Minnesota Administrative Rules

CHAPTER 8775, TELECOMMUNICATIONS ACCESS MINNESOTA

DEPARTMENT OF COMMERCE

8775.0100 DEFINITIONS.

Subpart 1.

Scope.

The terms used in this chapter have the meanings given them in this part.

Subp. 2.

Applicable median income.

"Applicable median income" means the median gross income in Minnesota as estimated by the Bureau of the Census in the most recent annual announcement of the United States Department of Health and Human Services Family Support Administration, published in the Federal Register. These announcements are incorporated by reference.

Subp. 3.

Appropriate communication device.

"Appropriate communication device" means a communication device that most efficiently allows access to the telephone system by a person who has a communication disability.

Subp. 4.

Blind.

A person is "blind" if central visual acuity does not exceed 20/200 in the better eye with corrective lenses or, if greater than 20/200, visual acuity is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees.

Subp. 5.

Board.

"Board" means the Telecommunication Access Minnesota Board established in Minnesota Statutes, section 237.51.

Subp. 6.

Communication device.

"Communication device" means a device that when connected to a telephone enables a person with a communication disability to communicate with another person using the telephone system. A communication device includes a ring signaler, an amplification device, a telecommunications device for the deaf (TDD), a brailling device for use with the telephone system, and any other device the board considers necessary.

Subp. 7.

[Renumbered subp 16b]

Subp. 8.

Deaf.

"Deaf" means a hearing loss of such severity that the individual must depend primarily upon visual communication such as writing, lip reading, sign language, and gestures. A deaf person requires use of a telecommunications device for the deaf (TDD) to communicate effectively on the telephone.

Subp. 9.

Deafblind.

"Deafblind" means the conditions of a person who is (1) deaf or has a severe to profound hearing loss and (2) blind or visually impaired. A person affected by these conditions requires use of a brailling device for use with the telephone system or other specially designed system to communicate effectively on the telephone.

Subp. 10.

Division.

"Division" means the Deaf and Hard of Hearing Services Division of the Minnesota Department of Human Services.

Subp. 11.

Economic hardship.

"Economic hardship" means an economic condition or level of subsistence on a household income that is at or below 60 percent of the applicable median income in the state.

Subp. 12.

Hard-of-hearing.

"Hard-of-hearing" means a hearing loss resulting in a functional limitation, but not to the extent that the individual must depend primarily upon visual communication. Some of the effects of hearing loss can be overcome with proper amplification. A person that is hard-of-hearing may require a communication device to communicate effectively on the telephone.

Subp. 13.

[Repealed, 19 SR 1666]

Subp. 14.

Household criteria.

For determining priority when initially distributing equipment or receiving more than one communication device, "household criteria" means the higher priority given for a household having more than one person with a communication disability or for a household with a person who has a communication disability living alone.

Subp. 15.

Household income.

"Household income" means the total income of a person with a communication disability and immediate family living in the same residence. The immediate family includes spouse and minor children. The income of a minor child must be included when the dependent minor child is under 15 years of age and residing with the parents or custodial parent. If the person with a communication disability is a minor child, then parents and siblings residing with the minor are immediate family.

Subp. 16.

Income.

"Income" means money received in the preceding calendar year from each of the following sources:

A.

money, wages, or salary;

B.

net income from nonfarm employment as defined for federal tax purposes;

C.

net income from farm self-employment as defined for federal taxes;

D.

income from any social security program;

E.

supplemental social security income;

F.

public assistance or welfare payments;

G.

interest on savings or other investments that pay interest;

H.

dividend income from estates or trusts, or net rental income;

I.

veterans' payments, unemployment compensation payments, and workers' compensation payments;

J.

private or public employee pensions; and

K.

alimony, child support, regular contributions from persons not living in the household, and other periodic income. This definition of income comes from that of the Bureau of the Census and is interpreted according to its standards as published in "Consumer Income," series P-60, No. 156, Money, Income of Households, Families and Persons in the United States: 1985. These standards are incorporated by reference, are not subject to frequent change, and are located in the government publications reference department of the University of Minnesota and in the Minitex interlibrary loan system.

Subp. 16a.

Mobility impairment.

"Mobility impairment" means a motor skill condition that significantly impedes a person's ability to use standard customer premises telephone equipment. A person with a mobility impairment may require the use of a communication device with auxiliary equipment to communicate on the telephone.

Subp. 16b.

Person with a communication disability.

"Person with a communication disability" means a person determined by the division to be deaf, deafblind or hard-of-hearing, to have a mobility impairment, or to have a speech disability as defined by subparts 8, 9, 12, 16a, and 20.

Subp. 17.

Resident of Minnesota.

"Resident of Minnesota" means an individual who lives in Minnesota or who has moved to Minnesota and intends to remain in Minnesota.

Subp. 18.

Significant visual impairment.

"Significant visual impairment" means a visual disability that does not constitute legal blindness but which constitutes a substantial handicap to employment or limits the person's ability to live independently, perform self-care activities, or grow and develop.

Subp. 19.

Special needs.

