§ 7138. Self-Employment; Monitoring the Operation of the Small Business.

(a) The Rehabilitation Counselor (RC) shall monitor the eligible individual's employment in the self-employment setting, as specified in the Individualized Plan for Employment (IPE), after the individual begins operating the small business, for a period of no less than 90 days and no more than 12 months, to determine whether the individual is able to maintain employment in the self-employment setting, whether the individual requires additional training or technical assistance to maintain the employment, whether the small business is producing the projected income, and whether the criteria for closure of the record of services have been met.

(b) If it appears during the monitoring period that the individual is having difficulty maintaining employment in the self-employment setting, or if the small business is not achieving the monthly income projected in the summary of the proposed small business or the Small Business Plan, the RC and the individual shall, with technical assistance from other Department staff with expertise in self-employment and/or a Small Business Consultant:

(1) Identify the problems that the individual is experiencing;

(2) Assess whether additional training or technical assistance could assist the individual to overcome those problems; and

(3) Re-assess, based on available information, whether the self-employment setting is appropriate as specified in Section 7136.6 of these regulations.

(c) If it is determined during the monitoring period that the self-employment setting is still appropriate as specified in Section 7136.6 of these regulations, and that additional training or technical assistance will assist the individual in maintaining employment in the self-employment setting, the IPE shall be amended to identify the training or technical assistance to be provided to assist the individual in overcoming the identified problems; and the RC shall continue to monitor the individual's employment for the purposes specified in subsection (a) of this section.

(d) If it is determined by the Department during the monitoring period that the self-employment setting is not appropriate and/or that the individual is not able to maintain employment in the self-employment setting, and that additional training or technical assistance will not assist or is declined by the individual, the RC and the individual shall discuss alternative employment settings, and the IPE shall be amended, as appropriate, consistent with Section 7136.5(g) of these regulations, or the individual's record of services shall be closed as specified in Section 7179.5 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)(3)(C), 721(a)(19), 722(b), 722(d) and 723(a); 34 CFR Sections 361.5(b)(15), 361.5(b)(16), 361.45, 361.46, 361.47, 361.48, 361.50, 361.52 and 361.56; and Section 19011, Welfare and Institutions Code.