Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Within five
working days of receipt of the information specified in Section
7263.5, the District or Branch office
shall initiate an eligibility determination to ensure that the non-financial
eligibility requirements specified in the following sections are met:
(1) Section
7263(a)(4)(A) or (B)
for applicants for the Transportation Loan Guarantee Program.
(A) When needed to determine whether the applicant
is an eligible person as defined in Section
7263(a)(4)(B), the
Department shall:
1. Conduct an eligibility
determination for vocational rehabilitation services pursuant to Section
7060 et seq.; and
2. For applicants who are determined to be
eligible for vocational rehabilitation services, determine the applicant's priority
category under order of selection pursuant to Section
7050 and determine whether the applicant
will be placed on the order of selection waiting list pursuant to Section
7053.
(B) When it is necessary for the Department to
make the determination(s) specified in (a)(1)(A), the applicant's loan guarantee
request shall be held pending the outcome of such
determination(s).
(2) Section
7264.4 for applicants for the Assistive
Technology Loan Guarantee Program. If proof of denial of coverage must be submitted
in accordance with Section
7264.4(a)(2)(B) 1. or
2., the loan guarantee request shall be held pending the completion of the action(s)
required by those regulations.
(b) Upon completion of the non-financial
eligibility determination, the District or Branch office shall take either of the
following actions, as appropriate:
(1) Refer
applicants who are eligible based upon the non-financial eligibility determination
to the Program Administrator. The referral shall include all of the information
collected during the application and non-financial eligibility determination
process.
(2) Deny the loan guarantee
request when the applicant does not meet the non-financial eligibility criteria or
refuses to cooperate with any phase of the non-financial eligibility determination
process.
(c) Within five
working days of receipt of a referral specified in (b)(1), the Program Administrator
shall initiate an eligibility determination to ensure that the following financial
eligibility criteria are met:
(1) There are
sufficient funds in the appropriate account to cover the loan guarantee.
(2) Based upon the applicant's household income
and current expenses, it appears that the applicant has sufficient income to make
the monthly loan repayment.
(3) Based
upon the applicant's employment or income history over the previous year, it appears
that the applicant will not default on the loan.
(4) The household income of an applicant for the
Transportation Loan Guarantee program is within the limits specified in Section
19461,
Welfare and Institutions Code.
(d) Upon completion of the financial eligibility
determination, the Program Administrator shall take either of the following actions,
as appropriate:
(1) Contact a lender who will mail
its standard loan application to the applicant when the applicant is eligible based
upon the financial eligibility determination.
(2) Deny the loan guarantee request when any of
the following conditions exist:
(A) There are
insufficient funds in the account to cover the amount of the loan request.
(B) The applicant does not meet the financial
eligibility criteria.
(C) The applicant
refuses to cooperate with any phase of the financial eligibility
determination.
1. New section
filed 4-5-94; operative 5-5-94 (Register 94, No. 14)
2. Amendment of
section heading, section and NOTE filed 5-17-2001; operative 5-17-2001 pursuant to
Government Code section
11343.4
(Register 2001, No. 20).
Note: Authority cited: Sections
19006,
19016
and
19470,
Welfare and Institutions Code. Reference: Sections
19460-
19470
and
19853,
Welfare and Institutions Code.