1. (a) Purpose. The provisions of this section are intended to establish procedures for a specialized telecommunications assistance program and for reimbursement to vendors and service providers who submit vouchers issued under the program.

2. (b) Program responsibilities.

   1. (1) Texas Commission for the Deaf and Hard of Hearing (TCDHH) responsibilities. TCDHH is responsible for:

      1. (A) Adopting rules and procedures regarding the issuance of STAP vouchers to eligible individuals;
      2. (B) Establishing a database containing sufficient information to enable the commission to verify the issuance of a particular STAP voucher; and
      3. (C) Depositing amounts paid by eligible individuals for STAP vouchers into the Texas Universal Service Fund (TUSF).

   2. (2) Commission responsibilities. The commission is responsible for:

      1. (A) Adopting rules and procedures regarding the reimbursement to vendors for properly redeemed STAP vouchers;
      2. (B) Administering the TUSF to ensure adequate funding of the specialized telecommunications assistance program ; and
      3. (C) Appointing and providing administrative support for the Relay Texas Advisory Committee (RTAC), in accordance with the Public Utility Regulatory Act (PURA), §56.110 and §56.112.

3. (c) Program administration.

   1. (1) Vendor and service provider registration. To facilitate the timely reimbursement of STAP vouchers, the TUSF administrator may specify that a vendor or service provider who accepts STAP vouchers shall register with the administrator by providing their name, contact person, address, telephone number, facsimile number (if available), and information sufficient to permit the administrator to reimburse the vendor or service provider by direct deposit rather than by check.

   2. (2) Vendor or service provider reimbursement. A vendor or service provider who exchanges an STAP voucher for the purchase of approved equipment or services in accordance with the terms of the specialized telecommunications assistance program specified by TCDHH shall be eligible for reimbursement of the lesser of the face value of the STAP voucher or the actual price of the equipment or service.

      1. (A) TUSF disbursements shall be made only upon receipt from the vendor or service provider of a completed STAP voucher and a receipt showing the actual price of the equipment or service exchanged for the STAP voucher.
      2. (B) TUSF disbursements may also be subject to such other limitations or conditions as determined by the commission to be just and reasonable, including investigation of whether the presentation of an STAP voucher represents a valid transaction for equipment or service under the STAP.
      3. (C) The TUSF administrator shall ensure that reimbursement to vendors for STAP vouchers shall be issued within 45 days after the STAP voucher is received by the TUSF administrator.
      4. (D) The commission may delay payment of a voucher to a distributor of devices or a service provider if there is a dispute regarding the amount or propriety of the payment or whether the device or service is appropriate or adequate to meet the needs of the person to whom the Texas Commission for the Deaf and Hard of Hearing issued the voucher until the dispute is resolved.
      5. (E) The commission may provide that payment of the voucher is conditioned on the return of the payment if the device is returned to the distributor or if the service is not used by the person to whom the voucher was issued. The commission may provide an alternative dispute resolution process for resolving a dispute regarding the equipment or service provided.

Source Note:The provisions of this §26.415 adopted to be effective August 10, 1999, 24 TexReg 6035; amended to be effective May 24, 2000, 25 TexReg 4514.