As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 11 5
1999-2000 6
SENATORS KEARNS-CARNES-DiDONATO-BLESSING-CUPP-DRAKE-McLIN- 8
OELSLAGER-SCHAFRATH-WACHTMANN 9
11
A B I L L
To amend sections 101.35 and 119.03 and to enact 13
sections 103.051, 103.052, 103.053, 103.054, 14
119.035, 119.037, 119.038, 119.039, and 119.0311 15
of the Revised Code to improve opportunities for
public participation in the rule-making process 16
by enhancing the ability of the Joint Committee 17
on Agency Rule Review to achieve a quorum, 18
authorizing the Joint Committee and its staff to
attend agency rule-making hearings, requiring 19
agency rule-making hearings to be held before 20
Joint Committee hearings, clarifying that 21
rule-making hearings are legislative in form,
authorizing public comment before and after 22
rule-making hearings, providing for rule-making 23
hearings to be recorded other than
stenographically, authorizing use of advisory 25
committees in the development of rules, requiring
publication of a Register of Ohio, and requiring 26
agencies to prepare guides for public 28
participation in rule-making.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 30
Section 1. That sections 101.35 and 119.03 be amended and 33
sections 103.051, 103.052, 103.053, 103.054, 119.035, 119.037,
119.038, 119.039, and 119.0311 of the Revised Code be enacted to 35
read as follows:
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Sec. 101.35. There is hereby created in the general 44
assembly the joint committee on agency rule review. The 45
committee shall consist of five members of the house of 47
representatives and five members of the senate. Within fifteen 49
days after the commencement of the first regular session of each 50
general assembly, the speaker of the house of representatives 51
shall appoint the members of the committee from the house of 52
representatives, and the president of the senate shall appoint 54
the members of the committee from the senate. Not more than 56
three of the members from each house shall be of the same 58
political party. In the first regular session of a general 59
assembly, the chairperson of the committee shall be appointed by 60
the speaker of the house from among the house members of the 61
committee, and the vice-chairperson shall be appointed by the 63
president of the senate from among the senate members of the 64
committee. In the second regular session of a general assembly, 65
the chairperson shall be appointed by the president of the senate 66
from among the senate members of the committee, and the 68
vice-chairperson shall be appointed by the speaker of the house 69
from among the house members of the committee. The chairperson, 70
vice-chairperson, and members of the committee shall serve until 72
their respective successors are appointed or until they are no 73
longer members of the general assembly. When a vacancy occurs 74
among the officers or members of the committee, it shall be 76
filled in the same manner as the original appointment. 77
Notwithstanding section 101.26 of the Revised Code, the 79
members, when engaged in their duties as members of the committee 81
on days when there is not a voting session of the members's
MEMBER'S house of the general asembly ASSEMBLY, shall be paid at 83
the per diem rate of one hundred fifty dollars, and their 85
necessary traveling expenses, which shall be paid from the funds 86
appropriated for the payment of expenses of legislative 87
committees.
The committee has the same powers as other standing or 89
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select committees of the general assembly. Six members 90
constitute a quorum, and the concurrence of six members is 91
required for the recommendation of a concurrent resolution 92
invalidating a proposed or effective rule, amendment, rescission, 93
or part thereof, or for the suspension of a rule, amendment, 94
rescission, or part thereof, under division (I) of section 119.03 95
or section 119.031 of the Revised Code. 96
WHEN A MEMBER OF THE COMMITTEE IS ABSENT, THE PRESIDENT OR 98
SPEAKER, AS THE CASE MAY BE, MAY DESIGNATE A SUBSTITUTE FROM THE 99
SAME HOUSE AND POLITICAL PARTY AS THE ABSENT MEMBER. THE 100
SUBSTITUTE SHALL SERVE ON THE COMMITTEE IN THE MEMBER'S ABSENCE, 101
AND IS ENTITLED TO PERFORM THE DUTIES OF, AND TO RECEIVE THE SAME 102
BENEFITS AS, THE ABSENT MEMBER.
THE PRESIDENT OR SPEAKER SHALL INFORM THE EXECUTIVE 104
DIRECTOR OF THE COMMITTEE OF A SUBSTITUTION. IF THE EXECUTIVE 105
DIRECTOR LEARNS OF A SUBSTITUTION SUFFICIENTLY IN ADVANCE OF THE 106
MEETING OF THE COMMITTEE THE SUBSTITUTE IS TO ATTEND, THE 107
EXECUTIVE DIRECTOR SHALL PUBLISH NOTICE OF THE SUBSTITUTION ON 108
THE INTERNET, MAKE REASONABLE EFFORT TO INFORM OF THE 109
SUBSTITUTION PERSONS WHO ARE KNOWN TO THE EXECUTIVE DIRECTOR TO 110
BE INTERESTED IN RULES THAT ARE SCHEDULED FOR REVIEW AT THE 111
MEETING, AND INFORM OF THE SUBSTITUTION PERSONS WHO INQUIRE OF 112
THE EXECUTIVE DIRECTOR CONCERNING THE MEETING. 113
The committee may meet during periods in which the general 115
assembly has adjourned. At meetings of the committee, the 116
committee may request a rule-making agency, as defined in section 117
119.01 of the Revised Code, to provide information relative to 118
the agency's implementation of its statutory authority. 119
A MEMBER OF THE COMMITTEE, AND THE EXECUTIVE DIRECTOR AND 121
STAFF OF THE COMMITTEE, ARE ENTITLED IN THEIR OFFICIAL CAPACITIES 123
TO ATTEND, BUT NOT IN THEIR OFFICIAL CAPACITIES TO PARTICIPATE 124
IN, A PUBLIC HEARING CONDUCTED BY A RULE-MAKING AGENCY ON A 125
PROPOSED RULE, AMENDMENT, OR RESCISSION.
