1. (a) An individual may become a Certified Enrollment Counselor according to the following process:

   1. (1) The Certified Enrollment Entity shall notify the Exchange of the individual to be affiliated according to the process described in subdivision (c) of this Section.

   2. (2) The individual shall:

      1. (A) Submit the following:

         1. 1. All information, documentation, and declarations required in subdivision (b) of this Section; and
         2. 2. An executed agreement conforming to the Roles and Responsibilities defined in Section 6664;

      2. (B) Within 30 calendar days of completing the requirements in subdivision (a)(2)(A) of this Section:

         1. 1. Submit fingerprinting images in accordance with Section 6658;
         2. 2. Disclose to the Exchange all criminal convictions and administrative actions taken against the applicant;
         3. 3. Complete the required training established in Section 6660; and
         4. 4. Pass the required certification exam pursuant to Section 6660.
   3. (3) Individuals who complete the above requirements, pass the Certified Enrollment Counselor Fingerprinting and Criminal Record Check described in Section 6658, and have no administrative actions taken against them which are substantially related to the qualifications, functions, or duties of the specific position sought, shall be certified as Certified Enrollment Counselors by the Exchange.
   4. (4) Applicants who have been denied for reasons other than failure to pass the Certified Enrollment Counselor Fingerprinting and Criminal Record Check may appeal the denial of their Certified Enrollment Counselor Application through the process established by Section 6662.

2. (b) An individual's application to become a Certified Enrollment Counselor shall contain the following information:

   1. (1) Name, e-mail address, primary and secondary phone number;
   2. (2) Driver's License Number or Identification Number issued by the California Department of Motor Vehicles. If neither is available, the applicant may provide any other unique identifier found on an identification card issued by a federal, state, or local government agency or entity;
   3. (3) Languages that the applicant can speak;
   4. (4) Languages that the applicant can write;
   5. (5) Disclosure of all criminal convictions and administrative actions taken against the individual;

   6. (6) A certification by the individual that:

      1. (A) The individual will comply with the agreement between the Certified Enrollment Entity and the Exchange as well as all requirements set forth in this Article, including but not limited to Section 6666;
      2. (B) The individual is a natural person of not less than 18 years of age;
      3. (C) The statements made in the application are true, correct and complete to the best of his or her knowledge and belief;
      4. (D) The individual will abide by all privacy and security standards set forth in the agreement between the Certified Enrollment Entity and the Exchange; and
      5. (E) The individual will adhere to all applicable State and Federal laws and regulations.
   7. (11) For the individual applying to become a Certified Enrollment Counselor, signature, and date signed; and
   8. (12) For the Authorized Contact from the Certified Enrollment Entity that the individual will be affiliated with, name, signature, and date signed.

3. (c) A Certified Enrollment Entity shall notify the Exchange of every individual to be added or removed as an affiliated Certified Enrollment Counselor. Such notification shall include:

   1. (1) Name of the Certified Enrollment Entity and the Certified Enrollment Entity Number;
   2. (2) Name and signature of the Authorized Contact from the Certified Enrollment Entity;
   3. (3) Name, e-mail, and primary phone number of the individual to be added or removed;
   4. (4) Effective date for the addition or removal of the individual; and
   5. (5) Site(s) that the individual will serve.

Note: Authority cited: Sections 100502 and 100504, Government Code. Reference: Sections 100502 and 100503, Government Code; and 45 C.F.R. §§ 155.205, 155.210 and 155.260.

History

1. New section filed 2-10-2014 as an emergency pursuant to Government Code section 11346.1, subdivision (h); operative 2-10-2014 (Register 2014, No. 7). A Certificate of Compliance must be transmitted to OAL by 5-12-2014 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 5-12-2014 as an emergency pursuant to Government Code section 11346.1, subdivision (h); operative 5-12-2014 (Register 2014, No. 20). A Certificate of Compliance must be transmitted to OAL by 8-11-2014 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 7-21-2014 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 (Stats 2014, c.31); operative 7-21-2014 (Register 2014, No. 30). A Certificate of Compliance must be transmitted to OAL by 7-15-2015 pursuant to Government Code section 100504 or emergency language will be repealed by operation of law on the following day.

4. New section, including amendment of subsections (a)(2)(B)1. and (a)(3), refiled 12-12-2014 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 (Stats 2014, c.31); operative 12-12-2014 (Register 2014, No. 50). A Certificate of Compliance must be transmitted to OAL by 7-15-2015 pursuant to Government Code section 100504 or emergency language will be repealed by operation of law on the following day.

5. Senate Bill 75 (Stats. 2015, Ch. 18) modified Government Code section 100504(a)(6) to change the date upon which a Certificate of Compliance must be transmitted to OAL. Pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 75 (Stats. 2015, Ch. 18), a Certificate of Compliance must be transmitted to OAL by 2-10-2017 or the language in the emergency order of 12-12-2014 will be repealed by operation of law on the following day (Register 2015, No. 38).

6. Certificate of Compliance as to 7-21-2014 order, including further amendment of section and Note, transmitted to OAL 11-6-2015 and filed 12-23-2015 (Register 2015, No. 52).

7. Amendment of subsection (b)(1), repealer of subsections (b)(3)-(6), subsection renumbering, amendment of newly designated subsections (b)(3)-(4) and (b)(6)(A)-(C), new subsections (b)(6)(D)-(E), repealer of subsections (c)(5)-(c)(5)(A) and redesignation and amendment of former subsection (c)(5)(B) to subsection (c)(5) filed 3-7-2018; operative 3-7-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 10).