California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 3 - Department of Rehabilitation
Chapter 6 - Business Enterprises Program for the Blind
Article 10 - Administrative Review and Full Evidentiary Hearing Procedures
Section 7227 - General Provisions

Universal Citation: 9 CA Code of Regs 7227

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

(a) Any Business Enterprises Program for the Blind, hereafter BEP, licensee or vendor, who is dissatisfied with any action of the Department arising from licensing, selection as a vendor, termination or suspension of a license or vendor operating agreement, probation, or administration of the BEP shall have an opportunity for a prompt informal administrative review by the supervisory staff of BEP and/or a full evidentiary hearing before a hearing officer in accordance with the provisions of Sections 7227.1 and 7227.2 of these regulations.

(b) The licensee or vendor may file for an administrative review or may proceed directly to a full evidentiary hearing.

(c) When requested by a licensee or vendor, the California Vendors Policy Committee, hereafter CVPC, and CVPC delegate, who represents the district where the vendor's primary facility is located, shall:

(1) Assist in the preparation and submission of a written request for review and/or hearing.

(2) Provide assistance in the administrative review or full evidentiary hearing process.

(3) Intervene on behalf of the licensee or vendor to negotiate with Department staff to resolve a complaint.

(4) Endeavor to achieve a fair and equitable solution to the complaint.

(d) A licensee or vendor shall be responsible for the costs of his or her own expenses related to disputing or settling issues which may include, but not limited to, travel or private counsel.

(e) Upon request of the vendor or licensee, the BEP shall provide a reader or other communication services, to the extent possible, at the administrative review or full evidentiary hearing.

(f) The CVPC may contract for professional services for training vendors in the preparation and submission of requests for review and hearings for all of the processes specified in subsection (a) herein, using vending machine income pursuant to Welfare and Institutions Code section 19630, subsections (d) and (g), and section 7225, subsection (b)(2) herein.

(g) Any client-trainee who is dissatisfied with an action arising from the administration of the BEP or the provision of vocational services, or a licensee or vendor who is dissatisfied with an action arising from the provision of vocational rehabilitation services shall have an opportunity for a prompt administrative review by the Vocational Rehabilitation supervisory staff and/or a fair hearing in accordance with Chapter 12 (commencing with Section 7350) and Section 7350 et seq. of these regulations.

1. Amendment filed 2-10-83; designated effective 2-20-83 pursuant to Government Code section 11346.2(d) (Register 83, No. 7).
2. New article 10 heading and repealer and new section filed 2-4-93; operative 3-8-93 (Register 93, No. 6).
3. Editorial correction restoring HISTORY 1 (Register 99, No. 7).
4. Repealer and new section and amendment of NOTE filed 9-22-2009; operative upon the approval of the Secretary of the United States Department of Education, in accordance with title 34, Code of Federal Regulations, section 395.4(a) (Register 2009, No. 39).
5. Approved by the Secretary of the United States Department of Education in accordance with section 395.4(a) of title 34 of the Code of Federal Regulations on 6-2-2010; operative 9-15-2010 pursuant to section 7210(b)(2) of title 9 of the California Code of Regulations (Register 2010, No. 39).
6. Amendment of subsection (g) 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.
7. Amendment of subsection (g) 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.
8. Certificate of Compliance as to 1-17-2013 order transmitted to OAL 1-29-2013 and filed 3-5-2013 (Register 2013, No. 10).

Note: Authority cited: Sections 19006, 19016, 19627 and 19639, Welfare and Institutions Code. Reference: 20 USC Sections 107b(5), 107b(6), 107b-1(3); 34 CFR Sections 395.4 and 395.13; and Sections 19629, 19635, 19638 and 19700 et seq., Welfare and Institutions Code.

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