Sec. 103.051. THE "REGISTER OF OHIO" IS AN ELECTRONIC 129
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PUBLICATION THAT FUNCTIONS AS A GAZETTE TO WHICH MEMBERS OF THE 130
PUBLIC MAY READILY RESORT FOR NOTICE OF AND INFORMATION ABOUT 131
RULE-MAKING PROCESSES. THE DIRECTOR OF THE LEGISLATIVE SERVICE 132
COMMISSION SHALL PUBLISH THE REGISTER. THE REGISTER IS TO 133
INCLUDE ALL RULE-MAKING DOCUMENTS THAT ARE REQUIRED BY STATUTE TO 135
BE PUBLISHED IN THE REGISTER. THE DIRECTOR SHALL DISPLAY THE
REGISTER FREE OF CHARGE ON THE INTERNET, AND SHALL ENSURE THAT 136
PRINTED COPIES OF ALL OR PART OF A DOCUMENT PUBLISHED IN THE 137
REGISTER CAN BE EASILY PRODUCED BY USERS OF THE INTERNET. 138
THE DIRECTOR, TAKING INTO CONSIDERATION THE PUBLIC NOTICE 140
AND INFORMATION FUNCTIONS PERFORMED BY THE REGISTER, SHALL UPDATE 142
THE REGISTER AT REASONABLE INTERVALS, BUT NOT LESS OFTEN THAN
WEEKLY. THE DIRECTOR SHALL ESTABLISH A REASONABLE DEADLINE 144
BEFORE EACH UPDATING. A DOCUMENT RECEIVED BY THE DIRECTOR ON OR 145
BEFORE A DEADLINE IS TO BE PUBLISHED IN THE REGISTER UPON THE 146
REGISTER'S NEXT UPDATING. THE DIRECTOR SHALL PURGE A DOCUMENT 147
FROM THE REGISTER WHEN ITS DISPLAY NO LONGER SERVES THE PUBLIC 148
NOTICE AND INFORMATION FUNCTIONS PERFORMED BY THE REGISTER. 149
THE DIRECTOR UPON REQUEST OF ANY PERSON SHALL PROVIDE THE 151
PERSON WITH A PRINTED COPY OF ALL OR PART OF A DOCUMENT PUBLISHED 153
IN THE REGISTER. THE DIRECTOR MAY CHARGE AND COLLECT A FEE FOR 154
THIS SERVICE. ANY SUCH FEE IS NOT TO EXCEED THE ACTUAL COST OF 155
PRINTING AND DELIVERING THE PRINTED COPY TO THE PERSON REQUESTING 156
IT. THE DIRECTOR SHALL DEPOSIT THE FEES INTO THE STATE TREASURY 157
TO THE CREDIT OF THE REGISTER OF OHIO FUND. 158
Sec. 103.052. THE DIRECTOR OF THE LEGISLATIVE SERVICE 161
COMMISSION MAY REQUEST AN AGENCY TO PROVIDE THE DIRECTOR WITH 162
ASSISTANCE THAT IS WITHIN THE AGENCY'S COMPETENCE AND THAT IS 163
REASONABLY NECESSARY TO ENSURE THE DIRECTOR'S SUCCESSFUL, 164
EFFICIENT, AND TIMELY ELECTRONIC PUBLICATION OF THE REGISTER OF 166
OHIO.
Sec. 103.053. TO RECOVER A PORTION OF THE COST OF 169
PUBLISHING THE REGISTER OF OHIO, THE DIRECTOR OF THE LEGISLATIVE 171
SERVICE COMMISSION MAY SEEK REIMBURSEMENT FROM AN AGENCY OF 172
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ACTUAL COSTS THE DIRECTOR INCURS IN PUBLISHING THE AGENCY'S 173
DOCUMENTS IN THE REGISTER. THE AMOUNT SOUGHT FOR REIMBURSEMENT 174
IS TO BE AN AMOUNT PROPORTIONAL TO THE INTERNET SPACE ALLOCATED 175
TO THE AGENCY FOR PUBLISHING THE AGENCY'S DOCUMENTS IN THE 176
REGISTER, AND IS TO BE REDUCED BY THE VALUE OF ASSISTANCE THE 177
AGENCY HAS PROVIDED TO THE DIRECTOR WITH RESPECT TO PUBLICATION 178
OF THE REGISTER. THE DIRECTOR SHALL DEPOSIT REIMBURSEMENTS INTO 179
THE STATE TREASURY TO THE CREDIT OF THE REGISTER OF OHIO FUND. 180
Sec. 103.054. THE REGISTER OF OHIO FUND IS HEREBY CREATED 183
IN THE STATE TREASURY. THE DIRECTOR OF THE LEGISLATIVE SERVICE 184
COMMISSION SHALL USE MONEY IN THE FUND TO DEFRAY COSTS OF 185
PUBLISHING THE REGISTER OF OHIO. INVESTMENT EARNINGS OF THE FUND 188
ARE TO BE CREDITED TO THE FUND.
