Ohio Code 936.08 – Assessments
(A) For the purpose of a marketing program established under this chapter, the council may levy assessments on retailers at the time of purchase of odorized propane by a retailer from a wholesale distributor. The council shall base the assessments on the volume of odorized propane purchased by the retailer from the wholesale distributor.
Terms Used In Ohio Code 936.08
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Propane: means liquefied petroleum gas, a material with a vapor pressure not exceeding that of commercial propane composed predominately of the following hydrocarbons or mixtures:
(A) Propane;
(B) Propylene;
(C) Butane;
(D) Butylene
"Propane council" or "council" means the propane council created under section 936. See Ohio Code 936.01
- Retailer: means a person engaged primarily in the sale of odorized propane to the ultimate consumer or to a retail propane dispenser. See Ohio Code 936.01
- Wholesale distributor: means a person whose primary business involves the sale of propane to a retailer. See Ohio Code 936.01
(B) A marketing program shall require a refund of assessments collected under this section after receiving an application for a refund from a retailer who has been assessed and is eligible for a refund. The retailer shall submit the application for a refund on a form furnished by the council. The council shall ensure that refund forms are available where assessments for its program are withheld.
A retailer who desires a refund shall submit a request for a refund not later than thirty days after the end of the month for which the request is submitted. The council shall refund the assessment to the retailer not later than sixty days after the request for the refund is submitted.
(C) The propane council shall not use money from any assessments that it levies for any political or legislative purpose or for preferential treatment of one person to the detriment of another person who is affected by the marketing program that the council administers.
(D) If the propane council requests that a retailer seeking a refund provide additional information to support a refund request, any additional information provided to the council is not a public record under section 149.43 of the Revised Code, is confidential, and the propane council shall treat the information as confidential.