Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) All eligibility requirements contained herein
shall be applied without regard to the race, creed, color, gender, religion,
national origin, or disability 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. sec. 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. sec.
1101 et seq.), or aliens paroled into the United
States under Section 212(d)(5) of the INA (8 U.S.C. sec.
1182(d)(5)) for less than one
year, are not eligible to receive loans under the Direct Farm Loan Program
(Corporations Code 14070(e)), the Old Growth Diversification Loan Program
(Government Code section
15330(b)
and 16 U.S.C. sec. 21201 et seq.), and the Remove Underground Storage Tank Program
(RUST) (Government Code secs. 15399.12-15399.13), except as provided in 8 USCS
1621(c)(2).
(c) A qualified alien is an
alien who, at the time he or she applies for, receives, or attempts to receive a
public benefit, is, under Section 431(b) and (c) of the PRWORA (8 U.S.C. sec. 1641(b) and
(c) except as provided in any of the following:
(1) An alien who is lawfully admitted for
permanent residence under the INA (8 U.S.C. sec. 1101 et seq.).
(2) An alien who is granted asylum under Section
208 of the INA (8 U.S.C. sec.
1158).
(3) A refugee who is admitted to the United States
under Section 207 of the INA (8
U.S.C. sec. 1157).
(4) An alien who is paroled into the United States
under Section 212(d)(5) of the INA (8 U.S.C. sec.
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. sec.
1253(h)) (as in effect
immediately before the effective date of
Section 307
of division C of
Public Law
104-208) or Section 241(b)(3) of such Act
(8 U.S.C. sec.
1251(b)(3)) (as amended by
Section
305(a) of division C of
Public Law
104-208).
(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.
(8 U.S.C. sec.
1153(a)(7)) (See editorial note
under 8 U.S.C. sec.
1101, "Effective Date of 1980
Amendment.")
(7) An alien who is a Cuban
or Haitian entrant (as defined in Section 501(e) of the Refugee Education Assistance
Act of 1980 (8 U.S.C. sec.
1522 note)).
(8) An alien who 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. For purposes of this subsection, the term
"battered or subjected to extreme cruelty" includes, but is not limited to being the
victim of any act or threatened act of violence including any forceful detention,
which results or threatens to result in physical or mental injury. Rape,
molestation, incest (if the victim is a minor), or forced prostitution shall be
considered as acts of violence.
(B)
There is a substantial connection between such battery or cruelty and the need for
the benefits to be provided in the opinion of the Trade and Commerce Agency. For
purposes of this subsection, the following circumstances demonstrate a substantial
connection between the battery or cruelty and the need for the benefits to be
provided:
1. The benefits are needed to enable the
alien to become self-sufficient following separation from the abuser.
2. The benefits are needed to enable the alien to
escape the abuser and/or the community in which the abuser lives, or to ensure the
safety of the alien from the abuser.
3.
The benefits are needed due to a loss of financial support resulting from the
alien's separation from the abuser.
4.
The benefits are needed because the battery or cruelty, separation from the abuser,
or work absences or lower job performance resulting from the battery or extreme
cruelty or from legal proceedings relating thereto (including resulting child
support, child custody, and divorce actions) cause the alien to lose his or her job
or to earn less or to require the alien to leave his or her job for safety
reasons.
5. The benefits are needed
because the alien requires medical attention or mental health counseling, or has
become disabled, as a result of the battery or extreme cruelty.
6. The benefits are needed because the loss of a
dwelling or source of income or fear of the abuser following separation from the
abuser jeopardizes the alien's ability to care for his or her children (e.g.,
inability to house, feed, or clothe children or to put children into day care for
fear of being found by the abuser).
7.
The benefits are needed to alleviate nutritional risk or need resulting from the
abuse or following separation from the abuser.
8. The benefits are needed to provide medical care
during a pregnancy resulting from the abuser's sexual assault or abuse of, or
relationship with, the alien and/or to care for any resulting children.
9. Where medical coverage and/or health care
services are needed to replace medical coverage or health care services the alien
had when living with the abuser.
(C) The alien has a petition that has been
approved or has a petition pending which sets forth a prima facie case for:
1. 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. sec.
