As Reported by House State Government Committee           1            

123rd General Assembly                                             4            

   Regular Session                              Sub. S. B. No. 11  5            

      1999-2000                                                    6            


         SENATORS KEARNS-CARNES-DiDONATO-BLESSING-CUPP-            7            

    DRAKE-McLIN-OELSLAGER-SCHAFRATH-WACHTMANN-LATELL-FURNEY-       8            

     GARDNER-BRADY-HAGAN-HERINGTON-HOTTINGER-MALLORY-SPADA-        9            

 FINGERHUT-PRENTISS-REPRESENTATIVES MOTTLEY-TERWILLEGER-AUSTRIA-   10           

                      TRAKAS-BUEHRER-SYKES                         11           


_________________________________________________________________   12           

                          A   B I L L                                           

             To amend sections 101.35, 103.05, 103.13, 103.25,     14           

                111.15, 119.03, and 119.032 and to enact sections  17           

                103.051, 103.052, 103.053, 103.054, 103.0511,                   

                119.035, 119.037, 119.038, 119.039, and 119.0311   19           

                of the Revised Code and to repeal Section 154 of                

                Am. Sub. H.B. 215 of the 122nd General Assembly    20           

                to improve opportunities for public participation  22           

                in the rule-making process by enhancing the                     

                ability of the Joint Committee on Agency Rule      23           

                Review to achieve a quorum, modifying the          24           

                timeframe for legislative review of proposed                    

                rules, authorizing the Joint Committee and its     25           

                staff to attend agency rule-making hearings,       26           

                requiring agency rule-making hearings to be held   27           

                before Joint Committee hearings, clarifying that   28           

                rules that are exempt from legislative review      29           

                because of federal requirements are subject to     30           

                legislative review if the federal requirement      31           

                ends, clarifying that rule-making hearings are     33           

                legislative in form, authorizing public comment    34           

                before and after rule-making hearings, providing                

                for rule-making hearings to be recorded other      35           

                than stenographically, authorizing use of          36           

                advisory committees in the development of rules,   37           

                                                          2      


                                                                 
                requiring publication of a Register of Ohio, and   38           

                requiring agencies to prepare guides for public    40           

                participation in rule-making; to make revisions    42           

                and corrections in the law providing for cyclical               

                review of rules; to modify the conditions under    44           

                which compensation is paid to members of the       45           

                Joint Committee on Agency Rule Review; to amend    47           

                sections 103.05, 111.15, 117.20, 119.03, 119.031,  48           

                119.032, 119.0311, 119.04, 121.24, 121.39,         49           

                127.18, 4141.14, 5117.02, and 5703.14 of the                    

                Revised Code on April 1, 2001, to provide a        51           

                transition to electronic filing of rules and                    

                related documents; and to amend sections 103.05,   52           

                111.15, 117.20, 119.03, 119.031, 119.032,          53           

                119.0311, 119.04, 121.24, 121.39, 127.18,                       

                4141.14, 5117.02, and 5703.14 and to enact         54           

                section 103.0512 of the Revised Code on April 1,                

                2002, to provide for rules and related documents   56           

                to be filed exclusively in electronic form.                     




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        58           

      Section 1.  That sections 101.35, 103.05, 103.13, 103.25,    60           

111.15, 119.03, and 119.032 be amended and sections 103.051,       64           

103.052, 103.053, 103.054, 103.0511, 119.035, 119.037, 119.038,    65           

119.039, and 119.0311 of the Revised Code be enacted to read as    67           

follows:                                                                        

      Sec. 101.35.  There is hereby created in the general         76           

assembly the joint committee on agency rule review.  The           77           

committee shall consist of five members of the house of            79           

representatives and five members of the senate.  Within fifteen    81           

days after the commencement of the first regular session of each   82           

general assembly, the speaker of the house of representatives      83           

shall appoint the members of the committee from the house of       84           

                                                          3      


                                                                 
representatives, and the president of the senate shall appoint     86           

the members of the committee from the senate.  Not more than       88           

three of the members from each house shall be of the same          90           

political party.  In the first regular session of a general        91           

assembly, the chairperson of the committee shall be appointed by   92           

the speaker of the house from among the house members of the       93           

committee, and the vice-chairperson shall be appointed by the      95           

president of the senate from among the senate members of the       96           

committee.  In the second regular session of a general assembly,   97           

the chairperson shall be appointed by the president of the senate  98           

from among the senate members of the committee, and the            100          

vice-chairperson shall be appointed by the speaker of the house    101          

from among the house members of the committee.  The chairperson,   102          

vice-chairperson, and members of the committee shall serve until   104          

their respective successors are appointed or until they are no     105          

longer members of the general assembly.  When a vacancy occurs     106          

among the officers or members of the committee, it shall be        108          

filled in the same manner as the original appointment.             109          

      Notwithstanding section 101.26 of the Revised Code, the      111          

members, when engaged in their duties as members of the committee  113          

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   115          

the per diem rate of one hundred fifty dollars, and their          117          

necessary traveling expenses, which shall be paid from the funds   118          

appropriated for the payment of expenses of legislative            119          

committees.                                                                     

      The committee has the same powers as other standing or       121          

select committees of the general assembly.  Six members            122          

constitute a quorum, and the concurrence of six members is         123          

required for the recommendation of a concurrent resolution         124          

invalidating a proposed or effective rule, amendment, rescission,  125          

or part thereof, or for the suspension of a rule, amendment,       126          

rescission, or part thereof, under division (I) of section 119.03  127          

or section 119.031 of the Revised Code.                            128          

                                                          4      


                                                                 
      WHEN A MEMBER OF THE COMMITTEE IS ABSENT, THE PRESIDENT OR   130          

SPEAKER, AS THE CASE MAY BE, MAY DESIGNATE A SUBSTITUTE FROM THE   131          

SAME HOUSE AND POLITICAL PARTY AS THE ABSENT MEMBER.  THE          132          

SUBSTITUTE SHALL SERVE ON THE COMMITTEE IN THE MEMBER'S ABSENCE,   133          

AND IS ENTITLED TO PERFORM THE DUTIES OF A MEMBER OF THE           134          

COMMITTEE.  FOR SERVING ON THE COMMITTEE, THE SUBSTITUTE SHALL BE  135          

PAID THE SAME PER DIEM AND NECESSARY TRAVELING EXPENSES AS THE                  

SUBSTITUTE WOULD BE ENTITLED TO RECEIVE IF THE SUBSTITUTE WERE A   136          

MEMBER OF THE COMMITTEE.                                                        

      THE PRESIDENT OR SPEAKER SHALL INFORM THE EXECUTIVE          138          

DIRECTOR OF THE COMMITTEE OF A SUBSTITUTION.  IF THE EXECUTIVE     139          

DIRECTOR LEARNS OF A SUBSTITUTION SUFFICIENTLY IN ADVANCE OF THE   140          

MEETING OF THE COMMITTEE THE SUBSTITUTE IS TO ATTEND, THE          141          

EXECUTIVE DIRECTOR SHALL PUBLISH NOTICE OF THE SUBSTITUTION ON     142          

THE INTERNET, MAKE REASONABLE EFFORT TO INFORM OF THE              143          

SUBSTITUTION PERSONS WHO ARE KNOWN TO THE EXECUTIVE DIRECTOR TO    144          

BE INTERESTED IN RULES THAT ARE SCHEDULED FOR REVIEW AT THE        145          

MEETING, AND INFORM OF THE SUBSTITUTION PERSONS WHO INQUIRE OF     146          

THE EXECUTIVE DIRECTOR CONCERNING THE MEETING.                     147          

      The committee may meet during periods in which the general   149          

assembly has adjourned.  At meetings of the committee, the         150          

committee may request a rule-making agency, as defined in section  151          

119.01 of the Revised Code, to provide information relative to     152          

the agency's implementation of its statutory authority.            153          

      A MEMBER OF THE COMMITTEE, AND THE EXECUTIVE DIRECTOR AND    155          

STAFF OF THE COMMITTEE, ARE ENTITLED IN THEIR OFFICIAL CAPACITIES  157          

TO ATTEND, BUT NOT IN THEIR OFFICIAL CAPACITIES TO PARTICIPATE     158          

IN, A PUBLIC HEARING CONDUCTED BY A RULE-MAKING AGENCY ON A        159          

PROPOSED RULE, AMENDMENT, OR RESCISSION.                                        

      Sec. 103.05.  (A)  The director of the legislative service   168          

commission shall be the codifier of the rules of the               169          

administrative agencies of the state.  When a rule is filed under  170          

section 111.15, 119.04, 4141.14, or 5703.14 of the Revised Code,   171          

the director or the director's designee shall examine the rule.    173          

                                                          5      


                                                                 
If the rule is not numbered or if the numbering of the rule is     174          

not in conformity with the system established by the director,     175          

the director shall give the rule its proper number by designating  176          

the proper number on the left hand margin of the rule.  The        177          

number shall be the official administrative code number of the     178          

rule.  Any number so assigned shall be published in any            179          

publication of the administrative code.  Rules of the              180          

administrative code shall be cited and referred to by such         181          

official numbers.                                                               

      The legislative service commission shall, pursuant to        183          

section 111.15 of the Revised Code, adopt, amend, and rescind any  184          

rules that are necessary to provide a uniform administrative       186          

code,; to provide standards for use by the director in                          

determining whether to include in the administrative code the      188          

full text of, or a reference to, any rule filed with the           189          

commission, and; to permit the director to discharge the           190          

director's duties and exercise the director's powers as described  192          

in this section; AND TO PERMIT THE DIRECTOR TO DISCHARGE THE       193          

DIRECTOR'S DUTIES AND EXERCISE THE DIRECTOR'S POWERS WITH RESPECT  194          

TO ESTABLISHING AND MAINTAINING, AND ENHANCING AND IMPROVING, THE  195          

ELECTRONIC RULE-FILING SYSTEM UNDER SECTION 103.0511 OF THE        196          

REVISED CODE.                                                      197          

      When the commission adopts rules to provide standards for    199          

use by the director in determining whether to include the full     200          

text of, or a reference to, a rule in the administrative code, it  201          

shall consider all of the following:                               202          

      (1)  Whether the rule applies uniformly to all citizens of   204          

the state;                                                         205          

      (2)  Whether the rule applies uniformly to all political     207          

subdivisions of the state;                                         208          

      (3)  Whether the rule affects the health, welfare, and       210          

safety of the citizens of the state;                               211          

      (4)  Whether the rule applies only to the internal affairs   213          

of the agency adopting the rule;                                   214          

                                                          6      


                                                                 
      (5)  The number of persons affected by the rule;             216          

      (6)  Whether the rule affects the statutory or               218          

constitutional rights of any person.                               219          

      The director or the director's designee shall accept any     221          

rule that is filed under section 111.15, 119.04, 4141.14, or       223          

5703.14 of the Revised Code.  If the director or the director's    224          

designee accepts a rule that is not in compliance with the rules   225          

of the commission, the director shall give written notice of the   226          

noncompliance to the agency that filed the rule within thirty      227          

days after the date on which the rule is filed.  The notice shall  228          

indicate why the rule does not comply with the rules of the        229          

commission and how the rule can be brought into compliance.  The   230          

failure of the director to give an agency notice within the        231          

thirty-day period shall presumptively establish that the rule      232          

complies with the rules of the commission.                         233          

      (B)  The director shall approve as acceptable any            235          

publication of the code conforming to the requirements of this     236          

division.                                                                       

      An Ohio administrative code approved as acceptable by the    239          

director shall:                                                                 

      (1)  Contain a compilation of the full text of, or a         241          

reference to, each rule filed under sections 111.15, 119.04,       242          

4141.14, and 5703.14 of the Revised Code;                          243          

      (2)  Presumptively establish the rules of all agencies       245          

adopting rules under section 111.15, 4141.14, 5703.14, or Chapter  246          

119. of the Revised Code that are in effect on the day of its      247          

initial publication;                                               248          

      (3)  Contain the full text of, or a reference to, each rule  251          

adopted after its initial publication and be updated at least      252          

quarterly;                                                                      

      (4)  Contain an index of the rules and references to rules   254          

that are included in the code and each supplement using terms      255          

easily understood by the general public;                           256          

      (5)  Be published in electronic or print format following,   259          

                                                          7      


                                                                 
to the extent possible, the subject matter arrangement of the      261          

Revised Code;                                                      262          

      (6)  Be numbered according to the numbering system devised   264          

by the director.                                                   265          

      (C)  If the director does not approve as acceptable any      267          

publication of the administrative code, the director, subject to   268          

division (D) of this section, may prepare and publish the code,    270          

or contract with any person under this division to prepare and     272          

publish the code.  Any code published under this division shall    273          

include all of the requirements of division (B) of this section.   274          

In addition, the director shall furnish any code or supplement     275          

published under this division to any person who requests the code  277          

or supplement upon payment of a charge established by the          278          

director, not to exceed the cost of preparation and publication.   279          

      Upon the request of the director of the legislative service  281          

commission under this division, the director of administrative     282          

services, in accordance with the competitive selection procedure   283          

of Chapter 125. of the Revised Code, shall let a contract for the  284          

compilation, preparation, and printing or publication of the       285          

administrative code and supplements.                               286          

      (D)  The director shall not prepare and publish the          288          

administrative code in a print mode or any other mode under        289          

division (B) or (C) of this section unless no other person is      290          

willing and qualified to publish a version of the code in that     291          

mode that the director has approved as acceptable.                 292          

      Sec. 103.051.  THE "REGISTER OF OHIO" IS AN ELECTRONIC       296          

PUBLICATION THAT FUNCTIONS AS A GAZETTE TO WHICH MEMBERS OF THE    297          

PUBLIC MAY READILY RESORT FOR NOTICE OF AND INFORMATION ABOUT      298          

RULE-MAKING PROCESSES.  THE DIRECTOR OF THE LEGISLATIVE SERVICE    299          

COMMISSION SHALL PUBLISH THE REGISTER.  THE REGISTER IS TO         300          

INCLUDE ALL RULE-MAKING DOCUMENTS THAT ARE REQUIRED BY STATUTE TO  302          

BE PUBLISHED IN THE REGISTER.  THE DIRECTOR SHALL DISPLAY THE                   

REGISTER FREE OF CHARGE ON THE INTERNET, AND SHALL ENSURE THAT     303          

PRINTED COPIES OF ALL OR PART OF A DOCUMENT PUBLISHED IN THE       304          

                                                          8      


                                                                 
REGISTER CAN BE EASILY PRODUCED BY USERS OF THE INTERNET.          305          

      THE DIRECTOR, TAKING INTO CONSIDERATION THE PUBLIC NOTICE    307          

AND INFORMATION FUNCTIONS PERFORMED BY THE REGISTER, SHALL UPDATE  309          

THE REGISTER AT REASONABLE INTERVALS, BUT NOT LESS OFTEN THAN                   

WEEKLY.  THE DIRECTOR SHALL ESTABLISH A REASONABLE DEADLINE        311          

BEFORE EACH UPDATING.  A DOCUMENT RECEIVED BY THE DIRECTOR ON OR   312          

BEFORE A DEADLINE IS TO BE PUBLISHED IN THE REGISTER UPON THE      313          

REGISTER'S NEXT UPDATING.  THE DIRECTOR SHALL PURGE A DOCUMENT     314          

FROM THE REGISTER WHEN ITS DISPLAY NO LONGER SERVES THE PUBLIC     315          

NOTICE AND INFORMATION FUNCTIONS PERFORMED BY THE REGISTER.        316          

      THE DIRECTOR UPON REQUEST OF ANY PERSON SHALL PROVIDE THE    318          

PERSON WITH A PRINTED COPY OF ALL OR PART OF A DOCUMENT PUBLISHED  320          

IN THE REGISTER.  THE DIRECTOR MAY CHARGE AND COLLECT A FEE FOR    321          

THIS SERVICE.  ANY SUCH FEE IS NOT TO EXCEED THE ACTUAL COST OF    322          

PRINTING AND DELIVERING THE PRINTED COPY TO THE PERSON REQUESTING  323          

IT.  THE DIRECTOR SHALL DEPOSIT THE FEES INTO THE STATE TREASURY   324          

TO THE CREDIT OF THE REGISTER OF OHIO FUND.                        325          

      Sec. 103.052.  THE DIRECTOR OF THE LEGISLATIVE SERVICE       328          

COMMISSION MAY REQUEST AN AGENCY TO PROVIDE THE DIRECTOR WITH      329          

ASSISTANCE THAT IS WITHIN THE AGENCY'S COMPETENCE AND THAT IS      330          

REASONABLY NECESSARY TO ENSURE THE DIRECTOR'S SUCCESSFUL,          331          

EFFICIENT, AND TIMELY ELECTRONIC PUBLICATION OF THE REGISTER OF    333          

OHIO.                                                                           

      Sec. 103.053.  TO RECOVER A PORTION OF THE COST OF           336          

PUBLISHING THE REGISTER OF OHIO, THE DIRECTOR OF THE LEGISLATIVE   338          

SERVICE COMMISSION MAY SEEK REIMBURSEMENT FROM AN AGENCY OF        339          

ACTUAL COSTS THE DIRECTOR INCURS IN PUBLISHING THE AGENCY'S        340          

DOCUMENTS IN THE REGISTER.  THE AMOUNT SOUGHT FOR REIMBURSEMENT    341          

IS TO BE AN AMOUNT PROPORTIONAL TO THE INTERNET SPACE ALLOCATED    342          

TO THE AGENCY FOR PUBLISHING THE AGENCY'S DOCUMENTS IN THE         343          

REGISTER, AND IS TO BE REDUCED BY THE VALUE OF ASSISTANCE THE      344          

AGENCY HAS PROVIDED TO THE DIRECTOR WITH RESPECT TO PUBLICATION    345          

OF THE REGISTER.  THE DIRECTOR SHALL DEPOSIT REIMBURSEMENTS INTO   346          

THE STATE TREASURY TO THE CREDIT OF THE REGISTER OF OHIO FUND.     347          

                                                          9      


                                                                 
      Sec. 103.054.  THE REGISTER OF OHIO FUND IS HEREBY CREATED   350          

IN THE STATE TREASURY.  THE DIRECTOR OF THE LEGISLATIVE SERVICE    351          

COMMISSION SHALL USE MONEY IN THE FUND TO DEFRAY COSTS OF          352          

PUBLISHING THE REGISTER OF OHIO.  INVESTMENT EARNINGS OF THE FUND  355          

ARE TO BE CREDITED TO THE FUND.                                                 

      Sec. 103.0511.  THE DIRECTOR OF THE LEGISLATIVE SERVICE      357          

COMMISSION SHALL ESTABLISH AND MAINTAIN, AND ENHANCE AND IMPROVE,  358          

AN ELECTRONIC RULE-FILING SYSTEM CONNECTING:                       359          

      (A)  THE LEGISLATIVE SERVICE COMMISSION, THE JOINT           362          

COMMITTEE ON AGENCY RULE REVIEW, THE SECRETARY OF STATE, AND THE                

OFFICE OF SMALL BUSINESS;                                          363          

      (B)  THE GOVERNOR, THE SENATE AND HOUSE OF REPRESENTATIVES,  366          

AND THE CLERKS OF THE SENATE AND HOUSE OF REPRESENTATIVES;         367          

      (C)  EACH AGENCY THAT FILES RULES AND OTHER RULE-MAKING AND  370          

RULE-RELATED DOCUMENTS WITH THE LEGISLATIVE SERVICE COMMISSION,    371          

THE JOINT COMMITTEE ON AGENCY RULE REVIEW, THE GOVERNOR, THE                    

SECRETARY OF STATE, THE OFFICE OF SMALL BUSINESS, THE GENERAL      372          

ASSEMBLY, OR A COMMITTEE OF THE SENATE OR HOUSE OF                 373          

REPRESENTATIVES UNDER SECTION 111.15, 117.20, 119.03, 119.031,     374          

119.032, 119.0311, 119.04, 121.24, 121.39, 127.18, 4141.14,        375          

5117.02, OR 5703.14 OF THE REVISED CODE OR ANY OTHER STATUTE;      376          

      (D)  THE SEVERAL PUBLISHERS OF THE ADMINISTRATIVE CODE; AND  380          

      (E)  ANY OTHER PERSON OR GOVERNMENTAL OFFICER OR ENTITY      383          

WHOSE INCLUSION IN THE SYSTEM IS REQUIRED FOR THE SYSTEM TO BE A   384          

COMPLETE ELECTRONIC RULE-FILING SYSTEM.                                         

      THE ELECTRONIC RULE-FILING SYSTEM IS TO ENABLE RULES AND     386          

RULE-MAKING AND RULE-RELATED DOCUMENTS TO BE FILED, AND OFFICIAL   387          

RESPONSES TO THESE FILINGS TO BE MADE, EXCLUSIVELY BY ELECTRONIC   388          

MEANS.                                                                          

      Sec. 103.13.  The Ohio legislative service commission        397          

shall:                                                             398          

      (A)  Conduct research, make investigations, and secure       400          

information or data on any subject and make reports thereon to     401          

the general assembly;                                              402          

                                                          10     


                                                                 
      (B)  Ascertain facts and make reports concerning the state   404          

budget, the revenues and expenditures of the state, and of the     405          

organization and functions of the state, its departments,          406          

subdivisions, and agencies;                                        407          

      (C)  Make surveys, investigations, and studies, and compile  409          

data, information, and records on any question which may be        410          

referred to it by either house of the general assembly or any      411          

standing committee of the general assembly;                        412          

      (D)  Assist and cooperate with any interim legislative       414          

committee or other agency created by the general assembly;         415          

      (E)  Prepare or advise in the preparation of any bill or     417          

resolution, when requested by any member of the general assembly;  418          

      (F)  Collect, classify, and index the documents of the       420          

state which shall include executive and legislative documents and  421          

departmental reports and keep on file all bills, resolutions, and  422          

official journals printed by order of either house of the general  423          

assembly;                                                          424          

      (G)  Provide members of the general assembly with impartial  426          

and accurate information and reports concerning legislative        427          

problems in accordance with rules prescribed by the commission;    428          

      (H)  Annually collect the reports required by section        430          

4743.01 of the Revised Code and prepare a report evaluating the    431          

extent to which state boards and commissions which regulate        432          

occupations are financially self-supporting.  The report shall be  433          

presented to the speaker and the minority leader of the house of   434          

representatives, the president and the minority leader of the      435          

senate, and the chairman CHAIRPERSON and ranking minority member   436          

of the finance committees of both houses, on or before the         438          

thirty-first day of December each year.                            439          

      (I)  Codify the rules of administrative agencies of the      441          

state in accordance with the provisions of section 103.05 of the   442          

Revised Code;                                                      443          

      (J)  PUBLISH THE REGISTER OF OHIO UNDER SECTION 103.051 OF   446          

THE REVISED CODE;                                                               

