OAR 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.