§ 14001. Limitations on Licensure or Certification for Aliens.
9 CA ADC § 14001Barclays Official California Code of Regulations
9 CCR § 14001
§ 14001. Limitations on Licensure or Certification for Aliens.
(a) The requirements of this regulation shall apply to all sole proprietors applying for public benefits. For purposes of this regulation, the term “public benefits” means a license to operate a driving under the influence program, as set forth in Chapter 9 (commencing with Section 11836), Part 2, Division 10.5 of the Health and Safety Code; a license to operate a narcotic treatment program, as set forth in Article 3 (commencing with Section 11875, Chapter 1, Part 3, Division 10.5 of the Health and Safety Code; a license to operate a residential, alcoholism or drug abuse recovery or treatment facility, as set forth in Article 1 (commencing with Section 11834.01), Chapter 7.5, Part 2, Division 10.5 of the Health and Safety Code; or a certificate to provide alcohol program services, as set forth in Chapter 7 (commencing with Section 11830), Part 2, Division 10.5 of the Health and Safety Code or drug program services, as set forth in Section 11994 of the Health and Safety Code.
(c) Pursuant to Section 411 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub.L. No. 104-193 (PRWORA)), (8 U.S.C. § 1621), and notwithstanding any other provision of this Division, aliens who are not qualified aliens, nonimmigrant aliens under the Immigration and Nationality Act (INA) (8 U.S.C. § 1101 et seq.), or aliens paroled into the United States under Section 212(d)(5) of the INA (8 U.S.C. § 1182(d)(5)) for less than one year, are not eligible to receive public benefits, as defined in subsection (a) of this regulation.
(5) An alien whose deportation is being withheld under Section 243(h) of the INA (8 U.S.C. § 1253(h)) (as in effect immediately before the effective date of Section 307 of Division C of Public Law 104-208) or Section 241(b)(3) of such Act (8 U.S.C. § 1251(b)(3)) (as amended by Section 305(a) of Division C of Public Law 104-208).
(A) The alien has been battered or subjected to extreme cruelty in the United States by a spouse or a parent, or by a member of the spouse's or parent's family residing in the same household as the alien, and the spouse or parent of the alien consented to, or acquiesced in, such battery or cruelty. For purposes of this subsection, the term “battered or subjected to extreme cruelty” includes, but is not limited to being the victim of any act or threatened act of violence including any forceful detention, which results or threatens to result in physical or mental injury, rape, molestation, incest (if the victim is a minor), or forced prostitution.
4. Public benefits are needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the alien to lose his or her job or to earn less or to require the alien to leave his or her job for safety reasons.
6. Public benefits are needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into day care for fear of being found by the abuser).
3. Suspension of deportation and adjustment of status pursuant to Section 244(a)(3) of the INA (8 U.S.C. Sec. 1254) as in effect prior to April 1, 1997 (Pub.L. 104-208, Sec. 501 (effective Sept. 30, 1996, pursuant to Sec. 591); Pub.L. 104-208, Sec. 304 (effective April 1, 1997, pursuant to Sec. 309); Pub. L. 105-33, Sec. 5581 (effective pursuant to Sec. 5582)) (incorrectly codified as “cancellation of removal under Section 240A of Such Act [8 USCS Sec. 1229b] as in effect prior to April 1, 1997”).
(A) The alien has a child who has been battered or subjected to extreme cruelty in the United States by a spouse or a parent of the alien (without the active participation of the alien in the battery or cruelty), or by a member of the spouse's or parent's family residing in the same household as the alien, and the spouse or parent consented or acquiesced to such battery or cruelty. For purposes of this subsection, the term “battered or subjected to extreme cruelty” includes, but is not limited to being the victim of any act or threatened act of violence including any forceful detention, which results or threatens to result in physical or mental injury, rape, molestation, incest (if the victim is a minor), or forced prostitution.
