Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The Department
may not close an applicant's record of services prior to making an eligibility
determination unless:
(1) The applicant declines to
participate in, or is unavailable to complete, the assessment for determining
eligibility and priority for services conducted pursuant to Section
7062 of these regulations, which
includes any trial work experience; and
(2) The Department has made at least three
attempts over a 30-day period to contact the applicant or, if appropriate, the
applicant's representative to encourage the applicant's participation. The first
attempt shall be made in writing to the last known address of the applicant or his
or her representative.
(b)
For purposes of (a)(1) of this section--
(1) An
individual is considered to have declined to participate in the assessment to
determine eligibility and priority for services when the individual chooses not to
participate in vocational rehabilitation services; or when the individual prevents
the completion of the assessment by failing to cooperate in such assessment or any
part thereof, including repeated failure to keep appointments, maintain contact, or
carry out the individual's responsibilities with respect to the assessment, making
threats or engaging in violent conduct, or engaging in abusive language or behavior
directed at a Department employee, vendor, or other applicant or eligible
individual, when such language or behavior continues after notice is given that the
language or behavior is inappropriate.
(2) An individual is considered to be unavailable
to complete the assessment to determine eligibility and priority for services when
the individual cannot be located or contacted; the individual is unavailable to
participate for an extended or indefinite period due to health problems or prolonged
confinement in a hospital, nursing home, prison, jail, treatment center, or similar
facility, or for another reason; or the individual is deceased.
1. Amendment of
chapter heading and new section filed 3-4-2004; operative 4-3-2004 (Register 2004,
No. 10).
2. Amendment of subsections (a)(1) and (b) 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:
34 CFR Sections
361.42 and
361.44; and Section
19011, Welfare and Institutions
Code.
