(A) All reports shall be submitted in a format prescribed by BE for each facility for which that operator is responsible under a BOA and or BTOA. Should BE consider substantive changes in the format it prescribes, BE will actively participate with OVRC before implementation.
(B) BE may establish a system for submission for reports and records electronically, which may include a testing and evaluation period hereinafter referred to as the "Pilot Program."
(1) BE shall make electronic submission mandatory for any operator licensed on or after the effective date of this rule;
(2) For operators licensed before the effective date of this rule electronic submission shall be optional. After completion of the pilot program and/or training the electronic submission will remain optional until such time as the operator declares participation in electronic submission, there is a change in law, or the governor issues a directive or executive order mandating electronic submission of reports and records;
(3) BE and OVRC shall actively participate in the pilot program which shall include the following:
(a) Operate for a maximum of six months. BE shall actively participate with the OVRC to further extend the pilot if necessary.
(b) Be voluntary except as set forth in paragraphs (B)(1) and (B)(4) of this rule;
(c) Require submission both electronically and paper format;
(d) Pilot participants shall invoice BE at the end of the pilot project for one hundred dollars for each full month of participation in the project;
(4) If BSVI does not receive an adequate number of volunteers it shall select ten per cent of the available operators for the required pilot; and
(5) A sixty day moratorium on penalties in paragraph (C) of this rule for untimely submission of the MOR or payments shall begin on the first day for mandatory electronic submittal. This penalty moratorium may be extended sixty days upon active participation between BSVI and the OVRC and applies only to electronic submittal.
(C) When reports or payments are not submitted, submitted inaccurately, or submitted untimely, pilot participation payment(s) shall be disallowed and penalties shall be applied pursuant to rule 3304:1-21-09 of the Administrative Code. Pilot participants shall not be penalized for erroneous or late submission through the pilot program but pilot participants are not excused from the obligations associated with submission of the MOR in a paper format.
(D) Each month, each operator, shall submit the following:
(1) A service charge to BE which shall not exceed:
(a) Ten per cent of net proceeds up to one thousand dollars; plus
(b) Fifteen per cent of net proceeds over one thousand dollars up to two thousand five hundred dollars; plus
(c) Twenty per cent of net proceeds over two thousand five hundred dollars; plus
(2) Co-payment fee on maintenance and repair service calls, which include on-site labor and/or mileage charges, except in the following cases:
(a) For thirty calendar days after a piece of equipment is reassigned to a new location; or
(b) For thirty calendar days after an operator is reassigned to a new location.
(3) At the meeting immediately preceding October first each year, BE will collaborate with OVRC, and contingent on the availability of BE funds, shall determine for the next FFY the amount of:
(a) Co-payment per service call;
(b) Payments assuring a fair minimum of return pursuant to 34 C.F.R. Part 395;
(c) Benefits payments such as a pension fund, health insurance, paid sick leave, and paid vacation;
(d) Rates of reimbursement for actual and necessary expenses for OVRC representatives and alternates to attend regular meetings of the OVRC.
(e) Rates of compensation for OVRC representatives and OVRC alternate representatives for attendance at regular meetings of the OVRC.
(E) Full payment of the MOR charges shall be made to BE by the close of business the fourteenth calendar day after the date on the invoice when filing a paper MOR. If such day is Saturday, Sunday, or legal holiday, the due date is the next BSVI workday. For electronic MOR filing full payment of MOR charges are due the twenty-fourth calendar day of the month.
(F) If an MOR is outstanding forty-five days after its due date then BE shall prepare and send a written estimate of charges due and the operator shall be subject to penalty as described in rule 3304:1-21-09 of the Administrative Code.
(G) If the operator disagrees with a portion of the MOR charges prior to the due date of the disputed MOR charges, the operator shall:
(1) Submit a letter and supporting documentation describing the dispute to the BSVI director;
(2) The BSVI director shall review the documentation and investigate the dispute;
(3) Within thirty days of receipt of the dispute notification the BSVI director shall make a ruling as to whether the disputed charges should be rescinded by BE or paid by the operator;
(a) If the charges are to be rescinded, BE will make every effort to correct prior to the next MOR filing after the date of the ruling letter;
(b) If the charges are to be paid by the operator, the charges will be due in full within fourteen calendar days of the date of the ruling letter from the BSVI director;
(4) If the operator is dissatisfied with the director's decision, the operator may take such action as permitted in rule 3304:1-21-14 of the Administrative Code.
(5) If the operator is successful in such action the operator shall be reimbursed the amount of the disputed charges.
(H) Service charges received by BE shall be used pursuant to 34 CFR 395.9, and may include assuring a fair minimum return to a displaced operator. The operator must submit an invoice to BE for payment. A service charge shall not be levied against this amount nor shall it be shown on the MOR.
(I) BE shall submit benefit payments for eligible operators by March first.
(J) Any benefit payment shall be applied toward outstanding program debt.
R.C. 119.032 review dates: 11/19/2014
Promulgated Under: 119.03
Statutory Authority: 3304.29(D)
Rule Amplifies: 3304.28, 3304.34
Prior Effective Dates: 3/21/79, 5/1/83, 6/1/88, 1/12/90, 11/1/93, 10/1/96, 10/4/99, 1/30/01, 10/1/06