Arkansas Administrative Code
Agency 172 - Department of Career Education
Rule 172.00.07-004 - Telecommunications Access Program (TAP)
Universal Citation: AR Admin Rules 172.00.07-004
Current through Register Vol. 49, No. 9, September, 2024
Telecommunication Access Program Rules
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 that provides access to the
telecommunication infrastructure.
b)
Adjusted gross income is the
amount claimed as adjusted gross income on the most recent Arkansas State
income tax return or other appropriate documentation as specified by TAP
personnel.
c)
Telecommunication service is a service that supplies the
transmission and reception of information to and from customer
equipment.
d)
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.
e)
Program means the program
developed and administered by the Arkansas Rehabilitation Services to provide
the specialized equipment.
f)
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. Income shall not exceed $50,000 adjusted gross income annually. If
income exceeds the maximum, the equipment may be provided for 1/3 of the item's
cost to the program,
iii) Have
personal telecommunication service or obtain service within 30 days. If the
individual lives in a nursing home, group home or other institutional care
facility, the applicant must also have personal telecommunication service,
iv) Applicants not having their own
telecommunications services will be evaluated on their individual situation
based on documented need,
v) Be
certified by one of the program approved certifying authorities as having a
disability which limits or prohibits the use of the telecommunications network
without specialized equipment and also certify the probable benefit of using
the equipment applicable for their disability,
vi) Apply for equipment using application
forms supplied by the program. If applying for new/replacement equipment,
applicants must provide updated application and information every 3 years,
vii) 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.
viii)
Sign an agreement to follow the program rules and cooperate with inventory
follow up. The signed and dated Equipment Loan Contract should be returned
within 30 days of receiving equipment,
ix) If requested, be able to demonstrate an
ability to use the equipment, and
x) 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) Each Applicant shall be eligible for up to
two primary devices that provide access to telecommunication service and up to
4 alerting devices needed to access the telecommunications network (ie.
Signaler and receiver either audible or visual).
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. After the initial 2
year period, equipment may be removed from inventory and will not need to be
returned unless dollar value dictates the necessity of doing so. 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 telecommunication
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.
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 should contact
TAP to make arrangements for possible return of the equipment if applicable or
supply appropriate information to complete transfer of equipment to another
eligible individual (including, but not limited to, certification of
disability.)
b) Replacements
i) Applicants will not be eligible for more
equipment until what they have no longer works or does not meet their needs.
Equipment may be exchanged within 60 days of receipt if it does not meet their
needs. TAP staff may help in determining appropriate equipment and may ask for
more information to support the need for an exchange.
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 may be necessary_and accompany the
request.
v) Upon approval, program
may replace equipment that becomes broken, 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 may be
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,
v)
The maintenance and repair of wireless devices are the sole responsibility of
the customer.
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 telecommunication 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 may 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 telecommunication
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 bugs, 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 unless appropriate transfer has been completed, 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
Applicants may appeal any disapproval of an equipment request by filing a written appeal to the Arkansas Rehabilitation Services Commissioner's Office, P. 0. 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
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
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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