(a) An individual may become a Certified Application Counselor according to the following process:
(1) The Certified Application Entity shall notify the Exchange of the individual to be affiliated according to the process described in subdivision (c) of this section.
(2) The individual shall:
(A) Submit the following:
1. All information, documentation, and declarations required in subdivision (b) of this section; and
2. An executed agreement conforming to the roles and responsibilities defined in Section 6864 and 45 C.F.R. § 155.225;
(B) Within 30 calendar days of completing the requirements in (a)(2)(A) of this section:
1. Submit fingerprinting images in accordance with Section 6858(a);
2. Disclose to the Exchange all criminal convictions and administrative actions taken against the applicant;
3. Complete the required training established in Section 6860; and
4. Pass the required certification exam administered by the Exchange pursuant to Section 6860.
(3) Individuals who complete the above requirements, pass the Certified Application Counselor fingerprinting and criminal record check described in Section 6858, and have no administrative actions taken against them which are substantially related to the qualifications, functions, or duties of the specific position sought, shall be certified as Certified Application Counselors by the Exchange.
(4) Applicants who have been denied for reasons other than failure to pass the Certified Application Counselor fingerprinting and criminal record check may appeal the denial of their Certified Application Counselor application through the process established by Section 6862.
(b) An individual's application to become a Certified Application Counselor shall contain the following information:
(1) Legal name, e-mail address, and primary phone number;
(2) Driver's license number or identification number issued by the California Department of Motor Vehicles. If neither is available, the applicant may provide any other unique identifier found on an identification card issued by a federal, state, or local government agency or entity;
(3) Identification of the Certified Application Entity that the individual will affiliate with;
(4) Affiliated Certified Application Entity's primary site location address;
(5) Site(s) served by the individual;
(6) Mailing address of the primary site for the Certified Application Entity;
(7) The languages that the Certified Application Counselor can speak;
(8) The languages that the Certified Application Counselor can write;
(9) A certification by the individual that:
(A) The individual complies with the Certified Application Counselor agreement required by subdivision (a)(2)(A)2. of this section as well as all requirements as set forth in this Article, including but not limited to Section 6866;
(B) The individual is a natural person of not less than 18 years of age;
(C) The statements made in the application are true, correct, and complete to the best of his or her knowledge and belief;
(D) The individual will abide by all applicable privacy and security standards, including but not limited to those set forth in the agreement between the certified application entity and the Exchange required by Section 6854(a)(4)(B)1.; and
(E) The individual will adhere to all applicable state and federal laws and regulations.
(10) Signature and date signed.
(c) A Certified Application Entity shall notify the Exchange of every individual to be added or removed as an affiliated Certified Application Counselor. Such notification shall include:
(1) Name of the Certified Application Entity and the Certified Application Entity number;
(2) Name and signature of the Authorized Contact from the Certified Application Entity;
(3) Name, e-mail, and primary phone number of the individual to be added or removed;
(4) Effective date for the addition or removal of the individual; and
(5) Site(s) that the individual will serve or served.
Credits
Note: Authority cited: Section 100504, Government Code. Reference: Sections 1043 and 100502, Government Code; and 45 C.F.R. Sections 155.205 and 155.225.
History
1. New section filed 7-6-2015 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill (Stats. 2015, c. 18); operative 7-6-2015 (Register 2015, No. 28). A Certificate of Compliance must be transmitted to OAL by 7-6-2018 pursuant to Government Code section 100504(a)(6) or emergency language will be repealed by operation of law on the following day.
2. Refiling of 7-6-2015 order 9-21-2017, including amendment of subsections (b)(1) and (b)(9)(A)-(C), new subsections (b)(9)(D)-(E), repealer of subsections (c)(5)-(c)(5)(B) and new subsection (c)(5), as a deemed emergency pursuant to Government Code section 100504(a)(6); operative 9-21-2017 (Register 2017, No. 38). Senate Bill 833 (stats 2016, c.30) modified Government Code section 100504(a)(6) to extend the date upon which a Certificate of Compliance must be transmitted to OAL; a Certificate of Compliance must be transmitted to OAL by 7-6-2020 pursuant to Government Code section 100504(a)(6) or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-6-2015 order, including amendment of section and Note, transmitted to OAL 4-25-2019 and filed 6-7-2019; amendments operative 6-7-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 23).
4. Editorial correction of History 1 (Register 2019, No. 39).
This database is current through 4/26/24 Register 2024, No. 17.