                                                          11     


                                                                 
      (K)  OPERATE THE ELECTRONIC RULE-FILING SYSTEM UNDER         449          

SECTION 103.0511 OF THE REVISED CODE.                              450          

      Sec. 103.25.  The director of the legislative service        459          

commission shall take all necessary measures to protect and        460          

maintain the integrity and security of all:                        461          

      (A)  ALL legislative AND QUASI-LEGISLATIVE documents stored  464          

in an electronic format, including any database that contains the  465          

Revised Code or Ohio administrative code; AND                      466          

      (B)  THE ELECTRONIC RULE-FILING SYSTEM.                      468          

      Sec. 111.15.  (A)  As used in this section:                  477          

      (1)  "Rule" includes any rule, regulation, bylaw, or         479          

standard having a general and uniform operation adopted by an      480          

agency under the authority of the laws governing the agency; any   481          

appendix to a rule; and any internal management rule.  "Rule"      482          

does not include any guideline adopted pursuant to section         483          

3301.0714 of the Revised Code, any order respecting the duties of  484          

employees, any finding, any determination of a question of law or  485          

fact in a matter presented to an agency, or any rule promulgated   486          

pursuant to Chapter 119., section 4141.14, division (C)(1) or (2)  487          

of section 5117.02, or section 5703.14 of the Revised Code.        488          

"Rule" includes any amendment or rescission of a rule.             489          

      (2)  "Agency" means any governmental entity of the state     491          

and includes, but is not limited to, any board, department,        492          

division, commission, bureau, society, council, institution,       493          

state college or university, community college district,           494          

technical college district, or state community college.  "Agency"  495          

does not include the general assembly, the controlling board, the  497          

adjutant general's department, or any court.                       498          

      (3)  "Internal management rule" means any rule, regulation,  500          

bylaw, or standard governing the day-to-day staff procedures and   501          

operations within an agency.                                       502          

      (4)  "Substantive revision" has the same meaning as in       504          

division (J) of section 119.01 of the Revised Code.                505          

      (B)(1)  Any rule, other than a rule of an emergency nature,  507          

                                                          12     


                                                                 
adopted by any agency pursuant to this section shall be effective  508          

on the tenth day after the day on which the rule in final form     509          

and in compliance with division (B)(3) of this section is filed    510          

as follows:                                                        511          

      (a)  Two certified copies of the rule shall be filed with    513          

both the secretary of state and the director of the legislative    514          

service commission;                                                515          

      (b)  Two certified copies of the rule shall be filed with    517          

the joint committee on agency rule review.  Division (B)(1)(b) of  518          

this section does not apply to any rule to which division (D) of   519          

this section does not apply.                                       520          

      An agency that adopts or amends a rule that is subject to    522          

division (D) of this section shall assign a review date to the     524          

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       525          

assigned to a rule exceeds the five-year maximum, the review date  526          

for the rule is five years after its effective date.  A rule with  527          

a review date is subject to review under section 119.032 of the    528          

Revised Code.  This paragraph does not apply to a rule of a state  530          

college or university, community college district, technical                    

college district, or state community college.                      531          

      If all copies are not filed on the same day, the rule shall  533          

be effective on the tenth day after the day on which the latest    534          

filing is made.  If an agency in adopting a rule designates an     535          

effective date that is later than the effective date provided for  536          

by division (B)(1) of this section, the rule if filed as required  537          

by such division shall become effective on the later date          538          

designated by the agency.                                          539          

      Any rule that is required to be filed under division (B)(1)  541          

of this section is also subject to division (D) of this section    542          

if not exempted by division (D)(1), (2), (3), (4), (5), (6), (7),  544          

or (8) of this section.                                                         

      (2)  A rule of an emergency nature necessary for the         546          

immediate preservation of the public peace, health, or safety      547          

                                                          13     


                                                                 
shall state the reasons for the necessity.  Copies of the          548          

emergency rule, in final form and in compliance with division      549          

(B)(3) of this section, shall be filed as follows:  two certified  550          

copies of the emergency rule shall be filed with both the          551          

secretary of state and the director of the legislative service     552          

commission, and one certified copy of the emergency rule shall be  553          

filed with the joint committee on agency rule review.  The         554          

emergency rule is effective immediately upon the latest filing,    555          

except that if the agency in adopting the emergency rule           556          

designates an effective date, or date and time of day, that is     557          

later than the effective date and time provided for by division    558          

(B)(2) of this section, the emergency rule if filed as required    559          

by such division shall become effective at the later date, or      560          

later date and time of day, designated by the agency.              561          

      An emergency rule becomes invalid at the end of the          563          

ninetieth day it is in effect.  Prior to that date, the agency     564          

may file the emergency rule as a nonemergency rule in compliance   565          

with division (B)(1) of this section.  The agency may not refile   566          

the emergency rule in compliance with division (B)(2) of this      567          

section so that, upon the emergency rule becoming invalid under    568          

such division, the emergency rule will continue in effect without  569          

interruption for another ninety-day period.                        570          

      (3)  An agency shall file a rule under division (B)(1) or    572          

(2) of this section in compliance with the following standards     573          

and procedures:                                                    574          

      (a)  The rule shall be numbered in accordance with the       576          

numbering system devised by the director for the Ohio              577          

administrative code.                                               578          

      (b)  The rule shall be prepared and submitted in compliance  580          

with the rules of the legislative service commission.              581          

      (c)  The rule shall clearly state the date on which it is    583          

to be effective and the date on which it will expire, if known.    584          

      (d)  Each rule that amends or rescinds another rule shall    586          

clearly refer to the rule that is amended or rescinded.  Each      587          

                                                          14     


                                                                 
amendment shall fully restate the rule as amended.                 588          

      If the director of the legislative service commission or     590          

the director's designee gives an agency written notice pursuant    592          

to section 103.05 of the Revised Code that a rule filed by the     593          

agency is not in compliance with the rules of the legislative      594          

service commission, the agency shall within thirty days after      595          

receipt of the notice conform the rule to the rules of the         596          

commission as directed in the notice.                              597          

      (C)  All rules filed pursuant to divisions (B)(1)(a) and     599          

(2) of this section shall be recorded by the secretary of state    600          

and the director under the title of the agency adopting the rule   601          

and shall be numbered according to the numbering system devised    602          

by the director.  The secretary of state and the director shall    603          

preserve the rules in an accessible manner.  Each such rule shall  604          

be a public record open to public inspection and may be lent to    605          

any law publishing company that wishes to reproduce it.            606          

      (D)  At least sixty SIXTY-FIVE days before a board,          608          

commission, department, division, or bureau of the government of   609          

the state files a rule under division (B)(1) of this section, it   610          

shall file two copies of the full text of the proposed rule with   611          

the joint committee on agency rule review, and the proposed rule   613          

is subject to legislative review and invalidation under division   615          

(I) of section 119.03 of the Revised Code.  If a state board,      616          

commission, department, division, or bureau makes a substantive    617          

revision in a proposed rule after it is filed with the joint       618          

committee, the state board, commission, department, division, or   620          

bureau shall promptly file two copies of the full text of the      622          

proposed rule in its revised form with the joint committee.  The   623          

latest version of a proposed rule as filed with the joint          624          

committee supersedes each earlier version of the text of the same  626          

proposed rule.  Except as provided in division (F) of this         627          

section, a state board, commission, department, division, or       628          

bureau shall attach one copy of the rule summary and fiscal        629          

analysis prepared under section 121.24 or 127.18 of the Revised    630          

                                                          15     


                                                                 
Code, or both, to each copy of a proposed rule, and to each copy   631          

of a proposed rule in revised form, that is filed under this       632          

division.                                                          633          

      As used in this division, "commission" includes the public   635          

utilities commission when adopting rules under a federal or state  636          

statute.                                                                        

      This division does not apply to any of the following:        638          

      (1)  A proposed rule of an emergency nature;                 640          

      (2)  A rule proposed under section 1121.05, 1121.06,         642          

1155.18, 1733.412, 4123.29, 4123.34, 4123.341, 4123.342, 4123.40,  643          

4123.411, 4123.44, or 4123.442 of the Revised Code;                645          

      (3)  A rule proposed by an agency other than a board,        647          

commission, department, division, or bureau of the government of   648          

the state;                                                         649          

      (4)  A proposed internal management rule of a board,         651          

commission, department, division, or bureau of the government of   652          

the state;                                                         653          

      (5)  Any proposed rule that must be adopted verbatim by an   655          

agency pursuant to federal law or rule, to become effective        656          

within sixty days of adoption, in order to continue the operation  657          

of a federally reimbursed program in this state, so long as the    658          

proposed rule contains both of the following:                      659          

      (a)  A statement that it is proposed for the purpose of      661          

complying with a federal law or rule;                              662          

      (b)  A citation to the federal law or rule that requires     664          

verbatim compliance.                                               665          

      (6)  An initial rule proposed by the director of health to   667          

impose safety standards, quality-of-care standards, and            668          

quality-of-care data reporting requirements with respect to a      669          

health service specified in section 3702.11 of the Revised Code,   670          

or an initial rule proposed by the director to impose quality      672          

standards on a facility listed in division (A)(4) of section                    

3702.30 of the Revised Code, if section 3702.12 of the Revised     673          

Code requires that the rule be adopted under this section;         674          

                                                          16     


                                                                 
      (7)  A rule of the state lottery commission pertaining to    676          

instant game rules.                                                677          

      IF A RULE IS EXEMPT FROM LEGISLATIVE REVIEW UNDER DIVISION   679          

(D)(5) OF THIS SECTION, AND IF THE FEDERAL LAW OR RULE PURSUANT    680          

TO WHICH THE RULE WAS ADOPTED EXPIRES, IS REPEALED OR RESCINDED,                

OR OTHERWISE TERMINATES, THE RULE IS THEREAFTER SUBJECT TO         681          

LEGISLATIVE REVIEW UNDER DIVISION (D) OF THIS SECTION.             682          

      (E)  Whenever a state board, commission, department,         684          

division, or bureau files a proposed rule or a proposed rule in    685          

revised form under division (D) of this section, it shall also     686          

file one copy of the full text of the same proposed rule or        687          

proposed rule in revised form with the secretary of state and two  688          

copies thereof with the director of the legislative service        689          

commission.  Except as provided in division (F) of this section,   690          

a state board, commission, department, division, or bureau shall   691          

attach a copy of the rule summary and fiscal analysis prepared     692          

under section 121.24 or 127.18 of the Revised Code, or both, to    693          

each copy of a proposed rule or proposed rule in revised form      694          

that is filed with the secretary of state or the director of the   695          

legislative service commission.                                    696          

      (F)  Except as otherwise provided in this division, the      698          

auditor of state or the auditor of state's designee is not         699          

required to attach a rule summary and fiscal analysis to any copy  701          

of a proposed rule, or proposed rule in revised form, that the     702          

auditor of state proposes under section 117.12, 117.19, 117.38,    704          

or 117.43 of the Revised Code and files under division (D) or (E)  705          

of this section.  If, however, the auditor of state or the         706          

designee prepares a rule summary and fiscal analysis of the        707          

original version of such a proposed rule for purposes of           708          

complying with section 121.24 of the Revised Code, the auditor of  709          

state or designee shall attach a copy of the rule summary and      710          

fiscal analysis to each copy of the original version of the        711          

proposed rule filed under division (D) or (E) of this section.     712          

      Sec. 119.03.  In the adoption, amendment, or rescission of   721          

                                                          17     


                                                                 
any rule, an agency shall comply with the following procedure:     722          

      (A)  Reasonable public notice shall be given IN THE          724          

REGISTER OF OHIO at least thirty days prior to the date set for a  726          

hearing, in the manner and form and for the length of time as the  727          

agency determines and.  THE AGENCY SHALL FILE COPIES OF THE        728          

PUBLIC NOTICE UNDER DIVISION (B) OF THIS SECTION.  (THE AGENCY     729          

GIVES PUBLIC NOTICE IN THE REGISTER OF OHIO WHEN THE PUBLIC        730          

NOTICE IS PUBLISHED IN THE REGISTER UNDER THAT DIVISION.)          731          

      THE PUBLIC NOTICE shall include:                             734          

      (1)  A statement of the agency's intention to consider       736          

adopting, amending, or rescinding a rule;                          737          

      (2)  A synopsis of the proposed rule, amendment, or rule to  739          

be rescinded or a general statement of the subject matter to       740          

which the proposed rule, amendment, or rescission relates;         741          

      (3)  A statement of the reason or purpose for adopting,      743          

amending, or rescinding the rule;                                  744          

      (4)  The date, time, and place of a hearing on the proposed  746          

action, which shall be not earlier than thirty THE THIRTY-FIRST    747          

nor later than fifty days THE FORTIETH DAY after the proposed      749          

rule, amendment, or rescission is filed under division (B) of      751          

this section.  In                                                               

      IN addition to public notice GIVEN IN THE REGISTER OF OHIO,  754          

the agency may give whatever other notice it REASONABLY considers  756          

necessary TO ENSURE NOTICE CONSTRUCTIVELY IS GIVEN TO ALL PERSONS  757          

WHO ARE SUBJECT TO OR AFFECTED BY THE PROPOSED RULE, AMENDMENT,    758          

OR RESCISSION.  Each agency shall adopt a rule setting forth in    759          

detail the method that the agency shall follow in giving public    760          

notice as to the adoption, amendment, or rescission of rules. The  762          

rule shall require the                                                          

      THE agency to SHALL provide A COPY OF the public notice      765          

required under division (A) of this section to any person who      766          

requests it and pays a reasonable fee, not to exceed the cost of   767          

copying and mailing.  The methods used for notification may        768          

include, but are not limited to, mailing notices to all            769          

                                                          18     


                                                                 
subscribers on a mailing list or mailing notices in addressed,     770          

stamped envelopes provided by the person requesting the notice.    771          

      (B)  One copy of the full text of the proposed rule,         773          

amendment, or rule to be rescinded, accompanied by one copy of     774          

the public notice required under division (A) of this section,     775          

shall be filed with the secretary of state.  Two copies of the     776          

full text of the proposed rule, amendment, or rule to be           777          

rescinded, accompanied by two copies of the public notice          778          

required under division (A) of this section, shall be filed with   779          

the director of the legislative service commission.  (If in        780          

compliance with this division an agency files more than one        781          

proposed rule, amendment, or rescission at the same time, and has  782          

given PREPARED a public notice under division (A) of this section  784          

that applies to more than one of the proposed rules, amendments,   786          

or rescissions, the agency shall file only one copy of the notice  787          

with the secretary of state and only two copies of the notice      788          

with the director for all of the proposed rules, amendments, or    789          

rescissions to which the notice applies.)  The proposed rule,      790          

amendment, or rescission and public notice shall be filed as       791          

required by this division at least sixty SIXTY-FIVE days prior to  793          

the date on which the agency, in accordance with division (D) of   794          

this section, issues an order adopting the proposed rule,          795          

amendment, or rescission.  The                                     796          

      THE proposed rule, amendment, or rescission shall be         799          

available for at least thirty days prior to the date of the                     

hearing at the office of the agency in printed or other legible    800          

form without charge to any person affected by the proposal.        801          

Failure to furnish such text to any person requesting it shall     802          

not invalidate any action of the agency in connection therewith.   803          

If                                                                 804          

      IF the agency files a substantive revision in the text of    806          

the proposed rule, amendment, or rescission under division (H) of  807          

this section, it shall also promptly file one copy of the full     808          

text of the proposed rule, amendment, or rescission in its         809          

                                                          19     


                                                                 
revised form with the secretary of state and two copies thereof    810          

with the director of the legislative service commission.  The      811          

      THE agency shall attach a copy of the rule summary and       814          

fiscal analysis prepared under section 121.24 or 127.18 of the     815          

Revised Code, or both, to each copy of a proposed rule,            816          

AMENDMENT, OR RESCISSION or proposed rule, AMENDMENT, OR           817          

RESCISSION in revised form that is filed with the secretary of     818          

state or the director of the legislative service commission.       819          

      THE DIRECTOR OF THE LEGISLATIVE SERVICE COMMISSION SHALL     821          

PUBLISH IN THE REGISTER OF OHIO THE FULL TEXT OF THE ORIGINAL AND  823          

EACH REVISED VERSION OF A PROPOSED RULE, AMENDMENT, OR             824          

RESCISSION; THE FULL TEXT OF A PUBLIC NOTICE; AND THE FULL TEXT    826          

OF A RULE SUMMARY AND FISCAL ANALYSIS THAT IS FILED WITH THE       827          

DIRECTOR UNDER THIS DIVISION.                                                   