Sec. 119.03. In the adoption, amendment, or rescission of 197
any rule, an agency shall comply with the following procedure: 198
(A) Reasonable public notice shall be given IN THE 200
REGISTER OF OHIO at least thirty days prior to the date set for a 202
hearing, in the manner and form and for the length of time as the 203
agency determines and. THE AGENCY SHALL FILE COPIES OF THE 204
PUBLIC NOTICE UNDER DIVISION (B) OF THIS SECTION. (THE AGENCY 205
GIVES PUBLIC NOTICE IN THE REGISTER OF OHIO WHEN THE PUBLIC 206
NOTICE IS PUBLISHED IN THE REGISTER UNDER THAT DIVISION.) 207
THE PUBLIC NOTICE shall include: 210
(1) A statement of the agency's intention to consider 212
adopting, amending, or rescinding a rule; 213
(2) A synopsis of the proposed rule, amendment, or rule to 215
be rescinded or a general statement of the subject matter to 216
which the proposed rule, amendment, or rescission relates; 217
(3) A statement of the reason or purpose for adopting, 219
amending, or rescinding the rule; 220
(4) The date, time, and place of a hearing on the proposed 222
action, which shall be not earlier than thirty THE THIRTY-FIRST 223
nor later than fifty days THE FORTIETH DAY after the proposed 225
rule, amendment, or rescission is filed under division (B) of 227
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this section. In
IN addition to public notice GIVEN IN THE REGISTER OF OHIO, 230
the agency may give whatever other notice it REASONABLY considers 232
necessary TO ENSURE NOTICE CONSTRUCTIVELY IS GIVEN TO ALL PERSONS 233
WHO ARE SUBJECT TO OR AFFECTED BY THE PROPOSED RULE, AMENDMENT, 234
OR RESCISSION. Each agency shall adopt a rule setting forth in 235
detail the method that the agency shall follow in giving public 236
notice as to the adoption, amendment, or rescission of rules. The 238
rule shall require the
THE agency to SHALL provide A COPY OF the public notice 241
required under division (A) of this section to any person who 242
requests it and pays a reasonable fee, not to exceed the cost of 243
copying and mailing. The methods used for notification may 244
include, but are not limited to, mailing notices to all 245
subscribers on a mailing list or mailing notices in addressed, 246
stamped envelopes provided by the person requesting the notice. 247
(B) One copy of the full text of the proposed rule, 249
amendment, or rule to be rescinded, accompanied by one copy of 250
the public notice required under division (A) of this section, 251
shall be filed with the secretary of state. Two copies of the 252
full text of the proposed rule, amendment, or rule to be 253
rescinded, accompanied by two copies of the public notice 254
required under division (A) of this section, shall be filed with 255
the director of the legislative service commission. (If in 256
compliance with this division an agency files more than one 257
proposed rule, amendment, or rescission at the same time, and has 258
given PREPARED a public notice under division (A) of this section 260
that applies to more than one of the proposed rules, amendments, 262
or rescissions, the agency shall file only one copy of the notice 263
with the secretary of state and only two copies of the notice 264
with the director for all of the proposed rules, amendments, or 265
rescissions to which the notice applies.) The proposed rule, 266
amendment, or rescission and public notice shall be filed as 267
required by this division at least sixty days prior to the date 268
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on which the agency, in accordance with division (D) of this 269
section, issues an order adopting the proposed rule, amendment, 270
or rescission. The 271
THE proposed rule, amendment, or rescission shall be 274
available for at least thirty days prior to the date of the
hearing at the office of the agency in printed or other legible 275
form without charge to any person affected by the proposal. 276
Failure to furnish such text to any person requesting it shall 277
not invalidate any action of the agency in connection therewith. 278
If 279
IF the agency files a substantive revision in the text of 281
the proposed rule, amendment, or rescission under division (H) of 282
this section, it shall also promptly file one copy of the full 283
text of the proposed rule, amendment, or rescission in its 284
revised form with the secretary of state and two copies thereof 285
with the director of the legislative service commission. The 286
THE agency shall attach a copy of the rule summary and 289
fiscal analysis prepared under section 121.24 or 127.18 of the 290
Revised Code, or both, to each copy of a proposed rule, 291
AMENDMENT, OR RESCISSION or proposed rule, AMENDMENT, OR 292
RESCISSION in revised form that is filed with the secretary of 293
state or the director of the legislative service commission. 294
THE DIRECTOR OF THE LEGISLATIVE SERVICE COMMISSION SHALL 296
PUBLISH IN THE REGISTER OF OHIO THE FULL TEXT OF THE ORIGINAL AND 298
EACH REVISED VERSION OF A PROPOSED RULE, AMENDMENT, OR 299
RESCISSION; THE FULL TEXT OF A PUBLIC NOTICE; AND THE FULL TEXT 301
OF A RULE SUMMARY AND FISCAL ANALYSIS THAT IS FILED WITH THE 302
DIRECTOR UNDER THIS DIVISION.
