3304:1-21-09 Program penalties.

(A) Causes for penalty charges include: 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 an unpaid, incomplete or late payment due to a reported emergency which materially interferes with the operator's ability to file reports or make payments in a timely manner. Each operator will have the opportunity to utilize an emergency excuse not to exceed one use per federal fiscal year. The request for an emergency excuse must be made before the payment is due. In the instance of an excused late payment, the payment 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.

(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, operator performance improvement plan, and additional record reviews as deemed appropriate. Such records reviews may be conducted by OOD, 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 penalties and actions cited in this rule, the operator shall be charged a fifty-dollar program service fee for payments returned for insufficient funds.

(B) 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.

(C) 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.

Effective: 1/1/2016
Five Year Review (FYR) Dates: 09/17/2015 and 01/01/2021
Promulgated Under: 119.03
Statutory Authority: 3304.29(D)
Rule Amplifies: 3304.29
Prior Effective Dates: 3/21/79, 5/1/83, 1/12/90, 11/1/93, 10/4/99, 10/1/06, 1/1/10