1154(a)(1)(A)(ii), (iii) or
(iv)),
2. classification pursuant to clause (ii) or (iii)
of Section 204(a)(1)(B) of the INA (8 U.S.C. sec. 1154(a)(1)(B)(ii) or
(iii)),
3. suspension of deportation and adjustment of
status pursuant to section 244(a)(3) of the INA (8 U.S.C. sec.
1254 as in effect prior to April 1, 1997
[Pub.L.
104-208,
sec.
501 (effective Sept. 30, 1996, pursuant to sec.
591); Pub.L.
104-208,
sec.
304 (effective April 1, 1997, pursuant to sec.
309); Pub.L.
105-33,
sec.
5581 (effective pursuant to sec. 5582)]
(incorrectly codified as "cancellation of removal under section 240 A of such Act [8
USCS Sec. 1229 b] (as in effect prior to April 1, 1997)."
4. 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. sec.
1154(a)(1)(A)(i)) or
classification pursuant to clause (i) of Section 204(a)(1)(B) of the INA
(8 USC section
1154(a)(1)(B)(i), or
5. cancellation of removal pursuant to Section 204
A(b)(2) of the INA (8 U.S.C.
section
1229b(b)(2)).
(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.
(9) An alien who
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.
For purposes of this subsection, the term "battered or subjected to extreme cruelty"
includes, but is not limited to being the victim of any act or threatened act of
violence including any forceful detention, which results or threatens to result in
physical or mental injury. Rape, molestation, incest (if the victim is a minor), or
forced prostitution shall be considered as acts of violence.
(B) The alien did not actively participate in such
battery or cruelty.
(C) There is a
substantial connection between such battery or cruelty and the need for the benefits
to be provided in the opinion of the Trade and Commerce Agency. For purposes of this
subsection, the following circumstances demonstrate a substantial connection between
the battery or cruelty and the need for the benefits to be provided:
1. The benefits are needed to enable the alien's
child to become self-sufficient following separation from the abuser.
2. The benefits are needed to enable the alien's
child to escape the abuser and/or the community in which the abuser lives, or to
ensure the safety of the alien's child from the abuser.
3. The benefits are needed due to a loss of
financial support resulting from the alien's child's separation from the
abuser.
4. The benefits are needed
because the battery or cruelty, separation from the abuser, or work absences or
lower job performance resulting from the battery or extreme cruelty or from legal
proceedings relating thereto (including resulting child support, child custody, and
divorce actions) cause the alien's child to lose his or her job or to earn less or
to require the alien's child to leave his or her job for safety reasons.
5. The benefits are needed because the alien's
child requires medical attention or mental health counseling, or has become
disabled, as a result of the battery or extreme cruelty.
6. The benefits are needed because the loss of a
dwelling or source of income or fear of the abuser following separation from the
abuser jeopardizes the alien's child's ability to care for his or her children
(e.g., inability to house, feed, or clothe children or to put children into day care
for fear of being found by the abuser).
7. The benefits are needed to alleviate
nutritional risk or need resulting from the abuse or following separation from the
abuser.
8. The benefits are needed to
provide medical care during a pregnancy resulting from the abuser's sexual assault
or abuse of, or relationship with, the alien's child and/or to care for any
resulting children.
9. Where medical
coverage and/or health care services are needed to replace medical coverage or
health care services the alien's child had when living with the
abuser.
(D) The alien meets
the requirements of subsection (c)(8)(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 individual subjected to the battery or
cruelty.
(10) An alien child
who meets all of the conditions of subparagraphs (A), (B), and (C) below:
(A) The alien child resides in the same household
as a parent who has been battered or subjected to extreme cruelty in the United
States by that parent's spouse or by a member of the spouse's family residing in the
same household as the parent and the spouse consented or acquiesced to such battery
or cruelty. For purposes of this subsection, the term "battered or subjected to
extreme cruelty" includes, but is not limited to, being the victim of any act or
threatened act of violence including any forceful detention, which results or
threatens to result in physical or mental injury. Rape, molestation, incest (if the
victim is a minor), or forced prostitution shall be considered acts of
violence.