(C) On the date and at the time and place designated in 304
the notice, the agency shall conduct a public hearing at which 305
any person affected by the proposed action of the agency may 306
appear and be heard in person, by his THE PERSON'S attorney, or 307
both, may present his THE PERSON'S position, arguments, or 309
contentions, orally or in writing, offer and examine witnesses, 311
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and present evidence tending to show that the proposed rule, 312
amendment, or rescission, if adopted or effectuated, will be 313
unreasonable or unlawful. AN AGENCY MAY PERMIT PERSONS AFFECTED 314
BY THE PROPOSED RULE, AMENDMENT, OR RESCISSION TO PRESENT THEIR 315
POSITIONS, ARGUMENTS, OR CONTENTIONS IN WRITING, NOT ONLY AT THE 316
HEARING, BUT ALSO FOR A REASONABLE PERIOD BEFORE, AFTER, OR BOTH 317
BEFORE AND AFTER THE HEARING. A PERSON WHO PRESENTS A POSITION 318
OR ARGUMENTS OR CONTENTIONS IN WRITING BEFORE OR AFTER THE 319
HEARING IS NOT REQUIRED TO APPEAR AT THE HEARING. 320
At the hearing, the testimony, rulings on the admissibility 322
of evidence, and proffers of evidence shall be recorded by 323
stenographic means. Such record shall be made at the expense of 324
the agency. THE AGENCY IS REQUIRED TO TRANSCRIBE A RECORD THAT 326
IS NOT SIGHT READABLE ONLY IF A PERSON REQUESTS TRANSCRIPTION OF 327
ALL OR PART OF THE RECORD AND AGREES TO REIMBURSE THE AGENCY FOR 328
THE COSTS OF THE TRANSCRIPTION. AN AGENCY MAY REQUIRE THE PERSON 329
TO PAY IN ADVANCE ALL OR PART OF THE COST OF THE TRANSCRIPTION. 331
In any hearing under this section the agency may administer 333
oaths or affirmations. 334
The agency shall pass upon the admissibility of evidence, 336
but the person affected may at the time make objection to the 337
ruling of the agency, and if the agency refuses to admit evidence 338
the person offering the evidence shall make a proffer of the 339
evidence, and the proffer shall be made a part of the record of 340
such hearing. 341
(D) After complying with divisions (A), (B), (C), and (H) 343
of this section, and when the time for legislative review and 344
invalidation under division (I) of this section has expired, the 345
agency may issue an order adopting the proposed rule or the 346
proposed amendment or rescission of the rule, consistent with the 347
synopsis or general statement included in the public notice. At 348
that time the agency shall designate the effective date of the 349
rule, amendment, or rescission, which shall not be earlier than 350
the tenth day after the rule, amendment, or rescission has been 351
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filed in its final form as provided in section 119.04 of the 352
Revised Code. 353
(E) Prior to the effective date of a rule, amendment, or 355
rescission, the agency shall make a reasonable effort to inform 356
those affected by the rule, amendment, or rescission and to have 357
available for distribution to those requesting it the full text 358
of the rule as adopted or as amended. 359
(F) If the governor, upon the request of an agency, 361
determines that an emergency requires the immediate adoption, 362
amendment, or rescission of a rule, he THE GOVERNOR shall issue a 364
written order, a copy of which shall be filed with the secretary 365
of state, the director of the legislative service commission, and 366
the joint committee on agency rule review, that the procedure 367
prescribed by this section with respect to the adoption, 368
amendment, or rescission of a specified rule is suspended. The 369
agency may then adopt immediately the emergency rule, amendment, 370
or rescission and it becomes effective on the date copies of the 371
rule, amendment, or rescission, in final form and in compliance 372
with division (A)(2) of section 119.04 of the Revised Code, are 373
filed as follows: two certified copies of the emergency rule, 374
amendment, or rescission shall be filed with both the secretary 375
of state and the director of the legislative service commission, 376
and one certified copy of the emergency rule, amendment, or 377
rescission shall be filed with the joint committee on agency rule 378
review. If all copies are not filed on the same day, the 379
emergency rule, amendment, or rescission shall be effective on 380
the day on which the latest filing is made. The THE DIRECTOR 381
SHALL PUBLISH THE FULL TEXT OF THE EMERGENCY RULE, AMENDMENT, OR 382
RESCISSION IN THE REGISTER OF OHIO. 383
THE emergency rule, amendment, or rescission shall become 386
invalid at the end of the ninetieth day it is in effect. Prior 387
to that date the agency may adopt the emergency rule, amendment, 388
or rescission as a nonemergency rule, amendment, or rescission by 389
complying with the procedure prescribed by this section for the 390
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adoption, amendment, and rescission of nonemergency rules. The 391
agency shall not use the procedure of this division to readopt 392
the emergency rule, amendment, or rescission so that, upon the 393
emergency rule, amendment, or rescission becoming invalid under 394
this division, the emergency rule, amendment, or rescission will 395
continue in effect without interruption for another ninety-day 396
period. This
THIS division does not apply to the adoption of any 398
emergency rule, amendment, or rescission by the tax commissioner 399
under division (C)(2) of section 5117.02 of the Revised Code. 400
(G) Rules adopted by an authority within the department of 402
taxation or the bureau of employment services shall be effective 403
without a hearing as provided by this section if the statutes 404
