§ 7055. Waiting List.

(a) Upon a determination in accordance with Section 7052 that an Order of Selection for Vocational Rehabilitation Services must be implemented, the Department shall establish a statewide waiting list of eligible individuals in priority categories.

(b) The Department, through the local offices, shall notify each individual placed on the waiting list, or his/her designated representative, in writing, of all of the following:

(1) The priority category to which he/she has been assigned.

(2) The priority category(ies) that are currently being served.

(3) His/her appeal rights as specified in Sections 7350 through 7361.

(4) His/her right to a re-evaluation of his/her priority category placement per Section 7055(f).

(c) Ninety (90) days after an individual is placed on the waiting list and in ninety (90) day increments thereafter, the Department shall contact the individual, in writing, to inform him/her of the priority category to which he/she has been assigned, the priority category(ies) that are currently being served, and his/her waiting list status in order to determine if he/she wishes to remain on the waiting list.

(d) If an individual does not respond within thirty (30) days of contact to the information contained in the ninety (90) day notice, the individual will be notified that his/her case will be closed if there is no contact with the rehabilitation counselor within the next sixty (60) days. If the individual chooses, a designated representative may receive notification on his/her behalf. If departmental staff is unable to contact the individual, or if the individual declines to remain on the waiting list, a notice of case closure letter will be sent to the individual or to his/her designated representative.

(e) The final notice of case closure in Section 7055(d) shall contain all of the following:

(1) the date of case closure;

(2) the information regarding re-evaluation as stated in Section 7055(f); and

(3) the individual's appeal rights as stated in Sections 7350 through 7361.

(f) Individuals on the waiting list may request a re-evaluation of his/her priority category placement at anytime he/she believes that his/her situation has changed sufficiently to place him/her in a different priority category. The Department shall conduct a re-evaluation and notify individuals of the results within thirty (30) days of the request. If the re-evaluation takes longer than thirty (30) days, the rehabilitation counselor shall inform the client of the reason for the delay, and the estimated date the re-evaluation shall be completed.

HISTORY

1. 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.

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

Note

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 29 U.S.C. 721(a)(5); 34 CFR 361.36; and Sections 19005 and 19102, Welfare and Institutions Code.