(B) There is a substantial
connection between such battery or cruelty and the need for the benefits to be
provided in the opinion of the Trade and Commerce Agency. For purposes of this
subsection, the following circumstances demonstrate a substantial connection between
the battery or cruelty and the need for the benefits to be provided:
1. The benefits are needed to enable the alien
child's parent to become self- sufficient following the separation from the
abuser.
2. The benefits are needed to
enable the alien child's parent to escape the abuser and/or the community in which
the abuser lives, or to ensure the safety of the alien child's parent from the
abuser.
3. The benefits are needed due
to a loss of financial support resulting from the alien child's parent's separation
from the abuser.
4. The benefits are
needed because the battery or cruelty, separation from the abuser, or work absences
or lower job performance resulting from the battery or extreme cruelty or from legal
proceedings relating thereto (including resulting child support, child custody, and
divorce actions) cause the alien child's parent to lose his or her job or to earn
less or to require the alien child's parent to leave his or her job for safety
reasons.
5. The benefits are needed
because the alien child's parent requires medical attention or mental health
counseling, or has become disabled, as a result of the battery or extreme
cruelty.
6. The benefits are needed
because the loss of a dwelling or source of income or fear of the abuser following
separation from the abuser jeopardizes the alien child's parent's ability to care
for his or her children (e.g., inability to house, feed, or clothe children or to
put children into day care for fear of being found by the abuser).
7. The benefits are needed to alleviate
nutritional risk or need resulting from the abuse or following separation from the
abuser.
8. The benefits are needed to
provide medical care during a pregnancy resulting from the abuser's sexual assault
or abuse of, or relationship with, the alien child's parent and/or to care for any
resulting children.
9. Where medical
coverage and/or health care services are needed to replace medical coverage or
health care services the alien child's parent had when living with the
abuser.
(C) The alien child
meets the requirements of subsection (c)(8)(C) above.
(d) For purposes of this section, "nonimmigrant"
is defined the same as in Section 101(a)(15) of the INA (8 U.S.C. sec.
1101(a)(15)).
(e) For purposes of establishing eligibility for
public benefits under the Direct Farm Loan Program (Corporation Code section
14070(e), the Old Growth Diversification Loan Program (Government Code section
15330(b)
and 16 U.S.C. section 21201 et seq.), and the Remove Underground Storage Tank
Program (RUST) (Government Code sections
15399.12-
15399.13), all
of the following must be met:
(1) The applicant
must declare himself or herself to be a citizen of the United States, 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. sec.
1182(d)(5)). The applicant shall
declare that status through use of the "Statement of Citizenship, Alienage, and
Immigration Status for State Public Benefits" Form, which form is identified as CTCA
Form 046, June 17, 1998 edition, and hereby incorporated by reference.
(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 the "Statement of Citizenship, Alienage, and
Immigration Status for State Public Benefits," Form.
(4) Where the documents presented do not on their
face reasonably appear to be genuine or to relate to the individual presenting them,
the government entity that originally issued the documents shall be contacted for
verification. With regard to naturalized citizens and derivative citizens presenting
certificates of citizenship and aliens, the INS is the appropriate government entity
to contact for verification. The Trade and Commerce Agency shall request
verification from the INS by filing INS Form G-845 with copies of the pertinent
documents provided by the applicant with the local INS office. If the applicant has
lost his or her original documents or presents expired documents or is unable to
present any documentation evidencing his or her immigration status, the applicant
shall be referred to the local INS office to obtain documentation.
(5) The type of documentation referred to the INS
for verification pursuant to INS Form G-845 shall include the following:
(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 a loan under the Direct Farm Loan
Program (Corporation Code sec. 14070(e)), the Old Growth Diversification Loan
Program (Government Code section
15330(b)
and 16 U.S.C. sec. 21201 et seq.), and the Remove Underground Storage Tank Program
(RUST) (Government Code sections
15399.12-
15399.13).
