DAR File No. 32232

Public Service Commission, Administration

R746-343-3

Eligibility Requirements

NOTICE OF PROPOSED RULE

DAR File No.: 32232
Filed: 12/18/2008, 09:16
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

It was necessary to change the language in Section R746-343-3 to eliminate reference to public assistance programs which no longer exist under the names used in the rule. Rather than attempt to list the programs again, with potential for additional modification as programs change or are renamed, the rule language is proposed to be amended to follow the statutory language. Administering state department responsibilities have also changed, so reference to a department name was eliminated as well. The amendment follows the language used in the authorizing statute.

Summary of the rule or change:

Changes are proposed to remove the example list of low-income assistance programs. No attempt to list example programs is made and the proposed rule language simply states a Lifeline applicant be eligible for, although need not participate in, a low-income public assistance program; the same language as used in the statute. Departments administering these programs have changed or been renamed as well, so reference to administering agencies is also removed, as their inclusion is not needed for operation of the rule or the Lifeline program.

State statutory or constitutional authorization for this rule:

Section 54-8b-10

Anticipated cost or savings to:

the state budget:

No effect on state budget is expected as the outdated list of programs under which an applicant could qualify is replaced with the statutory language. Qualification criteria has not changed, simply the wording in the rule.

local governments:

No effect on local government, see the explanation under "State budget" above. The rule does not apply to any local government activity.

small businesses and persons other than businesses:

No effect on small businesses, see the explanation under "State budget" above. Small businesses do not participate as customers in the Lifeline program and no "small business" is a telecommunications service provider which could participate as a Lifeline service provider.

Compliance costs for affected persons:

None--As explained above in the "Summary" under the "State budget", no change in the Lifeline program will occur. The amendment simply removes an outdated list of example qualifying programs and uses the statutory language instead.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be no impact on businesses. Telephone customers who qualify for the Lifeline program will remain the same, customer qualification criteria remain the same, and participating telephone companies will continue to receive disbursements on the same basis as before the rule amendment. Ted Boyer, Chairman

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Service Commission
Administration
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Sheri Bintz at the above address, by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

02/17/2009

This rule may become effective on:

02/24/2009

Authorized by:

Sandy Mooy, Legal Counsel

R746. Public Service Commission, Administration.

R746-343. Rule for Deaf, Severely Hearing or Speech Impaired Person.

R746-343-3. Eligibility Requirements.

A. An applicant is eligible if he is deaf, severely hearing impaired, or severely speech impaired and is eligible for assistance under a low income public assistance program[ administered by the Department of Human Services]. The impairment must be established by the certification on an application form by a person who is permitted to practice medicine in Utah, an audiologist, otolaryngologist, speech/language pathologist, or qualified personnel within a state agency. The applicant must provide evidence that they are currently eligible, though it is not necessary that they be participating in a low income public assistance program.[, for public assistance under one of the following programs:

1. Aid to Families with Dependent Children;

2. Emergency Work Program;

3. Food Stamps;

4. General Assistance;

5. Home Energy Assistance Target Program;

6. Medical Assistance;

7. Refugee Assistance; or

8. Supplemental Security Income.]

C. The provider may require additional documentation to determine applicant's eligibility.

D. During the training session required in Section R746-343-8, Training, the applicant must demonstrate an ability to send and receive messages with a TDD or other appropriate devices.

 

KEY: [AFDC]public assistance, physically handicapped, rates, telecommunications

Date of Enactment or Last Substantive Amendment: [July 1, 2000]2009

Notice of Continuation: December 13, 2007

Authorizing, and Implemented or Interpreted Law: 54-8b-10