      (C)  On the date and at the time and place designated in     829          

the notice, the agency shall conduct a public hearing at which     830          

any person affected by the proposed action of the agency may       831          

appear and be heard in person, by his THE PERSON'S attorney, or    832          

both, may present his THE PERSON'S position, arguments, or         834          

contentions, orally or in writing, offer and examine witnesses,    836          

and present evidence tending to show that the proposed rule,       837          

amendment, or rescission, if adopted or effectuated, will be       838          

unreasonable or unlawful.  AN AGENCY MAY PERMIT PERSONS AFFECTED   839          

BY THE PROPOSED RULE, AMENDMENT, OR RESCISSION TO PRESENT THEIR    840          

POSITIONS, ARGUMENTS, OR CONTENTIONS IN WRITING, NOT ONLY AT THE   841          

HEARING, BUT ALSO FOR A REASONABLE PERIOD BEFORE, AFTER, OR BOTH   842          

BEFORE AND AFTER THE HEARING.  A PERSON WHO PRESENTS A POSITION    843          

OR ARGUMENTS OR CONTENTIONS IN WRITING BEFORE OR AFTER THE         844          

HEARING IS NOT REQUIRED TO APPEAR AT THE HEARING.                  845          

      At the hearing, the testimony, rulings on the admissibility  847          

of evidence, and proffers of evidence shall be recorded by         848          

stenographic means.  Such record shall be made at the expense of   849          

the agency.  THE AGENCY IS REQUIRED TO TRANSCRIBE A RECORD THAT    851          

IS NOT SIGHT READABLE ONLY IF A PERSON REQUESTS TRANSCRIPTION OF   852          

                                                          20     


                                                                 
ALL OR PART OF THE RECORD AND AGREES TO REIMBURSE THE AGENCY FOR   853          

THE COSTS OF THE TRANSCRIPTION.  AN AGENCY MAY REQUIRE THE PERSON  854          

TO PAY IN ADVANCE ALL OR PART OF THE COST OF THE TRANSCRIPTION.    856          

      In any hearing under this section the agency may administer  858          

oaths or affirmations.                                             859          

      The agency shall pass upon the admissibility of evidence,    861          

but the person affected may at the time make objection to the      862          

ruling of the agency, and if the agency refuses to admit evidence  863          

the person offering the evidence shall make a proffer of the       864          

evidence, and the proffer shall be made a part of the record of    865          

such hearing.                                                      866          

      (D)  After complying with divisions (A), (B), (C), and (H)   868          

of this section, and when the time for legislative review and      869          

invalidation under division (I) of this section has expired, the   870          

agency may issue an order adopting the proposed rule or the        871          

proposed amendment or rescission of the rule, consistent with the  872          

synopsis or general statement included in the public notice.  At   873          

that time the agency shall designate the effective date of the     874          

rule, amendment, or rescission, which shall not be earlier than    875          

the tenth day after the rule, amendment, or rescission has been    876          

filed in its final form as provided in section 119.04 of the       877          

Revised Code.                                                      878          

      (E)  Prior to the effective date of a rule, amendment, or    880          

rescission, the agency shall make a reasonable effort to inform    881          

those affected by the rule, amendment, or rescission and to have   882          

available for distribution to those requesting it the full text    883          

of the rule as adopted or as amended.                              884          

      (F)  If the governor, upon the request of an agency,         886          

determines that an emergency requires the immediate adoption,      887          

amendment, or rescission of a rule, he THE GOVERNOR shall issue a  889          

written order, a copy of which shall be filed with the secretary   890          

of state, the director of the legislative service commission, and  891          

the joint committee on agency rule review, that the procedure      892          

prescribed by this section with respect to the adoption,           893          

                                                          21     


                                                                 
amendment, or rescission of a specified rule is suspended.  The    894          

agency may then adopt immediately the emergency rule, amendment,   895          

or rescission and it becomes effective on the date copies of the   896          

rule, amendment, or rescission, in final form and in compliance    897          

with division (A)(2) of section 119.04 of the Revised Code, are    898          

filed as follows:  two certified copies of the emergency rule,     899          

amendment, or rescission shall be filed with both the secretary    900          

of state and the director of the legislative service commission,   901          

and one certified copy of the emergency rule, amendment, or        902          

rescission shall be filed with the joint committee on agency rule  903          

review.  If all copies are not filed on the same day, the          904          

emergency rule, amendment, or rescission shall be effective on     905          

the day on which the latest filing is made.  The  THE DIRECTOR     906          

SHALL PUBLISH THE FULL TEXT OF THE EMERGENCY RULE, AMENDMENT, OR   907          

RESCISSION IN THE REGISTER OF OHIO.                                908          

      THE emergency rule, amendment, or rescission shall become    911          

invalid at the end of the ninetieth day it is in effect.  Prior    912          

to that date the agency may adopt the emergency rule, amendment,   913          

or rescission as a nonemergency rule, amendment, or rescission by  914          

complying with the procedure prescribed by this section for the    915          

adoption, amendment, and rescission of nonemergency rules.  The    916          

agency shall not use the procedure of this division to readopt     917          

the emergency rule, amendment, or rescission so that, upon the     918          

emergency rule, amendment, or rescission becoming invalid under    919          

this division, the emergency rule, amendment, or rescission will   920          

continue in effect without interruption for another ninety-day     921          

period.  This                                                                   

      THIS division does not apply to the adoption of any          923          

emergency rule, amendment, or rescission by the tax commissioner   924          

under division (C)(2) of section 5117.02 of the Revised Code.      925          

      (G)  Rules adopted by an authority within the department of  927          

taxation or the bureau of employment services shall be effective   928          

without a hearing as provided by this section if the statutes      929          

pertaining to such agency specifically give a right of appeal to   930          

                                                          22     


                                                                 
the board of tax appeals or to a higher authority within the       931          

agency or to a court, and also give the appellant a right to a     932          

hearing on such appeal.  This division does not apply to the       933          

adoption of any rule, amendment, or rescission by the tax          934          

commissioner under division (C)(1) or (2) of section 5117.02 of    935          

the Revised Code, or deny the right to file an action for          936          

declaratory judgment as provided in Chapter 2721. of the Revised   937          

Code from the decision of the board of tax appeals or of the       938          

higher authority within such agency.                               939          

      (H)  When any agency files a proposed rule, amendment, or    941          

rescission under division (B) of this section, it shall also file  942          

with the joint committee on agency rule review two copies of the   943          

full text of the proposed rule, amendment, or rule to be           944          

rescinded in the same form and two copies of the public notice     945          

required under division (A) of this section.  (If in compliance    946          

with this division an agency files more than one proposed rule,    947          

amendment, or rescission at the same time, and has given a public  948          

notice under division (A) of this section that applies to more     949          

than one of the proposed rules, amendments, or rescissions, the    950          

agency shall file only two copies of the notice with the joint     951          

committee for all of the proposed rules, amendments, or            952          

rescissions to which the notice applies.)  If the agency makes a   953          

substantive revision in a proposed rule, amendment, or rescission  954          

after it is filed with the joint committee, the agency shall       955          

promptly file two copies of the full text of the proposed rule,    956          

amendment, or rescission in its revised form with the joint        957          

committee.  The latest version of a proposed rule, amendment, or   958          

rescission as filed with the joint committee supersedes each       959          

earlier version of the text of the same proposed rule, amendment,  960          

or rescission.  An agency shall attach one copy of the rule        961          

summary and fiscal analysis prepared under section 121.24 or       962          

127.18 of the Revised Code, or both, to each copy of a proposed    963          

rule, amendment, or rescission, and to each copy of a proposed     964          

rule, amendment, or rescission in revised form, that is filed      965          

                                                          23     


                                                                 
under this division.                                               966          

      This division does not apply to:                             968          

      (1)  An emergency rule, amendment, or rescission;            970          

      (2)  Any proposed rule, amendment, or rescission that must   972          

be adopted verbatim by an agency pursuant to federal law or rule,  973          

to become effective within sixty days of adoption, in order to     974          

continue the operation of a federally reimbursed program in this   975          

state, so long as the proposed rule contains both of the           976          

following:                                                         977          

      (a)  A statement that it is proposed for the purpose of      979          

complying with a federal law or rule;                              980          

      (b)  A citation to the federal law or rule that requires     982          

verbatim compliance.                                               983          

      IF A RULE OR AMENDMENT IS EXEMPT FROM LEGISLATIVE REVIEW     985          

UNDER DIVISION (H)(2) OF THIS SECTION, AND IF THE FEDERAL LAW OR   986          

RULE PURSUANT TO WHICH THE RULE OR AMENDMENT WAS ADOPTED EXPIRES,  987          

IS REPEALED OR RESCINDED, OR OTHERWISE TERMINATES, THE RULE OR     989          

AMENDMENT, OR ITS RESCISSION, IS THEREAFTER SUBJECT TO             990          

LEGISLATIVE REVIEW UNDER DIVISION (H) OF THIS SECTION.             992          

      (I)(1)  The joint committee on agency rule review may        994          

recommend the adoption of a concurrent resolution invalidating a   995          

proposed rule, amendment, rescission, or part thereof if it finds  996          

any of the following:                                              997          

      (a)  That the rule-making agency has exceeded the scope of   999          

its statutory authority in proposing the rule, amendment, or       1,000        

rescission;                                                        1,001        

      (b)  That the proposed rule, amendment, or rescission        1,003        

conflicts with another rule, amendment, or rescission adopted by   1,004        

the same or a different rule-making agency;                        1,005        

      (c)  That the proposed rule, amendment, or rescission        1,007        

conflicts with the legislative intent in enacting the statute      1,008        

under which the rule-making agency proposed the rule, amendment,   1,009        

or rescission;                                                     1,010        

      (d)  That the rule-making agency has failed to prepare a     1,012        

                                                          24     


                                                                 
complete and accurate rule summary and fiscal analysis of the      1,013        

proposed rule, amendment, or rescission as required by section     1,014        

121.24 or 127.18 of the Revised Code, or both.                     1,015        

      THE JOINT COMMITTEE SHALL NOT HOLD ITS PUBLIC HEARING ON A   1,017        

PROPOSED RULE, AMENDMENT, OR RESCISSION EARLIER THAN THE           1,018        

FORTY-FIRST DAY AFTER THE ORIGINAL VERSION OF THE PROPOSED RULE,   1,019        

AMENDMENT, OR RESCISSION WAS FILED WITH THE JOINT COMMITTEE.       1,020        

      The house of representatives and senate may adopt a          1,022        

concurrent resolution invalidating a proposed rule, amendment,     1,023        

rescission, or part thereof.  The concurrent resolution shall      1,024        

state which of the specific rules, amendments, rescissions, or     1,025        

parts thereof are invalidated.  A concurrent resolution            1,026        

invalidating a proposed rule, amendment, or rescission shall be    1,027        

adopted prior to NOT LATER THAN the sixtieth SIXTY-FIFTH day       1,029        

after the original version of the text of the proposed rule,       1,031        

amendment, or rescission is filed with the joint committee,        1,032        

except that if more than thirty THIRTY-FIVE days after the         1,034        

original version is filed the rule-making agency either files a    1,035        

revised version of the text of the proposed rule, amendment, or    1,036        

rescission, or revises the rule summary and fiscal analysis in     1,037        

accordance with division (I)(4) of this section, a concurrent      1,038        

resolution invalidating the proposed rule, amendment, or           1,039        

rescission shall be adopted prior to NOT LATER THAN the thirtieth  1,040        

day after the revised version of the proposed rule or rule         1,041        

summary and fiscal analysis is filed.  If, after the joint         1,042        

committee on agency rule review recommends the adoption of a       1,043        

concurrent resolution invalidating a proposed rule, amendment,     1,044        

rescission, or part thereof, the house of representatives or       1,045        

senate does not, within the time remaining for adoption of the     1,046        

concurrent resolution, hold five floor sessions at which its       1,047        

journal records a roll call vote disclosing a sufficient number    1,048        

of members in attendance to pass a bill, the time within which     1,049        

that house may adopt the concurrent resolution is extended until   1,050        

it has held five such floor sessions.                              1,051        

                                                          25     


                                                                 
      Within five days after the adoption of a concurrent          1,053        

resolution invalidating a proposed rule, amendment, rescission,    1,054        

or part thereof, the clerk of the senate shall send the            1,055        

rule-making agency, the secretary of state, and the director of    1,056        

the legislative service commission a certified copy of the         1,057        

resolution together with a certification stating the date on       1,058        

which the resolution takes effect.  The secretary of state and     1,059        

the director of the legislative service commission shall each      1,060        

note the invalidity of the proposed rule, amendment, rescission,   1,061        

or part thereof on his copy THEIR COPIES, and shall each remove    1,062        

the invalid proposed rule, amendment, rescission, or part thereof  1,064        

from the file of proposed rules.  The rule-making agency shall     1,065        

not proceed to adopt in accordance with division (D) of this       1,066        

section, or to file in accordance with division (B)(1) of section  1,067        

111.15 of the Revised Code, any version of a proposed rule,        1,068        

amendment, rescission, or part thereof that has been invalidated   1,069        

by concurrent resolution.                                          1,070        

      Unless the house of representatives and senate adopt a       1,072        

concurrent resolution invalidating a proposed rule, amendment,     1,073        

rescission, or part thereof within the time specified by this      1,074        

division, the rule-making agency may proceed to adopt in           1,075        

accordance with division (D) of this section, or to file in        1,076        

accordance with division (B)(1) of section 111.15 of the Revised   1,077        

Code, the latest version of the proposed rule, amendment, or       1,078        

rescission as filed with the joint committee.  If by concurrent    1,079        

resolution certain of the rules, amendments, rescissions, or       1,080        

parts thereof are specifically invalidated, the rule-making        1,081        

agency may proceed to adopt, in accordance with division (D) of    1,082        

this section, or to file in accordance with division (B)(1) of     1,083        

section 111.15 of the Revised Code, the latest version of the      1,084        

proposed rules, amendments, rescissions, or parts thereof as       1,085        

filed with the joint committee that are not specifically           1,086        

invalidated.  The rule-making agency may not revise or amend any   1,087        

proposed rule, amendment, rescission, or part thereof that has     1,088        

                                                          26     


                                                                 
not been invalidated except as provided in this chapter or in      1,089        

section 111.15 of the Revised Code.                                1,090        

      (2)(a)  A proposed rule, amendment, or rescission that is    1,092        

filed with the joint committee under division (H) of this section  1,093        

or division (D) of section 111.15 of the Revised Code shall be     1,094        

carried over for legislative review to the next succeeding         1,095        

regular session of the general assembly if the original or any     1,096        

revised version of the proposed rule, amendment, or rescission is  1,097        

filed with the joint committee on or after the first day of        1,098        

December of any year.                                              1,099        

      (b)  The latest version of any proposed rule, amendment, or  1,101        

rescission that is subject to division (I)(2)(a) of this section,  1,102        

as filed with the joint committee, is subject to legislative       1,103        

review and invalidation in the next succeeding regular session of  1,104        

the general assembly in the same manner as if it were the          1,105        

original version of a proposed rule, amendment, or rescission      1,106        

that had been filed with the joint committee for the first time    1,107        

on the first day of the session.  A rule-making agency shall not   1,108        

adopt in accordance with division (D) of this section, or file in  1,109        

accordance with division (B)(1) of section 111.15 of the Revised   1,110        

Code, any version of a proposed rule, amendment, or rescission     1,111        

that is subject to division (I)(2)(a) of this section until the    1,112        

time for legislative review and invalidation, as contemplated by   1,113        

division (I)(2)(b) of this section, has expired.                   1,114        

      (3)  Invalidation of any version of a proposed rule,         1,116        

amendment, rescission, or part thereof by concurrent resolution    1,117        

shall prevent the rule-making agency from instituting or           1,118        

continuing proceedings to adopt any version of the same proposed   1,119        

rule, amendment, rescission, or part thereof for the duration of   1,120        

the general assembly that invalidated the proposed rule,           1,121        

amendment, rescission, or part thereof unless the same general     1,122        

assembly adopts a concurrent resolution permitting the             1,123        

rule-making agency to institute or continue such proceedings.      1,124        

      The failure of the general assembly to invalidate a          1,126        

                                                          27     


                                                                 
proposed rule, amendment, rescission, or part thereof under this   1,127        

section shall not be construed as a ratification of the            1,128        

lawfulness or reasonableness of the proposed rule, amendment,      1,129        

rescission, or any part thereof or of the validity of the          1,130        

procedure by which the proposed rule, amendment, rescission, or    1,131        

any part thereof was proposed or adopted.                          1,132        

      (4)  In lieu of recommending a concurrent resolution to      1,134        

invalidate a proposed rule, amendment, rescission, or part         1,135        

thereof because the rule-making agency has failed to prepare a     1,136        

complete and accurate fiscal analysis, the joint committee on      1,137        

agency rule review may issue, on a one-time basis, for rules,      1,138        

amendments, rescissions, or parts thereof that have a fiscal       1,139        

effect on school districts, counties, townships, or municipal      1,140        

corporations, a written finding that the rule summary and fiscal   1,141        

analysis is incomplete or inaccurate and order the rule-making     1,142        

agency to revise the rule summary and fiscal analysis and refile   1,143        

it with the proposed rule, amendment, rescission, or part          1,144        

thereof.  If an emergency rule is filed as a nonemergency rule     1,145        

before the end of the ninetieth day of the emergency rule's        1,146        

effectiveness, and the joint committee issues a finding and        1,147        

orders the rule-making agency to refile under division (I)(4) of   1,148        

this section, the governor may also issue a written order stating  1,149        

that the emergency rule shall remain in effect for an additional   1,150        

sixty days after the ninetieth day of the emergency rule's         1,151        

effectiveness.  Copies of the governor's written orders shall be   1,152        

filed in accordance with division (F) of this section.  The joint  1,153        

committee shall send the rule-making agency, the secretary of      1,154        

state, and the director of the legislative service commission a    1,155        

certified copy of the order to revise the rule summary and fiscal  1,156        

analysis, which shall take immediate effect.                       1,157        

      A written order issued under division (I)(4) of this         1,159        

section shall prevent the rule-making agency from instituting or   1,160        

continuing proceedings to adopt any version of the proposed rule,  1,161        

amendment, rescission, or part thereof until the rule-making       1,162        

                                                          28     


                                                                 
agency revises the rule summary and fiscal analysis and refiles    1,163        

it with the joint committee along with the proposed rule,          1,164        

amendment, rescission, or part thereof.  If the joint committee    1,165        

finds the rule summary and fiscal analysis to be complete and      1,166        

accurate, the joint committee shall issue a new written order      1,167        

noting that the rule-making agency has revised and refiled a       1,168        

complete and accurate rule summary and fiscal analysis.  The       1,169        

joint committee shall send the rule-making agency, the secretary   1,170        

of state, and the director of the legislative service commission   1,171        

a certified copy of this new order.  The secretary of state and    1,172        

the director of the legislative service commission shall each      1,173        

attach this order to their copies of the proposed rule,            1,174        

amendment, rescission, or part thereof.  The rule-making agency    1,175        

may then proceed to adopt in accordance with division (D) of this  1,176        

section, or to file in accordance with division (B)(1) of section  1,177        

111.15 of the Revised Code, the proposed rule, amendment,          1,178        

rescission, or part thereof that was subject to the written        1,179        

finding and order under division (I)(4) of this section.  If the   1,180        

joint committee determines that the revised rule summary and       1,181        

fiscal analysis is still inaccurate or incomplete, the joint       1,182        

committee shall recommend the adoption of a concurrent resolution  1,183        

in accordance with division (I)(1) of this section.                1,184        

      Sec. 119.032.  (A)  As used in this section:                 1,193        

      (1)  "Agency" includes both an agency as defined in          1,195        

division (A)(2) of section 111.15 and an agency as defined in      1,196        

division (A) of section 119.01 of the Revised Code.                1,197        

      (2)  "Review date" means the review date assigned to a rule  1,199        

by an agency under division (B) or (E)(2) of this section or       1,200        

under section 111.15, 119.04, or 4141.14 of the Revised Code or a  1,203        

review date assigned to a rule by the joint committee on agency                 

rule review under division (B) of this section.                    1,204        

      (3)(a)  "Rule" means only a rule whose adoption, amendment,  1,206        

or rescission is subject to review under division (D) of section   1,209        

111.15 or division (H) of section 119.03 of the Revised Code.      1,210        

                                                          29     


                                                                 
      (b)  "Rule" does not include a rule adopted, amended, or     1,213        

rescinded by the department of taxation under section 5703.14 of                

the Revised Code, a rule of a state college or university,         1,214        

community college district, technical college district, or state   1,215        

community college, or a rule that is consistent with and           1,216        

equivalent to the form required by a federal law and that does     1,217        

not exceed the minimum scope and intent of that federal law.       1,218        

      (B)  Within one hundred eighty days after the effective      1,221        

date of this section NOT LATER THAN MARCH 25, 1997, each agency    1,222        

shall assign a review date to each of its rules that is currently  1,223        

in effect and shall notify the joint committee on agency rule      1,224        

review of the review date for each such rule.  The agency shall    1,225        

assign review dates to its rules so that approximately one-fifth   1,226        

of the rules are scheduled for review during each calendar year    1,227        

of the five-year period that begins one hundred eighty days after  1,228        

the effective date of this section MARCH 25, 1997, except that an  1,229        

agency, with the joint committee's approval, may set a review      1,231        

schedule for the agency's rules in which there is no requirement   1,232        

that approximately one-fifth of the agency's rules be assigned a   1,233        

review date during each calendar year of the five-year period but  1,234        

in which all of the agency's rules are assigned a review date      1,235        

during that five-year period.  An agency may change the review     1,236        

dates it has assigned to specific rules so long as the agency                   

complies with the five-year time deadline specified in this        1,237        

division.  Upon                                                    1,238        

      UPON the request of the agency that adopted the rule, the    1,241        

joint committee on agency rule review may assign EXTEND a review   1,242        

date to OF a rule TO A DATE that is not later than one hundred     1,244        

twenty EIGHTY days after the original review date assigned to the  1,245        

rule by the agency under this division, division (E)(2) of this    1,246        

section, or section 111.15, 119.04, or 4141.14 of the Revised      1,247        

Code.  The joint committee may FURTHER extend for not longer than  1,248        

sixty days a review date it THAT has assigned to a rule BEEN       1,249        

EXTENDED under this division PARAGRAPH IF APPROPRIATE UNDER THE    1,250        

                                                          30     


                                                                 
CIRCUMSTANCES.                                                                  

      (C)  Prior to the review date of a rule, the agency that     1,253        

adopted the rule shall review the rule to determine all of the                  

following:                                                         1,254        

      (1)  Whether the rule should be continued without            1,256        

amendment, be amended, or be rescinded, taking into consideration  1,257        

the purpose, scope, and intent of the statute under which the      1,258        

rule was adopted;                                                               

      (2)  Whether the rule needs amendment or rescission to give  1,260        

more flexibility at the local level;                               1,262        

      (3)  Whether the rule needs amendment or rescission to       1,264        

eliminate unnecessary paperwork;                                   1,266        

      (4)  Whether the rule duplicates, overlaps with, or          1,268        

conflicts with other rules.                                        1,269        

      (D)  In making the review required under division (C) of     1,272        

this section, the agency shall consider the continued need for     1,273        

the rule, the nature of any complaints or comments received        1,274        

concerning the rule, and any relevant factors that have changed    1,275        

in the subject matter area affected by the rule.                                

      (E)(1)  At least ninety days ON OR before the designated     1,278        

review date of a rule, the agency that adopted the rule shall                   

provide the joint committee on agency rule review with a notice    1,279        

PROCEED under division (E)(2) OR (5) of this section indicating    1,281        

TO INDICATE that the agency has reviewed the rule.                 1,283        

      (2)  If the agency has determined that the rule does not     1,285        

need to be amended or rescinded, the notice AGENCY shall state     1,286        

FILE ALL THE FOLLOWING WITH THE JOINT COMMITTEE ON AGENCY RULE     1,288        

REVIEW, THE SECRETARY OF STATE, AND THE DIRECTOR OF THE            1,289        

LEGISLATIVE SERVICE COMMISSION:  A COPY OF THE RULE, A STATEMENT   1,290        

OF the agency's determination, provide AND an accurate rule        1,292        

summary and fiscal analysis for the rule as described in section   1,294        

127.18 of the Revised Code, and.  THE AGENCY SHALL assign a new    1,295        

review date to the rule, which shall not be later than five years  1,297        

after the rule's immediately preceding review date.  After the     1,298        

                                                          31     


                                                                 
joint committee has reviewed such a rule for the first time,       1,299        

including any rule that was in effect on the effective date of     1,300        

this section SEPTEMBER 26, 1996, the agency in its subsequent      1,301        

reviews of the rule may provide the same fiscal analysis it        1,302        

provided to the joint committee during its immediately preceding   1,303        

review of the rule unless any of the conditions described in       1,304        

division (B)(4), (5), (6), (8), (9), or (10) of section 127.18 of  1,306        

the Revised Code, as they relate to the rule, have appreciably     1,308        

changed since the joint committee's immediately preceding review                

of the rule.  If any of these conditions, as they relate to the    1,309        

rule, have appreciably changed, the agency shall provide the       1,310        

joint committee with an updated fiscal analysis for the rule.  If  1,311        

no review date is assigned to a rule, or if a review date          1,312        

assigned to a rule exceeds the five-year maximum, the review date  1,313        

for the rule is five years after its immediately preceding review  1,314        

date.  The joint committee shall give public notice IN THE         1,315        

REGISTER OF OHIO of the agency's determination each week for four  1,317        

consecutive weeks after receiving a notice from the agency under   1,319        

division (E)(2) of this section.  THE JOINT COMMITTEE SHALL        1,320        

TRANSMIT A COPY OF THE NOTICE TO THE DIRECTOR OF THE LEGISLATIVE   1,322        

SERVICE COMMISSION.  THE DIRECTOR SHALL PUBLISH THE NOTICE IN THE  1,323        

REGISTER OF OHIO FOR FOUR CONSECUTIVE WEEKS AFTER ITS RECEIPT.     1,325        

      (3)  During the ninety-day period following the date the     1,327        

joint committee receives a notice under division (E)(2) of this    1,329        

section but after the four-week period described in division                    

(E)(2) of this section has ended, the joint committee, by a        1,330        

two-thirds vote of the members present, may recommend the          1,331        

adoption of a concurrent resolution invalidating the rule if the   1,332        

joint committee determines that either of the following applies:   1,333        

      (a)  The agency improperly applied the criteria described    1,336        

in divisions (C) and (D) of this section in reviewing the rule     1,337        

and in recommending its continuance without amendment or           1,338        

rescission.                                                                     

      (b)  The agency failed to file proper notice with the joint  1,341        

                                                          32     


                                                                 
committee regarding the rule.                                                   

