Ohio Administrative Code|Rule 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 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 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 send by certified
mail a notice to the delivery service company whose delivery service the tax
commissioner intends to revoke. That person shall have ten days from the
receipt of the tax commissioner's notice to contest the revocation by
requesting a hearing. The hearing shall 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 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 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) 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 web page. A list of
authorized delivery service products and any that have been revoked shall also
be available from the Ohio department of taxation's office of chief
counsel.

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Filed Date

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