Statutes, codes, and regulations
California Code Of Regulations
Title 17 - Public HealthDivision 2 - Health and Welfare Agency-Department of Developmental Services RegulationsChapter 3 - Community ServicesSubchapter 2 - Vendorization
Article 2 - Vendorization Process
Section 54314 - Ineligibility for Vendorization

Cal. Code Regs. tit. 17 § 54314

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Current through Register 2024 Notice Reg. No. 43, October 25, 2024
Section 54314 - Ineligibility for Vendorization
(a) The following applicants shall not be vendored:
(1) Any officer or employee of the State of California;
(2) Any applicant in which an officer or employee of the State of California has a financial interest, as defined in the Government Code, Section 87103, except as permitted by Public Contract Code, Section 10430(g), effective January 1, 1992;
(3) Employees and board members of any regional center with a conflict of interest pursuant to Title 17, Sections 54500 through 54525, unless the conflict is eliminated or a waiver is obtained pursuant to Title 17, Sections 54522 through 54525;
(4) Any applicant in which the regional center employee or board member has a relationship which creates a conflict of interest pursuant to Title 17, Sections 54500 through 54525, unless the conflict is eliminated or a waiver is obtained pursuant to Title 17, Sections 54522 through 54525;
(5) Consumers, to provide services for, or to, themselves except to:
(A) Provide transportation services to themselves as specified in Section 54355(g)(5); and
(B) Serve as their own Supported Living Service vendors as specified in Title 17, Section 58616.
(6) Except as specified in Section 54318 of these regulations, any applicant located outside the state.
(7) Any applicant that has been determined to be an excluded individual or entity as defined in Section 54302(b)(1).

Cal. Code Regs. Tit. 17, § 54314

1. New section filed 6-26-90 as an emergency; operative 7-1-90 (Register 90, No. 36). A Certificate of Compliance must be transmitted to OAL by 10-29-90 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-26-90 order transmitted to OAL 9-28-90 and filed 10-29-90 (Register 90, No. 46).
3. Amendment of subsection (a)(5) filed 9-26-91; operative 9-26-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 10).
4. Amendment of subsection (a)(2) and NOTE filed 11-5-91 as an emergency; operative 11-5-91 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 3-4-92 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsection (a)(2) refiled 3-4-92 as an emergency; operative 3-4-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 7-2-92 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 3-4-92 order including amendment of text and NOTE transmitted to OAL 6-25-92 and filed 8-6-92 (Register 92, No. 33).
7. Amendment of section filed as an emergency 6-17-93; operative 6-17-93. Submitted to OAL for printing only pursuant to SB485 (Chapter 722, Statutes of 1992) Section 147(a) (Register 93, No. 26).
8. Amendment of subsection (a)(5)(A) filed 6-20-94 as an emergency; operative 6-20-94. Submitted to OAL for printing only pursuant to Chapter 722, Statutes of 1992, Section 147 (Register 94, No. 25).
9. Certificate of Compliance as to 6-17-93 order transmitted to OAL 6-20-94 and filed 8-2-94 (Register 94, No. 31).
10. Amendment of subsections (a)(5)-(a)(5)(A), new subsection (a)(5)(B) and amendment of NOTE filed 8-14-95 as an emergency; operative 8-14-95 (Register 95, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-12-95 or emergency language will be repealed by operation of law on the following day.
11. Amendment of subsections (a)(5)-(a)(5)(A), new subsection (a)(5)(B) and amendment of NOTE refiled 12-4-95 as an emergency; operative 12-12-95 (Register 95, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-10-96 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 6-20-94 order transmitted to OAL 2-20-96 and filed 3-29-96 (Register 96, No. 13).
13. Amendment of subsections (a)(5)-(a)(5)(A), new subsection (a)(5)(B) and amendment of NOTE refiled 4-8-96 as an emergency; operative 4-10-96 (Register 96, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-6-96 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 8-14-95 order, including further amendment of NOTE, transmitted to OAL 8-8-96 and filed 9-20-96 (Register 96, No. 38).
15. New subsection (a)(7) and amendment of NOTE filed 12-27-2011 as a deemed emergency pursuant to Welfare and Institutions Code section 4648.12; operative 12-27-2011 (Register 2011, No. 52). A Certificate of Compliance must be transmitted to OAL within 18 months or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 12-27-2011 order transmitted to OAL 2-15-2013 and filed 4-2-2013 (Register 2013, No. 14).

Note: Authority cited: Sections 4405, 4648(a), 4648.12(c)(1)(A) and 4689, Welfare and Institutions Code; and Section 11152, Government Code. Reference: Sections 4626, 4627, 4631, 4648(a), 4648.1(d), 4648.12 and 4689(a)(1), Welfare and Institutions Code; Section 10430(g), Public Contract Code; and Title 42, Code of Federal Regulations, Sections 455.104, 455.105 and 455.106.

1. New section filed 6-26-90 as an emergency; operative 7-1-90 (Register 90, No. 36). A Certificate of Compliance must be transmitted to OAL by 10-29-90 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-26-90 order transmitted to OAL 9-28-90 and filed 10-29-90 (Register 90, No. 46).
3. Amendment of subsection (a)(5) filed 9-26-91; operative 9-26-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 10).
4. Amendment of subsection (a)(2) and Note filed 11-5-91 as an emergency; operative 11-5-91 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 3-4-92 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsection (a)(2) refiled 3-4-92 as an emergency; operative 3-4-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 7-2-92 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 3-4-92 order including amendment of text and Note transmitted to OAL 6-25-92 and filed 8-6-92 (Register 92, No. 33).
7. Amendment of section filed as an emergency 6-17-93; operative 6-17-93. Submitted to OAL for printing only pursuant to SB485 (Chapter 722, Statutes of 1992) Section 147(a) (Register 93, No. 26).
8. Amendment of subsection (a)(5)(A) filed 6-20-94 as an emergency; operative 6-20-94. Submitted to OAL for printing only pursuant to Chapter 722, Statutes of 1992, Section 147 (Register 94, No. 25).
9. Certificate of Compliance as to 6-17-93 order transmitted to OAL 6-20-94 and filed 8-2-94 (Register 94, No. 31).
10. Amendment of subsections (a)(5)-(a)(5)(A), new subsection (a)(5)(B) and amendment of Note filed 8-14-95 as an emergency; operative 8-14-95 (Register 95, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-12-95 or emergency language will be repealed by operation of law on the following day.
11. Amendment of subsections (a)(5)-(a)(5)(A), new subsection (a)(5)(B) and amendment of Note refiled 12-4-95 as an emergency; operative 12-12-95 (Register 95, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-10-96 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 6-20-94 order transmitted to OAL 2-20-96 and filed 3-29-96 (Register 96, No. 13).
13. Amendment of subsections (a)(5)-(a)(5)(A), new subsection (a)(5)(B) and amendment of Note refiled 4-8-96 as an emergency; operative 4-10-96 (Register 96, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-6-96 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 8-14-95 order, including further amendment of Note , transmitted to OAL 8-8-96 and filed 9-20-96 (Register 96, No. 38).
15. New subsection (a)(7) and amendment of Note filed 12-27-2011 as a deemed emergency pursuant to Welfare and Institutions Code section 4648.12; operative 12-27-2011 (Register 2011, No. 52). A Certificate of Compliance must be transmitted to OAL within 18 months or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 12-27-2011 order transmitted to OAL 2-15-2013 and filed 4-2-2013 (Register 2013, No. 14).