Cal. Code Regs. Tit. 2, § 211.1 - Limitations on Administrative Hearing or Medical Interpreter Certification for Non-Citizens

Current through Register 2021 Notice, Register No. 40, October 1, 2021

(a) All eligibility requirements contained herein shall be applied without regard to the race, creed, color, gender, religion, disability or national origin of the individual applying for the public benefit.
(b) Pursuant to Section 411 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, ( Pub. L. No. 104-193 (PRWORA)), ( 8 U.S.C. § 1621 ), and notwithstanding any other provision of this division, aliens who are not qualified aliens, nonimmigrant aliens under the Immigration and Nationality Act (INA) ( 8 U.S.C. § 1101 et seq.), or aliens paroled into the United States under Section 212(d)(5) of the INA ( 8 U.S.C. § 1182(d)(5) ), for less than one year, are not eligible to receive Administrative Hearing or Medical Interpreter Certification as set forth in Government Code Section 11435.30 and 11435.35.
(c) A qualified alien is an alien who, at the time he or she applies for or renews certification, is, under Section 431(b) of the PWRORA ( 8 U.S.C. § 1641(b) ), any of the following:
(1) An alien lawfully admitted for permanent residence under the INA ( 8 U.S.C. § 1101 et seq.).
(2) An alien who is granted asylum under Section 208 if the INA ( 8 U.S.C. § 1158 ).
(3) A refugee who is admitted to the United States under Section 207 of the INA ( 8 U.S.C. § 1157 ).
(4) An alien who is paroled into the United States under Section 212(d)(5) of the INA ( 8 U.S.C. § 1182(d)(5) ) for a period of at least one year.
(5) An alien whose deportation is being withheld under Section 243(h) of the INA ( 8 U.S.C. § 1253(h) ).
(6) An alien who is granted conditional entry pursuant to Section 203(a)(7) of the INA as in effect prior to April 1, 1980.
(7) An alien who, under Section 431(c)(1) of the PRWORA ( 8 U.S.C. § 1641(c)(1) ), meets all of the conditions of subparagraphs (A), (B), (C), and (D) below:
(A) The alien has been battered or subjected to extreme cruelty in the United States by a spouse or a parent, or by a member of the spouse's or parent's family residing in the same household as the alien, and the spouse or parent of the alien consented to, or acquiesced in, such battery or cruelty.
(B) In the opinion of the Attorney General of the United States, which opinion is not subject to review of any court, there is a substantial connection between such battery or cruelty and the need for the benefits to be provided.
(C) The alien has been approved or has a petition pending which sets forth a prima facie case for:
(i) status as a spouse or child of a United States citizen pursuant to clause (ii), (iii), or (iv) of Section 204(a)(1)(A) of the INA ( 8 U.S.C. § 1154(a)(1)(A)(ii), (iii) or (iv) ),
(ii) classification pursuant to clause (ii) or (iii) of Section 204(a)(1)(B) of the INA ( 8 U.S.C. § 1154(a)(1)(B)(ii) or (iii),
(iii) suspension of deportation and adjustment of status pursuant to Section 244(a)(3) of the INA ( 8 U.S.C. § 1254(a)(3) ), or
(iv) status as a spouse or child of a United States citizen pursuant to clause (i) of Section 204(a)(1)(A) of the INA ( 8 U.S.C. § 1154(a)(1)(A) ) or classification pursuant to clause (i) of Section204(a)(1)(B) of the INA ( 8 U.S.C. § 1154(a)(1)(B) ).
(D) For the period for which benefits are sought, the individual responsible for the battery or cruelty does not reside in the same household or family eligibility unit as the individual subjected to the battery or cruelty.
(8) An alien who, under Section 431(c)(2) of the PRWORA ( 8 U.S.C. § 1641(c)(2) ), meets all of the conditions of subparagraphs (A), (B), (C), (D) and (E) below:
(A) The alien has a child who has been battered or subjected to extreme cruelty in the United States by a spouse or a parent of the alien (without the active participation of the alien in the battery or cruelty), or by a member of the spouse's or parent's family residing in the same household as the alien, and the spouse or parent consented or acquiesced to such battery or cruelty.
(B) The alien did not actively participate in such battery or cruelty.
(C) In the opinion of the Attorney General of the United States, which opinion is not subject to review of any court, there is a substantial connection between such battery or cruelty and the need for the benefits to be provided.