      (4)  If the joint committee does not take the action         1,343        

described in division (E)(3) of this section regarding a rule      1,345        

during the ninety-day period after the date the joint committee                 

receives a notice under division (E)(2) of this section regarding  1,347        

that rule, the rule shall continue in effect without amendment                  

and shall be next reviewed by the joint committee by the date      1,348        

designated by the agency in the notice provided to the joint       1,349        

committee under division (E)(2) of this section.                   1,350        

      (5)  If the agency has determined that a rule reviewed       1,352        

under division (C) of this section needs to be amended or          1,354        

rescinded, the agency, at least ninety days ON OR before the       1,355        

rule's review date, shall file the rule as amended or rescinded    1,356        

in accordance with section 111.15, 119.03, or 4141.14 of the       1,357        

Revised Code, as applicable.                                       1,358        

      (6)  Within one hundred eighty days after the effective      1,360        

date of this section, each EACH agency shall provide the joint     1,361        

committee with a list COPY of the rules that it has determined     1,363        

are rules described in division (A)(3)(b) of this section.  At a   1,364        

time the joint committee designates, each agency shall appear      1,365        

before the joint committee and explain why it has determined that  1,366        

such rules are rules described in division (A)(3)(b) of this       1,367        

section.  The joint committee, by a two-thirds vote of the         1,368        

members present, may determine that any of such rules are rules    1,369        

described in division (A)(3)(a) of this section.  After the joint  1,370        

committee has made such a determination relating to a rule, the    1,372        

agency shall thereafter treat the rule as a rule described in                   

division (A)(3)(a) of this section.                                1,373        

      (F)  If an agency fails to provide the notice to the joint   1,376        

committee required under division (E)(2) of this section           1,377        

regarding a rule or otherwise fails by the rule's review date to   1,378        

take any action regarding the rule required by this section, the   1,379        

joint committee, by a majority vote of the members present, may    1,380        

recommend the adoption of a concurrent resolution invalidating     1,381        

                                                          33     


                                                                 
the rule.  The joint committee shall not recommend the adoption                 

of such a resolution until it has afforded the agency the          1,382        

opportunity to appear before the joint committee to show cause     1,383        

why the joint committee should not recommend the adoption of such  1,384        

a resolution regarding that rule.                                  1,385        

      (G)  If the joint committee recommends adoption of a         1,388        

concurrent resolution invalidating a rule under division (E)(3)    1,389        

or (F) of this section, the adoption of the concurrent resolution  1,390        

shall be in the manner described in division (I) of section        1,391        

119.03 of the Revised Code.                                        1,392        

      Sec. 119.035.  AN AGENCY MAY APPOINT AN ADVISORY COMMITTEE   1,395        

TO ADVISE THE AGENCY CONCERNING ITS DEVELOPMENT OF A RULE,         1,396        

AMENDMENT, OR RESCISSION, AND MAY OTHERWISE CONSULT WITH PERSONS   1,397        

REPRESENTING INTERESTS THAT WOULD BE AFFECTED BY THE RULE,         1,398        

AMENDMENT, OR RESCISSION WERE IT ACTUALLY TO BE PROPOSED AND       1,399        

ADOPTED.  UPON AN AGENCY'S REQUEST, THE EXECUTIVE DIRECTOR OR      1,400        

ANOTHER OFFICER OR EMPLOYEE OF THE OHIO COMMISSION ON DISPUTE      1,401        

RESOLUTION AND CONFLICT MANAGEMENT MAY SERVE AS A GROUP            1,402        

FACILITATOR FOR, BUT NOT AS A MEMBER OF, SUCH AN ADVISORY          1,403        

COMMITTEE.                                                         1,404        

      Sec. 119.037.  UNLESS EXPLICITLY PROVIDED OTHERWISE BY       1,407        

STATUTE, IF A DOCUMENT IS REQUIRED BY STATUTE TO BE PUBLISHED IN   1,408        

THE REGISTER OF OHIO, ITS PUBLICATION IN THE REGISTER IS           1,410        

SUFFICIENT TO GIVE NOTICE OF THE CONTENT OF THE DOCUMENT TO A      1,411        

PERSON WHO IS SUBJECT TO OR AFFECTED BY THE CONTENT.  UNTIL THE    1,412        

DOCUMENT IS SO PUBLISHED, ITS CONTENT IS NOT VALID AGAINST A       1,413        

PERSON WHO DOES NOT HAVE ACTUAL KNOWLEDGE OF THE CONTENT.          1,414        

      Sec. 119.038.  AN AGENCY SHALL PROVIDE THE DIRECTOR OF THE   1,417        

LEGISLATIVE SERVICE COMMISSION WITH ASSISTANCE THAT IS WITHIN THE  1,418        

AGENCY'S COMPETENCE AND THAT THE DIRECTOR REQUESTS WITH RESPECT    1,419        

TO ELECTRONIC PUBLICATION OF THE REGISTER OF OHIO.                 1,420        

      Sec. 119.039.  AN AGENCY BY MEANS OF AN INTRASTATE TRANSFER  1,423        

VOUCHER SHALL PAY TO THE DIRECTOR OF THE LEGISLATIVE SERVICE       1,424        

COMMISSION THE AMOUNT THE DIRECTOR SEEKS AS REIMBURSEMENT FROM     1,425        

                                                          34     


                                                                 
THE AGENCY FOR THE ACTUAL COSTS OF PUBLISHING THE AGENCY'S         1,426        

DOCUMENTS IN THE REGISTER OF OHIO.                                 1,427        

      Sec. 119.0311.  EACH AGENCY SHALL PREPARE AND PUBLISH, AND   1,430        

AS IT BECOMES NECESSARY OR ADVISABLE, REVISE AND REPUBLISH, A      1,431        

GUIDE TO ITS RULE-MAKING PROCESS THAT FUNCTIONS GENERALLY TO       1,432        

ASSIST MEMBERS OF THE PUBLIC WHO PARTICIPATE, OR WHO MAY WISH TO   1,433        

PARTICIPATE, IN THE AGENCY'S RULE-MAKING.  THE AGENCY'S GUIDE IS   1,434        

TO INCLUDE:                                                        1,435        

      (A)  A STATEMENT OF THE AGENCY'S REGULATORY MISSION;         1,438        

      (B)  A DESCRIPTION OF HOW THE AGENCY IS ORGANIZED TO         1,441        

ACHIEVE ITS REGULATORY MISSION;                                                 

      (C)  AN EXPLANATION OF RULE-MAKING THE AGENCY IS AUTHORIZED  1,444        

OR REQUIRED TO ENGAGE IN TO ACHIEVE ITS REGULATORY MISSION;        1,445        

      (D)  AN EXPLANATION OF THE AGENCY'S RULE-MAKING PROCESS;     1,448        

      (E)  AN INDICATION OF THE POINTS IN THE AGENCY'S             1,451        

RULE-MAKING PROCESS AT WHICH MEMBERS OF THE PUBLIC CAN             1,452        

PARTICIPATE;                                                                    

      (F)  AN EXPLANATION OF HOW MEMBERS OF THE PUBLIC CAN         1,455        

PARTICIPATE IN THE AGENCY'S RULE-MAKING PROCESS AT EACH INDICATED  1,456        

POINT OF PARTICIPATION; AND                                        1,457        

      (G)  OTHER INFORMATION THE AGENCY REASONABLY CONCLUDES WILL  1,460        

ASSIST MEMBERS OF THE PUBLIC MEANINGFULLY TO PARTICIPATE IN THE    1,461        

AGENCY'S RULE-MAKING.                                              1,462        

      AN AGENCY'S GUIDE IS NOT TO BE ADOPTED AS A RULE, BUT        1,464        

RATHER AS A NARRATIVE EXPLANATION OF THE MATTERS OUTLINED IN THIS  1,466        

SECTION.  AN AGENCY'S FAILURE TO CONFORM ITS RULE-MAKING PROCESS   1,467        

TO ITS GUIDE IS NOT CAUSE FOR INVALIDATING A RULE, AMENDMENT, OR   1,468        

RESCISSION ADOPTED BY THE AGENCY.                                               

      THE AGENCY SHALL PUBLISH OR REPUBLISH ITS GUIDE BOTH IN THE  1,472        

REGISTER OF OHIO AND AS A PRINTED PAMPHLET.                                     

      THE AGENCY SHALL SUBMIT A COPY OF ITS GUIDE, IN PAMPHLET OR  1,474        

PREFERABLY IN ELECTRONIC FORM, TO THE DIRECTOR OF THE LEGISLATIVE  1,475        

SERVICE COMMISSION.  THE DIRECTOR THEREUPON SHALL PUBLISH THE      1,476        

AGENCY'S GUIDE IN THE REGISTER OF OHIO.                            1,477        

                                                          35     


                                                                 
      THE AGENCY SHALL PROVIDE A COPY OF ITS PAMPHLET GUIDE TO     1,479        

ANY PERSON UPON REQUEST.  THE AGENCY MAY CHARGE THE PERSON A FEE   1,480        

FOR THIS SERVICE, BUT THE FEE IS NOT TO EXCEED THE PER COPY COST   1,481        

OF PRODUCING THE PAMPHLET GUIDE AND THE ACTUAL COST OF DELIVERING  1,482        

IT TO THE PERSON.                                                  1,483        

      Section 2.  That existing sections 101.35, 103.05, 103.13,   1,485        

103.25, 111.15, 119.03, and 119.032 of the Revised Code are        1,488        

hereby repealed.                                                                

      Section 3.  That sections 103.05, 111.15, 117.20, 119.03,    1,490        

119.031, 119.032, 119.0311, 119.04, 121.24, 121.39, 127.18,        1,491        

4141.14, 5117.02, and 5703.14 of the Revised Code be amended to    1,492        

read as follows:                                                                

      Sec. 103.05.  (A)  The director of the legislative service   1,501        

commission shall be the codifier of the rules of the               1,502        

administrative agencies of the state.  When a rule is filed under  1,503        

section 111.15, 119.04, 4141.14, or 5703.14 of the Revised Code,   1,504        

the director or the director's designee shall examine the rule.    1,506        

If the rule is not numbered or if the numbering of the rule is     1,507        

not in conformity with the system established by the director,     1,508        

the director shall give the rule its proper number by designating  1,509        

the proper number on the left hand margin of the rule.  The        1,510        

number shall be the official administrative code number of the     1,511        

rule.  Any number so assigned shall be published in any            1,512        

publication of the administrative code.  Rules of the              1,513        

administrative code shall be cited and referred to by such         1,514        

official numbers.                                                               

      The legislative service commission shall, pursuant to        1,516        

section 111.15 of the Revised Code, adopt, amend, and rescind any  1,517        

rules that are necessary to provide a uniform administrative       1,518        

code; to provide standards for use by the director in determining  1,520        

whether to include in the administrative code the full text of,    1,521        

or a reference to, any rule filed with the commission; to permit   1,523        

the director to discharge the director's duties and exercise the   1,524        

director's powers as described in this section; and to permit the               

                                                          36     


                                                                 
director to discharge the director's duties and exercise the       1,526        

director's powers with respect to establishing and maintaining,    1,527        

and enhancing and improving, the electronic rule-filing system     1,528        

under section 103.0511 of the Revised Code.                                     

      When the commission adopts rules to provide standards for    1,530        

use by the director in determining whether to include the full     1,531        

text of, or a reference to, a rule in the administrative code, it  1,532        

shall consider all of the following:                               1,533        

      (1)  Whether the rule applies uniformly to all citizens of   1,535        

the state;                                                         1,536        

      (2)  Whether the rule applies uniformly to all political     1,538        

subdivisions of the state;                                         1,539        

      (3)  Whether the rule affects the health, welfare, and       1,541        

safety of the citizens of the state;                               1,542        

      (4)  Whether the rule applies only to the internal affairs   1,544        

of the agency adopting the rule;                                   1,545        

      (5)  The number of persons affected by the rule;             1,547        

      (6)  Whether the rule affects the statutory or               1,549        

constitutional rights of any person.                               1,550        

      The director or the director's designee shall accept any     1,552        

rule that is filed under section 111.15, 119.04, 4141.14, or       1,554        

5703.14 of the Revised Code.  If the director or the director's    1,555        

designee accepts a rule that is not in compliance with the rules   1,556        

of the commission, the director shall give written notice of the   1,557        

noncompliance IN BOTH PRINT AND ELECTRONIC FORM to the agency      1,558        

that filed the rule within thirty days after the date on which     1,559        

the rule is filed.  The notice shall indicate why the rule does    1,560        

not comply with the rules of the commission and how the rule can   1,561        

be brought into compliance.  The failure of the director to give   1,562        

an agency notice within the thirty-day period shall presumptively  1,563        

establish that the rule complies with the rules of the             1,564        

commission.                                                        1,565        

      (B)  The director shall approve as acceptable any            1,567        

publication of the code conforming to the requirements of this     1,568        

                                                          37     


                                                                 
division.                                                                       

      An Ohio administrative code approved as acceptable by the    1,571        

director shall:                                                                 

      (1)  Contain a compilation of the full text of, or a         1,573        

reference to, each rule filed under sections 111.15, 119.04,       1,574        

4141.14, and 5703.14 of the Revised Code;                          1,575        

      (2)  Presumptively establish the rules of all agencies       1,577        

adopting rules under section 111.15, 4141.14, 5703.14, or Chapter  1,578        

119. of the Revised Code that are in effect on the day of its      1,579        

initial publication;                                               1,580        

      (3)  Contain the full text of, or a reference to, each rule  1,583        

adopted after its initial publication and be updated at least      1,584        

quarterly;                                                                      

      (4)  Contain an index of the rules and references to rules   1,586        

that are included in the code and each supplement using terms      1,587        

easily understood by the general public;                           1,588        

      (5)  Be published in electronic or print format following,   1,591        

to the extent possible, the subject matter arrangement of the      1,593        

Revised Code;                                                      1,594        

      (6)  Be numbered according to the numbering system devised   1,596        

by the director.                                                   1,597        

      (C)  If the director does not approve as acceptable any      1,599        

publication of the administrative code, the director, subject to   1,600        

division (D) of this section, may prepare and publish the code,    1,602        

or contract with any person under this division to prepare and     1,604        

publish the code.  Any code published under this division shall    1,605        

include all of the requirements of division (B) of this section.   1,606        

In addition, the director shall furnish any code or supplement     1,607        

published under this division to any person who requests the code  1,609        

or supplement upon payment of a charge established by the          1,610        

director, not to exceed the cost of preparation and publication.   1,611        

      Upon the request of the director of the legislative service  1,613        

commission under this division, the director of administrative     1,614        

services, in accordance with the competitive selection procedure   1,615        

                                                          38     


                                                                 
of Chapter 125. of the Revised Code, shall let a contract for the  1,616        

compilation, preparation, and printing or publication of the       1,617        

administrative code and supplements.                               1,618        

      (D)  The director shall not prepare and publish the          1,620        

administrative code in a print mode or any other mode under        1,621        

division (B) or (C) of this section unless no other person is      1,622        

willing and qualified to publish a version of the code in that     1,623        

mode that the director has approved as acceptable.                 1,624        

      Sec. 111.15.  (A)  As used in this section:                  1,633        

      (1)  "Rule" includes any rule, regulation, bylaw, or         1,635        

standard having a general and uniform operation adopted by an      1,636        

agency under the authority of the laws governing the agency; any   1,637        

appendix to a rule; and any internal management rule.  "Rule"      1,638        

does not include any guideline adopted pursuant to section         1,639        

3301.0714 of the Revised Code, any order respecting the duties of  1,640        

employees, any finding, any determination of a question of law or  1,641        

fact in a matter presented to an agency, or any rule promulgated   1,642        

pursuant to Chapter 119., section 4141.14, division (C)(1) or (2)  1,643        

of section 5117.02, or section 5703.14 of the Revised Code.        1,644        

"Rule" includes any amendment or rescission of a rule.             1,645        

      (2)  "Agency" means any governmental entity of the state     1,647        

and includes, but is not limited to, any board, department,        1,648        

division, commission, bureau, society, council, institution,       1,649        

state college or university, community college district,           1,650        

technical college district, or state community college.  "Agency"  1,651        

does not include the general assembly, the controlling board, the  1,653        

adjutant general's department, or any court.                       1,654        

      (3)  "Internal management rule" means any rule, regulation,  1,656        

bylaw, or standard governing the day-to-day staff procedures and   1,657        

operations within an agency.                                       1,658        

      (4)  "Substantive revision" has the same meaning as in       1,660        

division (J) of section 119.01 of the Revised Code.                1,661        

      (B)(1)  Any rule, other than a rule of an emergency nature,  1,663        

adopted by any agency pursuant to this section shall be effective  1,664        

                                                          39     


                                                                 
on the tenth day after the day on which the rule in final form     1,665        

and in compliance with division (B)(3) of this section is filed    1,666        

as follows:                                                        1,667        

      (a)  Two certified copies of the THE rule shall be filed IN  1,669        

BOTH PRINT AND ELECTRONIC FORM with both the secretary of state    1,670        

and the director of the legislative service commission;            1,672        

      (b)  Two certified copies of the THE rule shall be filed IN  1,674        

BOTH PRINT AND ELECTRONIC FORM with the joint committee on agency  1,675        

rule review.  Division (B)(1)(b) of this section does not apply    1,677        

to any rule to which division (D) of this section does not apply.  1,678        

      An agency that adopts or amends a rule that is subject to    1,680        

division (D) of this section shall assign a review date to the     1,682        

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       1,683        

assigned to a rule exceeds the five-year maximum, the review date  1,684        

for the rule is five years after its effective date.  A rule with  1,685        

a review date is subject to review under section 119.032 of the    1,686        

Revised Code.  This paragraph does not apply to a rule of a state  1,688        

college or university, community college district, technical                    

college district, or state community college.                      1,689        

      If all copies are not filed FILINGS ARE NOT COMPLETED on     1,691        

the same day, the rule shall be effective on the tenth day after   1,693        

the day on which the latest filing is made COMPLETED.  If an       1,694        

agency in adopting a rule designates an effective date that is     1,696        

later than the effective date provided for by division (B)(1) of   1,697        

this section, the rule if filed as required by such division       1,698        

shall become effective on the later date designated by the         1,699        

agency.                                                                         

      Any rule that is required to be filed under division (B)(1)  1,701        

of this section is also subject to division (D) of this section    1,702        

if not exempted by division (D)(1), (2), (3), (4), (5), (6), (7),  1,704        

or (8) of this section.                                                         

      (2)  A rule of an emergency nature necessary for the         1,706        

immediate preservation of the public peace, health, or safety      1,707        

                                                          40     


                                                                 
shall state the reasons for the necessity.  Copies of the THE      1,708        

emergency rule, in final form and in compliance with division      1,709        

(B)(3) of this section, shall be filed as follows:  two certified  1,710        

copies of the emergency rule shall be filed IN BOTH PRINT AND      1,711        

ELECTRONIC FORM with both the secretary of state and, the          1,713        

director of the legislative service commission, and one certified  1,714        

copy of the emergency rule shall be filed with the joint           1,715        

committee on agency rule review.  The emergency rule is effective  1,716        

immediately upon COMPLETION OF the latest filing, except that if   1,718        

the agency in adopting the emergency rule designates an effective  1,719        

date, or date and time of day, that is later than the effective    1,720        

date and time provided for by division (B)(2) of this section,     1,721        

the emergency rule if filed as required by such division shall     1,722        

become effective at the later date, or later date and time of      1,723        

day, designated by the agency.                                                  

      An emergency rule becomes invalid at the end of the          1,725        

ninetieth day it is in effect.  Prior to that date, the agency     1,726        

may file the emergency rule as a nonemergency rule in compliance   1,727        

with division (B)(1) of this section.  The agency may not refile   1,728        

the emergency rule in compliance with division (B)(2) of this      1,729        

section so that, upon the emergency rule becoming invalid under    1,730        

such division, the emergency rule will continue in effect without  1,731        

interruption for another ninety-day period.                        1,732        

      (3)  An agency shall file a rule under division (B)(1) or    1,734        

(2) of this section in compliance with the following standards     1,735        

and procedures:                                                    1,736        

      (a)  The rule shall be numbered in accordance with the       1,738        

numbering system devised by the director for the Ohio              1,739        

administrative code.                                               1,740        

      (b)  The rule shall be prepared and submitted in compliance  1,742        

with the rules of the legislative service commission.              1,743        

      (c)  The rule shall clearly state the date on which it is    1,745        

to be effective and the date on which it will expire, if known.    1,746        

      (d)  Each rule that amends or rescinds another rule shall    1,748        

                                                          41     


                                                                 
clearly refer to the rule that is amended or rescinded.  Each      1,749        

amendment shall fully restate the rule as amended.                 1,750        

      If the director of the legislative service commission or     1,752        

the director's designee gives an agency written notice pursuant    1,753        

to section 103.05 of the Revised Code that a rule filed by the     1,755        

agency is not in compliance with the rules of the legislative      1,756        

service commission, the agency shall within thirty days after      1,757        

receipt of the notice conform the rule to the rules of the         1,758        

commission as directed in the notice.                              1,759        

      (C)  All rules filed pursuant to divisions (B)(1)(a) and     1,761        

(2) of this section shall be recorded by the secretary of state    1,762        

and the director under the title of the agency adopting the rule   1,763        

and shall be numbered according to the numbering system devised    1,764        

by the director.  The secretary of state and the director shall    1,765        

preserve the rules in an accessible manner.  Each such rule shall  1,766        

be a public record open to public inspection and may be lent       1,767        

TRANSMITTED to any law publishing company that wishes to           1,768        

reproduce it.                                                                   

      (D)  At least sixty-five days before a board, commission,    1,770        

department, division, or bureau of the government of the state     1,771        

files a rule under division (B)(1) of this section, it shall file  1,772        

two copies of the full text of the proposed rule IN BOTH PRINT     1,773        

AND ELECTRONIC FORM with the joint committee on agency rule        1,774        

review, and the proposed rule is subject to legislative review     1,776        

and invalidation under division (I) of section 119.03 of the       1,777        

Revised Code.  If a state board, commission, department,           1,778        

division, or bureau makes a substantive revision in a proposed     1,779        

rule after it is filed with the joint committee, the state board,  1,780        

commission, department, division, or bureau shall promptly file    1,782        

two copies of the full text of the proposed rule in its revised    1,784        

form IN BOTH PRINT AND ELECTRONIC FORM with the joint committee.   1,785        

The latest version of a proposed rule as filed with the joint      1,786        

committee supersedes each earlier version of the text of the same  1,788        

proposed rule.  Except as provided in division (F) of this         1,789        

                                                          42     


                                                                 
section, a state board, commission, department, division, or       1,790        

bureau shall attach one copy of ALSO FILE the rule summary and     1,791        

fiscal analysis prepared under section 121.24 or 127.18 of the     1,793        

Revised Code, or both, to each copy of IN BOTH PRINT AND           1,794        

ELECTRONIC FORM ALONG WITH a proposed rule, and to each copy of    1,796        

ALONG WITH a proposed rule in revised form, that is filed under    1,797        

this division.                                                                  

      As used in this division, "commission" includes the public   1,799        

utilities commission when adopting rules under a federal or state  1,800        

statute.                                                                        

      This division does not apply to any of the following:        1,802        

      (1)  A proposed rule of an emergency nature;                 1,804        

      (2)  A rule proposed under section 1121.05, 1121.06,         1,806        

1155.18, 1733.412, 4123.29, 4123.34, 4123.341, 4123.342, 4123.40,  1,807        

4123.411, 4123.44, or 4123.442 of the Revised Code;                1,809        

      (3)  A rule proposed by an agency other than a board,        1,811        

commission, department, division, or bureau of the government of   1,812        

the state;                                                         1,813        

      (4)  A proposed internal management rule of a board,         1,815        

commission, department, division, or bureau of the government of   1,816        

the state;                                                         1,817        

      (5)  Any proposed rule that must be adopted verbatim by an   1,819        

agency pursuant to federal law or rule, to become effective        1,820        

within sixty days of adoption, in order to continue the operation  1,821        

of a federally reimbursed program in this state, so long as the    1,822        

proposed rule contains both of the following:                      1,823        

      (a)  A statement that it is proposed for the purpose of      1,825        

complying with a federal law or rule;                              1,826        

      (b)  A citation to the federal law or rule that requires     1,828        

verbatim compliance.                                               1,829        

      (6)  An initial rule proposed by the director of health to   1,831        

impose safety standards, quality-of-care standards, and            1,832        

quality-of-care data reporting requirements with respect to a      1,833        

health service specified in section 3702.11 of the Revised Code,   1,834        

                                                          43     


                                                                 
or an initial rule proposed by the director to impose quality      1,836        

standards on a facility listed in division (A)(4) of section                    

3702.30 of the Revised Code, if section 3702.12 of the Revised     1,837        

Code requires that the rule be adopted under this section;         1,838        

      (7)  A rule of the state lottery commission pertaining to    1,840        

instant game rules.                                                1,841        

      If a rule is exempt from legislative review under division   1,843        

(D)(5) of this section, and if the federal law or rule pursuant    1,844        

to which the rule was adopted expires, is repealed or rescinded,   1,845        

or otherwise terminates, the rule is thereafter subject to         1,846        

legislative review under division (D) of this section.             1,847        

      (E)  Whenever a state board, commission, department,         1,849        

division, or bureau files a proposed rule or a proposed rule in    1,850        

revised form under division (D) of this section, it shall also     1,851        

file one copy of the full text of the same proposed rule or        1,852        

proposed rule in revised form IN BOTH PRINT AND ELECTRONIC FORM    1,853        

with the secretary of state and two copies thereof with the        1,854        

director of the legislative service commission.  Except as         1,856        

provided in division (F) of this section, a state board,           1,857        

commission, department, division, or bureau shall attach a copy    1,858        

of FILE the rule summary and fiscal analysis prepared under        1,860        

section 121.24 or 127.18 of the Revised Code, or both, to each     1,861        

copy of IN BOTH PRINT AND ELECTRONIC FORM ALONG WITH a proposed    1,862        

rule or proposed rule in revised form that is filed with the       1,864        

secretary of state or the director of the legislative service      1,865        

commission.                                                                     

