Cal. Code Regs. Tit. 9, § 7264.6 - Eligibility Determination Process

Current through Register 2022 Notice Reg. No. 14, April 8, 2022

(a) Within five working days of receipt of the information specified in Section 7263.5, the District or Branch office shall initiate an eligibility determination to ensure that the non-financial eligibility requirements specified in the following sections are met:
(1) Section 7263(a)(4)(A) or (B) for applicants for the Transportation Loan Guarantee Program.
(A) When needed to determine whether the applicant is an eligible person as defined in Section 7263(a)(4)(B), the Department shall:
1.Conduct an eligibility determination for vocational rehabilitation services pursuant to Section 7060 et seq.; and
2.For applicants who are determined to be eligible for vocational rehabilitation services, determine the applicant's priority category under order of selection pursuant to Section 7050 and determine whether the applicant will be placed on the order of selection waiting list pursuant to Section 7053.
(B) When it is necessary for the Department to make the determination(s) specified in (a)(1)(A), the applicant's loan guarantee request shall be held pending the outcome of such determination(s).
(2) Section 7264.4 for applicants for the Assistive Technology Loan Guarantee Program. If proof of denial of coverage must be submitted in accordance with Section 7264.4(a)(2)(B) 1. or 2., the loan guarantee request shall be held pending the completion of the action(s) required by those regulations.
(b) Upon completion of the non-financial eligibility determination, the District or Branch office shall take either of the following actions, as appropriate:
(1) Refer applicants who are eligible based upon the non-financial eligibility determination to the Program Administrator. The referral shall include all of the information collected during the application and non-financial eligibility determination process.
(2) Deny the loan guarantee request when the applicant does not meet the non-financial eligibility criteria or refuses to cooperate with any phase of the non-financial eligibility determination process.
(c) Within five working days of receipt of a referral specified in (b)(1), the Program Administrator shall initiate an eligibility determination to ensure that the following financial eligibility criteria are met:
(1) There are sufficient funds in the appropriate account to cover the loan guarantee.
(2) Based upon the applicant's household income and current expenses, it appears that the applicant has sufficient income to make the monthly loan repayment.
(3) Based upon the applicant's employment or income history over the previous year, it appears that the applicant will not default on the loan.
(4) The household income of an applicant for the Transportation Loan Guarantee program is within the limits specified in Section 19461, Welfare and Institutions Code.
(d) Upon completion of the financial eligibility determination, the Program Administrator shall take either of the following actions, as appropriate:
(1) Contact a lender who will mail its standard loan application to the applicant when the applicant is eligible based upon the financial eligibility determination.
(2) Deny the loan guarantee request when any of the following conditions exist:
(A) There are insufficient funds in the account to cover the amount of the loan request.
(B) The applicant does not meet the financial eligibility criteria.
(C) The applicant refuses to cooperate with any phase of the financial eligibility determination.

Notes

Cal. Code Regs. Tit. 9, § 7264.6

Note: Authority cited: Sections 19006, 19016 and 19470, Welfare and Institutions Code. Reference: Sections 19460- 19470 and 19853, Welfare and Institutions Code.

1. New section filed 4-5-94; operative 5-5-94 (Register 94, No. 14)
2. Amendment of section heading, section and Note filed 5-17-2001; operative 5-17-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 20).

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