(6) If the INS advises that the applicant has
citizenship status or immigration status which makes him or her a qualified alien, a
nonimmigrant or alien paroled for less than one year under section 212(d)(5) of the
INA, the INS verification shall be accepted. If the INS advises that it cannot
verify that the applicant has citizenship status or an immigration status that makes
him or her a qualified alien, a nonimmigrant or an alien paroled for less than one
year under section 212(d)(5) of the INA, benefits shall be denied and the applicant
notified pursuant to the regular procedures of the Direct Farm Loan Program
(Corporation Code sec. 14070(e), the Old Growth Diversification Loan Program
(Government Code section
15330(b)
and 16 U.S.C. sec. 21201 et seq.), and the Remove Underground Storage Tank Program
(RUST) (Government Code sections
15399.12-
15399.13), as
may be applicable, of his or her rights to appeal the denial of
benefits.
(f) Pursuant to
Section 434 of the PRWORA (8
U.S.C. sec. 1644), where the Trade and Commerce
Agency 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) Provided
that the alien has completed and signed the "Statement of Citizenship, Alienage, and
Immigration Status for State Public Benefits," (CTCA Form 046, June 17, 1998
edition) under penalty of perjury, eligibility for the Direct Farm Loan Program
(Corporation Code sec. 14070(e)), the Old Growth Diversification Loan Program
(Government Code 15330(b)) and (16 U.S.C. sec. 21201 et seq.), and the Remove
Underground Storage Tank Program (RUST) (Government Code sections
15399.12-
15399.13),
shall not be delayed, denied, reduced or terminated while the status of the alien is
verified.
(h) Pursuant to Section 432(d)
of the PRWORA (8 U.S.C. sec.
1642(d)), a nonprofit charitable
organization that provides federal, state or local public benefits shall not be
required to determine, verify, or otherwise require proof of eligibility of any
applicant or beneficiary with respect to his or her immigration status or
alienage.
(i) The Secretary shall notify
the applicant by certified letter that the applicant is ineligible for a public
benefit pursuant to subsections (b) and (e), or that the public benefit is
terminated or suspended pursuant to subsections (b) and (e). The letter shall
include the following:
(1) The name and address of
the applicant.
(2) The reason for the
ineligibility and/or termination or suspension of the public benefit.
(3) A copy of Section
4001, Title 10, California Code of
Regulations.
(4) A statement informing
the applicant that he or she has the right to request a hearing to contest the
Secretary's decision pursuant to the procedure described in subsection
(j).
(j) An applicant who has
been denied a loan in any of the above enumerated programs based solely upon the
applicant's immigration status, may request a hearing to appeal that decision. The
request for a hearing shall be in writing and shall be submitted to the Secretary no
later than fifteen (15) calendar days following the mailing of the subsection (i)
letter. The hearing shall be conducted as follows:
(1) The applicant shall have the right to be
represented by legal counsel at the hearing.
(2) The proceedings of the hearing shall be
recorded by an electronic tape recording system.
(3) At the hearing the Agency's representative and
the applicant may make statements and submit evidence regarding the applicant's
eligibility.
(4) The Secretary or his or
her designee may ask the Agency's representative and the applicant questions
regarding the applicant's eligibility.
(5) At or within 10 days following the conclusion
of the hearing, the Secretary or his or her designee shall make a decision which
contains findings or reasons for the decision.
(6) The Agency shall provide the applicant, by
certified mail, a copy of the Secretary's or his or her designee's
decision.
(7) The applicant may request
judicial review by filing a writ of mandate in accordance with provisions of the
Code of Civil Procedure.
1. New chapter 6.50
(section 4001) and section filed 6-25-98 as an emergency; operative 6-25-98
(Register 98, No. 26). A Certificate of Compliance must be transmitted to OAL by
10-23-98 or emergency language will be repealed by operation of law on the following
day. For prior history of chapter 6.50 (sections 4000-4009), see Register 92, No.
39.
2. Repealer of chapter 6.50 and section by operation of Government
Code section
11346.1(g)
(Register 99, No. 38).
3. New chapter 6.50 (section 4001) and section
filed 9-14-99; operative 10-14-99 (Register 99, No.
38).
Note: Authority cited: Section
14024,
Corporations Code; Sections
15330(b)
and
15399.16,
Government Code; and 16 U.S.C. Section 21201 et seq. Reference: Sections
15330(b)
and
15399.12-
15399.13,
Government Code; Section
14070(e),
Corporations Code; and 8 U.S.C.
Sections 1621,
1641 and
1642.
