§ 7050. General Provisions.

(a) The purpose and intent of this article is:

(1) To provide an organized and equitable method to serve individuals with disabilities, if it is anticipated that all eligible individuals who apply for vocational rehabilitation services cannot be served, by:

(A) determining the need for an Order of Selection for Vocational Rehabilitation Services;

(B) timing the establishment of an Order of Selection for Vocational Rehabilitation Services;

(C) developing priority categories for an Order of Selection for Vocational Rehabilitation Services;

(D) implementing and monitoring an Order of Selection for Vocational Rehabilitation Services; and

(E) determining a priority category for each eligible individual.

(2) To manage the resources available for the provision of vocational rehabilitation services for each fiscal year.

(3) To assure that first priority for vocational rehabilitation services is given to individuals with the most significant disabilities as defined herein.

(4) To assure the statewideness of the Order of Selection for Vocational Rehabilitation Services.

(5) To define the circumstances under which the Department will not require an Order of Selection for Vocational Rehabilitation Services.

(b) Order of Selection for Vocational Rehabilitation Services shall not be based on the following:

(1) Any geographical location of residency within the state;

(2) Any duration of residency requirement, provided the individual is present in the State;

(3) Type of disability;

(4) Sex, race, age, religious creed, color, ancestry, national origin, sexual orientation, or marital status;

(5) Source of referral;

(6) Type of expected employment outcome;

(7) The particular service needs or anticipated cost of services required by an individual; and

(8) The income level of an individual or an individual's family.

HISTORY

1. Repealer and new section filed 12-18-80 as an emergency; effective upon filing (Register 80, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-17-81.

2. Order of Repeal of 12-18-80 order filed 12-23-80 by OAL pursuant to Government Code Section 11349.6 (Register 80, No. 51).

3. Repealer and new section filed 5-8-81; effective thirtieth day thereafter (Register 81, No. 19).

4. Amendment of subsection (a)(1) filed 6-21-90; operative 7-21-90 (Register 90, No. 35).

5. Amendment of article 2 heading, repealer and new section filed 7-27-95 as an emergency; operative 7-27-95 (Register 95, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-24-95 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 7-27-95 order transmitted to OAL 7-11-95 and filed 8-21-95 (Register 95, No. 34).

7. Amendment of subsections (a)(1) and (a)(3) and amendment of Note filed 6-28-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or emergency language will be repealed by operation of law on the following day.

8. Certificate of Compliance as to 6-28-2001 order, including further amendment of section and Note , transmitted to OAL 10-24-2001 and filed 12-10-2001 (Register 2001, No. 50).

Note

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 29 USC Sections 705(21) and 721(a)(5); 34 CFR Sections 361.5(b)(30) and 361.36; and Sections 19011 and 19102, Welfare and Institutions Code.