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