contract holder and to any
					 junior lienholders for whom it has given its written consent to encumber. The
					 notice shall be given by certified or registered mail, return-receipt
					 requested, or by first-class mail, or by personal service, as deemed
					 appropriate by the Department, to or at the last known address of contract
					 holder or junior lienholder as shown in the Department's contract file. The
					 contract holder and all junior lienholders are responsible for keeping the
					 Department informed by actual written notice to the Department of the proper
					 address to which notices are to be sent. The notice shall be effective upon
					 mailing, or upon actual service if given by personal service, and the default
					 must be cured within 30 days thereafter to avoid cancellation.
1. New
					 section filed 4-4-88; operative 5-4-88 (Register 88, No. 17).
2.
					 Editorial correction (Register 97, No. 20).
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Sections
						987.1(a),
						987.5,
						987.73(a)
						and
						987.77,
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 3 - Contract and Other Terms › Section 344.2 - Notice to Other Lienholders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At the time of the issuance of a notice of intent to cancel
					 a contract, the Department may order from a title insurance company a
					 litigation guarantee or similar title report showing the status of record title
					 to the property which is the subject of the contract in default. If the
					 Department decides to cancel the contract, the Department shall then give
					 notice in writing to all junior lienholders shown in the report that it intends
					 to cancel the contract and that they shall have 30 days in which to begin
					 foreclosure or other action necessary to protect their junior lien or security
					 interest in the property. The notice shall be given by certified or registered
					 mail, return-receipt requested, or by first-class mail, or by personal service,
					 as deemed appropriate by the Department, to or at the addresses shown in the
					 report, and shall be effective upon mailing, or upon actual service if given by
					 personal service.
1. New
					 section filed 4-4-88; operative 5-4-88 (Register 88, No.17).
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Sections
						987.5
						and
						987.77,
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 3 - Contract and Other Terms › Section 344.3 - Alternatives of Junior Lienholders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At the sole option of the Department, junior lienholders
					 shall have one of three alternatives upon issuance of a notice of intent to
					 cancel contract.
(a) The junior
				  lienholder may cure the default, bring the contract holder's account current by
				  paying any arrearages (including all costs of the Department associated with
				  the giving of the necessary notices) to the Department, and keep the account
				  current during the foreclosure or other proceeding necessary to protect the
				  junior lienholder's interest. Any and all amounts so paid may be added to the
				  contract holder's secured indebtedness to the junior lienholder. The junior
				  lienholder shall commence and complete such proceeding as quickly as permitted
				  by law, and the holder of the junior interest in the property upon completion
				  of the proceeding shall have 30 days thereafter in which to pay the Department
				  in full. Upon such payment, and upon the Department's verification that the
				  proceeding was regular on its face, the Department will issue its deed to the
				  holder of the junior interest.
(b)
				  The Department and the junior lienholder may agree to complete their respective
				  foreclosure or similar proceedings and offer the property for a cash sale
				  jointly. In such event, only the Department may accept an offer, and the junior
				  lienholder may not act on the Department's behalf nor bind the Department in
				  any way to act in any particular manner. Upon a sale for all cash, the proceeds
				  shall be applied in the following order of priority:
(1) costs of sale;
(2) the Department's demand, including its
				  costs; and
(3) the junior
				  lienholder's demand, including its costs, up to the extend of the remaining
				  proceeds. Any excess proceeds remaining after these disbursements may be
				  divided between the Department and the junior lienholder pursuant to their
				  agreement, but in no event shall the Department agree to receive nor actually
				  receive less than its pro rata share based upon the respective interest of the
				  parties, and in no case less than 50% of the proceeds.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 3 - Contract and Other Terms › Section 344.4 - Consequences of Failure to Respond or Otherwise Act

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Failure of junior lienholders to respond or otherwise act
					 within any of the periods prescribed by Sections
					 344.1,
					 344.2, and
					 344.3, above, shall results in
					 termination and forfeiture of their interest or interests in the
					 property.
1. New
					 section filed 4-4-88; operative 5-4-88 (Register 88, No. 17).