      (F)  Except as otherwise provided in this division, the      1,867        

auditor of state or the auditor of state's designee is not         1,868        

required to attach FILE a rule summary and fiscal analysis to any  1,870        

copy of ALONG WITH a proposed rule, or proposed rule in revised    1,872        

form, that the auditor of state proposes under section 117.12,     1,874        

117.19, 117.38, or 117.43 of the Revised Code and files under      1,875        

division (D) or (E) of this section.  If, however, the auditor of  1,876        

state or the designee prepares a rule summary and fiscal analysis  1,877        

                                                          44     


                                                                 
of the original version of such a proposed rule for purposes of    1,878        

complying with section 121.24 of the Revised Code, the auditor of  1,879        

state or designee shall attach a copy of FILE the rule summary     1,880        

and fiscal analysis to each copy of IN BOTH PRINT AND ELECTRONIC   1,881        

FORM ALONG WITH the original version of the proposed rule filed    1,882        

under division (D) or (E) of this section.                         1,883        

      Sec. 117.20.  (A)  In adopting rules pursuant to Chapter     1,893        

117. of the Revised Code, the auditor of state or the auditor of   1,894        

state's designee shall do both of the following:                   1,895        

      (1)  Before adopting any such rule, except a rule of an      1,897        

emergency nature, do each of the following:                        1,898        

      (a)  At least thirty-five days before any public hearing on  1,900        

the proposed rule-making action, mail notice of the hearing to     1,901        

each public office and to each statewide organization that the     1,902        

auditor of state or designee determines will be affected or        1,904        

represents persons who will be affected by the proposed            1,905        

rule-making action;                                                             

      (b)  Mail a copy of the proposed rule to any person or       1,907        

organization that requests a copy within five days after receipt   1,908        

of the request;                                                    1,909        

      (c)  Consult with appropriate state and local government     1,911        

agencies, or with persons representative of their interests,       1,912        

including statewide organizations of local government officials,   1,913        

and consult with accounting professionals and other interested     1,914        

persons;                                                           1,915        

      (d)  Conduct, on the date and at the time and place          1,917        

designated in the notice, a public hearing at which any person     1,918        

affected by the proposed rule, including statewide organizations   1,919        

of local government officials, may appear and be heard in person,  1,920        

by attorney, or both, and may present the person's or              1,921        

organization's position or contentions orally or in writing.       1,923        

      (2)  Except as otherwise provided in division (A)(2) of      1,925        

this section, comply with divisions (B) to (E) of section 111.15   1,926        

of the Revised Code.  The auditor of state is not required to      1,927        

                                                          45     


                                                                 
attach FILE a rule summary and fiscal analysis to ALONG WITH any   1,929        

copy of a proposed rule, or proposed rule in revised form, that    1,930        

is filed with the joint committee on agency rule review, the       1,931        

secretary of state, or the director of the legislative service     1,932        

commission under division (D) or (E) of section 111.15 of the      1,933        

Revised Code; however, if the auditor of state or the auditor of   1,934        

state's designee prepares a rule summary and fiscal analysis of    1,936        

the original version of a proposed rule for purposes of complying  1,937        

with section 121.24 of the Revised Code, the auditor of state or   1,938        

designee shall attach FILE a copy of the rule summary and fiscal   1,940        

analysis to each copy of IN BOTH PRINT AND ELECTRONIC FORM ALONG   1,941        

WITH the original version of the proposed rule filed under         1,943        

division (D) or (E) of section 111.15 of the Revised Code.                      

      (B)  The auditor of state shall diligently discharge the     1,945        

duties imposed by divisions (A)(1)(a), (b), and (c) of this        1,946        

section, but failure to mail any notice or copy of a proposed      1,947        

rule, or to consult with any person or organization, shall not     1,948        

invalidate any rule.                                               1,949        

      (C)  Notwithstanding any contrary provision of the Revised   1,951        

Code, the auditor of state may prepare and disseminate, to public  1,952        

offices and other interested persons and organizations, advisory   1,953        

bulletins, directives, and instructions relating to accounting     1,954        

and financial reporting systems, budgeting procedures, fiscal      1,955        

controls, and the constructions by the auditor of state of         1,956        

constitutional and statutory provisions, court decisions, and      1,957        

opinions of the attorney general.  The bulletins, directives, and  1,958        

instructions shall be of an advisory nature only.                  1,959        

      (D)  As used in this section, "rule" includes the adoption,  1,961        

amendment, or rescission of a rule.                                1,962        

      Sec. 119.03.  In the adoption, amendment, or rescission of   1,964        

any rule, an agency shall comply with the following procedure:     1,965        

      (A)  Reasonable public notice shall be given in the          1,967        

register of Ohio at least thirty days prior to the date set for a  1,969        

hearing, in the form the agency determines.  The agency shall      1,970        

                                                          46     


                                                                 
file copies of the public notice under division (B) of this        1,971        

section.  (The agency gives public notice in the register of Ohio  1,972        

when the public notice is published in the register under that     1,973        

division.)                                                                      

      The public notice shall include:                             1,976        

      (1)  A statement of the agency's intention to consider       1,978        

adopting, amending, or rescinding a rule;                          1,979        

      (2)  A synopsis of the proposed rule, amendment, or rule to  1,981        

be rescinded or a general statement of the subject matter to       1,982        

which the proposed rule, amendment, or rescission relates;         1,983        

      (3)  A statement of the reason or purpose for adopting,      1,985        

amending, or rescinding the rule;                                  1,986        

      (4)  The date, time, and place of a hearing on the proposed  1,988        

action, which shall be not earlier than the thirty-first nor       1,990        

later than the fortieth day after the proposed rule, amendment,    1,992        

or rescission is filed under division (B) of this section.         1,993        

      In addition to public notice given in the register of Ohio,  1,996        

the agency may give whatever other notice it reasonably considers  1,998        

necessary to ensure notice constructively is given to all persons  1,999        

who are subject to or affected by the proposed rule, amendment,    2,000        

or rescission.                                                                  

      The agency shall provide a copy of the public notice         2,003        

required under division (A) of this section to any person who      2,004        

requests it and pays a reasonable fee, not to exceed the cost of   2,005        

copying and mailing.                                               2,006        

      (B)  One copy of the THE full text of the proposed rule,     2,008        

amendment, or rule to be rescinded, accompanied by one copy of     2,009        

the public notice required under division (A) of this section,     2,010        

shall be filed IN BOTH PRINT AND ELECTRONIC FORM with the          2,011        

secretary of state.  Two copies of the full text of the proposed   2,013        

rule, amendment, or rule to be rescinded, accompanied by two       2,014        

copies of the public notice required under division (A) of this    2,015        

section, shall be filed AND with the director of the legislative   2,016        

service commission.  (If in compliance with this division an       2,017        

                                                          47     


                                                                 
agency files more than one proposed rule, amendment, or            2,018        

rescission at the same time, and has prepared a public notice      2,019        

under division (A) of this section that applies to more than one   2,020        

of the proposed rules, amendments, or rescissions, the agency      2,021        

shall file only one copy of the notice with the secretary of       2,022        

state and only two copies of the notice with the director for all  2,023        

of the proposed rules, amendments, or rescissions to which the     2,024        

notice applies.)  The proposed rule, amendment, or rescission and  2,025        

public notice shall be filed as required by this division at       2,026        

least sixty-five days prior to the date on which the agency, in    2,027        

accordance with division (D) of this section, issues an order      2,028        

adopting the proposed rule, amendment, or rescission.              2,029        

      The proposed rule, amendment, or rescission shall be         2,032        

available for at least thirty days prior to the date of the                     

hearing at the office of the agency in printed or other legible    2,033        

form without charge to any person affected by the proposal.        2,034        

Failure to furnish such text to any person requesting it shall     2,035        

not invalidate any action of the agency in connection therewith.   2,036        

      If the agency files a substantive revision in the text of    2,038        

the proposed rule, amendment, or rescission under division (H) of  2,039        

this section, it shall also promptly file one copy of the full     2,040        

text of the proposed rule, amendment, or rescission in its         2,041        

revised form IN BOTH PRINT AND ELECTRONIC FORM with the secretary  2,042        

of state and two copies thereof with the director of the           2,043        

legislative service commission.                                    2,044        

      The agency shall attach a copy of FILE the rule summary and  2,047        

fiscal analysis prepared under section 121.24 or 127.18 of the     2,048        

Revised Code, or both, to each copy of IN BOTH PRINT AND           2,049        

ELECTRONIC FORM ALONG WITH a proposed rule, amendment, or          2,050        

rescission or proposed rule, amendment, or rescission in revised   2,052        

form that is filed with the secretary of state or the director of  2,053        

the legislative service commission.                                             

      The director of the legislative service commission shall     2,055        

publish in the register of Ohio the full text of the original and  2,057        

                                                          48     


                                                                 
each revised version of a proposed rule, amendment, or             2,058        

rescission; the full text of a public notice; and the full text    2,060        

of a rule summary and fiscal analysis that is filed with the       2,061        

director under this division.                                                   

      (C)  On the date and at the time and place designated in     2,063        

the notice, the agency shall conduct a public hearing at which     2,064        

any person affected by the proposed action of the agency may       2,065        

appear and be heard in person, by the person's attorney, or both,  2,067        

may present the person's position, arguments, or contentions,      2,068        

orally or in writing, offer and examine witnesses, and present     2,070        

evidence tending to show that the proposed rule, amendment, or     2,071        

rescission, if adopted or effectuated, will be unreasonable or     2,072        

unlawful.  An agency may permit persons affected by the proposed   2,073        

rule, amendment, or rescission to present their positions,         2,074        

arguments, or contentions in writing, not only at the hearing,     2,075        

but also for a reasonable period before, after, or both before     2,076        

and after the hearing.  A person who presents a position or        2,077        

arguments or contentions in writing before or after the hearing    2,078        

is not required to appear at the hearing.                          2,079        

      At the hearing, the testimony shall be recorded.  Such       2,081        

record shall be made at the expense of the agency.  The agency is  2,084        

required to transcribe a record that is not sight readable only    2,085        

if a person requests transcription of all or part of the record    2,086        

and agrees to reimburse the agency for the costs of the            2,087        

transcription.  An agency may require the person to pay in         2,088        

advance all or part of the cost of the transcription.              2,089        

      In any hearing under this section the agency may administer  2,091        

oaths or affirmations.                                             2,092        

      (D)  After complying with divisions (A), (B), (C), and (H)   2,094        

of this section, and when the time for legislative review and      2,095        

invalidation under division (I) of this section has expired, the   2,096        

agency may issue an order adopting the proposed rule or the        2,097        

proposed amendment or rescission of the rule, consistent with the  2,098        

synopsis or general statement included in the public notice.  At   2,099        

                                                          49     


                                                                 
that time the agency shall designate the effective date of the     2,100        

rule, amendment, or rescission, which shall not be earlier than    2,101        

the tenth day after the rule, amendment, or rescission has been    2,102        

filed in its final form as provided in section 119.04 of the       2,103        

Revised Code.                                                      2,104        

      (E)  Prior to the effective date of a rule, amendment, or    2,106        

rescission, the agency shall make a reasonable effort to inform    2,107        

those affected by the rule, amendment, or rescission and to have   2,108        

available for distribution to those requesting it the full text    2,109        

of the rule as adopted or as amended.                              2,110        

      (F)  If the governor, upon the request of an agency,         2,112        

determines that an emergency requires the immediate adoption,      2,113        

amendment, or rescission of a rule, the governor shall issue a     2,115        

written AN order, a copy THE TEXT of which shall be filed IN BOTH  2,116        

PRINT AND ELECTRONIC FORM with the AGENCY, THE secretary of        2,117        

state, the director of the legislative service commission, and     2,118        

the joint committee on agency rule review, that the procedure      2,119        

prescribed by this section with respect to the adoption,           2,120        

amendment, or rescission of a specified rule is suspended.  The    2,121        

agency may then adopt immediately the emergency rule, amendment,   2,122        

or rescission and it becomes effective on the date copies of the   2,123        

rule, amendment, or rescission, in final form and in compliance    2,124        

with division (A)(2) of section 119.04 of the Revised Code, are    2,125        

filed as follows:  two certified copies of the emergency rule,     2,126        

amendment, or rescission shall be filed IN BOTH PRINT AND          2,127        

ELECTRONIC FORM with both the secretary of state and, the          2,129        

director of the legislative service commission, and one certified  2,131        

copy of the emergency rule, amendment, or rescission shall be      2,132        

filed with the joint committee on agency rule review.  If all      2,133        

copies are not filed FILINGS ARE NOT COMPLETED on the same day,    2,134        

the emergency rule, amendment, or rescission shall be effective    2,135        

on the day on which the latest filing is made COMPLETED.   The     2,136        

director shall publish the full text of the emergency rule,        2,138        

amendment, or rescission in the register of Ohio.                  2,139        

                                                          50     


                                                                 
      The emergency rule, amendment, or rescission shall become    2,142        

invalid at the end of the ninetieth day it is in effect.  Prior    2,143        

to that date the agency may adopt the emergency rule, amendment,   2,144        

or rescission as a nonemergency rule, amendment, or rescission by  2,145        

complying with the procedure prescribed by this section for the    2,146        

adoption, amendment, and rescission of nonemergency rules.  The    2,147        

agency shall not use the procedure of this division to readopt     2,148        

the emergency rule, amendment, or rescission so that, upon the     2,149        

emergency rule, amendment, or rescission becoming invalid under    2,150        

this division, the emergency rule, amendment, or rescission will   2,151        

continue in effect without interruption for another ninety-day     2,152        

period.                                                                         

      This division does not apply to the adoption of any          2,154        

emergency rule, amendment, or rescission by the tax commissioner   2,155        

under division (C)(2) of section 5117.02 of the Revised Code.      2,156        

      (G)  Rules adopted by an authority within the department of  2,158        

taxation or the bureau of employment services shall be effective   2,159        

without a hearing as provided by this section if the statutes      2,160        

pertaining to such agency specifically give a right of appeal to   2,161        

the board of tax appeals or to a higher authority within the       2,162        

agency or to a court, and also give the appellant a right to a     2,163        

hearing on such appeal.  This division does not apply to the       2,164        

adoption of any rule, amendment, or rescission by the tax          2,165        

commissioner under division (C)(1) or (2) of section 5117.02 of    2,166        

the Revised Code, or deny the right to file an action for          2,167        

declaratory judgment as provided in Chapter 2721. of the Revised   2,168        

Code from the decision of the board of tax appeals or of the       2,169        

higher authority within such agency.                               2,170        

      (H)  When any agency files a proposed rule, amendment, or    2,172        

rescission under division (B) of this section, it shall also file  2,173        

IN BOTH PRINT AND ELECTRONIC FORM with the joint committee on      2,174        

agency rule review two copies of the full text of the proposed     2,175        

rule, amendment, or rule to be rescinded in the same form and two  2,177        

copies of the public notice required under division (A) of this    2,178        

                                                          51     


                                                                 
section.  (If in compliance with this division an agency files     2,179        

more than one proposed rule, amendment, or rescission at the same  2,180        

time, and has given a public notice under division (A) of this     2,181        

section that applies to more than one of the proposed rules,       2,182        

amendments, or rescissions, the agency shall file only two copies  2,183        

of the ONE notice with the joint committee for all of the          2,185        

proposed rules, amendments, or rescissions to which the notice     2,186        

applies.)  If the agency makes a substantive revision in a         2,187        

proposed rule, amendment, or rescission after it is filed with     2,188        

the joint committee, the agency shall promptly file two copies of  2,189        

the full text of the proposed rule, amendment, or rescission in    2,190        

its revised form IN BOTH PRINT AND ELECTRONIC FORM with the joint  2,191        

committee.  The latest version of a proposed rule, amendment, or   2,192        

rescission as filed with the joint committee supersedes each       2,193        

earlier version of the text of the same proposed rule, amendment,  2,194        

or rescission.  An agency shall attach one copy of FILE the rule   2,195        

summary and fiscal analysis prepared under section 121.24 or       2,196        

127.18 of the Revised Code, or both, to each copy of IN BOTH       2,197        

PRINT AND ELECTRONIC FORM ALONG WITH a proposed rule, amendment,   2,198        

or rescission, and to each copy of ALONG WITH a proposed rule,     2,200        

amendment, or rescission in revised form, that is filed under      2,201        

this division.                                                                  

