Ohio Admin. Code 3304:1-21-11

Current through all regulations passed and filed through December 2, 2024

Section 3304:1-21-11 - Authority and responsibility of BE

BSVI has authority and responsibility for administration of the BE program consistent with 34 CFR 395, Chapter 3304. of the Revised Code, and Chapter 3304:1-21 of the Administrative Code. In addition to these responsibilities the BE program shall:

(A) Actively participate, as defined in paragraph (B) of rule 3304:1-21-01 of the Administrative Code, with the OVRC on major administrative decisions and in policy and program development;

(B) Make every reasonable effort to provide all licensees with information in an accessible format, as defined in paragraph (A) of rule 3304:1-21-01 of the Administrative Code;

(C) Make every reasonable effort to schedule meetings and hearings with licensees in an accessible facility;

(D) Negotiate and enter into agreements, settlement agreements or contracts;

(E) Participate with the local selection panel to seek and secure suitable vending facilities;

(F) Have the right of access to any facility;

(G) Establish training programs for entry into the program, for upward mobility, and to assist operators;

(H) Market and promote BE;

(I) Upon request, provide to each licensee access to requested program and financial data relevant to the operation of the BE program, including quarterly and annual financial reports;

(J) Upon request, refer qualified candidates whenever possible to operators with personnel vacancies;

(K) Perform periodic inspections of inventory;

(L) Perform quarterly inspections of sites and facilities and prepare a written inspection report and visit each facility quarterly;

(M) Actively participate with the OVRC to draft and promulgate policies and procedures for the efficient operation of the BE program;

(N) Participate with the local selection panel to seek and secure suitable sites;

(O) Inform the local selection panel of any disputes with grantors that may result in the loss of a facility;

(P) If funds are available, BE shall provide a benefit payment to eligible operators by March first after the OVRC recommendation to provide payout. Any benefit payment to an operator or licensee shall be first applied toward outstanding program debt, prior to payment to the licensee or operator;

(Q) For all administrative rules in this chapter filed in compliance with Chapter 119. of the Revised Code and for which BSVI conducts a public hearing, at least thirty days before the public hearing for the administrative rules, BSVI shall provide the notice of public hearing to all licensed operators in the preferred format and to radio reading services; and

(R) Apply rules and policy in a uniform manner.

Replaces: 3304:1-21-11

Ohio Admin. Code 3304:1-21-11

Effective: 2/18/2022
Five Year Review (FYR) Dates: 02/18/2027
Promulgated Under: 119.03
Statutory Authority: 3304.29(D)
Rule Amplifies: 3304.29, 3304.30, 3304.34
Prior Effective Dates: 03/21/1979, 01/12/1990, 11/01/1993, 10/04/1999, 10/01/2006, 01/01/2010, 01/01/2016