Current through Register 2024 Notice Reg. No. 12, March 22, 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.