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Sections
						987.5,
						987.6,
						987.77
						and
						987.78,
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 3 - Contract and Other Terms › Section 344.5 - Reliance by Title Insurance Companies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon the giving of the notices prescribed by Sections
					 344.1,
					 344.2, and
					 344.3, above, and the failure of
					 the contract holder and junior lienholders to respond or otherwise act within
					 the times permitted, the Department may provide a statement to one or more
					 title insurance companies certifying that the notices were duly given as
					 prescribed and that the contract holder and junior lienholders failed to
					 respond. The statement may be provided separately or may be included in a
					 notice of cancellation of contract recorded in the county in which the property
					 is located, and the statement may be relied upon for the purpose of issuing a
					 policy of title insurance free and clear of any claimed interests of the
					 contract holder and non-responding junior lienholders.
1. New
					 section filed 4-4-88; operative 5-4-88 (Register 88, No. 17).
Note: Authority cited: Sections
						700,
						Military and Veterans Code. Reference: Sections
						987.5,
						987.6,
						987.77
						and
						987.78,
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 3 - Contract and Other Terms › Section 345 - Sale of Repossessions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department shall offer repossessed properties for sale at market value as
				  determined by the Department, and shall sell repossessed properties to the
				  highest qualified bidder. The "highest qualified bidder" is defined as the
				  person who submits the highest acceptable offer, as described in Section
				  345.3(d), for the
				  property and whose financial status would not justify the denial of a loan
				  under Section
				  309.1.
(b) This regulation and those that follow in
				  Sections 345.1 -- 345.7 do not apply to
				  repossessed properties located on Indian Trust Land as referred to in Sections
				  987.78(c)
				  through
				  987.78(e)
				  of the Military and Veterans Code.
1. New
					 section filed 11-12-91; operative 12-12-91 (Register 92, No. 7).
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Sections
						985.2,
						987.6,
						987.51
						and
						987.78,
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 3 - Contract and Other Terms › Section 345.1 - Advertisement of Sales

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For each
				  repossessed Cal-Vet property, a "for sale" advertisement shall appear in local
				  newspapers covering the area where the property is located. The Department's
				  advertisement shall appear in the newspapers for a period of at least fourteen
				  days. The advertisement shall specify the location of the property, a brief
				  description, its estimated value, and shall summarize the procedures for a
				  potential buyer to purchase or submit a bid on the property and the
				  qualifications the potential buyer is required to meet as well as the deadline
				  date for "sealed offer" (bid) submission.
(b) A description of the property for sale
				  shall be available in the public area of the district office serving the
				  community in which the property is located.
(c) A "For Sale" sign shall demarcate the
				  Cal-Vet property unless, in the opinion of the district office, to do so would
				  subject the property to vandalism.
(d) Local veterans organizations shall
				  receive information on repossessed properties offered for sale if these
				  organizations have previously submitted, to the Division Of Farm and Home
				  Purchases, a written request for such information.
(e) In order to continue receiving
				  repossessed property information from the Department, veterans organizations
				  shall renew their request each year by submitting a letter to the Department's
				  Division Of Farm and Home Purchases.
1. New
					 section filed 11-12-91; operative 12-12-91 (Register 92, No. 7).
2.
					 Change without regulatory effect repealing subsection (f) filed 4-28-98
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 98, No. 18).
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Sections
						985.2,
						987.6,
						987.51
						and
						987.78(a) and
						(b), Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 3 - Contract and Other Terms › Section 345.2 - Sealed Offer Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Bidders
				  shall submit an offer (bid) on a repossessed property in writing, in a sealed
				  envelope, to the Division Of Farm and Home Purchases district office serving
				  the area where the property is located. The envelope shall have on its outside
				  only the local address of the property and the words "Sealed Offer" printed
				  thereon. No other marks shall be permitted.
(b) If the offer is being mailed, then the
				  bidder shall place the offer envelope inside of the mailing envelope.
(c) The offer shall specify the bid price,
				  the property address, the name of the bidder, the bidder's address, plus any
				  terms and conditions proposed if the bid price is less than an offer to
				  purchase for the full cash value.
(d) The bidder shall personally sign the
				  sealed offer.
(e) If an offer is
				  accepted from a bidder who is a veteran as defined in Section
				  980
				  of the Military and Veterans Code, that bidder shall pay a minimum down payment
				  of 3% of the price offered for properties valued up to $60,000, or a minimum
				  down payment of 5% of the price offered on all properties valued over $60,000.
