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DOR Regulations

Proposed Changes to DOR Regulations

Information on proposed changes to DOR Title 9, Division 3, California Code of Regulations (CCR) are available below. Full text of the proposed changes can be viewed here in "Rich Text" format.

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Subject: Conflict of Interest Regulations

Section(s) Affected: Amending Title 9 California Code of Regulations section 7400, Department's Conflict of Interest Code

Summary: The proposed amendments to the Department's current Conflict of Interest Code set forth in Title 9 California Code of Regulations section 7400 adds new positions that must report financial interests and assigns a disclosure category to these positions; repeals positions and divisions or sections listed in the current regulation that no longer exist; and amends position titles and/or disclosure categories listed in the current regulations.

- Notice of Intent (Rich Text Format)
- Conflict of Interest Regulations (Rich Text Format)
- Explanation of Reasons (Rich Text Format)

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Subject: Accreditation of Community Rehabilitation Programs (CRPs)

Section(s) Affected: Section 7331

Summary: The Department is proposing to amend Section 7331(b) of its existing regulations to allow for Department certification of specific services provided by community rehabilitation programs (CRPs) no less than every three years, in order to better coincide with time frames and standards set by the Commission on Accreditation of Rehabilitation Facilities (CARF). Under the proposed regulations, Department certification and CARF accreditation may be done concurrently. The Department is proposing to add a new subsection (e) to Section 7331 to waive a requirement for CARF accreditation of a CRP when annual service expenditures to a specific CRP by the Department are at or below the threshold level of $50,000, as averaged over the prior three consecutive years for that service. The proposed regulations provide that this threshold level shall be reviewed and adjusted by the Department no less than every three fiscal years. The Department is proposing a waiver of CARF accreditation because of a gap in the provision of Department services to individuals with the most significant disabilities who live in rural areas of California. Due to the significant cost of accreditation by CARF, smaller CRPs in rural areas of California cannot afford to be accredited by CARF and then certified by the Department to provide work services that are required by the Department's consumers, who do not receive the full range of services that they might otherwise receive. For rural programs serving a small number of Department consumers, it is necessary to develop and support services that serve the Department's goal, which is to make available vocational rehabilitation services to eligible individuals to assist those individuals to prepare for, secure, retain, or regain an employment outcome that is consistent with such individuals' strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

- Notice of Proposed Rulemaking (Rich Text Format)
- Proposed Text of Regulations (Rich Text Format)
- Initial Statement of Reasons (Rich Text Format)

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Subject: Business Enterprises Program for the Blind

Section(s) Affected: Delete Section 7219, amend Sections 7213, 7213.1, 7213.2, 7213.3, 7214, 7215, 7216, 7218, 7220, 7221, 7224, 7225, 7226, 7226.1, 7226.2, 7227, 7227.1, and 7227.2, and adopt Sections 7213.4, 7213.5, 7213.6, 7214.1, 7214.2, 7214.3, 7214.4, 7214.6, 7214.8, 7215.1, 7216.1, 7216.2, 7220.3, 7220.5, and 7220.7 of California Code of Regulations, title 9.

Summary: The Department of Rehabilitation administers the Business Enterprises Program for the Blind (BEP) in accordance with Welfare and Institutions Code section 19625 et seq. and the federal Randolph-Sheppard Act (20 U.S.C. 107 et seq.). The proposed regulations: repeal existing requirements and establish new requirements for issuance of a vendor license and the timeframe in which the BEP is to issue a license to a qualified individual; establish procedures for terminating or suspending a licensee’s or vendor’s license; repeal existing language and establish the procedures for terminating or suspending a vendor’s operating agreement; identify grounds or good cause for suspending or terminating a license or operating agreement; identify the grounds or good cause and procedures for a contracting agency to disapprove or withdraw approval of a vendor operating a vending facility on the property of the contracting agency; establish that to remain eligible to apply for a BEP vending facility, a licensee who has not operated a BEP vending facility in more than two years would need to fulfill specific requirements to ensure that the licensee maintains his or her qualifications to operate a BEP vending facility; provide the grounds upon which the BEP Manager could reinstate a license of a former licensee or vendor; provide the procedures for announcing the availability of vending facilities; establish eligibility requirements and procedures for applying to operate a vending facility; require each qualified applicant to submit a resume and business plan as part of the interview process for each vending facility he or she is applying to operate and identify information required to be included in the resume and business plan; establish the Selection Committee for Vending Facilities, which would be responsible for selecting an applicant to operate a vending facility; establish procedures for interviewing, scoring, and selecting applicants to operate available vending facilities and the consequences to an applicant who does not appear at a scheduled interview; establish the procedure for management interviews to select a vendor when there are fewer than three applicants; require a vendor who is currently operating a vending facility to resign that vending facility prior to or concurrently with accepting the offer to operate a different vending facility; authorize the program to place a vending facility into interim operation if the program manager determines it is in the best interest of the program to do so; provide procedures for announcing an available interim vending facility and selecting a licensee or vendor to operate the interim vending facility; procedures for the licensing of blind persons, including: suspension or termination of a licensee’s or vendor’s license, suspension or termination of a vendor’s operating agreement, good cause for suspension or termination of a license or operating agreement, disapproval or withdrawal of approval of a vendor by the contracting agency, expiration of a licensee’s or vendor’s license, and reinstatement of a licensee’s or vendor’s license; establish procedures for announcing the availability of vending facilities, application requirements and the application process, resume and business plan, selection committee for vending facilities, selection interviews of applicants, other methods of selection (management interviews), and vendor resignation from a vending facility to accept a different vending facility; establish procedures for placing a vending facility into interim operation and selection of a licensee or vendor to operate an interim vending facility; identify the factors that the Department shall consider in determining whether a vending facility site or location is feasible and the procedures once a determination is made as to the feasibility of a site or location; establish considerations and procedures for combining and consolidating vending facilities sites or locations into a single vending facility and closure of a vending facility; identify when a vendor must obtain prior approval to purchase his or her own equipment for use in his or her vending facility, permit the program to charge the vendor when the program maintains, repairs, or replaces vendor owned equipment, provide the BEP with the first option to purchase vendor owned equipment, and specifically authorize the BEP to take possession of vendor owned equipment when the vendor has unpaid financial obligations owed to the program; delete language regarding initial stock and loans for initial stock, and relocate language regarding initial stock to proposed section 7220.5; review the requirements for operating a vending facility; authorize the Department to place a vendor on probation under specific circumstances, allowing a vendor to take action to correct deficiencies identified by the Department; provide that an individual who is selected to operate his or her first vending facility in the program may be provided with initial stock or merchandise as part of the vocational rehabilitation services provided by the Department; establish procedures for when a vendor becomes incapacitated or dies; establish procedures regarding monthly operating reports and financial obligations owed to the BEP; allow a vendor who employs one or more disabled persons in his or her vending facility to claim a deduction from the set aside charges; provides for the collection and distribution of vending machine commissions on federal and state property consistent with federal law and regulation and state law; establish general provisions for elections and specific procedures for general and special elections for the California Vendors Policy Committee (CVPC); establish general provisions for administrative review and full evidentiary hearing procedures; establishes the procedures for administrative review, which the current regulations refer to as the informal administrative review; and establish the procedures for a full evidentiary hearing.

