§ 7041. Processing Applications.  


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  • (a) Application forms shall be available at all Department offices and in One-Stop centers established pursuant to the Workforce Investment Act of 1998 (29 USC 2841).
    (b) An individual is considered to have submitted an application when the individual or the individual's representative, as appropriate:
    (1) Has applied for or requested services by:
    (A) Completing and signing a DR 222, Vocational Rehabilitation Services Application (Rev. 03/04), incorporated by reference herein; or
    (B) Completing a common intake application form in a One-Stop center requesting vocational rehabilitation services; or
    (C) Otherwise requesting services from the Department; and
    (2) Has provided the Department with information necessary to initiate an assessment to determine eligibility and priority for services; and
    (3) Is available to complete the assessment process.
    (c) For the purposes of determining eligibility within the timelines established in Section 7060 of these regulations, the date of application shall be the date upon which all three conditions specified in (b)(1) through (3) of this section are met.
    (d) All applicants shall be provided all of the following information:
    (1) The date of application as established in (c) of this section.
    (2) Timelines for an eligibility determination in accordance with Section 7060(a)(1) and (2) of these regulations.
    (3) The basis for establishing a priority for services under an Order of Selection as set forth in Chapter 2, Article 2 of these regulations.
    (4) The right to appeal any determination made by the Department that affects the provision of vocational rehabilitation services through administrative review, mediation, and fair hearing as provided in Chapter 12 of these regulations and the availability of assistance from the Client Assistance Program.
    (5) The confidentiality of personal information, and Department policies and procedures regarding its use and release, as specified in Chapter 2, Article 6 of these regulations.
    (6) That individuals who receive vocational rehabilitation services from the Department must intend to achieve an employment outcome. The applicant's completion of the application process, as specified in (b) of this section, is sufficient evidence of the individual's intent to achieve an employment outcome.
HISTORY
1. Repealer and new section filed 3-25-91; operative 4-25-91 (Register 91, No. 15).
2. Change without regulatory effect amending subsection (a)(2) filed 9-12-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 5).
3. Amendment of section and Note filed 6-6-94 as an emergency; operative 6-6-94 (Register 94, No. 23). A Certificate of Compliance must be transmitted to OAL by 10-4-94 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-6-94 order transmitted to OAL 8-30-94 and filed 10-13-94 (Register 94, No. 41).
5. Amendment of section heading, repealer and new section and amendment of Note filed 3-4-2004; operative 4-3-2004 (Register 2004, No. 10).

Note

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 29 USC Sections 721(a)(5) and 722(c); 34 CFR Sections 361.36, 361.38, 361.41(b), 361.42(a)(4) and 361.57; and Sections 19011 and 19102, Welfare and Institutions Code.