The department must pay eligible voucher payments within 45 days and may investigate, delay, condition, or use dispute resolution for certain voucher transactions; the executive commissioner may adopt implementing rules.
Sec. 56.154. DEPARTMENT DUTIES. (a) Not later than the 45th day after the date the department receives a voucher a telecommunications device distributor presents for payment or a voucher a telecommunications service provider presents for payment, the department shall pay to the distributor or service provider the lesser of the value of a voucher properly exchanged for a specialized telecommunications device or service or the full price of the device or service for which a voucher recipient exchanges the voucher. The payments must be made from the universal service fund. (b) The department may investigate whether the presentation of a voucher for payment represents a valid transaction for a telecommunications device or service under the program. (c) Notwithstanding Section 56.153(a), the department may: (1) delay payment of a voucher to a distributor of devices or a 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 department issued the voucher until the dispute is resolved; (2) provide that payment of the voucher is conditioned on the return of the payment if the device is returned to the distributor or if the service is not used by the person to whom the voucher was issued; and (3) provide an alternative dispute resolution process for resolving a dispute regarding a subject described by Subdivision (1) or (2). (d) The executive commissioner, after consulting with the department, may adopt rules to implement this section. Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.08(e), eff. Sept. 1, 1999. Amended by Acts 1999, 76th Leg., ch. 1553, Sec. 7, eff. Sept. 1, 1999. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 532 (S.B. 512), Sec. 9, eff. September 1, 2013.