1. (a) Ownership.

   1. (1) Adaptive telecommunications equipment distributed under TAP will remain the property of Arkansas Rehabilitation Services until two (2) years have elapsed from the date that an eligible individual takes delivery.

   2. (2)

      1. (A) Upon completion of the two-year period, ownership of the equipment will transfer in full to the individual.
      2. (B) The equipment will be removed from the TAP inventory.

2. (b) Exchanges.

   1. (1) An eligible individual may exchange equipment if it is not functioning as anticipated with regard to the individual’s disability.
   2. (2) TAP staff will work with the individual to determine appropriate equipment to issue in exchange.
   3. (3) The equipment originally issued will be returned to the TAP inventory.

3. (c) Substitutions.

   1. (1) An eligible individual may request substitute equipment without making an exchange, but only if:

      1. (A) The equipment was damaged or lost due to:

4. (i) Natural disaster;

   1. (ii) Fire;

      1. (iii) Vandalism; or

         1. (iv) Theft;
      2. (B) An insurance claim, police report, or fire report is submitted to TAP staff; and
      3. (C) The request for substitute equipment is made within thirty (30) days of the damage or loss.
   2. (2) Appropriate substitute equipment will be issued if the request is accepted.

   3. (3) TAP staff may seek additional information from the individual.

      1. (d) Repairs.
   4. (1) So long as an individual’s eligibility determination is current, Arkansas Rehabilitation Services will be responsible for repairs to equipment that result from normal wear and tear.
   5. (2) TAP staff will consult with the individual if repairs are requested and may contact the vendor that provided the equipment.

   6. (3)

      1. (A) If nonwireless equipment is accepted for repair, TAP staff may issue a temporary replacement.
      2. (B) Any equipment issued as a replacement will be governed by this part.
   7. (4) Decisions by TAP staff concerning whether Arkansas Rehabilitation Services is responsible for repairs are final.
   8. (5) At all times, costs related to maintenance are the sole responsibility of the individual.

5. (e) Returns.

   1. (1) Equipment must be returned if one (1) of the following occurs during the initial two-year period after the equipment is distributed:

      1. (A) The individual ceases to be a resident of Arkansas;

      2. (B)

         1. (i) The individual dies, in which case the executor or administrator of the individual’s estate will contact TAP to arrange for return.
         2. (ii) TAP staff reserve the option to transfer equipment to another individual in lieu of a return.
         3. (iii) Such transfers will be evaluated on a case-by-case basis.
         4. (iv) All individuals who receive transferred equipment:
6. (a) (a) Must be eligible for TAP; and

7. (b) (b) Will be subject to this part;

   1. (C) The individual loses active telecommunications service for ninety (90) days or more; or

      1. (D) The individual is suspended from participation in TAP (see 20 CAR § 838-106).

   2. (2)

      1. (A) Returns must be made to TAP or, if directed by TAP staff, to an authorized vendor.
      2. (B) Returns must be made within thirty (30) days of the events described above.
      3. (C) Equipment that is functioning or capable of repair may be returned to TAP inventory.

   3. (3)

      1. (A) An individual may choose to return equipment at any time.
      2. (B) TAP staff will discuss options such as referral to other programs with the individual returning the equipment.

Codification Notes: “TAP” means Telecommunications Access Program.