| (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.
(b) Program responsibilities.
(1) Commission responsibilities. The commission is
responsible for:
(A) Adopting rules and procedures regarding the reimbursement
to vendors for properly redeemed STAP vouchers;
(B) Administering the TUSF to ensure adequate funding
of the specialized telecommunications assistance program;
(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
if funding is available; and
(D) Resolving disputes regarding the amount or propriety
of the payment for a device or service or whether the device or service
is appropriate or adequate to meet the need of the person to whom
the voucher was issued.
(2) Vendor and service provider responsibilities. Vendors
and service providers are responsible for adhering to the requirements
set forth in this section and the commission's STAP procedures as
posted on the commission's web site (www.puc.state.tx.us).
(c) Program administration.
(1) Vendor and service provider registration. A vendor
or service provider who accepts STAP vouchers shall register with
the commission and agree to comply with this section and the commission's
STAP procedures as posted and periodically updated on the commission's
web site. A vendor's or service provider's STAP registration shall
include its name, contact person, address, telephone number, facsimile
number (if available), and information sufficient to permit the commission's
STAP administrator to reimburse the vendor or service provider by
direct deposit rather than by check. If a vendor's or service provider's
registration information is not complete or accurate, the STAP administrator
shall notify the vendor or service provider, by certified mail, and
the administrator of the Texas Universal Service Fund (TUSF) that
the vendor or service provider is no longer eligible to receive voucher
reimbursements under this program. The commission is not responsible
if the vendor or service provider has not provided a correct mailing
address for receipt of this notice. Reimbursements for vouchers that
are otherwise eligible will be resumed after the vendor or service
provider has completed and corrected its registration.
(2) Vendor and service provider in good standing. A
vendor or service provider that is suspended or barred from doing
business with the State of Texas or with the federal government is
not eligible to participate in the this program. If a vendor or service
provider is registered under the STAP and becomes barred from doing
business with the State of Texas or the federal government, the STAP
administrator shall notify the vendor or service provider, by certified
mail, and the TUSF administrator that the vendor or service provider
is no longer eligible to receive voucher reimbursements under the
STAP. The commission is not responsible if the vendor or service provider
has not provided a correct mailing address for receipt of this notice.
Reimbursements for vouchers that are otherwise eligible will be resumed
if the vendor or service provider is returned to good standing with
the State of Texas and federal government.
(3) Vendor or service provider adherence to commission
STAP procedures. Any vendor or service provider not in compliance
with the commission's STAP procedures as posted on the commission's
web site, within 30 days of the commission's posting of any new or
amended procedures, is not eligible to receive voucher reimbursements
under the STAP. The STAP administrator may permanently bar, or suspend
for a specified period of time, any vendor or service provider that
the STAP administrator identifies as having billed the STAP for devices
or services not provided to eligible customers.
(4) Vendor or service provider reimbursement. A vendor
or service provider who exchanges a STAP voucher for the purchase
of approved equipment or services in accordance with the requirements
of the STAP may request reimbursement by the commission. If all reimbursement
requirements are met, the STAP administrator shall approve reimburse
to the vendor or service provider in an amount that is the lesser
of: the face value of the STAP voucher, the actual retail price of
the equipment or service as charged by the vendor or service provider
to all STAP and non-STAP customers for the same equipment or service,
or 125% of the manufacturer's suggested retail price for the device
actually provided to the STAP customer as posted on the manufacturer's
web site or provided by the manufacturer upon request.
(A) TUSF disbursements shall be made only upon receipt
from the vendor or service provider of:
(i) The vendor's copy of the voucher signed by the
vendor, or an authorized representative, in the space provided thereon.
By signing the voucher, the vendor is certifying that the device or
service has been delivered to the voucher recipient, and that the
device was new when delivered and was not used or re-conditioned.
(ii) The vendor's proof of delivery of the device or
service to the voucher recipient. For proof of delivery, the vendor
should seek the voucher recipient's signature on the voucher in the
space provided thereon. If the vendor is unable to obtain the recipient's
signature on the voucher, other evidence of delivery, such as a postal
or private delivery service receipt, may be used for proof of delivery
to the recipient. However, evidence of delivery to the voucher recipient
must include the signature of the voucher recipient, the signature
of the recipient's parent, guardian, spouse, or the signature of a
person receiving the delivery at the delivery address who is at least
18 years of age.
(iii) A receipt that contains a description of the
device or service exchanged for the STAP voucher and the price charged
to the customer for the device or service exchanged. The price charged
to the customer for the device or service exchanged for the voucher
cannot exceed the standard retail price charged by that vendor to
all of its customers who purchase the same equipment or service.
(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 a STAP voucher represents a valid transaction for equipment or
service under the STAP.
(C) If a dispute arises as to whether the submitted
documentation is sufficient to create a presumption of a valid STAP
sales transaction, the commission will be the sole judge of the sufficiency
of the documentation.
(D) The TUSF administrator shall ensure that reimbursement
to vendors for STAP vouchers shall be issued within 45 days after
the STAP voucher and other documentation required under subparagraph
(A) of this paragraph is received by the TUSF administrator.
(E) The commission may delay payment of a voucher to
a vendor or 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 DHHS issued
the voucher until the dispute is resolved.
(F) The commission shall process a voucher for payment
no sooner than ten working days from the date the STAP customer received
the device or service.
(G) The vendor or service provider shall refund a reimbursement
if the device is returned to the vendor within 30 days of receipt
or if the service is not used by the STAP customer within 30 days
of its availability.
(H) A STAP vendor or service provider must submit voucher
reimbursement requests, along with sufficient and accurate supporting
documentation, by the deadline specified in the commission's STAP
procedures. The deadline specified in the commission's STAP procedures
shall be no later than 120 days after the exchange date on the voucher
or on the proof of delivery. The STAP administrator shall not authorize
reimbursement of any voucher if the voucher or its sufficient and
accurate supporting documentation is submitted after the deadline
specified in the commission's STAP procedures.
(I) The commission may provide an alternative dispute
resolution process for resolving a dispute regarding the equipment
or service provided.
(J) Any request for reimbursement pending on the effective
date of this subparagraph shall be denied by the STAP administrator
if the vendor fails to submit the requisite voucher or sufficient
and accurate supporting documentation that is sufficient and accurate
within 120 days after the effective date of this subparagraph.
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| 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; amended to be effective January 10, 2002, 27 TexReg 381; amended to be effective August 12, 2010, 35 TexReg 6825; amended to be effective February 15, 2012, 37 TexReg 677; amended to be effective August 1, 2012, 37 TexReg 5577 |
