Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Any individual
with a disability shall have a right to:
(1) Be
treated with respect for individual dignity, personal responsibility,
self-determination, and pursuit of a meaningful career based on informed choice,
consistent with principles established in Section
2 of the Act.
(2) Apply for services from the Department in
accordance with Section
7041 of these regulations.
(3) Be referred by the Department to other
appropriate Federal and State programs, including other components of the workforce
investment system, under conditions specified in Section
7037 of these regulations, or be
referred to a local extended employment provider under conditions specified in
Section 7038 of these
regulations.
(b) Any applicant
or eligible individual, as appropriate, shall have a right to:
(1) Be an active and full partner in the
vocational rehabilitation process and exercise informed choice throughout the
vocational rehabilitation process in accordance with Section
7029.6 of these regulations.
(2) Have his or her eligibility determined within
60 days of the date of application, under conditions specified in Section
7060 of these regulations.
(3) If determined to be eligible, have his or her
priority category determined for the purposes of an Order of Selection in accordance
with Chapter 2, Article 2 of these regulations.
(4) Have personal information collected and
maintained by the Department kept confidential and request that documentation in his
or her record of services be amended in accordance with the requirements of Chapter
2, Article 6 of these regulations. The right to confidentiality shall continue after
the record of services is closed.
(5) If
determined to be eligible, develop all or part of his or her Individualized Plan for
Employment (IPE) in accordance with Chapter 2, Article 5 of these regulations and
receive a periodic, but at least annual, review of his or her IPE in accordance with
Section 7133 of these regulations.
(6) Receive appropriate services without undue
delay, except where the delay results from circumstances beyond the Department's
control, such as the absence of training openings at schools or facilities, or
unanticipated changes in the program due to new information or conditions.
(7) Appeal any determination made by the
Department that affects the provision of vocational rehabilitation services through
administrative review, mediation, and fair hearing under conditions specified in
Chapter 12 of these regulations. Determinations that may be appealed include a
determination that an applicant is ineligible for services or that an individual who
was previously eligible is no longer eligible for services.
1. New chapter 1.7
(sections 7029.7-7029.9) and section filed
3-4-2004; operative 4-3-2004 (Register 2004, No. 10).
Note: Authority cited: Sections
19006
and
19016,
Welfare and Institutions Code. Reference:
29 USC Sections
701(a) and (c),
720,
721(a)(5), (19)
and (20), and
722;
34 CFR Sections
361.36,
361.37,
361.38,
361.41,
361.42,
361.43,
361.45,
361.50,
361.52 and
361.57; Sections
1798.1,
1798.21 and
1798.35, Civil Code; and Sections
19000(d) and
(e),
19011
and
19102,
Welfare and Institutions Code.