pertaining to such agency specifically give a right of appeal to 405
the board of tax appeals or to a higher authority within the 406
agency or to a court, and also give the appellant a right to a 407
hearing on such appeal. This division does not apply to the 408
adoption of any rule, amendment, or rescission by the tax 409
commissioner under division (C)(1) or (2) of section 5117.02 of 410
the Revised Code, or deny the right to file an action for 411
declaratory judgment as provided in Chapter 2721. of the Revised 412
Code from the decision of the board of tax appeals or of the 413
higher authority within such agency. 414
(H) When any agency files a proposed rule, amendment, or 416
rescission under division (B) of this section, it shall also file 417
with the joint committee on agency rule review two copies of the 418
full text of the proposed rule, amendment, or rule to be 419
rescinded in the same form and two copies of the public notice 420
required under division (A) of this section. (If in compliance 421
with this division an agency files more than one proposed rule, 422
amendment, or rescission at the same time, and has given a public 423
notice under division (A) of this section that applies to more 424
than one of the proposed rules, amendments, or rescissions, the 425
agency shall file only two copies of the notice with the joint 426
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committee for all of the proposed rules, amendments, or 427
rescissions to which the notice applies.) If the agency makes a 428
substantive revision in a proposed rule, amendment, or rescission 429
after it is filed with the joint committee, the agency shall 430
promptly file two copies of the full text of the proposed rule, 431
amendment, or rescission in its revised form with the joint 432
committee. The latest version of a proposed rule, amendment, or 433
rescission as filed with the joint committee supersedes each 434
earlier version of the text of the same proposed rule, amendment, 435
or rescission. An agency shall attach one copy of the rule 436
summary and fiscal analysis prepared under section 121.24 or 437
127.18 of the Revised Code, or both, to each copy of a proposed 438
rule, amendment, or rescission, and to each copy of a proposed 439
rule, amendment, or rescission in revised form, that is filed 440
under this division. 441
This division does not apply to: 443
(1) An emergency rule, amendment, or rescission; 445
(2) Any proposed rule, amendment, or rescission that must 447
be adopted verbatim by an agency pursuant to federal law or rule, 448
to become effective within sixty days of adoption, in order to 449
continue the operation of a federally reimbursed program in this 450
state, so long as the proposed rule contains both of the 451
following: 452
(a) A statement that it is proposed for the purpose of 454
complying with a federal law or rule; 455
(b) A citation to the federal law or rule that requires 457
verbatim compliance. 458
(I)(1) The joint committee on agency rule review may 460
recommend the adoption of a concurrent resolution invalidating a 461
proposed rule, amendment, rescission, or part thereof if it finds 462
any of the following: 463
(a) That the rule-making agency has exceeded the scope of 465
its statutory authority in proposing the rule, amendment, or 466
rescission; 467
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(b) That the proposed rule, amendment, or rescission 469
conflicts with another rule, amendment, or rescission adopted by 470
the same or a different rule-making agency; 471
(c) That the proposed rule, amendment, or rescission 473
conflicts with the legislative intent in enacting the statute 474
under which the rule-making agency proposed the rule, amendment, 475
or rescission; 476
(d) That the rule-making agency has failed to prepare a 478
complete and accurate rule summary and fiscal analysis of the 479
proposed rule, amendment, or rescission as required by section 480
121.24 or 127.18 of the Revised Code, or both. 481
THE JOINT COMMITTEE SHALL NOT HOLD ITS PUBLIC HEARING ON A 483
PROPOSED RULE, AMENDMENT, OR RESCISSION EARLIER THAN THE 484
FORTY-FIRST DAY AFTER THE ORIGINAL VERSION OF THE PROPOSED RULE, 485
AMENDMENT, OR RESCISSION WAS FILED WITH THE JOINT COMMITTEE. 486
The house of representatives and senate may adopt a 488
concurrent resolution invalidating a proposed rule, amendment, 489
rescission, or part thereof. The concurrent resolution shall 490
state which of the specific rules, amendments, rescissions, or 491
parts thereof are invalidated. A concurrent resolution 492
invalidating a proposed rule, amendment, or rescission shall be 493
adopted prior to NOT LATER THAN the sixtieth day after the 494
original version of the text of the proposed rule, amendment, or 496
rescission is filed with the joint committee, except that if more 497
than thirty days after the original version is filed the 498
rule-making agency either files a revised version of the text of 499
the proposed rule, amendment, or rescission, or revises the rule 500
summary and fiscal analysis in accordance with division (I)(4) of 501
this section, a concurrent resolution invalidating the proposed 502
rule, amendment, or rescission shall be adopted prior to NOT 503
LATER THAN the thirtieth day after the revised version of the 505
proposed rule or rule summary and fiscal analysis is filed. If, 506
after the joint committee on agency rule review recommends the 507
adoption of a concurrent resolution invalidating a proposed rule, 508
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amendment, rescission, or part thereof, the house of 509
representatives or senate does not, within the time remaining for 510
