California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 4 - Department of Alcohol and Drug Programs
Chapter 6 - Nondiscrimination in Programs or Activities Receiving State Financial Assistance
Article 1 - General Definitions
Section 10800 - Definitions

Universal Citation: 9 CA Code of Regs 10800

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

As used in this Chapter, the following terms shall apply:

(a) Article 9.5. "Article 9.5" means the provisions of Assembly Bill 803, Statutes of 1977, Chapter 972. This section of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code of California (commencing with Section 11135) provides for nondiscrimination in programs or activities receiving state financial assistance and provides the legal basis for these regulations.

(b) Aid, Benefits or Services. "Aid, benefits or services" mean advantages, gains, privileges, and interests which accrue to an ultimate beneficiary by reason of state financial assistance.

(c) Department. "Department" means the State Department of Alcohol and Drug Programs, established pursuant to Section 11750 of the Health and Safety Code.

(d) Facility. "Facility" means all or any portion of buildings, structures, vehicles, equipment, vessels, roads, walks, or parking lots, used in providing aid, benefits or services supported from state financial assistance.

(e) May. "May" means permissive.

(f) Program or Activity. "Program or activity" means the collection of services receiving state financial assistance from the Department used to alleviate alcohol related problems and/or the problems associated with the misuse and abuse of drugs. This includes services supported by other funds or resources which are used to meet matching requirements or other conditions necessary for recipients to receive the state financial assistance.

(g) Recipient. "Recipient" means any contractor, grantee, local agency, or person, who receives state financial assistance from the Department. Recipient includes those who receive state financial assistance directly from the Department or through another recipient including any successor, assignee, or transferee of a recipient. Recipient excludes the ultimate beneficiary and state agencies.

(h) Shall. "Shall" means mandatory.

(i) State Financial Assistance. "State financial assistance" means any grant, entitlement, loan, cooperative agreement, contract or any other arrangement by which the Department provides or otherwise makes available to recipients, funds or the services of state personnel. This excludes procurement contracts or contracts for insurance or guaranty.

(j) Ultimate Beneficiary. "Ultimate beneficiary" means any person protected by the provisions of Article 9.5 who receives, applies for, or is unlawfully deterred from receiving or applying for the aid, benefits or services of program or activity receiving state financial assistance.

1. New Subchapter 6 (Articles 1-10, Sections 10800-10924, not consecutive) filed 1-18-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 4).

Note: Authority cited: Section 11138, Government Code. Reference: Sections 11135, 11136, 11137, 11138 and 11139, Government Code.

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