"Special needs" means the needs of an eligible person that may require that the person be given priority when initially distributing the equipment or be given more than one communication device because of severity of communication disability or presence of multiple disabilities.

Subp. 20.

Speech disability.

"Speech disability" means a condition that renders a person physically incapable of speaking clearly. The severity of the disability may vary; however, it renders speech on an ordinary telephone unintelligible or impossible and requires a communication device to communicate effectively on the telephone.

Subp. 21.

TAM.

"TAM" means Telecommunications Access Minnesota.

Statutory Authority:

MS s 237.51

History:

14 SR 848; 19 SR 1666; L 2004 c 228 art 1 s 74; L 2013 c 62 s 32

Published Electronically:

October 15, 2013

8775.0200 PURPOSE AND CONSTRUCTION.

The purpose of this chapter is to develop and implement a statewide program to distribute telephone communication devices to eligible persons with a communication disability for improving access to telephone communications services for persons who have a communication disability. This chapter is to be liberally construed to further these purposes.

Statutory Authority:

MS s 237.51

History:

14 SR 848; L 2013 c 62 s 32

Published Electronically:

August 1, 2013

8775.0300 ELIGIBILITY FOR TAM SERVICES.

Subpart 1.

Information provided.

On request, the division shall offer to a person an application form developed by the division and a brochure that describes the TAM eligibility requirements and application process.

Subp. 2.

Application process.

The applicant shall complete the application form and return it to the division's regional service center for people who are deaf and hard-of-hearing. An application may be made by the applicant, the applicant's spouse, or a person authorized by the applicant to act in the applicant's behalf. All documentation must be provided within 30 days of the first interview with the division. The applicant shall provide medical documentation of hearing loss or communication disability on request.

Subp. 3.

Documenting, verifying, and reviewing eligibility.

The division shall verify the applicant's household income, age, and access to telephone service, and that the applicant is a person with a communication disability. If the division becomes aware that a condition of eligibility has changed, the division may redetermine eligibility:

A.

Within 30 days, an applicant shall document income or authorize the division to verify the income. The division shall help an applicant or recipient obtain documents that the applicant does not possess and cannot obtain. Information previously verified and retained by the division need not be verified again unless the information no longer applies to current circumstances.

B.

The division shall not request information about an applicant for or recipient of TAM services that is not of public record from a source other than within the division without the applicant's or recipient's previous written consent. The division may request information about an applicant or recipient that is not of public record from the telephone companies by obtaining the applicant's or recipient's previous written consent on an application or redetermination form. The division shall not provide third parties with access to information about an applicant's eligibility status or other case record information without the previous written consent of that applicant or recipient, except when access to specific case information is granted to agencies designated by the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13. Information designated as confidential by the Minnesota Government Data Practices Act may only be made available to agencies granted access under that law and must not be provided to an applicant, recipient, or third party.

C.

The division shall inform the recipient of the recipient's responsibility to report permanent changes in circumstances that affect eligibility within ten days of each change.

Subp. 4.

Eligibility criteria.

To be eligible for the TAM program, a person must:

A.

be at least five years of age;

B.

have a communication disability;

C.

be a resident of Minnesota;

D.

be a resident in a household at or below the applicable median income in the state, except that a deafblind person applying for a brailling device for use with the telephone system may reside in a household that has a median income no more than 150 percent of the applicable median household income in the state; and

E.

have or have applied for telephone service and been assigned a telephone number. A person who at the time of application does not have telephone service, but meets all other eligibility requirements, will be declared "conditionally eligible" and, in order to be declared "eligible," must apply for telephone service and be assigned a telephone number.

Subp. 5.

Persons not eligible.

Persons who are residents of a residential or treatment facility that directly or indirectly receives federal funding and is required to be fully accessible to all residents by the Rehabilitation Act of 1973, United States Code, title 29, section 774, and the Americans with Disabilities Act of 1990, United States Code, title 42, section 12101, et seq., and are eligible for and can obtain communication devices through federal provisions are not eligible to receive TAM services under this chapter.

Subp. 6.

Notification of eligibility.

Within 30 days of the receipt of the application and the necessary documentation the division shall notify the applicant in writing whether the applicant is found eligible and, if the applicant is denied, the reasons for denial.

Subp. 7.

Determination of appropriate communication device.

The division shall determine the appropriate communication device for a recipient.

Statutory Authority:

MS s 237.51

History:

14 SR 848; 19 SR 1666; L 2004 c 228 art 1 s 74; L 2013 c 62 s 32

Published Electronically:

August 1, 2013

8775.0400 COMMUNICATION DEVICES; INITIAL DISTRIBUTION PRIORITY.

Subpart 1.

First priority: deafblind.

The first in priority are those eligible, deafblind persons having special needs, experiencing economic hardship, or meeting the household criteria standards.

Subp. 2.

Second priority: deaf.

The second in priority are those eligible, deaf persons having special needs, experiencing economic hardship, or meeting the household criteria standards.

Subp. 2a.

Third priority: speech disabilities or mobility impairments.

The third in priority are those persons with speech disabilities or mobility impairments having special needs, experiencing economic hardship, or meeting the household criteria standards.

Subp. 3.

Fourth priority: speech disabilities.