      This division does not apply to:                             2,203        

      (1)  An emergency rule, amendment, or rescission;            2,205        

      (2)  Any proposed rule, amendment, or rescission that must   2,207        

be adopted verbatim by an agency pursuant to federal law or rule,  2,208        

to become effective within sixty days of adoption, in order to     2,209        

continue the operation of a federally reimbursed program in this   2,210        

state, so long as the proposed rule contains both of the           2,211        

following:                                                         2,212        

      (a)  A statement that it is proposed for the purpose of      2,214        

complying with a federal law or rule;                              2,215        

      (b)  A citation to the federal law or rule that requires     2,217        

verbatim compliance.                                               2,218        

                                                          52     


                                                                 
      If a rule or amendment is exempt from legislative review     2,220        

under division (H)(2) of this section, and if the federal law or   2,221        

rule pursuant to which the rule or amendment was adopted expires,  2,222        

is repealed or rescinded, or otherwise terminates, the rule or     2,223        

amendment, or its rescission, is thereafter subject to             2,224        

legislative review under division (H) of this section.             2,225        

      (I)(1)  The joint committee on agency rule review may        2,227        

recommend the adoption of a concurrent resolution invalidating a   2,228        

proposed rule, amendment, rescission, or part thereof if it finds  2,229        

any of the following:                                              2,230        

      (a)  That the rule-making agency has exceeded the scope of   2,232        

its statutory authority in proposing the rule, amendment, or       2,233        

rescission;                                                        2,234        

      (b)  That the proposed rule, amendment, or rescission        2,236        

conflicts with another rule, amendment, or rescission adopted by   2,237        

the same or a different rule-making agency;                        2,238        

      (c)  That the proposed rule, amendment, or rescission        2,240        

conflicts with the legislative intent in enacting the statute      2,241        

under which the rule-making agency proposed the rule, amendment,   2,242        

or rescission;                                                     2,243        

      (d)  That the rule-making agency has failed to prepare a     2,245        

complete and accurate rule summary and fiscal analysis of the      2,246        

proposed rule, amendment, or rescission as required by section     2,247        

121.24 or 127.18 of the Revised Code, or both.                     2,248        

      The joint committee shall not hold its public hearing on a   2,250        

proposed rule, amendment, or rescission earlier than the           2,251        

forty-first day after the original version of the proposed rule,   2,252        

amendment, or rescission was filed with the joint committee.       2,253        

      The house of representatives and senate may adopt a          2,255        

concurrent resolution invalidating a proposed rule, amendment,     2,256        

rescission, or part thereof.  The concurrent resolution shall      2,257        

state which of the specific rules, amendments, rescissions, or     2,258        

parts thereof are invalidated.  A concurrent resolution            2,259        

invalidating a proposed rule, amendment, or rescission shall be    2,260        

                                                          53     


                                                                 
adopted not later than the sixty-fifth day after the original      2,262        

version of the text of the proposed rule, amendment, or            2,263        

rescission is filed with the joint committee, except that if more  2,264        

than thirty-five days after the original version is filed the      2,265        

rule-making agency either files a revised version of the text of   2,266        

the proposed rule, amendment, or rescission, or revises the rule   2,267        

summary and fiscal analysis in accordance with division (I)(4) of  2,268        

this section, a concurrent resolution invalidating the proposed    2,269        

rule, amendment, or rescission shall be adopted not later than     2,270        

the thirtieth day after the revised version of the proposed rule   2,272        

or rule summary and fiscal analysis is filed.  If, after the       2,273        

joint committee on agency rule review recommends the adoption of   2,274        

a concurrent resolution invalidating a proposed rule, amendment,   2,275        

rescission, or part thereof, the house of representatives or       2,276        

senate does not, within the time remaining for adoption of the     2,277        

concurrent resolution, hold five floor sessions at which its       2,278        

journal records a roll call vote disclosing a sufficient number    2,279        

of members in attendance to pass a bill, the time within which     2,280        

that house may adopt the concurrent resolution is extended until   2,281        

it has held five such floor sessions.                              2,282        

      Within five days after the adoption of a concurrent          2,284        

resolution invalidating a proposed rule, amendment, rescission,    2,285        

or part thereof, the clerk of the senate shall send the            2,286        

rule-making agency, the secretary of state, and the director of    2,287        

the legislative service commission a IN BOTH PRINT AND ELECTRONIC  2,288        

FORM A certified copy TEXT of the resolution together with a       2,290        

certification stating the date on which the resolution takes       2,291        

effect.  The secretary of state and the director of the            2,292        

legislative service commission shall each note the invalidity of   2,293        

the proposed rule, amendment, rescission, or part thereof on       2,294        

their copies, and shall each remove the invalid proposed rule,     2,296        

amendment, rescission, or part thereof from the file of proposed   2,297        

rules.  The rule-making agency shall not proceed to adopt in       2,298        

accordance with division (D) of this section, or to file in        2,299        

                                                          54     


                                                                 
accordance with division (B)(1) of section 111.15 of the Revised   2,300        

Code, any version of a proposed rule, amendment, rescission, or    2,301        

part thereof that has been invalidated by concurrent resolution.   2,302        

      Unless the house of representatives and senate adopt a       2,304        

concurrent resolution invalidating a proposed rule, amendment,     2,305        

rescission, or part thereof within the time specified by this      2,306        

division, the rule-making agency may proceed to adopt in           2,307        

accordance with division (D) of this section, or to file in        2,308        

accordance with division (B)(1) of section 111.15 of the Revised   2,309        

Code, the latest version of the proposed rule, amendment, or       2,310        

rescission as filed with the joint committee.  If by concurrent    2,311        

resolution certain of the rules, amendments, rescissions, or       2,312        

parts thereof are specifically invalidated, the rule-making        2,313        

agency may proceed to adopt, in accordance with division (D) of    2,314        

this section, or to file in accordance with division (B)(1) of     2,315        

section 111.15 of the Revised Code, the latest version of the      2,316        

proposed rules, amendments, rescissions, or parts thereof as       2,317        

filed with the joint committee that are not specifically           2,318        

invalidated.  The rule-making agency may not revise or amend any   2,319        

proposed rule, amendment, rescission, or part thereof that has     2,320        

not been invalidated except as provided in this chapter or in      2,321        

section 111.15 of the Revised Code.                                2,322        

      (2)(a)  A proposed rule, amendment, or rescission that is    2,324        

filed with the joint committee under division (H) of this section  2,325        

or division (D) of section 111.15 of the Revised Code shall be     2,326        

carried over for legislative review to the next succeeding         2,327        

regular session of the general assembly if the original or any     2,328        

revised version of the proposed rule, amendment, or rescission is  2,329        

filed with the joint committee on or after the first day of        2,330        

December of any year.                                              2,331        

      (b)  The latest version of any proposed rule, amendment, or  2,333        

rescission that is subject to division (I)(2)(a) of this section,  2,334        

as filed with the joint committee, is subject to legislative       2,335        

review and invalidation in the next succeeding regular session of  2,336        

                                                          55     


                                                                 
the general assembly in the same manner as if it were the          2,337        

original version of a proposed rule, amendment, or rescission      2,338        

that had been filed with the joint committee for the first time    2,339        

on the first day of the session.  A rule-making agency shall not   2,340        

adopt in accordance with division (D) of this section, or file in  2,341        

accordance with division (B)(1) of section 111.15 of the Revised   2,342        

Code, any version of a proposed rule, amendment, or rescission     2,343        

that is subject to division (I)(2)(a) of this section until the    2,344        

time for legislative review and invalidation, as contemplated by   2,345        

division (I)(2)(b) of this section, has expired.                   2,346        

      (3)  Invalidation of any version of a proposed rule,         2,348        

amendment, rescission, or part thereof by concurrent resolution    2,349        

shall prevent the rule-making agency from instituting or           2,350        

continuing proceedings to adopt any version of the same proposed   2,351        

rule, amendment, rescission, or part thereof for the duration of   2,352        

the general assembly that invalidated the proposed rule,           2,353        

amendment, rescission, or part thereof unless the same general     2,354        

assembly adopts a concurrent resolution permitting the             2,355        

rule-making agency to institute or continue such proceedings.      2,356        

      The failure of the general assembly to invalidate a          2,358        

proposed rule, amendment, rescission, or part thereof under this   2,359        

section shall not be construed as a ratification of the            2,360        

lawfulness or reasonableness of the proposed rule, amendment,      2,361        

rescission, or any part thereof or of the validity of the          2,362        

procedure by which the proposed rule, amendment, rescission, or    2,363        

any part thereof was proposed or adopted.                          2,364        

      (4)  In lieu of recommending a concurrent resolution to      2,366        

invalidate a proposed rule, amendment, rescission, or part         2,367        

thereof because the rule-making agency has failed to prepare a     2,368        

complete and accurate fiscal analysis, the joint committee on      2,369        

agency rule review may issue, on a one-time basis, for rules,      2,370        

amendments, rescissions, or parts thereof that have a fiscal       2,371        

effect on school districts, counties, townships, or municipal      2,372        

corporations, a written finding that the rule summary and fiscal   2,373        

                                                          56     


                                                                 
analysis is incomplete or inaccurate and order the rule-making     2,374        

agency to revise the rule summary and fiscal analysis and refile   2,375        

it with the proposed rule, amendment, rescission, or part          2,376        

thereof.  If an emergency rule is filed as a nonemergency rule     2,377        

before the end of the ninetieth day of the emergency rule's        2,378        

effectiveness, and the joint committee issues a finding and        2,379        

orders the rule-making agency to refile under division (I)(4) of   2,380        

this section, the governor may also issue a written AN order       2,381        

stating that the emergency rule shall remain in effect for an      2,383        

additional sixty days after the ninetieth day of the emergency     2,384        

rule's effectiveness.  Copies of the THE governor's written        2,385        

orders shall be filed in accordance with division (F) of this      2,387        

section.  The joint committee shall send IN BOTH PRINT AND         2,388        

ELECTRONIC FORM TO the rule-making agency, the secretary of        2,389        

state, and the director of the legislative service commission a    2,390        

certified copy TEXT of the FINDING AND order to revise the rule    2,392        

summary and fiscal analysis, which shall take immediate effect.    2,393        

      A written AN order issued under division (I)(4) of this      2,395        

section shall prevent the rule-making agency from instituting or   2,396        

continuing proceedings to adopt any version of the proposed rule,  2,397        

amendment, rescission, or part thereof until the rule-making       2,398        

agency revises the rule summary and fiscal analysis and refiles    2,399        

it IN BOTH PRINT AND ELECTRONIC FORM with the joint committee      2,400        

along with the proposed rule, amendment, rescission, or part       2,402        

thereof.  If the joint committee finds the rule summary and        2,403        

fiscal analysis to be complete and accurate, the joint committee   2,404        

shall issue a new written order noting that the rule-making        2,405        

agency has revised and refiled a complete and accurate rule        2,406        

summary and fiscal analysis.  The joint committee shall send IN    2,407        

BOTH PRINT AND ELECTRONIC FORM TO the rule-making agency, the      2,408        

secretary of state, and the director of the legislative service    2,409        

commission a certified copy TEXT of this new order.  The           2,410        

secretary of state and the director of the legislative service     2,412        

commission shall each attach AND LINK this order to their copies   2,413        

                                                          57     


                                                                 
of the proposed rule, amendment, rescission, or part thereof.      2,414        

The rule-making agency may then proceed to adopt in accordance     2,415        

with division (D) of this section, or to file in accordance with   2,416        

division (B)(1) of section 111.15 of the Revised Code, the         2,417        

proposed rule, amendment, rescission, or part thereof that was     2,418        

subject to the written finding and order under division (I)(4) of  2,419        

this section.  If the joint committee determines that the revised  2,420        

rule summary and fiscal analysis is still inaccurate or            2,421        

incomplete, the joint committee shall recommend the adoption of a  2,422        

concurrent resolution in accordance with division (I)(1) of this   2,423        

section.                                                                        

      Sec. 119.031.  (A)  The chairman CHAIRPERSON of the joint    2,432        

committee on agency rule review shall compare each rule,           2,434        

amendment, or rescission as filed in final form with the latest    2,435        

version of the same rule, amendment, or rescission as filed in     2,436        

proposed form.                                                                  

      (B)  If, upon making the comparison required by division     2,438        

(A) of this section, the chairman CHAIRPERSON of the joint         2,439        

committee on agency rule review finds that the rule-making agency  2,441        

has made a substantive revision in the rule, amendment, or         2,442        

rescission between the time it filed the latest version of the     2,443        

rule, amendment, or rescission in proposed form and the time it    2,444        

filed the rule, amendment, or rescission in final form, he THE     2,445        

CHAIRPERSON shall promptly notify the rule-making agency, the      2,447        

secretary of state, and the director of the legislative service    2,448        

commission in writing BOTH PRINT AND ELECTRONIC FORM of his THAT   2,449        

finding.                                                                        

      (C)  The joint committee on agency rule review shall review  2,451        

any rule, amendment, or rescission as filed in final form if,      2,452        

under division (B) of this section, it is found to contain a       2,453        

substantive revision.  The joint committee may do either or both   2,454        

of the following:                                                  2,455        

      (1)  If the joint committee makes any of the findings        2,457        

stated in division (I)(1)(a), (b), or (c) of section 119.03 of     2,458        

                                                          58     


                                                                 
the Revised Code, it may suspend the rule, amendment, rescission,  2,459        

or any part thereof.  The suspension shall remain in effect until  2,460        

the time for legislative review and invalidation has expired       2,461        

under division (D) of this section, or until the general assembly  2,462        

adopts a concurrent resolution invalidating the rule, amendment,   2,463        

rescission, or any part thereof, whichever occurs first.  The      2,464        

chairman CHAIRPERSON of the joint committee shall promptly notify  2,466        

the rule-making agency, the secretary of state, and the director   2,467        

of the legislative service commission in writing BOTH PRINT AND    2,468        

ELECTRONIC FORM of the suspension.                                 2,469        

      (2)  The joint committee may recommend the adoption of a     2,471        

concurrent resolution invalidating the rule, amendment,            2,472        

rescission, or any part thereof if it makes any of the findings    2,473        

stated in division (I)(1)(a), (b), or (c) of section 119.03 of     2,474        

the Revised Code.                                                  2,475        

      (D)  A rule, amendment, or rescission that, under division   2,477        

(B) of this section, is found to contain a substantive revision    2,478        

shall nevertheless become effective pursuant to division (B)(1)    2,479        

of section 111.15, division (A)(1) of section 119.04, division     2,480        

(B)(1) of section 4141.14, or division (A) of section 5703.14 of   2,481        

the Revised Code and remain in effect as filed in final form       2,482        

unless:                                                            2,483        

      (1)  Under division (C)(1) of this section, the joint        2,485        

committee suspends the rule, amendment, rescission, or any part    2,486        

thereof; or                                                        2,487        

      (2)  Prior to the sixtieth day after the rule, amendment,    2,489        

or rescission was filed in final form, the house of                2,490        

representatives and senate adopt a concurrent resolution           2,491        

invalidating the rule, amendment, rescission, or any part          2,492        

thereof.  If, after the joint committee on agency rule review      2,493        

recommends the adoption of a concurrent resolution invalidating    2,494        

the rule, amendment, rescission, or part thereof, the house of     2,495        

representatives or senate does not, within the time remaining for  2,496        

adoption of the concurrent resolution, hold five floor sessions    2,497        

                                                          59     


                                                                 
at which its journal records a roll call vote disclosing a         2,498        

sufficient number of members in attendance to pass a bill, the     2,499        

time within which that house may adopt the concurrent resolution   2,500        

is extended until it has held five such floor sessions.            2,501        

      Upon the adoption of such a concurrent resolution, the       2,503        

clerk of the senate shall, within five days thereafter, send the   2,504        

rule-making agency, the secretary of state, and the director of    2,505        

the legislative service commission, IN BOTH PRINT AND ELECTRONIC   2,506        

FORM, a certified copy of the resolution together with a           2,508        

certification stating the date on which the resolution takes       2,509        

effect.  The secretary of state and the director shall each note   2,510        

the invalidity of the rule, amendment, rescission, or part         2,511        

thereof on his copy, and shall remove the invalid rule,            2,513        

amendment, rescission, or part thereof from the file of current    2,514        

rules.  The director shall also indicate in the Ohio               2,515        

administrative code that the rule, amendment, rescission, or part  2,516        

thereof is invalid and the date of invalidation.  The rule-making  2,517        

agency shall make appropriate adjustments to reflect the           2,518        

invalidity of the rule, amendment, rescission, or part thereof.    2,519        

      (E)  Invalidation of a rule, amendment, rescission, or part  2,521        

thereof under this section shall prevent the rule-making agency    2,522        

from instituting proceedings to readopt any version of the same    2,523        

rule, amendment, rescission, or part thereof for the duration of   2,524        

the general assembly that invalidated the rule, amendment,         2,525        

rescission, or part thereof unless the same general assembly       2,526        

adopts a concurrent resolution permitting the rule-making agency   2,527        

to institute such proceedings.                                     2,528        

      (F)  The failure of the general assembly to invalidate a     2,530        

rule, amendment, rescission, or part thereof under this section    2,531        

shall not be construed as a ratification of the lawfulness or      2,532        

reasonableness of the rule, amendment, rescission, or any part     2,533        

thereof or of the validity of the procedure by which the rule,     2,534        

amendment, rescission, or any part thereof was adopted.            2,535        

      (G)  As used in this section, a rule, amendment, or          2,537        

                                                          60     


                                                                 
rescission is filed:                                               2,538        

      (1)  "In proposed form" when it is filed in such form with   2,540        

the joint committee under division (D) of section 111.15 or        2,541        

division (H) of section 119.03 of the Revised Code;                2,542        

      (2)  "In final form" when it is filed in such form with the  2,544        

joint committee under division (B)(1)(b) of section 111.15,        2,545        

division (A)(1)(b) of section 119.04, division (B)(1)(b) of        2,546        

section 4141.14, or division (A)(2) of section 5703.14 of the      2,547        

Revised Code.                                                      2,548        

      Sec. 119.032.  (A)  As used in this section:                 2,557        

      (1)  "Agency" includes both an agency as defined in          2,559        

division (A)(2) of section 111.15 and an agency as defined in      2,560        

division (A) of section 119.01 of the Revised Code.                2,561        

      (2)  "Review date" means the review date assigned to a rule  2,563        

by an agency under division (B) or (E)(2) of this section or       2,564        

under section 111.15, 119.04, or 4141.14 of the Revised Code or a  2,567        

review date assigned to a rule by the joint committee on agency                 

rule review under division (B) of this section.                    2,568        

      (3)(a)  "Rule" means only a rule whose adoption, amendment,  2,570        

or rescission is subject to review under division (D) of section   2,573        

111.15 or division (H) of section 119.03 of the Revised Code.      2,574        

      (b)  "Rule" does not include a rule adopted, amended, or     2,577        

rescinded by the department of taxation under section 5703.14 of                

the Revised Code, a rule of a state college or university,         2,578        

community college district, technical college district, or state   2,579        

community college, or a rule that is consistent with and           2,580        

equivalent to the form required by a federal law and that does     2,581        

not exceed the minimum scope and intent of that federal law.       2,582        

      (B)  Not later than March 25, 1997, each agency shall        2,585        

assign a review date to each of its rules that is currently in     2,586        

effect and shall notify the joint committee on agency rule review  2,587        

of the review date for each such rule.  The agency shall assign    2,588        

review dates to its rules so that approximately one-fifth of the   2,589        

rules are scheduled for review during each calendar year of the    2,590        

                                                          61     


                                                                 
five-year period that begins March 25, 1997, except that an        2,591        

agency, with the joint committee's approval, may set a review      2,592        

schedule for the agency's rules in which there is no requirement   2,593        

that approximately one-fifth of the agency's rules be assigned a   2,594        

review date during each calendar year of the five-year period but  2,595        

in which all of the agency's rules are assigned a review date      2,596        

during that five-year period.  An agency may change the review     2,597        

dates it has assigned to specific rules so long as the agency                   

complies with the five-year time deadline specified in this        2,598        

division.                                                                       

      Upon the request of the agency that adopted the rule, the    2,601        

joint committee on agency rule review may extend a review date of  2,603        

a rule to a date that is not later than one hundred eighty days                 

after the original review date assigned to the rule by the agency  2,605        

under this division, division (E)(2) of this section, or section   2,606        

111.15, 119.04, or 4141.14 of the Revised Code.  The joint         2,607        

committee may further extend a review date that has been extended  2,608        

under this paragraph if appropriate under the circumstances.       2,609        

      (C)  Prior to the review date of a rule, the agency that     2,612        

adopted the rule shall review the rule to determine all of the                  

following:                                                         2,613        

      (1)  Whether the rule should be continued without            2,615        

amendment, be amended, or be rescinded, taking into consideration  2,616        

the purpose, scope, and intent of the statute under which the      2,617        

rule was adopted;                                                               

      (2)  Whether the rule needs amendment or rescission to give  2,619        

more flexibility at the local level;                               2,621        

      (3)  Whether the rule needs amendment or rescission to       2,623        

eliminate unnecessary paperwork;                                   2,625        

      (4)  Whether the rule duplicates, overlaps with, or          2,627        

conflicts with other rules.                                        2,628        

      (D)  In making the review required under division (C) of     2,631        

this section, the agency shall consider the continued need for     2,632        

the rule, the nature of any complaints or comments received        2,633        

                                                          62     


                                                                 
concerning the rule, and any relevant factors that have changed    2,634        

in the subject matter area affected by the rule.                                

      (E)(1)  On or before the designated review date of a rule,   2,637        

the agency that adopted the rule shall proceed under division      2,638        

(E)(2) or (5) of this section to indicate that the agency has      2,640        

reviewed the rule.                                                 2,641        

      (2)  If the agency has determined that the rule does not     2,643        

need to be amended or rescinded, the agency shall file all the     2,645        

following, IN BOTH PRINT AND ELECTRONIC FORM, with the joint       2,646        

committee on agency rule review, the secretary of state, and the   2,647        

director of the legislative service commission:  a copy of the     2,648        

rule, a statement of the agency's determination, and an accurate   2,651        

rule summary and fiscal analysis for the rule as described in      2,652        

section 127.18 of the Revised Code.  The agency shall assign a     2,653        

new review date to the rule, which shall not be later than five    2,654        

years after the rule's immediately preceding review date.  After   2,655        

the joint committee has reviewed such a rule for the first time,   2,656        

including any rule that was in effect on September 26, 1996, the   2,657        

agency in its subsequent reviews of the rule may provide the same  2,658        

fiscal analysis it provided to the joint committee during its      2,659        

immediately preceding review of the rule unless any of the         2,660        

conditions described in division (B)(4), (5), (6), (8), (9), or    2,661        

(10) of section 127.18 of the Revised Code, as they relate to the  2,663        

rule, have appreciably changed since the joint committee's         2,664        

immediately preceding review of the rule.  If any of these         2,665        

conditions, as they relate to the rule, have appreciably changed,  2,666        

the agency shall provide the joint committee with an updated       2,667        

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           2,668        

five-year maximum, the review date for the rule is five years      2,670        

after its immediately preceding review date.  The joint committee  2,671        

shall give public notice in the register of Ohio of the agency's   2,672        

determination after receiving a notice from the agency under       2,673        

division (E)(2) of this section.  The joint committee shall        2,675        

                                                          63     


                                                                 
transmit a copy of the notice IN BOTH PRINT AND ELECTRONIC FORM    2,676        

to the director of the legislative service commission.  The        2,677        

director shall publish the notice in the register of Ohio for      2,678        

four consecutive weeks after its receipt.                          2,679        

      (3)  During the ninety-day period following the date the     2,681        

joint committee receives a notice under division (E)(2) of this    2,683        

section but after the four-week period described in division                    

(E)(2) of this section has ended, the joint committee, by a        2,684        

two-thirds vote of the members present, may recommend the          2,685        

adoption of a concurrent resolution invalidating the rule if the   2,686        

joint committee determines that either of the following applies:   2,687        

      (a)  The agency improperly applied the criteria described    2,690        

in divisions (C) and (D) of this section in reviewing the rule     2,691        

and in recommending its continuance without amendment or           2,692        

rescission.                                                                     

      (b)  The agency failed to file proper notice with the joint  2,695        

committee regarding the rule.                                                   

      (4)  If the joint committee does not take the action         2,697        

described in division (E)(3) of this section regarding a rule      2,699        

during the ninety-day period after the date the joint committee                 

receives a notice under division (E)(2) of this section regarding  2,701        

that rule, the rule shall continue in effect without amendment                  

and shall be next reviewed by the joint committee by the date      2,702        

designated by the agency in the notice provided to the joint       2,703        

committee under division (E)(2) of this section.                   2,704        

      (5)  If the agency has determined that a rule reviewed       2,706        

under division (C) of this section needs to be amended or          2,708        

rescinded, the agency, on or before the rule's review date, shall  2,709        

file the rule as amended or rescinded in accordance with section   2,710        

111.15, 119.03, or 4141.14 of the Revised Code, as applicable.     2,711        

      (6)  Each agency shall provide the joint committee with a    2,714        

copy of the rules that it has determined are rules described in    2,715        

division (A)(3)(b) of this section.  At a time the joint           2,716        

committee designates, each agency shall appear before the joint    2,718        

                                                          64     


                                                                 
committee and explain why it has determined that such rules are                 

rules described in division (A)(3)(b) of this section.  The joint  2,720        

committee, by a two-thirds vote of the members present, may                     

determine that any of such rules are rules described in division   2,721        

(A)(3)(a) of this section.  After the joint committee has made     2,723        

such a determination relating to a rule, the agency shall          2,724        

thereafter treat the rule as a rule described in division          2,725        

(A)(3)(a) of this section.                                                      

      (F)  If an agency fails to provide the notice to the joint   2,728        

committee required under division (E)(2) of this section           2,729        

regarding a rule or otherwise fails by the rule's review date to   2,730        

take any action regarding the rule required by this section, the   2,731        

joint committee, by a majority vote of the members present, may    2,732        

recommend the adoption of a concurrent resolution invalidating     2,733        

the rule.  The joint committee shall not recommend the adoption                 

of such a resolution until it has afforded the agency the          2,734        

opportunity to appear before the joint committee to show cause     2,735        

why the joint committee should not recommend the adoption of such  2,736        

a resolution regarding that rule.                                  2,737        

      (G)  If the joint committee recommends adoption of a         2,740        

concurrent resolution invalidating a rule under division (E)(3)    2,741        

or (F) of this section, the adoption of the concurrent resolution  2,742        

shall be in the manner described in division (I) of section        2,743        

119.03 of the Revised Code.                                        2,744        

      Sec. 119.0311.  Each agency shall prepare and publish, and   2,747        

as it becomes necessary or advisable, revise and republish, a      2,748        

guide to its rule-making process that functions generally to       2,749        

assist members of the public who participate, or who may wish to   2,750        

participate, in the agency's rule-making.  The agency's guide is   2,751        

to include:                                                        2,752        

      (A)  A statement of the agency's regulatory mission;         2,755        

      (B)  A description of how the agency is organized to         2,758        

achieve its regulatory mission;                                                 

      (C)  An explanation of rule-making the agency is authorized  2,761        

                                                          65     


                                                                 
or required to engage in to achieve its regulatory mission;        2,762        

      (D)  An explanation of the agency's rule-making process;     2,765        

      (E)  An indication of the points in the agency's             2,768        

rule-making process at which members of the public can             2,769        

participate;                                                                    

      (F)  An explanation of how members of the public can         2,772        

participate in the agency's rule-making process at each indicated  2,773        

point of participation; and                                        2,774        

      (G)  Other information the agency reasonably concludes will  2,777        

assist members of the public meaningfully to participate in the    2,778        

agency's rule-making.                                              2,779        

      An agency's guide is not to be adopted as a rule, but        2,781        

rather as a narrative explanation of the matters outlined in this  2,783        

section.  An agency's failure to conform its rule-making process   2,784        

to its guide is not cause for invalidating a rule, amendment, or   2,785        

rescission adopted by the agency.                                               

      The agency shall publish or republish its guide both in the  2,789        

register of Ohio and as a printed pamphlet.                                     

