1. (a) Make the ineligibility determination only after providing an opportunity for full consultation with the individual or, as appropriate, the individual's representative.

2. (b) Notify the individual in writing, supplemented as necessary by other appropriate modes of communication consistent with the informed choice of the individual, of the ineligibility determination including--

   The reasons for the ineligibility determination;

   The requirements of this section; and

   A description of the means by which the individual may obtain review of the ineligibility determination, including the individual's right to an administrative review, mediation, and fair hearing pursuant to Chapter 12 of these regulations.

3. (c) Provide the individual with a description of services available from the Client Assistance Program and information on how to contact that program.

4. (d) Refer the individual to other programs that are part of the one-stop service delivery system under the Workforce Innovation and Opportunity Act, known as America's Job Centers of California, that can address the individual's training or employment-related needs; or

   1. (1) To federal, state, or local programs or service providers, including, as appropriate, independent living programs and extended employment providers, best suited to meet their rehabilitation needs, if the ineligibility determination is based on a finding that the individual has chosen not to pursue, or is incapable of achieving, an employment outcome as defined in section 7011 of these regulations.
5. (e) Place a copy of the written notice of ineligibility described in (b) of this section in the individual's record of services and close the record of services in accordance with the provisions of Chapter 4 of these regulations.

If the Department determines that an applicant is ineligible for vocational rehabilitation services from the Department or determines that an eligible individual is no longer eligible for services, the Department must--

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 29 USC 722; 34 CFR Sections 361.43 and 361.47; and Section 19011, Welfare and Institutions Code.

History

1. New section filed 3-4-2004; operative 4-3-2004 (Register 2004, No. 10).

2. Amendment of first paragraph and subsection (a) filed 10-4-2011; operative 11-3-2011 (Register 2011, No. 40).

3. Amendment of section and Note filed 2-17-2023; operative 2-17-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 7).