Ohio Admin. Code 5703-1-13 - Authorized delivery services
(A) Pursuant to section
5703.056 of the Revised Code, a
delivery service company can request to have a delivery service authorized for
use to deliver tax payments or tax documents to the tax commissioner, treasurer
of state, or the board of tax appeals. "Delivery service" means a specific
delivery product offered by a delivery service company and does not constitute
all of the delivery products offered by that delivery service company. A
delivery service must meet all of the following criteria:
(1) The delivery service is available to the
general public;
(2) The delivery
service is at least as timely and reliable on a regular basis as the United
States postal service;
(3) The
delivery service company records electronically to a database kept in the
regular course of its business, and marks on the cover in which the payment or
document is enclosed, the date on which the payment or document was given to
the delivery service company for delivery; and
(4) The delivery service company records
electronically to a database kept in the regular course of its business the
date on which the payment or document was given by the delivery service company
to the person who signed the receipt of delivery and the name of the person who
signed the receipt.
(B)
If the delivery service meets the criteria listed in paragraph (A) of this
rule, the delivery service company seeking to have a delivery service approved
by the tax commissioner
must
will fill
out an application and return it to the department of taxation. Upon verifying
the information on the application, the tax
commissioner will journalize the decision to deny or accept the delivery
service. Such journal entry will be kept in the administrative journal entry
volume. A copy of the journal entry shall
will be mailed
to the delivery service company, the treasurer of state, and the board of tax
appeals. The denial of a delivery service is subject to the same procedures as
set forth in paragraph (C) of this rule.
(C) If the delivery service no longer meets
the above criteria, the delivery service company shall notify the
tax commissioner that the delivery service
no longer meets the criteria listed in paragraph (A) of this rule. The
tax commissioner may also revoke the use of
the delivery service if the tax
commissioner finds that the delivery service no longer meets the above
criteria. The tax commissioner
shall
will
send by certified mail a notice to the delivery service company whose delivery
service the tax commissioner intends to
revoke. That person shall
will have ten days from the receipt of the
tax commissioner's notice to contest the
revocation by requesting a hearing. The hearing shall
will be held
within ten days of the tax commissioner's
receipt of the request. The tax
commissioner's determination on the revocation is final and is not subject to
further administrative review or appeal. The removal of the product from the
list of authorized delivery services will be reflected in a journal entry kept
in the administrative journal entry volume. A copy of the journal entry
shall
will be
mailed to the delivery service company, the treasurer of state, and the board
of tax appeals.
(D) If a delivery
service is revoked from the list of authorized delivery service products by the
tax commissioner,
; such person
providing the delivery service shall
is not be allowed
to reapply for authorization of that delivery service for a period of one
year.
(E) The effective date of the
revocation of a delivery service is sixty days from the date of the journal
entry issued pursuant to paragraph (C) of this rule.
(F)
The Ohio
department of taxation will publish a
A list of authorized delivery service products and
any delivery service products that have been revoked shall be published on the Ohio department of taxation's
its web page. A
Such list
of authorized delivery service products and any that
have been revoked shall
will also be
available from the Ohio department of taxation's office of chief
counsel.
Notes
Promulgated Under: 119
Statutory Authority: 5703.05
Rule Amplifies: 5703.056
Prior Effective Dates: 03/29/2001, 09/11/2017
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.