adoption of the concurrent resolution, hold five floor sessions 511
at which its journal records a roll call vote disclosing a 512
sufficient number of members in attendance to pass a bill, the 513
time within which that house may adopt the concurrent resolution 514
is extended until it has held five such floor sessions. 515
Within five days after the adoption of a concurrent 517
resolution invalidating a proposed rule, amendment, rescission, 518
or part thereof, the clerk of the senate shall send the 519
rule-making agency, the secretary of state, and the director of 520
the legislative service commission a certified copy of the 521
resolution together with a certification stating the date on 522
which the resolution takes effect. The secretary of state and 523
the director of the legislative service commission shall each 524
note the invalidity of the proposed rule, amendment, rescission, 525
or part thereof on his copy THEIR COPIES, and shall each remove 526
the invalid proposed rule, amendment, rescission, or part thereof 528
from the file of proposed rules. The rule-making agency shall 529
not proceed to adopt in accordance with division (D) of this 530
section, or to file in accordance with division (B)(1) of section 531
111.15 of the Revised Code, any version of a proposed rule, 532
amendment, rescission, or part thereof that has been invalidated 533
by concurrent resolution. 534
Unless the house of representatives and senate adopt a 536
concurrent resolution invalidating a proposed rule, amendment, 537
rescission, or part thereof within the time specified by this 538
division, the rule-making agency may proceed to adopt in 539
accordance with division (D) of this section, or to file in 540
accordance with division (B)(1) of section 111.15 of the Revised 541
Code, the latest version of the proposed rule, amendment, or 542
rescission as filed with the joint committee. If by concurrent 543
resolution certain of the rules, amendments, rescissions, or 544
parts thereof are specifically invalidated, the rule-making 545
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agency may proceed to adopt, in accordance with division (D) of 546
this section, or to file in accordance with division (B)(1) of 547
section 111.15 of the Revised Code, the latest version of the 548
proposed rules, amendments, rescissions, or parts thereof as 549
filed with the joint committee that are not specifically 550
invalidated. The rule-making agency may not revise or amend any 551
proposed rule, amendment, rescission, or part thereof that has 552
not been invalidated except as provided in this chapter or in 553
section 111.15 of the Revised Code. 554
(2)(a) A proposed rule, amendment, or rescission that is 556
filed with the joint committee under division (H) of this section 557
or division (D) of section 111.15 of the Revised Code shall be 558
carried over for legislative review to the next succeeding 559
regular session of the general assembly if the original or any 560
revised version of the proposed rule, amendment, or rescission is 561
filed with the joint committee on or after the first day of 562
December of any year. 563
(b) The latest version of any proposed rule, amendment, or 565
rescission that is subject to division (I)(2)(a) of this section, 566
as filed with the joint committee, is subject to legislative 567
review and invalidation in the next succeeding regular session of 568
the general assembly in the same manner as if it were the 569
original version of a proposed rule, amendment, or rescission 570
that had been filed with the joint committee for the first time 571
on the first day of the session. A rule-making agency shall not 572
adopt in accordance with division (D) of this section, or file in 573
accordance with division (B)(1) of section 111.15 of the Revised 574
Code, any version of a proposed rule, amendment, or rescission 575
that is subject to division (I)(2)(a) of this section until the 576
time for legislative review and invalidation, as contemplated by 577
division (I)(2)(b) of this section, has expired. 578
(3) Invalidation of any version of a proposed rule, 580
amendment, rescission, or part thereof by concurrent resolution 581
shall prevent the rule-making agency from instituting or 582
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continuing proceedings to adopt any version of the same proposed 583
rule, amendment, rescission, or part thereof for the duration of 584
the general assembly that invalidated the proposed rule, 585
amendment, rescission, or part thereof unless the same general 586
assembly adopts a concurrent resolution permitting the 587
rule-making agency to institute or continue such proceedings. 588
The failure of the general assembly to invalidate a 590
proposed rule, amendment, rescission, or part thereof under this 591
section shall not be construed as a ratification of the 592
lawfulness or reasonableness of the proposed rule, amendment, 593
rescission, or any part thereof or of the validity of the 594
procedure by which the proposed rule, amendment, rescission, or 595
any part thereof was proposed or adopted. 596
(4) In lieu of recommending a concurrent resolution to 598
invalidate a proposed rule, amendment, rescission, or part 599
thereof because the rule-making agency has failed to prepare a 600
complete and accurate fiscal analysis, the joint committee on 601
agency rule review may issue, on a one-time basis, for rules, 602
amendments, rescissions, or parts thereof that have a fiscal 603
effect on school districts, counties, townships, or municipal 604
corporations, a written finding that the rule summary and fiscal 605
analysis is incomplete or inaccurate and order the rule-making 606
