3304:1-21-09 Program penalties.

(A) Causes for penalty charges include: reports required by BE that are incomplete, inaccurate or late; payments of any type required by BE except payments required by the BGA, that are unpaid, incomplete or late; or checks returned for insufficient funds. The following penalty charges and actions shall be implemented except when the operator submits an untimely report or payment due to a verified admission for hospitalization of the operator, or the death of the operator or the operator's legal spouse, or when documented disaster or destruction of the facility or business records materially interferes with the operator's ability to file reports or make payments in a timely manner. In either instance reports or payments must be submitted within fifteen calendar days of the original due date. The progression of penalties shall apply on a per-facility basis.

(1) The first occurrence in any federal fiscal year an operator has cause for penalty as cited in paragraph (A) of this rule, the operator shall receive written notice from BSVI that subsequent occurrences during the federal fiscal year shall be cause for monetary penalties.

(2) The second occurrence in any federal fiscal year an operator has cause for penalty as cited in paragraph (A) of this rule, a penalty of one hundred dollars shall be added to the billing invoice for service charge. If the operator upon the first imposition of this monetary penalty successfully completes a BE approved training the occurrence will be withdrawn. Upon the next occurrence the penalty shall be applied as a second occurrence and any subsequent occurrence shall progress to paragraph (A)(3) of this rule.

(3) The third occurrence or more in any federal fiscal year an operator has cause for penalty as cited in paragraph (A) of this rule, a penalty of two hundred dollars shall be added to the billing invoice.

(4) The fourth occurrence shall result in a two hundred dollar penalty, corrective action plan, and additional record reviews as deemed appropriate. Such records reviews may be conducted by RSC, its designee or agent.

(5) In applying the above cited penalties, each occurrence in a federal fiscal year shall result in a progression of the penalties.

(6) In addition to the above cited penalties and actions, the operator shall be charged a fifty-dollar program service fee for payments returned for insufficient funds.

(B) The BSVI director may immediately suspend the BOA for up to fourteen calendar days which shall not be considered discipline:

(1) When the actions or inactions of the operator places BE in jeopardy of immediately losing the facility because of noncompliance with the permit or BGA;

(2) If the operator is absent from the location pursuant to rule 3304:1-21-04 of the Administrative Code causing the facility to be closed or temporarily closed in violation of the BGA;

(3) If the operator is indicted and, or engaging in criminal activity as defined in paragraph (M) of rule 3304:1-21-01 of the Administrative Code;

(4) If the actions or inactions of the operator cause or allow conditions to exist, which present a clear and present danger to the operator or others.

(C) The BSVI director shall terminate the BOA for the following reasons:

(1) Failure to pay any fee required through the BOA by close of business on the fifteenth calendar day after receipt of the thirty day notice. Copies of the notice shall be sent to the area OVRC representative and alternate;

(2) Failure of an operator to submit an MOR or inventory at the designated BE location by close of business on the fifteenth calendar day after receipt of the thirty day notice. Copies of the notice shall be sent to the area OVRC representative and alternate;

(3) Termination of the BGA, whether voluntary or involuntary;

(4) Revocation or suspension of the operator's license in accordance with rule 3304:1-21-13 of the Administrative Code;

(5) BE approval of a thirty day written notice of resignation by the operator to BE;

(6) The date on which the closing inventory required in rule 3304:1-21-07 of the Administrative Code is conducted;

(7) As otherwise listed in Chapter 3304:1-21 of the Administrative Code.

(D) Upon certification to the attorney general's office for past due program charges, BE may revoke as operator's license in accordance with rule 3304:1-21-13 of the Administrative Code unless paid in full within one hundred twenty days of certification.

(E) Any unpaid program charges more than forty-five days past due shall have a twenty-five per cent penalty added to the total of unpaid program charges and shall then be forwarded to the state of Ohio, attorney general's office, collection recovery unit in accordance with section 131.02 of the Revised Code.

Replaces: 3304:1-21-09

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
Prior Effective Dates: 3/21/79, 5/1/83, 1/12/90, 11/1/93, 10/4/99, 10/1/06