Section 7162 - Client-Owned Vehicle Use(a) Clients who use their own vehicles for transportation shall receive payment in accordance with this section and sections 7162.3 and 7162.5. The payment made pursuant to this section shall be in the form of a monthly allowance paid to the client, except that payment of parking fees may vary from situation to situation. For example, if the client is attending a public school, the Department may purchase a parking permit for the client to use for parking in the school's parking lot.(b) Upon a determination by the counselor that a client-owned vehicle must be used because either of the following conditions exists, the rate of payment shall be the amount specified in (c):(1) The client is required to operate their own vehicle to complete an Individualized Plan for Employment (IPE).(2) A publicly owned or contracted mode of transportation is not readily available or would cause undue hardship to the client. Readily available and undue hardship shall be determined by considering such factors as: (A) The special needs of the client.(B) The proximity of public transportation to the client's home and to their destination.(C) The frequency of public transportation at the times of day during which the client will be traveling.(c) When the conditions specified in (b) exist, the transportation allowance shall include all of the following:(1) Actual costs of necessary bridge tolls.(2) Actual costs of necessary parking, unless other payment arrangements pursuant to (a) have been made.(3) Payment for gasoline and oil which shall be:(A) Twenty-one cents per mile for vehicles other than vans which have been specially adapted to meet the client's needs.(B) A rate of an additional 5 cents above the rate specified in (A) for vans specially adapted to meet the client's needs.(d) A client may elect to use their vehicle in lieu of public transportation. The rate of payment in such case shall equal the lesser of the following:(1) Actual costs of gas, oil, and necessary parking and bridge tolls.(2) The least expensive rate charged by the local public transportation company for the mode of transportation accessible to the client.(e) The transportation allowance shall be calculated on an average monthly basis and paid to the client at the beginning of each month.(f) A monthly transportation allowance shall be prorated and adjusted in a following month to reflect client absences when both of the following conditions exist:(1) The transportation allowance is determined pursuant to (c).(2) Client absences are in excess of four days per month.Cal. Code Regs. Tit. 9, § 7162
Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: Section 19150, Welfare and Institutions Code; 29 U.S.C. Section 723; and 34 CFR Sections 361.5, 361.42, 361.44, 361.46 and 361.48.
Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code; Reference: Section 19150, Welfare and Institutions Code; and 34 CFR Sections 361.5, 361.42, 361.44, 361.46 and 361.48.
1. Amendment of NOTE filed 3-2-82; effective thirtieth day thereafter (Register 82, No. 10).
2. Repealer and new section filed 8-16-90; operative 9-15-90 (Register 90, No. 36).
3. Change without regulatory effect amending subsection (b)(1) and Note filed 5-9-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 19).
4. Amendment of subsections (b)(1), (b)(2)(B), (c)(3)-(c)(3)(B) and (d) and amendment of Note filed 7-29-2024; operative 10/1/2024. Amendment of subsections (c)(3), (c)(3)(A) and (c)(3)(B) filed without review by OAL pursuant to exemption for regulations that establish or fix rates (Government Code section 11340.9(g)) (Register 2024, No. 31).