Or. Admin. Code § 860-033-0535 - Ownership Conditions and Liability
(1) All Assistive Telecommunication Devices
or Adaptive Equipment purchased by the Commission remain the property of the
State of Oregon for four years from the Commission's purchase date.
(2) A recipient who received TDAP equipment
when under the age of 18 must sign a new Conditions of Acceptance form within
30 calendar days after becoming 18 years of age. Similarly, if there is a
change in legal guardian for an adult recipient, the new guardian must sign a
Conditions of Acceptance form within 30 calendar days of the change in
guardianship.
(3) The Commission
will not provide an Assistive Telecommunication Device or Adaptive Equipment to
an application or recipient when the applicant or recipient owes any amount of
money due and payable to the Commission under the terms of an order.
(4) A recipient may trial two Assistive
Telecommunication Devices or Adaptive Equipment for 60 calendar days. The
recipient must return one Assistive Telecommunication Device or Adaptive
Equipment to the Commission with 30 days after the end of the trial
period.
(5) A recipient of an
Assistive Telecommunication Device or Adaptive Equipment is responsible for the
appropriate care and the costs related to the use of an Assistive
Telecommunication Device or Adaptive Equipment.
(6) A recipient may not sell, lease, give
away, or loan any Assistive Telecommunication Device or Adaptive Equipment. A
recipient may not use any Assistive Device or Adaptive Equipment as collateral
for a loan of any type or as a pledge for a pawn loan.
(7) A recipient who moves to a different
address within Oregon must report the new address to the Commission within 30
calendar days of the move. Before moving out of Oregon, a recipient must return
all Assistive Telecommunication Devices or Adaptive Equipment to the
Commission.
(8) Except for the
first instance of equipment damage or loss in sections (5), (7), (8)(a), and
(8)(b) of this rule, the recipient is financially responsible for:
(a) Damage to the Assistive Telecommunication
Device or Adaptive Equipment not caused by normal wear and tear, force majeure,
or acts of terrorism;
(b) Loss of
the Assistive Telecommunication Device or Adaptive Equipment; or
(c) Failure to comply with sections (4), (5),
(6), (7), or (8) of this rule.
(9) If the Assistive Telecommunication Device
or Adaptive Equipment is stolen, the recipient must notify the law enforcement
agency in the jurisdiction where the theft occurred within 24 hours of the time
the recipient discovers the theft. The recipient must submit a copy of the law
enforcement agency report that describes the theft, includes the location,
date, time of discovery and any witnesses' names, addresses, and telephone
numbers to the Commission within five business days of the reported date of the
theft.
(10) When the Commission
receives notice that recipient is deceased, the Commission may request that the
recipient's alternate contact return the Assistive Telecommunication Device or
Adaptive Equipment.
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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