3304:1-21-07 Closing a facility.

(A) When a facility is transitioned through award, temporary or permanent closing, or combined with an existing facility, or when there is a change in the BOA or operator status, there shall be a detailed stock and equipment inventory performed.

(B) The operator obligations:

(1) The outgoing and incoming operator or their designee assisted by BE shall complete the closing inventory for stock/supplies and BE equipment;

(2) The exiting operator shall relinquish the facility in a clean and operable condition;

(3) On the day of the closing inventory the exiting operator shall furnish to BE evidence of the purchase price for all stock/supplies for which the operators have not agreed upon price. The operator's failure to provide the evidence on the day of inventory shall result in zero credit being assigned to that inventory item. When BE takes charge of a facility pursuant to paragraph (D) of this rule, the operator shall have fourteen days from the date of the closing inventory to provide evidence of the purchase price for all stock/supplies. If not received by close of business on the fourteenth day, the operator shall receive zero credit for that inventory item(s);

(4) Submit the closing MOR and any outstanding inventory or other charges within thirty days of receipt of the closing inventory documentation from BE.

(C) The BE obligations:

(1) Schedule and notify the outgoing and the incoming operator of date and time of the closing stock and equipment inventory;

(2) Organize and represent BE at the stock and equipment inventory as described in paragraph (A) of this rule and complete and submit all closing inventory documentation. BE shall provide a copy of that day's physical inventory count within one business day signed by both operators;

(3) Assure the facility is transferred in an operable condition and provide the incoming and outgoing operator a current copy of the facility equipment inventory signed by the incoming and outgoing operators and BE;

(4) Complete a closing inspection noting facility and equipment condition and cleanliness signed by the incoming and outgoing operators and BE;

(5) Assure that an inventory form of that day's count and either a BOA/BTOA, have been signed by the operator for the facility the day of the closing inventory;

(6) Assure that the incoming operator receives copies of the detailed stock inventory, BOA/BTOA, and the administrative rules governing the BE program within fifteen calendar days of date closing inventory is conducted. This time may be extended when BE takes charge of a facility pursuant to paragraph (D) of this rule.

(D) Whenever BE must take charge of a facility, due to the suspension of the BOA or BTOA pursuant to paragraph (B) of rule 3304:1-21-09 of the Administrative Code, or the termination of the BOA or BTOA pursuant to paragraph (C) of rule 3304:1-21-09 or paragraph (A)(2) or (A)(3) of rule 3304:1-21-10 of the Administrative Code, BE may assume temporary custody of the cash on hand until such time as outstanding service charges and inventory adjustment charges due BE are resolved.

Effective: 01/01/2010
R.C. 119.032 review dates: 11/19/2014
Promulgated Under: 119.03
Statutory Authority: 3304.29(D)
Rule Amplifies: 3304.28 , 3304.34