				  All other accepted bidders shall pay a minimum ten percent (10%) down
				  payment.
(f) The bidder shall
				  submit a down payment in the form of a cashier's or certified check or money
				  order to the district office within 14 days from the date of the district
				  office's written "Offer Acceptance and Request For Down Payment"
				  letter.
1. New
					 section filed 11-12-91; operative 12-12-91 (Register 92, No. 7).
2.
					 Change without regulatory effect amending subsection (e) filed 12-2-96 pursuant
					 to section
					 100, title 1, California Code of
					 Regulations (Register 96, No. 49).
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Sections
						985.2,
						987.6,
						987.51,
						987.71
						and
						987.78(a),
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 3 - Contract and Other Terms › Section 345.3 - Sealed Offer Opening

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  district office shall hold all sealed offers unopened until five days after the
				  deadline date specified in the fourteen-day advertisement as set forth in
				  Section 345.1. The district office shall
				  not accept any sealed offer for consideration which is not postmarked or
				  received by the close of business on the deadline date.
(b) The district office shall open all sealed
				  offers on the same day.
(c) If no
				  cash offer at or above market value is received, then the district office shall
				  select the bid offering the best overall terms and price.
(d) If no acceptable offers are received,
				  then the district office shall have the right to reject any and all offers. An
				  offer is acceptable only if all of the following requirements are met:
(1) The offer is postmarked, or received by
				  the Department, by the deadline date specified in the advertisement referred to
				  in Section
				  345.1;
(2) The offer specifies the location of the
				  property to be purchased, the bidder's name and mailing address;
(3) The bid price offered is specified. If
				  the offer is for less than a bid to purchase for the full cash value, then the
				  offer shall specify the terms and conditions of purchase;
(4) The offer document is signed by the
				  bidder.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 3 - Contract and Other Terms › Section 345.4 - Offer Acceptance; Preferences

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the
				  district office accepts an offer, the district office shall notify the bidder
				  by sending an "Offer Acceptance and Request For Down Payment" letter as soon as
				  possible so that the sale process can begin. If for any reason the bidder fails
				  to complete the purchase transaction, then the next highest acceptable offer
				  (bid) shall be selected. In the case of a tie in the acceptable offers
				  received, the district office shall give preference to bidders in the following
				  order:
(1) Veterans as defined in section
				  980
				  of the California Military and Veterans Code;
(2) Any other person serving in or honorably
				  discharged from the United States armed forces;
(3) Any person who is a first-time home
				  buyer;
(4) Any other
				  person;
(5) Department
				  employee.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 3 - Contract and Other Terms › Section 345.5 - NO Acceptable Offers Received

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If no acceptable offers are received in the district office
					 by the deadline date specified in the fourteen day advertisement, then the
					 property may be sold by the district office to such persons upon such terms and
					 conditions as shall be in the best interest of the Department.
1. New
					 section filed 11-12-91; operative 12-12-91 (Register 92, No. 7).
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Sections
						985.2,
						987.6,
						987.51
						and
						987.78(a),
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 3 - Contract and Other Terms › Section 345.6 - Amounts to be Financed on Repossessed Properties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In cases
				  where the Department's financing is requested, the amount financed shall not
				  exceed the maximum purchase prices specified in Section
				  987.65
				  of the Military and Veterans Code.
(b) A purchaser of a repossessed property
				  that has a value higher than the maximum purchase prices referred to in (a)
				  above, must either provide cash to cover the difference between the sale price
				  of the property and the maximum purchase price, or obtain secondary financing
				  as described in Section
				  341.
1. New
					 section filed 11-12-91; operative 12-12-91 (Register 92, No. 7).
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Sections
						985.2,
						987.6,
						987.51 and
						987.78(a)
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 3 - Contract and Other Terms › Section 345.7 - Sales to Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  district office shall only accept offers from Department employees under the
				  following conditions:
(1) The employee submits
				  an offer that is for a higher dollar amount than all other acceptable offers
				  received;
(2) The employee's
				  financial status would not justify the denial of a loan under Section
				  309.1.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 4 - Insurance › Section 360 - Fire and Hazard Insurance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All properties purchased by the Department must be insured
					 against fire and other hazards for the full replacement cost of the
					 improvements or structures thereon. The insurance must be in such minimum
					 amount and placed with such company or companies as the Department may
					 determine from time to time, except that condominium units may be insured under
					 a master insurance policy covering the entire project and veterans must make
					 their own arrangements, subject to the approval of the Department, for
					 insurance on mobile homes.
