All members of the board shall be veterans as “veteran” is defined in Section 18540.4 of the Government Code. One of these members shall also be retired from the active or reserve forces of the United States military service. One of these members shall also be a resident of a California veterans home. This subdivision shall not be construed to prohibit a member of the board who does not meet this requirement from serving the remainder of their term.

§ 66.5

Amended by Stats. 2024, Ch. 129, Sec. 2. (SB 1097) Effective January 1, 2025.

(a)Every member of the board shall be a member in good standing with a congressionally chartered veteran service organization.

(b)One member of the board shall have substantial training, professional knowledge, or experience in the issues faced by female veterans which may include, but are not limited to, the following issues:

(1)Combat-related disorders.

(2)Sexual trauma.

(3)Homelessness.

(c)This section does not prohibit

any member of the board from serving the remainder of their term.

§ 67

Amended by Stats. 2010, Ch. 183, Sec. 3. (SB 1387) Effective January 1, 2011.

(a)Of the members as appointed, except as provided in subdivision (b), one shall be appointed for a term expiring January 15, 1947, two for terms expiring January 15, 1948, two for terms expiring January 15, 1949, and two for terms expiring January 15, 1950. Subsequent appointments shall be for terms of four years.

(b)The member of the board who is a resident of a California veterans home shall be appointed for a term expiring January 15 of an odd-numbered year. Subsequent appointments shall be made on a rotational basis based on the age of the home, beginning with the oldest veterans home with independent living.

(c)Vacancies shall be immediately filled by the Governor for the unexpired portion of the terms in which they occur.

§ 68

Amended by Stats. 1981, Ch. 305, Sec. 1.

Each member of the board shall receive, for each day’s attendance at each meeting of the board, a per diem of fifty dollars ($50) and shall receive the same per diem for each day spent on official duties assigned by the board. In addition, each member shall be reimbursed for his necessary traveling and other expenses incurred in the performance of his official duties.

§ 69

Amended by Stats. 1993, Ch. 138, Sec. 3. Effective January 1, 1994.

(a)The board shall hold meetings at times and at places as shall be determined by it.

(b)Special meetings may be called at any time by the chairperson or by the executive officer at the request of any four members, upon notice specifying the matters to be acted upon at the meeting, but no other matters shall be acted upon at these special meetings which were not so noticed.

§ 69.7

Added by Stats. 2001, Ch. 220, Sec. 2. Effective August 31, 2001.

In the budget submitted by the department pursuant to Section 13320 of the Government Code, the board shall have its budget separately stated. Those funds allocated for the board shall be used solely as determined by the members of the board, for the board’s operation and other necessary purposes as the board may determine.

§ 69.9

Added by Stats. 2008, Ch. 751, Sec. 62. Effective September 30, 2008.

(a)On or before January 10, 2009, and on or before January 10 of each year thereafter, the department shall provide the fiscal committees of both houses of the Legislature with a fiscal estimate package containing the anticipated budget year costs of carrying out the current year’s level of service as authorized by the Legislature for the state veterans homes.

(b)(1) The fiscal estimate package shall include, but not be limited to, the following information, which shall be provided for each veterans home:

(A) An annual resident census by level of care.

(B) An annual position summary by level of care and nonlevel of care.

(i)Cost adjustments specific to the adjustment in the number of residents by level of care.

(ii) Any staff adjustments, whether level of care or nonlevel of care.

(D) A fiscal display of any moneys budgeted by the department as revenues or recoveries to the General Fund.

(2)Each fiscal estimate package shall include, in addition to the information provided pursuant to paragraph (1), a description of the assumptions and methodologies used for calculating the resident level of care factors, all staffing costs, and operating and equipment expenses. Fiscal bridge charts shall be included that display the year-to-year changes in funding levels by funding source.

(3)The department may provide any additional information as deemed appropriate to provide a comprehensive fiscal perspective to the Legislature for the analysis and deliberations for purposes of appropriation.

