Statutes, codes, and regulations
California Code Of Regulations
Title 9 - Rehabilitative and Developmental ServicesDivision 3 - Department of RehabilitationChapter 12 - Administrative Review, Mediation, Fair Hearing and Discrimination Complaint Procedures
Article 1 - General Provisions and Administrative Reviews
Section 7351 - General Provisions

Cal. Code Regs. tit. 9 § 7351

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Current through Register 2024 Notice Reg. No. 25, June 21, 2024
Section 7351 - General Provisions
(a) Any applicant, client, former client, or student with a disability of the Vocational Rehabilitation or Independent Living Services programs who is dissatisfied with any action or inaction of the Department relating to the application for or receipt of services, shall have an opportunity for a prompt administrative review by the supervisory staff of the Department and/or a formal fair hearing. Any applicant, client, former client, or student with a disability of the Vocational Rehabilitation program may also request mediation by a qualified impartial mediator to resolve disputes involving any action or inaction of the Department that affects the provision of vocational rehabilitation services.
(b) Any applicant, client, former client, or student with a disability, who believes he/she has been discriminated against by a Department employee, a contractor or grantee of the Department, or an employee of a contractor or grantee based upon any of the protected statuses of race, color, religious creed, ancestry, national origin, sexual orientation, marital status, medical condition, physical or mental disability, sex, or age shall have an opportunity for a prompt administrative review by the supervisory staff or, as appropriate, by a contractor or grantee, and/or an informal Equal Employment Opportunity Counselor review followed, when necessary, by a formal investigation by the Department's Office of Civil Rights and Affirmative Action.
(c) The administrative review process is optional and shall not delay a fair hearing or, in the case of alleged discrimination, an informal Equal Employment Opportunity Counselor review followed, when necessary, by a formal investigation by the Department's Office of Civil Rights and Affirmative Action, unless the appellant or complainant and/or authorized representative and the Department agree to a delay. The mediation process is also optional and shall not delay a fair hearing, unless all parties agree to a continuation of the hearing.
(d) Notwithstanding (b), an applicant, client, former client, or student with a disability may file a formal complaint with the U.S. Department of Education, Office for Civil Rights at any time.
(e) Any service(s) currently being provided an individual under an Individualized Plan for Employment (IPE) shall not be suspended, reduced, or terminated pending a final determination pursuant to administrative review provided pursuant to Section 7353 or the final decision pursuant to Section 7358, unless:
(1) The individual or his/her authorized representative so requests; or
(2) The Department has determined that services have been obtained through misrepresentation, fraud, collusion, or criminal conduct on the part of the appellant or the appellant's authorized representative, as specified in 29 USC § 722(c)(7).

Cal. Code Regs. Tit. 9, § 7351

1. Editorial transfer from division 2.1 of title 22 (section 48000) to chapter 3 of title 9 (section 7350) (Register 78, No. 41). For history of former section 48000, see Registers 70, Nos. 29, 26 and 12; 69, No. 26.
2. Repealer of subchapter 11 (section 7350) and new subchapter 11 (sections 7350-7359) filed 12-14-79; effective thirtieth day thereafter (Register 79, No. 50).
3. Renumbering of chapter 11 (sections 7350-7359) to chapter 12 filed 6-21-90; operative 7-21-90 (Register 90, No. 35).
4. Renumbering and amendment of former section 7350 to section 7351 filed 9-19-91; operative 10-21-91 (Register 91, No. 52).
5. Amendment of subsection (a) 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.
6. Certificate of Compliance as to 12-1-93 order transmitted to OAL 3-15-94 and filed 4-19-94 (Register 94, No. 16).
7. New subsections (b) and (d), redesignation and amendment of subsection (c) and amendment of NOTE filed 7-6-94; operative 8-5-94 (Register 94, No. 27).
8. Amendment of subsections (b) and (d), new subsections (e)-(e)(2) and amendment of NOTE filed 2-10-99; operative 3-12-99 (Register 99, No. 7).
9. Amendment of subsections (a) and (c) 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.
10. Certificate of Compliance as to 9-27-2000 order transmitted to OAL 1-5-2001 and filed 2-20-2001 (Register 2001, No. 8).
11. Amendment of subsections (a), (c) and (e) 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.
12. Amendment of subsections (a), (c) and (e) 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.
13. Certificate of Compliance as to 1-17-2013 order transmitted to OAL 1-29-2013 and filed 3-5-2013 (Register 2013, No. 10).
14. Amendment of section and 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 722; 34 CFR 100.6, 104.7(b), 104.51, 104.61, 361.57; and Sections 19703 and 19704, Welfare and Institutions Code.

1. Editorial transfer from division 2.1 of title 22 (section 48000) to chapter 3 of title 9 (section 7350) (Register 78, No. 41). For history of former section 48000, see Registers 70, Nos. 29, 26 and 12; 69, No. 26.
2. Repealer of subchapter 11 (section 7350) and new subchapter 11 (sections 7350-7359) filed 12-14-79; effective thirtieth day thereafter (Register 79, No. 50).
3. Renumbering of chapter 11 (sections 7350-7359) to chapter 12 filed 6-21-90; operative 7-21-90 (Register 90, No. 35).
4. Renumbering and amendment of former section 7350 to section 7351 filed 9-19-91; operative 10-21-91 (Register 91, No. 52).
5. Amendment of subsection (a) 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.
6. Certificate of Compliance as to 12-1-93 order transmitted to OAL 3-15-94 and filed 4-19-94 (Register 94, No. 16).
7. New subsections (b) and (d), redesignation and amendment of subsection (c) and amendment of Note filed 7-6-94; operative 8-5-94 (Register 94, No. 27).
8. Amendment of subsections (b) and (d), new subsections (e)-(e)(2) and amendment of Note filed 2-10-99; operative 3-12-99 (Register 99, No. 7).
9. Amendment of subsections (a) and (c) 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.
10. Certificate of Compliance as to 9-27-2000 order transmitted to OAL 1-5-2001 and filed 2-20-2001 (Register 2001, No. 8).
11. Amendment of subsections (a), (c) and (e) 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.
12. Amendment of subsections (a), (c) and (e) 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.
13. Certificate of Compliance as to 1-17-2013 order transmitted to OAL 1-29-2013 and filed 3-5-2013 (Register 2013, No. 10).
14. Amendment of section and NOTE filed 2-17-2023; operative 2/17/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 7).