Conn. Agencies Regs. § 12-170aa-4 - Penalty waiver procedures
Current through March 4, 2022
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Sec. 12-170aa-4. Penalty waiver procedures
(a) The penalty pursuant to subsection (g) or subsection (i) of Section 12-170aa, may be waived by the Secretary of the Office of Policy and Management, provided he receives a written application for penalty waiver within thirty business days of the filing date for the reimbursement claim or report of adjustments thereto. Such application, which shall set forth the reason for the waiver request, shall be signed by the official responsible for filing such claim or report and co-signed by the chief executive officer of the municipality. It shall be established to the Secretary's satisfaction that the failure to file in a timely manner and in the form required, was due to reasonable cause and was not intentional or due to neglect. Examples of reasonable cause shall include, but not be limited to, the following:
(1) An Act of God;
(2) A vacancy in the position of the official responsible for filing the claim or report. Such vacancy, which may be due to death, serious illness or resignation, must have occurred within sixty days of the filing date for such claim or report;
(3) Failure regarding delivery of any such claim or report, provided it is established to the Secretary's satisfaction that a reasonable attempt to make timely delivery has been made;
(4) Administrative or technical problems encountered with regard to the filing of such claim or report, including but not limited to:
(A) Adoption of a computer system, or conversion to an alternate computer system, wherein serious problems concerning retrieval of the data to be submitted were not resolved prior to the filing date for such claim or report. It must be established to the Secretary's satisfaction that attempts to resolve such problems were undertaken within a reasonable period of time prior to such date;
(B) Failure on the part of the municipality to establish a mill rate within thirty days of date of the filing date for such claim;
(C) The enactment of legislation by the General Assembly in the session immediately preceding the filing date of such claim or report which would require a substantial recalculation of the amount of the reimbursement to be claimed or the amount of adjustments to be reported;
(D) Failure on the part of the municipality to receive from the Secretary, at least thirty days prior to said filing date, the forms necessary for submitting such claim or report.
(b) The Secretary shall promptly consider any such written application for penalty waiver and shall notify the applicants of his decision to grant or deny such waiver within fifteen business days.
(Adopted effective March 1, 1999)