(c)On or before May 15, 2009, and on or before May 15 of each year thereafter, the department shall provide the fiscal committees of both houses of the Legislature with an updated fiscal estimate package that shall include, but is not limited to, an updated fiscal display of any moneys budgeted by the department as revenues or recoveries to the General Fund and updated fiscal bridge charts that display the year-to-year changes in funding levels by funding source.

§ 70

Amended by Stats. 2024, Ch. 129, Sec. 3. (SB 1097) Effective January 1, 2025.

(a)The Department of Veterans Affairs succeeds to, and is vested with, the duties, powers, purposes, responsibilities, and jurisdiction of the Department of Military and Veterans’ Affairs, the Division of Veterans’ Welfare, the Veterans’ Welfare Board, the California Veterans’ Commission, the Division of Veterans’ Homes, the Board of Directors of the Veterans’ Home of California, and the Board of Directors of the Woman’s Relief Corps Home of California and of the officers and employees of that department, those divisions and boards, and that commission, except that the Secretary of Veterans Affairs, in lieu of the Director of Military and Veterans’ Affairs, is a member of the Governor’s cabinet and, in lieu

of the chair of the Veterans’ Welfare Board, is a member of each and every veterans’ finance committee of which the chair until now has been a member.

(b)(1) There is hereby created the California Veterans Memorial Registry Fund, for the deposit of financial contributions made for the support of the Veterans Registry, which is part of the California Veterans Memorial. Notwithstanding Section 13340 of the Government Code and without regard to fiscal years, the money in the fund is hereby continuously appropriated to the department for the purpose of defraying the costs of data entry and system management for the Veterans Registry and the reasonable costs that are incurred by the department for administering the fund.

(2)In order to be eligible for inclusion in the

Veterans Registry, a person must have served in the active military of the United States, received a discharge under honorable conditions, and resided in California at some time before, during, or after

their military service. Failure to meet this eligibility requirement constitutes good cause for removal of the person’s name from the Veterans Registry.

§ 71

Amended by Stats. 2001, Ch. 220, Sec. 3. Effective August 31, 2001.

(a)The members of the board shall select one of their members to serve as chairperson, who shall hold office as chairperson at the pleasure of the board.

(b)The chairperson of the board, with the concurrence of a majority of the members of the board, shall appoint an executive officer, who shall attend all meetings of the board, keep a full and true record of all its proceedings, preserve at its general office all its books, documents, and papers, and perform other duties that the board may prescribe.

(c)The department shall provide the board with adequate office and meeting space at no cost to the board. This space shall be easily accessible to disabled veterans.

§ 72

Amended by Stats. 2013, Ch. 692, Sec. 4. (AB 717) Effective January 1, 2014.

The California Veterans Board shall advise the department and secretary on policies for operations of the department. The department shall respond to all proposed policy changes offered by the California Veterans Board prior to the next scheduled meeting of the board.

§ 73

Added by Stats. 1946, 1st Ex. Sess., Ch. 114.

The California Veterans Board may create advisory committees consisting of veterans to advise the board in specific fields under or relating to the jurisdiction of the board. The board shall appoint the members thereof and they shall serve at its pleasure. The board shall also designate the chairman and vice chairman therof. The committees shall be under the direction of the board and shall be wholly advisory in character and shall not be delegated any administrative authority or responsibility. Members of such committees shall not receive compensation from the State for their services, but when called into conference or session by the board shall be reimbursed for their actual and necessary expenses incurred in connection with such conferences or sessions, and for purposes of such reimbursement shall be deemed to be nonsalaried commission members.

§ 73.4

Added by Stats. 2013, Ch. 692, Sec. 5. (AB 717) Effective January 1, 2014.

The secretary and the board shall each seek to confer with the California State Commanders Veterans Council at least twice per calendar year on issues affecting California veterans.

