1. (a) An eligibility determination must be made within 60 days of an individual submitting an application by meeting the requirements of 7041(b)(1)-(3), unless--

   1. (1) Exceptional and unforeseen circumstances beyond the control of the Department preclude making an eligibility determination within 60 days and the Department and the individual agree to a specific extension of time; or
   2. (2) Information required to make an eligibility determination must be obtained through trial work experience in accordance with Section 7062(h) of these regulations and cannot be obtained within 60 days.

2. (b) If the applicant does not agree to specific extension of time as specified in (a)(1) of this section, an eligibility determination shall be made based on the information available.

   1. (1) If the applicant does not agree with the eligibility determination, the applicant and/or his or her authorized representative shall be informed of the right to appeal the determination made by the Department through administrative review, mediation, and fair hearing as provided in Chapter 12 of these regulations.

3. (c) Prohibited factors:

   1. (1) The Department shall not impose, as part of determining eligibility, a duration of residence requirement that excludes from services any applicant who is present in the State.

      1. (A) The Department may not require the applicant to demonstrate a presence in the State through the production of any documentation that under State or local law, or practical circumstances, results in a de facto duration of residence requirement.

   2. (2) In making a determination of eligibility, the Department shall assure that--

      1. (A) No applicant or group of applicants is excluded or found ineligible solely on the basis of the type of disability; and

      2. (B) The eligibility requirements are applied without regard to the:

         1. 1. Age, gender, sex, race, color, or national origin of the applicant;
         2. 2. Type of expected employment outcome;
         3. 3. Source of referral for vocational rehabilitation services; and
         4. 4. Particular service needs or anticipated cost of services required by an applicant or the income level of an applicant or applicant's family.
         5. 5. Applicants' employment history or current employment status.
         6. 6. Applicants' educational status or current educational credential.

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 29 USC Sections 721 and 722; 34 CFR Sections 361.41 and 361.42; and Sections 19009, 19011 and 19103, Welfare and Institutions Code.

History

1. Amendment of article 3 heading and repealer of article 4 heading (sections 7075 and 7077), article 5 heading (sections 7090-7094) and article 6 heading (sections 7100-7102) filed 6-21-90; operative 7-21-90 (Register 90, No. 35).

2. Amendment of section and Note and adoption of text from former section 7061 filed 6-6-94 as an emergency; operative 6-6-94 (Register 94, No. 23). A Certificate of Compliance must be transmitted to OAL by 10-4-94 or emergency language will be repealed by operation of law on the following day.

3. Amendment of section and Note filed 7-6-94; operative 8-5-94 (Register 94, No. 27).

4. Certificate of Compliance as to 6-6-94 order including designations of subsections (a) and (b) and amendment of Note transmitted to OAL 8-30-94 and filed 10-13-94 (Register 94, No. 41).

5. Amendment of article and section headings, repealer and new section and amendment of Note filed 3-4-2004; operative 4-3-2004 (Register 2004, No. 10).

6. Amendment of subsection (a) filed 5-31-2016; operative 7-1-2016 (Register 2016, No. 23).

7. Amendment of subsection (a)(2), new subsection (c)(1)(A), amendment of subsection (c)(2)(B)1., new subsections (c)(2)(B)5.-6. and amendment of Note filed 2-17-2023; operative 2-17-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 7).