(a) Application forms shall be available at
all Department offices and in one-stop centers, known as America's Job Centers
of California, established pursuant to the Workforce Innovation and Opportunity
Act of 2014 (29 U.S.C
3101 et seq.).
(b) An individual is considered to have
submitted an application when the individual or the individual's
representative, as appropriate:
(1) Has
applied for or requested services by:
(A)
Providing the information identified in Section
7044; or
(B) Completing a common intake application
form in a one-stop center requesting vocational rehabilitation services;
or
(C) Otherwise requesting
services from the Department; and
(2) Has provided the Department with
information necessary to initiate an assessment to determine eligibility and
priority for services; and
(3) Is
available to complete the assessment process.
(c) For the purposes of determining
eligibility within the timelines established in Section
7060 of these regulations, the date
of application shall be the date upon which all three conditions specified in
(b)(1) through (3) of this section are met.
(d) All applicants shall be provided all of
the following information:
(1) The date of
application as established in (c) of this section.
(2) Timelines for an eligibility
determination in accordance with Section
7060(a)(1) and (2)
of these regulations.
(3) The basis
for establishing a priority for services under an Order of Selection as set
forth in Chapter 2, Article 2 of these regulations.
(4) The right to appeal any determination
made by the Department that affects the provision of vocational rehabilitation
services through administrative review, mediation, and fair hearing as provided
in Chapter 12 of these regulations and the availability of assistance from the
Client Assistance Program.
(5) The
confidentiality of personal information, and Department policies and procedures
regarding its use and release, as specified in Chapter 2, Article 6 of these
regulations.
(6) That individuals
who receive vocational rehabilitation services from the Department must intend
to achieve an employment outcome. The applicant's completion of the application
process, as specified in (b) of this section, is sufficient evidence of the
individual's intent to achieve an employment outcome.
Notes
Cal. Code
Regs. Tit. 9, §
7041
Note: Authority cited: Sections
19006
and
19016,
Welfare and Institutions Code. Reference:
29 USC Sections
721 and
723;
29 USC Section
3151;
34 CFR Sections
361.36,
361.38,
361.41 and
361.42; and Sections 19011 and
19102, Welfare and Institutions Code.
1. Repealer and new
section filed 3-25-91; operative 4-25-91 (Register 91, No. 15).
2.
Change without regulatory effect amending subsection (a)(2) filed 9-12-91
pursuant to section 100, title 1, California Code of Regulations (Register 92,
No. 5).
3. Amendment of section and Note filed 6-6-94 as an
emergency; operative 6-6-94 (Register 94, No. 23). A Certificate of Compliance
must be transmitted to OAL by 10-4-94 or emergency language will be repealed by
operation of law on the following day.
4. Certificate of Compliance
as to 6-6-94 order transmitted to OAL 8-30-94 and filed 10-13-94 (Register 94,
No. 41).
5. Amendment of section heading, repealer and new section
and amendment of Note filed 3-4-2004; operative 4-3-2004 (Register 2004, No.
10).
6. Amendment of subsections (a) and (b)(1)(A)-(B) and amendment
of Note filed 11-21-2023; operative
1/1/2024
(Register
2023, No. 47).
