(a) The penalty
pursuant to subsection (g) or subsection (i) of Section
12-170aa,
may be waived by the Secretary of the Office of Policy and Management, provided
he receives a written application for penalty waiver within thirty business
days of the filing date for the reimbursement claim or report of adjustments
thereto. Such application, which shall set forth the reason for the waiver
request, shall be signed by the official responsible for filing such claim or
report and co-signed by the chief executive officer of the municipality. It
shall be established to the Secretary's satisfaction that the failure to file
in a timely manner and in the form required, was due to reasonable cause and
was not intentional or due to neglect. Examples of reasonable cause shall
include, but not be limited to, the following:
(1) An Act of God;
(2) A vacancy in the position of the official
responsible for filing the claim or report. Such vacancy, which may be due to
death, serious illness or resignation, must have occurred within sixty days of
the filing date for such claim or report;
(3) Failure regarding delivery of any such
claim or report, provided it is established to the Secretary's satisfaction
that a reasonable attempt to make timely delivery has been made;
(4) Administrative or technical problems
encountered with regard to the filing of such claim or report, including but
not limited to:
(A) Adoption of a computer
system, or conversion to an alternate computer system, wherein serious problems
concerning retrieval of the data to be submitted were not resolved prior to the
filing date for such claim or report. It must be established to the Secretary's
satisfaction that attempts to resolve such problems were undertaken within a
reasonable period of time prior to such date;
(B) Failure on the part of the municipality
to establish a mill rate within thirty days of date of the filing date for such
claim;
(C) The enactment of
legislation by the General Assembly in the session immediately preceding the
filing date of such claim or report which would require a substantial
recalculation of the amount of the reimbursement to be claimed or the amount of
adjustments to be reported;
(D)
Failure on the part of the municipality to receive from the Secretary, at least
thirty days prior to said filing date, the forms necessary for submitting such
claim or report.
(b) The Secretary shall promptly consider any
such written application for penalty waiver and shall notify the applicants of
his decision to grant or deny such waiver within fifteen business
days.
