Arkansas Administrative Code
Agency 172 - Department of Career Education
Rule 172.00.01-001 - Telecommunications Access Program Rules
Universal Citation: AR Admin Rules 172.00.01-001
Current through Register Vol. 49, No. 2, February 2024
1) Program Title. The telecommunication equipment distribution program established by Act 501 of 1995 and 530 of 2001 shall hereinafter be referred to as the " Telecommunication Access Program (TAP)."
2) Definitions:
a)
Adaptive telecommunications
equipment is equipment that translates, enhances or otherwise transforms
the receiving or sending of telecommunications into a form accessible to
individuals with disabilities and includes equipment/devices, adaptive
telephone, and other adaptive equipment.
b)
Adjusted gross income is the
amount claimed as adjusted gross income on the applicant's most recent Arkansas
State income tax return or other appropriate documentation as specified by TAP
personnel.
c)
Basic
telecommunication service is a service that supplies the transmission
and reception of information to and from customer premises equipment.
d)
Basic telephone service is
the telephone service from a telephone company that supplies the transmission
and reception of voice calls to and from customer premises equipment. Basic
telephone service does not include other types of voice communication, such as
two-way radio communication, nor does it include adjunct-to-basic voice
communication services, such as caller identification or voice mail.
e)
Eligible applicants are
individuals who have been certified as having a disability that impairs their
ability to effectively access the telecommunication network and meet TAP
eligibility requirements.
f)
Program means the program developed and administered by the
Arkansas Rehabilitation Services to provide the specialized
equipment.
g)
Maintenance
is batteries, paper, light bulbs, artificial larynx accessories, any
other miscellaneous supplies and general care.
3) Applicant Eligibility
a) Eligible applicant must-.
i) Be a resident of the state of Arkansas;
ii) Meet program's financial
eligibility requirements. A child's (under the age of 18 years) eligibility
will be based on his/her parents' or guardians' income and residency. Household
income of applicant shall not exceed $50,000 adjusted gross income annually.
For individuals whose income exceeds the maximum, the equipment may be provided
for 113 of the item's cost to the program;
iii) Have phone service within his home
residence. If the individual lives in a nursing home, group home or other
institutional care facility, the applicants must have their own phone service;
iv) Be certified by one of the
program approved certifying authorities as having a disability which limits or
prohibits the use of the telecommunication network without specialized
equipment and also certify the probable benefit of using the equipment
applicable for their disability;
v)
Apply for equipment using application forms supplied by the program-,
vi) Supply any additional
information, which the program deems necessary to determine the applicant's
eligibility, and to assist in determining the adaptive equipment which best
meets the applicant's needs-,
vii)
Sign an agreement to follow the program rules and cooperate with inventory
follow up;
viii) If requested, be
able to demonstrate an ability to use the equipment-and
ix) Agree to support and indemnify the State
of Arkansas from any and all claims, damages, and expenses arising out of use
or misuse of equipment.
b) Applicants shall be eligible for one
adaptive equipment system that provides access to basic telecommunication.
Applicants shall not be eligible for more than one equipment system to provide
access in more than one location, for example, equipment for both upstairs and
downstairs in a residence.
i) The number of
devices distributed to a household cannot exceed the number of phone lines to
that household except as provided below.
ii) In situations where multiple family
members have different disabilities or require different equipment, an
additional telecommunication device may be provided to that household.
iii) At the time of application,
applicant is not receiving similar services that are available and can be
provided in a timely manner through another program.
4) Equipment Ownership, Replacement, and Repair
a) Equipment
Ownership
i) Equipment is loaned to user but
remains the property of the state of Arkansas for two (2) years. User agrees to
cooperate and comply with inventory/follow up requests during the two (2) year
time period.
ii) After two (2)
years, full ownership of the equipment will be given to the recipient and the
equipment becomes his/her property.
iii) If recipient is a minor, and their 18th
birthday occurs within two years of issuance of equipment, all obligations and
responsibilities will be transferred to them.
iv) Returns
(1) If equipment was issued within the past 2
years, the recipient must return it within 30 days in the event one of the
following occurs.
(a) Recipient leaves the
state and moves to another state.
(b) If the recipient loses phone service and
is not reconnected within 90 days.
(c) If there is evidence of intentional abuse
or neglect. TAP has the right to remove the equipment from users'
home.
