§ 7136.6. Self-Employment; Assessing the Self-Employment Setting.

(a) The Department shall support an eligible individual's choice to work in a self-employment setting only when it determines that the proposed self-employment setting is appropriate.

(b) A proposed self-employment setting is appropriate when:

(1) Working in the proposed self-employment setting is consistent with the individual's personal attributes, including the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice;

(2) The proposed small business in which the individual will be self-employed is reasonably likely to produce sufficient income, within a reasonable period after the individual begins operating the business, not to exceed 12 months, to:

(A) Pay the necessary ongoing operating expenses of the small business, as specified in Section 7136.8 of these regulations; and

(B) Provide income for the individual at or above minimum wage, but not less than the customary wage and benefit level received by individuals engaged in the same or similar self-employment, consistent with Section 7006.3 of these regulations; and

(3) The individual is able to obtain all resources necessary to establish and operate the proposed small business, including any resources necessary to fund the ongoing operating expenses of the business and to support the individual's basic living expenses during the period until the small business produces the income specified in subsection (b)(2) of this section.

(c) To determine whether a proposed self-employment setting is appropriate, the Department shall consider any existing information; the summary of the proposed small business specified in Section 7136.5(c) of these regulations; and, to the extent additional information is necessary, information obtained through assessments (including, if appropriate, development and review of a Small Business Plan) consistent with Sections 7001.5(c), 7128(b), 7130.5(b), 7136.7, 7136.8, 7136.9, and 7149(b) of these regulations.

HISTORY

1. New section filed 2-28-2008; operative 3-29-2008 (Register 2008, No. 9).

Note

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 29 USC Sections 705(2)(B) and 705(11), 720(a)(2), 722(b) and 723(a); 34 CFR Sections 361.1, 361.5(b)(6)(ii), 361.5(b)(11), 361.5(b)(15), 361.5(b)(16), 361.13(c), 361.45, 361.46, 361.48 and 361.50; and Sections 19011 and 19150(a)(1), Welfare and Institutions Code.