§ 7181. Closing the Record of Services - Notification Requirements.

(a) When an individual's record of services is closed, the Department shall provide written notice to that individual, or his or her representative, as appropriate, supplemented as necessary by other appropriate modes of communication consistent with the informed choice of the individual. When the reason for closure is inability to locate or contact the individual, the notice shall be sent to the last known address of the individual or his or her representative.

(b) A written notice issued pursuant to (a) of this section shall include all of the following information:

(1) The reason the record of services was closed and reference to the federal or state statute or regulation or federal policy directive issued by the U.S. Department of Education, Office of Special Education and Rehabilitative Services (OSERS), Rehabilitation Services Administration, that supports the closure.

(2) A description of the means by which the individual may appeal the Department's decision to close the record of services, including administrative review, mediation, and fair hearing processes specified in Chapter 12, Articles 1, 1.5, and 2 of these regulations.

(3) A description of services available from the Client Assistance Program and information on how to contact that program.

HISTORY

1. Repealer of subsection (a) and new subsection (a) filed 3-25-91; operative 4-25-91 (Register 91, No. 15).

2. Amendment of section heading, section and Note filed 3-4-2004; operative 4-3-2004 (Register 2004, No. 10).

Note

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 29 USC 722(a)(5) and (c); 34 CFR Sections 361.43, 361.44, 361.47, 361.56 and 361.57; Sections 19005, 19011, 19012 and 19013.5, Welfare and Institutions Code; Section 7295.2, Government Code.