Date of Adoption: February 14, 2003.

     Purpose: Adoption of new rules in chapter 388-818 WAC, Deaf and hard of hearing services. The purpose of the chapter is to provide regulations about social and telecommunications access services for people with hearing loss and speech impairments. Technology advancements and expanded eligibility for participation in the distribution program prompted a change in the law. SHB 1884 was signed into law on May 7, 2001, as chapter 210, Laws of 2001. The sections in this chapter have been reorganized and revised to make the language clearer and easier to understand.

     Citation of Existing Rules Affected by this Order: New sections WAC 388-818-0010 What is the purpose of this chapter?, 388-818-0020 What does the Office of the Deaf and Hard of Hearing do?, 388-818-0030 What does the telecommunications access service do?, 388-818-0040 What definitions apply to this chapter?, 388-818-0050 What social services relating to hearing loss are available to the public?, 388-818-0060 Who are qualified service providers?, 388-818-0070 Is telecommunications equipment available for clients?, 388-818-0080 What items are not included with telecommunications equipment?, 388-818-0090 Who is eligible to apply for telecommunications equipment from TAS?, 388-818-0100 Who must certify an applicant's eligibility for telecommunications equipment from TAS?, 388-818-0110 How do applicants request specialized telecommunications equipment?, 388-818-0120 What types of income are included when requesting equipment from TAS?, 388-818-0130 How are applicants notified about decisions for telecommunications equipment?, 388-818-0140 What are reasons for denying telecommunications equipment?, 388-818-0150 When may clients renew their applications for telecommunications equipment?, 388-818-0160 How do clients renew their application for telecommunications equipment?, 388-818-0170 Are nonprofit organizations eligible for telecommunications equipment?, 388-818-0180 What process do nonprofit organizations follow to receive telecommunications equipment from TAS?, 388-818-0190 How much does an applicant have to pay for telecommunications equipment?, 388-818-0200 How does an applicant request a waiver (exception) of equipment cost?, 388-818-0210 What conditions must be met for a client to receive purchased telecommunications equipment?, 388-818-0220 When is telecommunications equipment owned by the client?, 388-818-0230 May clients return purchased telecommunications equipment?, 388-818-0240 When may telecommunications equipment be loaned to an applicant?, 388-818-0250 What are the conditions for loaning telecommunications equipment?, 388-818-0260 When does state-loaned equipment have to be returned to TAS?, 388-818-0270 May a person take loaned telecommunications equipment outside the state?, 388-818-0280 Will training be provided on the use and care of telecommunications equipment?, 388-818-0290 What services do trainers provide to clients?, 388-818-0300 When may telecommunications equipment be replaced?, 388-818-0310 When may requests for replacement telecommunications equipment be denied?, 388-818-0320 Who may receive reconditioned telecommunications equipment?, 388-818-0330 May an applicant disagree with a DSHS decision about telecommunications equipment?, 388-818-0340 What is a relay complaint?, 388-818-0350 What may a client do when dissatisfied with relay services?, 388-818-0360 May a client file a formal complaint about the relay service?, 388-818-0370 When is customer service available for clients?, 388-818-0380 May clients file their complaint about relay services with the FCC?, 388-818-0390 May the FCC file a complaint? and 388-818-0400 What documents must ODHH keep for complaints?; and repealing WAC 388-818-001 Scope, 388-818-002 Regional centers, 388-818-003 Services, 388-818-005 Definitions, 388-818-010 Eligibility requirements, 388-818-020 Approval of application for initial device or request for replacement device, 388-818-030 Denial of initial application or request for replacement device, 388-818-040 Application renewal process, 388-818-050 Notice of approval or denial, 388-818-060 Review by department, 388-818-070 Distribution, 388-818-080 Training, 388-818-090 Ownership and liability, 388-818-110 Telecommunications relay service, and 388-818-130 Uses for returned equipment.

     Statutory Authority for Adoption: RCW 43.20A.725.

     Other Authority: RCW 43.20A.720, chapter 210, Laws of 2001.

      Adopted under notice filed as WSR 02-23-083 on November 19, 2002.

     Changes Other than Editing from Proposed to Adopted Version: None - minor editing changes only.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 9, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 31, Amended 0, Repealed 15.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 40, Amended 0, Repealed 15.
     Effective Date of Rule: Thirty-one days after filing.

February 14, 2003

Bonita H. Jacques

for Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 03-06 issue of the Register.

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