(a) Purpose. The provisions of this section are intended to establish procedures for a specialized telecommunications assistance program and for reimbursement to vendors and service providers who submit vouchers issued under the program.
(b) Program responsibilities.
  (1) Commission responsibilities. The commission is responsible for:
    (A) Adopting rules and procedures regarding the reimbursement to vendors for properly redeemed STAP vouchers;
    (B) Administering the TUSF to ensure adequate funding of the specialized telecommunications assistance program;
    (C) Appointing and providing administrative support for the Relay Texas Advisory Committee (RTAC), in accordance with the Public Utility Regulatory Act (PURA), §56.110 and §56.112 if funding is available; and
    (D) Resolving disputes regarding the amount or propriety of the payment for a device or service or whether the device or service is appropriate or adequate to meet the need of the person to whom the voucher was issued.
  (2) Vendor and service provider responsibilities. Vendors and service providers are responsible for adhering to the requirements set forth in this section and the commission's STAP procedures as posted on the commission's web site (www.puc.state.tx.us).
(c) Program administration.
  (1) Vendor and service provider registration. A vendor or service provider who accepts STAP vouchers shall register with the commission and agree to comply with this section and the commission's STAP procedures as posted and periodically updated on the commission's web site. A vendor's or service provider's STAP registration shall include its name, contact person, address, telephone number, facsimile number (if available), and information sufficient to permit the commission's STAP administrator to reimburse the vendor or service provider by direct deposit rather than by check. If a vendor's or service provider's registration information is not complete or accurate, the STAP administrator shall notify the vendor or service provider, by certified mail, and the administrator of the Texas Universal Service Fund (TUSF) that the vendor or service provider is no longer eligible to receive voucher reimbursements under this program. The commission is not responsible if the vendor or service provider has not provided a correct mailing address for receipt of this notice. Reimbursements for vouchers that are otherwise eligible will be resumed after the vendor or service provider has completed and corrected its registration.
  (2) Vendor and service provider in good standing. A vendor or service provider that is suspended or barred from doing business with the State of Texas or with the federal government is not eligible to participate in the this program. If a vendor or service provider is registered under the STAP and becomes barred from doing business with the State of Texas or the federal government, the STAP administrator shall notify the vendor or service provider, by certified mail, and the TUSF administrator that the vendor or service provider is no longer eligible to receive voucher reimbursements under the STAP. The commission is not responsible if the vendor or service provider has not provided a correct mailing address for receipt of this notice. Reimbursements for vouchers that are otherwise eligible will be resumed if the vendor or service provider is returned to good standing with the State of Texas and federal government.
  (3) Vendor or service provider adherence to commission STAP procedures. Any vendor or service provider not in compliance with the commission's STAP procedures as posted on the commission's web site, within 30 days of the commission's posting of any new or amended procedures, is not eligible to receive voucher reimbursements under the STAP. The STAP administrator may permanently bar, or suspend for a specified period of time, any vendor or service provider that the STAP administrator identifies as having billed the STAP for devices or services not provided to eligible customers.
  (4) Vendor or service provider reimbursement. A vendor or service provider who exchanges a STAP voucher for the purchase of approved equipment or services in accordance with the requirements of the STAP may request reimbursement by the commission. If all reimbursement requirements are met, the STAP administrator shall approve reimburse to the vendor or service provider in an amount that is the lesser of: the face value of the STAP voucher, the actual retail price of the equipment or service as charged by the vendor or service provider to all STAP and non-STAP customers for the same equipment or service, or 125% of the manufacturer's suggested retail price for the device actually provided to the STAP customer as posted on the manufacturer's web site or provided by the manufacturer upon request.
    (A) TUSF disbursements shall be made only upon receipt from the vendor or service provider of:
      (i) The vendor's copy of the voucher signed by the vendor, or an authorized representative, in the space provided thereon. By signing the voucher, the vendor is certifying that the device or service has been delivered to the voucher recipient, and that the device was new when delivered and was not used or re-conditioned.
      (ii) The vendor's proof of delivery of the device or service to the voucher recipient. For proof of delivery, the vendor should seek the voucher recipient's signature on the voucher in the space provided thereon. If the vendor is unable to obtain the recipient's signature on the voucher, other evidence of delivery, such as a postal or private delivery service receipt, may be used for proof of delivery to the recipient. However, evidence of delivery to the voucher recipient must include the signature of the voucher recipient, the signature of the recipient's parent, guardian, spouse, or the signature of a person receiving the delivery at the delivery address who is at least 18 years of age.
      (iii) A receipt that contains a description of the device or service exchanged for the STAP voucher and the price charged to the customer for the device or service exchanged. The price charged to the customer for the device or service exchanged for the voucher cannot exceed the standard retail price charged by that vendor to all of its customers who purchase the same equipment or service.
    (B) TUSF disbursements may also be subject to such other limitations or conditions as determined by the commission to be just and reasonable, including investigation of whether the presentation of a STAP voucher represents a valid transaction for equipment or service under the STAP.
    (C) If a dispute arises as to whether the submitted documentation is sufficient to create a presumption of a valid STAP sales transaction, the commission will be the sole judge of the sufficiency of the documentation.
    (D) The TUSF administrator shall ensure that reimbursement to vendors for STAP vouchers shall be issued within 45 days after the STAP voucher and other documentation required under subparagraph (A) of this paragraph is received by the TUSF administrator.
    (E) The commission may delay payment of a voucher to a vendor or service provider if there is a dispute regarding the amount or propriety of the payment or whether the device or service is appropriate or adequate to meet the needs of the person to whom the DHHS issued the voucher until the dispute is resolved.
    (F) The commission shall process a voucher for payment no sooner than ten working days from the date the STAP customer received the device or service.
    (G) The vendor or service provider shall refund a reimbursement if the device is returned to the vendor within 30 days of receipt or if the service is not used by the STAP customer within 30 days of its availability.
    (H) A STAP vendor or service provider must submit voucher reimbursement requests, along with sufficient and accurate supporting documentation, by the deadline specified in the commission's STAP procedures. The deadline specified in the commission's STAP procedures shall be no later than 120 days after the exchange date on the voucher or on the proof of delivery. The STAP administrator shall not authorize reimbursement of any voucher if the voucher or its sufficient and accurate supporting documentation is submitted after the deadline specified in the commission's STAP procedures.
    (I) The commission may provide an alternative dispute resolution process for resolving a dispute regarding the equipment or service provided.
    (J) Any request for reimbursement pending on the effective date of this subparagraph shall be denied by the STAP administrator if the vendor fails to submit the requisite voucher or sufficient and accurate supporting documentation that is sufficient and accurate within 120 days after the effective date of this subparagraph.

Source Note: The provisions of this §26.415 adopted to be effective August 10, 1999, 24 TexReg 6035; amended to be effective May 24, 2000, 25 TexReg 4514; amended to be effective January 10, 2002, 27 TexReg 381; amended to be effective August 12, 2010, 35 TexReg 6825; amended to be effective February 15, 2012, 37 TexReg 677; amended to be effective August 1, 2012, 37 TexReg 5577