agency to revise the rule summary and fiscal analysis and refile 607
it with the proposed rule, amendment, rescission, or part 608
thereof. If an emergency rule is filed as a nonemergency rule 609
before the end of the ninetieth day of the emergency rule's 610
effectiveness, and the joint committee issues a finding and 611
orders the rule-making agency to refile under division (I)(4) of 612
this section, the governor may also issue a written order stating 613
that the emergency rule shall remain in effect for an additional 614
sixty days after the ninetieth day of the emergency rule's 615
effectiveness. Copies of the governor's written orders shall be 616
filed in accordance with division (F) of this section. The joint 617
committee shall send the rule-making agency, the secretary of 618
16
state, and the director of the legislative service commission a 619
certified copy of the order to revise the rule summary and fiscal 620
analysis, which shall take immediate effect. 621
A written order issued under division (I)(4) of this 623
section shall prevent the rule-making agency from instituting or 624
continuing proceedings to adopt any version of the proposed rule, 625
amendment, rescission, or part thereof until the rule-making 626
agency revises the rule summary and fiscal analysis and refiles 627
it with the joint committee along with the proposed rule, 628
amendment, rescission, or part thereof. If the joint committee 629
finds the rule summary and fiscal analysis to be complete and 630
accurate, the joint committee shall issue a new written order 631
noting that the rule-making agency has revised and refiled a 632
complete and accurate rule summary and fiscal analysis. The 633
joint committee shall send the rule-making agency, the secretary 634
of state, and the director of the legislative service commission 635
a certified copy of this new order. The secretary of state and 636
the director of the legislative service commission shall each 637
attach this order to their copies of the proposed rule, 638
amendment, rescission, or part thereof. The rule-making agency 639
may then proceed to adopt in accordance with division (D) of this 640
section, or to file in accordance with division (B)(1) of section 641
111.15 of the Revised Code, the proposed rule, amendment, 642
rescission, or part thereof that was subject to the written 643
finding and order under division (I)(4) of this section. If the 644
joint committee determines that the revised rule summary and 645
fiscal analysis is still inaccurate or incomplete, the joint 646
committee shall recommend the adoption of a concurrent resolution 647
in accordance with division (I)(1) of this section. 648
Sec. 119.035. AN AGENCY MAY APPOINT AN ADVISORY COMMITTEE 651
TO ADVISE THE AGENCY CONCERNING ITS DEVELOPMENT OF A RULE, 652
AMENDMENT, OR RESCISSION, AND MAY OTHERWISE CONSULT WITH PERSONS 653
REPRESENTING INTERESTS THAT WOULD BE AFFECTED BY THE RULE, 654
AMENDMENT, OR RESCISSION WERE IT ACTUALLY TO BE PROPOSED AND 655
17
ADOPTED. UPON AN AGENCY'S REQUEST, THE EXECUTIVE DIRECTOR OR 656
ANOTHER OFFICER OR EMPLOYEE OF THE OHIO COMMISSION ON DISPUTE 657
RESOLUTION AND CONFLICT MANAGEMENT MAY SERVE AS A GROUP 658
FACILITATOR FOR, BUT NOT AS A MEMBER OF, SUCH AN ADVISORY 659
COMMITTEE. 660
Sec. 119.037. UNLESS EXPLICITLY PROVIDED OTHERWISE BY 663
STATUTE, IF A DOCUMENT IS REQUIRED BY STATUTE TO BE PUBLISHED IN 664
THE REGISTER OF OHIO, ITS PUBLICATION IN THE REGISTER IS 666
SUFFICIENT TO GIVE NOTICE OF THE CONTENT OF THE DOCUMENT TO A 667
PERSON WHO IS SUBJECT TO OR AFFECTED BY THE CONTENT. UNTIL THE 668
DOCUMENT IS SO PUBLISHED, ITS CONTENT IS NOT VALID AGAINST A 669
PERSON WHO DOES NOT HAVE ACTUAL KNOWLEDGE OF THE CONTENT. 670
Sec. 119.038. AN AGENCY SHALL PROVIDE THE DIRECTOR OF THE 673
LEGISLATIVE SERVICE COMMISSION WITH ASSISTANCE THAT IS WITHIN THE 674
AGENCY'S COMPETENCE AND THAT THE DIRECTOR REQUESTS WITH RESPECT 675
TO ELECTRONIC PUBLICATION OF THE REGISTER OF OHIO. 676
Sec. 119.039. AN AGENCY BY MEANS OF AN INTRASTATE TRANSFER 679
VOUCHER SHALL PAY TO THE DIRECTOR OF THE LEGISLATIVE SERVICE 680
COMMISSION THE AMOUNT THE DIRECTOR SEEKS AS REIMBURSEMENT FROM 681
THE AGENCY FOR THE ACTUAL COSTS OF PUBLISHING THE AGENCY'S 682
DOCUMENTS IN THE REGISTER OF OHIO. 683
Sec. 119.0311. EACH AGENCY SHALL PREPARE AND PUBLISH, AND 686
AS IT BECOMES NECESSARY OR ADVISABLE, REVISE AND REPUBLISH, A 687
GUIDE TO ITS RULE-MAKING PROCESS THAT FUNCTIONS GENERALLY TO 688
ASSIST MEMBERS OF THE PUBLIC WHO PARTICIPATE, OR WHO MAY WISH TO 689
PARTICIPATE, IN THE AGENCY'S RULE-MAKING. THE AGENCY'S GUIDE IS 690
TO INCLUDE: 691
(A) A STATEMENT OF THE AGENCY'S REGULATORY MISSION; 694
(B) A DESCRIPTION OF HOW THE AGENCY IS ORGANIZED TO 697
ACHIEVE ITS REGULATORY MISSION;
(C) AN EXPLANATION OF RULE-MAKING THE AGENCY IS AUTHORIZED 700
OR REQUIRED TO ENGAGE IN TO ACHIEVE ITS REGULATORY MISSION; 701
(D) AN EXPLANATION OF THE AGENCY'S RULE-MAKING PROCESS; 704
(E) AN INDICATION OF THE POINTS IN THE AGENCY'S 707
18
RULE-MAKING PROCESS AT WHICH MEMBERS OF THE PUBLIC CAN 708
PARTICIPATE;
(F) AN EXPLANATION OF HOW MEMBERS OF THE PUBLIC CAN 711
PARTICIPATE IN THE AGENCY'S RULE-MAKING PROCESS AT EACH INDICATED 712
POINT OF PARTICIPATION; AND 713
(G) OTHER INFORMATION THE AGENCY REASONABLY CONCLUDES WILL 716
ASSIST MEMBERS OF THE PUBLIC MEANINGFULLY TO PARTICIPATE IN THE 717
AGENCY'S RULE-MAKING. 718
AN AGENCY'S GUIDE IS NOT TO BE ADOPTED AS A RULE, BUT 720
RATHER AS A NARRATIVE EXPLANATION OF THE MATTERS OUTLINED IN THIS 722
SECTION. AN AGENCY'S FAILURE TO CONFORM ITS RULE-MAKING PROCESS 723
TO ITS GUIDE IS NOT CAUSE FOR INVALIDATING A RULE, AMENDMENT, OR 724
RESCISSION ADOPTED BY THE AGENCY.
