Current through 2024-51, December 18, 2024
Section 178-501-1 - Definitions The following terms, some of which are defined in the Act, shall have the following meaning in this rule:
A. "Act" means the Kim Wallace Adaptive Equipment Loan Program Act enacted by P. L. 1987, Chap. 817, 10 M.R.S.A. §371et seq., as amended.B. "Adaptive equipment" means any device, implement, or thing and associated acquisition costs which assists one or more persons with disabilities to improve their independence or to become a more productive member of the community. Adaptive equipment includes assistive technology as defined in the Assistive Technology Act of 1998, 29 U.S. Code Section 3001et seq., as amended.C. "Applicant" means any individual, organization, or entity that submits an application for a loan.D. "Board" means the Kim Wallace Adaptive Equipment Loan Program Fund Board.E. "Business" means an applicant other than an individual including, but not limited to for-profit and not-for-profit businesses.F. "Construction loan" means a loan to an eligible applicant the proceeds of which will be used for the access or adaptation related enlargement, rehabilitation, remodeling or modification of an existing structure or building.G. "Disability" means (i) any physiological disorder or condition or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory; genitourinary; hemic and lymphatic; skin; and endocrine; or (ii) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities; or (iii) any physical or mental impairment including but not limited to, such diseases and conditions as traumatic brain injury, orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illnesses, and drug addiction and alcoholism; or (iv) any physical or mental impairment which substantially limits one or more major life activities.H. "Financial services provider" means an entity with which the board establishes a contract primarily to administer, underwrite, service, and document loans.I. "Fund" means the Kim Wallace Adaptive Equipment Loan Program Fund (established by Section 372 of the Act).J. "Fund administrator" means the state agency with which the Kim Wallace Adaptive Equipment Loan Program Fund is deposited pursuant to Section 372 of the Act.K. "Individual" means an applicant who is a person with a disability who will benefit from the adaptive equipment or a person in a relationship, other than within the context of a business or employment relationship, with a person with a disability who will benefit from the adaptive equipment purchased.L. "Loan" means a loan from the Kim Wallace Adaptive Equipment Loan Program Fund.M. "Loan commitment" means a letter from the board or its designee to an applicant agreeing to make a loan subject to terms, conditions and requirements stated therein.N. "New construction loan" means a loan to an eligible applicant the proceeds of which will be used to provide funding for the costs directly related to building or erecting access or adaptation related features in a newly constructed structure or building, including modular homes. O. "Program" means the Kim Wallace Adaptive Equipment Loan Program.P. "Qualified borrower" means an individual or entity which meets the eligibility requirements set forth in this rule.Q. "State" means the State of Maine.R. "Support services provider" means any organization, entity, or individual with which the board establishes a contract to provide services to the program, including but not limited to marketing, generating loan applications, providing credit counseling, providing legal services, and/or providing other administrative services.94- 178 C.M.R. ch. 501, § 1