      The agency shall submit a copy of its guide, in pamphlet or  2,791        

preferably AND in electronic form, to the director of the          2,793        

legislative service commission.  The director thereupon shall      2,794        

publish the agency's guide in the register of Ohio.                2,795        

      The agency shall provide a copy of its pamphlet guide to     2,797        

any person upon request.  The agency may charge the person a fee   2,798        

for this service, but the fee is not to exceed the per copy cost   2,799        

of producing the pamphlet guide and the actual cost of delivering  2,800        

it to the person.                                                  2,801        

      Sec. 119.04.  (A)(1)  Any rule adopted by any agency shall   2,810        

be effective on the tenth day after the day on which the rule in   2,811        

final form and in compliance with division (A)(2) of this section  2,812        

is filed as follows:                                               2,813        

      (a)  Two certified copies of the THE rule shall be filed IN  2,815        

BOTH PRINT AND ELECTRONIC FORM with both the secretary of state    2,817        

and the director of the legislative service commission;            2,818        

                                                          66     


                                                                 
      (b)  Two certified copies of the THE rule shall be filed IN  2,820        

BOTH PRINT AND ELECTRONIC FORM with the joint committee on agency  2,822        

rule review.  Division (A)(1)(b) of this section does not apply    2,823        

to any rule to which division (H) of section 119.03 of the         2,824        

Revised Code does not apply.                                                    

      If all copies are not filed FILINGS ARE NOT COMPLETED on     2,826        

the same day, the rule shall be effective on the tenth day after   2,828        

the day on which the latest filing is made COMPLETED.  If an       2,829        

agency in adopting a rule designates an effective date that is     2,831        

later than the effective date provided for by this division, the   2,832        

rule if filed as required by this division shall become effective  2,833        

on the later date designated by the agency.                        2,834        

      An agency that adopts or amends a rule that is subject to    2,836        

division (H) of section 119.03 of the Revised Code shall assign a  2,838        

review date to the rule that is not later than five years after    2,839        

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          2,840        

maximum, the review date for the rule is five years after its      2,841        

effective date.  A rule with a review date is subject to review    2,842        

under section 119.032 of the Revised Code.  This paragraph does    2,843        

not apply to the department of taxation.                           2,844        

      (2)  The agency shall file the rule in compliance with the   2,846        

following standards and procedures:                                2,847        

      (a)  The rule shall be numbered in accordance with the       2,849        

numbering system devised by the director for the Ohio              2,850        

administrative code.                                               2,851        

      (b)  The rule shall be prepared and submitted in compliance  2,853        

with the rules of the legislative service commission.              2,854        

      (c)  The rule shall clearly state the date on which it is    2,856        

to be effective and the date on which it will expire, if known.    2,857        

      (d)  Each rule that amends or rescinds another rule shall    2,859        

clearly refer to the rule that is amended or rescinded.  Each      2,860        

amendment shall fully restate the rule as amended.                 2,861        

      If the director of the legislative service commission or     2,863        

                                                          67     


                                                                 
the director's designee gives an agency written notice pursuant    2,864        

to section 103.05 of the Revised Code that a rule filed by the     2,866        

agency is not in compliance with the rules of the commission, the  2,867        

agency shall within thirty days after receipt of the notice        2,868        

conform the rule to the rules of the commission as directed in     2,869        

the notice.                                                                     

      (3)  As used in this section, "rule" includes an amendment   2,871        

or rescission of a rule.                                           2,872        

      (B)  The secretary of state and the director shall preserve  2,874        

the rules filed under division (A)(1)(a) of this section in an     2,875        

accessible manner.  Each such rule shall be a public record open   2,876        

to public inspection and may be lent TRANSMITTED to any law        2,877        

publishing company that wishes to reproduce it.                    2,879        

      Any rule that has been adopted in compliance with section    2,881        

119.03 of the Revised Code and that is in effect before January    2,882        

1, 1977, may be divided into sections, numbered, provided with a   2,883        

subject heading, and filed with the secretary of state and the     2,884        

director to comply with the provisions of this section without     2,885        

carrying out the adoption procedure required by section 119.03 of  2,886        

the Revised Code.  The codification of existing rules to comply    2,887        

with this section shall not constitute adoption, amendment, or     2,888        

rescission.                                                        2,889        

      Sec. 121.24.  (A)  As used in this section:                  2,899        

      (1)  "Agency" means any agency as defined in division        2,901        

(A)(2) of section 111.15 or division (A) of section 119.01 of the  2,902        

Revised Code.                                                      2,903        

      (2)  "Employee" means a person who is employed by a small    2,905        

business or small organization for at least one thousand eight     2,906        

hundred hours per year.                                            2,907        

      (3)  A rule is "filed in final form" when it is filed with   2,909        

the secretary of state, the director of the legislative service    2,910        

commission, and the joint committee on agency rule review under    2,911        

division (B)(1) of section 111.15, division (A)(1) of section      2,912        

119.04, division (B)(1) of section 4141.14, or division (A) of     2,913        

                                                          68     


                                                                 
section 5703.14 of the Revised Code.                               2,914        

      (4)  "History trail" means the supplementary information     2,916        

required to be provided on each copy of a proposed rule, which     2,917        

information is not part of the text of the rule, and sets forth    2,918        

the statute prescribing the procedure in accordance with which     2,919        

the proposed rule is required to be adopted, the statute that      2,920        

authorizes the agency to adopt the proposed rule, the statute      2,921        

that the agency intends to amplify or implement by adopting the    2,922        

proposed rule, the effective dates of any previous versions of     2,923        

the rule that is the subject of the proposal, and other similar    2,924        

information as prescribed in rules of the legislative service      2,925        

commission.                                                        2,926        

      (5)  "Individual" means any individual who is affected by a  2,928        

rule in the individual's capacity as an officer or employee of a   2,930        

small business or small organization.                              2,931        

      (6)  "Rule summary and fiscal analysis" means a rule         2,933        

summary and fiscal analysis of a proposed rule that provides the   2,934        

information required by division (B) of section 127.18 of the      2,935        

Revised Code, and that has been prepared in the form prescribed    2,936        

by the joint committee on agency rule review under division (E)    2,937        

of that section.                                                   2,938        

      (7)  "Rate" means any rate, classification, fare, toll,      2,940        

rental, or charge of a public utility.                             2,941        

      (8)  "Rule" means any rule, regulation, or standard having   2,943        

a general and uniform operation, including any appendix thereto,   2,944        

that is adopted, promulgated, and enforced by an agency under the  2,945        

authority of the laws governing the agency.  "Rule" includes the   2,946        

adoption of a new rule or the amendment or rescission of an        2,947        

existing rule.  "Rule" does not include any of the following:      2,948        

      (a)  A rule proposed under section 1121.05, 1121.06,         2,950        

1155.18, or 1163.22 of the Revised Code;                           2,951        

      (b)  A rule governing the internal management of an agency   2,953        

that does not affect private rights;                               2,954        

      (c)  A rule authorized by law to be issued as a temporary    2,956        

                                                          69     


                                                                 
written order;                                                     2,957        

      (d)  Except as otherwise provided in division (A)(8)(d) of   2,959        

this section, a rule or order, whether of a quasi-legislative or   2,960        

quasi-judicial nature, proposed by the public utilities            2,961        

commission.  Any rule or order, whether of a quasi-legislative or  2,962        

quasi-judicial nature, proposed by the public utilities            2,963        

commission that determines a rate of a public utility to be just   2,964        

and reasonable is a "rule" for purposes of this section, unless    2,965        

the rule or order contains findings that the public utility, in    2,966        

applying for approval of the rate under section 4909.18 of the     2,967        

Revised Code, stated facts and grounds sufficient for the          2,968        

commission to determine that the proposed rate was just and        2,969        

reasonable.                                                        2,970        

      (e)  A proposed rule, the adoption of which is mandated by   2,972        

a federal law or rule, and which must be adopted substantially as  2,973        

prescribed by federal law or rule, to become effective within one  2,974        

hundred twenty days of adoption, so long as the history trail of   2,975        

the proposed rule contains a statement that it is proposed for     2,976        

the purpose of complying with a federal law or rule and a          2,977        

citation to the federal law or rule that mandates substantial      2,978        

compliance;                                                        2,979        

      (9)  "Small business" means an independently owned and       2,981        

operated business having fewer than four hundred employees.        2,982        

      (10)  "Small organization" means an unincorporated           2,984        

association, sheltered workshop, or nonprofit enterprise having    2,985        

fewer than four hundred employees.  This definition is not         2,986        

limited to the types of small organizations expressly mentioned,   2,987        

and includes all other types of small organizations, so long as    2,988        

such organizations have fewer than four hundred employees.         2,989        

      (B)  If an agency intends to adopt a rule, and reasonably    2,991        

believes that the proposed rule, if adopted, will be likely to     2,992        

affect individuals, small businesses, or small organizations, the  2,993        

agency shall comply with the following procedure in adopting the   2,994        

rule, in addition to any other procedure required by section       2,995        

                                                          70     


                                                                 
111.15, 117.16, 119.03, 119.032, 119.04, 127.18, 4141.14, or       2,996        

5117.02 of the Revised Code or any other statute of this state:    2,998        

      (1)  The agency shall prepare a complete and accurate rule   3,000        

summary and fiscal analysis of the original version of the         3,001        

proposed rule.                                                     3,002        

      (2)  After complying with division (B)(1) of this section,   3,004        

and at least sixty days before the agency files the proposed rule  3,005        

in final form, the agency shall file with the office of small      3,006        

business, one copy of IN BOTH PRINT AND ELECTRONIC FORM, the full  3,008        

text of the original version of the proposed rule and one copy of  3,009        

the rule summary and fiscal analysis of such proposed rule.        3,010        

      (3)  During a period commencing on the date the original     3,012        

version of the proposed rule is filed pursuant to division (B)(2)  3,013        

of this section and ending forty days thereafter:                  3,014        

      (a)  The chairperson of the standing committee of the        3,016        

senate or house of representatives having jurisdiction over        3,018        

individuals, small businesses, or small organizations, or any      3,019        

other person having an interest in the proposed rule, may submit   3,020        

written comments IN BOTH PRINT AND ELECTRONIC FORM to the agency,  3,021        

to the joint committee on agency rule review, or to both,          3,023        

concerning the expected effect of the proposed rule, if adopted,   3,024        

upon individuals, small businesses, and small organizations.  The  3,025        

agency and joint committee shall accept all such timely submitted  3,026        

written comments.                                                               

      (b)  The chairperson of the standing committee of the        3,028        

senate or house of representatives having jurisdiction over        3,030        

individuals, small businesses, or small organizations, IN BOTH     3,031        

PRINT AND ELECTRONIC FORM, may request the agency to appear        3,033        

before the committee and testify, answer questions asked by        3,034        

members of the committee, and produce information in the           3,035        

possession of the agency as requested by the committee,            3,036        

concerning the expected effect of the proposed rule, if adopted,   3,037        

upon individuals, small businesses, or small organizations.  Upon  3,038        

receipt of a request from the chairperson of the appropriate       3,040        

                                                          71     


                                                                 
standing committee of the senate or house of representatives       3,041        

under division (B)(3)(b) of this section, the agency shall         3,042        

designate an officer or employee of the agency to appear before    3,043        

the committee, and shall otherwise comply with the request, in     3,044        

the manner directed by the request.                                             

      (4)  The agency shall not proceed to file the proposed rule  3,046        

in final form until it has considered any written comments timely  3,047        

submitted to it under division (B)(3)(a) of this section, has      3,048        

identified the issues raised by the comments, has assessed the     3,049        

proposed rule in light of the issues raised by the comments, and   3,050        

has made such revisions in the proposed rule as it considers       3,051        

advisable in light of its assessment.                              3,052        

      An agency is not required to put any revised version of a    3,054        

proposed rule through the procedure of divisions (B)(1) to (4) of  3,055        

this section.                                                      3,056        

      (C)  Any original version of a proposed rule, rule summary   3,058        

and fiscal analysis, or written comment filed or submitted under   3,059        

division (B) of this section shall be preserved by the agency      3,060        

with which it is filed or to which it is submitted, and is a       3,061        

public record open to public inspection.                           3,062        

      (D)  Each agency shall prepare a plan that provides for the  3,064        

periodic review, at least once every five years, of each rule of   3,065        

the agency that is not otherwise subject to review under section   3,066        

119.032 of the Revised Code and that affects individuals, small    3,067        

businesses, or small organizations.  The purpose of each periodic  3,068        

review shall be to determine whether the rule that is being        3,069        

reviewed should be continued without change or amended or          3,070        

rescinded, consistent with the purpose, scope, and intent of the   3,071        

applicable statute authorizing adoption of the rule, so as to      3,072        

minimize the economic impact of the rule upon individuals, small   3,073        

businesses, or small organizations.  Accordingly, in making each   3,074        

periodic review of a rule, the agency shall consider the           3,075        

continued need for the rule, the nature of any written complaints  3,076        

or comments that the agency has received with regard to the rule,  3,077        

                                                          72     


                                                                 
the extent to which the rule duplicates, overlaps, or conflicts    3,078        

with other currently effective rules, and the degree to which      3,079        

technology, economic conditions, and other relevant factors have   3,080        

changed in the area affected by the rule.                          3,081        

      Each agency shall annually report to the governor and        3,083        

general assembly, with regard to each of its rules that have been  3,084        

reviewed under this division during the preceding calendar year,   3,085        

the title and administrative code rule number of the rule, a       3,086        

brief summary of the content and operation of the rule, and a      3,087        

brief summary of the results of the review.  If the agency is      3,088        

otherwise required to make an annual report to the governor and    3,089        

general assembly, the agency shall report this information in an   3,090        

appropriately designated section of its annual report, WHETHER     3,091        

ITS ANNUAL REPORT IS IN PRINT OR ELECTRONIC FORM OR BOTH.  If,     3,092        

however, the agency is not otherwise required to make an annual    3,093        

report to the governor and general assembly, the agency, on or     3,094        

before the first day of February, shall report this information    3,095        

in a separate report, IN BOTH PRINT AND ELECTRONIC FORM, to the    3,097        

governor and general assembly.  In addition to the submissions     3,099        

required by section 101.68 of the Revised Code, and in addition    3,100        

to any requirement of that section to submit notice of the         3,101        

availability of a report instead of copies of the report, the      3,102        

agency shall submit copies of its annual or separate report IN     3,103        

BOTH PRINT AND ELECTRONIC FORM, which provides the information     3,104        

required by this division, to the chairpersons of the standing     3,106        

committees of the senate and house of representatives having       3,107        

jurisdiction over individuals, small businesses, and small         3,108        

organizations.                                                     3,109        

      Each agency having rules in effect on the effective date of  3,111        

this section JANUARY 1, 1985, that affect individuals, small       3,113        

businesses, or small organizations shall divide those rules into   3,114        

groups, so that at least one-fifth of those rules are reviewed     3,115        

during each year of a five-year period commencing on the           3,116        

effective date of this section JANUARY 1, 1985.  A rule that is    3,117        

                                                          73     


                                                                 
newly adopted after the effective date of this section JANUARY 1,  3,119        

1985, shall be reviewed five years after its effective date.       3,122        

When a rule has once been reviewed, it shall thereafter be                      

reviewed again at five-year intervals.                             3,123        

      (E)  Each agency shall designate an individual or office     3,125        

within the agency to be responsible for complying with this        3,126        

division.  Each individual or office that has been so designated   3,127        

shall, within ten days after receiving a request therefor from     3,128        

any person:                                                        3,129        

      (1)  Provide the person with copies of any rule proposed by  3,131        

the agency that would affect individuals, small businesses, or     3,132        

small organizations;                                               3,133        

      (2)  Provide the person with copies of the rule summary and  3,135        

fiscal analysis of any rule proposed by the agency that would      3,136        

affect individuals, small businesses, or small organizations; or   3,137        

      (3)  Find, collate, and make available to the person any     3,139        

information in the possession of the agency regarding a rule       3,140        

proposed by the agency, which information would be of interest to  3,141        

individuals, small businesses, or small organizations.             3,142        

      The agency shall inform the office of small business in      3,144        

writing of the name, address, and telephone number of each         3,145        

individual or office designated under this division.  The agency   3,146        

shall promptly inform the office of small business in writing of   3,147        

any change in the information thus provided.                       3,148        

      (F)  Division (B) of this section does not apply to any      3,150        

emergency rule adopted under division (B)(2) of section 111.15 or  3,151        

division (F) of section 119.03 of the Revised Code, except that    3,152        

the emergency rule becomes subject to such division when it is     3,153        

adopted pursuant to the procedure of section 111.15 or 119.03 of   3,154        

the Revised Code for the adoption of rules not of an emergency     3,155        

nature.                                                            3,156        

      (G)  The department of taxation shall provide a copy of the  3,158        

full text of any rule proposed by the department that may affect   3,159        

any business IN BOTH PRINT AND ELECTRONIC FORM to the office of    3,160        

                                                          74     


                                                                 
small business, and the department shall designate an office       3,162        

within the agency responsible for providing a copy of any such     3,163        

rule within ten days of receiving a request from any person.       3,164        

      Sec. 121.39.  (A)  As used in this section, "environmental   3,173        

protection" means any of the following:                            3,174        

      (1)  Protection of human health or safety, biological        3,176        

resources, or natural resources by preventing, reducing, or        3,177        

remediating the pollution or degradation of air, land, or water    3,178        

resources or by preventing or limiting the exposure of humans,     3,179        

animals, or plants to pollution;                                   3,180        

      (2)  Appropriation or regulation of privately-owned          3,183        

PRIVATELY OWNED property to preserve air, land, or water           3,184        

resources in a natural state or to wholly or partially restore     3,186        

them to a natural state;                                                        

      (3)  Regulation of the collection, management, treatment,    3,188        

reduction, storage, or disposal of solid, hazardous, radioactive,  3,190        

or other wastes;                                                                

      (4)  Plans or programs to promote or regulate the            3,192        

conservation, recycling, or re-use REUSE of energy, materials, or  3,194        

wastes.                                                            3,195        

      (B)  Except as otherwise provided in division (E) of this    3,197        

section, when proposed legislation dealing with environmental      3,198        

protection or containing a component dealing with environmental    3,199        

protection is referred to a committee of the general assembly,     3,200        

other than a committee on rules or reference, the sponsor of the   3,201        

legislation, at the time of the first hearing of the legislation   3,202        

before the committee, shall submit to the members of the           3,203        

committee a written statement identifying either the               3,204        

documentation that is the basis of the legislation or the federal  3,205        

requirement or requirements with which the legislation is          3,206        

intended to comply.  If the legislation is not based on            3,207        

documentation or has not been introduced to comply with a federal  3,208        

requirement or requirements, the written statement from the        3,209        

sponsor shall so indicate.                                                      

                                                          75     


                                                                 
      Also at the time of the first hearing of the legislation     3,212        

before the committee, a statewide organization that represents     3,213        

businesses in this state and that elects its board of directors    3,214        

may submit to the members of the committee a written estimate of   3,215        

the costs to the regulated community in this state of complying    3,216        

with the legislation if it is enacted.                             3,217        

      At any hearing of the legislation before the committee, a    3,219        

representative of any state agency, environmental advocacy         3,220        

organization, or consumer advocacy organization or any private     3,221        

citizen may present documentation containing an estimate of the    3,222        

monetary and other costs to public health and safety and the                    

environment and to consumers and residential utility customers,    3,223        

and the effects on property values, if the legislation is not      3,224        

enacted.                                                                        

      (C)  Until such time as the statement required under         3,226        

division (B) of this section is submitted to the committee to      3,227        

which proposed legislation dealing with environmental protection   3,229        

or containing a component dealing with environmental protection    3,230        

was referred, the legislation shall not be reported by that        3,231        

committee.  This requirement does not apply if the component       3,232        

dealing with environmental protection is removed from the          3,233        

legislation or if two-thirds of the members of the committee vote  3,234        

in favor of a motion to report the proposed legislation.                        

