§ 7136.9. Self-Employment; Assessment of Necessary and Available Resources.

(a) To assess whether the eligible individual is able to obtain all resources necessary to establish and operate the proposed small business, as specified in Section 7136.6(b)(3) of these regulations, the Department and the eligible individual shall, as appropriate:

(1) Identify resources necessary to establish and operate the proposed small business, using a summary of the proposed small business or a Small Business Plan, as specified in Section 7136.8 of these regulations;

(2) Identify sources from which necessary resources can be obtained, including from the individual or family members; use of comparable services and benefits; funding from grants, loans, loan guarantee programs, and economic development funds; or a Social Security Administration (SSA) Plan for Achieving Self Support (PASS);

(3) Identify technical assistance to be provided to the individual to assist in applying for or obtaining funding from other sources; and

(4) Identify when the resources will be obtained by the individual.

(b) In identifying and assessing available resources, the eligible individual may, but is not required to, obtain a loan or utilize a Plan for Achieving Self-Support (PASS) issued by the Social Security Administration (SSA) to fund the proposed small business; however, if resources in addition to the initial costs provided by the Department are required to establish and operate the proposed small business, the individual is responsible for obtaining such resources, and must decide, based on informed choice, whether to obtain funding through a loan, a PASS or other sources, or to seek employment in an alternative setting.

(c) If funding for the operation of the proposed small business is denied by a source outside the Department, the Department shall consider the decision and the reasons for such decision in assessing whether the self-employment setting is appropriate, as specified in Section 7136.6 of these regulations.

(d) If it is determined that the individual is unable to obtain resources necessary to establish and operate the small business, the Rehabilitation Counselor (RC) and the individual shall discuss alternative employment settings, and the Individualized Plan for Employment (IPE) shall be developed, or amended, consistent with Section 7136.5(g) 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(11), 720(a)(2), 720(a)(3), 721(a), 722(b), 722(d) and 723(a); 34 CFR Sections 361.1, 361.5(b)(10), 361.5(b)(15), 361.5(b)(16), 361.45, 361.46, 361.48, 361.50, 361.52, 361.53 and 361.54; and Section 19011, Welfare and Institutions Code.