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Section
						987.74,
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 5 - Disaster Indemnity › Section 370 - Disaster Indemnity Coverage

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department's Disaster Indemnity Fund covers the costs
					 of repairing structural damage to permanent improvements on Cal-Vet properties
					 caused by named perils set forth in Section
					 989.4
					 of the Military and Veterans Code. The deductible for each occurrence of loss
					 shall be as provided by law.
a)
				  Cosmetic damage, which is defined as that which is decorative or superficial
				  rather than functional, is covered only if in conjunction with structural
				  repairs.
1. Amendment
					 filed 3-24-98; operative 4-23-98 (Register 98, No. 13).
Note: Authority cited: Sections
						700
						and
						989.6,
						Military and Veterans Code. Reference: Section
						989.4,
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 2 - Veterans' Farm and Home Purchases › Subchapter 5 - Disaster Indemnity › Section 372 - Loss Valuation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall inspect and establish a value for
					 repair of damage which shall be limited to the amount necessary to repair or
					 restore permanent improvements to a condition substantially similar to that
					 which existed prior to the damage. In no event shall the amount of coverage
					 exceed the guaranteed replacement cost value of the property at time of loss.
					 The Department shall be the sole judge of the amount necessary to repair or
					 restore such improvements.
1. Amendment
					 filed 3-24-98; operative 4-23-98 (Register 98, No. 13).
Note: Authority cited: Sections
						700
						and
						989.6,
						Military and Veterans Code. Reference: Sections
						987.76(c)
						and
						989.4,
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 3 - Veterans' Services › Subchapter 3 - Veterans' Dependents' Educational Assistance › Section 430 - Determination of Eligibility and Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Division of Veterans Services shall review and
					 determine the eligibility and qualifications of each applicant for veterans'
					 dependents' educational assistance. Each applicant shall submit information, in
					 such form or forms as the Division may prescribe, which will enable it to
					 determine the applicant's eligibility and qualifications.
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Section
						892,
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 3 - Veterans' Services › Subchapter 3 - Veterans' Dependents' Educational Assistance › Section 433 - Allowances for Full- and Part-Time Students

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Full-time students are allowed expenses for tuition, other
					 fees, and a monthly allowance for books, supplies, and living expenses.
					 Part-time students shall be allowed expenses only for tuition, other fees,
					 books, and supplies. A full-time student is one who is enrolled for at least 12
					 semester units or the equivalent, except that dependent widows having minor
					 children under their care may be enrolled for 9 semester units or the
					 equivalent. Allowances may be adjusted according to availability of funds, and
					 no allowance may exceed the maximum rate authorized under Section
					 69566 of
					 the Education Code.
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Sections
						893-
						895,
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 3 - Veterans' Services › Subchapter 3 - Veterans' Dependents' Educational Assistance › Section 434 - High School Tuition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Allowances for high school tuition shall be limited to
					 students who require special custodial, intensive, remedial, or restorative
					 training not available through the California public school system.
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Sections
						892
						and
						895,
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 3 - Veterans' Services › Subchapter 3 - Veterans' Dependents' Educational Assistance › Section 435 - Correspondence Courses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Correspondence courses, other than through accredited
					 institutions of higher learning within the State of California, are not deemed
					 satisfactory or suitable under Section
					 892
					 of the Military and Veterans Code. Each subject taken through an approved
					 correspondence course must be completed for credit toward the student's
					 objective prior to payment of any educational assistance allowance.
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Section
						892,
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 3 - Veterans' Services › Subchapter 3.5 - College Fee Waiver Program › Section 440 - Approval Periods; Academic Year

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Grants of
				  College Fee Waiver benefits shall be made on a year-to-year (academic year)
				  basis. Applicants must reapply each year to maintain continuity of
				  benefits.
(b) An "academic year"
				  shall commence on the first day and terminate on the last day of an entire
				  academic year, as determined by the institutions of higher learning, and shall
				  include all special and summer sessions.
