As Reported by the Senate State and Local Government 1
and Veterans Affairs Committee 2
123rd General Assembly 5
Regular Session Sub. S. B. No. 11 6
1999-2000 7
SENATORS KEARNS-CARNES-DiDONATO-BLESSING-CUPP-DRAKE-McLIN- 9
OELSLAGER-SCHAFRATH-WACHTMANN-LATELL-FURNEY-GARDNER 10
_________________________________________________________________ 12
A B I L L
To amend sections 101.35, 103.05, 103.13, 111.15, 14
119.03, and 119.032 and to enact sections 16
103.051, 103.052, 103.053, 103.054, 103.0511,
119.035, 119.037, 119.038, 119.039, and 119.0311 18
of the Revised Code and to repeal Section 154 of
Am. Sub. H.B. 215 of the 122nd General Assembly 19
to improve opportunities for public participation 21
in the rule-making process by enhancing the
ability of the Joint Committee on Agency Rule 22
Review to achieve a quorum, modifying the 23
timeframe for legislative review of proposed
rules, authorizing the Joint Committee and its 24
staff to attend agency rule-making hearings, 25
requiring agency rule-making hearings to be held 26
before Joint Committee hearings, clarifying that 27
rules that are exempt from legislative review 28
because of federal requirements are subject to 29
legislative review if the federal requirement 30
ends, clarifying that rule-making hearings are 32
legislative in form, authorizing public comment 33
before and after rule-making hearings, providing
for rule-making hearings to be recorded other 34
than stenographically, authorizing use of 35
advisory committees in the development of rules, 36
requiring publication of a Register of Ohio, and 37
requiring agencies to prepare guides for public 39
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participation in rule-making; to modify the
conditions under which compensation is paid to 40
members of the Joint Committee on Agency Rule
Review; to amend sections 103.05, 111.15, 117.20, 43
119.03, 119.031, 119.032, 119.0311, 119.04,
121.24, 121.39, 127.18, 4141.14, 5117.02, and 44
5703.14 of the Revised Code on January 1, 2001, 46
to provide a transition to electronic filing of
rules and related documents; and to amend 47
sections 103.05, 111.15, 117.20, 119.03, 119.031,
119.032, 119.0311, 119.04, 121.24, 121.39, 48
127.18, 4141.14, 5117.02, and 5703.14 and to 49
enact section 103.0512 of the Revised Code on
January 1, 2002, to provide for rules and related 51
documents to be filed exclusively in electronic
form.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 53
Section 1. That sections 101.35, 103.05, 103.13, 111.15, 55
119.03, and 119.032 be amended and sections 103.051, 103.052, 58
103.053, 103.054, 103.0511, 119.035, 119.037, 119.038, 119.039, 60
and 119.0311 of the Revised Code be enacted to read as follows: 61
Sec. 101.35. There is hereby created in the general 70
assembly the joint committee on agency rule review. The 71
committee shall consist of five members of the house of 73
representatives and five members of the senate. Within fifteen 75
days after the commencement of the first regular session of each 76
general assembly, the speaker of the house of representatives 77
shall appoint the members of the committee from the house of 78
representatives, and the president of the senate shall appoint 80
the members of the committee from the senate. Not more than 82
three of the members from each house shall be of the same 84
political party. In the first regular session of a general 85
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assembly, the chairperson of the committee shall be appointed by 86
the speaker of the house from among the house members of the 87
committee, and the vice-chairperson shall be appointed by the 89
president of the senate from among the senate members of the 90
committee. In the second regular session of a general assembly, 91
the chairperson shall be appointed by the president of the senate 92
from among the senate members of the committee, and the 94
vice-chairperson shall be appointed by the speaker of the house 95
from among the house members of the committee. The chairperson, 96
vice-chairperson, and members of the committee shall serve until 98
their respective successors are appointed or until they are no 99
longer members of the general assembly. When a vacancy occurs 100
among the officers or members of the committee, it shall be 102
filled in the same manner as the original appointment. 103
Notwithstanding section 101.26 of the Revised Code, the 105
members, when engaged in their duties as members of the committee 107
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 109
the per diem rate of one hundred fifty dollars, and their 111
necessary traveling expenses, which shall be paid from the funds 112
appropriated for the payment of expenses of legislative 113
committees.
The committee has the same powers as other standing or 115
select committees of the general assembly. Six members 116
constitute a quorum, and the concurrence of six members is 117
required for the recommendation of a concurrent resolution 118
invalidating a proposed or effective rule, amendment, rescission, 119
or part thereof, or for the suspension of a rule, amendment, 120
rescission, or part thereof, under division (I) of section 119.03 121
or section 119.031 of the Revised Code. 122
WHEN A MEMBER OF THE COMMITTEE IS ABSENT, THE PRESIDENT OR 124
SPEAKER, AS THE CASE MAY BE, MAY DESIGNATE A SUBSTITUTE FROM THE 125
SAME HOUSE AND POLITICAL PARTY AS THE ABSENT MEMBER. THE 126
SUBSTITUTE SHALL SERVE ON THE COMMITTEE IN THE MEMBER'S ABSENCE, 127
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AND IS ENTITLED TO PERFORM THE DUTIES OF A MEMBER OF THE 128
COMMITTEE. FOR SERVING ON THE COMMITTEE, THE SUBSTITUTE SHALL BE 129
PAID THE SAME PER DIEM AND NECESSARY TRAVELING EXPENSES AS THE
SUBSTITUTE WOULD BE ENTITLED TO RECEIVE IF THE SUBSTITUTE WERE A 130
MEMBER OF THE COMMITTEE.
THE PRESIDENT OR SPEAKER SHALL INFORM THE EXECUTIVE 132
DIRECTOR OF THE COMMITTEE OF A SUBSTITUTION. IF THE EXECUTIVE 133
DIRECTOR LEARNS OF A SUBSTITUTION SUFFICIENTLY IN ADVANCE OF THE 134
MEETING OF THE COMMITTEE THE SUBSTITUTE IS TO ATTEND, THE 135
EXECUTIVE DIRECTOR SHALL PUBLISH NOTICE OF THE SUBSTITUTION ON 136
THE INTERNET, MAKE REASONABLE EFFORT TO INFORM OF THE 137
SUBSTITUTION PERSONS WHO ARE KNOWN TO THE EXECUTIVE DIRECTOR TO 138
BE INTERESTED IN RULES THAT ARE SCHEDULED FOR REVIEW AT THE 139
MEETING, AND INFORM OF THE SUBSTITUTION PERSONS WHO INQUIRE OF 140
THE EXECUTIVE DIRECTOR CONCERNING THE MEETING. 141
The committee may meet during periods in which the general 143
assembly has adjourned. At meetings of the committee, the 144
committee may request a rule-making agency, as defined in section 145
119.01 of the Revised Code, to provide information relative to 146
the agency's implementation of its statutory authority. 147
A MEMBER OF THE COMMITTEE, AND THE EXECUTIVE DIRECTOR AND 149
STAFF OF THE COMMITTEE, ARE ENTITLED IN THEIR OFFICIAL CAPACITIES 151
TO ATTEND, BUT NOT IN THEIR OFFICIAL CAPACITIES TO PARTICIPATE 152
IN, A PUBLIC HEARING CONDUCTED BY A RULE-MAKING AGENCY ON A 153
PROPOSED RULE, AMENDMENT, OR RESCISSION.
Sec. 103.05. (A) The director of the legislative service 162
commission shall be the codifier of the rules of the 163
administrative agencies of the state. When a rule is filed under 164
section 111.15, 119.04, 4141.14, or 5703.14 of the Revised Code, 165
the director or the director's designee shall examine the rule. 167
If the rule is not numbered or if the numbering of the rule is 168
not in conformity with the system established by the director, 169
the director shall give the rule its proper number by designating 170
the proper number on the left hand margin of the rule. The 171
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number shall be the official administrative code number of the 172
rule. Any number so assigned shall be published in any 173
publication of the administrative code. Rules of the 174
administrative code shall be cited and referred to by such 175
official numbers.
The legislative service commission shall, pursuant to 177
section 111.15 of the Revised Code, adopt, amend, and rescind any 178
rules that are necessary to provide a uniform administrative 180
code,; to provide standards for use by the director in
determining whether to include in the administrative code the 182
full text of, or a reference to, any rule filed with the 183
commission, and; to permit the director to discharge the 184
director's duties and exercise the director's powers as described 186
in this section; AND TO PERMIT THE DIRECTOR TO DISCHARGE THE 187
DIRECTOR'S DUTIES AND EXERCISE THE DIRECTOR'S POWERS WITH RESPECT 188
TO ESTABLISHING AND MAINTAINING, AND ENHANCING AND IMPROVING, THE 189
ELECTRONIC RULE-FILING SYSTEM UNDER SECTION 103.0511 OF THE 190
REVISED CODE. 191
When the commission adopts rules to provide standards for 193
use by the director in determining whether to include the full 194
text of, or a reference to, a rule in the administrative code, it 195
shall consider all of the following: 196
(1) Whether the rule applies uniformly to all citizens of 198
the state; 199
(2) Whether the rule applies uniformly to all political 201
subdivisions of the state; 202
(3) Whether the rule affects the health, welfare, and 204
safety of the citizens of the state; 205
(4) Whether the rule applies only to the internal affairs 207
of the agency adopting the rule; 208
(5) The number of persons affected by the rule; 210
(6) Whether the rule affects the statutory or 212
constitutional rights of any person. 213
The director or the director's designee shall accept any 215
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rule that is filed under section 111.15, 119.04, 4141.14, or 217
5703.14 of the Revised Code. If the director or the director's 218
designee accepts a rule that is not in compliance with the rules 219
of the commission, the director shall give written notice of the 220
noncompliance to the agency that filed the rule within thirty 221
days after the date on which the rule is filed. The notice shall 222
indicate why the rule does not comply with the rules of the 223
commission and how the rule can be brought into compliance. The 224
failure of the director to give an agency notice within the 225
thirty-day period shall presumptively establish that the rule 226
complies with the rules of the commission. 227
(B) The director shall approve as acceptable any 229
publication of the code conforming to the requirements of this 230
division.
An Ohio administrative code approved as acceptable by the 233
director shall:
(1) Contain a compilation of the full text of, or a 235
reference to, each rule filed under sections 111.15, 119.04, 236
4141.14, and 5703.14 of the Revised Code; 237
(2) Presumptively establish the rules of all agencies 239
adopting rules under section 111.15, 4141.14, 5703.14, or Chapter 240
119. of the Revised Code that are in effect on the day of its 241
initial publication; 242
(3) Contain the full text of, or a reference to, each rule 245
adopted after its initial publication and be updated at least 246
quarterly;
(4) Contain an index of the rules and references to rules 248
that are included in the code and each supplement using terms 249
easily understood by the general public; 250
(5) Be published in electronic or print format following, 253
to the extent possible, the subject matter arrangement of the 255
Revised Code; 256
(6) Be numbered according to the numbering system devised 258
by the director. 259
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(C) If the director does not approve as acceptable any 261
publication of the administrative code, the director, subject to 262
division (D) of this section, may prepare and publish the code, 264
or contract with any person under this division to prepare and 266
publish the code. Any code published under this division shall 267
include all of the requirements of division (B) of this section. 268
In addition, the director shall furnish any code or supplement 269
published under this division to any person who requests the code 271
or supplement upon payment of a charge established by the 272
director, not to exceed the cost of preparation and publication. 273
Upon the request of the director of the legislative service 275
commission under this division, the director of administrative 276
services, in accordance with the competitive selection procedure 277
of Chapter 125. of the Revised Code, shall let a contract for the 278
compilation, preparation, and printing or publication of the 279
administrative code and supplements. 280
(D) The director shall not prepare and publish the 282
administrative code in a print mode or any other mode under 283
division (B) or (C) of this section unless no other person is 284
willing and qualified to publish a version of the code in that 285
mode that the director has approved as acceptable. 286
Sec. 103.051. THE "REGISTER OF OHIO" IS AN ELECTRONIC 290
PUBLICATION THAT FUNCTIONS AS A GAZETTE TO WHICH MEMBERS OF THE 291
PUBLIC MAY READILY RESORT FOR NOTICE OF AND INFORMATION ABOUT 292
RULE-MAKING PROCESSES. THE DIRECTOR OF THE LEGISLATIVE SERVICE 293
COMMISSION SHALL PUBLISH THE REGISTER. THE REGISTER IS TO 294
INCLUDE ALL RULE-MAKING DOCUMENTS THAT ARE REQUIRED BY STATUTE TO 296
BE PUBLISHED IN THE REGISTER. THE DIRECTOR SHALL DISPLAY THE
REGISTER FREE OF CHARGE ON THE INTERNET, AND SHALL ENSURE THAT 297
PRINTED COPIES OF ALL OR PART OF A DOCUMENT PUBLISHED IN THE 298
REGISTER CAN BE EASILY PRODUCED BY USERS OF THE INTERNET. 299
THE DIRECTOR, TAKING INTO CONSIDERATION THE PUBLIC NOTICE 301
AND INFORMATION FUNCTIONS PERFORMED BY THE REGISTER, SHALL UPDATE 303
THE REGISTER AT REASONABLE INTERVALS, BUT NOT LESS OFTEN THAN
8
WEEKLY. THE DIRECTOR SHALL ESTABLISH A REASONABLE DEADLINE 305
BEFORE EACH UPDATING. A DOCUMENT RECEIVED BY THE DIRECTOR ON OR 306
BEFORE A DEADLINE IS TO BE PUBLISHED IN THE REGISTER UPON THE 307
REGISTER'S NEXT UPDATING. THE DIRECTOR SHALL PURGE A DOCUMENT 308
FROM THE REGISTER WHEN ITS DISPLAY NO LONGER SERVES THE PUBLIC 309
NOTICE AND INFORMATION FUNCTIONS PERFORMED BY THE REGISTER. 310
THE DIRECTOR UPON REQUEST OF ANY PERSON SHALL PROVIDE THE 312
PERSON WITH A PRINTED COPY OF ALL OR PART OF A DOCUMENT PUBLISHED 314
IN THE REGISTER. THE DIRECTOR MAY CHARGE AND COLLECT A FEE FOR 315
THIS SERVICE. ANY SUCH FEE IS NOT TO EXCEED THE ACTUAL COST OF 316
PRINTING AND DELIVERING THE PRINTED COPY TO THE PERSON REQUESTING 317
IT. THE DIRECTOR SHALL DEPOSIT THE FEES INTO THE STATE TREASURY 318
TO THE CREDIT OF THE REGISTER OF OHIO FUND. 319
Sec. 103.052. THE DIRECTOR OF THE LEGISLATIVE SERVICE 322
COMMISSION MAY REQUEST AN AGENCY TO PROVIDE THE DIRECTOR WITH 323
ASSISTANCE THAT IS WITHIN THE AGENCY'S COMPETENCE AND THAT IS 324
REASONABLY NECESSARY TO ENSURE THE DIRECTOR'S SUCCESSFUL, 325
EFFICIENT, AND TIMELY ELECTRONIC PUBLICATION OF THE REGISTER OF 327
OHIO.
Sec. 103.053. TO RECOVER A PORTION OF THE COST OF 330
PUBLISHING THE REGISTER OF OHIO, THE DIRECTOR OF THE LEGISLATIVE 332
SERVICE COMMISSION MAY SEEK REIMBURSEMENT FROM AN AGENCY OF 333
ACTUAL COSTS THE DIRECTOR INCURS IN PUBLISHING THE AGENCY'S 334
DOCUMENTS IN THE REGISTER. THE AMOUNT SOUGHT FOR REIMBURSEMENT 335
IS TO BE AN AMOUNT PROPORTIONAL TO THE INTERNET SPACE ALLOCATED 336
TO THE AGENCY FOR PUBLISHING THE AGENCY'S DOCUMENTS IN THE 337
REGISTER, AND IS TO BE REDUCED BY THE VALUE OF ASSISTANCE THE 338
AGENCY HAS PROVIDED TO THE DIRECTOR WITH RESPECT TO PUBLICATION 339
OF THE REGISTER. THE DIRECTOR SHALL DEPOSIT REIMBURSEMENTS INTO 340
THE STATE TREASURY TO THE CREDIT OF THE REGISTER OF OHIO FUND. 341
Sec. 103.054. THE REGISTER OF OHIO FUND IS HEREBY CREATED 344
IN THE STATE TREASURY. THE DIRECTOR OF THE LEGISLATIVE SERVICE 345
COMMISSION SHALL USE MONEY IN THE FUND TO DEFRAY COSTS OF 346
PUBLISHING THE REGISTER OF OHIO. INVESTMENT EARNINGS OF THE FUND 349
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ARE TO BE CREDITED TO THE FUND.
Sec. 103.0511. THE DIRECTOR OF THE LEGISLATIVE SERVICE 351
COMMISSION SHALL ESTABLISH AND MAINTAIN, AND ENHANCE AND IMPROVE, 352
AN ELECTRONIC RULE-FILING SYSTEM CONNECTING: 353
(A) THE LEGISLATIVE SERVICE COMMISSION, THE JOINT 356
COMMITTEE ON AGENCY RULE REVIEW, THE SECRETARY OF STATE, AND THE
OFFICE OF SMALL BUSINESS; 357
(B) THE GOVERNOR, THE SENATE AND HOUSE OF REPRESENTATIVES, 360
AND THE CLERKS OF THE SENATE AND HOUSE OF REPRESENTATIVES; 361
(C) EACH AGENCY THAT FILES RULES AND OTHER RULE-MAKING AND 364
RULE-RELATED DOCUMENTS WITH THE LEGISLATIVE SERVICE COMMISSION, 365
THE JOINT COMMITTEE ON AGENCY RULE REVIEW, THE GOVERNOR, THE
SECRETARY OF STATE, THE OFFICE OF SMALL BUSINESS, THE GENERAL 366
ASSEMBLY, OR A COMMITTEE OF THE SENATE OR HOUSE OF 367
REPRESENTATIVES UNDER SECTION 111.15, 117.20, 119.03, 119.031, 368
119.032, 119.0311, 119.04, 121.24, 121.39, 127.18, 4141.14, 369
5117.02, OR 5703.14 OF THE REVISED CODE OR ANY OTHER STATUTE; 370
(D) THE SEVERAL PUBLISHERS OF THE ADMINISTRATIVE CODE; AND 374
(E) ANY OTHER PERSON OR GOVERNMENTAL OFFICER OR ENTITY 377
WHOSE INCLUSION IN THE SYSTEM IS REQUIRED FOR THE SYSTEM TO BE A 378
COMPLETE ELECTRONIC RULE-FILING SYSTEM.
THE ELECTRONIC RULE-FILING SYSTEM IS TO ENABLE RULES AND 380
RULE-MAKING AND RULE-RELATED DOCUMENTS TO BE FILED, AND OFFICIAL 381
RESPONSES TO THESE FILINGS TO BE MADE, EXCLUSIVELY BY ELECTRONIC 382
MEANS.
Sec. 103.13. The Ohio legislative service commission 391
shall: 392
(A) Conduct research, make investigations, and secure 394
information or data on any subject and make reports thereon to 395
the general assembly; 396
(B) Ascertain facts and make reports concerning the state 398
budget, the revenues and expenditures of the state, and of the 399
organization and functions of the state, its departments, 400
subdivisions, and agencies; 401
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(C) Make surveys, investigations, and studies, and compile 403
data, information, and records on any question which may be 404
referred to it by either house of the general assembly or any 405
standing committee of the general assembly; 406
(D) Assist and cooperate with any interim legislative 408
committee or other agency created by the general assembly; 409
(E) Prepare or advise in the preparation of any bill or 411
resolution, when requested by any member of the general assembly; 412
(F) Collect, classify, and index the documents of the 414
state which shall include executive and legislative documents and 415
departmental reports and keep on file all bills, resolutions, and 416
official journals printed by order of either house of the general 417
assembly; 418
(G) Provide members of the general assembly with impartial 420
and accurate information and reports concerning legislative 421
problems in accordance with rules prescribed by the commission; 422
(H) Annually collect the reports required by section 424
4743.01 of the Revised Code and prepare a report evaluating the 425
extent to which state boards and commissions which regulate 426
occupations are financially self-supporting. The report shall be 427
presented to the speaker and the minority leader of the house of 428
representatives, the president and the minority leader of the 429
senate, and the chairman CHAIRPERSON and ranking minority member 430
of the finance committees of both houses, on or before the 432
thirty-first day of December each year. 433
(I) Codify the rules of administrative agencies of the 435
state in accordance with the provisions of section 103.05 of the 436
Revised Code; 437
(J) PUBLISH THE REGISTER OF OHIO UNDER SECTION 103.051 OF 440
THE REVISED CODE;
(K) OPERATE THE ELECTRONIC RULE-FILING SYSTEM UNDER 443
SECTION 103.0511 OF THE REVISED CODE. 444
Sec. 111.15. (A) As used in this section: 453
(1) "Rule" includes any rule, regulation, bylaw, or 455
11
standard having a general and uniform operation adopted by an 456
agency under the authority of the laws governing the agency; any 457
appendix to a rule; and any internal management rule. "Rule" 458
does not include any guideline adopted pursuant to section 459
3301.0714 of the Revised Code, any order respecting the duties of 460
employees, any finding, any determination of a question of law or 461
fact in a matter presented to an agency, or any rule promulgated 462
pursuant to Chapter 119., section 4141.14, division (C)(1) or (2) 463
of section 5117.02, or section 5703.14 of the Revised Code. 464
"Rule" includes any amendment or rescission of a rule. 465
(2) "Agency" means any governmental entity of the state 467
and includes, but is not limited to, any board, department, 468
division, commission, bureau, society, council, institution, 469
state college or university, community college district, 470
technical college district, or state community college. "Agency" 471
does not include the general assembly, the controlling board, the 473
adjutant general's department, or any court. 474
(3) "Internal management rule" means any rule, regulation, 476
bylaw, or standard governing the day-to-day staff procedures and 477
operations within an agency. 478
(4) "Substantive revision" has the same meaning as in 480
division (J) of section 119.01 of the Revised Code. 481
(B)(1) Any rule, other than a rule of an emergency nature, 483
adopted by any agency pursuant to this section shall be effective 484
on the tenth day after the day on which the rule in final form 485
and in compliance with division (B)(3) of this section is filed 486
as follows: 487
(a) Two certified copies of the rule shall be filed with 489
both the secretary of state and the director of the legislative 490
service commission; 491
(b) Two certified copies of the rule shall be filed with 493
the joint committee on agency rule review. Division (B)(1)(b) of 494
this section does not apply to any rule to which division (D) of 495
this section does not apply. 496
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An agency that adopts or amends a rule that is subject to 498
division (D) of this section shall assign a review date to the 500
rule that is not later than five years after its effective date.
If no review date is assigned to a rule, or if a review date 501
assigned to a rule exceeds the five-year maximum, the review date 502
for the rule is five years after its effective date. A rule with 503
a review date is subject to review under section 119.032 of the 504
Revised Code. This paragraph does not apply to a rule of a state 506
college or university, community college district, technical
college district, or state community college. 507
If all copies are not filed on the same day, the rule shall 509
be effective on the tenth day after the day on which the latest 510
filing is made. If an agency in adopting a rule designates an 511
effective date that is later than the effective date provided for 512
by division (B)(1) of this section, the rule if filed as required 513
by such division shall become effective on the later date 514
designated by the agency. 515
Any rule that is required to be filed under division (B)(1) 517
of this section is also subject to division (D) of this section 518
if not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), 520
or (8) of this section.
(2) A rule of an emergency nature necessary for the 522
immediate preservation of the public peace, health, or safety 523
shall state the reasons for the necessity. Copies of the 524
emergency rule, in final form and in compliance with division 525
(B)(3) of this section, shall be filed as follows: two certified 526
copies of the emergency rule shall be filed with both the 527
secretary of state and the director of the legislative service 528
commission, and one certified copy of the emergency rule shall be 529
filed with the joint committee on agency rule review. The 530
emergency rule is effective immediately upon the latest filing, 531
except that if the agency in adopting the emergency rule 532
designates an effective date, or date and time of day, that is 533
later than the effective date and time provided for by division 534
13
(B)(2) of this section, the emergency rule if filed as required 535
by such division shall become effective at the later date, or 536
later date and time of day, designated by the agency. 537
An emergency rule becomes invalid at the end of the 539
ninetieth day it is in effect. Prior to that date, the agency 540
may file the emergency rule as a nonemergency rule in compliance 541
with division (B)(1) of this section. The agency may not refile 542
the emergency rule in compliance with division (B)(2) of this 543
section so that, upon the emergency rule becoming invalid under 544
such division, the emergency rule will continue in effect without 545
interruption for another ninety-day period. 546
(3) An agency shall file a rule under division (B)(1) or 548
(2) of this section in compliance with the following standards 549
and procedures: 550
(a) The rule shall be numbered in accordance with the 552
numbering system devised by the director for the Ohio 553
administrative code. 554
(b) The rule shall be prepared and submitted in compliance 556
with the rules of the legislative service commission. 557
(c) The rule shall clearly state the date on which it is 559
to be effective and the date on which it will expire, if known. 560
(d) Each rule that amends or rescinds another rule shall 562
clearly refer to the rule that is amended or rescinded. Each 563
amendment shall fully restate the rule as amended. 564
If the director of the legislative service commission or 566
the director's designee gives an agency written notice pursuant 568
to section 103.05 of the Revised Code that a rule filed by the 569
agency is not in compliance with the rules of the legislative 570
service commission, the agency shall within thirty days after 571
receipt of the notice conform the rule to the rules of the 572
commission as directed in the notice. 573
(C) All rules filed pursuant to divisions (B)(1)(a) and 575
(2) of this section shall be recorded by the secretary of state 576
and the director under the title of the agency adopting the rule 577
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and shall be numbered according to the numbering system devised 578
by the director. The secretary of state and the director shall 579
preserve the rules in an accessible manner. Each such rule shall 580
be a public record open to public inspection and may be lent to 581
any law publishing company that wishes to reproduce it. 582
(D) At least sixty SIXTY-FIVE days before a board, 584
commission, department, division, or bureau of the government of 585
the state files a rule under division (B)(1) of this section, it 586
shall file two copies of the full text of the proposed rule with 587
the joint committee on agency rule review, and the proposed rule 589
is subject to legislative review and invalidation under division 591
(I) of section 119.03 of the Revised Code. If a state board, 592
commission, department, division, or bureau makes a substantive 593
revision in a proposed rule after it is filed with the joint 594
committee, the state board, commission, department, division, or 596
bureau shall promptly file two copies of the full text of the 598
proposed rule in its revised form with the joint committee. The 599
latest version of a proposed rule as filed with the joint 600
committee supersedes each earlier version of the text of the same 602
proposed rule. Except as provided in division (F) of this 603
section, a state board, commission, department, division, or 604
bureau shall attach one copy of the rule summary and fiscal 605
analysis prepared under section 121.24 or 127.18 of the Revised 606
Code, or both, to each copy of a proposed rule, and to each copy 607
of a proposed rule in revised form, that is filed under this 608
division. 609
As used in this division, "commission" includes the public 611
utilities commission when adopting rules under a federal or state 612
statute.
This division does not apply to any of the following: 614
(1) A proposed rule of an emergency nature; 616
(2) A rule proposed under section 1121.05, 1121.06, 618
1155.18, 1733.412, 4123.29, 4123.34, 4123.341, 4123.342, 4123.40, 619
4123.411, 4123.44, or 4123.442 of the Revised Code; 621
15
(3) A rule proposed by an agency other than a board, 623
commission, department, division, or bureau of the government of 624
the state; 625
(4) A proposed internal management rule of a board, 627
commission, department, division, or bureau of the government of 628
the state; 629
(5) Any proposed rule that must be adopted verbatim by an 631
agency pursuant to federal law or rule, to become effective 632
within sixty days of adoption, in order to continue the operation 633
of a federally reimbursed program in this state, so long as the 634
proposed rule contains both of the following: 635
(a) A statement that it is proposed for the purpose of 637
complying with a federal law or rule; 638
(b) A citation to the federal law or rule that requires 640
verbatim compliance. 641
(6) An initial rule proposed by the director of health to 643
impose safety standards, quality-of-care standards, and 644
quality-of-care data reporting requirements with respect to a 645
health service specified in section 3702.11 of the Revised Code, 646
or an initial rule proposed by the director to impose quality 648
standards on a facility listed in division (A)(4) of section
3702.30 of the Revised Code, if section 3702.12 of the Revised 649
Code requires that the rule be adopted under this section; 650
(7) A rule of the state lottery commission pertaining to 652
instant game rules. 653
IF A RULE IS EXEMPT FROM LEGISLATIVE REVIEW UNDER DIVISION 655
(D)(5) OF THIS SECTION, AND IF THE FEDERAL LAW OR RULE PURSUANT 656
TO WHICH THE RULE WAS ADOPTED EXPIRES, IS REPEALED OR RESCINDED,
OR OTHERWISE TERMINATES, THE RULE IS THEREAFTER SUBJECT TO 657
LEGISLATIVE REVIEW UNDER DIVISION (D) OF THIS SECTION. 658
(E) Whenever a state board, commission, department, 660
division, or bureau files a proposed rule or a proposed rule in 661
revised form under division (D) of this section, it shall also 662
file one copy of the full text of the same proposed rule or 663
16
proposed rule in revised form with the secretary of state and two 664
copies thereof with the director of the legislative service 665
commission. Except as provided in division (F) of this section, 666
a state board, commission, department, division, or bureau shall 667
attach a copy of the rule summary and fiscal analysis prepared 668
under section 121.24 or 127.18 of the Revised Code, or both, to 669
each copy of a proposed rule or proposed rule in revised form 670
that is filed with the secretary of state or the director of the 671
legislative service commission. 672
(F) Except as otherwise provided in this division, the 674
auditor of state or the auditor of state's designee is not 675
required to attach a rule summary and fiscal analysis to any copy 677
of a proposed rule, or proposed rule in revised form, that the 678
auditor of state proposes under section 117.12, 117.19, 117.38, 680
or 117.43 of the Revised Code and files under division (D) or (E) 681
of this section. If, however, the auditor of state or the 682
designee prepares a rule summary and fiscal analysis of the 683
original version of such a proposed rule for purposes of 684
complying with section 121.24 of the Revised Code, the auditor of 685
state or designee shall attach a copy of the rule summary and 686
fiscal analysis to each copy of the original version of the 687
proposed rule filed under division (D) or (E) of this section. 688
Sec. 119.03. In the adoption, amendment, or rescission of 697
any rule, an agency shall comply with the following procedure: 698
(A) Reasonable public notice shall be given IN THE 700
REGISTER OF OHIO at least thirty days prior to the date set for a 702
hearing, in the manner and form and for the length of time as the 703
agency determines and. THE AGENCY SHALL FILE COPIES OF THE 704
PUBLIC NOTICE UNDER DIVISION (B) OF THIS SECTION. (THE AGENCY 705
GIVES PUBLIC NOTICE IN THE REGISTER OF OHIO WHEN THE PUBLIC 706
NOTICE IS PUBLISHED IN THE REGISTER UNDER THAT DIVISION.) 707
THE PUBLIC NOTICE shall include: 710
(1) A statement of the agency's intention to consider 712
adopting, amending, or rescinding a rule; 713
17
(2) A synopsis of the proposed rule, amendment, or rule to 715
be rescinded or a general statement of the subject matter to 716
which the proposed rule, amendment, or rescission relates; 717
(3) A statement of the reason or purpose for adopting, 719
amending, or rescinding the rule; 720
(4) The date, time, and place of a hearing on the proposed 722
action, which shall be not earlier than thirty THE THIRTY-FIRST 723
nor later than fifty days THE FORTIETH DAY after the proposed 725
rule, amendment, or rescission is filed under division (B) of 727
this section. In
IN addition to public notice GIVEN IN THE REGISTER OF OHIO, 730
the agency may give whatever other notice it REASONABLY considers 732
necessary TO ENSURE NOTICE CONSTRUCTIVELY IS GIVEN TO ALL PERSONS 733
WHO ARE SUBJECT TO OR AFFECTED BY THE PROPOSED RULE, AMENDMENT, 734
OR RESCISSION. Each agency shall adopt a rule setting forth in 735
detail the method that the agency shall follow in giving public 736
notice as to the adoption, amendment, or rescission of rules. The 738
rule shall require the
THE agency to SHALL provide A COPY OF the public notice 741
required under division (A) of this section to any person who 742
requests it and pays a reasonable fee, not to exceed the cost of 743
copying and mailing. The methods used for notification may 744
include, but are not limited to, mailing notices to all 745
subscribers on a mailing list or mailing notices in addressed, 746
stamped envelopes provided by the person requesting the notice. 747
(B) One copy of the full text of the proposed rule, 749
amendment, or rule to be rescinded, accompanied by one copy of 750
the public notice required under division (A) of this section, 751
shall be filed with the secretary of state. Two copies of the 752
full text of the proposed rule, amendment, or rule to be 753
rescinded, accompanied by two copies of the public notice 754
required under division (A) of this section, shall be filed with 755
the director of the legislative service commission. (If in 756
compliance with this division an agency files more than one 757
18
proposed rule, amendment, or rescission at the same time, and has 758
given PREPARED a public notice under division (A) of this section 760
that applies to more than one of the proposed rules, amendments, 762
or rescissions, the agency shall file only one copy of the notice 763
with the secretary of state and only two copies of the notice 764
with the director for all of the proposed rules, amendments, or 765
rescissions to which the notice applies.) The proposed rule, 766
amendment, or rescission and public notice shall be filed as 767
required by this division at least sixty SIXTY-FIVE days prior to 769
the date on which the agency, in accordance with division (D) of 770
this section, issues an order adopting the proposed rule, 771
amendment, or rescission. The 772
THE proposed rule, amendment, or rescission shall be 775
available for at least thirty days prior to the date of the
hearing at the office of the agency in printed or other legible 776
form without charge to any person affected by the proposal. 777
Failure to furnish such text to any person requesting it shall 778
not invalidate any action of the agency in connection therewith. 779
If 780
IF the agency files a substantive revision in the text of 782
the proposed rule, amendment, or rescission under division (H) of 783
this section, it shall also promptly file one copy of the full 784
text of the proposed rule, amendment, or rescission in its 785
revised form with the secretary of state and two copies thereof 786
with the director of the legislative service commission. The 787
THE agency shall attach a copy of the rule summary and 790
fiscal analysis prepared under section 121.24 or 127.18 of the 791
Revised Code, or both, to each copy of a proposed rule, 792
AMENDMENT, OR RESCISSION or proposed rule, AMENDMENT, OR 793
RESCISSION in revised form that is filed with the secretary of 794
state or the director of the legislative service commission. 795
THE DIRECTOR OF THE LEGISLATIVE SERVICE COMMISSION SHALL 797
PUBLISH IN THE REGISTER OF OHIO THE FULL TEXT OF THE ORIGINAL AND 799
EACH REVISED VERSION OF A PROPOSED RULE, AMENDMENT, OR 800
19
RESCISSION; THE FULL TEXT OF A PUBLIC NOTICE; AND THE FULL TEXT 802
OF A RULE SUMMARY AND FISCAL ANALYSIS THAT IS FILED WITH THE 803
DIRECTOR UNDER THIS DIVISION.
