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APPROVED RULES

(2)the user's children under 18 years of age;
(3)other individuals related to the user by blood, marriage, or adoption if the other individuals have no income and do not have a parent or spouse who has income living in the same household; and
(4)the user's children of any age who are temporarily living away from the household while attending school if they are being claimed as dependents by the user for tax purposes.
(e)  An applicant's family shall include the user and the following persons living in the same household as the user if the user is less than 18 years of age and is not married:
(1)the user's parents, not including step-parents;
(2)siblings or half-siblings of the user, but not step-siblings, if the siblings are unmarried and less than 18 years of age;
(3)siblings or half-siblings of the user, but not step-siblings, if the siblings are 18 years of age or older and have no income; and
(4)other individuals related to the user by blood, marriage, or adoption if the other individuals have no income and do not have a parent or spouse who has income living in the same household.
(f)  In (e)(2) and (3) of this Rule, siblings who are temporarily living away from the household while attending school may be considered as living in the same household if they are being claimed as dependents by their parents for tax purposes and the parents are in the same household as the user.
(g)  Gross monthly income of the family members shall be considered in the financial needs test.  If the applicant is married, the applicant must include his/her spouse's income.  If the applicant is a minor, the applicant must include his/her parents' income.  Examples of gross income include such items as the following:
(1)salaries and wages;
(2)earnings from self-employment, except for income that children may earn from babysitting, lawn mowing, or other miscellaneous tasks;
(3)public assistance money;
(4)unemployment compensation;
(5)Social Security benefits;
(6)Veteran's Administration benefits;
(7)retirement and pension payments;
(8)supplemental security income benefits.
(h)  The following shall be excluded in the computation of gross monthly income:
(1)combined, available cash in the bank not to exceed six times the gross monthly income for the family size; and
(2)tax value of property held.
(i)  The time period to be used as the basis for computing gross monthly income shall be the month preceding the date of application.  For income that is not received on a monthly basis, the monthly pro rata share of the most recent receipt of the income shall be included in the computation.

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.

10A NCAC 17D .0220RIGHTS/CONSUMER APPEALS

Applicants whose application for telecommunications equipment has been denied by the TEDP may file an appeal using the following procedure for consumer appeals:

(1)Ask any Division staff member for a TEDP Appeal of Decision to Deny Request for Telecommunications Equipment Form.  This form may be obtained from any of the Division's regional resource centers throughout North Carolina or from the TEDP Administration Office of the Division in Raleigh;

(2)This form must contain an explanation of the reasons for the appeal and must be submitted to the TEDP Coordinator within 30 days of the rejection letter;

(3)The TEDP Coordinator shall review the appeal and render a decision within two weeks after receiving the formal appeal;

(4)The Division shall notify the individual appealing the decision, in writing, within five working days of the TEDP Coordinator's decision;

(5)Appeal of the TEDP Coordinator's decision may be made in writing to the Director of the Division within two weeks after notification of the TEDP Coordinator's decision;

(6)The Director of the Division shall review the appeal and render a final decision within two weeks after notification of appeal to the Division Director;

(7)The individual submitting the appeal may pursue further appeal by writing to the Director and requesting an Independent Hearing Officer (IHO);

(8)The decision of the IHO may be appealed to the Department of Health and Human Services (DHHS); and

(9)Appeal of a DHHS decision may be pursued through the Office of Administrative Hearings (OAH).

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

Eff. May 1, 2007;

Amended Eff. May 1, 2008.

* * * * * * * * * * * * * * * * * * * *

10A NCAC 26C .0402STANDARDIZED FORMS AND

PROCESSES

(a)  Pursuant to G.S. 122C-112.1(a)(32) this Rule sets forth the standardized forms and processes to be used by local management entities (LMEs) and providers in support of LME system management functions.  LMEs and providers shall use

22:23                                                               NORTH CAROLINA REGISTER                                           JUNE 2, 2008

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