1. New
					 subchapter 3.5 (sections
					 440-442) and section filed 2-1-96;
					 operative 3-2-96 (Register 96, No. 5).
2. Editorial correction of
					 HISTORY 1 (Register 96, No. 9).
Note: Authority: Section
						700,
						Military and Veterans Code. Reference: Section
						32320,
						Education Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 3 - Veterans' Services › Subchapter 3.5 - College Fee Waiver Program › Section 441 - Effective Dates of Benefits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Entitlement can be established in advance for the upcoming
					 academic year, however, the earliest effective date for which entitlement can
					 be established for fee waiver purposes, will be the beginning date of the
					 academic year in which the application for benefits was received by the
					 Division of Veterans Services or its designees.
1. New
					 section filed 2-1-96; operative 3-2-96 (Register 96, No. 5).
Note: Authority: Section
						700,
						Military and Veterans Code. Reference: Section
						32320,
						Education Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 3 - Veterans' Services › Subchapter 3.5 - College Fee Waiver Program › Section 442 - Appeals; Appellate Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applicants who disagree with a denial of benefits or a
					 termination of benefits shall first appeal the decision to the Chief, Division
					 of Veterans Services. The appeal must be received in the Division within 90
					 days of the date of the letter which notified the applicant of the denial.
					 Appeals must be in written form, stating the specific reasons why benefits
					 should be granted, and mailed to: Chief, Division of Veterans Services,
					 California Department of Veterans Affairs, 1227 "O" Street, Sacramento, CA
					 95814.
1. New
					 section filed 2-1-96; operative 3-2-96 (Register 96, No. 5).
Note: Authority: Section
						700,
						Military and Veterans Code. Reference: Section
						86,
						Military and Veterans Code and Education Code Section
						32320.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 3 - Veterans' Services › Subchapter 4 - County Subvention › Section 450 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in Title 12, CCR, Sections
					 451,
					 452,
					 453,
					 454, and
					 455.
(a) "Annually available funds" are those
				  moneys made available to the California Department of Veterans Affairs
				  (Department) on an annual fiscal year basis, for the purpose of expanding the
				  support of, and contributing to the subvention of county operational costs of
				  the County Veteran Service Officer (CVSO). Funds are made available from the
				  following sources:
(1) State general fund
				  moneys through the annual fiscal year departmental budget or legislative
				  appropriation process.
(2) Federal
				  funds through contracting authority between the Department and the California
				  Departments of Health Services and Social Services.
(3) The Veterans Service Office Fund (VSOF)
				  as created by Military and Veterans Code Section
				  972.2
				  relating to the Veterans License Plate Program.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 3 - Veterans' Services › Subchapter 4 - County Subvention › Section 451 - General Administrative Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department shall disburse annually available funds for the subvention of
				  specific fiscal year operational costs of counties that have, through their
				  Boards of Supervisors:
(1) Appointed,
				  prescribed the qualifications for, and set the compensation of a veteran, to be
				  termed "County Veteran Service Officer" (CVSO), to administer the aid to
				  veterans provided for in Division 4, Chapter 5, Military and Veterans Code. In
				  the case of a vacant CVSO position, the Board of Supervisors must provide the
				  Department a Delegation of Authority letter within 30 days, and a new CVSO must
				  be appointed within six months, of the position becoming vacant.
(2) Appropriated and expended county funds
				  for the compensation and expense of the CVSO.
(3) Signed a fiscal year Certification of
				  Compliance agreement with the Department to administer aid to veterans and
				  comply with the policies, procedures, and regulations established by the
				  Department and the direction of its authorized representatives as those
				  policies pertain to the payment of annually available
				  funds.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 3 - Veterans' Services › Subchapter 4 - County Subvention › Section 452 - Operational Requirements of Participating Counties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each county
				  that has established a County Veterans Service Office shall institute the
				  organizational and administrative ability to carry out its obligations,
				  including but not limited to the following:
(1) The establishment and maintenance of a
				  data-reporting system that provides the information required on Department
				  prescribed workload activity report forms.
(2) The maintenance of financial records and
				  books of account fully disclosing the allocation and expenditure of county
				  funds and the disposition of all offsetting revenues and reimbursements
				  including Department funds allocated to the County Veterans Service Office
				  function. Such records and books shall be maintained on an accrual or modified
				  accrual basis in accordance with generally accepted accounting
				  principles.
