Or. Admin. Code § 860-033-0030 - OTAP and Lifeline Eligibility
(1) A low-income customer demonstrates
eligibility for OTAP and Lifeline by application to the Commission on a
Commission-approved form demonstrating compliance with this rule.
(2) To be eligible, the customer, one or more
of the customer's dependents or the customer's household must:
(a) Receive benefits from one of the
following public assistance programs: Medicaid under Title XIX and XXI of the
Social Security Act; Supplemental Nutrition Assistance Program; Supplemental
Security Income; Federal Public Housing Assistance (Section 8); or Veterans and
Survivors Pension Benefit; or
(b)
Have income that is at or below 135 percent of the applicable Federal Poverty
Guidelines for a household of that size.
(3) A low-income customer who resides on
federally recognized Tribal lands is eligible for OTAP if the customer, one or
more of the customer's dependents or the customer's household:
(a) Meets the requirements of section (2) of
the rule; or
(b) Receives benefits
from one of the following Tribal-specific federal assistance programs: Bureau
of Indian Affairs General Assistance; Tribally administered Temporary
Assistance for Needy Families; Head Start (only those households meeting its
income qualifying standard); or the Food Distribution Program on Indian
Reservations.
(4) The
Commission may require a low-income customer to submit documentation
demonstrating that he or she qualifies under the program or income based
eligibility requirements.
(a) Acceptable
documentation of program eligibility includes the current or prior year's
statement of benefits from a public assistance program, a notice or letter of
participation in a public assistance program, program participation documents,
or another official document demonstrating that the customer, one or more of
the customer's dependents or the customer's household receives benefits from a
qualifying assistance program.
(b)
Acceptable documentation of income eligibility includes the prior year's state,
federal, or Tribal tax return; current income statement from an employer or
paycheck stub; a Social Security statement of benefits; a Veterans
Administration statement of benefits; a retirement or pension statement of
benefits; an Unemployment or Workers' Compensation statement of benefit;
federal or Tribal notice letter of participation in General Assistance; or a
divorce decree, child support award, or other official document containing
income information. If the customer presents documentation of income that does
not cover a full year, such as current pay stubs, the customer must present the
same type of documentation covering three consecutive months within the
previous twelve months.
(5) The customer may be required to furnish
his or her social security number and the social security number of the member
of the customer's household upon whom eligibility is based before OTAP and
Lifeline eligibility can be determined or verified. Failure to do so may result
in denial of benefits.
(6) The
customer must sign a written authorization on a Commission-approved form
permitting the Commission to release necessary information to an Eligible
Telecommunications Provider and, as necessary, to the following: Federal
Communications Commission, Universal Service Administrative Company, Department
of Human Services, and the applicant's personal representative or legal
guardian.
(7) An applicant or
customer may not use a post office box as his or her residential address. The
Commission may accept a P.O. Box or General Delivery address as a billing
address, but not a residential address.
(8) The OTAP or Lifeline benefit is limited
to one single line, or single line equivalent, per economic unit at the
customer's principal residence in Oregon.
(a)
If the Commission is unable to determine that an applicant and a current OTAP
or Lifeline customer are part of a separate household, the applicant must
complete and submit to the Commission the Lifeline Household
Worksheet.
(b) The Commission may
verify annually that the customer continues to be part of a separate
household.
(c) If the customer
fails to respond within 30 days of the Commission's attempts to verify that the
customer continues to be part of a separate household, the Commission will
notify the Eligible Telecommunications Provider to de-enroll the customer from
OTAP and the Lifeline program.
(9) The name of the OTAP or Lifeline
applicant must appear on the billing statement or account for the
telecommunications service in order for that for that applicant to qualify for
OTAP or Lifeline benefits.
(10) The
Commission may require an Eligible Telecommunications Provider to provide up to
three months of OTAP or Lifeline benefits credited to the customer's account if
the customer does not receive benefits after applying for benefits and
demonstrating eligibility. The qualifying customer may be required to submit
documentation demonstrating that he or she qualified under the program or
income based eligibility requirements in section (2) or (3) of this
rule.
(11) The Commission will
verify a customer's continuing eligibility every 12 months, as measured from
the customer's OTAP or Lifeline service initiation date.
(a) The Commission will allow a customer 30
days following the date of the notice of termination or de-enrollment to
demonstrate continued eligibility. A customer may be required to submit proof
of continued eligibility to the Commission.
(b) The Eligible Telecommunications Provider
must de-enroll the customer from the OTAP and Lifeline program within five
business days of notice from the Commission that the customer is no longer
eligible for OTAP and the Lifeline program.
(c) After the Commission determines that the
customer is not eligible or no longer eligible, the customer may submit a
written request for a hearing to appeal the determination as specified in the
notice of determination.
(d) At the
hearing, the customer must provide to the Commission documentation
demonstrating that he or she qualifies under the program or income based
eligibility requirements listed in section (2) or (3) of this rule.
(12) If the Commission identifies
that a customer or household is receiving duplicate support from more than one
Eligible Telecommunications Provider, the Commission will attempt to contact
the customer to determine the customer's preferred provider and thereafter,
based on the available information, select which Eligible Telecommunications
Provider must de-enroll the customer.
(13) If a customer does not use the OTAP or
Lifeline supported service that the Eligible Telecommunications Provider offers
at no charge per the usage requirements defined in 47 C.F.R. § 54 Subpart
E (2016) for 30 consecutive days, the Eligible Telecommunications Provider must
provide the customer 15 days' notice, using plain language, that the customer's
failure to use the OTAP or Lifeline supported service within the 15-day notice
period will result in de-enrollment from OTAP or the Lifeline program. If the
customer uses the OTAP or the Lifeline supported service within the 15-day
notice period, the Eligible Telecommunications Provider may not terminate the
customer's OTAP or Lifeline supported service.
(14) When the customer switches to a
different Eligible Telecommunications Provider, the customer must submit to the
Commission an application for OTAP or the Lifeline program on a
Commission-approved form.
(15) If,
in a span of 30 days, the customer disconnects and reconnects service with the
same Eligible Telecommunications Provider, the customer is not required to
reapply for the OTAP or Lifeline benefits.
Notes
Statutory/Other Authority: ORS 183, ORS 756, ORS 759 & 1987 OL Ch. 290
Statutes/Other Implemented: ORS 756.040, ORS 759.036 & 1987 OL Ch. 290
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