California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 3 - Department of Rehabilitation
Chapter 2 - Referral and Application Processes; Order of Selection; Eligibility; Record of Services; Individualized Plan for Employment (IPE)
Article 5 - The Individualized Plan for Employment (IPE)
Section 7136.6 - Self-Employment; Assessing the Self-Employment Setting

Universal Citation: 9 CA Code of Regs 7136.6

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

(a) The Department shall support an eligible individual's choice to work in a self-employment setting only when it determines that the proposed self-employment setting is appropriate.

(b) A proposed self-employment setting is appropriate when:

(1) Working in the proposed self-employment setting is consistent with the individual's personal attributes, including the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice;

(2) The proposed small business in which the individual will be self-employed is reasonably likely to produce sufficient income, within a reasonable period after the individual begins operating the business, not to exceed 12 months, to:
(A) Pay the necessary ongoing operating expenses of the small business, as specified in Section 7136.8 of these regulations; and

(B) Yields an income that is comparable to the income received by other individuals who are not individuals with disabilities and who are self-employed in similar occupations or on similar tasks and who have similar training, experience, and skills; and

(3) The individual is able to obtain all resources necessary to establish and operate the proposed small business, including any resources necessary to fund the ongoing operating expenses of the business and to support the individual's basic living expenses during the period until the small business produces the income specified in subsection (b)(2) of this section.

(c) To determine whether a proposed self-employment setting is appropriate, the Department shall consider any existing information; the summary of the proposed small business specified in Section 7136.5(c) of these regulations; and, to the extent additional information is necessary, information obtained through assessments (including, if appropriate, development and review of a Small Business Plan) consistent with Sections 7001.5, 7128, 7130.5, 7136.7, 7136.8, 7136.9, and 7149(b) of these regulations.

1. New section filed 2-28-2008; operative 3-29-2008 (Register 2008, No. 9).
2. Repealer and new subsection (b)(2)(B), amendment of subsection (c) and amendment of 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 Sections 705, 720, 722 and 723; 34 CFR Sections 361.1, 361.5, 361.13, 361.45, 361.46, 361.48 and 361.50; and Sections 19011 and 19150, Welfare and Institutions Code.

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