(3) A workload activity
				  data collection system that provides documentation and justification for
				  reported workload activities.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 3 - Veterans' Services › Subchapter 4 - County Subvention › Section 453.1 - Veterans Service Office Fund Distribution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To the
				  extent appropriated by the Legislature, distribution of available moneys from
				  the Veterans Service Office Fund (VSOF) shall be made semi-annually on or after
				  December 31st and June 30th of each fiscal year, in accordance with subsections
				  (1) and (2) below:
(1) State Operations: The
				  amount appropriated in the annual budget act for state operations each year,
				  shall be allocated to Program 6995, "Veterans Claims and Rights" in the
				  California Department of Veterans Affairs. These funds shall be used to cover
				  staffing and related costs for the following purposes:
(A) Veterans Service Office Fund
				  administration, allocation, and auditing;
(B) Veterans License Plate Program
				  management, advertising, and publicity;
(C) The development, implementation and
				  operation of a Veterans Service Officer/Veterans Claims Representative Training
				  Program. This program shall provide a professional development curriculum
				  concentrating on skills necessary to function as a journeyperson Veterans
				  Representative and achieve and maintain Accreditation under the provisions of
				  Code of Federal Regulations Title 38 Sections
				  14.629 through
				  14.634.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 3 - Veterans' Services › Subchapter 4 - County Subvention › Section 454 - Federal Funded Cost Avoidance Programs; Audit and Fund Allocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department may annually negotiate a fiscal year interagency agreement with the
				  Departments of Health Care Services (DHCS) and Social Services (DSS), pursuant
				  to Military and Veterans Code Section
				  972.5,
				  to obtain sufficient federal funds to reimburse participating counties a
				  portion of their costs of performing cost avoidance activities as identified in
				  the agreement. The interagency agreement shall also contain provisions for
				  paying a portion of the Department's administrative costs of managing the
				  program.
(b) By May 15th of each
				  year, the Department shall make a midyear advance of a percentage of the
				  available funds, as determined by the Department, to participating counties
				  calculated by prorating the number of each county's reported first six months
				  fiscal year's reported cost avoidance workload activities against the statewide
				  total.
(c) The Department shall
				  audit each county as defined in Section
				  453(a).
(d) By December 15th of each year, the
				  Department shall calculate the cost avoidance allocation of federal funds for
				  the full term of the agreement based on the authenticated workload activities
				  verified by the Department's audit. The total amount of federal funds available
				  under contract, after reduction for reimbursement of the Department's
				  administrative costs, will be allocated to all participating counties by
				  prorating each county's audited cost avoidance workload against the statewide
				  total.
(e) Each county's annual
				  cost avoidance allocation shall not exceed the difference between the total
				  fiscal year CVSO expenditure and the total of the subvention payments made
				  pursuant to Section
				  453.
(f) The Department shall disburse the
				  allocated funds semi-annually, by May 15th and December 15th. Each
				  participating county's payment shall be the difference between the midyear
				  advance and the annual cost avoidance allocation.
(g) In the event an individual county's
				  annual cost avoidance allocation is less than the midyear advance, the county
				  shall repay any overpayment to the Department within 30 days of written notice
				  to the Board of Supervisors.
1. New
					 section filed 6-18-92; operative 7-20-92 (Register 92, No. 25).
2.
					 Amendment of subsections (a), (b), (d) and (f) filed 7-5-2018; operative
					 10-1-2018 (Register 2018, No. 27).
Note: Authority cited: Statutes of 1990, Chapter 535,
						Section 2; and Section
						700,
						Military and Veterans Code. Reference: Section
						972.5,
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 3 - Veterans' Services › Subchapter 4 - County Subvention › Section 455 - Administrative Appeal Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An appeal
				  procedure is available for counties which disagree with the audit findings
				  pursuant to Sections
				  453(a) and
				  454(c) and/or
				  disagree with being omitted from the annual allocation process pursuant to
				  Section 452(f).
