1. (a) Playback machines may be a cassette machine, a talking book machine, a combination machine, or a digital talking book machine. Equipment may be distributed by the National Library Service to the commission for loan to borrowers, purchased by borrowers, or purchased by the commission for loan to borrowers. All loaned equipment is subject to be returned to the commission by borrowers when requested to do so. Damage or loss of equipment may cause a borrower's account to not be in good standing.

   1. (1) Loan period. Playback equipment may be loaned to any active user who continues to meet eligibility requirements for service and who maintains an account in good standing. Equipment and accessories are loaned free of charge. An active user may keep playback equipment for as long as the user remains in the program and maintains "active" status.
   2. (2) Replacement of equipment. An active user may request replacement of equipment if experiencing difficulty in using equipment or equipment does not operate properly. User may be required to return current equipment before replacement equipment is sent to user.
   3. (3) Number of loaned equipment allowed. An active individual user may not have more than one of each type of playback equipment on loan at any given time. An active institutional user may have more than one of each type of playback equipment on loan at any given time if the institution serves a number of active individual users and machines are available for loan.
   4. (4) Ownership of equipment and accessories. Playback equipment, amplifiers, headphones, and remote controls distributed by the Texas State Library or the National Library Service are the property of the federal government. Any equipment purchased by the commission for loan to active users is the property of the commission.
   5. (5) Repair of playback equipment. Only the Texas State Library is authorized to make repairs to playback equipment on loan to Texas borrowers, or to make the determination that a machine is damaged beyond repair. A machine that needs repair must be returned to the Texas State Library, which will provide a replacement machine. Under no circumstances should a borrower or any other person attempt to repair the playback equipment or accessories.
   6. (6) Repair of accessories. The National Library Service loans amplifiers and remote controls. An amplifier or remote control that needs repair must be returned to the National Library Service.
   7. (7) Non-transferal of equipment. Borrowers must not lend, sell, or otherwise transfer playback equipment to other persons.
   8. (8) Return of equipment. Playback equipment and accessories must be returned to the Texas State Library if the borrower ceases to actively use the service or no longer meets eligibility requirements for the service.
   9. (9) Lost and damaged machines. A borrower is responsible for the good upkeep of any equipment loaned to that borrower. A borrower who repeatedly damages or loses equipment will not receive an automatic replacement, and a moratorium on future loans may be placed on the borrower's account. Borrowers may also face suspension of services in cases of flagrant abuse of equipment.
   10. (10) Misuse of equipment. Borrowers who misuse equipment in a damaging or illegal manner will face suspension of service and may face a moratorium on future loans of equipment.

   11. (11) Recall of equipment. Equipment may be recalled for the following reasons:

       1. (A) periodic maintenance, either scheduled or unscheduled;
       2. (B) as part of a recall issued by the National Library Service;
       3. (C) for the purpose of repairing the machine;
       4. (D) for non-cooperation on the part of the borrower with staff who are implementing and/or enforcing program policies and procedures;
       5. (E) for a borrower's failure to adhere to the patron loan policy, the program's policies and procedures, and/or for abusive, destructive, or threatening behavior toward staff and property of National Library Service and of the commission;
       6. (F) when a borrower no longer meets eligibility requirements for service, ceases to be an active user, or is deceased; and
       7. (G) for any other reason or occasion, as determined by staff in accordance with policies and procedures of the program and/or guidelines provided by the National Library Service.
2. (b) If a borrower's machine is recalled, a replacement machine will be issued, dependent on the reason for the recall and the availability of a replacement machine. In the case of a general or wide-ranging recall, staff will notify borrowers affected by the recall in as reasonable a timeframe as possible. A borrower who does not cooperate with staff in the recall of equipment may have the loan of that equipment revoked for a period of time in accordance with the program's policies and procedures. A moratorium on future loans of equipment also may be placed on the borrower's account.
3. (c) Required audits of equipment. A borrower must cooperate with the commission in the auditing of any loaned equipment. Staff may conduct periodic, limited audits, in accordance with guidelines provided by the National Library Service, in which a set number of machines selected for audit must be located and reported as being in the assigned location. Staff may also conduct a regular audit of all equipment, in which all equipment must be located and accounted for. A borrower who does not cooperate with staff conducting an audit may have the loan of all equipment revoked and a moratorium on future loans of equipment placed on the account.

Source Note:The provisions of this §9.7 adopted to be effective November 16, 2008, 33 TexReg 9079.