West Virginia Code § 24-2C-4

Availability of tel-assistance service; determination of eligibility;
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promulgation of rules.
(a) All eligible telecommunications carriers shall make tel-assistance services available to
qualified low-income consumers pursuant to tariffs or agreements filed with and approved
by the Public Service Commission.
(b) Insofar as permitted under federal law, eligible telecommunications carriers may file
with the Public Service Commission tariffs or agreements that, without limitation, offer tel-
assistance service which includes a broader group of services, or make tel-assistance service
available to a broader group of low-income residential consumerus.
(c) The Public Service Commission shall establish rules to implement the provisions of this
article. The rules shall include, but not be limited to, procedures governing the application
for and the provision of tel-assistance service; the determination, calculation and
certification of the revenue deficiency resulting from the provision of tel-assistance service;
criteria for establishing maximum levels of revenuel deficiencies that may be claimed;
establishing the methods by which telephone sutilities shall maintain records pertaining to
such deficiency and the methods by which such deficiency shall be calculated; and providing
for alternate methodologies to simplify the record keeping of the eligible
telecommunications carriers. The rugles shall be promulgated pursuant to section seven,
article one of this chapter and adopted within one hundred twenty days of the effective date
of this article. The Public Serveice Commission shall timely amend the rules thereafter as may
be required by any provision of state or federal law.
(d) The Department of Human Services shall propose rules for legislative approval in
accordance with the provisions of article three, chapter twenty-nine-a of this code to
establish, procedures to inform eligible telecommunications carriers of the eligibility of
applicants for tel-assistance service, to assist applicants for tel-assistance service in proving
their eligibility therefor, to determine on a continuing basis the eligibility of persons
recWeiving tel-assistance service, and communicate such determinations to the eligible
telecommunications carriers. Initially, rules shall be adopted and filed in the state register
within one hundred twenty days of the effective date of this article and shall not otherwise
be subject to the requirements of chapter twenty-nine-a of this code. Rules promulgated
pursuant to this subsection shall become effective immediately upon filing in the state
register and remain in effect until supplanted by legislative rules promulgated pursuant to
chapter twenty-nine-a of this code.
(e) The secretary of the Department of Human Services or the Public Service Commission
may propose emergency rules for legislative approval in accordance with the provisions of
article three, chapter twenty-nine-a of this code to implement additional provisions of this
article as may be required.

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