3304:1-21-10 Operator corrective action.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Rehabilitation Services Commission

Agency Name

 

Business Enterprise Program                            Mary Theodoras

Division                                                                  Contact

 

400 East Campus View Blvd Mail Station WA-2 Columbus OH 43235-4604

614-781-8718

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

3304:1-21-10

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Responsibilities of the operator.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? Yes

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 3304.29(D)

5.  Statute(s) the rule, as filed, amplifies or implements: 3304.31

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

The rule has been reviewed to meet the requirements of the Ohio Revised Code

119.032 to review and update administrative rules every five years. This year the Rehabilitation Services Commission, Bureau of Services to the Visually Impaired (BSVI), is scheduled to review this Business Enterprise Program Administrative Rule. The rule is proposed amended: to define the manner in which a licensee shall operate a facility; to establish a plan of corrective action during times of inefficient operation or non-compliant practices and Business Enterprise assistant manager responsibilities; to delete co-manager responsibilities; and to clarify language.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

The rule is proposed amended: to define the manner in which a licensee shall operate a facility; to establish a plan of corrective action during times of inefficient operation or non-compliant practices and Business Enterprise assistant manager responsibilities; to delete co-manager responsibilities; and to clarify language. The rule establishes responsibilities of vending facility operators and Business Enterprise assistant managers.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

10/31/2005 The originally filed paragraphs (C) to (F) moved to paragraphs (A)(1) to (A)(4).

The originally filed paragraph (A)(1) moved to (A)(5) and to add an introductory sentence added.

The originally filed paragraphs (A)(2) to (A)(4) are deleted.

The originally filed paragraphs (G) to (J) moved to paragraphs (A)(6) to (A)(9).

In paragraph (B) language updated to clarify that the assistant manager shall inform an operator when there is evidence that demonstrates an operator is managing a facility in violation of paragraph (A) of this rule.

In paragraph (B)(3) language updated to delete the words "substantially" in two places; to specify that when an operator does not submit a plan of corrective action or whose plan is not approved shall have sixty days from the date on which the plan was due to correct "all" noted deficiencies of which he/she has been informed.

In paragraph (B)(4) language updated to change the word "substantially" to "fully" to specify that an operator who submits an approved plan of corrective action has one hundred twenty days from the date on which the plan was due to "fully" correct the deficiencies of which he/she has been informed and failure to "fully" correct the noted deficiencies shall result in the termination of his/her bureau-operator agreement for that facility on the one hundred twenty-first day.

The originally filed paragraphs (C) to (F) moved to paragraphs (A)(1) to (4) and paragraphs (G) to (J) moved to paragraphs (A)(6) to (A)(9).

The originally filed paragraph (J) deleted.

12. 119.032 Rule Review Date: 4/4/2005

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures.

-0-

The rule is proposed amended: to define the manner in which a licensee shall operate a facility; to establish a plan of corrective action during times of inefficient operation or non-compliant practices and Business Enterprise assistant manager responsibilities; to delete co-manager responsibilities; and to clarify language.

These changes will neither increase/decrease revenues nor expenditures during the current biennium.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

N/A

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

These changes will neither increase/decrease revenues nor expenditures during the current biennium.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No