(C) On the date and at the time and place designated in 805
the notice, the agency shall conduct a public hearing at which 806
any person affected by the proposed action of the agency may 807
appear and be heard in person, by his THE PERSON'S attorney, or 808
both, may present his THE PERSON'S position, arguments, or 810
contentions, orally or in writing, offer and examine witnesses, 812
and present evidence tending to show that the proposed rule, 813
amendment, or rescission, if adopted or effectuated, will be 814
unreasonable or unlawful. AN AGENCY MAY PERMIT PERSONS AFFECTED 815
BY THE PROPOSED RULE, AMENDMENT, OR RESCISSION TO PRESENT THEIR 816
POSITIONS, ARGUMENTS, OR CONTENTIONS IN WRITING, NOT ONLY AT THE 817
HEARING, BUT ALSO FOR A REASONABLE PERIOD BEFORE, AFTER, OR BOTH 818
BEFORE AND AFTER THE HEARING. A PERSON WHO PRESENTS A POSITION 819
OR ARGUMENTS OR CONTENTIONS IN WRITING BEFORE OR AFTER THE 820
HEARING IS NOT REQUIRED TO APPEAR AT THE HEARING. 821
At the hearing, the testimony, rulings on the admissibility 823
of evidence, and proffers of evidence shall be recorded by 824
stenographic means. Such record shall be made at the expense of 825
the agency. THE AGENCY IS REQUIRED TO TRANSCRIBE A RECORD THAT 827
IS NOT SIGHT READABLE ONLY IF A PERSON REQUESTS TRANSCRIPTION OF 828
ALL OR PART OF THE RECORD AND AGREES TO REIMBURSE THE AGENCY FOR 829
THE COSTS OF THE TRANSCRIPTION. AN AGENCY MAY REQUIRE THE PERSON 830
TO PAY IN ADVANCE ALL OR PART OF THE COST OF THE TRANSCRIPTION. 832
In any hearing under this section the agency may administer 834
oaths or affirmations. 835
The agency shall pass upon the admissibility of evidence, 837
but the person affected may at the time make objection to the 838
ruling of the agency, and if the agency refuses to admit evidence 839
the person offering the evidence shall make a proffer of the 840
evidence, and the proffer shall be made a part of the record of 841
such hearing. 842
20
(D) After complying with divisions (A), (B), (C), and (H) 844
of this section, and when the time for legislative review and 845
invalidation under division (I) of this section has expired, the 846
agency may issue an order adopting the proposed rule or the 847
proposed amendment or rescission of the rule, consistent with the 848
synopsis or general statement included in the public notice. At 849
that time the agency shall designate the effective date of the 850
rule, amendment, or rescission, which shall not be earlier than 851
the tenth day after the rule, amendment, or rescission has been 852
filed in its final form as provided in section 119.04 of the 853
Revised Code. 854
(E) Prior to the effective date of a rule, amendment, or 856
rescission, the agency shall make a reasonable effort to inform 857
those affected by the rule, amendment, or rescission and to have 858
available for distribution to those requesting it the full text 859
of the rule as adopted or as amended. 860
(F) If the governor, upon the request of an agency, 862
determines that an emergency requires the immediate adoption, 863
amendment, or rescission of a rule, he THE GOVERNOR shall issue a 865
written order, a copy of which shall be filed with the secretary 866
of state, the director of the legislative service commission, and 867
the joint committee on agency rule review, that the procedure 868
prescribed by this section with respect to the adoption, 869
amendment, or rescission of a specified rule is suspended. The 870
agency may then adopt immediately the emergency rule, amendment, 871
or rescission and it becomes effective on the date copies of the 872
rule, amendment, or rescission, in final form and in compliance 873
with division (A)(2) of section 119.04 of the Revised Code, are 874
filed as follows: two certified copies of the emergency rule, 875
amendment, or rescission shall be filed with both the secretary 876
of state and the director of the legislative service commission, 877
and one certified copy of the emergency rule, amendment, or 878
rescission shall be filed with the joint committee on agency rule 879
review. If all copies are not filed on the same day, the 880
21
emergency rule, amendment, or rescission shall be effective on 881
the day on which the latest filing is made. The THE DIRECTOR 882
SHALL PUBLISH THE FULL TEXT OF THE EMERGENCY RULE, AMENDMENT, OR 883
RESCISSION IN THE REGISTER OF OHIO. 884
THE emergency rule, amendment, or rescission shall become 887
invalid at the end of the ninetieth day it is in effect. Prior 888
to that date the agency may adopt the emergency rule, amendment, 889
or rescission as a nonemergency rule, amendment, or rescission by 890
complying with the procedure prescribed by this section for the 891
adoption, amendment, and rescission of nonemergency rules. The 892
agency shall not use the procedure of this division to readopt 893
the emergency rule, amendment, or rescission so that, upon the 894
emergency rule, amendment, or rescission becoming invalid under 895
this division, the emergency rule, amendment, or rescission will 896
continue in effect without interruption for another ninety-day 897
period. This
THIS division does not apply to the adoption of any 899
emergency rule, amendment, or rescission by the tax commissioner 900
under division (C)(2) of section 5117.02 of the Revised Code. 901
(G) Rules adopted by an authority within the department of 903
taxation or the bureau of employment services shall be effective 904
without a hearing as provided by this section if the statutes 905
pertaining to such agency specifically give a right of appeal to 906
the board of tax appeals or to a higher authority within the 907
agency or to a court, and also give the appellant a right to a 908
hearing on such appeal. This division does not apply to the 909
adoption of any rule, amendment, or rescission by the tax 910
commissioner under division (C)(1) or (2) of section 5117.02 of 911
the Revised Code, or deny the right to file an action for 912
declaratory judgment as provided in Chapter 2721. of the Revised 913
Code from the decision of the board of tax appeals or of the 914
higher authority within such agency. 915
(H) When any agency files a proposed rule, amendment, or 917
rescission under division (B) of this section, it shall also file 918
22
with the joint committee on agency rule review two copies of the 919
full text of the proposed rule, amendment, or rule to be 920
rescinded in the same form and two copies of the public notice 921
required under division (A) of this section. (If in compliance 922
with this division an agency files more than one proposed rule, 923
amendment, or rescission at the same time, and has given a public 924
notice under division (A) of this section that applies to more 925
than one of the proposed rules, amendments, or rescissions, the 926
agency shall file only two copies of the notice with the joint 927
committee for all of the proposed rules, amendments, or 928
rescissions to which the notice applies.) If the agency makes a 929
substantive revision in a proposed rule, amendment, or rescission 930
after it is filed with the joint committee, the agency shall 931
promptly file two copies of the full text of the proposed rule, 932
amendment, or rescission in its revised form with the joint 933
committee. The latest version of a proposed rule, amendment, or 934
rescission as filed with the joint committee supersedes each 935
earlier version of the text of the same proposed rule, amendment, 936
or rescission. An agency shall attach one copy of the rule 937
summary and fiscal analysis prepared under section 121.24 or 938
127.18 of the Revised Code, or both, to each copy of a proposed 939
rule, amendment, or rescission, and to each copy of a proposed 940
rule, amendment, or rescission in revised form, that is filed 941
under this division. 942
This division does not apply to: 944
(1) An emergency rule, amendment, or rescission; 946
(2) Any proposed rule, amendment, or rescission that must 948
be adopted verbatim by an agency pursuant to federal law or rule, 949
to become effective within sixty days of adoption, in order to 950
continue the operation of a federally reimbursed program in this 951
state, so long as the proposed rule contains both of the 952
following: 953
(a) A statement that it is proposed for the purpose of 955
complying with a federal law or rule; 956
23
(b) A citation to the federal law or rule that requires 958
verbatim compliance. 959
IF A RULE OR AMENDMENT IS EXEMPT FROM LEGISLATIVE REVIEW 961
UNDER DIVISION (H)(2) OF THIS SECTION, AND IF THE FEDERAL LAW OR 962
RULE PURSUANT TO WHICH THE RULE OR AMENDMENT WAS ADOPTED EXPIRES, 963
IS REPEALED OR RESCINDED, OR OTHERWISE TERMINATES, THE RULE OR 965
AMENDMENT, OR ITS RESCISSION, IS THEREAFTER SUBJECT TO 966
LEGISLATIVE REVIEW UNDER DIVISION (H) OF THIS SECTION. 968
(I)(1) The joint committee on agency rule review may 970
recommend the adoption of a concurrent resolution invalidating a 971
proposed rule, amendment, rescission, or part thereof if it finds 972
any of the following: 973
(a) That the rule-making agency has exceeded the scope of 975
its statutory authority in proposing the rule, amendment, or 976
rescission; 977
(b) That the proposed rule, amendment, or rescission 979
conflicts with another rule, amendment, or rescission adopted by 980
the same or a different rule-making agency; 981
(c) That the proposed rule, amendment, or rescission 983
conflicts with the legislative intent in enacting the statute 984
under which the rule-making agency proposed the rule, amendment, 985
or rescission; 986
(d) That the rule-making agency has failed to prepare a 988
complete and accurate rule summary and fiscal analysis of the 989
proposed rule, amendment, or rescission as required by section 990
121.24 or 127.18 of the Revised Code, or both. 991
THE JOINT COMMITTEE SHALL NOT HOLD ITS PUBLIC HEARING ON A 993
PROPOSED RULE, AMENDMENT, OR RESCISSION EARLIER THAN THE 994
FORTY-FIRST DAY AFTER THE ORIGINAL VERSION OF THE PROPOSED RULE, 995
AMENDMENT, OR RESCISSION WAS FILED WITH THE JOINT COMMITTEE. 996
The house of representatives and senate may adopt a 998
concurrent resolution invalidating a proposed rule, amendment, 999
rescission, or part thereof. The concurrent resolution shall 1,000
state which of the specific rules, amendments, rescissions, or 1,001
24
parts thereof are invalidated. A concurrent resolution 1,002
invalidating a proposed rule, amendment, or rescission shall be 1,003
adopted prior to NOT LATER THAN the sixtieth SIXTY-FIFTH day 1,005
after the original version of the text of the proposed rule, 1,007
amendment, or rescission is filed with the joint committee, 1,008
except that if more than thirty THIRTY-FIVE days after the 1,010
original version is filed the rule-making agency either files a 1,011
revised version of the text of the proposed rule, amendment, or 1,012
rescission, or revises the rule summary and fiscal analysis in 1,013
accordance with division (I)(4) of this section, a concurrent 1,014
resolution invalidating the proposed rule, amendment, or 1,015
rescission shall be adopted prior to NOT LATER THAN the thirtieth 1,016
day after the revised version of the proposed rule or rule 1,017
summary and fiscal analysis is filed. If, after the joint 1,018
committee on agency rule review recommends the adoption of a 1,019
concurrent resolution invalidating a proposed rule, amendment, 1,020
rescission, or part thereof, the house of representatives or 1,021
senate does not, within the time remaining for adoption of the 1,022
concurrent resolution, hold five floor sessions at which its 1,023
journal records a roll call vote disclosing a sufficient number 1,024
of members in attendance to pass a bill, the time within which 1,025
that house may adopt the concurrent resolution is extended until 1,026
it has held five such floor sessions. 1,027
Within five days after the adoption of a concurrent 1,029
resolution invalidating a proposed rule, amendment, rescission, 1,030
or part thereof, the clerk of the senate shall send the 1,031
rule-making agency, the secretary of state, and the director of 1,032
the legislative service commission a certified copy of the 1,033
resolution together with a certification stating the date on 1,034
which the resolution takes effect. The secretary of state and 1,035
the director of the legislative service commission shall each 1,036
note the invalidity of the proposed rule, amendment, rescission, 1,037
or part thereof on his copy THEIR COPIES, and shall each remove 1,038
the invalid proposed rule, amendment, rescission, or part thereof 1,040
25
from the file of proposed rules. The rule-making agency shall 1,041
not proceed to adopt in accordance with division (D) of this 1,042
section, or to file in accordance with division (B)(1) of section 1,043
111.15 of the Revised Code, any version of a proposed rule, 1,044
amendment, rescission, or part thereof that has been invalidated 1,045
by concurrent resolution. 1,046
Unless the house of representatives and senate adopt a 1,048
concurrent resolution invalidating a proposed rule, amendment, 1,049
rescission, or part thereof within the time specified by this 1,050
division, the rule-making agency may proceed to adopt in 1,051
accordance with division (D) of this section, or to file in 1,052
accordance with division (B)(1) of section 111.15 of the Revised 1,053
Code, the latest version of the proposed rule, amendment, or 1,054
rescission as filed with the joint committee. If by concurrent 1,055
resolution certain of the rules, amendments, rescissions, or 1,056
parts thereof are specifically invalidated, the rule-making 1,057
agency may proceed to adopt, in accordance with division (D) of 1,058
this section, or to file in accordance with division (B)(1) of 1,059
section 111.15 of the Revised Code, the latest version of the 1,060
proposed rules, amendments, rescissions, or parts thereof as 1,061
filed with the joint committee that are not specifically 1,062
invalidated. The rule-making agency may not revise or amend any 1,063
proposed rule, amendment, rescission, or part thereof that has 1,064
not been invalidated except as provided in this chapter or in 1,065
section 111.15 of the Revised Code. 1,066
(2)(a) A proposed rule, amendment, or rescission that is 1,068
filed with the joint committee under division (H) of this section 1,069
or division (D) of section 111.15 of the Revised Code shall be 1,070
carried over for legislative review to the next succeeding 1,071
regular session of the general assembly if the original or any 1,072
revised version of the proposed rule, amendment, or rescission is 1,073
filed with the joint committee on or after the first day of 1,074
December of any year. 1,075
(b) The latest version of any proposed rule, amendment, or 1,077
26
rescission that is subject to division (I)(2)(a) of this section, 1,078
as filed with the joint committee, is subject to legislative 1,079
review and invalidation in the next succeeding regular session of 1,080
the general assembly in the same manner as if it were the 1,081
original version of a proposed rule, amendment, or rescission 1,082
that had been filed with the joint committee for the first time 1,083
on the first day of the session. A rule-making agency shall not 1,084
adopt in accordance with division (D) of this section, or file in 1,085
accordance with division (B)(1) of section 111.15 of the Revised 1,086
Code, any version of a proposed rule, amendment, or rescission 1,087
that is subject to division (I)(2)(a) of this section until the 1,088
time for legislative review and invalidation, as contemplated by 1,089
division (I)(2)(b) of this section, has expired. 1,090
(3) Invalidation of any version of a proposed rule, 1,092
amendment, rescission, or part thereof by concurrent resolution 1,093
shall prevent the rule-making agency from instituting or 1,094
continuing proceedings to adopt any version of the same proposed 1,095
rule, amendment, rescission, or part thereof for the duration of 1,096
the general assembly that invalidated the proposed rule, 1,097
amendment, rescission, or part thereof unless the same general 1,098
assembly adopts a concurrent resolution permitting the 1,099
rule-making agency to institute or continue such proceedings. 1,100
The failure of the general assembly to invalidate a 1,102
proposed rule, amendment, rescission, or part thereof under this 1,103
section shall not be construed as a ratification of the 1,104
lawfulness or reasonableness of the proposed rule, amendment, 1,105
rescission, or any part thereof or of the validity of the 1,106
procedure by which the proposed rule, amendment, rescission, or 1,107
any part thereof was proposed or adopted. 1,108
(4) In lieu of recommending a concurrent resolution to 1,110
invalidate a proposed rule, amendment, rescission, or part 1,111
thereof because the rule-making agency has failed to prepare a 1,112
complete and accurate fiscal analysis, the joint committee on 1,113
agency rule review may issue, on a one-time basis, for rules, 1,114
27
amendments, rescissions, or parts thereof that have a fiscal 1,115
effect on school districts, counties, townships, or municipal 1,116
corporations, a written finding that the rule summary and fiscal 1,117
analysis is incomplete or inaccurate and order the rule-making 1,118
agency to revise the rule summary and fiscal analysis and refile 1,119
it with the proposed rule, amendment, rescission, or part 1,120
thereof. If an emergency rule is filed as a nonemergency rule 1,121
before the end of the ninetieth day of the emergency rule's 1,122
effectiveness, and the joint committee issues a finding and 1,123
orders the rule-making agency to refile under division (I)(4) of 1,124
this section, the governor may also issue a written order stating 1,125
that the emergency rule shall remain in effect for an additional 1,126
sixty days after the ninetieth day of the emergency rule's 1,127
effectiveness. Copies of the governor's written orders shall be 1,128
filed in accordance with division (F) of this section. The joint 1,129
committee shall send the rule-making agency, the secretary of 1,130
state, and the director of the legislative service commission a 1,131
certified copy of the order to revise the rule summary and fiscal 1,132
analysis, which shall take immediate effect. 1,133
A written order issued under division (I)(4) of this 1,135
section shall prevent the rule-making agency from instituting or 1,136
continuing proceedings to adopt any version of the proposed rule, 1,137
amendment, rescission, or part thereof until the rule-making 1,138
agency revises the rule summary and fiscal analysis and refiles 1,139
it with the joint committee along with the proposed rule, 1,140
amendment, rescission, or part thereof. If the joint committee 1,141
finds the rule summary and fiscal analysis to be complete and 1,142
accurate, the joint committee shall issue a new written order 1,143
noting that the rule-making agency has revised and refiled a 1,144
complete and accurate rule summary and fiscal analysis. The 1,145
joint committee shall send the rule-making agency, the secretary 1,146
of state, and the director of the legislative service commission 1,147
a certified copy of this new order. The secretary of state and 1,148
the director of the legislative service commission shall each 1,149
28
attach this order to their copies of the proposed rule, 1,150
amendment, rescission, or part thereof. The rule-making agency 1,151
may then proceed to adopt in accordance with division (D) of this 1,152
section, or to file in accordance with division (B)(1) of section 1,153
111.15 of the Revised Code, the proposed rule, amendment, 1,154
rescission, or part thereof that was subject to the written 1,155
finding and order under division (I)(4) of this section. If the 1,156
joint committee determines that the revised rule summary and 1,157
fiscal analysis is still inaccurate or incomplete, the joint 1,158
committee shall recommend the adoption of a concurrent resolution 1,159
in accordance with division (I)(1) of this section. 1,160
Sec. 119.032. (A) As used in this section: 1,169
(1) "Agency" includes both an agency as defined in 1,171
division (A)(2) of section 111.15 and an agency as defined in 1,172
division (A) of section 119.01 of the Revised Code. 1,173
(2) "Review date" means the review date assigned to a rule 1,175
by an agency under division (B) or (E)(2) of this section or 1,176
under section 111.15, 119.04, or 4141.14 of the Revised Code or a 1,179
review date assigned to a rule by the joint committee on agency
rule review under division (B) of this section. 1,180
(3)(a) "Rule" means only a rule whose adoption, amendment, 1,182
or rescission is subject to review under division (D) of section 1,185
111.15 or division (H) of section 119.03 of the Revised Code. 1,186
(b) "Rule" does not include a rule adopted, amended, or 1,189
rescinded by the department of taxation under section 5703.14 of
the Revised Code, a rule of a state college or university, 1,190
community college district, technical college district, or state 1,191
community college, or a rule that is consistent with and 1,192
equivalent to the form required by a federal law and that does 1,193
not exceed the minimum scope and intent of that federal law. 1,194
(B) Within one hundred eighty days after the effective 1,197
date of this section, each agency shall assign a review date to 1,198
each of its rules that is currently in effect and shall notify
the joint committee on agency rule review of the review date for 1,200
29
each such rule. The agency shall assign review dates to its
rules so that approximately one-fifth of the rules are scheduled 1,201
for review during each calendar year of the five-year period that 1,202
begins one hundred eighty days after the effective date of this 1,203
section, except that an agency, with the joint committee's 1,204
approval, may set a review schedule for the agency's rules in 1,205
which there is no requirement that approximately one-fifth of the 1,206
agency's rules be assigned a review date during each calendar
year of the five-year period but in which all of the agency's 1,207
rules are assigned a review date during that five-year period. 1,208
An agency may change the review dates it has assigned to specific 1,209
rules so long as the agency complies with the five-year time 1,210
deadline specified in this division. Upon the request of the 1,212
agency that adopted the rule, the joint committee on agency rule
review may assign a review date to a rule that is not later than 1,214
one hundred twenty days after the original review date assigned 1,215
to the rule by the agency under this division, division (E)(2) of 1,216
this section, or section 111.15, 119.04, or 4141.14 of the 1,217
Revised Code. The joint committee may extend for not longer than 1,218
sixty days a review date it has assigned to a rule under this 1,219
division.
(C) Prior to the review date of a rule, the agency that 1,222
adopted the rule shall review the rule to determine all of the
following: 1,223
(1) Whether the rule should be continued without 1,225
amendment, be amended, or be rescinded, taking into consideration 1,226
the purpose, scope, and intent of the statute under which the 1,227
rule was adopted;
(2) Whether the rule needs amendment or rescission to give 1,229
more flexibility at the local level; 1,231
(3) Whether the rule needs amendment or rescission to 1,233
eliminate unnecessary paperwork; 1,235
(4) Whether the rule duplicates, overlaps with, or 1,237
conflicts with other rules. 1,238
30
(D) In making the review required under division (C) of 1,241
this section, the agency shall consider the continued need for 1,242
the rule, the nature of any complaints or comments received 1,243
concerning the rule, and any relevant factors that have changed 1,244
in the subject matter area affected by the rule.
(E)(1) At least ninety days before the designated review 1,247
date of a rule, the agency that adopted the rule shall provide 1,248
the joint committee on agency rule review with a notice under
division (E)(2) of this section indicating that the agency has 1,249
reviewed the rule. 1,250
(2) If the agency has determined that the rule does not 1,252
need to be amended or rescinded, the notice shall state the 1,253
agency's determination, provide an accurate rule summary and 1,254
fiscal analysis for the rule as described in section 127.18 of 1,255
the Revised Code, and assign a new review date to the rule, which 1,257
shall not be later than five years after the rule's immediately
preceding review date. After the joint committee has reviewed 1,259
such a rule for the first time, including any rule that was in
effect on the effective date of this section, the agency in its 1,260
subsequent reviews of the rule may provide the same fiscal 1,261
analysis it provided to the joint committee during its 1,262
immediately preceding review of the rule unless any of the 1,263
conditions described in division (B)(4), (5), (6), (8), (9), or 1,264
(10) of section 127.18 of the Revised Code, as they relate to the 1,266
rule, have appreciably changed since the joint committee's 1,267
immediately preceding review of the rule. If any of these 1,268
conditions, as they relate to the rule, have appreciably changed, 1,269
the agency shall provide the joint committee with an updated 1,270
fiscal analysis for the rule. If no review date is assigned to a
rule, or if a review date assigned to a rule exceeds the 1,271
five-year maximum, the review date for the rule is five years 1,273
after its immediately preceding review date. The joint committee 1,274
shall give public notice IN THE REGISTER OF OHIO of the agency's 1,276
determination each week for four consecutive weeks after
31
receiving a notice from the agency under division (E)(2) of this 1,279
section. THE JOINT COMMITTEE SHALL TRANSMIT A COPY OF THE NOTICE
TO THE DIRECTOR OF THE LEGISLATIVE SERVICE COMMISSION. THE 1,281
DIRECTOR SHALL PUBLISH THE NOTICE IN THE REGISTER OF OHIO FOR 1,283
FOUR CONSECUTIVE WEEKS AFTER ITS RECEIPT. 1,284
(3) During the ninety-day period following the date the 1,286
joint committee receives a notice under division (E)(2) of this 1,288
section but after the four-week period described in division
(E)(2) of this section has ended, the joint committee, by a 1,289
two-thirds vote of the members present, may recommend the 1,290
adoption of a concurrent resolution invalidating the rule if the 1,291
joint committee determines that either of the following applies: 1,292
(a) The agency improperly applied the criteria described 1,295
in divisions (C) and (D) of this section in reviewing the rule 1,296
and in recommending its continuance without amendment or 1,297
rescission.
(b) The agency failed to file proper notice with the joint 1,300
committee regarding the rule.
(4) If the joint committee does not take the action 1,302
described in division (E)(3) of this section regarding a rule 1,304
during the ninety-day period after the date the joint committee
receives a notice under division (E)(2) of this section regarding 1,306
that rule, the rule shall continue in effect without amendment
and shall be next reviewed by the joint committee by the date 1,307
designated by the agency in the notice provided to the joint 1,308
committee under division (E)(2) of this section. 1,309
(5) If the agency has determined that a rule reviewed 1,311
under division (C) of this section needs to be amended or 1,313
rescinded, the agency, at least ninety days before the rule's 1,314
review date, shall file the rule as amended or rescinded in
accordance with section 111.15, 119.03, or 4141.14 of the Revised 1,315
Code, as applicable. 1,316
(6) Within one hundred eighty days after the effective 1,318
date of this section, each agency shall provide the joint 1,319
32
committee with a list of the rules that it has determined are 1,320
rules described in division (A)(3)(b) of this section. At a time 1,321
the joint committee designates, each agency shall appear before 1,322
the joint committee and explain why it has determined that such 1,323
rules are rules described in division (A)(3)(b) of this section. 1,324
The joint committee, by a two-thirds vote of the members present, 1,325
may determine that any of such rules are rules described in 1,326
division (A)(3)(a) of this section. After the joint committee 1,327
has made such a determination relating to a rule, the agency 1,329
shall thereafter treat the rule as a rule described in division 1,330
(A)(3)(a) of this section.
(F) If an agency fails to provide the notice to the joint 1,333
committee required under division (E)(2) of this section 1,334
regarding a rule or otherwise fails by the rule's review date to 1,335
take any action regarding the rule required by this section, the 1,336
joint committee, by a majority vote of the members present, may 1,337
recommend the adoption of a concurrent resolution invalidating 1,338
the rule. The joint committee shall not recommend the adoption
of such a resolution until it has afforded the agency the 1,339
opportunity to appear before the joint committee to show cause 1,340
why the joint committee should not recommend the adoption of such 1,341
a resolution regarding that rule. 1,342
(G) If the joint committee recommends adoption of a 1,345
concurrent resolution invalidating a rule under division (E)(3) 1,346
or (F) of this section, the adoption of the concurrent resolution 1,347
shall be in the manner described in division (I) of section 1,348
119.03 of the Revised Code. 1,349
Sec. 119.035. AN AGENCY MAY APPOINT AN ADVISORY COMMITTEE 1,352
TO ADVISE THE AGENCY CONCERNING ITS DEVELOPMENT OF A RULE, 1,353
AMENDMENT, OR RESCISSION, AND MAY OTHERWISE CONSULT WITH PERSONS 1,354
REPRESENTING INTERESTS THAT WOULD BE AFFECTED BY THE RULE, 1,355
AMENDMENT, OR RESCISSION WERE IT ACTUALLY TO BE PROPOSED AND 1,356
ADOPTED. UPON AN AGENCY'S REQUEST, THE EXECUTIVE DIRECTOR OR 1,357
ANOTHER OFFICER OR EMPLOYEE OF THE OHIO COMMISSION ON DISPUTE 1,358
33
RESOLUTION AND CONFLICT MANAGEMENT MAY SERVE AS A GROUP 1,359
FACILITATOR FOR, BUT NOT AS A MEMBER OF, SUCH AN ADVISORY 1,360
COMMITTEE. 1,361
Sec. 119.037. UNLESS EXPLICITLY PROVIDED OTHERWISE BY 1,364
STATUTE, IF A DOCUMENT IS REQUIRED BY STATUTE TO BE PUBLISHED IN 1,365
THE REGISTER OF OHIO, ITS PUBLICATION IN THE REGISTER IS 1,367
SUFFICIENT TO GIVE NOTICE OF THE CONTENT OF THE DOCUMENT TO A 1,368
PERSON WHO IS SUBJECT TO OR AFFECTED BY THE CONTENT. UNTIL THE 1,369
DOCUMENT IS SO PUBLISHED, ITS CONTENT IS NOT VALID AGAINST A 1,370
PERSON WHO DOES NOT HAVE ACTUAL KNOWLEDGE OF THE CONTENT. 1,371
Sec. 119.038. AN AGENCY SHALL PROVIDE THE DIRECTOR OF THE 1,374
LEGISLATIVE SERVICE COMMISSION WITH ASSISTANCE THAT IS WITHIN THE 1,375
AGENCY'S COMPETENCE AND THAT THE DIRECTOR REQUESTS WITH RESPECT 1,376
TO ELECTRONIC PUBLICATION OF THE REGISTER OF OHIO. 1,377
Sec. 119.039. AN AGENCY BY MEANS OF AN INTRASTATE TRANSFER 1,380
VOUCHER SHALL PAY TO THE DIRECTOR OF THE LEGISLATIVE SERVICE 1,381
COMMISSION THE AMOUNT THE DIRECTOR SEEKS AS REIMBURSEMENT FROM 1,382
THE AGENCY FOR THE ACTUAL COSTS OF PUBLISHING THE AGENCY'S 1,383
DOCUMENTS IN THE REGISTER OF OHIO. 1,384
Sec. 119.0311. EACH AGENCY SHALL PREPARE AND PUBLISH, AND 1,387
AS IT BECOMES NECESSARY OR ADVISABLE, REVISE AND REPUBLISH, A 1,388
GUIDE TO ITS RULE-MAKING PROCESS THAT FUNCTIONS GENERALLY TO 1,389
ASSIST MEMBERS OF THE PUBLIC WHO PARTICIPATE, OR WHO MAY WISH TO 1,390
PARTICIPATE, IN THE AGENCY'S RULE-MAKING. THE AGENCY'S GUIDE IS 1,391
TO INCLUDE: 1,392
(A) A STATEMENT OF THE AGENCY'S REGULATORY MISSION; 1,395
(B) A DESCRIPTION OF HOW THE AGENCY IS ORGANIZED TO 1,398
ACHIEVE ITS REGULATORY MISSION;
(C) AN EXPLANATION OF RULE-MAKING THE AGENCY IS AUTHORIZED 1,401
OR REQUIRED TO ENGAGE IN TO ACHIEVE ITS REGULATORY MISSION; 1,402
(D) AN EXPLANATION OF THE AGENCY'S RULE-MAKING PROCESS; 1,405
(E) AN INDICATION OF THE POINTS IN THE AGENCY'S 1,408
RULE-MAKING PROCESS AT WHICH MEMBERS OF THE PUBLIC CAN 1,409
PARTICIPATE;
34
(F) AN EXPLANATION OF HOW MEMBERS OF THE PUBLIC CAN 1,412
PARTICIPATE IN THE AGENCY'S RULE-MAKING PROCESS AT EACH INDICATED 1,413
POINT OF PARTICIPATION; AND 1,414
(G) OTHER INFORMATION THE AGENCY REASONABLY CONCLUDES WILL 1,417
ASSIST MEMBERS OF THE PUBLIC MEANINGFULLY TO PARTICIPATE IN THE 1,418
AGENCY'S RULE-MAKING. 1,419
AN AGENCY'S GUIDE IS NOT TO BE ADOPTED AS A RULE, BUT 1,421
RATHER AS A NARRATIVE EXPLANATION OF THE MATTERS OUTLINED IN THIS 1,423
SECTION. AN AGENCY'S FAILURE TO CONFORM ITS RULE-MAKING PROCESS 1,424
TO ITS GUIDE IS NOT CAUSE FOR INVALIDATING A RULE, AMENDMENT, OR 1,425
RESCISSION ADOPTED BY THE AGENCY.
THE AGENCY SHALL PUBLISH OR REPUBLISH ITS GUIDE BOTH IN THE 1,429
REGISTER OF OHIO AND AS A PRINTED PAMPHLET.
THE AGENCY SHALL SUBMIT A COPY OF ITS GUIDE, IN PAMPHLET OR 1,431
PREFERABLY IN ELECTRONIC FORM, TO THE DIRECTOR OF THE LEGISLATIVE 1,432
SERVICE COMMISSION. THE DIRECTOR THEREUPON SHALL PUBLISH THE 1,433
AGENCY'S GUIDE IN THE REGISTER OF OHIO. 1,434
THE AGENCY SHALL PROVIDE A COPY OF ITS PAMPHLET GUIDE TO 1,436
ANY PERSON UPON REQUEST. THE AGENCY MAY CHARGE THE PERSON A FEE 1,437
FOR THIS SERVICE, BUT THE FEE IS NOT TO EXCEED THE PER COPY COST 1,438
OF PRODUCING THE PAMPHLET GUIDE AND THE ACTUAL COST OF DELIVERING 1,439
IT TO THE PERSON. 1,440
Section 2. That existing sections 101.35, 103.05, 103.13, 1,442
111.15, 119.03, and 119.032 of the Revised Code are hereby 1,444
repealed.
