3304:1-21-04. Operator's responsibilities, leave and self-employment status

(A) The operator shall:

(1) Comply with section 3304.30 of the Revised Code.

(2) Consult with the BE specialist prior to creating a position and contact the specialist for referrals when filling a new or vacant position. Operators may hire temporary employees while actively seeking qualified applicants who meet the preferences set forth in paragraphs (A)(3) and (A)(4) of this rule. Operators shall document their outreach and other efforts to meet the preferences set forth in paragraph (A)(3) of this rule.

(3) When hiring give preference to qualified applicants in the following order:

(a) Individuals who are blind;

(b) Then individuals with visual impairments who are currently receiving vocational rehabilitation services from OOD ;

(c) Then individuals who are currently receiving vocational rehabilitation services from OOD ;

(d) Then individuals with other disabilities.

(4) Not unlawfully deny employment to any qualified person.

(5) Comply with provisions as outlined in rule 3304:1-21-06 of the Administrative Code.

(6) Operate facilities in accordance with the BGA or permit.

(7) Designate someone to assume supervision of the facility and notify BE of the designee if the operator is absent from the facility for more than one business day. During the operator's absence from the facility, all responsibilities remain with the operator and shall not be set aside by the operator's absence.

(8) Be responsible for complying with federal, state, and local laws with respect to, but not limited to, taxes, workers' compensation, unemployment insurance, and social security taxes. Operators are self-employed persons and not employees of the state of Ohio.

(9) Subcontract only with express prior written approval of BE.

(a) The criteria to consider approval for subcontracting are:

(i) Achieve compliance with the BGA; or

(ii) Implement a partnering arrangement to produce sales from a specific product line or market segment not otherwise available or feasible for the operator to manage.

(b) All income from subcontracted sales shall become part of the facility's total monthly receipts and shall be reported by the operator as indicated in rule 3304:1-21-01 of the Administrative Code.

(c) All subcontracting arrangements shall be evaluated on an individual basis.

(10) Maintain a drug-free workplace The licensee or any of the licensee's employees shall not be under the influence of, consume, possess, or distribute illegal substances, illegal drugs, or alcohol at a BE facility.

(11) Provide BE with the operator's current home address and telephone number and current business address and telephone number.

(12) Maintain a high standard of personal hygiene. Attire shall be appropriate for the facility as determined by BE or as specified in the BGA or permit.

(13) Acquire, maintain, and, upon request, provide evidence of adequate liability insurance as required-by the BGA, permit or law.

(14) Unless otherwise established by contract, permit or regulation, the operator shall establish retail prices for merchandise.

(15) Provide each employee a payroll earnings statement each pay period and each calendar year, and retain copies of these statements for business records. All employees shall be issued a W-2 or 1099 form.

(16) Not add to or take from the facility any equipment without the BE's written approval.

(17) Be responsible for routine cleaning and maintenance of the facility and equipment. Cleaning and maintenance shall be appropriate for the facility as determined by BE or as specified in the BGA or permit.

(18) Acquire adequate inventory storage space if not available at the facility. Such storage shall be in compliance with any applicable health and property use codes.

(19) Prepare and retain a detailed daily cash report for each day there is a business expenditure or revenue collection including itemized expenditures on the daily cash report.

(20) Prepare a report listing monthly totals to include but not limited to, sources of total monthly receipts and requested expenditures. The listing of monthly totals shall include revenue collection for each business address location for the assigned facility.

(21) Upon request by BE and operator shall provide supporting documentation of information reported on the "Monthly Operating Report" (MOR). Verification of information does not constitute a records review.

(22) New licensees shall be subject to a records review once a year for the first three years of being under a BOA or BTOA. All other licensees may be subject to a records review in conjunction with an operator performance improvement plan under rule 3304:1-21-10 of the Administrative Code or if it is determined that the operator is managing a facility in violation of the provisions of Chapter 3304:1-21 of the Administrative Code.

(23) Operate the facility in a professional manner.

(24) Execute facility-related transactions only through the operator's business accounts.

(25) Be subject to penalties for late or partial payments and/or reports as noted in rule 3304:1-21-09 of the Administrative Code.

(26) Be responsible for the return or reimbursement of the value of the inventory provided. This applies to operators under a BOA or BTOA, including operators receiving income from a fee or net proceeds, unless there is an exemption to this requirement specifically stated in the BTOA.

(27) Be responsible for completing and submitting a MOR to BE in the format prescribed by BE. All purchases and liabilities must be liquidated, processed for collection or determined uncollectible within ninety days of the day the purchase or liability is incurred. and shall include :

(28) Be responsible for completing and retaining a detailed stock inventory report of BE owned facility merchandise that shall be completed with the December and June MOR except when there is a facility closing within thirty days prior to either of these dates. Stock inventory reports shall be retained by the operator for six months. Additional inventories may be required when BE deems them necessary for reasonable business purposes. BE may require operator participation.

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(C), 3304.303304.34
Prior Effective Dates: 3/21/79, 5/1/83, 6/1/88, 1/12/90, 11/1/93, 10/4/99, 10/1/06, 1/1/10