Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) An individual may become a Certified
Application Counselor according to the following process:
(1) The Certified Application Entity shall notify
the Exchange of the individual to be affiliated according to the process described
in subdivision (c) of this section.
(2)
The individual shall:
(A) Submit the following:
1. All information, documentation, and
declarations required in subdivision (b) of this section; and
2. An executed agreement conforming to the roles
and responsibilities defined in Section
6864 and
45 C.F.R. §
155.225;
(B) Within 30 calendar days of completing the
requirements in (a)(2)(A) of this section:
1.
Submit fingerprinting images in accordance with Section
6858(a);
2. Disclose to the Exchange all criminal
convictions and administrative actions taken against the applicant;
3. Complete the required training established in
Section 6860; and
4. Pass the required certification exam
administered by the Exchange pursuant to Section
6860.
(3) Individuals who complete the above
requirements, pass the Certified Application Counselor fingerprinting and criminal
record check described in Section
6858, and have no administrative
actions taken against them which are substantially related to the qualifications,
functions, or duties of the specific position sought, shall be certified as
Certified Application Counselors by the Exchange.
(4) Applicants who have been denied for reasons
other than failure to pass the Certified Application Counselor fingerprinting and
criminal record check may appeal the denial of their Certified Application Counselor
application through the process established by Section
6862.
(b) An individual's application to become a
Certified Application Counselor shall contain the following information:
(1) Legal name, e-mail address, and primary phone
number;
(2) Driver's license number or
identification number issued by the California Department of Motor Vehicles. If
neither is available, the applicant may provide any other unique identifier found on
an identification card issued by a federal, state, or local government agency or
entity;
(3) Identification of the
Certified Application Entity that the individual will affiliate with;
(4) Affiliated Certified Application Entity's
primary site location address;
(5)
Site(s) served by the individual;
(6)
Mailing address of the primary site for the Certified Application Entity;
(7) The languages that the Certified Application
Counselor can speak;
(8) The languages
that the Certified Application Counselor can write;
(9) A certification by the individual that:
(A) The individual complies with the Certified
Application Counselor agreement required by subdivision (a)(2)(A)2. of this section
as well as all requirements as set forth in this Article, including but not limited
to Section 6866;
(B) The individual is a natural person of not less
than 18 years of age;
(C) The statements
made in the application are true, correct, and complete to the best of his or her
knowledge and belief;
(D) The individual
will abide by all applicable privacy and security standards, including but not
limited to those set forth in the agreement between the certified application entity
and the Exchange required by Section
6854(a)(4)(B)1.;
and
(E) The individual will adhere to
all applicable state and federal laws and regulations.
(10) Signature and date
signed.
(c) A Certified
Application Entity shall notify the Exchange of every individual to be added or
removed as an affiliated Certified Application Counselor. Such notification shall
include:
(1) Name of the Certified Application
Entity and the Certified Application Entity number;
(2) Name and signature of the Authorized Contact
from the Certified Application Entity;
(3) Name, e-mail, and primary phone number of the
individual to be added or removed;
(4)
Effective date for the addition or removal of the individual; and
(5) Site(s) that the individual will serve or
served.
1. New section
filed 7-6-2015 as an emergency pursuant to Government Code section
100504(a)(6),
as modified by Senate Bill (Stats. 2015, c. 18); operative 7-6-2015 (Register 2015,
No. 28). A Certificate of Compliance must be transmitted to OAL by 7-6-2018 pursuant
to Government Code section
100504(a)(6)
or emergency language will be repealed by operation of law on the following
day.
2. Refiling of 7-6-2015 order 9-21-2017, including amendment of
subsections (b)(1) and (b)(9)(A)-(C), new subsections (b)(9)(D)-(E), repealer of
subsections (c)(5)-(c)(5)(B) and new subsection (c)(5), as a deemed emergency
pursuant to Government Code section
100504(a)(6);
operative 9-21-2017 (Register 2017, No. 38). Senate Bill 833 (stats 2016, c.30)
modified Government Code section
100504(a)(6)
to extend the date upon which a Certificate of Compliance must be transmitted to
OAL; a Certificate of Compliance must be transmitted to OAL by 7-6-2020 pursuant to
Government Code section
100504(a)(6)
or emergency language will be repealed by operation of law on the following
day.
3. Certificate of Compliance as to 7-6-2015 order, including
amendment of section and NOTE, transmitted to OAL 4-25-2019 and filed 6-7-2019;
amendments operative 6-7-2019 pursuant to Government Code section
11343.4(b)(3)
(Register 2019, No. 23).
4. Editorial correction of HISTORY 1 (Register
2019, No. 39).
Note: Authority cited: Section
100504,
Government Code. Reference: Sections
1043 and
100502,
Government Code; and 45 C.F.R.
Sections 155.205 and
155.225.
