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California Code of Regulations
Title 17, Division 2
Chapter 3 - Community Services
SubChapter 4 - Residential Services and Quality Assurance Regulations
Article 6 - Welfare and Institutions Code Section 4695.2 Direct Care Staff Training Regulations
§56034. Waiver Requirements for Facilities.
§56034. Waiver Requirements for Facilities.
 
(a) A facility may apply in writing to the regional center for a waiver of the competency-based training and competency testing requirements specified in Section 56033 (a)(1) and (2) when the facility:
(1) Has a consumer population of less than one third (33.3%) regional center consumers as defined in Section 56002 (a)(5); and
(2) Is able to document in its written application to the regional center that the granting of a waiver will not create an adverse impact on consumer health and safety.
(b) To apply for a waiver pursuant to subsection (a), the facility shall submit a training plan to the regional center which shall include, but not be limited to:
(1) A description of how the facility's training program meets the requirements for competency-based training required by Welfare and Institutions Code Section 4695.2;
(2) The titles of all facility staff who are required to attend the facility's training;
(3) The number of hours of training required by the facility's training plan;
(4) The period of time over which the facility's training is to be provided;
(5) A training schedule for facility staff who are currently employed and another training schedule for facility staff who are hired following the effective date of these regulations;
(6) The titles and qualifications of the individuals who will conduct the facility's training; and
(7) A methodology for assessing individual competency in the knowledge area(s) included in the training.
(c) Within 45 days of receiving a complete training plan from a facility, the regional center shall either approve or deny the facility's request for a waiver and notify the facility in writing, by certified mail, of the regional center's approval or denial.
(d) If the facility's request for a waiver is denied by the regional center, the facility may, within fifteen days of receipt of the regional center's denial of the facility's request for a waiver, appeal the regional center's denial of the facility's request for a waiver to the Department.
(e) To file an appeal, the facility shall send to the Department:
(1) A copy of the training plan which was submitted to the regional center by the facility;
(2) A copy of the regional center's written denial of the facility's request for a waiver; and
(3) Any other information which the facility considers appropriate to the appeal.
(f) The Department shall render a written decision to uphold or deny the regional center's denial of the facility's request for a waiver within forty-five days of receipt of the information submitted pursuant to subsection (e)(1) through (3).
(1) The Department's written decision shall be sent to the residential facility and the regional center via certified mail within 15 days of the decision being rendered.
(g) The Department's decision is final.
Note
Authority cited: Section 4695.2(e), Welfare and Institutions Code. Reference: Section 4695.2, Welfare and Institutions Code.
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. Refiling of 7-26-2000 order, including repealer and new section, 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).
11. Change without regulatory effect amending Note filed 2-28-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 9).