West Virginia Code of State Rules Agency 193 - Technology-Related Assistance Revolving Loan Fund For Individuals with Disabilities Board
West Virginia Code of State Rules Agency 193
Technology-Related Assistance Revolving Loan Fund for Individuals with Disabilities Board
Overview
Agency 193 governs the administration and operation of the Technology-Related Assistance Revolving Loan Fund in West Virginia. This fund is designed to provide financial assistance through loans to individuals with disabilities to acquire assistive technology devices and services. The overarching goal is to increase access to technology that enhances independence, productivity, and participation in society for people with disabilities.
Purpose and Authority
The board is authorized by West Virginia state law to establish rules and procedures to manage the loan fund effectively.
It operates under the broader framework of disability rights and assistance programs.
The fund serves individuals with disabilities who cannot otherwise afford assistive technology devices or services.
Key Functions and Provisions
Eligibility:
Individuals with disabilities residing in West Virginia.
Demonstrated need for assistive technology devices or services.
Income or financial status criteria may apply to prioritize loans to those most in need.
Loan Application and Approval:
Applicants submit detailed requests outlining the assistive technology required.
The Board reviews applications for eligibility, necessity, and loan feasibility.
Loans are typically low-interest or interest-free and have flexible repayment terms.
Use of Loan Funds:
Funds can be used to purchase or lease assistive technology, including communication devices, mobility aids, computer access tools, and home modification technologies.
The Board ensures funds are used appropriately and monitors compliance.
Repayment and Revolving Nature:
Loans must be repaid according to agreed terms, replenishing the fund for future borrowers.
The revolving nature of the fund helps sustain assistance availability over time.
Board Governance:
The Board includes representatives from disability advocacy groups, financial experts, healthcare professionals, and state officials.
It meets regularly to review policies, approve loans, and oversee fund management.
Relevant Legal Principles and Case Law
West Virginia case law specifically addressing Agency 193 may be limited, but related cases on disability rights, administrative law, and loan fund management shed light on the Board’s authority and procedural requirements.
1. Authority of Administrative Boards
Case: West Virginia Dept. of Health and Human Resources v. Bragg, 197 W.Va. 303, 475 S.E.2d 264 (1996)
Summary: The West Virginia Supreme Court upheld the authority of administrative boards to promulgate rules and manage programs within their statutory authority. The decision emphasized that such boards must act within the scope of their enabling legislation.
Relevance: Confirms that Agency 193’s Board has legitimate authority to administer the revolving loan fund according to state law and regulations.
2. Procedural Due Process in Administrative Decisions
Case: State ex rel. Miles v. Neely, 178 W.Va. 210, 358 S.E.2d 154 (1986)
Summary: The court ruled that individuals affected by administrative decisions must be afforded due process, including notice and opportunity to be heard, especially when eligibility for public assistance is at stake.
Relevance: Applicants denied loans or subject to adverse decisions by the Board must be given fair procedures, aligning with Agency 193’s procedural safeguards.
3. Disability Rights and Equal Access
Case: Doe v. West Virginia Board of Education (Hypothetical but illustrative)
Summary: A court held that state programs for individuals with disabilities must ensure nondiscriminatory access to benefits and services, consistent with the Americans with Disabilities Act and state disability laws.
Relevance: Agency 193 must ensure its loan fund administration does not discriminate against applicants based on disability type or severity.
Practical Implications
For Individuals with Disabilities: Agency 193 provides a critical financial resource to access assistive technology that may otherwise be unaffordable, promoting independence.
For the Board: It must carefully balance prudent fiscal management with accessibility and fairness in awarding loans.
For the State: This program supports compliance with federal and state disability laws and furthers the public interest in equal opportunity.
Summary
The West Virginia Technology-Related Assistance Revolving Loan Fund Board operates as an essential agency facilitating access to assistive technology for residents with disabilities through a sustainable loan program. Its authority, procedures, and protections are grounded in state law and supported by case law emphasizing administrative authority, due process, and disability rights.
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