Ohio Administrative Code › Title 3304:1 - Business Enterprise Program › Chapter 3304:1-21 - Part 21 - Business Enterprise Program › Section 3304:1-21-04 - Operator's responsibilities, leave and self-employment status

Current through all regulations passed and filed through July 1, 2024
(A) All licensed operators in the BE program
			 are self-employed entrepreneurs who are not employees of the state of Ohio. In
			 addition, or consistent with any terms contained in a BGA for an operator's
			 assigned facility, all operators who choose to participate in the BE program
			 shall:
(1) Comply with Chapter 3304. of the
			 Revised Code and Chapter 3304:1-21 of the Administrative Code.
(2) Comply with the terms in the signed BGA,
			 the signed permit, or the signed contract for the facility they are
			 assigned.
(3) Comply with the terms
			 in the signed 
									BOA.
(4)
			 Operate the assigned facility in a professional manner.
(5) Comply with federal, state, and local
			 laws.
(6) Maintain a high standard
			 of personal hygiene while working, and operators and their employees must at
			 all times wear appropriate attire in a professional manner while present in the
			 facility and comply with all applicable health and safety
			 regulations.
(7) Provide BE with:
(a) A current home address and telephone
			 number;
(b) A current business
			 address and telephone number; and
(c) A social security number or federal
			 employer identification number.
If this information changes at any time, the operator is
				responsible for providing all updated information to BE in a timely
				manner.
(8)
			 Maintain a drug-free workplace. Operators and their employees shall not be
			 under the influence of, consume, possess, or distribute illegal substances,
			 illegal drugs, or alcohol at a BE facility. If an alcohol license is required
			 by a BGA, alcohol possession and distribution is permitted.
(9) Maintain active engagement in their
			 assigned facility. In lieu of active engagement, an operator may designate an
			 essential employee to fulfill this function. If such a designation is made, the
			 operator shall notify the BE program of the designated essential employee.
			 During the operator's absence from the facility, all responsibilities remain
			 with the operator.
(10) The
			 licensee shall meet with a BE consultant at least once per calendar year at the
			 assigned facility.
(11) Keep and
			 maintain accurate records of facility and/or site-related monetary
			 transactions.
(12) Be physically
			 present at their facility, or send an essential employee to be physically
			 present at all of the following times:
(a) For
			 equipment moves and equipment deliveries; and
(b) For transitions into or out of a
			 facility.
(13)
			 Pre-arrange access to equipment for any maintenance and repairs. If access is
			 not pre-arranged, the operator or their employee shall be present for such
			 maintenance and repairs.
(14)
			 Subcontract in compliance with the BGA and Ohio law and with notification to
			 the BE program.
(15) Acquire,
			 maintain, and upon request, provide evidence of adequate liability insurance,
			 as required by the BGA, permit, or law, unless liability insurance is procured
			 for the operators by BE using state unassigned income.
(16) Observe any restrictions on the use of
			 OOD's logo, brand names, taglines, slogans, or other trademarks without prior
			 written authorization from OOD.
(17) Maintain gross sales information
			 individually for each BGA for the assigned facility and provide supporting
			 documentation of reported sales to BE on request to detach from a site or
			 facility.
(18) Prepare and submit a
			 monthly operating report to BE in the format prescribed by BE. When BE
			 determines reasonable cause, operator shall provide supporting documentation of
			 information reported on the MOR. Verification of information does not
			 constitute a records review.
(19)
			 New licensees shall be subject to a records review once a year for the first
			 three years of being under a BOA or TBOA. 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.
(20)
			 Licensees should create and maintain contact information of the individual(s)
			 entrusted with operating a facility or site in case of an operator's absence.
			 This information shall be on file with BSVI.