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(5)give the Disability Determination form to a certified person listed in Rule .0206(b)(2) to fill out; and
(6)read the Equipment Selection form, select the equipment that best fits the applicant's need, and include it with the application.

(A)For Hearing Aid applications, submit the "Certification of Telecoil Candidacy and Hearing Aid Model Selection" form which is included in the application packet.

(B)For speech impaired applications, submit a written recommendation from a speech pathologist, speech therapist, or a professional trained to work with individuals with speech impairments.

(c)  Providing false or misleading information on the application shall subject any applicant selected as a recipient to forfeiture of any equipment set provided.
(d)  The regional centers shall provide assistance in completing application forms upon request.
(e)  Applicants shall complete and sign all forms, attach all necessary documentation, and mail the completed application packet to the address specified on the application.
(f)  The Division shall determine an applicant's eligibility within 45 days following receipt of the completed application; except if the Division cannot determine eligibility within 45 days, it shall inform the applicant in writing as soon as possible within the 45-day period indicating the problem and solicit clarification and additional information in order to determine the applicant's eligibility.

History Note:Authority G.S. 62-157; 143B-216.34;

Eff. December 1, 1988;

Amended Eff. May 1, 2008; May 1, 2007; April 1, 1990.


(a)  Equipment sets shall be distributed to eligible recipients within the limits of available funding.
(b)  To be eligible for equipment from the TEDP, an individual must meet the following criteria:
(1)be a resident of North Carolina; an individual can establish residency by:

(A)submitting a copy of a current North Carolina driver's license or North Carolina non-driver identification;

(B)submitting a copy of the most recent utility bill (telephone, electricity, cable, water, sewage or gas); or

(C)submitting an official letter from a current landlord or residential management entity verifying residency;

(2)be certified as deaf, hard of hearing, deaf-blind, or speech-impaired.  An individual must submit a Disability Determination form authorized and certified by one of the following:

(A)licensed hearing-aid specialist;

(B)licensed audiologist;

(C)licensed physician;

(D)appropriate state or federal agency representative;

(E)licensed speech pathologist; or

(F)state certified teacher;

(3)not have another person with a similar disability from the same household receive similar equipment from TEDP.  Those applying for hearing aids are exempt from this requirement; and
(4)have a limited household income. The income limit varies for individuals whose income is 250 percent above the Federal Poverty Level based on the number of individuals in the family.
(c)  If a minor applicant applies, proof of income for the minor applicant, including the minor's income and the minor's parents' income, is required.
(d)  An applicant who does not receive public funds can show proof of income by submitting a copy of one of the following forms for each source of income within the household:
(1)the most recent paycheck stub;
(2)the most recent W-2 form;
(3)the most recent state or federal income tax return;
(4)the most recent retirement statement;
(5)the most recent Nursing Home statement;
(6)a copy of the most recent Social Security check or a dated Social Security letter;
(7)the most recent bank statement that shows a Social Security direct deposit; or
(8)documentation from an outside income verification agency.
(e)  There is no age limit to be eligible for equipment. An individual can apply for himself/herself or for a child or dependent adult who lives in the same household.

History Note:Authority G.S. 62-157; 143B-216.34;

Eff. December 1, 1988;

Amended Eff. May 1, 2008; May 1, 2007; April 1, 1990.


(a)  An applicant shall meet the Division's financial needs test to be eligible to receive an equipment set.
(b)  Applicants for an equipment set who are recipients of public funds such as AFDC, SSDI, SSI, CSHS (Children's Special Health Services), or the Food Stamp Program shall automatically meet the financial needs test upon submission of official documentation from the publicly funded program.
(c)  Financial eligibility for applicants not included under (b) of this Rule shall be determined by applying the federal poverty level for family size and income of the applicant in effect on the date of application.
(d)  An applicant's family shall include the user and the following persons living in the same household as the user if the user  is 18 years of age or older or if the user is less than 18 years of age and is married:
(1)the user's spouse;

22:23                                                               NORTH CAROLINA REGISTER                                           JUNE 2, 2008


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