Section 3. That sections 103.05, 111.15, 117.20, 119.03, 1,446
119.031, 119.032, 119.0311, 119.04, 121.24, 121.39, 127.18, 1,447
4141.14, 5117.02, and 5703.14 of the Revised Code be amended to 1,448
read as follows:
Sec. 103.05. (A) The director of the legislative service 1,457
commission shall be the codifier of the rules of the 1,458
administrative agencies of the state. When a rule is filed under 1,459
section 111.15, 119.04, 4141.14, or 5703.14 of the Revised Code, 1,460
the director or the director's designee shall examine the rule. 1,462
35
If the rule is not numbered or if the numbering of the rule is 1,463
not in conformity with the system established by the director, 1,464
the director shall give the rule its proper number by designating 1,465
the proper number on the left hand margin of the rule. The 1,466
number shall be the official administrative code number of the 1,467
rule. Any number so assigned shall be published in any 1,468
publication of the administrative code. Rules of the 1,469
administrative code shall be cited and referred to by such 1,470
official numbers.
The legislative service commission shall, pursuant to 1,472
section 111.15 of the Revised Code, adopt, amend, and rescind any 1,473
rules that are necessary to provide a uniform administrative 1,474
code; to provide standards for use by the director in determining 1,476
whether to include in the administrative code the full text of, 1,477
or a reference to, any rule filed with the commission; to permit 1,479
the director to discharge the director's duties and exercise the 1,480
director's powers as described in this section; and to permit the
director to discharge the director's duties and exercise the 1,482
director's powers with respect to establishing and maintaining, 1,483
and enhancing and improving, the electronic rule-filing system 1,484
under section 103.0511 of the Revised Code.
When the commission adopts rules to provide standards for 1,486
use by the director in determining whether to include the full 1,487
text of, or a reference to, a rule in the administrative code, it 1,488
shall consider all of the following: 1,489
(1) Whether the rule applies uniformly to all citizens of 1,491
the state; 1,492
(2) Whether the rule applies uniformly to all political 1,494
subdivisions of the state; 1,495
(3) Whether the rule affects the health, welfare, and 1,497
safety of the citizens of the state; 1,498
(4) Whether the rule applies only to the internal affairs 1,500
of the agency adopting the rule; 1,501
(5) The number of persons affected by the rule; 1,503
36
(6) Whether the rule affects the statutory or 1,505
constitutional rights of any person. 1,506
The director or the director's designee shall accept any 1,508
rule that is filed under section 111.15, 119.04, 4141.14, or 1,510
5703.14 of the Revised Code. If the director or the director's 1,511
designee accepts a rule that is not in compliance with the rules 1,512
of the commission, the director shall give written notice of the 1,513
noncompliance IN BOTH PRINT AND ELECTRONIC FORM to the agency 1,514
that filed the rule within thirty days after the date on which 1,515
the rule is filed. The notice shall indicate why the rule does 1,516
not comply with the rules of the commission and how the rule can 1,517
be brought into compliance. The failure of the director to give 1,518
an agency notice within the thirty-day period shall presumptively 1,519
establish that the rule complies with the rules of the 1,520
commission. 1,521
(B) The director shall approve as acceptable any 1,523
publication of the code conforming to the requirements of this 1,524
division.
An Ohio administrative code approved as acceptable by the 1,527
director shall:
(1) Contain a compilation of the full text of, or a 1,529
reference to, each rule filed under sections 111.15, 119.04, 1,530
4141.14, and 5703.14 of the Revised Code; 1,531
(2) Presumptively establish the rules of all agencies 1,533
adopting rules under section 111.15, 4141.14, 5703.14, or Chapter 1,534
119. of the Revised Code that are in effect on the day of its 1,535
initial publication; 1,536
(3) Contain the full text of, or a reference to, each rule 1,539
adopted after its initial publication and be updated at least 1,540
quarterly;
(4) Contain an index of the rules and references to rules 1,542
that are included in the code and each supplement using terms 1,543
easily understood by the general public; 1,544
(5) Be published in electronic or print format following, 1,547
37
to the extent possible, the subject matter arrangement of the 1,549
Revised Code; 1,550
(6) Be numbered according to the numbering system devised 1,552
by the director. 1,553
(C) If the director does not approve as acceptable any 1,555
publication of the administrative code, the director, subject to 1,556
division (D) of this section, may prepare and publish the code, 1,558
or contract with any person under this division to prepare and 1,560
publish the code. Any code published under this division shall 1,561
include all of the requirements of division (B) of this section. 1,562
In addition, the director shall furnish any code or supplement 1,563
published under this division to any person who requests the code 1,565
or supplement upon payment of a charge established by the 1,566
director, not to exceed the cost of preparation and publication. 1,567
Upon the request of the director of the legislative service 1,569
commission under this division, the director of administrative 1,570
services, in accordance with the competitive selection procedure 1,571
of Chapter 125. of the Revised Code, shall let a contract for the 1,572
compilation, preparation, and printing or publication of the 1,573
administrative code and supplements. 1,574
(D) The director shall not prepare and publish the 1,576
administrative code in a print mode or any other mode under 1,577
division (B) or (C) of this section unless no other person is 1,578
willing and qualified to publish a version of the code in that 1,579
mode that the director has approved as acceptable. 1,580
Sec. 111.15. (A) As used in this section: 1,589
(1) "Rule" includes any rule, regulation, bylaw, or 1,591
standard having a general and uniform operation adopted by an 1,592
agency under the authority of the laws governing the agency; any 1,593
appendix to a rule; and any internal management rule. "Rule" 1,594
does not include any guideline adopted pursuant to section 1,595
3301.0714 of the Revised Code, any order respecting the duties of 1,596
employees, any finding, any determination of a question of law or 1,597
fact in a matter presented to an agency, or any rule promulgated 1,598
38
pursuant to Chapter 119., section 4141.14, division (C)(1) or (2) 1,599
of section 5117.02, or section 5703.14 of the Revised Code. 1,600
"Rule" includes any amendment or rescission of a rule. 1,601
(2) "Agency" means any governmental entity of the state 1,603
and includes, but is not limited to, any board, department, 1,604
division, commission, bureau, society, council, institution, 1,605
state college or university, community college district, 1,606
technical college district, or state community college. "Agency" 1,607
does not include the general assembly, the controlling board, the 1,609
adjutant general's department, or any court. 1,610
(3) "Internal management rule" means any rule, regulation, 1,612
bylaw, or standard governing the day-to-day staff procedures and 1,613
operations within an agency. 1,614
(4) "Substantive revision" has the same meaning as in 1,616
division (J) of section 119.01 of the Revised Code. 1,617
(B)(1) Any rule, other than a rule of an emergency nature, 1,619
adopted by any agency pursuant to this section shall be effective 1,620
on the tenth day after the day on which the rule in final form 1,621
and in compliance with division (B)(3) of this section is filed 1,622
as follows: 1,623
(a) Two certified copies of the THE rule shall be filed IN 1,625
BOTH PRINT AND ELECTRONIC FORM with both the secretary of state 1,626
and the director of the legislative service commission; 1,628
(b) Two certified copies of the THE rule shall be filed IN 1,630
BOTH PRINT AND ELECTRONIC FORM with the joint committee on agency 1,631
rule review. Division (B)(1)(b) of this section does not apply 1,633
to any rule to which division (D) of this section does not apply. 1,634
An agency that adopts or amends a rule that is subject to 1,636
division (D) of this section shall assign a review date to the 1,638
rule that is not later than five years after its effective date.
If no review date is assigned to a rule, or if a review date 1,639
assigned to a rule exceeds the five-year maximum, the review date 1,640
for the rule is five years after its effective date. A rule with 1,641
a review date is subject to review under section 119.032 of the 1,642
39
Revised Code. This paragraph does not apply to a rule of a state 1,644
college or university, community college district, technical
college district, or state community college. 1,645
If all copies are not filed FILINGS ARE NOT COMPLETED on 1,647
the same day, the rule shall be effective on the tenth day after 1,649
the day on which the latest filing is made COMPLETED. If an 1,650
agency in adopting a rule designates an effective date that is 1,652
later than the effective date provided for by division (B)(1) of 1,653
this section, the rule if filed as required by such division 1,654
shall become effective on the later date designated by the 1,655
agency.
Any rule that is required to be filed under division (B)(1) 1,657
of this section is also subject to division (D) of this section 1,658
if not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), 1,660
or (8) of this section.
(2) A rule of an emergency nature necessary for the 1,662
immediate preservation of the public peace, health, or safety 1,663
shall state the reasons for the necessity. Copies of the THE 1,664
emergency rule, in final form and in compliance with division 1,665
(B)(3) of this section, shall be filed as follows: two certified 1,666
copies of the emergency rule shall be filed IN BOTH PRINT AND 1,667
ELECTRONIC FORM with both the secretary of state and, the 1,669
director of the legislative service commission, and one certified 1,670
copy of the emergency rule shall be filed with the joint 1,671
committee on agency rule review. The emergency rule is effective 1,672
immediately upon COMPLETION OF the latest filing, except that if 1,674
the agency in adopting the emergency rule designates an effective 1,675
date, or date and time of day, that is later than the effective 1,676
date and time provided for by division (B)(2) of this section, 1,677
the emergency rule if filed as required by such division shall 1,678
become effective at the later date, or later date and time of 1,679
day, designated by the agency.
An emergency rule becomes invalid at the end of the 1,681
ninetieth day it is in effect. Prior to that date, the agency 1,682
40
may file the emergency rule as a nonemergency rule in compliance 1,683
with division (B)(1) of this section. The agency may not refile 1,684
the emergency rule in compliance with division (B)(2) of this 1,685
section so that, upon the emergency rule becoming invalid under 1,686
such division, the emergency rule will continue in effect without 1,687
interruption for another ninety-day period. 1,688
(3) An agency shall file a rule under division (B)(1) or 1,690
(2) of this section in compliance with the following standards 1,691
and procedures: 1,692
(a) The rule shall be numbered in accordance with the 1,694
numbering system devised by the director for the Ohio 1,695
administrative code. 1,696
(b) The rule shall be prepared and submitted in compliance 1,698
with the rules of the legislative service commission. 1,699
(c) The rule shall clearly state the date on which it is 1,701
to be effective and the date on which it will expire, if known. 1,702
(d) Each rule that amends or rescinds another rule shall 1,704
clearly refer to the rule that is amended or rescinded. Each 1,705
amendment shall fully restate the rule as amended. 1,706
If the director of the legislative service commission or 1,708
the director's designee gives an agency written notice pursuant 1,709
to section 103.05 of the Revised Code that a rule filed by the 1,711
agency is not in compliance with the rules of the legislative 1,712
service commission, the agency shall within thirty days after 1,713
receipt of the notice conform the rule to the rules of the 1,714
commission as directed in the notice. 1,715
(C) All rules filed pursuant to divisions (B)(1)(a) and 1,717
(2) of this section shall be recorded by the secretary of state 1,718
and the director under the title of the agency adopting the rule 1,719
and shall be numbered according to the numbering system devised 1,720
by the director. The secretary of state and the director shall 1,721
preserve the rules in an accessible manner. Each such rule shall 1,722
be a public record open to public inspection and may be lent 1,723
TRANSMITTED to any law publishing company that wishes to 1,724
41
reproduce it.
(D) At least sixty-five days before a board, commission, 1,726
department, division, or bureau of the government of the state 1,727
files a rule under division (B)(1) of this section, it shall file 1,728
two copies of the full text of the proposed rule IN BOTH PRINT 1,729
AND ELECTRONIC FORM with the joint committee on agency rule 1,730
review, and the proposed rule is subject to legislative review 1,732
and invalidation under division (I) of section 119.03 of the 1,733
Revised Code. If a state board, commission, department, 1,734
division, or bureau makes a substantive revision in a proposed 1,735
rule after it is filed with the joint committee, the state board, 1,736
commission, department, division, or bureau shall promptly file 1,738
two copies of the full text of the proposed rule in its revised 1,740
form IN BOTH PRINT AND ELECTRONIC FORM with the joint committee. 1,741
The latest version of a proposed rule as filed with the joint 1,742
committee supersedes each earlier version of the text of the same 1,744
proposed rule. Except as provided in division (F) of this 1,745
section, a state board, commission, department, division, or 1,746
bureau shall attach one copy of ALSO FILE the rule summary and 1,747
fiscal analysis prepared under section 121.24 or 127.18 of the 1,749
Revised Code, or both, to each copy of IN BOTH PRINT AND 1,750
ELECTRONIC FORM ALONG WITH a proposed rule, and to each copy of 1,752
ALONG WITH a proposed rule in revised form, that is filed under 1,753
this division.
As used in this division, "commission" includes the public 1,755
utilities commission when adopting rules under a federal or state 1,756
statute.
This division does not apply to any of the following: 1,758
(1) A proposed rule of an emergency nature; 1,760
(2) A rule proposed under section 1121.05, 1121.06, 1,762
1155.18, 1733.412, 4123.29, 4123.34, 4123.341, 4123.342, 4123.40, 1,763
4123.411, 4123.44, or 4123.442 of the Revised Code; 1,765
(3) A rule proposed by an agency other than a board, 1,767
commission, department, division, or bureau of the government of 1,768
42
the state; 1,769
(4) A proposed internal management rule of a board, 1,771
commission, department, division, or bureau of the government of 1,772
the state; 1,773
(5) Any proposed rule that must be adopted verbatim by an 1,775
agency pursuant to federal law or rule, to become effective 1,776
within sixty days of adoption, in order to continue the operation 1,777
of a federally reimbursed program in this state, so long as the 1,778
proposed rule contains both of the following: 1,779
(a) A statement that it is proposed for the purpose of 1,781
complying with a federal law or rule; 1,782
(b) A citation to the federal law or rule that requires 1,784
verbatim compliance. 1,785
(6) An initial rule proposed by the director of health to 1,787
impose safety standards, quality-of-care standards, and 1,788
quality-of-care data reporting requirements with respect to a 1,789
health service specified in section 3702.11 of the Revised Code, 1,790
or an initial rule proposed by the director to impose quality 1,792
standards on a facility listed in division (A)(4) of section
3702.30 of the Revised Code, if section 3702.12 of the Revised 1,793
Code requires that the rule be adopted under this section; 1,794
If a rule is exempt from legislative review under division 1,796
(D)(5) of this section, and if the federal law or rule pursuant 1,797
to which the rule was adopted expires, is repealed or rescinded, 1,798
or otherwise terminates, the rule is thereafter subject to 1,799
legislative review under division (D) of this section. 1,800
(7) A rule of the state lottery commission pertaining to 1,802
instant game rules. 1,803
(E) Whenever a state board, commission, department, 1,805
division, or bureau files a proposed rule or a proposed rule in 1,806
revised form under division (D) of this section, it shall also 1,807
file one copy of the full text of the same proposed rule or 1,808
proposed rule in revised form IN BOTH PRINT AND ELECTRONIC FORM 1,809
with the secretary of state and two copies thereof with the 1,810
43
director of the legislative service commission. Except as 1,812
provided in division (F) of this section, a state board, 1,813
commission, department, division, or bureau shall attach a copy 1,814
of FILE the rule summary and fiscal analysis prepared under 1,816
section 121.24 or 127.18 of the Revised Code, or both, to each 1,817
copy of IN BOTH PRINT AND ELECTRONIC FORM ALONG WITH a proposed 1,818
rule or proposed rule in revised form that is filed with the 1,820
secretary of state or the director of the legislative service 1,821
commission.
(F) Except as otherwise provided in this division, the 1,823
auditor of state or the auditor of state's designee is not 1,824
required to attach FILE a rule summary and fiscal analysis to any 1,826
copy of ALONG WITH a proposed rule, or proposed rule in revised 1,828
form, that the auditor of state proposes under section 117.12, 1,830
117.19, 117.38, or 117.43 of the Revised Code and files under 1,831
division (D) or (E) of this section. If, however, the auditor of 1,832
state or the designee prepares a rule summary and fiscal analysis 1,833
of the original version of such a proposed rule for purposes of 1,834
complying with section 121.24 of the Revised Code, the auditor of 1,835
state or designee shall attach a copy of FILE the rule summary 1,836
and fiscal analysis to each copy of IN BOTH PRINT AND ELECTRONIC 1,837
FORM ALONG WITH the original version of the proposed rule filed 1,838
under division (D) or (E) of this section. 1,839
Sec. 117.20. (A) In adopting rules pursuant to Chapter 1,849
117. of the Revised Code, the auditor of state or the auditor of 1,850
state's designee shall do both of the following: 1,851
(1) Before adopting any such rule, except a rule of an 1,853
emergency nature, do each of the following: 1,854
(a) At least thirty-five days before any public hearing on 1,856
the proposed rule-making action, mail notice of the hearing to 1,857
each public office and to each statewide organization that the 1,858
auditor of state or designee determines will be affected or 1,860
represents persons who will be affected by the proposed 1,861
rule-making action;
44
(b) Mail a copy of the proposed rule to any person or 1,863
organization that requests a copy within five days after receipt 1,864
of the request; 1,865
(c) Consult with appropriate state and local government 1,867
agencies, or with persons representative of their interests, 1,868
including statewide organizations of local government officials, 1,869
and consult with accounting professionals and other interested 1,870
persons; 1,871
(d) Conduct, on the date and at the time and place 1,873
designated in the notice, a public hearing at which any person 1,874
affected by the proposed rule, including statewide organizations 1,875
of local government officials, may appear and be heard in person, 1,876
by attorney, or both, and may present the person's or 1,877
organization's position or contentions orally or in writing. 1,879
(2) Except as otherwise provided in division (A)(2) of 1,881
this section, comply with divisions (B) to (E) of section 111.15 1,882
of the Revised Code. The auditor of state is not required to 1,883
attach FILE a rule summary and fiscal analysis to ALONG WITH any 1,885
copy of a proposed rule, or proposed rule in revised form, that 1,886
is filed with the joint committee on agency rule review, the 1,887
secretary of state, or the director of the legislative service 1,888
commission under division (D) or (E) of section 111.15 of the 1,889
Revised Code; however, if the auditor of state or the auditor of 1,890
state's designee prepares a rule summary and fiscal analysis of 1,892
the original version of a proposed rule for purposes of complying 1,893
with section 121.24 of the Revised Code, the auditor of state or 1,894
designee shall attach FILE a copy of the rule summary and fiscal 1,896
analysis to each copy of IN BOTH PRINT AND ELECTRONIC FORM ALONG 1,897
WITH the original version of the proposed rule filed under 1,899
division (D) or (E) of section 111.15 of the Revised Code.
(B) The auditor of state shall diligently discharge the 1,901
duties imposed by divisions (A)(1)(a), (b), and (c) of this 1,902
section, but failure to mail any notice or copy of a proposed 1,903
rule, or to consult with any person or organization, shall not 1,904
45
invalidate any rule. 1,905
(C) Notwithstanding any contrary provision of the Revised 1,907
Code, the auditor of state may prepare and disseminate, to public 1,908
offices and other interested persons and organizations, advisory 1,909
bulletins, directives, and instructions relating to accounting 1,910
and financial reporting systems, budgeting procedures, fiscal 1,911
controls, and the constructions by the auditor of state of 1,912
constitutional and statutory provisions, court decisions, and 1,913
opinions of the attorney general. The bulletins, directives, and 1,914
instructions shall be of an advisory nature only. 1,915
(D) As used in this section, "rule" includes the adoption, 1,917
amendment, or rescission of a rule. 1,918
Sec. 119.03. In the adoption, amendment, or rescission of 1,920
any rule, an agency shall comply with the following procedure: 1,921
(A) Reasonable public notice shall be given in the 1,923
register of Ohio at least thirty days prior to the date set for a 1,925
hearing, in the form the agency determines. The agency shall 1,926
file copies of the public notice under division (B) of this 1,927
section. (The agency gives public notice in the register of Ohio 1,928
when the public notice is published in the register under that 1,929
division.)
The public notice shall include: 1,932
(1) A statement of the agency's intention to consider 1,934
adopting, amending, or rescinding a rule; 1,935
(2) A synopsis of the proposed rule, amendment, or rule to 1,937
be rescinded or a general statement of the subject matter to 1,938
which the proposed rule, amendment, or rescission relates; 1,939
(3) A statement of the reason or purpose for adopting, 1,941
amending, or rescinding the rule; 1,942
(4) The date, time, and place of a hearing on the proposed 1,944
action, which shall be not earlier than the thirty-first nor 1,946
later than the fortieth day after the proposed rule, amendment, 1,948
or rescission is filed under division (B) of this section. 1,949
In addition to public notice given in the register of Ohio, 1,952
46
the agency may give whatever other notice it reasonably considers 1,954
necessary to ensure notice constructively is given to all persons 1,955
who are subject to or affected by the proposed rule, amendment, 1,956
or rescission.
The agency shall provide a copy of the public notice 1,959
required under division (A) of this section to any person who 1,960
requests it and pays a reasonable fee, not to exceed the cost of 1,961
copying and mailing. 1,962
(B) One copy of the THE full text of the proposed rule, 1,964
amendment, or rule to be rescinded, accompanied by one copy of 1,965
the public notice required under division (A) of this section, 1,966
shall be filed IN BOTH PRINT AND ELECTRONIC FORM with the 1,967
secretary of state. Two copies of the full text of the proposed 1,969
rule, amendment, or rule to be rescinded, accompanied by two 1,970
copies of the public notice required under division (A) of this 1,971
section, shall be filed AND with the director of the legislative 1,972
service commission. (If in compliance with this division an 1,973
agency files more than one proposed rule, amendment, or 1,974
rescission at the same time, and has prepared a public notice 1,975
under division (A) of this section that applies to more than one 1,976
of the proposed rules, amendments, or rescissions, the agency 1,977
shall file only one copy of the notice with the secretary of 1,978
state and only two copies of the notice with the director for all 1,979
of the proposed rules, amendments, or rescissions to which the 1,980
notice applies.) The proposed rule, amendment, or rescission and 1,981
public notice shall be filed as required by this division at 1,982
least sixty-five days prior to the date on which the agency, in 1,983
accordance with division (D) of this section, issues an order 1,984
adopting the proposed rule, amendment, or rescission. 1,985
The proposed rule, amendment, or rescission shall be 1,988
available for at least thirty days prior to the date of the
hearing at the office of the agency in printed or other legible 1,989
form without charge to any person affected by the proposal. 1,990
Failure to furnish such text to any person requesting it shall 1,991
47
not invalidate any action of the agency in connection therewith. 1,992
If the agency files a substantive revision in the text of 1,994
the proposed rule, amendment, or rescission under division (H) of 1,995
this section, it shall also promptly file one copy of the full 1,996
text of the proposed rule, amendment, or rescission in its 1,997
revised form IN BOTH PRINT AND ELECTRONIC FORM with the secretary 1,998
of state and two copies thereof with the director of the 1,999
legislative service commission. 2,000
The agency shall attach a copy of FILE the rule summary and 2,003
fiscal analysis prepared under section 121.24 or 127.18 of the 2,004
Revised Code, or both, to each copy of IN BOTH PRINT AND 2,005
ELECTRONIC FORM ALONG WITH a proposed rule, amendment, or 2,006
rescission or proposed rule, amendment, or rescission in revised 2,008
form that is filed with the secretary of state or the director of 2,009
the legislative service commission.
The director of the legislative service commission shall 2,011
publish in the register of Ohio the full text of the original and 2,013
each revised version of a proposed rule, amendment, or 2,014
rescission; the full text of a public notice; and the full text 2,016
of a rule summary and fiscal analysis that is filed with the 2,017
director under this division.
(C) On the date and at the time and place designated in 2,019
the notice, the agency shall conduct a public hearing at which 2,020
any person affected by the proposed action of the agency may 2,021
appear and be heard in person, by the person's attorney, or both, 2,023
may present the person's position, arguments, or contentions, 2,024
orally or in writing, offer and examine witnesses, and present 2,026
evidence tending to show that the proposed rule, amendment, or 2,027
rescission, if adopted or effectuated, will be unreasonable or 2,028
unlawful. An agency may permit persons affected by the proposed 2,029
rule, amendment, or rescission to present their positions, 2,030
arguments, or contentions in writing, not only at the hearing, 2,031
but also for a reasonable period before, after, or both before 2,032
and after the hearing. A person who presents a position or 2,033
48
arguments or contentions in writing before or after the hearing 2,034
is not required to appear at the hearing. 2,035
At the hearing, the testimony shall be recorded. Such 2,037
record shall be made at the expense of the agency. The agency is 2,040
required to transcribe a record that is not sight readable only 2,041
if a person requests transcription of all or part of the record 2,042
and agrees to reimburse the agency for the costs of the 2,043
transcription. An agency may require the person to pay in 2,044
advance all or part of the cost of the transcription. 2,045
In any hearing under this section the agency may administer 2,047
oaths or affirmations. 2,048
(D) After complying with divisions (A), (B), (C), and (H) 2,050
of this section, and when the time for legislative review and 2,051
invalidation under division (I) of this section has expired, the 2,052
agency may issue an order adopting the proposed rule or the 2,053
proposed amendment or rescission of the rule, consistent with the 2,054
synopsis or general statement included in the public notice. At 2,055
that time the agency shall designate the effective date of the 2,056
rule, amendment, or rescission, which shall not be earlier than 2,057
the tenth day after the rule, amendment, or rescission has been 2,058
filed in its final form as provided in section 119.04 of the 2,059
Revised Code. 2,060
(E) Prior to the effective date of a rule, amendment, or 2,062
rescission, the agency shall make a reasonable effort to inform 2,063
those affected by the rule, amendment, or rescission and to have 2,064
available for distribution to those requesting it the full text 2,065
of the rule as adopted or as amended. 2,066
(F) If the governor, upon the request of an agency, 2,068
determines that an emergency requires the immediate adoption, 2,069
amendment, or rescission of a rule, the governor shall issue a 2,071
written AN order, a copy THE TEXT of which shall be filed IN BOTH 2,072
PRINT AND ELECTRONIC FORM with the AGENCY, THE secretary of 2,073
state, the director of the legislative service commission, and 2,074
the joint committee on agency rule review, that the procedure 2,075
49
prescribed by this section with respect to the adoption, 2,076
amendment, or rescission of a specified rule is suspended. The 2,077
agency may then adopt immediately the emergency rule, amendment, 2,078
or rescission and it becomes effective on the date copies of the 2,079
rule, amendment, or rescission, in final form and in compliance 2,080
with division (A)(2) of section 119.04 of the Revised Code, are 2,081
filed as follows: two certified copies of the emergency rule, 2,082
amendment, or rescission shall be filed IN BOTH PRINT AND 2,083
ELECTRONIC FORM with both the secretary of state and, the 2,085
director of the legislative service commission, and one certified 2,087
copy of the emergency rule, amendment, or rescission shall be 2,088
filed with the joint committee on agency rule review. If all 2,089
copies are not filed FILINGS ARE NOT COMPLETED on the same day, 2,090
the emergency rule, amendment, or rescission shall be effective 2,091
on the day on which the latest filing is made COMPLETED. The 2,092
director shall publish the full text of the emergency rule, 2,094
amendment, or rescission in the register of Ohio. 2,095
The emergency rule, amendment, or rescission shall become 2,098
invalid at the end of the ninetieth day it is in effect. Prior 2,099
to that date the agency may adopt the emergency rule, amendment, 2,100
or rescission as a nonemergency rule, amendment, or rescission by 2,101
complying with the procedure prescribed by this section for the 2,102
adoption, amendment, and rescission of nonemergency rules. The 2,103
agency shall not use the procedure of this division to readopt 2,104
the emergency rule, amendment, or rescission so that, upon the 2,105
emergency rule, amendment, or rescission becoming invalid under 2,106
this division, the emergency rule, amendment, or rescission will 2,107
continue in effect without interruption for another ninety-day 2,108
period.
This division does not apply to the adoption of any 2,110
emergency rule, amendment, or rescission by the tax commissioner 2,111
under division (C)(2) of section 5117.02 of the Revised Code. 2,112
(G) Rules adopted by an authority within the department of 2,114
taxation or the bureau of employment services shall be effective 2,115
50
without a hearing as provided by this section if the statutes 2,116
pertaining to such agency specifically give a right of appeal to 2,117
the board of tax appeals or to a higher authority within the 2,118
agency or to a court, and also give the appellant a right to a 2,119
hearing on such appeal. This division does not apply to the 2,120
adoption of any rule, amendment, or rescission by the tax 2,121
commissioner under division (C)(1) or (2) of section 5117.02 of 2,122
the Revised Code, or deny the right to file an action for 2,123
declaratory judgment as provided in Chapter 2721. of the Revised 2,124
Code from the decision of the board of tax appeals or of the 2,125
higher authority within such agency. 2,126
(H) When any agency files a proposed rule, amendment, or 2,128
rescission under division (B) of this section, it shall also file 2,129
IN BOTH PRINT AND ELECTRONIC FORM with the joint committee on 2,130
agency rule review two copies of the full text of the proposed 2,131
rule, amendment, or rule to be rescinded in the same form and two 2,133
copies of the public notice required under division (A) of this 2,134
section. (If in compliance with this division an agency files 2,135
more than one proposed rule, amendment, or rescission at the same 2,136
time, and has given a public notice under division (A) of this 2,137
section that applies to more than one of the proposed rules, 2,138
amendments, or rescissions, the agency shall file only two copies 2,139
of the ONE notice with the joint committee for all of the 2,141
proposed rules, amendments, or rescissions to which the notice 2,142
applies.) If the agency makes a substantive revision in a 2,143
proposed rule, amendment, or rescission after it is filed with 2,144
the joint committee, the agency shall promptly file two copies of 2,145
the full text of the proposed rule, amendment, or rescission in 2,146
its revised form IN BOTH PRINT AND ELECTRONIC FORM with the joint 2,147
committee. The latest version of a proposed rule, amendment, or 2,148
rescission as filed with the joint committee supersedes each 2,149
earlier version of the text of the same proposed rule, amendment, 2,150
or rescission. An agency shall attach one copy of FILE the rule 2,151
summary and fiscal analysis prepared under section 121.24 or 2,152
51
127.18 of the Revised Code, or both, to each copy of IN BOTH 2,153
PRINT AND ELECTRONIC FORM ALONG WITH a proposed rule, amendment, 2,154
or rescission, and to each copy of ALONG WITH a proposed rule, 2,156
amendment, or rescission in revised form, that is filed under 2,157
this division.
