California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 3 - Department of Rehabilitation
Chapter 6 - Business Enterprises Program for the Blind
Article 3 - Eligibility and Training
Section 7212.3 - Client-Trainee Responsibilities

Universal Citation: 9 CA Code of Regs 7212.3

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

(a) During his or her participation in the Vendor Training Program, the Client-Trainee is responsible for meeting performance standards including, but not limited to:

(1) Achieve performance levels for classroom and on-the-job training at levels specified in Section 7212.1(h) of these regulations.

(2) Attend classroom and on-the-job training, unless excused by the Training Instructor.
(A) Maintain an accurate and complete timesheet for on-the-job training. This timesheet must be signed by the Vendor-Trainer and turned in by the Client-Trainee to the Training Instructor by the 10th of the following month, to cover the previous month's training.

(3) Wear clothing that is in good condition, neat and clean, and that is appropriate for meeting the public in a food service operation.

(4) Maintain good personal hygiene that is consistent with safe and sanitary food handling.

(b) The standards set forth in subsection (a) herein shall be distributed and explained at the beginning of each Vendor Training Program. Each Client-Trainee shall receive a copy of these standards in an appropriate mode of communication, to the extent possible, consistent with 34 CFR section 361.5(b)(5) and Welfare and Institutions Code section 19013.5(b). Such modes of communication may include providing the standards in large print, Braille, on audiotape, 3.5" diskette, or compact disk. The Department shall transmit copies of the standards electronically, on request. The standards also shall be made available by the BEP Manager to the California Vendors Policy Committee, hereafter CVPC, or any vendor upon request.

(1) The transmittal and receipt of these standards shall be confirmed when the Training Instructor and the Client-Trainee sign and date the DR 441, Transmittal and Receipt of Performance Standards for the BEP Training Program (New 07/07), incorporated by reference herein.

(c) Any Client-Trainee who fails to meet one or more of the performance standards specified in subsection (a) herein may be placed on probation for up to 60 days. The BEP shall notify the Client-Trainee in writing of the area(s) of deficiency that need to be corrected and the length of the probation. A copy of this notification shall be sent to the Client-Trainee's Rehabilitation Counselor for the Blind and the Training Instructor.

(1) A Client-Trainee may provide an explanation for any deficiency and this explanation shall be reviewed and considered by the BEP. Any written explanation provided by the Client-Trainee shall also go to the Rehabilitation Counselor for the Blind and the Training Instructor.

(2) All deficiencies shall be corrected on or before the last day of the probationary period. Failure to correct all deficiencies within the probationary period may result in the Client-Trainee's termination from the Vendor Training Program.

(d) Inappropriate behavior or serious misconduct on the part of a Client-Trainee shall result in a formal warning, and possible placement on probation or dismissal from the Vendor Training Program without probation, depending on the severity of the inappropriate behavior or serious misconduct.

(e) Whenever a Client-Trainee is terminated from the Vendor Training Program, he or she shall be referred back to his or her Rehabilitation Counselor for the Blind, who shall take one of the following actions.

(1) Work with the applicant to establish a plan, including classes, training, or business or work experience, which would increase the applicant's ability to successfully complete the Vendor Training Program provided for in Section 7212.1 of these regulations; or

(2) Re-evaluate the applicant's choice of an employment outcome as a BEP vendor.

(f) At the conclusion of each Vendor Training Program, the CVPC shall be provided with the following: the number of Client-Trainees enrolled in the Vendor Training Program; the number who successfully completed the Vendor Training Program; the number who were referred back to the Rehabilitation Counselor for the Blind; and the number who were terminated from the Vendor Training Program.

(g) At the completion of each class, a designee of the BEP Manager and a designee of the CVPC shall conduct joint exit interviews with Client-Trainees who have successfully completed the Vendor Training Program.

1. New section filed 6-26-2009; operative upon approval of the Secretary of the United States Department of Education in accordance with title 34 of the Code of Federal Regulations section 395.4(a) (Register 2009, No. 26).
2. 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).

Note: Authority cited: 20 USC Section 107b(5); 34 CFR Section 395.4; and Sections 19006, 19016 and 19639, Welfare and Institutions Code. Reference: 20 USC Sections 107b-1(3) and 107d-4; 34 CFR Sections 361.5(b)(5), 361.46, 361.47, 395.3(a)(4) and (8), 395.11 and 395.14(b); and Sections 19011, 19013.5(b), 19632(b) and 19638(b), Welfare and Institutions Code.

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