1. (a) To request the Department's approval to use rate increase funds received during calendar year 2000 for purposes other than those specified in Section 56932(a)(1) through (3), the licensee shall submit to the Department all of the following:

   1. (1) Payroll records and other relevant documentation which establish the compensation paid to every direct care staff member for the pay period including December 31, 1999, and which clearly demonstrate that on an hourly basis, the compensation of each direct care staff member with a minimum of six months of experience, for every hour worked that pay period, equaled or exceeded two hundred and ten percent (210%) of California's minimum wage in effect on December 31, 1998 ($12.08 per hour).
   2. (2) Work records which employers are required to maintain by Title 22, California Code of Regulations, Section 1085-2 for all employees; and
   3. (3) A description of the proposed use of the rate increase funds and an explanation of how the proposed use of rate increase funds is consistent with the criteria specified in Section 56936.
2. (b) The licensee's application shall be received by the Department no later than April 30, 2000.

3. (c) The proposed use of rate increase funds for a purpose other than those specified in Section 56932(a)(1) through (3) shall not be implemented until the licensee is notified in writing of the Department's approval.

   1. (1) The Department's written approval for the use of rate increase funds for a purpose other than those specified in Section 56932(a)(1) through (3) shall be sent to the licensee and the regional center via certified mail within 60 days of the receipt of the information required by subsections (a)(1) through (3).
4. (d) The Department's decision is final.

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 A Certificate of Compliance must be transmitted to OAL by 4-30-99 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL by 9-8-99 or emergency language will be repealed by operation of law on the following day.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).