California Code of Regulations
Title 25 - Housing and Community Development
Division 1 - Housing and Community Development
Chapter 7 - Department of Housing and Community Development Programs
Subchapter 7 - Office of Migrant Services
Article 1 - General
Section 7602 - Definitions

Universal Citation: 25 CA Code of Regs 7602

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) "Agricultural employment" means work on either a farm, ranch or orchard, or the processing of agricultural products.

(b) "Applicant" means an individual who signs an application for admission to a migrant housing center.

(c) "Contractor" means a housing authority, school district, health agency or other appropriate local public or private nonprofit agency and its agents and other appropriate local public or private nonprofit agency and its agents and employees which has contracted with the Department to operate and maintain and provide services for one or more migrant centers pursuant to Subchapter 8.5 of Part 2 of Division 31 of the Health and Safety Code, commencing with Section 50710.

(d) "Department" means the Department of Housing and Community Development, Office of Migrant Services.

(e) "Earned income" means income received as payment for work.

(f) "Household" means immediate family members who reside, or who have made application to reside together, as a single family at a migrant center.

(g) "Immediate family" means a migrant center resident and his or her parents, children and spouse, or any other related dependents or persons who regularly live with the family and whose income(s) and resources are available for use in meeting the living expense of the group. In addition to sons and daughters of a resident, "children" shall include minors who are financially dependent on a resident, whether or not they are related to the resident. "Spouse" shall include a person who acts as the husband or wife of the resident, whether or not they are legally married.

(h) "Migrant center" and "migrant housing center" mean a housing center administered by the Department and operated by a contractor for the purpose of providing housing for migratory agricultural workers pursuant to Health and Safety Code section 50710 and shall include all housing units, common areas and structures, equipment and furniture within a housing center, excepting those facilities owned exclusively by a contractor or other interests and not meant for the use of migratory agricultural workers.

(i) "Migratory agricultural worker" means an individual who:

(1) has the employment status of one of the following:
(A) during the current or preceding calendar year, derived at least 50 percent of his/her total annual household earned income from agricultural employment, or

(B) can produce current evidence of a current job offer in agricultural employment; and

(2) performs, has performed, or will perform such agricultural labor during the current or preceding calendar year under conditions which require roundtrip travel exceeding 100 miles per day such that he/she was unable to return to his/her chosen place of residence within the same day of labor; and

(3) has resided together with his/her immediate family outside a 50 mile radius of the migrant center for at least 3 months out of the preceding 6 month period.

(j) "Operating costs" means the amount of the total expenditures necessary to pay for the costs of operating a migrant family housing center in compliance with Sections 50710 through 50713 of the Health and Safety Code and Sections of Title 257601 through 7665 of Title 25 of the California Code of Regulations. Costs shall include permanent salaries/wages, temporary salaries/wages, and personnel benefits; center office supplies, household supplies, communication, travel and gas/oil; minor equipment and repair/maintenance; purchases under $150.00; major equipment purchase and repair/maintenance, equipment rental, electricity, and gas; garbage, trash, sewer, and water; other costs; electric/plumbing/paint/solar supplies and services; lumber and materials; grounds maintenance; rehabilitation and repairs; debt service; replacement reserves; administrative support services, travel and auditing expenses.

(k) "Resident" means an individual migratory agricultural worker who signs a lease to reside in a migrant center.

1. Amendment filed 2-26-82; effective thirtieth day thereafter (Register 82, No. 9).
2. Amendment filed 11-2-88; operative 12-2-88 (Register 88, No. 46).
3. Editorial correction of subsection (d) (Register 95, No. 30).
4. Amendment of subsections (g) and (j) filed 2-22-96; operative 2-22-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 8).
5. Change without regulatory effect amending subsections (g) and (j) filed 7-31-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 31).
6. Amendment of subsections (g), (i)(1)(A) and (j) filed 3-17-98; operative 3-17-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 12).

Note: Authority cited: Section 50710, Health and Safety Code. Reference: Sections 50710 and 50712.5, Health and Safety Code.

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