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           

                                                          2      


                                                                 
                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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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          

                                                          6      


                                                                 
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          

                                                          7      


                                                                 
      (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          

                                                          9      


                                                                 
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          

                                                          10     


                                                                 
      (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          

                                                          12     


                                                                 
      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          

                                                          14     


                                                                 
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.