(C) The Department has determined that there is a substantial connection between such battery or cruelty and the need for public benefits. For purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for public benefits:
4. Public benefits are needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the alien's child to lose his or her job or to earn less or to require the alien's child to leave his or her job for safety reasons.
6. Public benefits are needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien's child's ability to care for his or her children (e.g., inability to house, feed, or clothe children, or to put children into day care for fear of being found by the abuser).
(1) The applicant must declare himself or herself to be a citizen of the United States, a qualified alien under subsection (d) of this regulation, a nonimmigrant alien under subsection (e) of this regulation, or an alien paroled into the United States for less than one year under Section 212(d)(5) of the INA (8 U.S.C. § 1182(d)(5)). The applicant shall declare that status through use of the “Statement of Citizenship, Alienage, and Immigration Status for State Public Benefits,” [Form ADP 10045 (new 1/98)], which is hereby incorporated by reference.
(2) The applicant must present documents of a type acceptable to the Immigration and Naturalization Service (INS) which serve as reasonable evidence of the applicant's declared status. A fee receipt from the INS for replacement of a lost, stolen, or unreadable INS document is reasonable evidence of the alien's declared status.
(4) Where the documents presented do not on their face appear to be genuine or to relate to the individual presenting them, the Department shall contact the government entity that originally issued the documents for verification. With regard to naturalized citizens and derivative citizens presenting certificates of citizenship and aliens, the INS is the appropriate government entity to contact for verification. The Department shall request verification from the INS by filing U.S. Department of Justice INS Form G-845, Document Verification Request (Rev. 06/06/89) with copies of the pertinent documents provided by the applicant with the local INS office. If the applicant has lost his or her original documents or presents expired documents or is unable to present any documentation evidencing his or her immigration status, the Department shall refer the applicant to the local INS office to obtain documentation.
(D) The document is one of the following: an INS Form I-181b notification letter issued in connection with an INS Form I-181 Memorandum of Creation of Record of Permanent Residence, an Arrival-Departure Record (INS Form I-94) or a foreign passport stamped “PROCESSED FOR I-551, TEMPORARY EVIDENCE OF LAWFUL PERMANENT RESIDENCE” that INS issued more than one year before the date of application for public benefits.
(6) If the INS advises that the applicant has citizenship status or immigration status which makes him or her a qualified alien, a nonimmigrant or alien paroled for less than one year under Section 212(d)(5) of the INA, the INS verification shall be accepted. If the INS advises that it cannot verify that the applicant has citizenship status or an immigration status that makes him or her a qualified alien, a nonimmigrant, or an alien paroled for less than one year under Section 212(d)(5) of the INA, public benefits shall be denied and the applicant notified of his or her right to appeal the denial of public benefits.
(g) Pursuant to Section 434 of the PRWORA (8 U.S.C. § 1644), where the Department reasonably believes that an alien is unlawfully in the state based on the failure of the alien to provide reasonable evidence of the alien's declared status, after an opportunity to do so, the Department shall report said alien to the Immigration and Naturalization Service.
(h) Any applicant who is determined to be ineligible pursuant to subsection (b) and (e) or who whose application for public benefits is denied, shall be entitled to a hearing, pursuant to the Administrative Procedures Act [Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code].
Credits
Note: Authority cited: Sections 11755, 11835, 11836.15 and 11864, Health and Safety Code. Reference: Sections 11836, 11834.01 and 11876, Health and Safety Code; and Sections 1621, 1641 and 1642, Title 8, United States Code.
History
1. New chapter 10 (section 14001) and section filed 3-9-98 as an emergency; operative 3-9-98 (Register 98, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-7-98 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-9-98 order, including amendment of section, transmitted to OAL 6-4-98 and filed 7-10-98 (Register 98, No. 28).
This database is current through 6/14/24 Register 2024, No. 24.
Cal. Admin. Code tit. 9, § 14001, 9 CA ADC § 14001
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