West Virginia Code of State Rules Agency 193 - Technology-Related Assistance Revolving Loan Fund For Individuals with Disabilities Board
Overview
Agency 193 establishes the rules for the Technology-Related Assistance Revolving Loan Fund for Individuals with Disabilities Board in West Virginia. This fund is designed to provide loans to individuals with disabilities so they can acquire assistive technology devices or services that increase independence, productivity, and participation in community life. The fund is a revolving loan fund, meaning that repayments of prior loans are reused to make new loans.
The rules in Agency 193 implement the underlying statute in West Virginia Code, Chapter 29, Article 24, which created the program and defined the Board, its powers, and the loan structure.
Statutory Foundation (WV Code §29-24)
1. Legislative Findings & Purpose
Many individuals with disabilities need assistive technology to live independently.
The Legislature established a revolving loan fund to provide access to these technologies.
2. Key Definitions
Board: The governing body overseeing the loan fund.
Individual with a disability: Any person meeting the statutory definition of disability.
Technology-related assistance: Devices or services that improve independence.
Revolving loan fund: The financial pool used to provide loans.
Qualifying borrower: A person with a disability (or guardian/representative) who demonstrates need and repayment ability.
3. Board Composition
Seven members appointed by the Governor and confirmed by the Senate.
Members include professionals in rehabilitation services, banking, medicine, accounting, and assistive technology.
4. Board Powers & Duties
Administer and disburse loans.
Employ staff to manage the program.
Keep records and submit annual reports.
Follow auditing and financial accountability standards.
5. Loan Authority
Loans are available for assistive technology that improves independence.
Loan limits: $500 minimum, $5,000 maximum, up to 60 months.
Interest rates: minimum 4%, maximum 21%.
Loans can be prepaid without penalty.
Agency 193 — Key Regulatory Provisions
§193-1-1: General
Establishes the scope of the rules: applicable statewide to all loans made under the revolving loan fund.
§193-1-2: Description of Program
Confirms that the fund provides loans for devices and services for individuals with disabilities.
§193-1-3: Terms of Loans
Details loan duration, interest, collateral requirements, and default procedures.
§193-1-4: Eligibility
Must show that the requested technology improves independence or productivity.
Applicants may reapply only if their circumstances have changed significantly.
No more than 20% of loan funds in a year may go to nonprofit organizations.
§193-1-5: Application Procedure
Applicants must submit:
Completed application form.
Proof of income and net worth.
Description and cost of the requested device/service.
Evidence of repayment ability.
Proof of disability (e.g., physician certification).
An Application Committee reviews applications based on eligibility, need, and repayment ability.
§193-1-6: Committee Action
The Application Committee evaluates applications and recommends approval or denial to the full Board.
§193-1-7: Board Action
The Board makes the final decision to approve or deny loans based on committee recommendations and statutory criteria.
§193-1-8: Default
Specifies how the Board handles loan defaults, including recovery efforts and retention of funded property until repayment.
§193-1-9: Reconsideration
Applicants denied a loan can request reconsideration within 20 days.
The Board reviews the request and issues a final internal decision.
Administration
The program is typically administered by the West Virginia Division of Rehabilitation Services.
The Board oversees policy, while the Division handles day-to-day loan management.
Case Law
Currently, no published appellate cases directly interpret or challenge Agency 193 rules.
Most disputes are handled administratively through reconsideration under §193-1-9.
Judicial review in state court is possible under the West Virginia Administrative Procedure Act if a loan decision is challenged, but courts usually defer to the Board’s factual determinations unless they are clearly arbitrary or unsupported by evidence.
Practical Summary Table
| Topic | Key Points |
|---|---|
| Purpose | Provide loans for assistive technology to individuals with disabilities. |
| Governing Law | Statute §29-24 + Agency 193 administrative rules. |
| Eligibility | Must meet criteria for independence, show repayment ability. |
| Loan Limits | $500–$5,000; up to 60 months; 4–21% interest. |
| Application | Written form, financial proof, description of technology, proof of disability. |
| Decision Process | Application Committee evaluates → Board approves/denies. |
| Appeal | Reconsideration within 20 days; Board decision final internally. |
| Case Law | No reported cases; judicial review possible under Administrative Procedure Act. |
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