1. (a) Each licensee who receives rate increase funds authorized by Welfare and Institutions Code Section 4681.4(a) during the 1999 calendar year shall report in writing the use of those rate increase funds to the regional center.

2. (b) Each licensee who receives rate increase funds authorized by Welfare and Institutions Code Section 4681.4(b) during the 2000 calendar year shall report in writing the use of those rate increase funds to the regional center.

   1. (1) Not less than 30 days prior to the date specified in subsection (c), the regional center shall notify the licensee in writing of the necessity to report the use of rate increase funds.
3. (c) The licensee's written report, pursuant to subsection (a) or (b), shall be postmarked no later than March 1 of the calendar year following the year in which the rate increase funds were received by the licensee.

4. (d) The licensee's written report, pursuant to subsection (a) or (b), shall contain, but not be limited to, the following information:

   1. (1) The name, address and telephone number of the facility submitting the report;
   2. (2) The licensee's vendor identification number;
   3. (3) The amount of rate increase funds the licensee received during the calendar year for which the written report is being submitted;

   4. (4) A signed statement that the licensee declares under penalty of perjury under the laws of the State of California that the licensee:

      1. (A) Has read and understands the requirements of Sections 56932 through 56935;
      2. (B) Has increased direct care staff salaries, wages and benefits in a manner which fairly and equitably allocates the increased funds derived from Welfare and Institutions Code Section 4681.4(a) or (b) among direct care staff with consideration for job tenure, duties, and relative number of hours worked, if applicable; and
      3. (C) Has spent the entire amount of rate increase funds received for the calendar year exclusively and entirely for the purposes authorized pursuant to Welfare and Institutions Code Section 4681.4(c)(1) through (3);

5. (e) The licensee's written report, pursuant to subsection (a) or (b), for those facilities where the licensee has received the Department's approval to use the rate increase funds for a purpose other than those specified in Section 56932(a)(1) through (3) shall contain, but not be limited to, the following:

   1. (1) The information required by subsection (d)(1) through (3); and
   2. (2) A signed statement that the licensee declares under penalty of perjury under the laws of the State of California that the licensee has spent the entire amount of rate increase funds received for the prior calendar year exclusively and entirely for the purposes approved by the Department pursuant to Section 56937.
6. (f) The regional center shall review a sample of the reports submitted by the licensees pursuant to subsection (a) and (b) to verify that the rate increase funds were spent in accordance with the requirements specified in Section 56932(a)(1) through (4).
7. (g) Verification of the use of rate increase funds shall include, but is not limited to, reviewing any of the work records employers are required to maintain by the Employment Development Department's regulations at Title 22, California Code of Regulations, Section 1085-2.
8. (h) The regional center shall retain one copy of each report filed pursuant to subsection (a) and (b) as well as documentation of findings of regional center reviews of verification reports pursuant to subsection (g) for a three year period.

Note: Authority cited: Section 4681.4(e), Welfare and Institutions Code. Reference: Section 4681.4, Welfare and Institutions Code; and Section 1085-2, Title 22, California Code of Regulations.

History

1. New section filed 12-31-98 as an emergency; operative 12-31-98 (Register 99, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-30-99 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 5-11-99 as an emergency; operative 5-11-99 (Register 99, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-8-99 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 9-9-99 as an emergency; operative 9-9-99 (Register 99, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-7-2000 or emergency language will be repealed by operation of law on the following day.

4. Repealed by operation of Government Code section 11346.1(g) (Register 2000, No. 2).

5. New section filed 1-14-2000 as an emergency; operative 1-14-2000 (Register 2000, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-15-2000 or emergency language will be repealed by operation of law on the following day.

6. Repealer and new section filed 3-13-2000 as an emergency; operative 3-13-2000 (Register 2000, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-11-2000 or emergency language will be repealed by operation of law on the following day.

7. Reinstatement of section as it existed prior to 3-13-2000 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 30).

8. Repealer and new section filed 7-26-2000 as an emergency; operative 7-26-2000 (Register 2000, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-27-2000 or emergency language will be repealed by operation of law on the following day.

9. Repealer and new section refiled 11-27-2000 as an emergency; operative 11-27-2000 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2001 or emergency language will be repealed by operation of law on the following day.

10. Certificate of Compliance as to 7-26-2000 order transmitted to OAL 3-22-2001 and filed 5-2-2001 (Register 2001, No. 18).