This division does not apply to: 2,159
(1) An emergency rule, amendment, or rescission; 2,161
(2) Any proposed rule, amendment, or rescission that must 2,163
be adopted verbatim by an agency pursuant to federal law or rule, 2,164
to become effective within sixty days of adoption, in order to 2,165
continue the operation of a federally reimbursed program in this 2,166
state, so long as the proposed rule contains both of the 2,167
following: 2,168
(a) A statement that it is proposed for the purpose of 2,170
complying with a federal law or rule; 2,171
(b) A citation to the federal law or rule that requires 2,173
verbatim compliance. 2,174
If a rule or amendment is exempt from legislative review 2,176
under division (H)(2) of this section, and if the federal law or 2,177
rule pursuant to which the rule or amendment was adopted expires, 2,178
is repealed or rescinded, or otherwise terminates, the rule or 2,179
amendment, or its rescission, is thereafter subject to 2,180
legislative review under division (H) of this section. 2,181
(I)(1) The joint committee on agency rule review may 2,183
recommend the adoption of a concurrent resolution invalidating a 2,184
proposed rule, amendment, rescission, or part thereof if it finds 2,185
any of the following: 2,186
(a) That the rule-making agency has exceeded the scope of 2,188
its statutory authority in proposing the rule, amendment, or 2,189
rescission; 2,190
(b) That the proposed rule, amendment, or rescission 2,192
conflicts with another rule, amendment, or rescission adopted by 2,193
the same or a different rule-making agency; 2,194
(c) That the proposed rule, amendment, or rescission 2,196
52
conflicts with the legislative intent in enacting the statute 2,197
under which the rule-making agency proposed the rule, amendment, 2,198
or rescission; 2,199
(d) That the rule-making agency has failed to prepare a 2,201
complete and accurate rule summary and fiscal analysis of the 2,202
proposed rule, amendment, or rescission as required by section 2,203
121.24 or 127.18 of the Revised Code, or both. 2,204
The joint committee shall not hold its public hearing on a 2,206
proposed rule, amendment, or rescission earlier than the 2,207
forty-first day after the original version of the proposed rule, 2,208
amendment, or rescission was filed with the joint committee. 2,209
The house of representatives and senate may adopt a 2,211
concurrent resolution invalidating a proposed rule, amendment, 2,212
rescission, or part thereof. The concurrent resolution shall 2,213
state which of the specific rules, amendments, rescissions, or 2,214
parts thereof are invalidated. A concurrent resolution 2,215
invalidating a proposed rule, amendment, or rescission shall be 2,216
adopted not later than the sixty-fifth day after the original 2,218
version of the text of the proposed rule, amendment, or 2,219
rescission is filed with the joint committee, except that if more 2,220
than thirty-five days after the original version is filed the 2,221
rule-making agency either files a revised version of the text of 2,222
the proposed rule, amendment, or rescission, or revises the rule 2,223
summary and fiscal analysis in accordance with division (I)(4) of 2,224
this section, a concurrent resolution invalidating the proposed 2,225
rule, amendment, or rescission shall be adopted not later than 2,226
the thirtieth day after the revised version of the proposed rule 2,228
or rule summary and fiscal analysis is filed. If, after the 2,229
joint committee on agency rule review recommends the adoption of 2,230
a concurrent resolution invalidating a proposed rule, amendment, 2,231
rescission, or part thereof, the house of representatives or 2,232
senate does not, within the time remaining for adoption of the 2,233
concurrent resolution, hold five floor sessions at which its 2,234
journal records a roll call vote disclosing a sufficient number 2,235
53
of members in attendance to pass a bill, the time within which 2,236
that house may adopt the concurrent resolution is extended until 2,237
it has held five such floor sessions. 2,238
Within five days after the adoption of a concurrent 2,240
resolution invalidating a proposed rule, amendment, rescission, 2,241
or part thereof, the clerk of the senate shall send the 2,242
rule-making agency, the secretary of state, and the director of 2,243
the legislative service commission a IN BOTH PRINT AND ELECTRONIC 2,244
FORM A certified copy TEXT of the resolution together with a 2,246
certification stating the date on which the resolution takes 2,247
effect. The secretary of state and the director of the 2,248
legislative service commission shall each note the invalidity of 2,249
the proposed rule, amendment, rescission, or part thereof on 2,250
their copies, and shall each remove the invalid proposed rule, 2,252
amendment, rescission, or part thereof from the file of proposed 2,253
rules. The rule-making agency shall not proceed to adopt in 2,254
accordance with division (D) of this section, or to file in 2,255
accordance with division (B)(1) of section 111.15 of the Revised 2,256
Code, any version of a proposed rule, amendment, rescission, or 2,257
part thereof that has been invalidated by concurrent resolution. 2,258
Unless the house of representatives and senate adopt a 2,260
concurrent resolution invalidating a proposed rule, amendment, 2,261
rescission, or part thereof within the time specified by this 2,262
division, the rule-making agency may proceed to adopt in 2,263
accordance with division (D) of this section, or to file in 2,264
accordance with division (B)(1) of section 111.15 of the Revised 2,265
Code, the latest version of the proposed rule, amendment, or 2,266
rescission as filed with the joint committee. If by concurrent 2,267
resolution certain of the rules, amendments, rescissions, or 2,268
parts thereof are specifically invalidated, the rule-making 2,269
agency may proceed to adopt, in accordance with division (D) of 2,270
this section, or to file in accordance with division (B)(1) of 2,271
section 111.15 of the Revised Code, the latest version of the 2,272
proposed rules, amendments, rescissions, or parts thereof as 2,273
54
filed with the joint committee that are not specifically 2,274
invalidated. The rule-making agency may not revise or amend any 2,275
proposed rule, amendment, rescission, or part thereof that has 2,276
not been invalidated except as provided in this chapter or in 2,277
section 111.15 of the Revised Code. 2,278
(2)(a) A proposed rule, amendment, or rescission that is 2,280
filed with the joint committee under division (H) of this section 2,281
or division (D) of section 111.15 of the Revised Code shall be 2,282
carried over for legislative review to the next succeeding 2,283
regular session of the general assembly if the original or any 2,284
revised version of the proposed rule, amendment, or rescission is 2,285
filed with the joint committee on or after the first day of 2,286
December of any year. 2,287
(b) The latest version of any proposed rule, amendment, or 2,289
rescission that is subject to division (I)(2)(a) of this section, 2,290
as filed with the joint committee, is subject to legislative 2,291
review and invalidation in the next succeeding regular session of 2,292
the general assembly in the same manner as if it were the 2,293
original version of a proposed rule, amendment, or rescission 2,294
that had been filed with the joint committee for the first time 2,295
on the first day of the session. A rule-making agency shall not 2,296
adopt in accordance with division (D) of this section, or file in 2,297
accordance with division (B)(1) of section 111.15 of the Revised 2,298
Code, any version of a proposed rule, amendment, or rescission 2,299
that is subject to division (I)(2)(a) of this section until the 2,300
time for legislative review and invalidation, as contemplated by 2,301
division (I)(2)(b) of this section, has expired. 2,302
(3) Invalidation of any version of a proposed rule, 2,304
amendment, rescission, or part thereof by concurrent resolution 2,305
shall prevent the rule-making agency from instituting or 2,306
continuing proceedings to adopt any version of the same proposed 2,307
rule, amendment, rescission, or part thereof for the duration of 2,308
the general assembly that invalidated the proposed rule, 2,309
amendment, rescission, or part thereof unless the same general 2,310
55
assembly adopts a concurrent resolution permitting the 2,311
rule-making agency to institute or continue such proceedings. 2,312
The failure of the general assembly to invalidate a 2,314
proposed rule, amendment, rescission, or part thereof under this 2,315
section shall not be construed as a ratification of the 2,316
lawfulness or reasonableness of the proposed rule, amendment, 2,317
rescission, or any part thereof or of the validity of the 2,318
procedure by which the proposed rule, amendment, rescission, or 2,319
any part thereof was proposed or adopted. 2,320
(4) In lieu of recommending a concurrent resolution to 2,322
invalidate a proposed rule, amendment, rescission, or part 2,323
thereof because the rule-making agency has failed to prepare a 2,324
complete and accurate fiscal analysis, the joint committee on 2,325
agency rule review may issue, on a one-time basis, for rules, 2,326
amendments, rescissions, or parts thereof that have a fiscal 2,327
effect on school districts, counties, townships, or municipal 2,328
corporations, a written finding that the rule summary and fiscal 2,329
analysis is incomplete or inaccurate and order the rule-making 2,330
agency to revise the rule summary and fiscal analysis and refile 2,331
it with the proposed rule, amendment, rescission, or part 2,332
thereof. If an emergency rule is filed as a nonemergency rule 2,333
before the end of the ninetieth day of the emergency rule's 2,334
effectiveness, and the joint committee issues a finding and 2,335
orders the rule-making agency to refile under division (I)(4) of 2,336
this section, the governor may also issue a written AN order 2,337
stating that the emergency rule shall remain in effect for an 2,339
additional sixty days after the ninetieth day of the emergency 2,340
rule's effectiveness. Copies of the THE governor's written 2,341
orders shall be filed in accordance with division (F) of this 2,343
section. The joint committee shall send IN BOTH PRINT AND 2,344
ELECTRONIC FORM TO the rule-making agency, the secretary of 2,345
state, and the director of the legislative service commission a 2,346
certified copy TEXT of the FINDING AND order to revise the rule 2,348
summary and fiscal analysis, which shall take immediate effect. 2,349
56
A written AN order issued under division (I)(4) of this 2,351
section shall prevent the rule-making agency from instituting or 2,352
continuing proceedings to adopt any version of the proposed rule, 2,353
amendment, rescission, or part thereof until the rule-making 2,354
agency revises the rule summary and fiscal analysis and refiles 2,355
it IN BOTH PRINT AND ELECTRONIC FORM with the joint committee 2,356
along with the proposed rule, amendment, rescission, or part 2,358
thereof. If the joint committee finds the rule summary and 2,359
fiscal analysis to be complete and accurate, the joint committee 2,360
shall issue a new written order noting that the rule-making 2,361
agency has revised and refiled a complete and accurate rule 2,362
summary and fiscal analysis. The joint committee shall send IN 2,363
BOTH PRINT AND ELECTRONIC FORM TO the rule-making agency, the 2,364
secretary of state, and the director of the legislative service 2,365
commission a certified copy TEXT of this new order. The 2,366
secretary of state and the director of the legislative service 2,368
commission shall each attach AND LINK this order to their copies 2,369
of the proposed rule, amendment, rescission, or part thereof. 2,370
The rule-making agency may then proceed to adopt in accordance 2,371
with division (D) of this section, or to file in accordance with 2,372
division (B)(1) of section 111.15 of the Revised Code, the 2,373
proposed rule, amendment, rescission, or part thereof that was 2,374
subject to the written finding and order under division (I)(4) of 2,375
this section. If the joint committee determines that the revised 2,376
rule summary and fiscal analysis is still inaccurate or 2,377
incomplete, the joint committee shall recommend the adoption of a 2,378
concurrent resolution in accordance with division (I)(1) of this 2,379
section.
Sec. 119.031. (A) The chairman CHAIRPERSON of the joint 2,388
committee on agency rule review shall compare each rule, 2,390
amendment, or rescission as filed in final form with the latest 2,391
version of the same rule, amendment, or rescission as filed in 2,392
proposed form.
(B) If, upon making the comparison required by division 2,394
57
(A) of this section, the chairman CHAIRPERSON of the joint 2,395
committee on agency rule review finds that the rule-making agency 2,397
has made a substantive revision in the rule, amendment, or 2,398
rescission between the time it filed the latest version of the 2,399
rule, amendment, or rescission in proposed form and the time it 2,400
filed the rule, amendment, or rescission in final form, he THE 2,401
CHAIRPERSON shall promptly notify the rule-making agency, the 2,403
secretary of state, and the director of the legislative service 2,404
commission in writing BOTH PRINT AND ELECTRONIC FORM of his THAT 2,405
finding.
(C) The joint committee on agency rule review shall review 2,407
any rule, amendment, or rescission as filed in final form if, 2,408
under division (B) of this section, it is found to contain a 2,409
substantive revision. The joint committee may do either or both 2,410
of the following: 2,411
(1) If the joint committee makes any of the findings 2,413
stated in division (I)(1)(a), (b), or (c) of section 119.03 of 2,414
the Revised Code, it may suspend the rule, amendment, rescission, 2,415
or any part thereof. The suspension shall remain in effect until 2,416
the time for legislative review and invalidation has expired 2,417
under division (D) of this section, or until the general assembly 2,418
adopts a concurrent resolution invalidating the rule, amendment, 2,419
rescission, or any part thereof, whichever occurs first. The 2,420
chairman CHAIRPERSON of the joint committee shall promptly notify 2,422
the rule-making agency, the secretary of state, and the director 2,423
of the legislative service commission in writing BOTH PRINT AND 2,424
ELECTRONIC FORM of the suspension. 2,425
(2) The joint committee may recommend the adoption of a 2,427
concurrent resolution invalidating the rule, amendment, 2,428
rescission, or any part thereof if it makes any of the findings 2,429
stated in division (I)(1)(a), (b), or (c) of section 119.03 of 2,430
the Revised Code. 2,431
(D) A rule, amendment, or rescission that, under division 2,433
(B) of this section, is found to contain a substantive revision 2,434
58
shall nevertheless become effective pursuant to division (B)(1) 2,435
of section 111.15, division (A)(1) of section 119.04, division 2,436
(B)(1) of section 4141.14, or division (A) of section 5703.14 of 2,437
the Revised Code and remain in effect as filed in final form 2,438
unless: 2,439
(1) Under division (C)(1) of this section, the joint 2,441
committee suspends the rule, amendment, rescission, or any part 2,442
thereof; or 2,443
(2) Prior to the sixtieth day after the rule, amendment, 2,445
or rescission was filed in final form, the house of 2,446
representatives and senate adopt a concurrent resolution 2,447
invalidating the rule, amendment, rescission, or any part 2,448
thereof. If, after the joint committee on agency rule review 2,449
recommends the adoption of a concurrent resolution invalidating 2,450
the rule, amendment, rescission, or part thereof, the house of 2,451
representatives or senate does not, within the time remaining for 2,452
adoption of the concurrent resolution, hold five floor sessions 2,453
at which its journal records a roll call vote disclosing a 2,454
sufficient number of members in attendance to pass a bill, the 2,455
time within which that house may adopt the concurrent resolution 2,456
is extended until it has held five such floor sessions. 2,457
Upon the adoption of such a concurrent resolution, the 2,459
clerk of the senate shall, within five days thereafter, send the 2,460
rule-making agency, the secretary of state, and the director of 2,461
the legislative service commission, IN BOTH PRINT AND ELECTRONIC 2,462
FORM, a certified copy of the resolution together with a 2,464
certification stating the date on which the resolution takes 2,465
effect. The secretary of state and the director shall each note 2,466
the invalidity of the rule, amendment, rescission, or part 2,467
thereof on his copy, and shall remove the invalid rule, 2,469
amendment, rescission, or part thereof from the file of current 2,470
rules. The director shall also indicate in the Ohio 2,471
administrative code that the rule, amendment, rescission, or part 2,472
thereof is invalid and the date of invalidation. The rule-making 2,473
59
agency shall make appropriate adjustments to reflect the 2,474
invalidity of the rule, amendment, rescission, or part thereof. 2,475
(E) Invalidation of a rule, amendment, rescission, or part 2,477
thereof under this section shall prevent the rule-making agency 2,478
from instituting proceedings to readopt any version of the same 2,479
rule, amendment, rescission, or part thereof for the duration of 2,480
the general assembly that invalidated the rule, amendment, 2,481
rescission, or part thereof unless the same general assembly 2,482
adopts a concurrent resolution permitting the rule-making agency 2,483
to institute such proceedings. 2,484
(F) The failure of the general assembly to invalidate a 2,486
rule, amendment, rescission, or part thereof under this section 2,487
shall not be construed as a ratification of the lawfulness or 2,488
reasonableness of the rule, amendment, rescission, or any part 2,489
thereof or of the validity of the procedure by which the rule, 2,490
amendment, rescission, or any part thereof was adopted. 2,491
(G) As used in this section, a rule, amendment, or 2,493
rescission is filed: 2,494
(1) "In proposed form" when it is filed in such form with 2,496
the joint committee under division (D) of section 111.15 or 2,497
division (H) of section 119.03 of the Revised Code; 2,498
(2) "In final form" when it is filed in such form with the 2,500
joint committee under division (B)(1)(b) of section 111.15, 2,501
division (A)(1)(b) of section 119.04, division (B)(1)(b) of 2,502
section 4141.14, or division (A)(2) of section 5703.14 of the 2,503
Revised Code. 2,504
Sec. 119.032. (A) As used in this section: 2,513
(1) "Agency" includes both an agency as defined in 2,515
division (A)(2) of section 111.15 and an agency as defined in 2,516
division (A) of section 119.01 of the Revised Code. 2,517
(2) "Review date" means the review date assigned to a rule 2,519
by an agency under division (B) or (E)(2) of this section or 2,520
under section 111.15, 119.04, or 4141.14 of the Revised Code or a 2,523
review date assigned to a rule by the joint committee on agency
60
rule review under division (B) of this section. 2,524
(3)(a) "Rule" means only a rule whose adoption, amendment, 2,526
or rescission is subject to review under division (D) of section 2,529
111.15 or division (H) of section 119.03 of the Revised Code. 2,530
(b) "Rule" does not include a rule adopted, amended, or 2,533
rescinded by the department of taxation under section 5703.14 of
the Revised Code, a rule of a state college or university, 2,534
community college district, technical college district, or state 2,535
community college, or a rule that is consistent with and 2,536
equivalent to the form required by a federal law and that does 2,537
not exceed the minimum scope and intent of that federal law. 2,538
(B) Within one hundred eighty days after the effective 2,541
date of this section, each agency shall assign a review date to 2,542
each of its rules that is currently in effect and shall notify
the joint committee on agency rule review of the review date for 2,544
each such rule. The agency shall assign review dates to its
rules so that approximately one-fifth of the rules are scheduled 2,545
for review during each calendar year of the five-year period that 2,546
begins one hundred eighty days after the effective date of this 2,547
section, except that an agency, with the joint committee's 2,548
approval, may set a review schedule for the agency's rules in 2,549
which there is no requirement that approximately one-fifth of the 2,550
agency's rules be assigned a review date during each calendar
year of the five-year period but in which all of the agency's 2,551
rules are assigned a review date during that five-year period. 2,552
An agency may change the review dates it has assigned to specific 2,553
rules so long as the agency complies with the five-year time 2,554
deadline specified in this division. Upon the request of the 2,556
agency that adopted the rule, the joint committee on agency rule
review may assign a review date to a rule that is not later than 2,558
one hundred twenty days after the original review date assigned 2,559
to the rule by the agency under this division, division (E)(2) of 2,560
this section, or section 111.15, 119.04, or 4141.14 of the 2,561
Revised Code. The joint committee may extend for not longer than 2,562
61
sixty days a review date it has assigned to a rule under this 2,563
division.
(C) Prior to the review date of a rule, the agency that 2,566
adopted the rule shall review the rule to determine all of the
following: 2,567
(1) Whether the rule should be continued without 2,569
amendment, be amended, or be rescinded, taking into consideration 2,570
the purpose, scope, and intent of the statute under which the 2,571
rule was adopted;
(2) Whether the rule needs amendment or rescission to give 2,573
more flexibility at the local level; 2,575
(3) Whether the rule needs amendment or rescission to 2,577
eliminate unnecessary paperwork; 2,579
(4) Whether the rule duplicates, overlaps with, or 2,581
conflicts with other rules. 2,582
(D) In making the review required under division (C) of 2,585
this section, the agency shall consider the continued need for 2,586
the rule, the nature of any complaints or comments received 2,587
concerning the rule, and any relevant factors that have changed 2,588
in the subject matter area affected by the rule.
(E)(1) At least ninety days before the designated review 2,591
date of a rule, the agency that adopted the rule shall provide 2,592
the joint committee on agency rule review with a notice under
division (E)(2) of this section IN BOTH PRINT AND ELECTRONIC FORM 2,593
indicating that the agency has reviewed the rule. 2,595
(2) If the agency has determined that the rule does not 2,597
need to be amended or rescinded, the notice shall state the 2,598
agency's determination, provide an accurate rule summary and 2,599
fiscal analysis for the rule as described in section 127.18 of 2,600
the Revised Code, and assign a new review date to the rule, which 2,602
shall not be later than five years after the rule's immediately
preceding review date. After the joint committee has reviewed 2,604
such a rule for the first time, including any rule that was in
effect on the effective date of this section, the agency in its 2,605
62
subsequent reviews of the rule may provide the same fiscal 2,606
analysis it provided to the joint committee during its 2,607
immediately preceding review of the rule unless any of the 2,608
conditions described in division (B)(4), (5), (6), (8), (9), or 2,609
(10) of section 127.18 of the Revised Code, as they relate to the 2,611
rule, have appreciably changed since the joint committee's 2,612
immediately preceding review of the rule. If any of these 2,613
conditions, as they relate to the rule, have appreciably changed, 2,614
the agency shall provide the joint committee with an updated 2,615
fiscal analysis for the rule. If no review date is assigned to a
rule, or if a review date assigned to a rule exceeds the 2,616
five-year maximum, the review date for the rule is five years 2,618
after its immediately preceding review date. The joint committee 2,619
shall give public notice in the register of Ohio of the agency's 2,620
determination after receiving a notice from the agency under 2,621
division (E)(2) of this section. The joint committee shall 2,623
transmit a copy of the notice IN BOTH PRINT AND ELECTRONIC FORM 2,624
to the director of the legislative service commission. The 2,625
director shall publish the notice in the register of Ohio for 2,626
four consecutive weeks after its receipt. 2,627
(3) During the ninety-day period following the date the 2,629
joint committee receives a notice under division (E)(2) of this 2,631
section but after the four-week period described in division
(E)(2) of this section has ended, the joint committee, by a 2,632
two-thirds vote of the members present, may recommend the 2,633
adoption of a concurrent resolution invalidating the rule if the 2,634
joint committee determines that either of the following applies: 2,635
(a) The agency improperly applied the criteria described 2,638
in divisions (C) and (D) of this section in reviewing the rule 2,639
and in recommending its continuance without amendment or 2,640
rescission.
(b) The agency failed to file proper notice with the joint 2,643
committee regarding the rule.
(4) If the joint committee does not take the action 2,645
63
described in division (E)(3) of this section regarding a rule 2,647
during the ninety-day period after the date the joint committee
receives a notice under division (E)(2) of this section regarding 2,649
that rule, the rule shall continue in effect without amendment
and shall be next reviewed by the joint committee by the date 2,650
designated by the agency in the notice provided to the joint 2,651
committee under division (E)(2) of this section. 2,652
(5) If the agency has determined that a rule reviewed 2,654
under division (C) of this section needs to be amended or 2,656
rescinded, the agency, at least ninety days before the rule's 2,657
review date, shall file the rule as amended or rescinded in
accordance with section 111.15, 119.03, or 4141.14 of the Revised 2,658
Code, as applicable. 2,659
(6) Within one hundred eighty days after the effective 2,661
date of this section, each agency shall provide the joint 2,662
committee with a list of the rules that it has determined are 2,663
rules described in division (A)(3)(b) of this section. At a time 2,664
the joint committee designates, each agency shall appear before 2,665
the joint committee and explain why it has determined that such 2,666
rules are rules described in division (A)(3)(b) of this section. 2,667
The joint committee, by a two-thirds vote of the members present, 2,668
may determine that any of such rules are rules described in 2,669
division (A)(3)(a) of this section. After the joint committee 2,670
has made such a determination relating to a rule, the agency 2,672
shall thereafter treat the rule as a rule described in division 2,673
(A)(3)(a) of this section.
(F) If an agency fails to provide the notice to the joint 2,676
committee required under division (E)(2) of this section 2,677
regarding a rule or otherwise fails by the rule's review date to 2,678
take any action regarding the rule required by this section, the 2,679
joint committee, by a majority vote of the members present, may 2,680
recommend the adoption of a concurrent resolution invalidating 2,681
the rule. The joint committee shall not recommend the adoption
of such a resolution until it has afforded the agency the 2,682
64
opportunity to appear before the joint committee to show cause 2,683
why the joint committee should not recommend the adoption of such 2,684
a resolution regarding that rule. 2,685
(G) If the joint committee recommends adoption of a 2,688
concurrent resolution invalidating a rule under division (E)(3) 2,689
or (F) of this section, the adoption of the concurrent resolution 2,690
shall be in the manner described in division (I) of section 2,691
119.03 of the Revised Code. 2,692
Sec. 119.0311. Each agency shall prepare and publish, and 2,695
as it becomes necessary or advisable, revise and republish, a 2,696
guide to its rule-making process that functions generally to 2,697
assist members of the public who participate, or who may wish to 2,698
participate, in the agency's rule-making. The agency's guide is 2,699
to include: 2,700
(A) A statement of the agency's regulatory mission; 2,703
(B) A description of how the agency is organized to 2,706
achieve its regulatory mission;
(C) An explanation of rule-making the agency is authorized 2,709
or required to engage in to achieve its regulatory mission; 2,710
(D) An explanation of the agency's rule-making process; 2,713
(E) An indication of the points in the agency's 2,716
rule-making process at which members of the public can 2,717
participate;
(F) An explanation of how members of the public can 2,720
participate in the agency's rule-making process at each indicated 2,721
point of participation; and 2,722
(G) Other information the agency reasonably concludes will 2,725
assist members of the public meaningfully to participate in the 2,726
agency's rule-making. 2,727
An agency's guide is not to be adopted as a rule, but 2,729
rather as a narrative explanation of the matters outlined in this 2,731
section. An agency's failure to conform its rule-making process 2,732
to its guide is not cause for invalidating a rule, amendment, or 2,733
rescission adopted by the agency.
65
The agency shall publish or republish its guide both in the 2,737
register of Ohio and as a printed pamphlet.
The agency shall submit a copy of its guide, in pamphlet or 2,739
preferably AND in electronic form, to the director of the 2,741
legislative service commission. The director thereupon shall 2,742
publish the agency's guide in the register of Ohio. 2,743
The agency shall provide a copy of its pamphlet guide to 2,745
any person upon request. The agency may charge the person a fee 2,746
for this service, but the fee is not to exceed the per copy cost 2,747
of producing the pamphlet guide and the actual cost of delivering 2,748
it to the person. 2,749
Sec. 119.04. (A)(1) Any rule adopted by any agency shall 2,758
be effective on the tenth day after the day on which the rule in 2,759
final form and in compliance with division (A)(2) of this section 2,760
is filed as follows: 2,761
(a) Two certified copies of the THE rule shall be filed IN 2,763
BOTH PRINT AND ELECTRONIC FORM with both the secretary of state 2,765
and the director of the legislative service commission; 2,766
(b) Two certified copies of the THE rule shall be filed IN 2,768
BOTH PRINT AND ELECTRONIC FORM with the joint committee on agency 2,770
rule review. Division (A)(1)(b) of this section does not apply 2,771
to any rule to which division (H) of section 119.03 of the 2,772
Revised Code does not apply.
If all copies are not filed FILINGS ARE NOT COMPLETED on 2,774
the same day, the rule shall be effective on the tenth day after 2,776
the day on which the latest filing is made COMPLETED. If an 2,777
agency in adopting a rule designates an effective date that is 2,779
later than the effective date provided for by this division, the 2,780
rule if filed as required by this division shall become effective 2,781
on the later date designated by the agency. 2,782
An agency that adopts or amends a rule that is subject to 2,784
division (H) of section 119.03 of the Revised Code shall assign a 2,786
review date to the rule that is not later than five years after 2,787
its effective date. If no review date is assigned to a rule, or
66
if a review date assigned to a rule exceeds the five-year 2,788
maximum, the review date for the rule is five years after its 2,789
effective date. A rule with a review date is subject to review 2,790
under section 119.032 of the Revised Code. This paragraph does 2,791
not apply to the department of taxation. 2,792
(2) The agency shall file the rule in compliance with the 2,794
following standards and procedures: 2,795
(a) The rule shall be numbered in accordance with the 2,797
numbering system devised by the director for the Ohio 2,798
administrative code. 2,799
(b) The rule shall be prepared and submitted in compliance 2,801
with the rules of the legislative service commission. 2,802
(c) The rule shall clearly state the date on which it is 2,804
to be effective and the date on which it will expire, if known. 2,805
(d) Each rule that amends or rescinds another rule shall 2,807
clearly refer to the rule that is amended or rescinded. Each 2,808
amendment shall fully restate the rule as amended. 2,809
If the director of the legislative service commission or 2,811
the director's designee gives an agency written notice pursuant 2,812
to section 103.05 of the Revised Code that a rule filed by the 2,814
agency is not in compliance with the rules of the commission, the 2,815
agency shall within thirty days after receipt of the notice 2,816
conform the rule to the rules of the commission as directed in 2,817
the notice.
(3) As used in this section, "rule" includes an amendment 2,819
or rescission of a rule. 2,820
(B) The secretary of state and the director shall preserve 2,822
the rules filed under division (A)(1)(a) of this section in an 2,823
accessible manner. Each such rule shall be a public record open 2,824
to public inspection and may be lent TRANSMITTED to any law 2,825
publishing company that wishes to reproduce it. 2,827
Any rule that has been adopted in compliance with section 2,829
119.03 of the Revised Code and that is in effect before January 2,830
1, 1977, may be divided into sections, numbered, provided with a 2,831
67
subject heading, and filed with the secretary of state and the 2,832
director to comply with the provisions of this section without 2,833
carrying out the adoption procedure required by section 119.03 of 2,834
the Revised Code. The codification of existing rules to comply 2,835
with this section shall not constitute adoption, amendment, or 2,836
rescission. 2,837
Sec. 121.24. (A) As used in this section: 2,847
(1) "Agency" means any agency as defined in division 2,849
(A)(2) of section 111.15 or division (A) of section 119.01 of the 2,850
Revised Code. 2,851
(2) "Employee" means a person who is employed by a small 2,853
business or small organization for at least one thousand eight 2,854
hundred hours per year. 2,855
(3) A rule is "filed in final form" when it is filed with 2,857
the secretary of state, the director of the legislative service 2,858
commission, and the joint committee on agency rule review under 2,859
division (B)(1) of section 111.15, division (A)(1) of section 2,860
119.04, division (B)(1) of section 4141.14, or division (A) of 2,861
section 5703.14 of the Revised Code. 2,862
(4) "History trail" means the supplementary information 2,864
required to be provided on each copy of a proposed rule, which 2,865
information is not part of the text of the rule, and sets forth 2,866
the statute prescribing the procedure in accordance with which 2,867
the proposed rule is required to be adopted, the statute that 2,868
authorizes the agency to adopt the proposed rule, the statute 2,869
that the agency intends to amplify or implement by adopting the 2,870
proposed rule, the effective dates of any previous versions of 2,871
the rule that is the subject of the proposal, and other similar 2,872
information as prescribed in rules of the legislative service 2,873
commission. 2,874
(5) "Individual" means any individual who is affected by a 2,876
rule in the individual's capacity as an officer or employee of a 2,878
small business or small organization. 2,879
(6) "Rule summary and fiscal analysis" means a rule 2,881
68
summary and fiscal analysis of a proposed rule that provides the 2,882
information required by division (B) of section 127.18 of the 2,883
Revised Code, and that has been prepared in the form prescribed 2,884
by the joint committee on agency rule review under division (E) 2,885
of that section. 2,886
(7) "Rate" means any rate, classification, fare, toll, 2,888
rental, or charge of a public utility. 2,889
(8) "Rule" means any rule, regulation, or standard having 2,891
a general and uniform operation, including any appendix thereto, 2,892
that is adopted, promulgated, and enforced by an agency under the 2,893
authority of the laws governing the agency. "Rule" includes the 2,894
adoption of a new rule or the amendment or rescission of an 2,895
existing rule. "Rule" does not include any of the following: 2,896
(a) A rule proposed under section 1121.05, 1121.06, 2,898
1155.18, or 1163.22 of the Revised Code; 2,899
(b) A rule governing the internal management of an agency 2,901
that does not affect private rights; 2,902
(c) A rule authorized by law to be issued as a temporary 2,904
written order; 2,905
(d) Except as otherwise provided in division (A)(8)(d) of 2,907
this section, a rule or order, whether of a quasi-legislative or 2,908
quasi-judicial nature, proposed by the public utilities 2,909
commission. Any rule or order, whether of a quasi-legislative or 2,910
quasi-judicial nature, proposed by the public utilities 2,911
commission that determines a rate of a public utility to be just 2,912
and reasonable is a "rule" for purposes of this section, unless 2,913
the rule or order contains findings that the public utility, in 2,914
applying for approval of the rate under section 4909.18 of the 2,915
Revised Code, stated facts and grounds sufficient for the 2,916
commission to determine that the proposed rate was just and 2,917
reasonable. 2,918
(e) A proposed rule, the adoption of which is mandated by 2,920
a federal law or rule, and which must be adopted substantially as 2,921
prescribed by federal law or rule, to become effective within one 2,922
69
hundred twenty days of adoption, so long as the history trail of 2,923
the proposed rule contains a statement that it is proposed for 2,924
the purpose of complying with a federal law or rule and a 2,925
citation to the federal law or rule that mandates substantial 2,926
compliance; 2,927
(9) "Small business" means an independently owned and 2,929
operated business having fewer than four hundred employees. 2,930
(10) "Small organization" means an unincorporated 2,932
association, sheltered workshop, or nonprofit enterprise having 2,933
fewer than four hundred employees. This definition is not 2,934
limited to the types of small organizations expressly mentioned, 2,935
and includes all other types of small organizations, so long as 2,936
such organizations have fewer than four hundred employees. 2,937
(B) If an agency intends to adopt a rule, and reasonably 2,939
believes that the proposed rule, if adopted, will be likely to 2,940
affect individuals, small businesses, or small organizations, the 2,941
agency shall comply with the following procedure in adopting the 2,942
rule, in addition to any other procedure required by section 2,943
111.15, 117.16, 119.03, 119.032, 119.04, 127.18, 4141.14, or 2,944
5117.02 of the Revised Code or any other statute of this state: 2,946
(1) The agency shall prepare a complete and accurate rule 2,948
summary and fiscal analysis of the original version of the 2,949
proposed rule. 2,950
(2) After complying with division (B)(1) of this section, 2,952
and at least sixty days before the agency files the proposed rule 2,953
in final form, the agency shall file with the office of small 2,954
business, one copy of IN BOTH PRINT AND ELECTRONIC FORM, the full 2,956
text of the original version of the proposed rule and one copy of 2,957
the rule summary and fiscal analysis of such proposed rule. 2,958
(3) During a period commencing on the date the original 2,960
version of the proposed rule is filed pursuant to division (B)(2) 2,961
of this section and ending forty days thereafter: 2,962
(a) The chairperson of the standing committee of the 2,964
senate or house of representatives having jurisdiction over 2,966
70
individuals, small businesses, or small organizations, or any 2,967
other person having an interest in the proposed rule, may submit 2,968
written comments IN BOTH PRINT AND ELECTRONIC FORM to the agency, 2,969
to the joint committee on agency rule review, or to both, 2,971
concerning the expected effect of the proposed rule, if adopted, 2,972
upon individuals, small businesses, and small organizations. The 2,973
agency and joint committee shall accept all such timely submitted 2,974
written comments.
(b) The chairperson of the standing committee of the 2,976
senate or house of representatives having jurisdiction over 2,978
individuals, small businesses, or small organizations, IN BOTH 2,979
PRINT AND ELECTRONIC FORM, may request the agency to appear 2,981
before the committee and testify, answer questions asked by 2,982
members of the committee, and produce information in the 2,983
possession of the agency as requested by the committee, 2,984
concerning the expected effect of the proposed rule, if adopted, 2,985
upon individuals, small businesses, or small organizations. Upon 2,986
receipt of a request from the chairperson of the appropriate 2,988
standing committee of the senate or house of representatives 2,989
under division (B)(3)(b) of this section, the agency shall 2,990
designate an officer or employee of the agency to appear before 2,991
the committee, and shall otherwise comply with the request, in 2,992
the manner directed by the request.