(1) A written appeal shall be filed with the
				  Deputy Secretary of the Veteran Services Division of the Department within 30
				  days from either the date of the audit findings report or the date of the
				  mailing by the Department of the notification of omission from the annual
				  allocation. The written appeal shall be submitted according to the Department's
				  Procedure Manual for Subvention and Medi-Cal Cost Avoidance, dated October 1,
				  2018, and include the following:
(A) The name,
				  address, telephone number, signature, and date of signing of the chairman of
				  the County Board of Supervisors, or other county official authorized by the
				  Board to act on their behalf.
(B)
				  Full explanation of the reason for the appeal and complete supporting
				  documentation relevant to the resolution of the appeal.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 3 - Veterans' Services › Subchapter 5 - State Veterans Cemetery › Section 460 - Definition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"State Veterans Cemetery" is any state owned and operated
					 cemetery constructed, expanded, or improved using funds provided by federal
					 grant under the "State Cemetery Grants Program" established by Title 38 Code of
					 Federal Regulations Part 39 "Aid To States For Establishment, Expansion, And
					 Improvement Of Veterans' Cemeteries".
1. New
					 subchapter 5 (sections
					 460-461) and section filed
					 9-19-2005; operative 10-19-2005 (Register 2005, No. 38).
Note: Authority cited: Section
						700,
						Military and Veterans Code. Reference: Section
						1400,
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 3 - Veterans' Services › Subchapter 5 - State Veterans Cemetery › Section 461 - Persons Eligible for Burial

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  determining which persons are eligible for burial in a state veterans cemetery,
				  the Division of Veterans Services (Division) shall use the eligibility
				  requirements specified in Title 38 Code of Federal Regulations §
										38.620"Persons Eligible for
				  Burial" (Federal Register, Volume 70, Number 19 effective January 31, 2005),
				  which is hereby incorporated by reference in its entirety.
(b) The Division of Veterans Services, or its
				  designee, shall review and determine the eligibility of persons seeking burial
				  in a state veterans cemetery. Any person requesting burial of an applicant in a
				  state veterans cemetery shall submit an "Eligibility for Burial Benefits
				  Determination" application (VSD-002, dated June 2016), which is hereby
				  incorporated in its entirety, and supporting documentation as required by
				  VSD-002 to enable the Division to determine the applicant and dependent
				  eligibility.
1. New
					 section filed 9-19-2005; operative 10-19-2005 (Register 2005, No.
					 38).
2. Amendment of section and NOTE filed 8-30-2016; operative
					 8-30-2016 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2016, No. 36).
Note: Authority cited: Section
						1455,
						Military and Veterans Code. Reference: Sections
						1400,
						1410
						and
						1455,
						Military and Veterans Code.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 3 - Veterans' Services › Subchapter 5 - State Veterans Cemetery › Section 462 - Monuments and Memorials

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				  proposals for the construction, placement, or donation of monuments and
				  memorials to state veterans cemeteries shall be subject to the approval of the
				  Secretary of CalVet or his or her designee.
1.
				  For purposes of state veterans cemeteries the term 'monument or memorial' is
				  defined as any item that will be placed on state veteran cemetery grounds,
				  including any statue, sculpture, memorial plaque, structure, or landscape
				  feature, typically designed to perpetuate in a permanent manner the memory of a
				  group, event, a war, or similar major military conflict, a branch or major unit
				  of the U.S. Armed Forces, or other significant element of American military
				  history.
California Code of Regulations › Title 12 - Military and Veterans Affairs › Division 2 - Department of Veterans Affairs › Chapter 3 - Veterans' Services › Subchapter 5 - State Veterans Cemetery › Section 463 - Burial Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  department shall not charge a fee for initial burial of eligible
				  veterans.
(b) The fee for
				  subsequent burial of an eligible veteran for which a federal reimbursement has
				  already been awarded (for example, moving a veteran interred at a national
				  veterans cemetery to a state veterans cemetery) shall be equal to the current
				  published U. S. Department of Veterans Affairs burial rate for
				  veterans.
(c) The fee for the
				  interment of eligible spouses and children of veterans in a state veterans
				  cemetery shall be equal to the current published U.S. Department of Veterans
				  Affairs burial rate for veterans.
1. New
					 section filed 8-30-2016; operative 8-30-2016 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2016, No. 36).
Note: Authority cited: Section
						1455,
						Military and Veterans Code. Reference: Sections
						1400,
						1410
						and
						1455,
						Military and Veterans Code.