(D) The alien meets the requirements of subsection (b)(7)(c) above.
(E) For the period for which benefits are sought, the individual responsible for the battery or cruelty does not reside in the same household or family eligibility unit as the individuals subjected to the battery or cruelty.
(d) For purposes of this section, "nonimmigrant" is defined the same as in Section 101(a)(15) of the INA ( 8 U.S.C. § 1101(a)(15) ).
(e) For purposes of establishing eligibility for the Administrative Hearing or Medical Interpreter Certification, prior to examination all of the following must be met:
(1) The applicant must declare himself or herself to be a citizen of the United States or a qualified alien under subsection (c), a nonimmigrant alien under subsection (d), or an alien paroled into the United States for less than one year under Section 212(d)(5) of the INA ( 8 U.S.C. § 1182(d)(5) ). The alien shall declare that status through use of the "Statement of Citizenship, Alienage, and Immigration Status for State Public Benefits," SPB Form 15.
(2) The applicant must present documents of a type acceptable to the Immigration and Naturalization Service (INS) which serve as reasonable evidence of the applicant's declared status. A fee receipt from the INS for replacement of a lost, stolen, or unreadable INS document is reasonable evidence of the alien's declared status.
(3) The applicant must complete and sign SPB Form 15.
(f)
(1) Pursuant to Section 434 of the PRWORA ( 8 U.S.C. § 1644 ), information regarding any applicant presenting the following documentation as reasonable evidence of the applicant's declared status under subsection (e)(2) shall be reported to the Immigration and Naturalization Service:
(A) The document presented indicates immigration status but does not include an alien registration or alien admission number.
(B) The document is suspected to be counterfeit or to have been altered.
(C) The document includes an alien registration number in the A60 000 000 (not yet issued) or A80 000 000 (illegal border crossing) series.
(D) The document is one of the following: an INS Form I-181b notification letter issued in connection with an INS Form I-181 Memorandum of Creation of Record of Permanent Residence, an Arrival-Departure Record (INS Form I-94) or a foreign passport stamped "PROCESSED FOR I-551, TEMPORARY EVIDENCE OF LAWFUL PERMANENT RESIDENCE" that INS issued more than one year before the date of application for the Administrative Hearing or Medical Interpreter Certification.
(2) Pursuant to Section 434 of the PRWORA ( 8 U.S.C. § 1644 ), where the Cooperative Personnel Services, working on behalf of the State Personnel Board, reasonably believes that an alien is unlawfully in the State based on the failure of the alien to provide reasonable evidence of the alien's declared status, after an opportunity to do so, said alien shall be reported to the Immigration and Naturalization Service.
(g) Eligibility for Administrative Hearing or Medical Interpreter Certification is established where subsections (e)(1)-(3) are satisfied. Any alien who provides documentation specified under subsection (f)(1) shall be eligible for Administrative Hearing or Medical Interpreter Certification until and unless the Cooperative Personnel Services, working on behalf of the State Personnel Board, receives written confirmation from the Immigration and Naturalization Service that the alien is not eligible for Administrative Hearing or Medical Interpreter Certification.
(h) Any applicant who is denied eligibility to take the examination for Administrative Hearing or Medical Interpreter Certification under this Section is entitled to file an appeal with the State Personnel Board within 30 days after service of the denial notice on the candidate. The appeal must be in writing and must contain arguments and materials that support the applicant's appeal. The State Personnel Board may chose either an investigatory or evidentiary hearing to resolve the appeal. The State Personnel Board shall make the final decision on the appeal.

Notes

Cal. Code Regs. Tit. 2, § 211.1

Note: Authority cited: Section 18701, Government Code. Reference: 8 U.S.C. §§ 1621, 1641 and 1642; Sections 11435.05 and 11435.35, Government Code; and Section 51.2, CCR.

1. New section filed 9-29-97; operative 9-29-97. Submitted to OAL for printing only (Register 97, No. 40).

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