Cal. Code Regs. tit. 9 § 7350

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

Section 7350 - Definitions and Terms

(a) For the purposes of this Chapter the following definitions shall apply:

(1) "Appellant" means an applicant or client, former client, or student with a disability, of the Vocational Rehabilitation or Independent Living Services programs who has filed an oral or written request for an administrative review or a written request for a fair hearing.

(2) "Administrative Review Officer" means a District Administrator who conducts the administrative review.

(3) "Authorized Representative" means the parent of an unemancipated minor or permanent guardian or any person or entity who has been designated by the appellant to act on his/her behalf.

(4) "Administrative Review" means an informal process through which either of the following occur:

(A) The appellant and/or the appellant's authorized representative seek remedy for dissatisfaction with Departmental action.

(B) The complainant and/or the complainant's authorized representative seek remedy for a complaint of discrimination against employees of the Department.

(5) "Complainant" means an applicant, client, former client, or student with a disability who has filed an oral or written discrimination complaint for an administrative review or a formal written request for a discrimination investigation/resolution.

(6) "Equal Employment Opportunity Counselor" means an employee of the Department who has had specialized training in the counseling and resolution of discrimination complaints.

(7) "Equal Employment Opportunity Investigator" means an employee of the Department who has had specialized training in conducting impartial, formal investigations of discrimination complaints.

(8) "Good Cause" means any of the following:

(A) Death in the immediate family.

(B) Personal illness or injury to the appellant or authorized representative.

(C) Sudden and unexpected emergencies including, but not limited to traffic accidents on the day of the hearing and illness or injury of a household or family member who requires immediate care.

(9) "Impartial hearing officer" means an individual who is qualified under 34 Code of Federal Regulations part 361.5(c)(24) to conduct a fair hearing.

(10) "Mediation Coordinator" means the independent organization the Department contracts with to schedule and conduct mediation of disputes between individuals and the Department that affect the provision of vocational rehabilitation services.

(11) "Qualified Impartial Mediator" means an individual who:

(A) is not an employee of a public agency (other than an administrative law judge, hearing examiner, or employee of an institution of higher education);

(B) is not a member of the State Rehabilitation Council;

(C) has not been involved previously in the vocational rehabilitation of the applicant or eligible individual;

(D) is knowledgeable of the vocational rehabilitation program and the applicable federal and state laws, regulations and policies governing the provision of vocational rehabilitation services;

(E) has been trained in effective mediation techniques; and

(F) has no personal, professional, or financial interest that would be in conflict with the objectivity of the individual during the mediation proceedings.

Cal. Code Regs. Tit. 9, § 7350

1. Renumbering and amendment of former section 7351 to section 7350 filed 9-19-91; operative 10-21-91 (Register 91, No. 52).
2. Amendment of subsection (a)(1) and NOTE filed 12-1-93 as an emergency; operative 12-1-93 (Register 93, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-30-94 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-1-93 order transmitted to OAL 3-15-94 and filed 4-19-94 (Register 94, No. 16).
4. Amendment of chapter heading and section and new article 1 filed 7-6-94; operative 8-5-94 (Register 94, No. 27).
5. Amendment of chapter heading, new subsections (a)(11)-(a)(12)(F) and amendment of NOTE filed 9-27-2000 as an emergency; operative 9-27-2000 (Register 2000, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-25-2001 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 9-27-2000 order transmitted to OAL 1-5-2001 and filed 2-20-2001 (Register 2001, No. 8).
7. Repealer of subsections (a)(2) and (a)(6), subsection renumbering, amendment of newly designated subsection (a)(4)(A), new subsection (a)(9) and amendment of NOTE filed 7-27-2012 as an emergency; operative 7-27-2012 (Register 2012, No. 30). Pursuant to Welfare and Institutions Code section 19710, this action is a deemed emergency and the emergency regulations are exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 1-23-2013 or the emergency action will be repealed by operation of law on the following day.
8. Repealer of subsections (a)(2) and (a)(6), subsection renumbering, amendment of newly designated subsection (a)(4)(A), new subsection (a)(9) and amendment of NOTE refiled 1-17-2013 as an emergency; operative 1-17-2013 (Register 2013, No. 3). Pursuant to Welfare and Institutions Code section 19710, this action is a deemed emergency and the emergency regulations are exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 4-17-2013 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 1-17-2013 order transmitted to OAL 1-29-2013 and filed 3-5-2013 (Register 2013, No. 10).
10. Amendment of subsections (a)(1), (5)-(7) and (9) and amendment of NOTE filed 2-17-2023; operative 2-17-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 7).

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 29 USC Section 722; 28 CFR 35.107; 34 CFR 104.7, 104.51, 104.61, 361.5 and 361.48; and Sections 19700.1, 19703, 19704 and 19705, Welfare and Institutions Code.

1. Renumbering and amendment of former section 7351 to section 7350 filed 9-19-91; operative 10-21-91 (Register 91, No. 52).
2. Amendment of subsection (a)(1) and Note filed 12-1-93 as an emergency; operative 12-1-93 (Register 93, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-30-94 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-1-93 order transmitted to OAL 3-15-94 and filed 4-19-94 (Register 94, No. 16).
4. Amendment of chapter heading and section and new article 1 filed 7-6-94; operative 8-5-94 (Register 94, No. 27).
5. Amendment of chapter heading, new subsections (a)(11)-(a)(12)(F) and amendment of Note filed 9-27-2000 as an emergency; operative 9-27-2000 (Register 2000, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-25-2001 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 9-27-2000 order transmitted to OAL 1-5-2001 and filed 2-20-2001 (Register 2001, No. 8).
7. Repealer of subsections (a)(2) and (a)(6), subsection renumbering, amendment of newly designated subsection (a)(4)(A), new subsection (a)(9) and amendment of Note filed 7-27-2012 as an emergency; operative 7-27-2012 (Register 2012, No. 30). Pursuant to Welfare and Institutions Code section 19710, this action is a deemed emergency and the emergency regulations are exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 1-23-2013 or the emergency action will be repealed by operation of law on the following day.
8. Repealer of subsections (a)(2) and (a)(6), subsection renumbering, amendment of newly designated subsection (a)(4)(A), new subsection (a)(9) and amendment of Note refiled 1-17-2013 as an emergency; operative 1-17-2013 (Register 2013, No. 3). Pursuant to Welfare and Institutions Code section 19710, this action is a deemed emergency and the emergency regulations are exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 4-17-2013 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 1-17-2013 order transmitted to OAL 1-29-2013 and filed 3-5-2013 (Register 2013, No. 10).
10. Amendment of subsections (a)(1), (5)-(7) and (9) and amendment of NOTE filed 2-17-2023; operative 2/17/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 7).