This rule was filed as 9
NMAC 4.102.
TITLE 9 HUMAN
RIGHTS
CHAPTER 4 PERSONS WITH DISABILITIES
PART 102 ELIGIBILITY REQUIREMENTS FOR
PARTICIPANTS IN THE
TELECOMMUNICATIONS EQUIPMENT
DISTRIBUTION PROGRAM
9.4.102.1 Issuing
agency: New Mexico Commission for the Deaf and Hard
of Hearing.
[7/1/99; Recompiled
10/01/01]
9.4.102.2 Scope: All applicants for participation in the
specialized telecommunications program.
[7/1/99; Recompiled
10/01/01]
9.4.102.3 Statutory
authority: Section 63-9F-4 NMSA 1978 directs the
commission to “design, establish and administer a program for providing
specialized telecommunications equipment to impaired individuals” and to “adopt
regulations for the program.”
[7/1/99; Recompiled
10/01/01]
9.4.102.4 Duration: Permanent.
[7/1/99; Recompiled
10/01/01]
9.4.102.5 Effective
date: July 1, 1999, unless a later date is cited
at the end of a section and paragraph.
[7/1/99; Recompiled
10/01/01]
[Compiler’s note: The words or paragraph, above, are no longer applicable. Later dates are now cited only at the end of
sections, in the history notes appearing in brackets.]
9.4.102.6 Objective: The purpose of the Telecommunications Access
Act [63-9F-1 to 63-9F-13 NMSA 1978] is to provide a statutory framework and
funding under which the opportunity for full access to telecommunications
services is made available to hearing or speech impaired New Mexicans. The
purpose of the specialized telecommunications equipment program [63-9F-4 NMSA
1978] is to provide specialized telecommunications equipment to impaired
individuals.
[7/1/99; Recompiled
10/01/01]
9.4.102.7 Definitions: The definitions included in Section 63-9F-3
NMSA 1978 are hereby incorporated by reference.
[7/1/99; Recompiled
10/01/01]
9.4.102.8 Eligibility
requirements for participants in the telecommunications equipment distribution
program: The following rules for eligibility in the
telecommunications equipment distribution program have been adopted by the
commission.
A. Income limits: Participants in the
program must provide:
(1) proof of total household income of fifty
thousand dollars ($50,000) or less;
(2) if the applicant is a student residing in
New Mexico and is a dependent of his or her parent(s) as defined by the
internal revenue service, the parent(s)’ income shall be considered “household
income” regardless if the student resides with the parents and regardless if
the parent(s) reside within New Mexico.
B. Impairment:
Participants in the program must provide:
(1) certification that the applicant(s)’
hearing and/or speech precludes normal use of the telephone;
(2) hearing/speech
impairment may be certified through medical practitioner, audiologist,
speech/language pathologist, speech therapist, representative of DVR, or an
authorized staff member of the commission.
C. Telephone service: Participants in the program must provide verification of
current telephone service at residence.
D. Residency:
Participants in the program must provide:
(1) verification of permanent state residence
with a physical address (not P.O. Box address);
(2)
equipment will not be distributed to individuals living in public or
private educational institutions, or any other public or private accommodation
which has a responsibility to provide such equipment pursuant to the Americans
with Disabilities Act.
E. Age:
A pplicants must demonstrate the ability to use and care for the
equipment. Parent(s) or other legal guardian of children below the age of 18
must sign a loan agreement accepting financial responsibility for the
equipment.
[7/1/99; Recompiled
10/01/01]
HISTORY OF 9.4.102 NMAC: [RESERVED]