- Notice of Proposed Rulemaking (Rich Text Format)
- Proposed Text of Regulations (Rich Text Format)
- Initial Statement of Reasons (Rich Text Format)

The following documents are incorporated by reference in the proposed text and are available below in Microsoft Word. If you need the forms provided to you in another format, please contact:

Department of Rehabilitation
Office of Legal Affairs and Regulations
721 Capitol Mall
Sacramento, CA 95814-4702
Voice: (916) 558-5833
Fax: (916) 558-5826
TTY: (916) 558-5807
Email: jawalker@dor.ca.gov

- DR0456 Certification Eligibility For BEP License (MS Word Format)
- DR0468 Facility License (MS Word Format)
- DR0478 Monthly Operating Report (MS Word Format)
- DR0478A PL Instructions (MS Word Format)
- DR0484 Vending Facility Review (MS Word Format)

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Subject: Business Enterprises Program for the Blind

Section(s) Affected: Amend Sections 7210, 7211, and 7212 and adopt Sections 7212.1, 7212.2, 7212.3, and 7212.4 of California Code of Regulations, title 9.

Summary: The Department of Rehabilitation administers the Business Enterprises Program for the Blind in accordance with Welfare and Institutions Code section 19625 et seq. and the federal Randolph-Sheppard Act (20 U.S.C. 107 et seq.). The proposed regulations define terms specific to the program, amend eligibility requirements, and establish the selection process for applicants, training program, responsibilities of program participants, performance standards, and in-service and upward mobility training for program participants.

- Notice of Proposed Rulemaking (Rich Text Format)
- Proposed Text of Regulations (Rich Text Format)
- Initial Statement of Reasons (Rich Text Format)

The following documents are incorporated by reference in the proposed text and are available below in Microsoft Word. If you need the forms provided to you an another format, please contact:

Department of Rehabilitation
Office of Legal Affairs and Regulations
721 Capitol Mall
Sacramento, CA 95814-4702
Voice: (916) 558-5833
Fax: (916) 558-5826
TTY: (916) 558-5807
Email: jawalker@dor.ca.gov

- DR0441 Performance Standards Receipt (MS Word Format)
- DR0445A C-T Training Evaluation Instructions (MS Word Format)
- DR0445 C-T Training Evaluation (MS Word Format)
- DR0446 Pre Entry Evaluation (MS Word Format)
- DR0454 C-T Final Appraisal (MS Word Format)
- DR0456 Certification Eligibility For BEP License (MS Word Format)
- DR0468 Facility License (MS Word Format)
- DR0478 Monthly Operating Report (MS Word Format)
- DR0478A PL Instructions (MS Word Format)

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Notice of public meetings and any agendas for those meetings will be posted on the DOR Public Forum pages.

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How to Participate

(Submit Your Comments on Draft Regulations Here):

Comments should be submitted via email to jawalker@dor.ca.gov.

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Recently Adopted DOR Regulations

Laws and Regulations Relevant to Current Public Proceedings:

Below is a list of recently adopted DOR regulations available at the California Code of Regulations (CCR) web page. Because of the design of the CCR page, we are unable to give you a direct link to the correct section. To locate the correct section, select the "List of CCR Titles" link on the left side of the main CCR page. Then select the "TITLE 9. Rehabilitative And Developmental Services" link and select the "plus" sign next to "Division 3. Department of Rehabilitation". You will then be in the Department's section of the regulations allowing you to look through the chapters and find the section you would like to read.

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Subject: None At This Time

Section(s) Affected: N/A

Summary: N/A

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