THE AGENCY SHALL PUBLISH OR REPUBLISH ITS GUIDE BOTH IN THE 728
REGISTER OF OHIO AND AS A PRINTED PAMPHLET.
THE AGENCY SHALL SUBMIT A COPY OF ITS GUIDE, IN PAMPHLET OR 730
PREFERABLY IN ELECTRONIC FORM, TO THE DIRECTOR OF THE LEGISLATIVE 731
SERVICE COMMISSION. THE DIRECTOR THEREUPON SHALL PUBLISH THE 732
AGENCY'S GUIDE IN THE REGISTER OF OHIO. 733
THE AGENCY SHALL PROVIDE A COPY OF ITS PAMPHLET GUIDE TO 735
ANY PERSON UPON REQUEST. THE AGENCY MAY CHARGE THE PERSON A FEE 736
FOR THIS SERVICE, BUT THE FEE IS NOT TO EXCEED THE PER COPY COST 737
OF PRODUCING THE PAMPHLET GUIDE AND THE ACTUAL COST OF DELIVERING 738
IT TO THE PERSON. 739
Section 2. That existing sections 101.35 and 119.03 of the 741
Revised Code are hereby repealed. 742
Section 3. Sections 103.051, 103.052, 103.053, 103.054, 744
119.038, and 119.039 of the Revised Code take effect July 1, 745
1999. Beginning July 1, 1999, the Director of the Legislative 746
Service Commission shall proceed to set up the Register of Ohio 747
for publication. The director shall first publish the Register 748
of Ohio on April 3, 2000. 749
Section 4. The amendments to divisions (A) and (B) of 751
section 119.03 of the Revised Code, except for the amendments to 752
19
division (A)(4) of section 119.03 of the Revised Code, take 753
effect April 1, 2000. The requirement that public notices, 754
original and revised versions of proposed rules, and rule summary 756
and fiscal analyses be published in the Register of Ohio apply 757
both (A) to filings of these documents that occur on or after 758
April 1, 2000, in the course of rule-making proceedings that are 759
pending on that date and (B) to filings of these documents in 760
rule-making proceedings that are commenced on or after April 1, 761
2000.
Section 5. On and after April 1, 2000, until January 1, 763
2001, an agency's giving public notice of its intention to 764
consider adopting, amending, or rescinding a rule in the Register 766
of Ohio under division (A) of section 119.03 of the Revised Code 767
is not sufficient by itself to give public notice of the agency's 768
intention. Therefore, on and after April 1, 2000, until January 769
1, 2001, an agency, in addition to giving public notice in the 770
Register of Ohio, shall continue to give public notice of its 771
intention to consider adopting, amending, or rescinding a rule in 772
the same manner as it gave public notice under division (A) of 773
section 119.03 of the Revised Code as the division existed before 774
April 1, 2000. On and after January 1, 2001, an agency's giving 775
public notice in the Register of Ohio is sufficient by itself to 776
give public notice.
Section 6. Section 119.037 of the Revised Code takes 778
effect January 1, 2001. 779
Section 7. Sections 3 to 6 of this act are intended 781
gradually to phase in the Register of Ohio as a single source of 782
public information about rule-making proceedings. 783
Section 8. The amendments to divisions (A)(4), (C), and 785
(I) of section 119.03 of the Revised Code take effect at the 786
earliest time permitted by law and first apply to rule-making 787
proceedings that are commenced on or after that effective date. 788
The amendments do not affect a rule-making proceeding that is 789
pending on their effective date; the proceeding is to be carried 790
20
through to completion under divisions (A)(4), (C), and (I) of 791
section 119.03 of the Revised Code as the divisions existed at 792
the time the proceeding was commenced. 793
Section 9. (A) Sections 103.051 to 103.054 and 119.037, 795
119.038, and 119.039 of the Revised Code are to be known as "The 796
Register of Ohio Act." 797
(B) Section 119.037 of the Revised Code is to be known as 799
the "Guide to Public Participation in Rule-Making Act." 800