California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 3 - Department of Rehabilitation
Chapter 3 - Vocational Rehabilitation Services for Individuals with Disabilities
Article 5 - Transportation Services
Section 7161 - Transportation Services - General

Universal Citation: 9 CA Code of Regs 7161

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

(a) Transportation as defined in section 7029:

(1) Shall be provided as a supportive service when necessary to provide for those travel expenses resulting from:
(A) A determination of rehabilitation potential.

(B) The provision of counseling and placement services.

(C) The individual's participation in a completion of an approved program of vocational rehabilitation services.

(D) The provision of post-employment services.

(2) Shall not be provided as a sole service because a supportive service is one which only contributes to the individual's ability to receive the benefit of other vocational rehabilitation services. Alone, it is not a vocational rehabilitation service.

(3) Shall not be provided for travel expenses caused by or required solely for personal, social, recreational or other non-vocational reasons.

(4) Shall be provided only to a individual who is engaged in suitable employment as defined in section 7011 under either of the following circumstances:
(A) Until the individual is financially capable of assuming the cost as determined in accordance with section 7161.5 or until the case is closed in accordance with with section 7179.2, whichever occurs first.

(B) In accordance with (e).

(b) Prior to provision of any transportation services the Counselor shall determine both of the following:

(1) Whether the individual is eligible for similar benefits in accordance with Sections 7196 through 7198. If eligibility exists, the Counselor shall follow the procedures specified in those regulations.

(2) The ability of the individual to financially participate in accordance with sections 7190 through 7194. If the client is able to financially participate, the procedures for payment specified in those regulations shall be followed.

(c) The mode of transportation provided shall be the least costly mode which meets the special needs of the individual. Modes of transportation include, but are not limited to:

(1) Publicly owned or contracted transportation such as buses, dial-a-ride and rapid transit.

(2) Transportation available through community resources.

(3) Client-owned vehicles.

(4) Privately owned transportation such as taxi cab, limousine or paratransit companies and charter buses.

(5) Car pools and payment to co-workers.

(6) Car rental agencies.

(d) Additional authorization criteria and rates of payment for specific modes of transportation shall be set by the Department pursuant to sections 7162 through 7163.5.

(e) Once a case is closed because the individual is rehabilitated, transportation services shall be provided only upon written approval of the Rehabilitation Supervisor. The Rehabilitation Supervisor's approval shall be based upon such criteria as verification that:

(1) The services are necessary to support an over-all program of post-employment services as defined in section 7176.

(2) The services are requested within 12 months of the individual's case closure.

(3) The requirements of (b) have been met.

1. Amendment of NOTE filed 3-2-82; effective thirtieth day thereafter (Register 82, No. 10).
2. New article 5 heading filed 6-21-90; operative 7-21-90 (Register 90, No. 35).
3. Amendment filed 8-16-90; operative 9-15-90 (Register 90, No. 36).
4. Amendment of subsection (b)(1) filed 1-2-92; operative 3-2-92 (Register 92, No. 18).
5. Amendment of article heading filed 3-4-2004; operative 4-3-2004 (Register 2004, No. 10).
6. Editorial correction implementing inadvertently omitted amendment of article heading and adding HISTORY 5 (Register 2006, No. 14).
7. 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: Sections 19018 and 19150, Welfare and Institutions Code; and 34 CFR Sections 361.5 and 36148.

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