(4) The agency shall not proceed to file the proposed rule 2,994
in final form until it has considered any written comments timely 2,995
submitted to it under division (B)(3)(a) of this section, has 2,996
identified the issues raised by the comments, has assessed the 2,997
proposed rule in light of the issues raised by the comments, and 2,998
has made such revisions in the proposed rule as it considers 2,999
advisable in light of its assessment. 3,000
An agency is not required to put any revised version of a 3,002
proposed rule through the procedure of divisions (B)(1) to (4) of 3,003
this section. 3,004
(C) Any original version of a proposed rule, rule summary 3,006
71
and fiscal analysis, or written comment filed or submitted under 3,007
division (B) of this section shall be preserved by the agency 3,008
with which it is filed or to which it is submitted, and is a 3,009
public record open to public inspection. 3,010
(D) Each agency shall prepare a plan that provides for the 3,012
periodic review, at least once every five years, of each rule of 3,013
the agency that is not otherwise subject to review under section 3,014
119.032 of the Revised Code and that affects individuals, small 3,015
businesses, or small organizations. The purpose of each periodic 3,016
review shall be to determine whether the rule that is being 3,017
reviewed should be continued without change or amended or 3,018
rescinded, consistent with the purpose, scope, and intent of the 3,019
applicable statute authorizing adoption of the rule, so as to 3,020
minimize the economic impact of the rule upon individuals, small 3,021
businesses, or small organizations. Accordingly, in making each 3,022
periodic review of a rule, the agency shall consider the 3,023
continued need for the rule, the nature of any written complaints 3,024
or comments that the agency has received with regard to the rule, 3,025
the extent to which the rule duplicates, overlaps, or conflicts 3,026
with other currently effective rules, and the degree to which 3,027
technology, economic conditions, and other relevant factors have 3,028
changed in the area affected by the rule. 3,029
Each agency shall annually report to the governor and 3,031
general assembly, with regard to each of its rules that have been 3,032
reviewed under this division during the preceding calendar year, 3,033
the title and administrative code rule number of the rule, a 3,034
brief summary of the content and operation of the rule, and a 3,035
brief summary of the results of the review. If the agency is 3,036
otherwise required to make an annual report to the governor and 3,037
general assembly, the agency shall report this information in an 3,038
appropriately designated section of its annual report, WHETHER 3,039
ITS ANNUAL REPORT IS IN PRINT OR ELECTRONIC FORM OR BOTH. If, 3,040
however, the agency is not otherwise required to make an annual 3,041
report to the governor and general assembly, the agency, on or 3,042
72
before the first day of February, shall report this information 3,043
in a separate report, IN BOTH PRINT AND ELECTRONIC FORM, to the 3,045
governor and general assembly. In addition to the submissions 3,047
required by section 101.68 of the Revised Code, and in addition 3,048
to any requirement of that section to submit notice of the 3,049
availability of a report instead of copies of the report, the 3,050
agency shall submit copies of its annual or separate report IN 3,051
BOTH PRINT AND ELECTRONIC FORM, which provides the information 3,052
required by this division, to the chairpersons of the standing 3,054
committees of the senate and house of representatives having 3,055
jurisdiction over individuals, small businesses, and small 3,056
organizations. 3,057
Each agency having rules in effect on the effective date of 3,059
this section that affect individuals, small businesses, or small 3,060
organizations shall divide those rules into groups, so that at 3,061
least one-fifth of those rules are reviewed during each year of a 3,062
five-year period commencing on the effective date of this section 3,064
JANUARY 1, 1985. A rule that is newly adopted after the 3,065
effective date of this section JANUARY 1, 1985 shall be reviewed 3,066
five years after its effective date. When a rule has once been 3,068
reviewed, it shall thereafter be reviewed again at five-year 3,069
intervals.
(E) Each agency shall designate an individual or office 3,071
within the agency to be responsible for complying with this 3,072
division. Each individual or office that has been so designated 3,073
shall, within ten days after receiving a request therefor from 3,074
any person: 3,075
(1) Provide the person with copies of any rule proposed by 3,077
the agency that would affect individuals, small businesses, or 3,078
small organizations; 3,079
(2) Provide the person with copies of the rule summary and 3,081
fiscal analysis of any rule proposed by the agency that would 3,082
affect individuals, small businesses, or small organizations; or 3,083
(3) Find, collate, and make available to the person any 3,085
73
information in the possession of the agency regarding a rule 3,086
proposed by the agency, which information would be of interest to 3,087
individuals, small businesses, or small organizations. 3,088
The agency shall inform the office of small business in 3,090
writing of the name, address, and telephone number of each 3,091
individual or office designated under this division. The agency 3,092
shall promptly inform the office of small business in writing of 3,093
any change in the information thus provided. 3,094
(F) Division (B) of this section does not apply to any 3,096
emergency rule adopted under division (B)(2) of section 111.15 or 3,097
division (F) of section 119.03 of the Revised Code, except that 3,098
the emergency rule becomes subject to such division when it is 3,099
adopted pursuant to the procedure of section 111.15 or 119.03 of 3,100
the Revised Code for the adoption of rules not of an emergency 3,101
nature. 3,102
(G) The department of taxation shall provide a copy of the 3,104
full text of any rule proposed by the department that may affect 3,105
any business IN BOTH PRINT AND ELECTRONIC FORM to the office of 3,106
small business, and the department shall designate an office 3,108
within the agency responsible for providing a copy of any such 3,109
rule within ten days of receiving a request from any person. 3,110
Sec. 121.39. (A) As used in this section, "environmental 3,119
protection" means any of the following: 3,120
(1) Protection of human health or safety, biological 3,122
resources, or natural resources by preventing, reducing, or 3,123
remediating the pollution or degradation of air, land, or water 3,124
resources or by preventing or limiting the exposure of humans, 3,125
animals, or plants to pollution; 3,126
(2) Appropriation or regulation of privately-owned 3,129
PRIVATELY OWNED property to preserve air, land, or water 3,130
resources in a natural state or to wholly or partially restore 3,132
them to a natural state;
(3) Regulation of the collection, management, treatment, 3,134
reduction, storage, or disposal of solid, hazardous, radioactive, 3,136
74
or other wastes;
(4) Plans or programs to promote or regulate the 3,138
conservation, recycling, or re-use REUSE of energy, materials, or 3,140
wastes. 3,141
(B) Except as otherwise provided in division (E) of this 3,143
section, when proposed legislation dealing with environmental 3,144
protection or containing a component dealing with environmental 3,145
protection is referred to a committee of the general assembly, 3,146
other than a committee on rules or reference, the sponsor of the 3,147
legislation, at the time of the first hearing of the legislation 3,148
before the committee, shall submit to the members of the 3,149
committee a written statement identifying either the 3,150
documentation that is the basis of the legislation or the federal 3,151
requirement or requirements with which the legislation is 3,152
intended to comply. If the legislation is not based on 3,153
documentation or has not been introduced to comply with a federal 3,154
requirement or requirements, the written statement from the 3,155
sponsor shall so indicate.
Also at the time of the first hearing of the legislation 3,158
before the committee, a statewide organization that represents 3,159
businesses in this state and that elects its board of directors 3,160
may submit to the members of the committee a written estimate of 3,161
the costs to the regulated community in this state of complying 3,162
with the legislation if it is enacted. 3,163
At any hearing of the legislation before the committee, a 3,165
representative of any state agency, environmental advocacy 3,166
organization, or consumer advocacy organization or any private 3,167
citizen may present documentation containing an estimate of the 3,168
monetary and other costs to public health and safety and the
environment and to consumers and residential utility customers, 3,169
and the effects on property values, if the legislation is not 3,170
enacted.
(C) Until such time as the statement required under 3,172
division (B) of this section is submitted to the committee to 3,173
75
which proposed legislation dealing with environmental protection 3,175
or containing a component dealing with environmental protection 3,176
was referred, the legislation shall not be reported by that 3,177
committee. This requirement does not apply if the component 3,178
dealing with environmental protection is removed from the 3,179
legislation or if two-thirds of the members of the committee vote 3,180
in favor of a motion to report the proposed legislation.
(D) Except as otherwise provided in division (E) of this 3,183
section, prior to adopting a rule or an amendment proposed to a 3,184
rule dealing with environmental protection or containing a 3,185
component dealing with environmental protection, a state agency 3,186
shall do all of the following:
(1) Consult with organizations that represent political 3,188
subdivisions, environmental interests, business interests, and 3,189
other persons affected by the proposed rule or amendment; 3,190
(2) Consider documentation relevant to the need for, the 3,193
environmental benefits or consequences of, other benefits of, and 3,194
the technological feasibility of the proposed rule or amendment;
(3) Specifically identify whether the proposed rule or 3,196
amendment is being adopted or amended to enable the state to 3,197
obtain or maintain approval to administer and enforce a federal 3,198
environmental law or to participate in a federal environmental 3,199
program, whether the proposed rule or amendment is more stringent 3,201
than its federal counterpart, and, if the proposed rule or 3,202
amendment is more stringent, the rationale for not incorporating 3,203
its federal counterpart;
(4) Include with the proposed rule or amendment and the 3,205
rule summary and fiscal analysis required under sections 121.24 3,207
and 127.18 of the Revised Code, when they are filed with the 3,208
joint committee on agency rule review in accordance with division 3,209
(D) of section 111.15 or division (H) of section 119.03 of the 3,211
Revised Code, one of the following IN BOTH PRINT AND ELECTRONIC 3,212
FORM, as applicable: 3,213
(a) The information identified under division (D)(3) of 3,215
76
this section and, if the proposed rule or amendment is more 3,216
stringent than its federal counterpart, as identified in that 3,217
division, the documentation considered under division (D)(2) of 3,219
this section;
(b) If an amendment proposed to a rule is being adopted or 3,222
amended under a state statute that establishes standards with 3,223
which the amendment shall comply, and the proposed amendment is 3,224
more stringent than the rule that it is proposing to amend, the 3,225
documentation considered under division (D)(2) of this section; 3,226
(c) If division (D)(4)(a) or (b) of this section is not 3,229
applicable, the documentation considered under division (D)(2) of 3,230
this section.
If the agency subsequently files a revision of such a 3,232
proposed rule or amendment in accordance with division (D) of 3,233
section 111.15 or division (H) of section 119.03 of the Revised 3,235
Code, the revision shall be accompanied IN BOTH PRINT AND 3,236
ELECTRONIC FORM by the applicable information or documentation. 3,237
Division (D) of this section does not apply to any 3,239
emergency rule adopted under division (B)(2) of section 111.15 or 3,241
division (F) of section 119.03 of the Revised Code, but does
apply to any such rule that subsequently is adopted as a 3,243
nonemergency rule under either of those divisions. 3,244
The information or documentation submitted under division 3,246
(D)(4) of this section may be in the form of a summary or index 3,248
of available knowledge or information and shall consist of or be 3,249
based upon the best available generally accepted knowledge or
information in the appropriate fields, as determined by the 3,250
agency that prepared the documentation. 3,251
(E) The statement required under division (B) and the 3,253
information or documentation required under division (D) of this 3,255
section need not be prepared or submitted with regard to a 3,256
proposed statute or rule, or an amendment to a rule, if the 3,257
statute, rule, or amendment is procedural or budgetary in nature, 3,258
or governs the organization or operation of a state agency, and 3,259
77
will not affect the substantive rights or obligations of any 3,260
person other than a state agency or an employee or contractor of 3,261
a state agency.
(F) The insufficiency, incompleteness, or inadequacy of a 3,263
statement, information, documentation, or a summary of 3,265
information or documentation provided in accordance with division 3,266
(B) or (D) of this section shall not be grounds for invalidation 3,267
of any statute, rule, or amendment to a rule. 3,268
(G) This section applies only to the following: 3,270
(1) Legislation and components of legislation dealing with 3,273
environmental protection that are introduced in the general
assembly after the effective date of this section MARCH 5, 1996; 3,275
(2) Rules and rule amendments dealing with environmental 3,278
protection that are filed with the joint committee on agency rule 3,279
review in accordance with division (D) of section 111.15 or 3,280
division (H) of section 119.03 of the Revised Code after the 3,281
effective date of this section MARCH 5, 1996. 3,282
Sec. 127.18. (A) As used in this section: 3,291
(1) "Rule-making agency" has the same meaning as in 3,293
division (I) of section 119.01 of the Revised Code. 3,294
(2) "Rule" includes the adoption, amendment, or rescission 3,296
of a rule. 3,297
(3) "Proposed rule" means the original version of a 3,299
proposed rule, and each revised version of the same proposed 3,300
rule, that is filed with the joint committee on agency rule 3,301
review under division (D) of section 111.15 or division (H) of 3,302
section 119.03 of the Revised Code. 3,303
(B) A rule-making agency shall prepare, in the form 3,305
prescribed by the joint committee on agency rule review under 3,306
division (E) of this section, a complete and accurate rule 3,307
summary and fiscal analysis of each proposed rule that it files 3,308
under division (D) of section 111.15 or division (H) of section 3,309
119.03 of the Revised Code. The rule summary and fiscal analysis 3,310
shall include all of the following information: 3,311
78
(1) The name, address, and telephone number of the 3,313
rule-making agency, and the name and telephone number of an 3,314
individual or office within the agency designated by that agency 3,315
to be responsible for coordinating and making available 3,316
information in the possession of the agency regarding the 3,317
proposed rule; 3,318
(2) The Ohio administrative code rule number of the 3,320
proposed rule; 3,321
(3) A brief summary of, and the legal basis for, the 3,323
proposed rule, including citations identifying the statute that 3,324
prescribes the procedure in accordance with which the rule-making 3,325
agency is required to adopt the proposed rule, the statute that 3,326
authorizes the agency to adopt the proposed rule, and the statute 3,327
that the agency intends to amplify or implement by adopting the 3,328
proposed rule; 3,329
(4) An estimate, in dollars, of the amount by which the 3,331
proposed rule would increase or decrease revenues or expenditures 3,332
during the current biennium; 3,333
(5) A citation identifying the appropriation that 3,335
authorizes each expenditure that would be necessitated by the 3,336
proposed rule; 3,337
(6) A summary of the estimated cost of compliance with the 3,339
rule to all directly affected persons; 3,340
(7) The reasons why the rule is being proposed; 3,342
(8) If the rule has a fiscal effect on school districts, 3,344
counties, townships, or municipal corporations, an estimate in 3,345
dollars of the cost of compliance with the rule, or, if dollar 3,346
amounts cannot be determined, a written explanation of why it was 3,347
not possible to ascertain dollar amounts;
(9) If the rule has a fiscal effect on school districts, 3,349
counties, townships, or municipal corporations and is the result 3,350
of a federal requirement, a clear explanation that the proposed 3,351
state rule does not exceed the scope and intent of the 3,352
requirement, or, if the state rule does exceed the minimum
79
necessary federal requirement, a justification of the excess 3,353
cost, and an estimate of the costs, including those costs for 3,354
local governments, exceeding the federal requirement; 3,355
(10) If the rule has a fiscal effect on school districts, 3,357
counties, townships, or municipal corporations, a comprehensive 3,358
cost estimate that includes the procedure and method of 3,359
calculating the costs of compliance and identifies major cost 3,360
categories including personnel costs, new equipment or other 3,361
capital costs, operating costs, and indirect central service
costs related to the rule. The fiscal analysis shall also 3,362
include a written explanation of the agency's and the affected 3,363
local government's ability to pay for the new requirements and a 3,364
statement of any impact the rule will have on economic 3,365
development.
(11) Any other information the joint committee on agency 3,367
rule review considers necessary to make the proposed rule or the 3,368
fiscal effect of the proposed rule fully understandable. 3,369
(C) The rule-making agency shall attach one copy of FILE 3,371
the rule summary and fiscal analysis to each copy of IN BOTH 3,372
PRINT AND ELECTRONIC FORM ALONG WITH the proposed rule that it 3,374
files under divisions (D) and (E) of section 111.15 or divisions 3,375
(B) and (H) of section 119.03 of the Revised Code. The joint 3,376
committee on agency rule review shall not accept any proposed 3,377
rule for filing unless a copy of the rule summary and fiscal 3,378
analysis of the proposed rule, completely and accurately
prepared, has been attached to each copy of IS FILED ALONG WITH 3,379
the proposed rule. 3,380
(D) The joint committee on agency rule review shall review 3,382
the fiscal effect of each proposed rule that is filed under 3,383
division (D) of section 111.15 or division (H) of section 119.03 3,384
of the Revised Code. 3,385
(E) The joint committee on agency rule review shall 3,387
prescribe the form in which each rule-making agency shall prepare 3,388
its rule summary and fiscal analysis of a proposed rule. 3,389
80
(F) This section does not require the auditor of state or 3,391
his THE AUDITOR OF STATE'S designee to prepare or attach a rule 3,392
summary and fiscal analysis to any copy of a rule proposed under 3,394
section 117.12, 117.19, 117.38, or 117.43 of the Revised Code. 3,395
Sec. 4141.14. (A) All rules of the administrator of the 3,404
bureau of employment services adopted pursuant to this chapter 3,405
shall be approved by the unemployment compensation review 3,406
commission before the rules become effective. All such rules 3,408
shall specify on their face their effective date and the date on 3,409
which they will expire, if known. Approval by the unemployment 3,410
compensation review commission shall also be required before 3,411
amendments to, or rescission of, any rules of the administrator 3,412
adopted pursuant to this chapter become effective. If the 3,413
commission disapproves a rule of the administrator, it shall
determine and promulgate a rule that it considers appropriate 3,414
after affording a hearing to the administrator. 3,415
(B)(1) Any rule promulgated pursuant to this section shall 3,417
be effective on the tenth day after the day on which the rule in 3,418
final form and in compliance with division (B)(2) of this section 3,419
is filed as follows: 3,420
(a) Two certified copies of the THE rule shall be filed IN 3,422
BOTH PRINT AND ELECTRONIC FORM with both the secretary of state 3,424
and the director of the legislative service commission; 3,425
(b) Two certified copies of the THE rule shall be filed IN 3,427
BOTH PRINT AND ELECTRONIC FORM with the joint committee on agency 3,429
rule review. Division (B)(1)(b) of this section does not apply 3,430
to any rule to which division (H) of section 119.03 of the 3,431
Revised Code does not apply.
If all copies are not filed FILINGS ARE NOT COMPLETED on 3,433
the same day, the rule shall be effective on the tenth day after 3,435
the day on which the latest filing is made COMPLETED. If the 3,436
bureau of employment services or the unemployment compensation 3,438
review commission in adopting a rule pursuant to this chapter 3,439
designates an effective date that is later than the effective 3,440
81
date provided for by this division, the rule if filed as required 3,441
by this division shall become effective on the later date 3,442
designated by the bureau or commission. 3,443
If the commission or bureau adopts or amends a rule that is 3,446
subject to division (H) of section 119.03 of the Revised Code, 3,447
the commission or bureau shall assign a review date to the rule 3,448
that is not later than five years after its effective date. If
no review date is assigned to a rule, or if a review date 3,449
assigned to a rule exceeds the five-year maximum, the review date 3,450
for the rule is five years after its effective date. A rule with 3,451
a review date is subject to review under section 119.032 of the 3,452
Revised Code.
(2) The bureau and commission shall file the rule in 3,454
compliance with the following standards and procedures: 3,455
(a) The rule shall be numbered in accordance with the 3,457
numbering system devised by the director for the Ohio 3,458
administrative code. 3,459
(b) The rule shall be prepared and submitted in compliance 3,461
with the rules of the legislative service commission. 3,462
(c) The rule shall clearly state the date on which it is 3,464
to be effective and the date on which it will expire, if known. 3,465
(d) Each rule that amends or rescinds another rule shall 3,467
clearly refer to the rule that is amended or rescinded. Each 3,468
amendment shall fully restate the rule as amended. 3,469
If the director of the legislative service commission or 3,471
the director's designee gives the bureau of employment services 3,472
or the unemployment compensation review commission written notice 3,473
pursuant to section 103.05 of the Revised Code that a rule filed 3,474
by the bureau or review commission is not in compliance with the 3,475
rules of the legislative service commission, the bureau or review 3,477
commission shall within thirty days after receipt of the notice
conform the rule to the rules of the commission as directed in 3,478
the notice.
The secretary of state and the director shall preserve the 3,480
82
rules filed under division (B)(1)(a) of this section in an 3,481
accessible manner. Each such rule shall be a public record open 3,482
to public inspection and may be lent TRANSMITTED to any law 3,483
publishing company that wishes to reproduce it. 3,485
(C) As used in this section: 3,487
(1) "Rule" includes an amendment or rescission of a rule. 3,489
(2) "Substantive revision" has the same meaning as in 3,491
division (J) of section 119.01 of the Revised Code. 3,492
Sec. 5117.02. (A) The tax commissioner shall adopt rules, 3,501
or amendments and rescissions of rules, for the administration of 3,502
sections 5117.01 to 5117.12 of the Revised Code. 3,503
(B) As a means of efficiently administering the program 3,505
established by sections 5117.01 to 5117.12 of the Revised Code, 3,506
the tax commissioner may extend, by as much as a total of thirty 3,507
days, any date specified in such sections for the performance of 3,508
a particular action by an individual or an officer. 3,509
(C)(1) Except as provided in division (C)(2) of this 3,511
section, the tax commissioner shall, in accordance with divisions 3,512
(A), (B), (C), (D), (E), and (H) of section 119.03 and section 3,513
119.04 of the Revised Code, adopt whatever rules, or amendments 3,514
or rescissions of rules are required by or are otherwise 3,515
necessary to implement sections 5117.01 to 5117.12 of the Revised 3,516
Code. A rule, amendment, or rescission adopted under this 3,517
division is not exempt from the hearing requirements of section 3,518
119.03 of the Revised Code pursuant to division (G) of that 3,519
section, or subject to section 111.15 or 5703.14 of the Revised 3,520
Code. 3,521
(2) If an emergency necessitates the immediate adoption of 3,523
a rule, or the immediate adoption of an amendment or rescission 3,524
of a rule that is required by or otherwise necessary to implement 3,525
sections 5117.01 to 5117.12 of the Revised Code, the tax 3,526
commissioner may immediately adopt the emergency rule, amendment, 3,527
or rescission without complying with division (A), (B), (C), (D), 3,528
(E), or (H) of section 119.03 of the Revised Code so long as he 3,529
83
THE COMMISSIONER states the reasons for the necessity in the 3,530
emergency rule, amendment, or rescission. The emergency rule, 3,531
amendment, or rescission is effective on the day copies of the 3,532
emergency rule, amendment, or rescission, in final form and in 3,533
compliance with division (A)(2) of section 119.04 of the Revised 3,534
Code, are IS filed as follows: two certified copies of the 3,536
emergency rule, amendment, or rescission shall be filed IN BOTH 3,537
PRINT AND ELECTRONIC FORM with both the secretary of state and, 3,539
the director of the legislative service commission, and one 3,541
certified copy of the emergency rule, amendment, or rescission 3,542
shall be filed with the joint committee on agency rule review. 3,543
If all copies are not filed FILINGS ARE NOT COMPLETED on the same 3,544
day, the emergency rule, amendment, or rescission is effective on 3,545
the day on which the latest filing is made COMPLETED. An 3,546
emergency rule, amendment, or rescission adopted under this 3,548
division is not subject to section 111.15, division (F) of 3,549
section 119.03, or section 5703.14 of the Revised Code. An 3,550
emergency rule, amendment, or rescission adopted under this 3,551
division continues in effect until amended or rescinded by the 3,552
tax commissioner in accordance with division (C)(1) or (2) of 3,553
this section, except that the rescission of an emergency 3,554
rescission does not revive the rule rescinded. 3,555
(D) Except where otherwise provided, each form, 3,557
application, notice, and the like used in fulfilling the 3,558
requirements of sections 5117.01 to 5117.12 of the Revised Code 3,559
shall be approved by the tax commissioner. 3,560
Sec. 5703.14. (A) Any rule adopted by the board of tax 3,569
appeals and any rule of the department of taxation adopted by the 3,570
tax commissioner shall be effective on the tenth day after the 3,571
day on which the rule in final form and in compliance with 3,572
division (B) of this section is filed by the board or the 3,573
commissioner as follows: 3,574
(1) Two certified copies of the THE rule shall be filed IN 3,576
BOTH PRINT AND ELECTRONIC FORM with both the secretary of state 3,578
84
and the director of the legislative service commission; 3,579
(2) Two certified copies of the THE rule shall be filed IN 3,581
BOTH PRINT AND ELECTRONIC FORM with the joint committee on agency 3,583
rule review. Division (A)(2) of this section does not apply to 3,584
any rule to which division (H) of section 119.03 of the Revised 3,585
Code does not apply.
If all copies are not filed FILINGS ARE NOT COMPLETED on 3,587
the same day, the rule shall be effective on the tenth day after 3,589
the day on which the latest filing is made COMPLETED. If the 3,590
board or the commissioner in adopting a rule designates an 3,592
effective date that is later than the effective date provided for 3,593
by this division, the rule if filed as required by this division 3,594
shall become effective on the later date designated by the board 3,595
or commissioner.
(B) The board and commissioner shall file the rule in 3,597
compliance with the following standards and procedures: 3,598
(1) The rule shall be numbered in accordance with the 3,600
numbering system devised by the director for the Ohio 3,601
administrative code. 3,602
(2) The rule shall be prepared and submitted in compliance 3,604
with the rules of the legislative service commission. 3,605
(3) The rule shall clearly state the date on which it is 3,607
to be effective and the date on which it will expire, if known. 3,608
(4) Each rule that amends or rescinds another rule shall 3,610
clearly refer to the rule that is amended or rescinded. Each 3,611
amendment shall fully restate the rule as amended. 3,612
If the director of the legislative service commission or 3,614
his THE DIRECTOR'S designee gives the board or commissioner 3,615
written notice pursuant to section 103.05 of the Revised Code 3,616
that a rule filed by the board or commissioner is not in 3,618
compliance with the rules of the legislative service commission, 3,619
the board or commissioner shall within thirty days after receipt 3,620
of the notice conform the rule to the rules of the legislative 3,621
service commission as directed in the notice. 3,622
85
All rules of the department and board filed pursuant to 3,624
division (A)(1) of this section shall be recorded by the 3,625
secretary of state and the director under the name of the 3,626
department or board and shall be numbered in accordance with the 3,627
numbering system devised by the director. The secretary of state 3,628
and the director shall preserve the rules in an accessible 3,629
manner. Each such rule shall be a public record open to public 3,630
inspection and may be lent TRANSMITTED to any law publishing 3,631
company that wishes to reproduce it. Each such rule shall also 3,633
be made available to interested parties upon request directed to 3,634
the department. 3,635
(C) Applications for review of any rule adopted and 3,637
promulgated by the commissioner may be filed with the board by 3,638
any person who has been or may be injured by the operation of the 3,639
rule. The appeal may be taken at any time after the rule is 3,640
filed with the secretary of the state, the director of the 3,641
legislative service commission, and, if applicable, the joint 3,642
committee on agency rule review. Failure to file an appeal does 3,643
not preclude any person from seeking any other remedy against the 3,644
application of the rule to him THE PERSON. The applications 3,645
shall set forth, or have attached thereto and incorporated by 3,646
reference, a true copy of the rule, and shall allege that the 3,647
rule complained of is unreasonable and shall state the grounds 3,648
upon which the allegation is based. Upon the filing of the 3,649
application, the board shall notify the commissioner of the 3,650
filing of the application, fix a time for hearing the 3,651
application, notify the commissioner and the applicant of the 3,652
time for the hearing, and afford both an opportunity to be heard. 3,653
The appellant, the tax commissioner, and any other interested 3,654
persons that the board permits, may introduce evidence. The 3,655
burden of proof to show that the rule is unreasonable shall be 3,656
upon the appellant. After the hearing, the board shall determine 3,657
whether the rule complained of is reasonable or unreasonable. A 3,658
determination that the rule complained of is unreasonable shall 3,659
86
require a majority vote of the three members of the board, and 3,660
the reasons for the determination shall be entered on the journal 3,661
of the board. 3,662
Upon determining that the rule complained of is 3,664
unreasonable, the board shall file copies of its determination as 3,665
follows: 3,666
(1) Two certified copies of the THE determination shall be 3,668
filed IN BOTH PRINT AND ELECTRONIC FORM with both the secretary 3,669
of state and the director of the legislative service commission, 3,671
who shall note the date of their receipt of the certified copies 3,672
conspicuously in their files of the rules of the department; 3,673
(2) Two certified copies of the THE determination shall be 3,675
filed IN BOTH PRINT AND ELECTRONIC FORM with the joint committee 3,676
on agency rule review. Division (C)(2) of this section does not 3,678
apply to any rule to which division (H) of section 119.03 of the 3,679
Revised Code does not apply. 3,680
On the tenth day after the copies of the determination have 3,682
HAS been received by the secretary of state, the director, and, 3,684
if applicable, the joint committee, the rule referred to in the 3,685
determination shall cease to be in effect. If all copies FILINGS 3,687
of the determination are not filed ARE NOT COMPLETED on the same 3,688
day, the rule shall remain in effect until the tenth day after 3,690
the day on which the latest filing is made COMPLETED. This 3,691
section does not apply to licenses issued under sections 5735.02, 3,693
5739.17, and 5743.15 of the Revised Code, which shall be governed 3,694
by sections 119.01 to 119.13 of the Revised Code. 3,695
The board is not required to hear an application for the 3,697
review of any rule where the grounds of the allegation that the 3,698
rule is unreasonable have been previously contained in an 3,699
application for review and have been previously heard and passed 3,700
upon by the board. 3,701
(D) This section does not apply to the adoption of any 3,703
rule, or to the amendment or rescission of any rule by the tax 3,704
commissioner under division (C)(1) or (2) of section 5117.02 of 3,705
87
the Revised Code. 3,706
(E) As used in this section, "substantive revision" has 3,708
the same meaning as in division (J) of section 119.01 of the 3,709
Revised Code. 3,710
Section 4. That existing sections 103.05, 111.15, 117.20, 3,712
119.03, 119.031, 119.032, 119.0311, 119.04, 121.24, 121.39, 3,713
127.18, 4141.14, 5117.02, and 5703.14 of the Revised Code are 3,714
hereby repealed.
Section 5. Sections 3 and 4 of this act take effect 3,716
January 1, 2001.
Section 6. That sections 103.05, 111.15, 117.20, 119.03, 3,718
119.031, 119.032, 119.0311, 119.04, 121.24, 121.39, 127.18, 3,719
4141.14, 5117.02, and 5703.14 be amended and section 103.0512 of 3,720
the Revised Code be enacted to read as follows: 3,721
Sec. 103.05. (A) The director of the legislative service 3,730
commission shall be the codifier of the rules of the 3,731
administrative agencies of the state. When a rule is filed under 3,732
section 111.15, 119.04, 4141.14, or 5703.14 of the Revised Code, 3,733
the director or the director's designee shall examine the rule. 3,735
If the rule is not numbered or if the numbering of the rule is 3,736
not in conformity with the system established by the director, 3,737
the director shall give the rule its proper number by designating 3,738
the proper number on the left hand margin of the rule. The 3,739
number shall be the official administrative code number of the 3,740
rule. Any number so assigned shall be published in any 3,741
publication of the administrative code. Rules of the 3,742
administrative code shall be cited and referred to by such 3,743
official numbers.
The legislative service commission shall, pursuant to 3,745
section 111.15 of the Revised Code, adopt, amend, and rescind any 3,746
rules that are necessary to provide a uniform administrative 3,747
code; to provide standards for use by the director in determining 3,748
whether to include in the administrative code the full text of, 3,749
or a reference to, any rule filed with the commission; to permit 3,751
88
the director to discharge the director's duties and exercise the 3,752
director's powers as described in this section; and to permit the 3,753
director to discharge the director's duties and exercise the 3,755
director's powers with respect to establishing and maintaining, 3,756
and enhancing and improving, the electronic rule-filing system 3,757
under section 103.0511 of the Revised Code.
When the commission adopts rules to provide standards for 3,759
use by the director in determining whether to include the full 3,760
text of, or a reference to, a rule in the administrative code, it 3,761
shall consider all of the following: 3,762
(1) Whether the rule applies uniformly to all citizens of 3,764
the state; 3,765
(2) Whether the rule applies uniformly to all political 3,767
subdivisions of the state; 3,768
(3) Whether the rule affects the health, welfare, and 3,770
safety of the citizens of the state; 3,771
(4) Whether the rule applies only to the internal affairs 3,773
of the agency adopting the rule; 3,774
(5) The number of persons affected by the rule; 3,776
(6) Whether the rule affects the statutory or 3,778
constitutional rights of any person. 3,779
The director or the director's designee shall accept any 3,781
rule that is filed under section 111.15, 119.04, 4141.14, or 3,783
5703.14 of the Revised Code. If the director or the director's 3,784
designee accepts a rule that is not in compliance with the rules 3,785
of the commission, the director shall give notice of the 3,786
noncompliance in both print and electronic form to the agency 3,787
that filed the rule within thirty days after the date on which 3,788
the rule is filed. The notice shall indicate why the rule does 3,789
not comply with the rules of the commission and how the rule can 3,790
be brought into compliance. The failure of the director to give 3,791
an agency notice within the thirty-day period shall presumptively 3,792
establish that the rule complies with the rules of the 3,793
commission. 3,794
89
(B) The director shall approve as acceptable any 3,796
publication of the code conforming to the requirements of this 3,797
division.