§ 73.7

Amended by Stats. 2024, Ch. 129, Sec. 4. (SB 1097) Effective January 1, 2025.

(a)Any state officer or employee who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against an employee of any state department, board, or authority for having disclosed what the employee, in good faith, believed to be improper activities regarding veterans programs that are supported by the state shall be disciplined by adverse action as provided in Section 19572 of the Government Code. If an adverse action is not instituted by the appointing power, the State Personnel Board shall take adverse action in the same manner as provided in Section 19583.5 of the Government Code.

(b)In addition to all other

causes of action, penalties, or other remedies provided by law, a state officer or employee who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against an employee for having disclosed what the employee, in good faith, believed to be improper activities regarding veterans programs that are supported by the state shall be liable in an action for damages brought against them

by the injured party. Punitive damages may be awarded by the court if the acts of the offending party are proven to be malicious. If liability has been established, the injured party also shall be entitled to reasonable attorney’s fees as provided by law.

§ 73.8

Amended by Stats. 2004, Ch. 218, Sec. 3. Effective January 1, 2005.

The board shall have access to all documents and employees of the department.

§ 74

Amended by Stats. 1995, Ch. 261, Sec. 3. Effective January 1, 1996.

(a)The chief administrative officer of the Department of Veterans Affairs shall be the Secretary of Veterans Affairs who shall be a civil executive officer.

(b)The Secretary of Veterans Affairs shall be a veteran as “veteran” is defined in Section 18540.4 of the Government Code.

(c)Whenever the term “Director of Veterans Affairs” or “director” appears in this code, it shall mean the Secretary of Veterans Affairs.

§ 75

Amended by Stats. 2002, Ch. 465, Sec. 1. Effective January 1, 2003.

The secretary shall be appointed by and serve at the pleasure of the Governor.

§ 76

Amended by Stats. 2002, Ch. 465, Sec. 2. Effective January 1, 2003.

The annual salary of the secretary is provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code.

§ 78

Amended by Stats. 2021, Ch. 549, Sec. 1. (SB 661) Effective January 1, 2022.

(a)The Secretary of Veterans Affairs is head of the department and, as head of the department and subject to the policies adopted by the board, shall perform all duties, exercise all powers and jurisdiction, assume and discharge all responsibilities and carry out and effect all provisions now or hereafter vested by law in the department.

(b)The secretary may designate a deputy, employee, or other official in the department to act for them and to represent them at meetings.

(c)The secretary may delegate to one or more of their designees, or to any other official or employee of the department, any powers and duties that they may deem proper, including, but not limited to, the power to enter into contracts, and authorize and sign any and all documents necessary for effectuating the sale of bonds.

§ 78.5

Added by Stats. 2002, Ch. 977, Sec. 3. Effective September 27, 2002.

The secretary shall conduct audits as required by Section 13402 of the Government Code, on internal controls of the department, that shall be provided to the inspector general.

§ 79

Amended by Stats. 2024, Ch. 129, Sec. 5. (SB 1097) Effective January 1, 2025.

There shall be an Undersecretary of Veterans Affairs, who shall be a civil executive officer. The holder of this position shall be appointed and their salary shall be established by the secretary pursuant to law.

§ 79.1

Amended by Stats. 2024, Ch. 221, Sec. 1. (AB 1994) Effective January 1, 2025.

In addition to the Undersecretary of Veterans Affairs, there shall be within the department, and the secretary shall appoint, both of the following:

(a)A Deputy Secretary of Women Veterans Affairs,

who shall have responsibility over

the administration of women veterans affairs.

(b)A Deputy Secretary of Minority and Underrepresented Veterans Affairs, who shall have responsibility over the administration of minority and underrepresented veterans affairs.

§ 79.2

Added by Stats. 1999, Ch. 511, Sec. 1. Effective January 1, 2000.

