Current through all regulations passed and filed through December 16, 2024
(A) Before an operator can be assigned to
operate a facility, the operator must agree to and sign a BOA or TBOA with the
BE program. A BOA shall specify all of the following:
(1) That the operator has received a copy of
the relevant agreement between the BE program and the grantor for the proposed
facility to which the operator will be assigned and agrees to operate the
facility in accordance with all of the terms contained within the
BGA;
(2) That the operator agrees
to operate the facility in compliance with Chapter 3304. of the Revised Code
and Chapter 3304:1-21 of the Administrative Code; and
(3) That the operator is to receive the net
monthly proceeds and agrees to pay service charges from the net monthly
proceeds from the facility which is operated under this agreement.
(B) The director of BSVI, or
designee may immediately suspend a BOA for up to forty-five days which shall
not be considered discipline. However, the operator
maintains the right to request a hearing under rule 3304:1-21-14 of the
Administrative Code whenever the operator receives notice of a
suspension. Any proposed extension of a suspension beyond forty-five days
requires the active participation of the OVRC. In no case shall a suspension
exceed six months. If the suspended operator is returned to the facility and
the BOA is reinstated, then the operator may apply for a stipend as a displaced
operator for the duration of the suspension. The BOA may be suspended for any
of the following reasons:
(1) When the acts
or omissions of the operator places the BE program in jeopardy of losing a site
or facility because of noncompliance with the permit, contract, or
BGA;
(2) The operator is absent
from a site or facility, which results in the site or facility being closed in
violation of the BGA;
(3) The
operator is arrested, engaging in, or indicted for criminal activity;
(4) The operator's conduct at a site or the
facility causes or allows conditions to exist which are a danger to the
operator or others; or
(5) The
operator's access to the site or facility has been revoked.
(C) The BSVI director, or designee
may terminate a BOA for the following reasons:
(1) Failure to satisfy the terms of a
performance improvement plan as stated in paragraph (B) of rule
3304:1-21-10
of the Administrative Code;
(2)
Failure of an operator to pay any fee required by the BOA, BGA, or permit, or
to submit a MOR within thirty days after being informed by the BE program in
writing that a fee or MOR is late;
(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) For
reasons noted in paragraph (B) of this rule after active participation of the
OVRC;
(6) BE approval of written
notice of resignation by the operator to BE; or
(7) As otherwise listed in Chapter 3304:1-21
of the Administrative Code.
(D) An operator shall have only one BOA in
place at any time in Ohio. On entering into a new BOA under paragraph (A) of
this rule, any existing BOA shall terminate.
(E) After consulting with the selection
panel, BE may enter into a TBOA to ensure continued operation of a facility or
site, or to establish reliable sales data for a vacant facility or site. Any
TBOA that extends more than six months requires the active participation of the
OVRC. BE, after consultation with the selection panel, shall select a temporary
operator considering the transitioning operator, any displaced operators, and
lowest income operators. Operators are not eligible for temporary assignments
if the operator:
(1) Is not currently licensed
by the BE program, except with the discretion of the BSVI director in emergency
situations and limited in duration to no more than six months;
(2) Has past due program charges;
(3) Attempts to obtain the facility or site
through fraud, falsification, or criminal activity;
(4) Has submitted three or more late reports
and/or payments in the previous twelve months;
(5) Has pending discipline;
(6) Has been removed from a facility,
pursuant to paragraphs (C)(2), (C)(4), and (C)(5) of this rule, within the
previous twelve months of the date on which the temporary assignment is
offered;
(7) Is currently on an
operator performance improvement plan.
(F) Before an operator can be assigned to
temporarily operate a facility or site, the operator shall sign a TBOA with the
BE program. A TBOA shall specify all of the following:
(1) That the operator has received a copy of
the relevant agreement between the BE program and the grantor for the proposed
facility or site to which the operator will be temporarily assigned and agrees
to operate the facility or site in accordance with all of the terms contained
within the BGA;
(2) That the
operator agrees to operate the facility or site in compliance with Chapter
3304. of the Revised Code and Chapter 3304:1-21 of the Administrative
Code;
(3) That the TBOA may be
terminated immediately without cause on written notice by either party;
and
(4) That the temporary operator
shall be compensated either by a fee or net proceeds as follows:
(a) If compensated by net proceeds, the
temporary operator is required to pay a set-aside fee pursuant to rule
3304:1-21-08
of the Administrative Code to the BE program.
(b) If compensated by an agreed on fee, the
operator shall pay all facility or site profits to BE. The temporary operator
shall record any temporary operator fee on the MOR for the same reporting
period. All unpaid profits shall be reported and paid on the final
MOR.
(G)
Whenever an operator's TBOA is terminated, or their BOA is suspended or
terminated, notice must be sent both to the operator and their OVRC
representative in their preferred formats.
(H) The BE program is subject to any
applicable anti-discrimination law.
