California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 3 - Department of Rehabilitation
Chapter 12 - Administrative Review, Mediation, Fair Hearing and Discrimination Complaint Procedures
Article 1 - General Provisions and Administrative Reviews
Section 7351 - General Provisions
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Any applicant, client, former client, or student with a disability of the Vocational Rehabilitation or Independent Living Services programs who is dissatisfied with any action or inaction of the Department relating to the application for or receipt of services, shall have an opportunity for a prompt administrative review by the supervisory staff of the Department and/or a formal fair hearing. Any applicant, client, former client, or student with a disability of the Vocational Rehabilitation program may also request mediation by a qualified impartial mediator to resolve disputes involving any action or inaction of the Department that affects the provision of vocational rehabilitation services.
(b) Any applicant, client, former client, or student with a disability, who believes he/she has been discriminated against by a Department employee, a contractor or grantee of the Department, or an employee of a contractor or grantee based upon any of the protected statuses of race, color, religious creed, ancestry, national origin, sexual orientation, marital status, medical condition, physical or mental disability, sex, or age shall have an opportunity for a prompt administrative review by the supervisory staff or, as appropriate, by a contractor or grantee, and/or an informal Equal Employment Opportunity Counselor review followed, when necessary, by a formal investigation by the Department's Office of Civil Rights and Affirmative Action.
(c) The administrative review process is optional and shall not delay a fair hearing or, in the case of alleged discrimination, an informal Equal Employment Opportunity Counselor review followed, when necessary, by a formal investigation by the Department's Office of Civil Rights and Affirmative Action, unless the appellant or complainant and/or authorized representative and the Department agree to a delay. The mediation process is also optional and shall not delay a fair hearing, unless all parties agree to a continuation of the hearing.
(d) Notwithstanding (b), an applicant, client, former client, or student with a disability may file a formal complaint with the U.S. Department of Education, Office for Civil Rights at any time.
(e) Any service(s) currently being provided an individual under an Individualized Plan for Employment (IPE) shall not be suspended, reduced, or terminated pending a final determination pursuant to administrative review provided pursuant to Section 7353 or the final decision pursuant to Section 7358, unless:
1. Editorial
transfer from division 2.1 of title 22 (section
48000) to chapter 3 of title 9 (section
7350) (Register 78, No. 41). For history
of former section
48000, see Registers 70, Nos. 29, 26 and
12; 69, No. 26.
2. Repealer of subchapter 11 (section
7350) and new subchapter 11 (sections
7350-7359) filed 12-14-79; effective
thirtieth day thereafter (Register 79, No. 50).
3. Renumbering of chapter
11 (sections 7350-7359) to chapter 12 filed 6-21-90;
operative 7-21-90 (Register 90, No. 35).
4. Renumbering and amendment of
former section 7350 to section
7351 filed 9-19-91; operative 10-21-91
(Register 91, No. 52).
5. Amendment of subsection (a) and NOTE filed
12-1-93 as an emergency; operative 12-1-93 (Register 93, No. 49). A Certificate of
Compliance must be transmitted to OAL by 3-30-94 or emergency language will be
repealed by operation of law on the following day.
6. Certificate of
Compliance as to 12-1-93 order transmitted to OAL 3-15-94 and filed 4-19-94
(Register 94, No. 16).
7. New subsections (b) and (d), redesignation and
amendment of subsection (c) and amendment of NOTE filed 7-6-94; operative 8-5-94
(Register 94, No. 27).
8. Amendment of subsections (b) and (d), new
subsections (e)-(e)(2) and amendment of NOTE filed 2-10-99; operative 3-12-99
(Register 99, No. 7).
9. Amendment of subsections (a) and (c) and
amendment of NOTE filed 9-27-2000 as an emergency; operative 9-27-2000 (Register
2000, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-25-2001
or emergency language will be repealed by operation of law on the following
day.
10. Certificate of Compliance as to 9-27-2000 order transmitted to
OAL 1-5-2001 and filed 2-20-2001 (Register 2001, No. 8).
11. Amendment of
subsections (a), (c) and (e) filed 7-27-2012 as an emergency; operative 7-27-2012
(Register 2012, No. 30). Pursuant to Welfare and Institutions Code section
19710,
this action is a deemed emergency and the emergency regulations are exempt from OAL
review. A Certificate of Compliance must be transmitted to OAL by 1-23-2013 or the
emergency action will be repealed by operation of law on the following
day.
12. Amendment of subsections (a), (c) and (e) refiled 1-17-2013 as
an emergency; operative 1-17-2013 (Register 2013, No. 3). Pursuant to Welfare and
Institutions Code section
19710,
this action is a deemed emergency and the emergency regulations are exempt from OAL
review. A Certificate of Compliance must be transmitted to OAL by 4-17-2013 or
emergency language will be repealed by operation of law on the following
day.
13. Certificate of Compliance as to 1-17-2013 order transmitted to
OAL 1-29-2013 and filed 3-5-2013 (Register 2013, No. 10).
14. Amendment
of section and NOTE filed 2-17-2023; operative 2-17-2023 pursuant to Government Code
section
11343.4(b)(3)
(Register 2023, No. 7).
Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 29 USC 722; 34 CFR 100.6, 104.7(b), 104.51, 104.61, 361.57; and Sections 19703 and 19704, Welfare and Institutions Code.