The fourth in priority are those eligible persons with speech disabilities having special needs, experiencing economic hardship, or meeting the household criteria standards.

Subp. 3a.

Fifth priority: mobility impairments.

The fifth in priority are those eligible persons with mobility impairments having special needs, experiencing economic hardship, or meeting the household criteria standards.

Subp. 4.

Sixth priority: hard-of-hearing.

The sixth in priority are those eligible, hard-of-hearing persons having special needs, experiencing economic hardship, or meeting the household criteria standards.

Subp. 5.

Seventh priority: others without special needs.

The seventh in priority are those eligible persons with a communication disability having no special needs, not experiencing economic hardship, and not meeting the household criteria standards.

Subp. 6.

Use of priority system.

Initially, the priority system must be used to determine the priority of eligible applicants for receiving telecommunication devices, for example, to establish a waiting list of eligible applicants. Only if allotted program money is insufficient to provide all eligible applicants with needed equipment may the priority system be used to determine which individuals will receive equipment.

Statutory Authority:

MS s 237.51

History:

14 SR 848; 19 SR 1666; L 2013 c 62 s 32; L 2014 c 275 art 1 s 138

Published Electronically:

August 4, 2014

8775.0500 HOUSEHOLDS ELIGIBLE TO RECEIVE SEVERAL DEVICES.

Subpart 1.

Deaf.

A person who is deaf is eligible for a telecommunications device for the deaf (TDD) and a ring signaler.

Subp. 2.

Deafblind.

A person who is deafblind is eligible to receive a telecommunications device for the deaf (TDD) or brailling device for use with the telephone system with auxiliary equipment approved by the board and necessary for efficient communication.

Subp. 3.

Two or more eligible persons.

If a household contains more than one eligible person with a communication disability, the board or its designee may approve more than one telephone device as necessary for efficient communication.

Subp. 4.

Hard-of-hearing.

A person who is hard-of-hearing is eligible for a ring signaler and amplification device if more than one device is necessary for efficient communication.

Subp. 5.

Mobility impairment.

A person who has mobility impairment that makes it difficult to use telecommunications equipment is eligible for a speakerphone or similar device with auxiliary equipment that the board or its designee deems necessary.

Subp. 6.

Speech disability or mobility impairment.

A person who has a speech disability or mobility impairment that makes it difficult to use telecommunications equipment is eligible for a speakerphone or similar device, or telecommunications device for the deaf (TDD) and any auxiliary equipment approved by the board.

Statutory Authority:

MS s 237.51

History:

14 SR 848; 19 SR 1666; L 2013 c 62 s 32

Published Electronically:

August 1, 2013

8775.0600 TRAINING AND MAINTENANCE.

The commissioner of human services shall maintain the communication devices until the warranty period expires at which time the board shall decide whether to repair or replace defective units. The commissioner shall provide training, without charge, to first-time users of the devices.

Statutory Authority:

MS s 237.51

History:

14 SR 848

Published Electronically:

August 26, 2004

8775.0700 OWNERSHIP.

Communication devices distributed under this chapter are and must remain the property of the state of Minnesota.

Statutory Authority:

MS s 237.51

History:

14 SR 848

Published Electronically:

August 26, 2004

8775.0800 APPEALS.

Subpart 1.

Aggrieved party.

An aggrieved party may appeal a decision of the division. An aggrieved party is an applicant:

A.

who is determined ineligible for TAM service under part 8775.0300, subpart 4;

B.

who disagrees with the division's determination regarding the appropriate communication device under part 8775.0300, subpart 6;

C.

who disagrees with the division's decision regarding priority for initial distribution of communication devices under part 8775.0400; or

D.

whose TAM service is terminated.

Subp. 2.

Procedure.

Requests for appeal must be made within 30 calendar days of receiving notice of adverse action or, for good cause shown, within 60 calendar days of receiving the notice. Requests for appeal can be made through written, telephone, or face-to-face contact with a designated representative of the regional service center for deaf and hard-of-hearing people.

Subp. 3.

Conciliation conference.

Within 30 calendar days of receiving a request for appeal, a representative of the regional service center for deaf and hard-of-hearing people shall meet with the aggrieved party and attempt to resolve informally the matter leading to the appeal. Within ten calendar days of the conciliation conference, the representative shall prepare a written summary of the issues addressed at the conciliation conference and shall send a copy of the written summary to the aggrieved party and to the board.

Subp. 4.

Formal hearings.

If still dissatisfied after receiving a copy of the conciliation conference summary, the aggrieved party may request a hearing before the board by making written, telephone, or face-to-face contact with a designated representative of the regional service center for deaf and hard-of-hearing people. A hearing before the board must be scheduled within 90 days. At the hearing, the aggrieved party may introduce evidence relevant to the issues on appeal. An aggrieved party may be represented by legal counsel or a lay advocate at the hearing.

Subp. 5.

Service pending appeal.

Termination of TAM services must be stayed pending an appeal.

Statutory Authority:

MS s 237.51

History:

14 SR 848; 19 SR 1666; L 2004 c 228 art 1 s 74

Published Electronically:

August 26, 2004