(a)In addition to the secretary, the Governor shall appoint a Deputy Secretary of Veterans Homes, to serve at the pleasure of the secretary, who shall be responsible for the administration of all sites of the California veterans homes.

(b)It is preferable that the deputy secretary is a medical doctor who holds a valid, unrevoked, and unsuspended license to practice medicine in this state, or is a professionally trained hospital administrator with (1) experience in managing a multihospital organization and (2) training or experience in the care of the elderly.

(c)The role of the deputy secretary shall be to oversee and monitor all aspects of medical care that is being provided to men and women veterans who are residents in any California veterans home.

§ 79.3

Added by Stats. 2017, Ch. 28, Sec. 37. (SB 96) Effective June 27, 2017.

(a)Notwithstanding any other law, the department may adopt, amend, or repeal regulations concerning the administration and operation of the Veterans’ Home of California. Except as otherwise provided, these regulations shall be adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

(b)The department may adopt, amend, and repeal emergency regulations concerning the administration and operation of the Veterans’ Home of California in compliance with Section 11346.1 of the Government Code. However, if special circumstances, as defined in subdivision (c), are present, then those regulations shall not be subject to the requirements regarding findings

of emergency in paragraph (2) of subdivision (b) of Section 11346.1 of the Government Code. The emergency regulations adopted pursuant to this subdivision shall remain in effect for one year, or until the effective date of regulations adopted pursuant to subdivision (a), whichever is earlier.

(c)Special circumstances shall be deemed to exist if the Secretary of Veterans Affairs states in writing to the Office of Administrative Law and the Department of Finance that the adoption, amendment, or repeal is necessary for one or more of the following reasons:

(1)The possible loss or delay in the receipt of federal, state, or local funding.

(2)The need to maintain licensing or certification by a state or federal agency for any Veterans’ Home of California facility or program.

(3)The need to protect against a serious and immediate threat to the health or safety of residents or staff in one or more of the facilities of the Veterans’ Home of California.

(4)The urgent need to comply immediately with recommendations of the Department of Finance or the California State Auditor.

§ 79.4

Added by Stats. 2017, Ch. 28, Sec. 38. (SB 96) Effective June 27, 2017.

(a)The department shall do all of the following concerning the operation and administration of the veterans’ homes:

(1)Take the necessary steps to ensure that all medical or other facilities under its jurisdiction satisfy all applicable federal and state and local licensing, certification, and other approval requirements, including, but not limited to, the requirements of the United States Department of Veterans Affairs, the federal Centers for Medicare and Medicaid Services, the State Department of Public Health, the State Department of Social Services, and the California State Board of Pharmacy, including preparation of plans of correction as required.

(2)Develop and maintain

clinical policies and procedures, including all of the following:

(A)Community standards for best clinical practices, including, but not limited to, practices recommended by the federal Centers for Disease Control and Prevention and the federal Centers for Medicare and Medicaid Services.

(B)The appropriate clinical standard of practice.

(C)Adopt fire and life safety policies and procedures consistent with the requirements of the State Fire Marshal and other applicable regulatory and licensing agencies.

(D)Adopt earthquake and environmental protection policies and procedures.

(b)The department may adopt regulations to implement this section. The adoption, amendment, or repeal of a

regulation authorized by this section is hereby exempted from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

§ 80

Amended by Stats. 1947, Ch. 292.

The director may employ subject to law such expert, technical, legal, clerical, and other employees as may be necessary to carry out his powers and duties and except as expressly otherwise provided in Section 71 of this chapter, the director shall be the sole appointing authority for the department for all positions. Whenever possible preference shall be given to veterans for employment in the department.

§ 83

Added by Stats. 1946, 1st Ex. Sess., Ch. 114.

Except to the extent inconsistent with the provisions of this chapter, the provisions of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code shall be applicable to the Department of Veterans Affairs as if the provisions of said Chapter 2 were set out fully herein.