An Ohio administrative code approved as acceptable by the 3,800
director shall:
(1) Contain a compilation of the full text of, or a 3,802
reference to, each rule filed under sections 111.15, 119.04, 3,803
4141.14, and 5703.14 of the Revised Code; 3,804
(2) Presumptively establish the rules of all agencies 3,806
adopting rules under section 111.15, 4141.14, 5703.14, or Chapter 3,807
119. of the Revised Code that are in effect on the day of its 3,808
initial publication; 3,809
(3) Contain the full text of, or a reference to, each rule 3,812
adopted after its initial publication and be updated at least 3,813
quarterly;
(4) Contain an index of the rules and references to rules 3,815
that are included in the code and each supplement using terms 3,816
easily understood by the general public; 3,817
(5) Be published in electronic or print format following, 3,820
to the extent possible, the subject matter arrangement of the 3,822
Revised Code; 3,823
(6) Be numbered according to the numbering system devised 3,825
by the director. 3,826
(C) If the director does not approve as acceptable any 3,828
publication of the administrative code, the director, subject to 3,829
division (D) of this section, may prepare and publish the code, 3,831
or contract with any person under this division to prepare and 3,833
publish the code. Any code published under this division shall 3,834
include all of the requirements of division (B) of this section. 3,835
In addition, the director shall furnish any code or supplement 3,836
published under this division to any person who requests the code 3,838
or supplement upon payment of a charge established by the 3,839
director, not to exceed the cost of preparation and publication. 3,840
Upon the request of the director of the legislative service 3,842
90
commission under this division, the director of administrative 3,843
services, in accordance with the competitive selection procedure 3,844
of Chapter 125. of the Revised Code, shall let a contract for the 3,845
compilation, preparation, and printing or publication of the 3,846
administrative code and supplements. 3,847
(D) The director shall not prepare and publish the 3,849
administrative code in a print mode or any other mode under 3,850
division (B) or (C) of this section unless no other person is 3,851
willing and qualified to publish a version of the code in that 3,852
mode that the director has approved as acceptable. 3,853
Sec. 103.0512. IF THERE IS AN EXPECTED OR UNEXPECTED SHUT 3,855
DOWN OF THE WHOLE OR PART OF THE ELECTRONIC RULE-FILING SYSTEM, 3,856
SUCH AS FOR MAINTENANCE OR BECAUSE OF HARDWARE OR SOFTWARE 3,857
FAILURE, THE DIRECTOR OF THE LEGISLATIVE SERVICE COMMISSION MAY 3,858
TEMPORARILY AUTHORIZE AN AGENCY THAT IS REQUIRED TO FILE RULES 3,859
AND OTHER RULE-MAKING AND RULE-RELATED DOCUMENTS EXCLUSIVELY IN
ELECTRONIC FORM NEVERTHELESS TO FILE RULES AND OTHER RULE-MAKING 3,860
AND RULE-RELATED DOCUMENTS IN PRINT FORM. 3,861
Sec. 111.15. (A) As used in this section: 3,870
(1) "Rule" includes any rule, regulation, bylaw, or 3,872
standard having a general and uniform operation adopted by an 3,873
agency under the authority of the laws governing the agency; any 3,874
appendix to a rule; and any internal management rule. "Rule" 3,875
does not include any guideline adopted pursuant to section 3,876
3301.0714 of the Revised Code, any order respecting the duties of 3,877
employees, any finding, any determination of a question of law or 3,878
fact in a matter presented to an agency, or any rule promulgated 3,879
pursuant to Chapter 119., section 4141.14, division (C)(1) or (2) 3,880
of section 5117.02, or section 5703.14 of the Revised Code. 3,881
"Rule" includes any amendment or rescission of a rule. 3,882
(2) "Agency" means any governmental entity of the state 3,884
and includes, but is not limited to, any board, department, 3,885
division, commission, bureau, society, council, institution, 3,886
state college or university, community college district, 3,887
91
technical college district, or state community college. "Agency" 3,888
does not include the general assembly, the controlling board, the 3,890
adjutant general's department, or any court. 3,891
(3) "Internal management rule" means any rule, regulation, 3,893
bylaw, or standard governing the day-to-day staff procedures and 3,894
operations within an agency. 3,895
(4) "Substantive revision" has the same meaning as in 3,897
division (J) of section 119.01 of the Revised Code. 3,898
(B)(1) Any rule, other than a rule of an emergency nature, 3,900
adopted by any agency pursuant to this section shall be effective 3,901
on the tenth day after the day on which the rule in final form 3,902
and in compliance with division (B)(3) of this section is filed 3,903
as follows: 3,904
(a) The rule shall be filed in both print and electronic 3,906
form with both the secretary of state and the director of the 3,907
legislative service commission; 3,908
(b) The rule shall be filed in both print and electronic 3,910
form with the joint committee on agency rule review. Division 3,911
(B)(1)(b) of this section does not apply to any rule to which 3,912
division (D) of this section does not apply. 3,913
An agency that adopts or amends a rule that is subject to 3,915
division (D) of this section shall assign a review date to the 3,917
rule that is not later than five years after its effective date.
If no review date is assigned to a rule, or if a review date 3,918
assigned to a rule exceeds the five-year maximum, the review date 3,919
for the rule is five years after its effective date. A rule with 3,920
a review date is subject to review under section 119.032 of the 3,921
Revised Code. This paragraph does not apply to a rule of a state 3,923
college or university, community college district, technical
college district, or state community college. 3,924
If all filings are not completed on the same day, the rule 3,926
shall be effective on the tenth day after the day on which the 3,927
latest filing is completed. If an agency in adopting a rule 3,928
designates an effective date that is later than the effective 3,929
92
date provided for by division (B)(1) of this section, the rule if 3,930
filed as required by such division shall become effective on the 3,931
later date designated by the agency. 3,932
Any rule that is required to be filed under division (B)(1) 3,934
of this section is also subject to division (D) of this section 3,935
if not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), 3,937
or (8) of this section.
(2) A rule of an emergency nature necessary for the 3,939
immediate preservation of the public peace, health, or safety 3,940
shall state the reasons for the necessity. The emergency rule, 3,942
in final form and in compliance with division (B)(3) of this 3,943
section, shall be filed in both print and electronic form with 3,945
the secretary of state, the director of the legislative service 3,946
commission, and the joint committee on agency rule review. The 3,948
emergency rule is effective immediately upon completion of the 3,949
latest filing, except that if the agency in adopting the 3,950
emergency rule designates an effective date, or date and time of 3,951
day, that is later than the effective date and time provided for 3,952
by division (B)(2) of this section, the emergency rule if filed 3,953
as required by such division shall become effective at the later 3,954
date, or later date and time of day, designated by the agency. 3,955
An emergency rule becomes invalid at the end of the 3,957
ninetieth day it is in effect. Prior to that date, the agency 3,958
may file the emergency rule as a nonemergency rule in compliance 3,959
with division (B)(1) of this section. The agency may not refile 3,960
the emergency rule in compliance with division (B)(2) of this 3,961
section so that, upon the emergency rule becoming invalid under 3,962
such division, the emergency rule will continue in effect without 3,963
interruption for another ninety-day period. 3,964
(3) An agency shall file a rule under division (B)(1) or 3,966
(2) of this section in compliance with the following standards 3,967
and procedures: 3,968
(a) The rule shall be numbered in accordance with the 3,970
numbering system devised by the director for the Ohio 3,971
93
administrative code. 3,972
(b) The rule shall be prepared and submitted in compliance 3,974
with the rules of the legislative service commission. 3,975
(c) The rule shall clearly state the date on which it is 3,977
to be effective and the date on which it will expire, if known. 3,978
(d) Each rule that amends or rescinds another rule shall 3,980
clearly refer to the rule that is amended or rescinded. Each 3,981
amendment shall fully restate the rule as amended. 3,982
If the director of the legislative service commission or 3,984
the director's designee gives an agency notice pursuant to 3,986
section 103.05 of the Revised Code that a rule filed by the 3,987
agency is not in compliance with the rules of the legislative 3,988
service commission, the agency shall within thirty days after 3,989
receipt of the notice conform the rule to the rules of the 3,990
commission as directed in the notice. 3,991
(C) All rules filed pursuant to divisions (B)(1)(a) and 3,993
(2) of this section shall be recorded by the secretary of state 3,994
and the director under the title of the agency adopting the rule 3,995
and shall be numbered according to the numbering system devised 3,996
by the director. The secretary of state and the director shall 3,997
preserve the rules in an accessible manner. Each such rule shall 3,998
be a public record open to public inspection and may be 3,999
transmitted to any law publishing company that wishes to 4,000
reproduce it.
(D) At least sixty-five days before a board, commission, 4,002
department, division, or bureau of the government of the state 4,003
files a rule under division (B)(1) of this section, it shall file 4,004
the full text of the proposed rule in both print and electronic 4,005
form with the joint committee on agency rule review, and the 4,008
proposed rule is subject to legislative review and invalidation 4,010
under division (I) of section 119.03 of the Revised Code. If a 4,011
state board, commission, department, division, or bureau makes a 4,012
substantive revision in a proposed rule after it is filed with 4,013
the joint committee, the state board, commission, department, 4,014
94
division, or bureau shall promptly file the full text of the 4,017
proposed rule in its revised form in both print and electronic 4,018
form with the joint committee. The latest version of a proposed 4,020
rule as filed with the joint committee supersedes each earlier 4,021
version of the text of the same proposed rule. Except as 4,023
provided in division (F) of this section, a state board, 4,024
commission, department, division, or bureau shall also file the 4,025
rule summary and fiscal analysis prepared under section 121.24 or 4,026
127.18 of the Revised Code, or both, in both print and electronic 4,027
form along with a proposed rule, and along with a proposed rule 4,029
in revised form, that is filed under this division. 4,030
As used in this division, "commission" includes the public 4,032
utilities commission when adopting rules under a federal or state 4,033
statute.
This division does not apply to any of the following: 4,035
(1) A proposed rule of an emergency nature; 4,037
(2) A rule proposed under section 1121.05, 1121.06, 4,039
1155.18, 1733.412, 4123.29, 4123.34, 4123.341, 4123.342, 4123.40, 4,040
4123.411, 4123.44, or 4123.442 of the Revised Code; 4,042
(3) A rule proposed by an agency other than a board, 4,044
commission, department, division, or bureau of the government of 4,045
the state; 4,046
(4) A proposed internal management rule of a board, 4,048
commission, department, division, or bureau of the government of 4,049
the state; 4,050
(5) Any proposed rule that must be adopted verbatim by an 4,052
agency pursuant to federal law or rule, to become effective 4,053
within sixty days of adoption, in order to continue the operation 4,054
of a federally reimbursed program in this state, so long as the 4,055
proposed rule contains both of the following: 4,056
(a) A statement that it is proposed for the purpose of 4,058
complying with a federal law or rule; 4,059
(b) A citation to the federal law or rule that requires 4,061
verbatim compliance. 4,062
95
(6) An initial rule proposed by the director of health to 4,064
impose safety standards, quality-of-care standards, and 4,065
quality-of-care data reporting requirements with respect to a 4,066
health service specified in section 3702.11 of the Revised Code, 4,067
or an initial rule proposed by the director to impose quality 4,069
standards on a facility listed in division (A)(4) of section
3702.30 of the Revised Code, if section 3702.12 of the Revised 4,070
Code requires that the rule be adopted under this section; 4,071
(7) A rule of the state lottery commission pertaining to 4,073
instant game rules. 4,074
If a rule is exempt from legislative review under division 4,076
(D)(5) of this section, and if the federal law or rule pursuant 4,077
to which the rule was adopted expires, is repealed or rescinded, 4,078
or otherwise terminates, the rule is thereafter subject to 4,079
legislative review under division (D) of this section. 4,080
(E) Whenever a state board, commission, department, 4,082
division, or bureau files a proposed rule or a proposed rule in 4,083
revised form under division (D) of this section, it shall also 4,084
file the full text of the same proposed rule or proposed rule in 4,086
revised form in both print and electronic form with the secretary 4,087
of state and the director of the legislative service commission. 4,089
Except as provided in division (F) of this section, a state 4,090
board, commission, department, division, or bureau shall file the 4,091
rule summary and fiscal analysis prepared under section 121.24 or 4,092
127.18 of the Revised Code, or both, in both print and electronic 4,093
form along with a proposed rule or proposed rule in revised form 4,094
that is filed with the secretary of state or the director of the 4,095
legislative service commission. 4,096
(F) Except as otherwise provided in this division, the 4,098
auditor of state or the auditor of state's designee is not 4,099
required to file a rule summary and fiscal analysis along with a 4,101
proposed rule, or proposed rule in revised form, that the auditor 4,102
of state proposes under section 117.12, 117.19, 117.38, or 117.43 4,104
of the Revised Code and files under division (D) or (E) of this 4,105
96
section. If, however, the auditor of state or the designee 4,106
prepares a rule summary and fiscal analysis of the original 4,107
version of such a proposed rule for purposes of complying with 4,108
section 121.24 of the Revised Code, the auditor of state or 4,109
designee shall file the rule summary and fiscal analysis in both 4,111
print and electronic form along with the original version of the 4,112
proposed rule filed under division (D) or (E) of this section. 4,113
Sec. 117.20. (A) In adopting rules pursuant to Chapter 4,123
117. of the Revised Code, the auditor of state or the auditor of 4,124
state's designee shall do both of the following: 4,125
(1) Before adopting any such rule, except a rule of an 4,127
emergency nature, do each of the following: 4,128
(a) At least thirty-five days before any public hearing on 4,130
the proposed rule-making action, mail notice of the hearing to 4,131
each public office and to each statewide organization that the 4,132
auditor of state or designee determines will be affected or 4,134
represents persons who will be affected by the proposed 4,135
rule-making action;
(b) Mail a copy of the proposed rule to any person or 4,137
organization that requests a copy within five days after receipt 4,138
of the request; 4,139
(c) Consult with appropriate state and local government 4,141
agencies, or with persons representative of their interests, 4,142
including statewide organizations of local government officials, 4,143
and consult with accounting professionals and other interested 4,144
persons; 4,145
(d) Conduct, on the date and at the time and place 4,147
designated in the notice, a public hearing at which any person 4,148
affected by the proposed rule, including statewide organizations 4,149
of local government officials, may appear and be heard in person, 4,150
by attorney, or both, and may present the person's or 4,151
organization's position or contentions orally or in writing. 4,153
(2) Except as otherwise provided in division (A)(2) of 4,155
this section, comply with divisions (B) to (E) of section 111.15 4,156
97
of the Revised Code. The auditor of state is not required to 4,157
file a rule summary and fiscal analysis along with any copy of a 4,158
proposed rule, or proposed rule in revised form, that is filed 4,159
with the joint committee on agency rule review, the secretary of 4,160
state, or the director of the legislative service commission 4,161
under division (D) or (E) of section 111.15 of the Revised Code; 4,162
however, if the auditor of state or the auditor of state's 4,163
designee prepares a rule summary and fiscal analysis of the 4,165
original version of a proposed rule for purposes of complying 4,166
with section 121.24 of the Revised Code, the auditor of state or 4,167
designee shall file a copy of the rule summary and fiscal 4,168
analysis in both print and electronic form along with the 4,169
original version of the proposed rule filed under division (D) or 4,171
(E) of section 111.15 of the Revised Code. 4,173
(B) The auditor of state shall diligently discharge the 4,175
duties imposed by divisions (A)(1)(a), (b), and (c) of this 4,176
section, but failure to mail any notice or copy of a proposed 4,177
rule, or to consult with any person or organization, shall not 4,178
invalidate any rule. 4,179
(C) Notwithstanding any contrary provision of the Revised 4,181
Code, the auditor of state may prepare and disseminate, to public 4,182
offices and other interested persons and organizations, advisory 4,183
bulletins, directives, and instructions relating to accounting 4,184
and financial reporting systems, budgeting procedures, fiscal 4,185
controls, and the constructions by the auditor of state of 4,186
constitutional and statutory provisions, court decisions, and 4,187
opinions of the attorney general. The bulletins, directives, and 4,188
instructions shall be of an advisory nature only. 4,189
(D) As used in this section, "rule" includes the adoption, 4,191
amendment, or rescission of a rule. 4,192
Sec. 119.03. In the adoption, amendment, or rescission of 4,194
any rule, an agency shall comply with the following procedure: 4,195
(A) Reasonable public notice shall be given in the 4,197
register of Ohio at least thirty days prior to the date set for a 4,199
98
hearing, in the form the agency determines. The agency shall 4,200
file copies of the public notice under division (B) of this 4,201
section. (The agency gives public notice in the register of Ohio 4,202
when the public notice is published in the register under that 4,203
division.)
The public notice shall include: 4,206
(1) A statement of the agency's intention to consider 4,208
adopting, amending, or rescinding a rule; 4,209
(2) A synopsis of the proposed rule, amendment, or rule to 4,211
be rescinded or a general statement of the subject matter to 4,212
which the proposed rule, amendment, or rescission relates; 4,213
(3) A statement of the reason or purpose for adopting, 4,215
amending, or rescinding the rule; 4,216
(4) The date, time, and place of a hearing on the proposed 4,218
action, which shall be not earlier than the thirty-first nor 4,220
later than the fortieth day after the proposed rule, amendment, 4,222
or rescission is filed under division (B) of this section. 4,223
In addition to public notice given in the register of Ohio, 4,226
the agency may give whatever other notice it reasonably considers 4,228
necessary to ensure notice constructively is given to all persons 4,229
who are subject to or affected by the proposed rule, amendment, 4,230
or rescission.
The agency shall provide a copy of the public notice 4,233
required under division (A) of this section to any person who 4,234
requests it and pays a reasonable fee, not to exceed the cost of 4,235
copying and mailing. 4,236
(B) The full text of the proposed rule, amendment, or rule 4,239
to be rescinded, accompanied by the public notice required under 4,240
division (A) of this section, shall be filed in both print and 4,241
electronic form with the secretary of state and with the director 4,244
of the legislative service commission. (If in compliance with 4,245
this division an agency files more than one proposed rule, 4,246
amendment, or rescission at the same time, and has prepared a 4,247
public notice under division (A) of this section that applies to 4,250
99
more than one of the proposed rules, amendments, or rescissions, 4,251
the agency shall file only one notice with the secretary of state 4,252
and with the director for all of the proposed rules, amendments, 4,253
or rescissions to which the notice applies.) The proposed rule, 4,254
amendment, or rescission and public notice shall be filed as 4,255
required by this division at least sixty-five days prior to the 4,256
date on which the agency, in accordance with division (D) of this 4,257
section, issues an order adopting the proposed rule, amendment, 4,258
or rescission. 4,259
The proposed rule, amendment, or rescission shall be 4,262
available for at least thirty days prior to the date of the
hearing at the office of the agency in printed or other legible 4,263
form without charge to any person affected by the proposal. 4,264
Failure to furnish such text to any person requesting it shall 4,265
not invalidate any action of the agency in connection therewith. 4,266
If the agency files a substantive revision in the text of 4,268
the proposed rule, amendment, or rescission under division (H) of 4,269
this section, it shall also promptly file the full text of the 4,271
proposed rule, amendment, or rescission in its revised form in 4,272
both print and electronic form with the secretary of state and 4,273
with the director of the legislative service commission. 4,274
The agency shall file the rule summary and fiscal analysis 4,278
prepared under section 121.24 or 127.18 of the Revised Code, or 4,279
both, in both print and electronic form along with a proposed 4,280
rule, amendment, or rescission or proposed rule, amendment, or 4,283
rescission in revised form that is filed with the secretary of 4,284
state or the director of the legislative service commission. 4,285
The director of the legislative service commission shall 4,287
publish in the register of Ohio the full text of the original and 4,289
each revised version of a proposed rule, amendment, or 4,290
rescission; the full text of a public notice; and the full text 4,292
of a rule summary and fiscal analysis that is filed with the 4,293
director under this division.
(C) On the date and at the time and place designated in 4,295
100
the notice, the agency shall conduct a public hearing at which 4,296
any person affected by the proposed action of the agency may 4,297
appear and be heard in person, by the person's attorney, or both, 4,299
may present the person's position, arguments, or contentions, 4,300
orally or in writing, offer and examine witnesses, and present 4,302
evidence tending to show that the proposed rule, amendment, or 4,303
rescission, if adopted or effectuated, will be unreasonable or 4,304
unlawful. An agency may permit persons affected by the proposed 4,305
rule, amendment, or rescission to present their positions, 4,306
arguments, or contentions in writing, not only at the hearing, 4,307
but also for a reasonable period before, after, or both before 4,308
and after the hearing. A person who presents a position or 4,309
arguments or contentions in writing before or after the hearing 4,310
is not required to appear at the hearing. 4,311
At the hearing, the testimony shall be recorded. Such 4,313
record shall be made at the expense of the agency. The agency is 4,316
required to transcribe a record that is not sight readable only 4,317
if a person requests transcription of all or part of the record 4,318
and agrees to reimburse the agency for the costs of the 4,319
transcription. An agency may require the person to pay in 4,320
advance all or part of the cost of the transcription. 4,321
In any hearing under this section the agency may administer 4,323
oaths or affirmations. 4,324
(D) After complying with divisions (A), (B), (C), and (H) 4,327
of this section, and when the time for legislative review and 4,328
invalidation under division (I) of this section has expired, the 4,329
agency may issue an order adopting the proposed rule or the 4,330
proposed amendment or rescission of the rule, consistent with the 4,331
synopsis or general statement included in the public notice. At 4,332
that time the agency shall designate the effective date of the 4,333
rule, amendment, or rescission, which shall not be earlier than 4,334
the tenth day after the rule, amendment, or rescission has been 4,335
filed in its final form as provided in section 119.04 of the 4,336
Revised Code. 4,337
101
(E) Prior to the effective date of a rule, amendment, or 4,339
rescission, the agency shall make a reasonable effort to inform 4,340
those affected by the rule, amendment, or rescission and to have 4,341
available for distribution to those requesting it the full text 4,342
of the rule as adopted or as amended. 4,343
(F) If the governor, upon the request of an agency, 4,345
determines that an emergency requires the immediate adoption, 4,346
amendment, or rescission of a rule, the governor shall issue an 4,348
order, the text of which shall be filed in both print and
electronic form with the agency, the secretary of state, the 4,350
director of the legislative service commission, and the joint 4,351
committee on agency rule review, that the procedure prescribed by 4,352
this section with respect to the adoption, amendment, or 4,353
rescission of a specified rule is suspended. The agency may then 4,354
adopt immediately the emergency rule, amendment, or rescission 4,355
and it becomes effective on the date the rule, amendment, or 4,356
rescission, in final form and in compliance with division (A)(2) 4,357
of section 119.04 of the Revised Code, are filed in both print 4,358
and electronic form with the secretary of state, the director of 4,360
the legislative service commission, and the joint committee on 4,361
agency rule review. If all filings are not completed on the same 4,362
day, the emergency rule, amendment, or rescission shall be 4,363
effective on the day on which the latest filing is completed. 4,364
The director shall publish the full text of the emergency rule, 4,365
amendment, or rescission in the register of Ohio. 4,366
The emergency rule, amendment, or rescission shall become 4,369
invalid at the end of the ninetieth day it is in effect. Prior 4,370
to that date the agency may adopt the emergency rule, amendment, 4,371
or rescission as a nonemergency rule, amendment, or rescission by 4,372
complying with the procedure prescribed by this section for the 4,373
adoption, amendment, and rescission of nonemergency rules. The 4,374
agency shall not use the procedure of this division to readopt 4,375
the emergency rule, amendment, or rescission so that, upon the 4,376
emergency rule, amendment, or rescission becoming invalid under 4,377
102
this division, the emergency rule, amendment, or rescission will 4,378
continue in effect without interruption for another ninety-day 4,379
period.
This division does not apply to the adoption of any 4,381
emergency rule, amendment, or rescission by the tax commissioner 4,382
under division (C)(2) of section 5117.02 of the Revised Code. 4,383
(G) Rules adopted by an authority within the department of 4,385
taxation or the bureau of employment services shall be effective 4,386
without a hearing as provided by this section if the statutes 4,387
pertaining to such agency specifically give a right of appeal to 4,388
the board of tax appeals or to a higher authority within the 4,389
agency or to a court, and also give the appellant a right to a 4,390
hearing on such appeal. This division does not apply to the 4,391
adoption of any rule, amendment, or rescission by the tax 4,392
commissioner under division (C)(1) or (2) of section 5117.02 of 4,393
the Revised Code, or deny the right to file an action for 4,394
declaratory judgment as provided in Chapter 2721. of the Revised 4,395
Code from the decision of the board of tax appeals or of the 4,396
higher authority within such agency. 4,397
(H) When any agency files a proposed rule, amendment, or 4,399
rescission under division (B) of this section, it shall also file 4,400
in both print and electronic form with the joint committee on 4,402
agency rule review the full text of the proposed rule, amendment, 4,403
or rule to be rescinded in the same form and the public notice 4,404
required under division (A) of this section. (If in compliance 4,405
with this division an agency files more than one proposed rule, 4,406
amendment, or rescission at the same time, and has given a public 4,407
notice under division (A) of this section that applies to more 4,408
than one of the proposed rules, amendments, or rescissions, the 4,409
agency shall file only one notice with the joint committee for 4,411
all of the proposed rules, amendments, or rescissions to which 4,412
the notice applies.) If the agency makes a substantive revision 4,413
in a proposed rule, amendment, or rescission after it is filed 4,414
with the joint committee, the agency shall promptly file the full 4,415
103
text of the proposed rule, amendment, or rescission in its 4,416
revised form in both print and electronic form with the joint 4,418
committee. The latest version of a proposed rule, amendment, or 4,419
rescission as filed with the joint committee supersedes each 4,420
earlier version of the text of the same proposed rule, amendment, 4,421
or rescission. An agency shall file the rule summary and fiscal 4,423
analysis prepared under section 121.24 or 127.18 of the Revised 4,424
Code, or both, in both print and electronic form along with a 4,426
proposed rule, amendment, or rescission, and along with a 4,427
proposed rule, amendment, or rescission in revised form, that is 4,428
filed under this division. 4,429
This division does not apply to: 4,431
(1) An emergency rule, amendment, or rescission; 4,433
(2) Any proposed rule, amendment, or rescission that must 4,435
be adopted verbatim by an agency pursuant to federal law or rule, 4,436
to become effective within sixty days of adoption, in order to 4,437
continue the operation of a federally reimbursed program in this 4,438
state, so long as the proposed rule contains both of the 4,439
following: 4,440
(a) A statement that it is proposed for the purpose of 4,442
complying with a federal law or rule; 4,443
(b) A citation to the federal law or rule that requires 4,445
verbatim compliance. 4,446
If a rule or amendment is exempt from legislative review 4,448
under division (H)(2) of this section, and if the federal law or 4,449
rule pursuant to which the rule or amendment was adopted expires, 4,450
is repealed or rescinded, or otherwise terminates, the rule or 4,451
amendment, or its rescission, is thereafter subject to 4,452
legislative review under division (H) of this section. 4,453
(I)(1) The joint committee on agency rule review may 4,455
recommend the adoption of a concurrent resolution invalidating a 4,456
proposed rule, amendment, rescission, or part thereof if it finds 4,457
any of the following: 4,458
(a) That the rule-making agency has exceeded the scope of 4,460
104
its statutory authority in proposing the rule, amendment, or 4,461
rescission; 4,462
(b) That the proposed rule, amendment, or rescission 4,464
conflicts with another rule, amendment, or rescission adopted by 4,465
the same or a different rule-making agency; 4,466
(c) That the proposed rule, amendment, or rescission 4,468
conflicts with the legislative intent in enacting the statute 4,469
under which the rule-making agency proposed the rule, amendment, 4,470
or rescission; 4,471
(d) That the rule-making agency has failed to prepare a 4,473
complete and accurate rule summary and fiscal analysis of the 4,474
proposed rule, amendment, or rescission as required by section 4,475
121.24 or 127.18 of the Revised Code, or both. 4,476
The joint committee shall not hold its public hearing on a 4,478
proposed rule, amendment, or rescission earlier than the 4,479
forty-first day after the original version of the proposed rule, 4,480
amendment, or rescission was filed with the joint committee. 4,481
The house of representatives and senate may adopt a 4,483
concurrent resolution invalidating a proposed rule, amendment, 4,484
rescission, or part thereof. The concurrent resolution shall 4,485
state which of the specific rules, amendments, rescissions, or 4,486
parts thereof are invalidated. A concurrent resolution 4,487
invalidating a proposed rule, amendment, or rescission shall be 4,488
adopted not later than the sixty-fifth day after the original 4,490
version of the text of the proposed rule, amendment, or 4,491
rescission is filed with the joint committee, except that if more 4,492
than thirty-five days after the original version is filed the 4,493
rule-making agency either files a revised version of the text of 4,494
the proposed rule, amendment, or rescission, or revises the rule 4,495
summary and fiscal analysis in accordance with division (I)(4) of 4,496
this section, a concurrent resolution invalidating the proposed 4,497
rule, amendment, or rescission shall be adopted not later than 4,498
the thirtieth day after the revised version of the proposed rule 4,500
or rule summary and fiscal analysis is filed. If, after the 4,501
105
joint committee on agency rule review recommends the adoption of 4,502
a concurrent resolution invalidating a proposed rule, amendment, 4,503
rescission, or part thereof, the house of representatives or 4,504
senate does not, within the time remaining for adoption of the 4,505
concurrent resolution, hold five floor sessions at which its 4,506
journal records a roll call vote disclosing a sufficient number 4,507
of members in attendance to pass a bill, the time within which 4,508
that house may adopt the concurrent resolution is extended until 4,509
it has held five such floor sessions. 4,510
Within five days after the adoption of a concurrent 4,512
resolution invalidating a proposed rule, amendment, rescission, 4,513
or part thereof, the clerk of the senate shall send the 4,514
rule-making agency, the secretary of state, and the director of 4,515
the legislative service commission in both print and electronic 4,516
form a certified text of the resolution together with a 4,518
certification stating the date on which the resolution takes 4,519
effect. The secretary of state and the director of the 4,520
legislative service commission shall each note the invalidity of 4,521
the proposed rule, amendment, rescission, or part thereof, and 4,522
shall each remove the invalid proposed rule, amendment, 4,524
rescission, or part thereof from the file of proposed rules. The 4,525
rule-making agency shall not proceed to adopt in accordance with 4,526
division (D) of this section, or to file in accordance with 4,527
division (B)(1) of section 111.15 of the Revised Code, any 4,528
version of a proposed rule, amendment, rescission, or part 4,529
thereof that has been invalidated by concurrent resolution. 4,530
Unless the house of representatives and senate adopt a 4,532
concurrent resolution invalidating a proposed rule, amendment, 4,533
rescission, or part thereof within the time specified by this 4,534
division, the rule-making agency may proceed to adopt in 4,535
accordance with division (D) of this section, or to file in 4,536
accordance with division (B)(1) of section 111.15 of the Revised 4,537
Code, the latest version of the proposed rule, amendment, or 4,538
rescission as filed with the joint committee. If by concurrent 4,539
106
resolution certain of the rules, amendments, rescissions, or 4,540
parts thereof are specifically invalidated, the rule-making 4,541
agency may proceed to adopt, in accordance with division (D) of 4,542
this section, or to file in accordance with division (B)(1) of 4,543
section 111.15 of the Revised Code, the latest version of the 4,544
proposed rules, amendments, rescissions, or parts thereof as 4,545
filed with the joint committee that are not specifically 4,546
invalidated. The rule-making agency may not revise or amend any 4,547
proposed rule, amendment, rescission, or part thereof that has 4,548
not been invalidated except as provided in this chapter or in 4,549
section 111.15 of the Revised Code. 4,550
(2)(a) A proposed rule, amendment, or rescission that is 4,552
filed with the joint committee under division (H) of this section 4,553
or division (D) of section 111.15 of the Revised Code shall be 4,554
carried over for legislative review to the next succeeding 4,555
regular session of the general assembly if the original or any 4,556
revised version of the proposed rule, amendment, or rescission is 4,557
filed with the joint committee on or after the first day of 4,558
December of any year. 4,559
(b) The latest version of any proposed rule, amendment, or 4,561
rescission that is subject to division (I)(2)(a) of this section, 4,562
as filed with the joint committee, is subject to legislative 4,563
review and invalidation in the next succeeding regular session of 4,564
the general assembly in the same manner as if it were the 4,565
original version of a proposed rule, amendment, or rescission 4,566
that had been filed with the joint committee for the first time 4,567
on the first day of the session. A rule-making agency shall not 4,568
adopt in accordance with division (D) of this section, or file in 4,569
accordance with division (B)(1) of section 111.15 of the Revised 4,570
Code, any version of a proposed rule, amendment, or rescission 4,571
that is subject to division (I)(2)(a) of this section until the 4,572
time for legislative review and invalidation, as contemplated by 4,573
division (I)(2)(b) of this section, has expired. 4,574
(3) Invalidation of any version of a proposed rule, 4,576
107
amendment, rescission, or part thereof by concurrent resolution 4,577
shall prevent the rule-making agency from instituting or 4,578
continuing proceedings to adopt any version of the same proposed 4,579
rule, amendment, rescission, or part thereof for the duration of 4,580
the general assembly that invalidated the proposed rule, 4,581
amendment, rescission, or part thereof unless the same general 4,582
assembly adopts a concurrent resolution permitting the 4,583
rule-making agency to institute or continue such proceedings. 4,584
The failure of the general assembly to invalidate a 4,586
proposed rule, amendment, rescission, or part thereof under this 4,587
section shall not be construed as a ratification of the 4,588
lawfulness or reasonableness of the proposed rule, amendment, 4,589
rescission, or any part thereof or of the validity of the 4,590
procedure by which the proposed rule, amendment, rescission, or 4,591
any part thereof was proposed or adopted. 4,592
(4) In lieu of recommending a concurrent resolution to 4,594
invalidate a proposed rule, amendment, rescission, or part 4,595
thereof because the rule-making agency has failed to prepare a 4,596
complete and accurate fiscal analysis, the joint committee on 4,597
agency rule review may issue, on a one-time basis, for rules, 4,598
amendments, rescissions, or parts thereof that have a fiscal 4,599
effect on school districts, counties, townships, or municipal 4,600
corporations, a finding that the rule summary and fiscal analysis 4,602
is incomplete or inaccurate and order the rule-making agency to 4,603
revise the rule summary and fiscal analysis and refile it with 4,604
the proposed rule, amendment, rescission, or part thereof. If an 4,605
emergency rule is filed as a nonemergency rule before the end of 4,606
the ninetieth day of the emergency rule's effectiveness, and the 4,607
joint committee issues a finding and orders the rule-making 4,608
agency to refile under division (I)(4) of this section, the 4,609
governor may also issue an order stating that the emergency rule 4,610
shall remain in effect for an additional sixty days after the 4,611
ninetieth day of the emergency rule's effectiveness. The 4,612
governor's orders shall be filed in accordance with division (F) 4,613
108
of this section. The joint committee shall send in both print 4,615
and electronic form to the rule-making agency, the secretary of 4,616
state, and the director of the legislative service commission a 4,617
certified text of the finding and order to revise the rule 4,618
summary and fiscal analysis, which shall take immediate effect. 4,620
An order issued under division (I)(4) of this section shall 4,623
prevent the rule-making agency from instituting or continuing 4,624
proceedings to adopt any version of the proposed rule, amendment, 4,625
rescission, or part thereof until the rule-making agency revises 4,626
the rule summary and fiscal analysis and refiles it in both print 4,628
and electronic form with the joint committee along with the 4,629
proposed rule, amendment, rescission, or part thereof. If the 4,630
joint committee finds the rule summary and fiscal analysis to be 4,631
complete and accurate, the joint committee shall issue a new 4,632
order noting that the rule-making agency has revised and refiled 4,633
a complete and accurate rule summary and fiscal analysis. The 4,634
joint committee shall send in both print and electronic form to 4,637
the rule-making agency, the secretary of state, and the director 4,638
of the legislative service commission a certified text of this 4,639
new order. The secretary of state and the director of the 4,640
legislative service commission shall each attach and link this 4,641
order to the proposed rule, amendment, rescission, or part 4,642
thereof. The rule-making agency may then proceed to adopt in 4,643
accordance with division (D) of this section, or to file in 4,644
accordance with division (B)(1) of section 111.15 of the Revised 4,645
Code, the proposed rule, amendment, rescission, or part thereof 4,646
that was subject to the finding and order under division (I)(4) 4,647
of this section. If the joint committee determines that the 4,648
revised rule summary and fiscal analysis is still inaccurate or 4,649
incomplete, the joint committee shall recommend the adoption of a 4,650
concurrent resolution in accordance with division (I)(1) of this 4,651
section.
