DAR File No. 37095

Public Service Commission, Administration

Rule R746-343

Rule for Deaf, Severely Hearing or Speech Impaired Person

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 37095
Filed: 12/10/2012 10:01:30 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is authorized pursuant to Section 54-8b-10 which requires the commission to exercise its rulemaking powers to establish a program to provide telephone service to certified deaf, severely hearing impaired, or speech impaired persons; to impose a surcharge on access lines to cover the cost of the program; and to administer the money collected.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

In 2008, the rule was amended 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. The rule language was amended to follow the statutory language. Administering state department responsibilities also changed. No comments were received during this amendment. In 2011 the statute that provides for a surcharge was amended by S.B. 209. The amended rule conforms the rule to the new law and establishes a surcharge that is consistent with recovering annual program costs. Comments were received by the Division of Public Utilities (DPU) recommending that the new rate for the Hearing and Speech Impaired Fund should be either $0.05 or $0.06 per line per month. DPU believes that this new collection rate will provide sufficient funds to operate the program and will enable a one-year surplus balance to be maintained as the Commission has requested. In 2012, the rule was amended to permit oral or written communication of approval of an application after certain medical and financial needs were met. The rule was also amended to allow the commission to send application denial letters via first class mail instead of certified mail. No comments were received during this amendment.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued because it establishes eligibility requirements and sets forth the procedure for approval of an application and the distribution process for telecommunications devices for the deaf (TDDs). This rule provides instructions for training, replacement of TDDs, ownership and liability, and out-of-state use. The rule also sets forth the liability of the telephone relay center and confidentiality and privacy requirements. Section R746-343-15 establishes the surcharge to be collected to cover the cost of the program as required by Subsection 54-8b-10(4). This rule is also necessary to comply with provisions in the Americans with Disabilities Act (ADA) and Federal Communications Commission (FCC) regulations.

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
• David Clark at the above address, by phone at 801-530-6708, by FAX at 801-530-6796, or by Internet E-mail at drexclark@utah.gov

Authorized by:

David Clark, Legal Counsel

Effective:

12/10/2012