California Code of Regulations
Title 25 - Housing and Community Development
Division 1 - Housing and Community Development
Chapter 5.5 - Qualification for Public Benefits
Section 5814 - Responsibility for Eligibility Determination
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Eligibility of an applicant shall be determined by the enforcement agency, as part of its ongoing program enforcement responsibilities. An enforcement agency other than the department may refer the verification of alien applicants to the department by transferring to the department's Division of Codes and Standards copies of all documentation presented by the applicant and the department's fee pursuant to subdivision (d) of Section 5814. Each enforcement agency which is performing verifications shall maintain the appropriate documentation for each recipient of public benefits or applicant whose eligibility it has determined. Where the eligibility of an applicant for a public benefit has already been verified as part of an eligibility process for another program subject to PRWORA, that verification shall be deemed adequate for purposes of this chapter, and documentation of such verification shall be maintained in the applicant's file.
(b) The failure of a local enforcement agency which is performing verifications to perform eligibility verifications as required by this chapter may, in the department's discretion, be considered a failure to perform the duties of an enforcement agency under applicable program regulations.
(c) Any enforcement agency other than the department which verifies eligibility may charge applicants a reasonable fee for determining eligibility, not to exceed the actual cost of performing the verification. When an enforcement agency other than the department refers the verification of an applicant's eligibility to the department as provided in subdivision (a), the enforcement agency shall collect from the applicant and transmit to the department the fee pursuant to subdivision (d).
(d) The department may charge a fee of $13.00 for each verification it performs.
(e) An enforcement agency, including the department, shall not be liable for any action, delay, error or failure by the INS in operating the Systematic Alien Verification for Entitlements (SAVE) system or any other verification process, or by any other public agency to which the enforcement agency applies to obtain information the enforcement agency deems necessary to its determination of the eligibility of an applicant to receive public benefits.
1. New section filed 3-20-98 as an emergency; operative 4-6-98 (Register 98, No. 12). A Certificate of Compliance must be transmitted to OAL by 8-4-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 8-4-98 as an emergency; operative 8-4-98 (Register 98, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-4-98 order transmitted to OAL 12-1-98 and filed 1-14-99 (Register 99, No. 3).
Note: Authority cited: Sections 17003.5, 17020, 18015, 18020, 18300, 19990, 19991.3 and 50406(f), Health and Safety Code; and Section 15376, Government Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; Sections 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376, Government Code.