Whenever in such chapter the term “head of the department” or similar designation occurs, it shall mean the director, except that for the purposes of Article 2 of said Chapter 2 it shall also mean both the board and any member of the board to whom the duty of conducting any investigation is given by the board.

§ 84

Amended by Stats. 2024, Ch. 129, Sec. 6. (SB 1097) Effective January 1, 2025.

(a)The secretary may, whenever they deem it advisable and shall, when required to do so by the board, present reports and recommendations to the board concerning any matter relating to veterans’ welfare whether or not provided by existing law.

(b)Notwithstanding any other law, the secretary shall not effectuate any policy change that would modify any veterans’ program without first fully briefing the board regarding the effects upon veterans of the proposed policy change.

(c)For the purposes of this section and Section 700, “program” means the

Veterans’ Home of California, the veterans’ farm and home purchase program, including any associated insurance programs, and any veterans’ education assistance program.

(d)“Policy change” for the purposes of this section means any

proposed changes to the programs set forth in subdivision (c) that would directly or indirectly affect the eligibility of veterans to participate in, the affordability for veterans of, or the financial stability of, those programs.

§ 85

Amended by Stats. 1969, Ch. 371.

Records of the department which are records of contract purchasers, shall not be open to inspection by the public.

§ 86

Amended by Stats. 2024, Ch. 129, Sec. 7. (SB 1097) Effective January 1, 2025.

(a)Any person deeming themself a veteran and who applies for benefits may appeal any decision made by a division of the department to the California Veterans Board. Upon receipt of the appeal, the board shall grant a hearing, if requested, and shall render its decision in writing to the appellant not later than the second meeting of the board following the receipt of the appeal or of the hearing if one is held. An appeal shall be deemed to have been received by the board on the date of the first meeting of the board subsequent to delivery of the appeal to the executive officer of the board. Except for judicial review, the board’s decision is final and the board shall have the power to change or modify with

good cause any decision that is adverse to the appellant. Except as described in subdivision (b), all hearings of appeals may be delegated by the board to the undersecretary or a deputy secretary of the department. Hearings shall be held in the department office nearest to the appellant’s home unless the appellant requests otherwise.

(b)Hearings of appeals related to the Veterans’ Farm and Home Purchase Act may be delegated by the board only to the Office of Administrative Hearings to be conducted by administrative law judges of the Office of Administrative Hearings pursuant to Chapter 4 (commencing with Section 11370) and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The administrative law judges shall submit their proposed decisions to the board for final decision. The

administrative law judges shall make all reasonable efforts to hold hearings at neutral locations, however, if no other facilities are available without incurring excessive costs, the hearings may be held at the department office nearest to the appellant’s home.

§ 88

Added by Stats. 1997, Ch. 300, Sec. 11. Effective August 18, 1997.

(a)Notwithstanding other provisions of law, including, but not limited to, Section 1 of Chapter 648 of the Statutes of 1992, as amended, the Department of Veterans Affairs shall enter into an agreement with the Department of Fish and Game that grants to the Department of Fish and Game for a period of 99 years, exclusive authority over management and control of approximately 340 acres of land being portions of Sections 19, 28, 29, and 30 of Township 7 North, Range 4 West, Mount Diablo Base and Meridian, in the vicinity of the Rector Reservoir, Napa County, to be utilized by the Department of Fish and Game exclusively for open space or conservation purposes. The agreement may be terminated only upon the mutual agreement of the Department of Veterans Affairs and the Department of Fish and Game.

(b)If the agreement described in subdivision (a) is not entered into by December 31, 1997, exclusive authority over the management and control of the property described in subdivision (a) is hereby granted to the Department of Fish and Game, effective January 1, 1998.

(c)Upon the effective date of the agreement entered into pursuant to subdivision (a) or upon the operation of subdivision (b), the provisions of Section 1 of Chapter 648 of the Statutes of 1992, as amended, authorizing the property described in subdivision (a) as surplus property are repealed.