Sec. 119.031. (A) The chairperson of the joint committee 4,661
on agency rule review shall compare each rule, amendment, or 4,662
109
rescission as filed in final form with the latest version of the 4,663
same rule, amendment, or rescission as filed in proposed form. 4,664
(B) If, upon making the comparison required by division 4,666
(A) of this section, the chairperson of the joint committee on 4,668
agency rule review finds that the rule-making agency has made a 4,669
substantive revision in the rule, amendment, or rescission 4,670
between the time it filed the latest version of the rule, 4,671
amendment, or rescission in proposed form and the time it filed 4,672
the rule, amendment, or rescission in final form, the chairperson 4,674
shall promptly notify the rule-making agency, the secretary of
state, and the director of the legislative service commission in 4,675
both print and electronic form of that finding. 4,676
(C) The joint committee on agency rule review shall review 4,678
any rule, amendment, or rescission as filed in final form if, 4,679
under division (B) of this section, it is found to contain a 4,680
substantive revision. The joint committee may do either or both 4,681
of the following: 4,682
(1) If the joint committee makes any of the findings 4,684
stated in division (I)(1)(a), (b), or (c) of section 119.03 of 4,685
the Revised Code, it may suspend the rule, amendment, rescission, 4,686
or any part thereof. The suspension shall remain in effect until 4,687
the time for legislative review and invalidation has expired 4,688
under division (D) of this section, or until the general assembly 4,689
adopts a concurrent resolution invalidating the rule, amendment, 4,690
rescission, or any part thereof, whichever occurs first. The 4,691
chairperson of the joint committee shall promptly notify the 4,693
rule-making agency, the secretary of state, and the director of 4,694
the legislative service commission in both print and electronic 4,695
form of the suspension. 4,696
(2) The joint committee may recommend the adoption of a 4,698
concurrent resolution invalidating the rule, amendment, 4,699
rescission, or any part thereof if it makes any of the findings 4,700
stated in division (I)(1)(a), (b), or (c) of section 119.03 of 4,701
the Revised Code. 4,702
110
(D) A rule, amendment, or rescission that, under division 4,704
(B) of this section, is found to contain a substantive revision 4,705
shall nevertheless become effective pursuant to division (B)(1) 4,706
of section 111.15, division (A)(1) of section 119.04, division 4,707
(B)(1) of section 4141.14, or division (A) of section 5703.14 of 4,708
the Revised Code and remain in effect as filed in final form 4,709
unless: 4,710
(1) Under division (C)(1) of this section, the joint 4,712
committee suspends the rule, amendment, rescission, or any part 4,713
thereof; or 4,714
(2) Prior to the sixtieth day after the rule, amendment, 4,716
or rescission was filed in final form, the house of 4,717
representatives and senate adopt a concurrent resolution 4,718
invalidating the rule, amendment, rescission, or any part 4,719
thereof. If, after the joint committee on agency rule review 4,720
recommends the adoption of a concurrent resolution invalidating 4,721
the rule, amendment, rescission, or part thereof, the house of 4,722
representatives or senate does not, within the time remaining for 4,723
adoption of the concurrent resolution, hold five floor sessions 4,724
at which its journal records a roll call vote disclosing a 4,725
sufficient number of members in attendance to pass a bill, the 4,726
time within which that house may adopt the concurrent resolution 4,727
is extended until it has held five such floor sessions. 4,728
Upon the adoption of such a concurrent resolution, the 4,730
clerk of the senate shall, within five days thereafter, send the 4,731
rule-making agency, the secretary of state, and the director of 4,732
the legislative service commission, in both print and electronic 4,734
form, a certified copy of the resolution together with a 4,736
certification stating the date on which the resolution takes 4,737
effect. The secretary of state and the director shall each note 4,738
the invalidity of the rule, amendment, rescission, or part 4,739
thereof, and shall remove the invalid rule, amendment, 4,741
rescission, or part thereof from the file of current rules. The 4,742
director shall also indicate in the Ohio administrative code that 4,743
111
the rule, amendment, rescission, or part thereof is invalid and 4,744
the date of invalidation. The rule-making agency shall make 4,745
appropriate adjustments to reflect the invalidity of the rule, 4,746
amendment, rescission, or part thereof. 4,747
(E) Invalidation of a rule, amendment, rescission, or part 4,749
thereof under this section shall prevent the rule-making agency 4,750
from instituting proceedings to readopt any version of the same 4,751
rule, amendment, rescission, or part thereof for the duration of 4,752
the general assembly that invalidated the rule, amendment, 4,753
rescission, or part thereof unless the same general assembly 4,754
adopts a concurrent resolution permitting the rule-making agency 4,755
to institute such proceedings. 4,756
(F) The failure of the general assembly to invalidate a 4,758
rule, amendment, rescission, or part thereof under this section 4,759
shall not be construed as a ratification of the lawfulness or 4,760
reasonableness of the rule, amendment, rescission, or any part 4,761
thereof or of the validity of the procedure by which the rule, 4,762
amendment, rescission, or any part thereof was adopted. 4,763
(G) As used in this section, a rule, amendment, or 4,765
rescission is filed: 4,766
(1) "In proposed form" when it is filed in such form with 4,768
the joint committee under division (D) of section 111.15 or 4,769
division (H) of section 119.03 of the Revised Code; 4,770
(2) "In final form" when it is filed in such form with the 4,772
joint committee under division (B)(1)(b) of section 111.15, 4,773
division (A)(1)(b) of section 119.04, division (B)(1)(b) of 4,774
section 4141.14, or division (A)(2) of section 5703.14 of the 4,775
Revised Code. 4,776
Sec. 119.032. (A) As used in this section: 4,785
(1) "Agency" includes both an agency as defined in 4,787
division (A)(2) of section 111.15 and an agency as defined in 4,788
division (A) of section 119.01 of the Revised Code. 4,789
(2) "Review date" means the review date assigned to a rule 4,791
by an agency under division (B) or (E)(2) of this section or 4,792
112
under section 111.15, 119.04, or 4141.14 of the Revised Code or a 4,795
review date assigned to a rule by the joint committee on agency
rule review under division (B) of this section. 4,796
(3)(a) "Rule" means only a rule whose adoption, amendment, 4,798
or rescission is subject to review under division (D) of section 4,801
111.15 or division (H) of section 119.03 of the Revised Code. 4,802
(b) "Rule" does not include a rule adopted, amended, or 4,805
rescinded by the department of taxation under section 5703.14 of
the Revised Code, a rule of a state college or university, 4,806
community college district, technical college district, or state 4,807
community college, or a rule that is consistent with and 4,808
equivalent to the form required by a federal law and that does 4,809
not exceed the minimum scope and intent of that federal law. 4,810
(B) Within one hundred eighty days after the effective 4,813
date of this section, each agency shall assign a review date to 4,814
each of its rules that is currently in effect and shall notify
the joint committee on agency rule review of the review date for 4,816
each such rule. The agency shall assign review dates to its
rules so that approximately one-fifth of the rules are scheduled 4,817
for review during each calendar year of the five-year period that 4,818
begins one hundred eighty days after the effective date of this 4,819
section, except that an agency, with the joint committee's 4,820
approval, may set a review schedule for the agency's rules in 4,821
which there is no requirement that approximately one-fifth of the 4,822
agency's rules be assigned a review date during each calendar
year of the five-year period but in which all of the agency's 4,823
rules are assigned a review date during that five-year period. 4,824
An agency may change the review dates it has assigned to specific 4,825
rules so long as the agency complies with the five-year time 4,826
deadline specified in this division. Upon the request of the 4,828
agency that adopted the rule, the joint committee on agency rule
review may assign a review date to a rule that is not later than 4,830
one hundred twenty days after the original review date assigned 4,831
to the rule by the agency under this division, division (E)(2) of 4,832
113
this section, or section 111.15, 119.04, or 4141.14 of the 4,833
Revised Code. The joint committee may extend for not longer than 4,834
sixty days a review date it has assigned to a rule under this 4,835
division.
(C) Prior to the review date of a rule, the agency that 4,838
adopted the rule shall review the rule to determine all of the
following: 4,839
(1) Whether the rule should be continued without 4,841
amendment, be amended, or be rescinded, taking into consideration 4,842
the purpose, scope, and intent of the statute under which the 4,843
rule was adopted;
(2) Whether the rule needs amendment or rescission to give 4,845
more flexibility at the local level; 4,847
(3) Whether the rule needs amendment or rescission to 4,849
eliminate unnecessary paperwork; 4,851
(4) Whether the rule duplicates, overlaps with, or 4,853
conflicts with other rules. 4,854
(D) In making the review required under division (C) of 4,857
this section, the agency shall consider the continued need for 4,858
the rule, the nature of any complaints or comments received 4,859
concerning the rule, and any relevant factors that have changed 4,860
in the subject matter area affected by the rule.
(E)(1) At least ninety days before the designated review 4,863
date of a rule, the agency that adopted the rule shall provide 4,864
the joint committee on agency rule review with a notice under
division (E)(2) of this section in both print and electronic form 4,865
indicating that the agency has reviewed the rule. 4,867
(2) If the agency has determined that the rule does not 4,869
need to be amended or rescinded, the notice shall state the 4,870
agency's determination, provide an accurate rule summary and 4,871
fiscal analysis for the rule as described in section 127.18 of 4,872
the Revised Code, and assign a new review date to the rule, which 4,874
shall not be later than five years after the rule's immediately
preceding review date. After the joint committee has reviewed 4,876
114
such a rule for the first time, including any rule that was in
effect on the effective date of this section, the agency in its 4,877
subsequent reviews of the rule may provide the same fiscal 4,878
analysis it provided to the joint committee during its 4,879
immediately preceding review of the rule unless any of the 4,880
conditions described in division (B)(4), (5), (6), (8), (9), or 4,881
(10) of section 127.18 of the Revised Code, as they relate to the 4,883
rule, have appreciably changed since the joint committee's 4,884
immediately preceding review of the rule. If any of these 4,885
conditions, as they relate to the rule, have appreciably changed, 4,886
the agency shall provide the joint committee with an updated 4,887
fiscal analysis for the rule. If no review date is assigned to a
rule, or if a review date assigned to a rule exceeds the 4,888
five-year maximum, the review date for the rule is five years 4,890
after its immediately preceding review date. The joint committee 4,891
shall give public notice in the register of Ohio of the agency's 4,892
determination after receiving a notice from the agency under 4,893
division (E)(2) of this section. The joint committee shall 4,894
transmit a copy of the notice in both print and electronic form 4,895
to the director of the legislative service commission. The 4,896
director shall publish the notice in the register of Ohio for 4,897
four consecutive weeks after its receipt. 4,898
(3) During the ninety-day period following the date the 4,900
joint committee receives a notice under division (E)(2) of this 4,902
section but after the four-week period described in division
(E)(2) of this section has ended, the joint committee, by a 4,903
two-thirds vote of the members present, may recommend the 4,904
adoption of a concurrent resolution invalidating the rule if the 4,905
joint committee determines that either of the following applies: 4,906
(a) The agency improperly applied the criteria described 4,909
in divisions (C) and (D) of this section in reviewing the rule 4,910
and in recommending its continuance without amendment or 4,911
rescission.
(b) The agency failed to file proper notice with the joint 4,914
115
committee regarding the rule.
(4) If the joint committee does not take the action 4,916
described in division (E)(3) of this section regarding a rule 4,918
during the ninety-day period after the date the joint committee
receives a notice under division (E)(2) of this section regarding 4,920
that rule, the rule shall continue in effect without amendment
and shall be next reviewed by the joint committee by the date 4,921
designated by the agency in the notice provided to the joint 4,922
committee under division (E)(2) of this section. 4,923
(5) If the agency has determined that a rule reviewed 4,925
under division (C) of this section needs to be amended or 4,927
rescinded, the agency, at least ninety days before the rule's 4,928
review date, shall file the rule as amended or rescinded in
accordance with section 111.15, 119.03, or 4141.14 of the Revised 4,929
Code, as applicable. 4,930
(6) Within one hundred eighty days after the effective 4,932
date of this section, each agency shall provide the joint 4,933
committee with a list of the rules that it has determined are 4,934
rules described in division (A)(3)(b) of this section. At a time 4,935
the joint committee designates, each agency shall appear before 4,936
the joint committee and explain why it has determined that such 4,937
rules are rules described in division (A)(3)(b) of this section. 4,938
The joint committee, by a two-thirds vote of the members present, 4,939
may determine that any of such rules are rules described in 4,940
division (A)(3)(a) of this section. After the joint committee 4,941
has made such a determination relating to a rule, the agency 4,943
shall thereafter treat the rule as a rule described in division 4,944
(A)(3)(a) of this section.
(F) If an agency fails to provide the notice to the joint 4,947
committee required under division (E)(2) of this section 4,948
regarding a rule or otherwise fails by the rule's review date to 4,949
take any action regarding the rule required by this section, the 4,950
joint committee, by a majority vote of the members present, may 4,951
recommend the adoption of a concurrent resolution invalidating 4,952
116
the rule. The joint committee shall not recommend the adoption
of such a resolution until it has afforded the agency the 4,953
opportunity to appear before the joint committee to show cause 4,954
why the joint committee should not recommend the adoption of such 4,955
a resolution regarding that rule. 4,956
(G) If the joint committee recommends adoption of a 4,959
concurrent resolution invalidating a rule under division (E)(3) 4,960
or (F) of this section, the adoption of the concurrent resolution 4,961
shall be in the manner described in division (I) of section 4,962
119.03 of the Revised Code. 4,963
Sec. 119.0311. Each agency shall prepare and publish, and 4,966
as it becomes necessary or advisable, revise and republish, a 4,967
guide to its rule-making process that functions generally to 4,968
assist members of the public who participate, or who may wish to 4,969
participate, in the agency's rule-making. The agency's guide is 4,970
to include: 4,971
(A) A statement of the agency's regulatory mission; 4,974
(B) A description of how the agency is organized to 4,977
achieve its regulatory mission;
(C) An explanation of rule-making the agency is authorized 4,980
or required to engage in to achieve its regulatory mission; 4,981
(D) An explanation of the agency's rule-making process; 4,984
(E) An indication of the points in the agency's 4,987
rule-making process at which members of the public can 4,988
participate;
(F) An explanation of how members of the public can 4,991
participate in the agency's rule-making process at each indicated 4,992
point of participation; and 4,993
(G) Other information the agency reasonably concludes will 4,996
assist members of the public meaningfully to participate in the 4,997
agency's rule-making. 4,998
An agency's guide is not to be adopted as a rule, but 5,000
rather as a narrative explanation of the matters outlined in this 5,002
section. An agency's failure to conform its rule-making process 5,003
117
to its guide is not cause for invalidating a rule, amendment, or 5,004
rescission adopted by the agency.
The agency shall publish or republish its guide both in the 5,008
register of Ohio and as a printed pamphlet.
The agency shall submit a copy of its guide, in pamphlet 5,010
and in electronic form, to the director of the legislative 5,011
service commission. The director thereupon shall publish the 5,012
agency's guide in the register of Ohio. 5,013
The agency shall provide a copy of its pamphlet guide to 5,015
any person upon request. The agency may charge the person a fee 5,016
for this service, but the fee is not to exceed the per copy cost 5,017
of producing the pamphlet guide and the actual cost of delivering 5,018
it to the person. 5,019
Sec. 119.04. (A)(1) Any rule adopted by any agency shall 5,028
be effective on the tenth day after the day on which the rule in 5,029
final form and in compliance with division (A)(2) of this section 5,030
is filed as follows: 5,031
(a) The rule shall be filed in both print and electronic 5,033
form with both the secretary of state and the director of the 5,034
legislative service commission; 5,035
(b) The rule shall be filed in both print and electronic 5,037
form with the joint committee on agency rule review. Division 5,038
(A)(1)(b) of this section does not apply to any rule to which 5,039
division (H) of section 119.03 of the Revised Code does not 5,040
apply.
If all filings are not completed on the same day, the rule 5,042
shall be effective on the tenth day after the day on which the 5,043
latest filing is completed. If an agency in adopting a rule 5,044
designates an effective date that is later than the effective 5,045
date provided for by this division, the rule if filed as required 5,046
by this division shall become effective on the later date 5,047
designated by the agency. 5,048
An agency that adopts or amends a rule that is subject to 5,050
division (H) of section 119.03 of the Revised Code shall assign a 5,052
118
review date to the rule that is not later than five years after 5,053
its effective date. If no review date is assigned to a rule, or
if a review date assigned to a rule exceeds the five-year 5,054
maximum, the review date for the rule is five years after its 5,055
effective date. A rule with a review date is subject to review 5,056
under section 119.032 of the Revised Code. This paragraph does 5,057
not apply to the department of taxation. 5,058
(2) The agency shall file the rule in compliance with the 5,060
following standards and procedures: 5,061
(a) The rule shall be numbered in accordance with the 5,063
numbering system devised by the director for the Ohio 5,064
administrative code. 5,065
(b) The rule shall be prepared and submitted in compliance 5,067
with the rules of the legislative service commission. 5,068
(c) The rule shall clearly state the date on which it is 5,070
to be effective and the date on which it will expire, if known. 5,071
(d) Each rule that amends or rescinds another rule shall 5,073
clearly refer to the rule that is amended or rescinded. Each 5,074
amendment shall fully restate the rule as amended. 5,075
If the director of the legislative service commission or 5,077
the director's designee gives an agency notice pursuant to 5,078
section 103.05 of the Revised Code that a rule filed by the 5,080
agency is not in compliance with the rules of the commission, the 5,081
agency shall within thirty days after receipt of the notice 5,082
conform the rule to the rules of the commission as directed in 5,083
the notice.
(3) As used in this section, "rule" includes an amendment 5,085
or rescission of a rule. 5,086
(B) The secretary of state and the director shall preserve 5,088
the rules filed under division (A)(1)(a) of this section in an 5,089
accessible manner. Each such rule shall be a public record open 5,090
to public inspection and may be transmitted to any law publishing 5,091
company that wishes to reproduce it. 5,092
Any rule that has been adopted in compliance with section 5,094
119
119.03 of the Revised Code and that is in effect before January 5,095
1, 1977, may be divided into sections, numbered, provided with a 5,096
subject heading, and filed with the secretary of state and the 5,097
director to comply with the provisions of this section without 5,098
carrying out the adoption procedure required by section 119.03 of 5,099
the Revised Code. The codification of existing rules to comply 5,100
with this section shall not constitute adoption, amendment, or 5,101
rescission. 5,102
Sec. 121.24. (A) As used in this section: 5,112
(1) "Agency" means any agency as defined in division 5,114
(A)(2) of section 111.15 or division (A) of section 119.01 of the 5,115
Revised Code. 5,116
(2) "Employee" means a person who is employed by a small 5,118
business or small organization for at least one thousand eight 5,119
hundred hours per year. 5,120
(3) A rule is "filed in final form" when it is filed with 5,122
the secretary of state, the director of the legislative service 5,123
commission, and the joint committee on agency rule review under 5,124
division (B)(1) of section 111.15, division (A)(1) of section 5,125
119.04, division (B)(1) of section 4141.14, or division (A) of 5,126
section 5703.14 of the Revised Code. 5,127
(4) "History trail" means the supplementary information 5,129
required to be provided on each copy of a proposed rule, which 5,130
information is not part of the text of the rule, and sets forth 5,131
the statute prescribing the procedure in accordance with which 5,132
the proposed rule is required to be adopted, the statute that 5,133
authorizes the agency to adopt the proposed rule, the statute 5,134
that the agency intends to amplify or implement by adopting the 5,135
proposed rule, the effective dates of any previous versions of 5,136
the rule that is the subject of the proposal, and other similar 5,137
information as prescribed in rules of the legislative service 5,138
commission. 5,139
(5) "Individual" means any individual who is affected by a 5,141
rule in the individual's capacity as an officer or employee of a 5,143
120
small business or small organization. 5,144
(6) "Rule summary and fiscal analysis" means a rule 5,146
summary and fiscal analysis of a proposed rule that provides the 5,147
information required by division (B) of section 127.18 of the 5,148
Revised Code, and that has been prepared in the form prescribed 5,149
by the joint committee on agency rule review under division (E) 5,150
of that section. 5,151
(7) "Rate" means any rate, classification, fare, toll, 5,153
rental, or charge of a public utility. 5,154
(8) "Rule" means any rule, regulation, or standard having 5,156
a general and uniform operation, including any appendix thereto, 5,157
that is adopted, promulgated, and enforced by an agency under the 5,158
authority of the laws governing the agency. "Rule" includes the 5,159
adoption of a new rule or the amendment or rescission of an 5,160
existing rule. "Rule" does not include any of the following: 5,161
(a) A rule proposed under section 1121.05, 1121.06, 5,163
1155.18, or 1163.22 of the Revised Code; 5,164
(b) A rule governing the internal management of an agency 5,166
that does not affect private rights; 5,167
(c) A rule authorized by law to be issued as a temporary 5,169
written order; 5,170
(d) Except as otherwise provided in division (A)(8)(d) of 5,172
this section, a rule or order, whether of a quasi-legislative or 5,173
quasi-judicial nature, proposed by the public utilities 5,174
commission. Any rule or order, whether of a quasi-legislative or 5,175
quasi-judicial nature, proposed by the public utilities 5,176
commission that determines a rate of a public utility to be just 5,177
and reasonable is a "rule" for purposes of this section, unless 5,178
the rule or order contains findings that the public utility, in 5,179
applying for approval of the rate under section 4909.18 of the 5,180
Revised Code, stated facts and grounds sufficient for the 5,181
commission to determine that the proposed rate was just and 5,182
reasonable. 5,183
(e) A proposed rule, the adoption of which is mandated by 5,185
121
a federal law or rule, and which must be adopted substantially as 5,186
prescribed by federal law or rule, to become effective within one 5,187
hundred twenty days of adoption, so long as the history trail of 5,188
the proposed rule contains a statement that it is proposed for 5,189
the purpose of complying with a federal law or rule and a 5,190
citation to the federal law or rule that mandates substantial 5,191
compliance; 5,192
(9) "Small business" means an independently owned and 5,194
operated business having fewer than four hundred employees. 5,195
(10) "Small organization" means an unincorporated 5,197
association, sheltered workshop, or nonprofit enterprise having 5,198
fewer than four hundred employees. This definition is not 5,199
limited to the types of small organizations expressly mentioned, 5,200
and includes all other types of small organizations, so long as 5,201
such organizations have fewer than four hundred employees. 5,202
(B) If an agency intends to adopt a rule, and reasonably 5,204
believes that the proposed rule, if adopted, will be likely to 5,205
affect individuals, small businesses, or small organizations, the 5,206
agency shall comply with the following procedure in adopting the 5,207
rule, in addition to any other procedure required by section 5,208
111.15, 117.16, 119.03, 119.032, 119.04, 127.18, 4141.14, or 5,209
5117.02 of the Revised Code or any other statute of this state: 5,211
(1) The agency shall prepare a complete and accurate rule 5,213
summary and fiscal analysis of the original version of the 5,214
proposed rule. 5,215
(2) After complying with division (B)(1) of this section, 5,217
and at least sixty days before the agency files the proposed rule 5,218
in final form, the agency shall file with the office of small 5,219
business, in both print and electronic form, the full text of the 5,220
original version of the proposed rule and the rule summary and 5,222
fiscal analysis of such proposed rule. 5,223
(3) During a period commencing on the date the original 5,225
version of the proposed rule is filed pursuant to division (B)(2) 5,226
of this section and ending forty days thereafter: 5,227
122
(a) The chairperson of the standing committee of the 5,229
senate or house of representatives having jurisdiction over 5,231
individuals, small businesses, or small organizations, or any 5,232
other person having an interest in the proposed rule, may submit 5,233
comments in both print and electronic form to the agency, to the 5,234
joint committee on agency rule review, or to both, concerning the 5,235
expected effect of the proposed rule, if adopted, upon 5,236
individuals, small businesses, and small organizations. The 5,237
agency and joint committee shall accept all such timely submitted 5,238
written comments.
(b) The chairperson of the standing committee of the 5,240
senate or house of representatives having jurisdiction over 5,242
individuals, small businesses, or small organizations, in both 5,243
print and electronic form, may request the agency to appear 5,245
before the committee and testify, answer questions asked by 5,246
members of the committee, and produce information in the 5,247
possession of the agency as requested by the committee, 5,248
concerning the expected effect of the proposed rule, if adopted, 5,249
upon individuals, small businesses, or small organizations. Upon 5,250
receipt of a request from the chairperson of the appropriate 5,252
standing committee of the senate or house of representatives 5,253
under division (B)(3)(b) of this section, the agency shall 5,254
designate an officer or employee of the agency to appear before 5,255
the committee, and shall otherwise comply with the request, in 5,256
the manner directed by the request.
(4) The agency shall not proceed to file the proposed rule 5,258
in final form until it has considered any comments timely 5,259
submitted to it under division (B)(3)(a) of this section, has 5,260
identified the issues raised by the comments, has assessed the 5,261
proposed rule in light of the issues raised by the comments, and 5,262
has made such revisions in the proposed rule as it considers 5,263
advisable in light of its assessment. 5,264
An agency is not required to put any revised version of a 5,266
proposed rule through the procedure of divisions (B)(1) to (4) of 5,267
123
this section. 5,268
(C) Any original version of a proposed rule, rule summary 5,270
and fiscal analysis, or written comment filed or submitted under 5,271
division (B) of this section shall be preserved by the agency 5,272
with which it is filed or to which it is submitted, and is a 5,273
public record open to public inspection. 5,274
(D) Each agency shall prepare a plan that provides for the 5,276
periodic review, at least once every five years, of each rule of 5,277
the agency that is not otherwise subject to review under section 5,278
119.032 of the Revised Code and that affects individuals, small 5,279
businesses, or small organizations. The purpose of each periodic 5,280
review shall be to determine whether the rule that is being 5,281
reviewed should be continued without change or amended or 5,282
rescinded, consistent with the purpose, scope, and intent of the 5,283
applicable statute authorizing adoption of the rule, so as to 5,284
minimize the economic impact of the rule upon individuals, small 5,285
businesses, or small organizations. Accordingly, in making each 5,286
periodic review of a rule, the agency shall consider the 5,287
continued need for the rule, the nature of any written complaints 5,288
or comments that the agency has received with regard to the rule, 5,289
the extent to which the rule duplicates, overlaps, or conflicts 5,290
with other currently effective rules, and the degree to which 5,291
technology, economic conditions, and other relevant factors have 5,292
changed in the area affected by the rule. 5,293
Each agency shall annually report to the governor and 5,295
general assembly, with regard to each of its rules that have been 5,296
reviewed under this division during the preceding calendar year, 5,297
the title and administrative code rule number of the rule, a 5,298
brief summary of the content and operation of the rule, and a 5,299
brief summary of the results of the review. If the agency is 5,300
otherwise required to make an annual report to the governor and 5,301
general assembly, the agency shall report this information in an 5,302
appropriately designated section of its annual report, whether 5,303
its annual report is in print or electronic form or both. If, 5,304
124
however, the agency is not otherwise required to make an annual 5,305
report to the governor and general assembly, the agency, on or 5,306
before the first day of February, shall report this information 5,307
in a separate report, in both print and electronic form, to the 5,308
governor and general assembly. In addition to the submissions 5,310
required by section 101.68 of the Revised Code, and in addition 5,311
to any requirement of that section to submit notice of the 5,312
availability of a report instead of copies of the report, the 5,313
agency shall submit its annual or separate report in both print 5,315
and electronic form, which provides the information required by 5,316
this division, to the chairpersons of the standing committees of 5,318
the senate and house of representatives having jurisdiction over 5,319
individuals, small businesses, and small organizations. 5,320
Each agency having rules in effect on the effective date of 5,322
this section that affect individuals, small businesses, or small 5,323
organizations shall divide those rules into groups, so that at 5,324
least one-fifth of those rules are reviewed during each year of a 5,325
five-year period commencing on January 1, 1985. A rule that is 5,326
newly adopted after January 1, 1985 shall be reviewed five years 5,329
after its effective date. When a rule has once been reviewed, it 5,330
shall thereafter be reviewed again at five-year intervals. 5,331
(E) Each agency shall designate an individual or office 5,333
within the agency to be responsible for complying with this 5,334
division. Each individual or office that has been so designated 5,335
shall, within ten days after receiving a request therefor from 5,336
any person: 5,337
(1) Provide the person with copies of any rule proposed by 5,339
the agency that would affect individuals, small businesses, or 5,340
small organizations; 5,341
(2) Provide the person with copies of the rule summary and 5,343
fiscal analysis of any rule proposed by the agency that would 5,344
affect individuals, small businesses, or small organizations; or 5,345
(3) Find, collate, and make available to the person any 5,347
information in the possession of the agency regarding a rule 5,348
125
proposed by the agency, which information would be of interest to 5,349
individuals, small businesses, or small organizations. 5,350
The agency shall inform the office of small business in 5,352
writing of the name, address, and telephone number of each 5,353
individual or office designated under this division. The agency 5,354
shall promptly inform the office of small business in writing of 5,355
any change in the information thus provided. 5,356
(F) Division (B) of this section does not apply to any 5,358
emergency rule adopted under division (B)(2) of section 111.15 or 5,359
division (F) of section 119.03 of the Revised Code, except that 5,360
the emergency rule becomes subject to such division when it is 5,361
adopted pursuant to the procedure of section 111.15 or 119.03 of 5,362
the Revised Code for the adoption of rules not of an emergency 5,363
nature. 5,364
(G) The department of taxation shall provide a copy of the 5,366
full text of any rule proposed by the department that may affect 5,367
any business in both print and electronic form to the office of 5,368
small business, and the department shall designate an office 5,370
within the agency responsible for providing a copy of any such 5,371
rule within ten days of receiving a request from any person. 5,372
Sec. 121.39. (A) As used in this section, "environmental 5,381
protection" means any of the following: 5,382
(1) Protection of human health or safety, biological 5,384
resources, or natural resources by preventing, reducing, or 5,385
remediating the pollution or degradation of air, land, or water 5,386
resources or by preventing or limiting the exposure of humans, 5,387
animals, or plants to pollution; 5,388
(2) Appropriation or regulation of privately owned 5,391
property to preserve air, land, or water resources in a natural 5,393
state or to wholly or partially restore them to a natural state; 5,394
(3) Regulation of the collection, management, treatment, 5,396
reduction, storage, or disposal of solid, hazardous, radioactive, 5,398
or other wastes;
(4) Plans or programs to promote or regulate the 5,400
126
conservation, recycling, or reuse of energy, materials, or 5,402
wastes. 5,403
(B) Except as otherwise provided in division (E) of this 5,405
section, when proposed legislation dealing with environmental 5,406
protection or containing a component dealing with environmental 5,407
protection is referred to a committee of the general assembly, 5,408
other than a committee on rules or reference, the sponsor of the 5,409
legislation, at the time of the first hearing of the legislation 5,410
before the committee, shall submit to the members of the 5,411
committee a written statement identifying either the 5,412
documentation that is the basis of the legislation or the federal 5,413
requirement or requirements with which the legislation is 5,414
intended to comply. If the legislation is not based on 5,415
documentation or has not been introduced to comply with a federal 5,416
requirement or requirements, the written statement from the 5,417
sponsor shall so indicate.
Also at the time of the first hearing of the legislation 5,420
before the committee, a statewide organization that represents 5,421
businesses in this state and that elects its board of directors 5,422
may submit to the members of the committee a written estimate of 5,423
the costs to the regulated community in this state of complying 5,424
with the legislation if it is enacted. 5,425
At any hearing of the legislation before the committee, a 5,427
representative of any state agency, environmental advocacy 5,428
organization, or consumer advocacy organization or any private 5,429
citizen may present documentation containing an estimate of the 5,430
monetary and other costs to public health and safety and the
environment and to consumers and residential utility customers, 5,431
and the effects on property values, if the legislation is not 5,432
enacted.