(d) No longer needs
it.
(e) Moves to a facility where
person no longer has his or her own phone line.
v) Change in Personal Situation
(1) Within the first 2 years after receiving
the equipment, recipient has 10 days to notify TAP of new address and phone
number if they move to another address in Arkansas.
(2) Within the first 2 years of issuance of
equipment, recipient may travel out of Arkansas with the equipment for short
trips, vacations, or to attend an educational institution. Any out of state
travel for more than 90 days requires permission of the program.
(3) If death occurs in the first two years
after receipt of equipment, executor or other responsible person must contact
TAP to make arrangements for return of the equipment.
(a) If another eligible person living in the
same residence wishes to keep it, they must file anew application within 30
days.
(b) Replacements
i) Equipment may be exchanged within 60 days
of receipt if it does not meet their needs.
ii) Equipment may be exchanged if it is
damaged through natural disasters.
iii) Equipment may be replaced if damaged or
stolen from vandalism, theft or fire. A police or fire report must accompany
the request.
iv) If a recipient's
disability worsens or there is a change in their disability status which
renders the equipment inappropriate to meet their needs, they may exchange it.
A statement from the certifying authority must accompany the request.
v) Program will replace equipment
that becomes non usable and/or cannot be repaired due to normal wear and tear
as long as the individual meets the eligibility criteria.
(c) Repairs
i) TAP is responsible for repairs for the two
(2) year period after issuance if the repairs are the result of normal wear and
tear on the equipment.
ii)
Recipient is responsible for all repair costs after the first 2 years.
iii) Loaner equipment is available
during repair of original equipment if repair is not the result of negligence
or abuse.
iv) User must pay repair
and/or shipping cost resulting from misuse by user in full before device will
be returned to user.
5) Equipment Provided
a) Adaptive telecommunication equipment shall
be provided in sufficient scope to meet the needs of individuals with all types
of disabilities and shall be procured in a cost effective manner.
b) The program shall develop and maintain a
list of adaptive telecommunication equipment designed to provide reasonable
access to basic telephone service for individuals with a wide range of
disabilities. The list will be provided with the application and certification
forms. The program will monitor the market for devices that might be added to
the program to better meet individual needs and will update the list as
necessary to remain current with the market.
c) Adaptive telephones or adaptive devices
that attach to the telephone shall be considered first to provide access. For
the majority of program applicants, adaptive equipment that attaches to or
replaces the typical end-unit telephone will be available on the approved list
to meet their needs.
The program will provide equipment that does not directly attach to or replace the phone when no other device will deliver the needed access.
d) The program may provide
equipment not on the list if such equipment is necessary for basic telephone
access and is comparably priced.
6) Supplies and Maintenance
a) User responsible for batteries, paper,
light bulbs, artificial larynx accessories, any other miscellaneous
supplies.
b) User responsible for
keeping equipment clean and protected from rain, heat, pets, liquid,
sticky/greasy substances and will not change or modify the equipment.
7) Suspension
a) Suspension will be 4 years from the date
the incident became known.
i) Recipient will
be suspended from the program if they sell, pawn, transfer ownership of
equipment, willfully or negligently damage equipment including misuse or damage
that voids the warranty, or violates other provisions of the rules
ii) The equipment must remain in possession
of original recipient, or face repossession, prosecution or liability for
purchase price.
8) Approval of Certifying Agencies and Agents
a) Entities desiring to be
approved as a certifying agency shall request such designation from the
program. The program will review agency qualifications and may require an
agency to complete training provided by the program prior to
approval.
b) The program will
maintain a list of approved certifying agencies and those personnel of the
agency who are approved to certify.
9) Appeals Process
a) Applicants may appeal any disapproval of
an equipment request by filing a written appeal to the Arkansas Rehabilitation
Services Commissioner, P. O. Box 3781, Little Rock, Arkansas 72203. A copy of
the Arkansas Rehabilitation Services Policy Client Rights and Appeal Decisions
is available upon request.
10. Fraud
a) If an applicant supplies false information
or obtains adaptive equipment through misrepresentation of facts on the
application and certification form, the program may demand return of the
equipment and shall declare such applicants ineligible for future equipment
from program.
11. Confidentiality
a) All applicant
information shall be kept confidential except for approved release of
information for purposes specified on the application form.
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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