§ 89

Added by Stats. 2008, Ch. 332, Sec. 1. Effective January 1, 2009.

The department may apply to the California Debt Limit Allocation Committee for allocations of the state ceiling on qualified private activity bonds for qualified residential rental projects.

§ 89.5

Added by Stats. 2012, Ch. 217, Sec. 1. (SB 663) Effective January 1, 2013.

(a)The department shall include in its strategic plan the following:

(1)A review of the goals and objectives relating to homeless veterans, to determine whether the methods the department uses to plan, analyze, develop, monitor, and implement the strategic plan will likely decrease homelessness among veterans.

(2)A determination of the number of homeless veterans in this state and the number of those veterans who received benefits from state or federal programs, including, but not limited to, the number of homeless veterans in need of multifamily or transitional housing and the number of those veterans who received benefits for those

needs.

(b)The department shall transmit the strategic plan to the Chairman of the Senate Committee on Veterans Affairs and the Chairman of the Assembly Committee on Veterans Affairs.

§ 90

Amended by Stats. 2017, Ch. 497, Sec. 1. (SB 156) Effective October 5, 2017.

(a)By July 1, 2015, the department shall develop a transition assistance program for veterans who have been discharged from the Armed Forces of the United States or the National Guard of any state. The program shall be designed to assist veterans in successfully transitioning from military to civilian life in California and to complement the transition program offered by the United States Department of Defense. The program shall include, but shall not be limited to, the following California-specific transition assistance information: higher education benefits and program information, vocational training assistance, small business resources and information, health care programs and services, mental health resources and information, military sexual

trauma resources and information, and housing information.

(b)The transition assistance program for veterans shall provide information to noncitizens who are leaving military service in California or who have already been discharged from military service in California on how to become United States citizens, including information on where to acquire state legal assistance.

§ 90.1

Added by Stats. 2025, Ch. 113, Sec. 32. (SB 160) Effective September 17, 2025.

(a)The Department of Veterans Affairs may require employees, prospective employees, volunteers, contractors, and subcontractors to undergo a fingerprint-based state and national criminal history background check.

(b)The Department of Veterans Affairs shall submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (a) who are subject to a state and national criminal history background check, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code.

§ 90.2

Added by Stats. 2018, Ch. 419, Sec. 1. (SB 1304) Effective January 1, 2019.

(a)Notwithstanding Section 11005 of the Government Code, the Department of Veterans Affairs may accept donations of personal property, including cash or other gifts, to be used to further the purposes of the state’s strategic plan for providing veterans with transitional assistance, as described in Section 90, or to reimburse the state for expenditures made by the state for these purposes.

(b)(1) Cash donations made pursuant to subdivision (a) shall be deposited in the

CalTap Endowment Fund, which is hereby created in the State Treasury.

(2)Notwithstanding Section 13340 of the Government Code, moneys in the fund shall be continuously appropriated for the

purpose of funding competitive grants in support of the state’s strategic plan for providing veterans with transitional assistance, as described in Section 90.

§ 91

Added by Stats. 2025, Ch. 644, Sec. 1. (AB 1509) Effective January 1, 2026.

(a)The California State Accrediting Agency for Veterans Education (CSAAVE) is hereby created within the department.

(b)The CSAAVE shall implement federal requirements and administer state requirements for an organization seeking authorization to offer awards under Chapter 36 of Title 38 of the United States Code and Subpart D of Part 21 of Title 38 of the Code of Federal Regulations for a state approving agency.

(c)(1) The department may adopt regulations to implement Chapter 36 of Title 38 of the United States Code, Subpart D of Part 21 of Title 38 of the Code of Federal Regulations, and this section.

(2)The department may amend regulations adopted pursuant to paragraph (1) to account for changes in state or federal statutes and regulations.

(3)The Secretary of Veterans Affairs has signatory authority for the CSAAVE in adherence with the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).