(C) Until such time as the statement required under 5,434
division (B) of this section is submitted to the committee to 5,435
which proposed legislation dealing with environmental protection 5,437
or containing a component dealing with environmental protection 5,438
127
was referred, the legislation shall not be reported by that 5,439
committee. This requirement does not apply if the component 5,440
dealing with environmental protection is removed from the 5,441
legislation or if two-thirds of the members of the committee vote 5,442
in favor of a motion to report the proposed legislation.
(D) Except as otherwise provided in division (E) of this 5,445
section, prior to adopting a rule or an amendment proposed to a 5,446
rule dealing with environmental protection or containing a 5,447
component dealing with environmental protection, a state agency 5,448
shall do all of the following:
(1) Consult with organizations that represent political 5,450
subdivisions, environmental interests, business interests, and 5,451
other persons affected by the proposed rule or amendment; 5,452
(2) Consider documentation relevant to the need for, the 5,455
environmental benefits or consequences of, other benefits of, and 5,456
the technological feasibility of the proposed rule or amendment;
(3) Specifically identify whether the proposed rule or 5,458
amendment is being adopted or amended to enable the state to 5,459
obtain or maintain approval to administer and enforce a federal 5,460
environmental law or to participate in a federal environmental 5,461
program, whether the proposed rule or amendment is more stringent 5,463
than its federal counterpart, and, if the proposed rule or 5,464
amendment is more stringent, the rationale for not incorporating 5,465
its federal counterpart;
(4) Include with the proposed rule or amendment and the 5,467
rule summary and fiscal analysis required under sections 121.24 5,469
and 127.18 of the Revised Code, when they are filed with the 5,470
joint committee on agency rule review in accordance with division 5,471
(D) of section 111.15 or division (H) of section 119.03 of the 5,473
Revised Code, one of the following in both print and electronic 5,474
form, as applicable: 5,475
(a) The information identified under division (D)(3) of 5,477
this section and, if the proposed rule or amendment is more 5,478
stringent than its federal counterpart, as identified in that 5,479
128
division, the documentation considered under division (D)(2) of 5,481
this section;
(b) If an amendment proposed to a rule is being adopted or 5,484
amended under a state statute that establishes standards with 5,485
which the amendment shall comply, and the proposed amendment is 5,486
more stringent than the rule that it is proposing to amend, the 5,487
documentation considered under division (D)(2) of this section; 5,488
(c) If division (D)(4)(a) or (b) of this section is not 5,491
applicable, the documentation considered under division (D)(2) of 5,492
this section.
If the agency subsequently files a revision of such a 5,494
proposed rule or amendment in accordance with division (D) of 5,495
section 111.15 or division (H) of section 119.03 of the Revised 5,497
Code, the revision shall be accompanied in both print and 5,499
electronic form by the applicable information or documentation. 5,500
Division (D) of this section does not apply to any 5,502
emergency rule adopted under division (B)(2) of section 111.15 or 5,504
division (F) of section 119.03 of the Revised Code, but does
apply to any such rule that subsequently is adopted as a 5,506
nonemergency rule under either of those divisions. 5,507
The information or documentation submitted under division 5,509
(D)(4) of this section may be in the form of a summary or index 5,511
of available knowledge or information and shall consist of or be 5,512
based upon the best available generally accepted knowledge or
information in the appropriate fields, as determined by the 5,513
agency that prepared the documentation. 5,514
(E) The statement required under division (B) and the 5,516
information or documentation required under division (D) of this 5,518
section need not be prepared or submitted with regard to a 5,519
proposed statute or rule, or an amendment to a rule, if the 5,520
statute, rule, or amendment is procedural or budgetary in nature, 5,521
or governs the organization or operation of a state agency, and 5,522
will not affect the substantive rights or obligations of any 5,523
person other than a state agency or an employee or contractor of 5,524
129
a state agency.
(F) The insufficiency, incompleteness, or inadequacy of a 5,526
statement, information, documentation, or a summary of 5,528
information or documentation provided in accordance with division 5,529
(B) or (D) of this section shall not be grounds for invalidation 5,530
of any statute, rule, or amendment to a rule. 5,531
(G) This section applies only to the following: 5,533
(1) Legislation and components of legislation dealing with 5,536
environmental protection that are introduced in the general
assembly after March 5, 1996; 5,538
(2) Rules and rule amendments dealing with environmental 5,541
protection that are filed with the joint committee on agency rule 5,542
review in accordance with division (D) of section 111.15 or 5,543
division (H) of section 119.03 of the Revised Code after March 5, 5,544
1996.
Sec. 127.18. (A) As used in this section: 5,553
(1) "Rule-making agency" has the same meaning as in 5,555
division (I) of section 119.01 of the Revised Code. 5,556
(2) "Rule" includes the adoption, amendment, or rescission 5,558
of a rule. 5,559
(3) "Proposed rule" means the original version of a 5,561
proposed rule, and each revised version of the same proposed 5,562
rule, that is filed with the joint committee on agency rule 5,563
review under division (D) of section 111.15 or division (H) of 5,564
section 119.03 of the Revised Code. 5,565
(B) A rule-making agency shall prepare, in the form 5,567
prescribed by the joint committee on agency rule review under 5,568
division (E) of this section, a complete and accurate rule 5,569
summary and fiscal analysis of each proposed rule that it files 5,570
under division (D) of section 111.15 or division (H) of section 5,571
119.03 of the Revised Code. The rule summary and fiscal analysis 5,572
shall include all of the following information: 5,573
(1) The name, address, and telephone number of the 5,575
rule-making agency, and the name and telephone number of an 5,576
130
individual or office within the agency designated by that agency 5,577
to be responsible for coordinating and making available 5,578
information in the possession of the agency regarding the 5,579
proposed rule; 5,580
(2) The Ohio administrative code rule number of the 5,582
proposed rule; 5,583
(3) A brief summary of, and the legal basis for, the 5,585
proposed rule, including citations identifying the statute that 5,586
prescribes the procedure in accordance with which the rule-making 5,587
agency is required to adopt the proposed rule, the statute that 5,588
authorizes the agency to adopt the proposed rule, and the statute 5,589
that the agency intends to amplify or implement by adopting the 5,590
proposed rule; 5,591
(4) An estimate, in dollars, of the amount by which the 5,593
proposed rule would increase or decrease revenues or expenditures 5,594
during the current biennium; 5,595
(5) A citation identifying the appropriation that 5,597
authorizes each expenditure that would be necessitated by the 5,598
proposed rule; 5,599
(6) A summary of the estimated cost of compliance with the 5,601
rule to all directly affected persons; 5,602
(7) The reasons why the rule is being proposed; 5,604
(8) If the rule has a fiscal effect on school districts, 5,606
counties, townships, or municipal corporations, an estimate in 5,607
dollars of the cost of compliance with the rule, or, if dollar 5,608
amounts cannot be determined, a written explanation of why it was 5,609
not possible to ascertain dollar amounts;
(9) If the rule has a fiscal effect on school districts, 5,611
counties, townships, or municipal corporations and is the result 5,612
of a federal requirement, a clear explanation that the proposed 5,613
state rule does not exceed the scope and intent of the 5,614
requirement, or, if the state rule does exceed the minimum
necessary federal requirement, a justification of the excess 5,615
cost, and an estimate of the costs, including those costs for 5,616
131
local governments, exceeding the federal requirement; 5,617
(10) If the rule has a fiscal effect on school districts, 5,619
counties, townships, or municipal corporations, a comprehensive 5,620
cost estimate that includes the procedure and method of 5,621
calculating the costs of compliance and identifies major cost 5,622
categories including personnel costs, new equipment or other 5,623
capital costs, operating costs, and indirect central service
costs related to the rule. The fiscal analysis shall also 5,624
include a written explanation of the agency's and the affected 5,625
local government's ability to pay for the new requirements and a 5,626
statement of any impact the rule will have on economic 5,627
development.
(11) Any other information the joint committee on agency 5,629
rule review considers necessary to make the proposed rule or the 5,630
fiscal effect of the proposed rule fully understandable. 5,631
(C) The rule-making agency shall file the rule summary and 5,634
fiscal analysis in both print and electronic form along with the 5,636
proposed rule that it files under divisions (D) and (E) of 5,637
section 111.15 or divisions (B) and (H) of section 119.03 of the 5,638
Revised Code. The joint committee on agency rule review shall not 5,639
accept any proposed rule for filing unless a copy of the rule 5,640
summary and fiscal analysis of the proposed rule, completely and 5,641
accurately prepared, is filed along with the proposed rule. 5,642
(D) The joint committee on agency rule review shall review 5,644
the fiscal effect of each proposed rule that is filed under 5,645
division (D) of section 111.15 or division (H) of section 119.03 5,646
of the Revised Code. 5,647
(E) The joint committee on agency rule review shall 5,649
prescribe the form in which each rule-making agency shall prepare 5,650
its rule summary and fiscal analysis of a proposed rule. 5,651
(F) This section does not require the auditor of state or 5,653
the auditor of state's designee to prepare or attach a rule 5,654
summary and fiscal analysis to any copy of a rule proposed under 5,656
section 117.12, 117.19, 117.38, or 117.43 of the Revised Code. 5,657
132
Sec. 4141.14. (A) All rules of the administrator of the 5,666
bureau of employment services adopted pursuant to this chapter 5,667
shall be approved by the unemployment compensation review 5,668
commission before the rules become effective. All such rules 5,670
shall specify on their face their effective date and the date on 5,671
which they will expire, if known. Approval by the unemployment 5,672
compensation review commission shall also be required before 5,673
amendments to, or rescission of, any rules of the administrator 5,674
adopted pursuant to this chapter become effective. If the 5,675
commission disapproves a rule of the administrator, it shall
determine and promulgate a rule that it considers appropriate 5,676
after affording a hearing to the administrator. 5,677
(B)(1) Any rule promulgated pursuant to this section shall 5,679
be effective on the tenth day after the day on which the rule in 5,680
final form and in compliance with division (B)(2) of this section 5,681
is filed as follows: 5,682
(a) The rule shall be filed in both print and electronic 5,685
form with both the secretary of state and the director of the 5,687
legislative service commission; 5,688
(b) The rule shall be filed in both print and electronic 5,691
form with the joint committee on agency rule review. Division 5,693
(B)(1)(b) of this section does not apply to any rule to which 5,694
division (H) of section 119.03 of the Revised Code does not 5,695
apply.
If all filings are not completed on the same day, the rule 5,697
shall be effective on the tenth day after the day on which the 5,698
latest filing is completed. If the bureau of employment services 5,699
or the unemployment compensation review commission in adopting a 5,700
rule pursuant to this chapter designates an effective date that 5,702
is later than the effective date provided for by this division, 5,703
the rule if filed as required by this division shall become 5,704
effective on the later date designated by the bureau or 5,705
commission.
If the commission or bureau adopts or amends a rule that is 5,708
133
subject to division (H) of section 119.03 of the Revised Code, 5,709
the commission or bureau shall assign a review date to the rule 5,710
that is not later than five years after its effective date. If
no review date is assigned to a rule, or if a review date 5,711
assigned to a rule exceeds the five-year maximum, the review date 5,712
for the rule is five years after its effective date. A rule with 5,713
a review date is subject to review under section 119.032 of the 5,714
Revised Code.
(2) The bureau and commission shall file the rule in 5,716
compliance with the following standards and procedures: 5,717
(a) The rule shall be numbered in accordance with the 5,719
numbering system devised by the director for the Ohio 5,720
administrative code. 5,721
(b) The rule shall be prepared and submitted in compliance 5,723
with the rules of the legislative service commission. 5,724
(c) The rule shall clearly state the date on which it is 5,726
to be effective and the date on which it will expire, if known. 5,727
(d) Each rule that amends or rescinds another rule shall 5,729
clearly refer to the rule that is amended or rescinded. Each 5,730
amendment shall fully restate the rule as amended. 5,731
If the director of the legislative service commission or 5,733
the director's designee gives the bureau of employment services 5,734
or the unemployment compensation review commission notice 5,735
pursuant to section 103.05 of the Revised Code that a rule filed 5,736
by the bureau or review commission is not in compliance with the 5,737
rules of the legislative service commission, the bureau or review 5,739
commission shall within thirty days after receipt of the notice
conform the rule to the rules of the commission as directed in 5,740
the notice.
The secretary of state and the director shall preserve the 5,742
rules filed under division (B)(1)(a) of this section in an 5,743
accessible manner. Each such rule shall be a public record open 5,744
to public inspection and may be transmitted to any law publishing 5,745
company that wishes to reproduce it. 5,746
134
(C) As used in this section: 5,748
(1) "Rule" includes an amendment or rescission of a rule. 5,750
(2) "Substantive revision" has the same meaning as in 5,752
division (J) of section 119.01 of the Revised Code. 5,753
Sec. 5117.02. (A) The tax commissioner shall adopt rules, 5,762
or amendments and rescissions of rules, for the administration of 5,763
sections 5117.01 to 5117.12 of the Revised Code. 5,764
(B) As a means of efficiently administering the program 5,766
established by sections 5117.01 to 5117.12 of the Revised Code, 5,767
the tax commissioner may extend, by as much as a total of thirty 5,768
days, any date specified in such sections for the performance of 5,769
a particular action by an individual or an officer. 5,770
(C)(1) Except as provided in division (C)(2) of this 5,772
section, the tax commissioner shall, in accordance with divisions 5,773
(A), (B), (C), (D), (E), and (H) of section 119.03 and section 5,774
119.04 of the Revised Code, adopt whatever rules, or amendments 5,775
or rescissions of rules are required by or are otherwise 5,776
necessary to implement sections 5117.01 to 5117.12 of the Revised 5,777
Code. A rule, amendment, or rescission adopted under this 5,778
division is not exempt from the hearing requirements of section 5,779
119.03 of the Revised Code pursuant to division (G) of that 5,780
section, or subject to section 111.15 or 5703.14 of the Revised 5,781
Code. 5,782
(2) If an emergency necessitates the immediate adoption of 5,784
a rule, or the immediate adoption of an amendment or rescission 5,785
of a rule that is required by or otherwise necessary to implement 5,786
sections 5117.01 to 5117.12 of the Revised Code, the tax 5,787
commissioner may immediately adopt the emergency rule, amendment, 5,788
or rescission without complying with division (A), (B), (C), (D), 5,789
(E), or (H) of section 119.03 of the Revised Code so long as the 5,790
commissioner states the reasons for the necessity in the 5,791
emergency rule, amendment, or rescission. The emergency rule, 5,792
amendment, or rescission is effective on the day the emergency 5,793
rule, amendment, or rescission, in final form and in compliance 5,794
135
with division (A)(2) of section 119.04 of the Revised Code, is 5,795
filed in both print and electronic form with the secretary of 5,798
state, the director of the legislative service commission, and 5,799
with the joint committee on agency rule review. If all filings 5,800
are not completed on the same day, the emergency rule, amendment, 5,801
or rescission is effective on the day on which the latest filing 5,802
is completed. An emergency rule, amendment, or rescission 5,803
adopted under this division is not subject to section 111.15, 5,804
division (F) of section 119.03, or section 5703.14 of the Revised 5,805
Code. An emergency rule, amendment, or rescission adopted under 5,806
this division continues in effect until amended or rescinded by 5,807
the tax commissioner in accordance with division (C)(1) or (2) of 5,808
this section, except that the rescission of an emergency 5,809
rescission does not revive the rule rescinded. 5,810
(D) Except where otherwise provided, each form, 5,812
application, notice, and the like used in fulfilling the 5,813
requirements of sections 5117.01 to 5117.12 of the Revised Code 5,814
shall be approved by the tax commissioner. 5,815
Sec. 5703.14. (A) Any rule adopted by the board of tax 5,824
appeals and any rule of the department of taxation adopted by the 5,825
tax commissioner shall be effective on the tenth day after the 5,826
day on which the rule in final form and in compliance with 5,827
division (B) of this section is filed by the board or the 5,828
commissioner as follows: 5,829
(1) The rule shall be filed in both print and electronic 5,832
form with both the secretary of state and the director of the 5,834
legislative service commission; 5,835
(2) The rule shall be filed in both print and electronic 5,838
form with the joint committee on agency rule review. Division 5,840
(A)(2) of this section does not apply to any rule to which 5,841
division (H) of section 119.03 of the Revised Code does not 5,842
apply.
If all filings are not completed on the same day, the rule 5,844
shall be effective on the tenth day after the day on which the 5,845
136
latest filing is completed. If the board or the commissioner in 5,846
adopting a rule designates an effective date that is later than 5,847
the effective date provided for by this division, the rule if 5,848
filed as required by this division shall become effective on the 5,849
later date designated by the board or commissioner. 5,850
(B) The board and commissioner shall file the rule in 5,852
compliance with the following standards and procedures: 5,853
(1) The rule shall be numbered in accordance with the 5,855
numbering system devised by the director for the Ohio 5,856
administrative code. 5,857
(2) The rule shall be prepared and submitted in compliance 5,859
with the rules of the legislative service commission. 5,860
(3) The rule shall clearly state the date on which it is 5,862
to be effective and the date on which it will expire, if known. 5,863
(4) Each rule that amends or rescinds another rule shall 5,865
clearly refer to the rule that is amended or rescinded. Each 5,866
amendment shall fully restate the rule as amended. 5,867
If the director of the legislative service commission or 5,869
the director's designee gives the board or commissioner notice 5,871
pursuant to section 103.05 of the Revised Code that a rule filed 5,872
by the board or commissioner is not in compliance with the rules
of the legislative service commission, the board or commissioner 5,873
shall within thirty days after receipt of the notice conform the 5,874
rule to the rules of the legislative service commission as 5,875
directed in the notice. 5,876
All rules of the department and board filed pursuant to 5,878
division (A)(1) of this section shall be recorded by the 5,879
secretary of state and the director under the name of the 5,880
department or board and shall be numbered in accordance with the 5,881
numbering system devised by the director. The secretary of state 5,882
and the director shall preserve the rules in an accessible 5,883
manner. Each such rule shall be a public record open to public 5,884
inspection and may be transmitted to any law publishing company 5,885
that wishes to reproduce it. Each such rule shall also be made 5,886
137
available to interested parties upon request directed to the 5,887
department. 5,888
(C) Applications for review of any rule adopted and 5,890
promulgated by the commissioner may be filed with the board by 5,891
any person who has been or may be injured by the operation of the 5,892
rule. The appeal may be taken at any time after the rule is 5,893
filed with the secretary of the state, the director of the 5,894
legislative service commission, and, if applicable, the joint 5,895
committee on agency rule review. Failure to file an appeal does 5,896
not preclude any person from seeking any other remedy against the 5,897
application of the rule to the person. The applications shall 5,899
set forth, or have attached thereto and incorporated by
reference, a true copy of the rule, and shall allege that the 5,900
rule complained of is unreasonable and shall state the grounds 5,901
upon which the allegation is based. Upon the filing of the 5,902
application, the board shall notify the commissioner of the 5,903
filing of the application, fix a time for hearing the 5,904
application, notify the commissioner and the applicant of the 5,905
time for the hearing, and afford both an opportunity to be heard. 5,906
The appellant, the tax commissioner, and any other interested 5,907
persons that the board permits, may introduce evidence. The 5,908
burden of proof to show that the rule is unreasonable shall be 5,909
upon the appellant. After the hearing, the board shall determine 5,910
whether the rule complained of is reasonable or unreasonable. A 5,911
determination that the rule complained of is unreasonable shall 5,912
require a majority vote of the three members of the board, and 5,913
the reasons for the determination shall be entered on the journal 5,914
of the board. 5,915
Upon determining that the rule complained of is 5,917
unreasonable, the board shall file copies of its determination as 5,918
follows: 5,919
(1) The determination shall be filed in both print and 5,923
electronic form with both the secretary of state and the director 5,924
of the legislative service commission, who shall note the date of 5,925
138
their receipt of the certified copies conspicuously in their 5,926
files of the rules of the department; 5,927
(2) The determination shall be filed in both print and 5,931
electronic form with the joint committee on agency rule review. 5,932
Division (C)(2) of this section does not apply to any rule to 5,933
which division (H) of section 119.03 of the Revised Code does not 5,934
apply. 5,935
On the tenth day after the determination has been received 5,938
by the secretary of state, the director, and, if applicable, the 5,939
joint committee, the rule referred to in the determination shall 5,940
cease to be in effect. If all filings of the determination are 5,941
not completed on the same day, the rule shall remain in effect 5,942
until the tenth day after the day on which the latest filing is 5,943
completed. This section does not apply to licenses issued under 5,944
sections 5735.02, 5739.17, and 5743.15 of the Revised Code, which 5,945
shall be governed by sections 119.01 to 119.13 of the Revised 5,946
Code.
The board is not required to hear an application for the 5,948
review of any rule where the grounds of the allegation that the 5,949
rule is unreasonable have been previously contained in an 5,950
application for review and have been previously heard and passed 5,951
upon by the board. 5,952
(D) This section does not apply to the adoption of any 5,954
rule, or to the amendment or rescission of any rule by the tax 5,955
commissioner under division (C)(1) or (2) of section 5117.02 of 5,956
the Revised Code. 5,957
(E) As used in this section, "substantive revision" has 5,959
the same meaning as in division (J) of section 119.01 of the 5,960
Revised Code. 5,961
Section 7. That existing sections 103.05, 111.15, 117.20, 5,963
119.03, 119.031, 119.032, 119.0311, 119.04, 121.24, 121.39, 5,964
127.18, 4141.14, 5117.02, and 5703.14 of the Revised Code are 5,965
hereby repealed.
Section 8. Sections 6 and 7 of this act take effect 5,967
139
January 1, 2002.
Section 9. Sections 103.051, 103.052, 103.053, 103.054, 5,969
119.038, and 119.039 of the Revised Code take effect July 1, 5,970
1999. Beginning July 1, 1999, the Director of the Legislative 5,971
Service Commission shall proceed to set up the Register of Ohio 5,972
for publication. The director shall first publish the Register 5,973
of Ohio on April 3, 2000. 5,974
Section 10. The amendments to divisions (A) and (B) of 5,976
section 119.03 of the Revised Code within the purview of Sections 5,977
1 and 2 of this act, except for the amendments to division (A)(4) 5,979
of section 119.03 of the Revised Code within the purview of
Sections 1 and 2 of this act, take effect April 1, 2000. The 5,981
requirement that public notices, original and revised versions of 5,982
proposed rules, and rule summary and fiscal analyses be published 5,983
in the Register of Ohio apply both (A) to filings of these 5,984
documents that occur on or after April 1, 2000, in the course of 5,985
rule-making proceedings that are pending on that date and (B) to 5,986
filings of these documents in rule-making proceedings that are 5,987
commenced on or after April 1, 2000. 5,988
Section 11. On and after April 1, 2000, until January 1, 5,990
2001, an agency's giving public notice of its intention to 5,991
consider adopting, amending, or rescinding a rule in the Register 5,993
of Ohio under division (A) of section 119.03 of the Revised Code 5,994
is not sufficient by itself to give public notice of the agency's 5,995
intention. Therefore, on and after April 1, 2000, until January 5,996
1, 2001, an agency, in addition to giving public notice in the 5,997
Register of Ohio, shall continue to give public notice of its 5,998
intention to consider adopting, amending, or rescinding a rule in 5,999
the same manner as it gave public notice under division (A) of 6,000
section 119.03 of the Revised Code as the division existed before 6,001
April 1, 2000. On and after January 1, 2001, an agency's giving 6,002
public notice in the Register of Ohio is sufficient by itself to 6,003
give public notice.
Section 12. Section 119.037 of the Revised Code takes 6,005
140
effect January 1, 2001. 6,006
Section 13. Sections 9 to 12 of this act are intended 6,008
gradually to phase in the Register of Ohio as a single source of 6,009
public information about rule-making proceedings. 6,010
Section 14. The amendment to division (D) of section 6,012
111.15 of the Revised Code within the purview of Sections 1 and 2 6,013
of this act takes effect at the earliest time permitted by law 6,014
and first applies to rule-making proceedings that are commenced 6,015
on and after that date. The amendment does not affect a 6,017
rule-making proceeding that is pending on its effective date; the 6,019
proceeding is to be carried through to completion under division
(D) of section 111.15 of the Revised Code as the division existed 6,020
at the time the proceeding was commenced. 6,021
Section 15. The amendments to divisions (A)(4) and (C) of 6,024
section 119.03 of the Revised Code within the purview of Sections
1 and 2 of this act take effect at the earliest time permitted by 6,026
law and first apply to rule-making proceedings that are commenced 6,027
on or after that effective date. The amendments do not affect a 6,028
rule-making proceeding that is pending on their effective date; 6,029
the proceeding is to be carried through to completion under 6,030
divisions (A)(4) and (C) of section 119.03 of the Revised Code as 6,031
the divisions existed at the time the proceeding was commenced. 6,032
Section 16. The amendments to division (I) of section 6,035
119.03 of the Revised Code within the purview of Sections 1 and 2 6,036
of this act take effect at the earliest time permitted by law and 6,037
first apply to rule-making proceedings that are subject to 6,038
division (D) of section 111.15 or division (H) of section 119.03 6,039
of the Revised Code and that are commenced on or after that 6,041
effective date. The amendments do not affect a rule-making
proceeding that is subject to division (D) of section 111.15 or 6,043
division (H) of section 119.03 of the Revised Code and that is 6,044
pending on their effective date; the proceeding is to be carried 6,045
through to completion under division (D) of section 111.15 or 6,047
division (H) of section 119.03 of the Revised Code, and under
141
division (I) of section 119.03 of the Revised Code, as the 6,049
divisions existed at the time the proceeding was commenced. 6,051
Section 17. Section 119.032 of the Revised Code, as 6,053
amended within the purview of Sections 1 and 2 of this act, takes 6,054
effect April 1, 2000.
Section 18. The Director of the Legislative Service 6,056
Commission shall implement the electronic rule-filing system 6,057
required by section 103.0511 of the Revised Code according to the 6,059
following schedule:
Task Not later than 6,062
Begin initial set up of electronic July 1, 1999 6,066
rule-filing system
Complete initial set up of electronic December 31, 2000 6,069
rule-filing system
Begin testing electronic rule-filing January 1, 2001 6,072
system as initially set up
Complete testing electronic rule-filing June 30, 2001 6,075
system as initially set up
Begin final set up of electronic July 1, 2001 6,078
rule-filing system
Complete final set up of electronic December 31, 2001 6,081
rule-filing system
Inaugurate exclusive use of electronic January 1, 2002 6,084
rule-filing system
In implementing the electronic rule-filing system, time is 6,088
of the essence. The director shall complete an implementation
period earlier than the date prescribed in the schedule if 6,089
earlier completion is feasible under the circumstances. The 6,090
142
director may extend a deadline for a reasonable time if 6,091
circumstances make it infeasible for a deadline to be met without 6,092
sacrificing the quality or reliability of the system. In either
instance, the director as reasonably necessary may adjust 6,093
subsequent deadlines prescribed in the schedule. In no event, 6,094
however, is electronic filing of rules and of rule-making and 6,095
rule-related documents to be required earlier than January 1, 6,097
2001. And nor is the electronic rule filing system to be
inaugurated earlier or later than January 1, 2002. 6,098
Section 19. During the initial set up period of the 6,100
electronic rule-filing system: 6,101
(A) The Director of the Legislative Service Commission 6,103
shall identify the requirements of the electronic rule-filing 6,104
system, prepare a complete list of participants in the system, 6,105
prepare a comprehensive plan for the system, and take action as 6,106
necessary to implement the plan.
(B) Each other participant in the electronic rule-filing 6,108
system shall take action as necessary to connect into the system. 6,109
During implementation of the plan, the director may conduct 6,111
field trials of the electronic rule-filing system using other 6,112
participants in the system the director selects. An other
participant who is selected to participate in a field trial shall 6,113
cooperate with the director both in the field trial and in its 6,114
evaluation.
Section 20. During the testing period of the electronic 6,116
rule-filing system:
(A) The Governor and each agency shall file rules and 6,118
rule-making and rule-related documents, and the Director of the 6,119
Legislative Service Commission, Joint Committee on Agency Rule 6,121
Review, Secretary of State, Clerk of the Senate, Office of Small 6,123
Business, General Assembly, committees of the Senate and House of 6,124
Representatives, and other participants in the system shall
respond to rules and rule-making and rule-related filings, in 6,126
both paper and electronic form as contemplated by sections 6,127
143
103.05, 111.15, 117.20, 119.03, 119.031, 119.032, 119.0311, 6,128
119.04, 121.24, 121.39, 127.18, 4141.14, 5117.02, and 5703.14 of
the Revised Code as they result from Sections 3 and 4 of this 6,129
act.
(B) The director and each other participant in the 6,131
electronic rule-filing system shall test the system, identify 6,132
deficiencies in its operation, develop plans for correcting the 6,133
deficiencies, and take action as necessary to implement the 6,134
corrective plans.
Section 21. During the final set up period of the 6,136
electronic rule-filing system: 6,137
(A) The Governor and each agency shall continue to file 6,139
rules and rule-making and rule-related documents, and the 6,140
Director of the Legislative Service Commission, Joint Committee 6,141
on Agency Rule Review, Secretary of State, Clerk of the Senate, 6,143
Office of Small Business, General Assembly, committees of the
Senate and House of Representatives, and other participants in 6,144
the system shall continue to respond to these filings, in both 6,146
paper and electronic form, as during the testing period. 6,147
(B) The director and each other participant in the 6,149
electronic rule-filing system shall complete taking corrective 6,150
action as necessary to ensure reliable operation of the system 6,151
upon its inauguration as a means of filing rules and rule-making 6,152
and rule-related documents exclusively in electronic form.
Section 22. If during the testing or final set up periods 6,154
of the electronic rule-filing system there is an expected or 6,155
unexpected shut down of the whole or part of the system, such as 6,156
for correction of a deficiency or because of hardware or software 6,157
failure, the Director of the Legislative Service Commission may 6,158
temporarily authorize an agency that is required to file rules
and other rule-making and related documents in both print and 6,159
electronic form nevertheless to file rules and other rule-making 6,160
and rule-related documents in only print form. 6,161
Section 23. On and after inauguration of the electronic 6,163
144
rule-filing system, the Governor and each agency shall file rules 6,164
and rule-making and rule-related documents, and the Director of 6,165
the Legislative Service Commission, Joint Committee on Agency 6,166
Rule Review, Secretary of State, Clerk of the Senate, Office of 6,167
Small Business, General Assembly, committees of the Senate and
House of Representatives, and other participants in the system 6,168
shall respond to these filings, exclusively in electronic form as 6,170
contemplated by sections 103.05, 111.15, 117.20, 119.03, 119.031, 6,171
119.032, 119.0311, 119.04, 121.24, 121.39, 127.18, 4141.14, 6,172
5117.02, and 5703.14 of the Revised Code as they result from
Sections 6 and 7 of this act. 6,173
Section 24. Notwithstanding any other provision of law, if 6,175
a rule-making or rule-related document not contemplated by 6,176
section 103.05, 111.15, 117.20, 119.03, 119.031, 119.032, 6,177
119.0311, 119.04, 121.24, 121.39, 127.18, 4141.14, 5117.02, or 6,178
5703.14 of the Revised Code is required to be filed along with a
rule, the document is to be filed and responded to as follows: 6,179
(A) During the period beginning January 1, 2001, and 6,181
ending December 31, 2001, in both print and electronic form. 6,182
(B) On and after January 1, 2002, exclusively in 6,184
electronic form.
If multiple copies of a document contemplated by this 6,186
section are required to be filed, the multiple-copy requirement 6,187
ceases to apply on and after January 1, 2001. If the 6,189
effectiveness of a filing is timed with reference to the latest
filing, the filing takes effect upon the latest filing to be 6,190
completed in both print and electronic form between January 1, 6,191
2001, and December 31, 2001, and upon the latest filing to be 6,192
completed in electronic form on and after January 1, 2002. 6,193
The Director of the Legislative Service Commission shall 6,195
keep a record of any document filed under this section and shall 6,196
recommend legislation to bring its filing requirements into 6,197
conformity with the Electronic Rule-Filing Act.
Section 25. Section 154 of Am. Sub. H.B. 215 of the 122nd 6,199
145
General Assembly is hereby repealed. 6,201
Section 26. The $150 per diem compensation authorized by 6,203
section 101.35 of the Revised Code as amended by Am. Sub. H.B. 6,204
215 of the 122nd General Assembly is available only to a member 6,206
of the Joint Committee on Agency Rule Review whose term in the 6,207
General Assembly began on or after the effective date of Section
154 of that act. 6,209
Section 27. (A) Sections 103.051 to 103.054 and 119.037, 6,211
119.038, and 119.039 of the Revised Code are to be known as "The 6,212
Register of Ohio Act." 6,213
(B) Sections 103.0511 and 103.0512 of the Revised Code are 6,217
to be known as the "Electronic Rule-Filing Act."
(C) Section 119.0311 of the Revised Code is to be known as 6,220
the "Guide to Public Participation in Rule-Making Act." 6,221
Section 28. Section 121.24 of the Revised Code is 6,223
presented in Section 3 of this act as a composite of the section 6,225
as amended by both Sub. H.B. 473 and Am. Sub. H.B. 538 of the 6,226
121st General Assembly, with the new language of neither of the 6,228
acts shown in capital letters. This is in recognition of the 6,229
principle stated in division (B) of section 1.52 of the Revised 6,230
Code that such amendments are to be harmonized where not 6,231
substantively irreconcilable and constitutes a legislative 6,232
finding that such is the resulting version in effect prior to the 6,233
effective date of this act.