[Vendorsmi] Fw: The 50% Nonpenalty?

[Joe Sontag]

----- Original Message ----- 
From: Joe Sontag 
To: Fred Wurtzel 
Sent: Thursday, October 04, 2012 15:06
Subject: Re: [Vendorsmi] The 50% Nonpenalty?


It seems to matter who you are and what management thinks of you.  I don't know this to be true yet, but I believe Rutherford Beard was found to be out of compliance for having failed to pay a late fee and was denyed the remodeled SOS facility.  At the hearing, Hull was alleging that a certain operator was in compliance and promotable, even though evedence exists showing a late payment and a bounced check prior to the transfer.

  ----- Original Message ----- 
  From: Fred Wurtzel 
  To: 'Joe Sontag' ; 'NFB of Michigan Vendors List' 
  Sent: Thursday, October 04, 2012 12:35
  Subject: RE: [Vendorsmi] The 50% Nonpenalty?


  hello, 

   

  Didn't Sam Toko win in front of the Commission Board on this issue or an issue closely related to it?  I cannot imagine why the agency would take a position that their rules are unenforceable.  What kind of management is this?

   

  Warmest Regards,

   

  fred

  From: Vendorsmi [mailto:vendorsmi-bounces at nfbnet.org] On Behalf Of Joe Sontag
  Sent: Wednesday, October 03, 2012 11:52 PM
  To: VENDORSMI List
  Subject: [Vendorsmi] The 50% Nonpenalty?

   

  At a recent administrative hearing, Assistant Program Manager James Hull stated in sworn testimony that there is no compliance issue for those operators who are assessed a 50% penalty for late payment of set-aside fees, but who do not pay the penalty as required by rule.  Rule 27 states that the penalty payment is due with the next vending facility monthly report following notification of the penalty.

   

  If there's no compelling reason for payment of the late fee on time and no consequence where compliance goes, then why even have this so-called penalty in our rules?  Licenses can be (but almost never are) revoked for failure to pay almost everybody else while operating a facility; including the set-aside fee itself.  Somehow I doubt that the Treasury Department takes such a relaxed view when it comes to monies owed to the state for any lawful reason.

   

  If you have ever been slapped with the 50% penalty or you've been hit recently with and agree that you owe the 50% late fee and have not paid it promptly for any reason, I'd like to hear from you regarding statements made by BEP staff  and your situation.  I may be reached at:

   

  suncat0 at gmail.com

   

  or look me up in the Lansing phonebook.

   

  Joe Sontag
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