(a) The playback machine is a digital talking book
machine. Equipment may be distributed by the National Library Service
to the agency for loan to borrowers, purchased by borrowers, or purchased
by the agency for loan to borrowers. All loaned equipment is subject
to be returned to the agency 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) Loan period. Playback equipment may be loaned to
any borrower who continues to meet eligibility requirements for service
and who maintains an account in good standing. Equipment and accessories
are loaned free of charge. A borrower may keep playback equipment
for as long as the borrower remains in the program and maintains active
status.
(2) Replacement of equipment. An active borrower may
request replacement of equipment if experiencing difficulty in using
equipment or equipment does not operate properly. A borrower may be
required to return current equipment before replacement equipment
is sent to borrower.
(3) Number of loaned equipment allowed. An active individual
borrower may not have more than one of each type of playback equipment
on loan at any given time. An active institutional borrower 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 borrowers
and machines are available for loan.
(4) Ownership of equipment and accessories. Some playback
equipment, amplifiers, headphones, and remote controls distributed
by the agency or the National Library Service are the property of
the federal government. Any equipment purchased by the agency for
loan to borrowers is the property of the agency.
(5) Repair of playback equipment. Only the agency 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
agency, 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) Accessories for use with the digital talking book
machine may be requested through the agency.
(7) Non-transferal of equipment. Borrowers must not
lend, sell, or otherwise transfer playback equipment to other persons.
(8) Return of equipment. Playback equipment and accessories
must be returned to the agency if the borrower ceases to actively
use the service or no longer meets eligibility requirements for the
service.
(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) Misuse of equipment. Borrowers who cause damage
to equipment through negligence, intentional act, or failure to exercise
reasonable care to safeguard or maintain the equipment or who use
the equipment in an unauthorized manner may have their service suspended
temporarily or permanently, depending on the severity or frequency
of the damage or unauthorized use.
(11) Recall of equipment. Equipment may be recalled
for the following reasons:
(A) periodic maintenance, either scheduled or unscheduled;
(B) as part of a recall issued by the National Library
Service;
(C) for the purpose of repairing the machine;
(D) for non-cooperation on the part of the borrower
with staff who are implementing and/or enforcing program policies
and procedures;
(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 agency;
(F) when a borrower no longer meets eligibility requirements
for service, ceases to be an active borrower, or is deceased; and
(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.
(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.
(c) Required audits of equipment. A borrower must cooperate
with the agency 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.
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Source Note: The provisions of this §9.7 adopted to be effective November 16, 2008, 33 TexReg 9079; amended to be effective March 20, 2019, 44 TexReg 1437; amended to be effective August 29, 2023, 48 TexReg 4640 |