§ 64.6207   Certification to receive funding.

   For each state, including the District of Columbia and U.S.
   territories, the Commission will certify a single program as the sole
   entity authorized to receive reimbursement for NDBEDP activities from
   the TRS Fund. Such entity will have full responsibility for
   distributing equipment and providing related services, such as
   outreach, assessments, installation, and training, in that state,
   either directly or through collaboration, partnership, or contract with
   other individuals or entities in-state or out-of-state, including other
   NDBEDP certified programs.

   (a) Eligibility for certification. Public or private entities,
   including, but not limited to, equipment distribution programs,
   vocational rehabilitation programs, assistive technology programs,
   schools for the deaf, blind, or deaf-blind, organizational affiliates,
   independent living centers, or private educational facilities, may
   apply to the Commission for certification.

   (b) When to apply. Applications for certification shall be filed:

   (1) Within 60 days after the effective date of this section;

   (2) At least one year prior to the expiration of a program's
   certification;

   (3) Within 30 days after public notice of a program's relinquishment of
   certification; and

   (4) If an application deadline is extended or a vacancy exists for
   other reasons than relinquishment or expiration of a certification,
   within the time period specified by public notice.

   (c) Qualifications. Applications shall contain sufficient detail to
   demonstrate the entity's ability to meet all criteria required for
   certification and a commitment to comply with all Commission
   requirements governing the NDBEDP. The Commission shall review
   applications and determine whether to grant certification based on the
   ability of an entity to meet the following qualifications, either
   directly or in coordination with other programs or entities, as
   evidenced in the application and any supplemental materials, including
   letters of recommendation:

   (1) Expertise in the field of deaf-blindness, including familiarity
   with the culture and etiquette of individuals who are deaf-blind;

   (2) The ability to communicate effectively with individuals who are
   deaf-blind (for training and other purposes), by among other things,
   using sign language, providing materials in Braille, ensuring that
   information made available online is accessible, and using other
   assistive technologies and methods to achieve effective communication;

   (3) Administrative and financial management experience;

   (4) Staffing and facilities sufficient to administer the program,
   including the ability to distribute equipment and provide related
   services to low-income individuals who are deaf-blind throughout the
   state, including those in remote areas;

   (5) Experience with the distribution of specialized customer premises
   equipment, especially to individuals who are deaf-blind;

   (6) Experience in training consumers on how to use Equipment and how to
   set up Equipment for its effective use;

   (7) Familiarity with Covered Services; and,

   (8) If the applicant is seeking renewal of certification, ability to
   provide Equipment and related services in compliance with this subpart.

   (d) Conflicts of interest. (1) An applicant for certification shall
   disclose in its application any relationship, arrangement, or agreement
   with a manufacturer or provider of Equipment or related services that
   poses an actual or potential conflict of interest, as well as the steps
   the applicant will take to eliminate such actual or potential conflict
   or to minimize the associated risks. If an applicant learns of a
   potential or actual conflict while its application is pending, it must
   immediately disclose such conflict to the Commission. The Commission
   may reject an application for NDBEDP certification, or may require an
   applicant, as a condition of certification, to take additional steps to
   eliminate, or to minimize the risks associated with, an actual or
   potential conflict of interest, if relationships, arrangements, or
   agreements affecting the applicant are likely to impede its objectivity
   in the distribution of Equipment or its ability to comply with NDBEDP
   requirements.

   (2) A certified entity shall disclose to the Commission any
   relationship, arrangement, or agreement with a manufacturer or provider
   of Equipment or related services that comes into being or is discovered
   after certification is granted and that poses an actual or potential
   conflict of interest, as well as the steps the entity will take to
   eliminate such actual or potential conflict or to minimize the
   associated risks, within 30 days after the entity learns or should have
   learned of such actual or potential conflict of interest. The
   Commission may suspend or revoke an NDBEDP certification or may require
   a certified entity, as a condition of continued certification, to take
   additional steps to eliminate, or to minimize the risks associated
   with, an actual or potential conflict of interest, if relationships,
   arrangements, or agreements affecting the entity are likely to impede
   its objectivity in the distribution of Equipment or its ability to
   comply with NDBEDP requirements.

   (e) Certification period. Certification granted under this section
   shall be for a period of five years. A program may apply for renewal of
   its certification by filing a new application at least one year prior
   to the expiration of the certification period. If a certified entity is
   replaced prior to the expiration of the certification period, the
   successor entity's certification will expire on the date that the
   replaced entity's certification would have expired.

   (f) Notification of substantive change. A certified program shall
   notify the Commission within 60 days of any substantive change that
   bears directly on its ability to meet the qualifications necessary for
   certification under paragraph (c) of this section.

   (g) Relinquishment of certification. A program wishing to relinquish
   its certification before its certification expires shall electronically
   provide written notice of its intent to do so to the NDBEDP
   Administrator and the TRS Fund Administrator at least 90 days in
   advance, explaining the reason for such relinquishment and providing
   its proposed departure date. After receiving such notice, the
   Commission shall take such steps as may be necessary, consistent with
   this subpart, to ensure continuity and effective oversight of the
   NDBEDP for the affected state.

   (h) Suspension or revocation of certification. The Commission may
   suspend or revoke NDBEDP certification if, after notice and an
   opportunity to object, the Commission determines that an entity is no
   longer qualified for certification. Within 30 days after being notified
   of a proposed suspension or revocation of certification, the reason
   therefor, and the applicable suspension or revocation procedures, a
   certified entity may present written arguments and any relevant
   documentation as to why suspension or revocation of certification is
   not warranted. Failure to respond to a notice of suspension or
   revocation within 30 days may result in automatic suspension or
   revocation of certification. A suspension of certification will remain
   in effect until the expiration date, if any, or until the fulfillment
   of conditions stated in a suspension decision. A revocation will be
   effective for the remaining portion of the current certification
   period. In the event of suspension or revocation, the Commission shall
   take such steps as may be necessary, consistent with this subpart, to
   ensure continuity and effective oversight of the NDBEDP for the
   affected state.

   (i) [Reserved]

   (j) Certification transitions. When a new entity is certified as a
   state's program, the previously certified entity shall:

   (1) Within 30 days after the new entity is certified, and as a
   condition precedent to receiving payment for any reimbursement claims
   pending as of or after the date of certification of the successor
   entity,

   (i) Transfer to the new entity all NDBEDP data, records, and
   information for the previous five years, and any Equipment remaining in
   inventory;

   (ii) Provide notification in accessible formats about the
   newly-certified state program to state residents who are in the process
   of obtaining Equipment or related services, or who received Equipment
   during the previous three-year period; and

   (iii) Inform the NDBEDP Administrator that such transfer and
   notification have been completed;

   (2) Submit all reimbursement claims, reports, audits, and other
   required information relating to the previously certified entity's
   provision of Equipment and related services; and

   (3) Take all other steps reasonably necessary to ensure an orderly
   transfer of responsibilities and uninterrupted functioning of the state
   program.

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