      (D)  Except as otherwise provided in division (E) of this    3,237        

section, prior to adopting a rule or an amendment proposed to a    3,238        

rule dealing with environmental protection or containing a         3,239        

component dealing with environmental protection, a state agency    3,240        

shall do all of the following:                                                  

      (1)  Consult with organizations that represent political     3,242        

subdivisions, environmental interests, business interests, and     3,243        

other persons affected by the proposed rule or amendment;          3,244        

      (2)  Consider documentation relevant to the need for, the    3,247        

environmental benefits or consequences of, other benefits of, and  3,248        

the technological feasibility of the proposed rule or amendment;                

                                                          76     


                                                                 
      (3)  Specifically identify whether the proposed rule or      3,250        

amendment is being adopted or amended to enable the state to       3,251        

obtain or maintain approval to administer and enforce a federal    3,252        

environmental law or to participate in a federal environmental     3,253        

program, whether the proposed rule or amendment is more stringent  3,255        

than its federal counterpart, and, if the proposed rule or         3,256        

amendment is more stringent, the rationale for not incorporating   3,257        

its federal counterpart;                                                        

      (4)  Include with the proposed rule or amendment and the     3,259        

rule summary and fiscal analysis required under sections 121.24    3,261        

and 127.18 of the Revised Code, when they are filed with the       3,262        

joint committee on agency rule review in accordance with division  3,263        

(D) of section 111.15 or division (H) of section 119.03 of the     3,265        

Revised Code, one of the following IN BOTH PRINT AND ELECTRONIC    3,266        

FORM, as applicable:                                               3,267        

      (a)  The information identified under division (D)(3) of     3,269        

this section and, if the proposed rule or amendment is more        3,270        

stringent than its federal counterpart, as identified in that      3,271        

division, the documentation considered under division (D)(2) of    3,273        

this section;                                                                   

      (b)  If an amendment proposed to a rule is being adopted or  3,276        

amended under a state statute that establishes standards with      3,277        

which the amendment shall comply, and the proposed amendment is    3,278        

more stringent than the rule that it is proposing to amend, the    3,279        

documentation considered under division (D)(2) of this section;    3,280        

      (c)  If division (D)(4)(a) or (b) of this section is not     3,283        

applicable, the documentation considered under division (D)(2) of  3,284        

this section.                                                                   

      If the agency subsequently files a revision of such a        3,286        

proposed rule or amendment in accordance with division (D) of      3,287        

section 111.15 or division (H) of section 119.03 of the Revised    3,289        

Code, the revision shall be accompanied IN BOTH PRINT AND          3,290        

ELECTRONIC FORM by the applicable information or documentation.    3,291        

      Division (D) of this section does not apply to any           3,293        

                                                          77     


                                                                 
emergency rule adopted under division (B)(2) of section 111.15 or  3,295        

division (F) of section 119.03 of the Revised Code, but does                    

apply to any such rule that subsequently is adopted as a           3,297        

nonemergency rule under either of those divisions.                 3,298        

      The information or documentation submitted under division    3,300        

(D)(4) of this section may be in the form of a summary or index    3,302        

of available knowledge or information and shall consist of or be   3,303        

based upon the best available generally accepted knowledge or                   

information in the appropriate fields, as determined by the        3,304        

agency that prepared the documentation.                            3,305        

      (E)  The statement required under division (B) and the       3,307        

information or documentation required under division (D) of this   3,309        

section need not be prepared or submitted with regard to a         3,310        

proposed statute or rule, or an amendment to a rule, if the        3,311        

statute, rule, or amendment is procedural or budgetary in nature,  3,312        

or governs the organization or operation of a state agency, and    3,313        

will not affect the substantive rights or obligations of any       3,314        

person other than a state agency or an employee or contractor of   3,315        

a state agency.                                                                 

      (F)  The insufficiency, incompleteness, or inadequacy of a   3,317        

statement, information, documentation, or a summary of             3,319        

information or documentation provided in accordance with division  3,320        

(B) or (D) of this section shall not be grounds for invalidation   3,321        

of any statute, rule, or amendment to a rule.                      3,322        

      (G)  This section applies only to the following:             3,324        

      (1)  Legislation and components of legislation dealing with  3,327        

environmental protection that are introduced in the general                     

assembly after the effective date of this section MARCH 5, 1996;   3,329        

      (2)  Rules and rule amendments dealing with environmental    3,332        

protection that are filed with the joint committee on agency rule  3,333        

review in accordance with division (D) of section 111.15 or        3,334        

division (H) of section 119.03 of the Revised Code after the       3,335        

effective date of this section MARCH 5, 1996.                      3,336        

      Sec. 127.18.  (A)  As used in this section:                  3,345        

                                                          78     


                                                                 
      (1)  "Rule-making agency" has the same meaning as in         3,347        

division (I) of section 119.01 of the Revised Code.                3,348        

      (2)  "Rule" includes the adoption, amendment, or rescission  3,350        

of a rule.                                                         3,351        

      (3)  "Proposed rule" means the original version of a         3,353        

proposed rule, and each revised version of the same proposed       3,354        

rule, that is filed with the joint committee on agency rule        3,355        

review under division (D) of section 111.15 or division (H) of     3,356        

section 119.03 of the Revised Code.                                3,357        

      (B)  A rule-making agency shall prepare, in the form         3,359        

prescribed by the joint committee on agency rule review under      3,360        

division (E) of this section, a complete and accurate rule         3,361        

summary and fiscal analysis of each proposed rule that it files    3,362        

under division (D) of section 111.15 or division (H) of section    3,363        

119.03 of the Revised Code.  The rule summary and fiscal analysis  3,364        

shall include all of the following information:                    3,365        

      (1)  The name, address, and telephone number of the          3,367        

rule-making agency, and the name and telephone number of an        3,368        

individual or office within the agency designated by that agency   3,369        

to be responsible for coordinating and making available            3,370        

information in the possession of the agency regarding the          3,371        

proposed rule;                                                     3,372        

      (2)  The Ohio administrative code rule number of the         3,374        

proposed rule;                                                     3,375        

      (3)  A brief summary of, and the legal basis for, the        3,377        

proposed rule, including citations identifying the statute that    3,378        

prescribes the procedure in accordance with which the rule-making  3,379        

agency is required to adopt the proposed rule, the statute that    3,380        

authorizes the agency to adopt the proposed rule, and the statute  3,381        

that the agency intends to amplify or implement by adopting the    3,382        

proposed rule;                                                     3,383        

      (4)  An estimate, in dollars, of the amount by which the     3,385        

proposed rule would increase or decrease revenues or expenditures  3,386        

during the current biennium;                                       3,387        

                                                          79     


                                                                 
      (5)  A citation identifying the appropriation that           3,389        

authorizes each expenditure that would be necessitated by the      3,390        

proposed rule;                                                     3,391        

      (6)  A summary of the estimated cost of compliance with the  3,393        

rule to all directly affected persons;                             3,394        

      (7)  The reasons why the rule is being proposed;             3,396        

      (8)  If the rule has a fiscal effect on school districts,    3,398        

counties, townships, or municipal corporations, an estimate in     3,399        

dollars of the cost of compliance with the rule, or, if dollar     3,400        

amounts cannot be determined, a written explanation of why it was  3,401        

not possible to ascertain dollar amounts;                                       

      (9)  If the rule has a fiscal effect on school districts,    3,403        

counties, townships, or municipal corporations and is the result   3,404        

of a federal requirement, a clear explanation that the proposed    3,405        

state rule does not exceed the scope and intent of the             3,406        

requirement, or, if the state rule does exceed the minimum                      

necessary federal requirement, a justification of the excess       3,407        

cost, and an estimate of the costs, including those costs for      3,408        

local governments, exceeding the federal requirement;              3,409        

      (10)  If the rule has a fiscal effect on school districts,   3,411        

counties, townships, or municipal corporations, a comprehensive    3,412        

cost estimate that includes the procedure and method of            3,413        

calculating the costs of compliance and identifies major cost      3,414        

categories including personnel costs, new equipment or other       3,415        

capital costs, operating costs, and indirect central service                    

costs related to the rule.  The fiscal analysis shall also         3,416        

include a written explanation of the agency's and the affected     3,417        

local government's ability to pay for the new requirements and a   3,418        

statement of any impact the rule will have on economic             3,419        

development.                                                                    

      (11)  Any other information the joint committee on agency    3,421        

rule review considers necessary to make the proposed rule or the   3,422        

fiscal effect of the proposed rule fully understandable.           3,423        

      (C)  The rule-making agency shall attach one copy of FILE    3,425        

                                                          80     


                                                                 
the rule summary and fiscal analysis to each copy of IN BOTH       3,426        

PRINT AND ELECTRONIC FORM ALONG WITH the proposed rule that it     3,428        

files under divisions (D) and (E) of section 111.15 or divisions   3,429        

(B) and (H) of section 119.03 of the Revised Code. The joint       3,430        

committee on agency rule review shall not accept any proposed      3,431        

rule for filing unless a copy of the rule summary and fiscal       3,432        

analysis of the proposed rule, completely and accurately                        

prepared, has been attached to each copy of IS FILED ALONG WITH    3,433        

the proposed rule.                                                 3,434        

      (D)  The joint committee on agency rule review shall review  3,436        

the fiscal effect of each proposed rule that is filed under        3,437        

division (D) of section 111.15 or division (H) of section 119.03   3,438        

of the Revised Code.                                               3,439        

      (E)  The joint committee on agency rule review shall         3,441        

prescribe the form in which each rule-making agency shall prepare  3,442        

its rule summary and fiscal analysis of a proposed rule.           3,443        

      (F)  This section does not require the auditor of state or   3,445        

his THE AUDITOR OF STATE'S designee to prepare or attach a rule    3,446        

summary and fiscal analysis to any copy of a rule proposed under   3,448        

section 117.12, 117.19, 117.38, or 117.43 of the Revised Code.     3,449        

      Sec. 4141.14.  (A)  All rules of the administrator of the    3,458        

bureau of employment services adopted pursuant to this chapter     3,459        

shall be approved by the unemployment compensation review          3,460        

commission before the rules become effective.  All such rules      3,462        

shall specify on their face their effective date and the date on   3,463        

which they will expire, if known.  Approval by the unemployment    3,464        

compensation review commission shall also be required before       3,465        

amendments to, or rescission of, any rules of the administrator    3,466        

adopted pursuant to this chapter become effective.  If the         3,467        

commission disapproves a rule of the administrator, it shall                    

determine and promulgate a rule that it considers appropriate      3,468        

after affording a hearing to the administrator.                    3,469        

      (B)(1)  Any rule promulgated pursuant to this section shall  3,471        

be effective on the tenth day after the day on which the rule in   3,472        

                                                          81     


                                                                 
final form and in compliance with division (B)(2) of this section  3,473        

is filed as follows:                                               3,474        

      (a)  Two certified copies of the THE rule shall be filed IN  3,476        

BOTH PRINT AND ELECTRONIC FORM with both the secretary of state    3,478        

and the director of the legislative service commission;            3,479        

      (b)  Two certified copies of the THE rule shall be filed IN  3,481        

BOTH PRINT AND ELECTRONIC FORM with the joint committee on agency  3,483        

rule review.  Division (B)(1)(b) of this section does not apply    3,484        

to any rule to which division (H) of section 119.03 of the         3,485        

Revised Code does not apply.                                                    

      If all copies are not filed FILINGS ARE NOT COMPLETED on     3,487        

the same day, the rule shall be effective on the tenth day after   3,489        

the day on which the latest filing is made COMPLETED.  If the      3,490        

bureau of employment services or the unemployment compensation     3,492        

review commission in adopting a rule pursuant to this chapter      3,493        

designates an effective date that is later than the effective      3,494        

date provided for by this division, the rule if filed as required  3,495        

by this division shall become effective on the later date          3,496        

designated by the bureau or commission.                            3,497        

      If the commission or bureau adopts or amends a rule that is  3,500        

subject to division (H) of section 119.03 of the Revised Code,     3,501        

the commission or bureau shall assign a review date to the rule    3,502        

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          3,503        

assigned to a rule exceeds the five-year maximum, the review date  3,504        

for the rule is five years after its effective date.  A rule with  3,505        

a review date is subject to review under section 119.032 of the    3,506        

Revised Code.                                                                   

      (2)  The bureau and commission shall file the rule in        3,508        

compliance with the following standards and procedures:            3,509        

      (a)  The rule shall be numbered in accordance with the       3,511        

numbering system devised by the director for the Ohio              3,512        

administrative code.                                               3,513        

      (b)  The rule shall be prepared and submitted in compliance  3,515        

                                                          82     


                                                                 
with the rules of the legislative service commission.              3,516        

      (c)  The rule shall clearly state the date on which it is    3,518        

to be effective and the date on which it will expire, if known.    3,519        

      (d)  Each rule that amends or rescinds another rule shall    3,521        

clearly refer to the rule that is amended or rescinded.  Each      3,522        

amendment shall fully restate the rule as amended.                 3,523        

      If the director of the legislative service commission or     3,525        

the director's designee gives the bureau of employment services    3,526        

or the unemployment compensation review commission written notice  3,527        

pursuant to section 103.05 of the Revised Code that a rule filed   3,528        

by the bureau or review commission is not in compliance with the   3,529        

rules of the legislative service commission, the bureau or review  3,531        

commission shall within thirty days after receipt of the notice                 

conform the rule to the rules of the commission as directed in     3,532        

the notice.                                                                     

      The secretary of state and the director shall preserve the   3,534        

rules filed under division (B)(1)(a) of this section in an         3,535        

accessible manner.  Each such rule shall be a public record open   3,536        

to public inspection and may be lent TRANSMITTED to any law        3,537        

publishing company that wishes to reproduce it.                    3,539        

      (C)  As used in this section:                                3,541        

      (1)  "Rule" includes an amendment or rescission of a rule.   3,543        

      (2)  "Substantive revision" has the same meaning as in       3,545        

division (J) of section 119.01 of the Revised Code.                3,546        

      Sec. 5117.02.  (A)  The tax commissioner shall adopt rules,  3,555        

or amendments and rescissions of rules, for the administration of  3,556        

sections 5117.01 to 5117.12 of the Revised Code.                   3,557        

      (B)  As a means of efficiently administering the program     3,559        

established by sections 5117.01 to 5117.12 of the Revised Code,    3,560        

the tax commissioner may extend, by as much as a total of thirty   3,561        

days, any date specified in such sections for the performance of   3,562        

a particular action by an individual or an officer.                3,563        

      (C)(1)  Except as provided in division (C)(2) of this        3,565        

section, the tax commissioner shall, in accordance with divisions  3,566        

                                                          83     


                                                                 
(A), (B), (C), (D), (E), and (H) of section 119.03 and section     3,567        

119.04 of the Revised Code, adopt whatever rules, or amendments    3,568        

or rescissions of rules are required by or are otherwise           3,569        

necessary to implement sections 5117.01 to 5117.12 of the Revised  3,570        

Code.  A rule, amendment, or rescission adopted under this         3,571        

division is not exempt from the hearing requirements of section    3,572        

119.03 of the Revised Code pursuant to division (G) of that        3,573        

section, or subject to section 111.15 or 5703.14 of the Revised    3,574        

Code.                                                              3,575        

      (2)  If an emergency necessitates the immediate adoption of  3,577        

a rule, or the immediate adoption of an amendment or rescission    3,578        

of a rule that is required by or otherwise necessary to implement  3,579        

sections 5117.01 to 5117.12 of the Revised Code, the tax           3,580        

commissioner may immediately adopt the emergency rule, amendment,  3,581        

or rescission without complying with division (A), (B), (C), (D),  3,582        

(E), or (H) of section 119.03 of the Revised Code so long as he    3,583        

THE COMMISSIONER states the reasons for the necessity in the       3,584        

emergency rule, amendment, or rescission.  The emergency rule,     3,585        

amendment, or rescission is effective on the day copies of the     3,586        

emergency rule, amendment, or rescission, in final form and in     3,587        

compliance with division (A)(2) of section 119.04 of the Revised   3,588        

Code, are IS filed as follows:  two certified copies of the        3,590        

emergency rule, amendment, or rescission shall be filed IN BOTH    3,591        

PRINT AND ELECTRONIC FORM with both the secretary of state and,    3,593        

the director of the legislative service commission, and one        3,595        

certified copy of the emergency rule, amendment, or rescission     3,596        

shall be filed with the joint committee on agency rule review.     3,597        

If all copies are not filed FILINGS ARE NOT COMPLETED on the same  3,598        

day, the emergency rule, amendment, or rescission is effective on  3,599        

the day on which the latest filing is made COMPLETED.  An          3,600        

emergency rule, amendment, or rescission adopted under this        3,602        

division is not subject to section 111.15, division (F) of         3,603        

section 119.03, or section 5703.14 of the Revised Code.  An        3,604        

emergency rule, amendment, or rescission adopted under this        3,605        

                                                          84     


                                                                 
division continues in effect until amended or rescinded by the     3,606        

tax commissioner in accordance with division (C)(1) or (2) of      3,607        

this section, except that the rescission of an emergency           3,608        

rescission does not revive the rule rescinded.                     3,609        

      (D)  Except where otherwise provided, each form,             3,611        

application, notice, and the like used in fulfilling the           3,612        

requirements of sections 5117.01 to 5117.12 of the Revised Code    3,613        

shall be approved by the tax commissioner.                         3,614        

      Sec. 5703.14.  (A)  Any rule adopted by the board of tax     3,623        

appeals and any rule of the department of taxation adopted by the  3,624        

tax commissioner shall be effective on the tenth day after the     3,625        

day on which the rule in final form and in compliance with         3,626        

division (B) of this section is filed by the board or the          3,627        

commissioner as follows:                                           3,628        

      (1)  Two certified copies of the THE rule shall be filed IN  3,630        

BOTH PRINT AND ELECTRONIC FORM with both the secretary of state    3,632        

and the director of the legislative service commission;            3,633        

      (2)  Two certified copies of the THE rule shall be filed IN  3,635        

BOTH PRINT AND ELECTRONIC FORM with the joint committee on agency  3,637        

rule review.  Division (A)(2) of this section does not apply to    3,638        

any rule to which division (H) of section 119.03 of the Revised    3,639        

Code does not apply.                                                            

      If all copies are not filed FILINGS ARE NOT COMPLETED on     3,641        

the same day, the rule shall be effective on the tenth day after   3,643        

the day on which the latest filing is made COMPLETED.  If the      3,644        

board or the commissioner in adopting a rule designates an         3,646        

effective date that is later than the effective date provided for  3,647        

by this division, the rule if filed as required by this division   3,648        

shall become effective on the later date designated by the board   3,649        

or commissioner.                                                                

      (B)  The board and commissioner shall file the rule in       3,651        

compliance with the following standards and procedures:            3,652        

      (1)  The rule shall be numbered in accordance with the       3,654        

numbering system devised by the director for the Ohio              3,655        

                                                          85     


                                                                 
administrative code.                                               3,656        

      (2)  The rule shall be prepared and submitted in compliance  3,658        

with the rules of the legislative service commission.              3,659        

      (3)  The rule shall clearly state the date on which it is    3,661        

to be effective and the date on which it will expire, if known.    3,662        

      (4)  Each rule that amends or rescinds another rule shall    3,664        

clearly refer to the rule that is amended or rescinded.  Each      3,665        

amendment shall fully restate the rule as amended.                 3,666        

      If the director of the legislative service commission or     3,668        

his THE DIRECTOR'S designee gives the board or commissioner        3,669        

written notice pursuant to section 103.05 of the Revised Code      3,670        

that a rule filed by the board or commissioner is not in           3,672        

compliance with the rules of the legislative service commission,   3,673        

the board or commissioner shall within thirty days after receipt   3,674        

of the notice conform the rule to the rules of the legislative     3,675        

service commission as directed in the notice.                      3,676        

      All rules of the department and board filed pursuant to      3,678        

division (A)(1) of this section shall be recorded by the           3,679        

secretary of state and the director under the name of the          3,680        

department or board and shall be numbered in accordance with the   3,681        

numbering system devised by the director.  The secretary of state  3,682        

and the director shall preserve the rules in an accessible         3,683        

manner.  Each such rule shall be a public record open to public    3,684        

inspection and may be lent TRANSMITTED to any law publishing       3,685        

company that wishes to reproduce it.  Each such rule shall also    3,687        

be made available to interested parties upon request directed to   3,688        

the department.                                                    3,689        

      (C)  Applications for review of any rule adopted and         3,691        

promulgated by the commissioner may be filed with the board by     3,692        

any person who has been or may be injured by the operation of the  3,693        

rule.  The appeal may be taken at any time after the rule is       3,694        

filed with the secretary of the state, the director of the         3,695        

legislative service commission, and, if applicable, the joint      3,696        

committee on agency rule review.  Failure to file an appeal does   3,697        

                                                          86     


                                                                 
not preclude any person from seeking any other remedy against the  3,698        

application of the rule to him THE PERSON.  The applications       3,699        

shall set forth, or have attached thereto and incorporated by      3,700        

reference, a true copy of the rule, and shall allege that the      3,701        

rule complained of is unreasonable and shall state the grounds     3,702        

upon which the allegation is based.  Upon the filing of the        3,703        

application, the board shall notify the commissioner of the        3,704        

filing of the application, fix a time for hearing the              3,705        

application, notify the commissioner and the applicant of the      3,706        

time for the hearing, and afford both an opportunity to be heard.  3,707        

The appellant, the tax commissioner, and any other interested      3,708        

persons that the board permits, may introduce evidence.  The       3,709        

burden of proof to show that the rule is unreasonable shall be     3,710        

upon the appellant.  After the hearing, the board shall determine  3,711        

whether the rule complained of is reasonable or unreasonable.  A   3,712        

determination that the rule complained of is unreasonable shall    3,713        

require a majority vote of the three members of the board, and     3,714        

the reasons for the determination shall be entered on the journal  3,715        

of the board.                                                      3,716        

      Upon determining that the rule complained of is              3,718        

unreasonable, the board shall file copies of its determination as  3,719        

follows:                                                           3,720        

      (1)  Two certified copies of the THE determination shall be  3,722        

filed IN BOTH PRINT AND ELECTRONIC FORM with both the secretary    3,723        

of state and the director of the legislative service commission,   3,725        

who shall note the date of their receipt of the certified copies   3,726        

conspicuously in their files of the rules of the department;       3,727        

      (2)  Two certified copies of the THE determination shall be  3,729        

filed IN BOTH PRINT AND ELECTRONIC FORM with the joint committee   3,730        

on agency rule review.  Division (C)(2) of this section does not   3,732        

apply to any rule to which division (H) of section 119.03 of the   3,733        

Revised Code does not apply.                                       3,734        

      On the tenth day after the copies of the determination have  3,736        

HAS been received by the secretary of state, the director, and,    3,738        

                                                          87     


                                                                 
if applicable, the joint committee, the rule referred to in the    3,739        

determination shall cease to be in effect.  If all copies FILINGS  3,741        

of the determination are not filed ARE NOT COMPLETED on the same   3,742        

day, the rule shall remain in effect until the tenth day after     3,744        

the day on which the latest filing is made COMPLETED.  This        3,745        

section does not apply to licenses issued under sections 5735.02,  3,747        

5739.17, and 5743.15 of the Revised Code, which shall be governed  3,748        

by sections 119.01 to 119.13 of the Revised Code.                  3,749        

      The board is not required to hear an application for the     3,751        

review of any rule where the grounds of the allegation that the    3,752        

rule is unreasonable have been previously contained in an          3,753        

application for review and have been previously heard and passed   3,754        

upon by the board.                                                 3,755        

      (D)  This section does not apply to the adoption of any      3,757        

rule, or to the amendment or rescission of any rule by the tax     3,758        

commissioner under division (C)(1) or (2) of section 5117.02 of    3,759        

the Revised Code.                                                  3,760        

      (E)  As used in this section, "substantive revision" has     3,762        

the same meaning as in division (J) of section 119.01 of the       3,763        

Revised Code.                                                      3,764        

      Section 4.  That existing sections 103.05, 111.15, 117.20,   3,766        

119.03, 119.031, 119.032, 119.0311, 119.04, 121.24, 121.39,        3,767        

127.18, 4141.14, 5117.02, and 5703.14 of the Revised Code are      3,768        

hereby repealed.                                                                

      Section 5.  Sections 3 and 4 of this act take effect April   3,770        

1, 2001.                                                                        

      Section 6.  That sections 103.05, 111.15, 117.20, 119.03,    3,772        

119.031, 119.032, 119.0311, 119.04, 121.24, 121.39, 127.18,        3,773        

4141.14, 5117.02, and 5703.14 be amended and section 103.0512 of   3,774        

the Revised Code be enacted to read as follows:                    3,775        

      Sec. 103.05.  (A)  The director of the legislative service   3,784        

commission shall be the codifier of the rules of the               3,785        

administrative agencies of the state.  When a rule is filed under  3,786        

section 111.15, 119.04, 4141.14, or 5703.14 of the Revised Code,   3,787        

                                                          88     


                                                                 
the director or the director's designee shall examine the rule.    3,789        

If the rule is not numbered or if the numbering of the rule is     3,790        

not in conformity with the system established by the director,     3,791        

the director shall give the rule its proper number by designating  3,792        

the proper number on the left hand margin of the rule.  The        3,793        

number shall be the official administrative code number of the     3,794        

rule.  Any number so assigned shall be published in any            3,795        

publication of the administrative code.  Rules of the              3,796        

administrative code shall be cited and referred to by such         3,797        

official numbers.                                                               

      The legislative service commission shall, pursuant to        3,799        

section 111.15 of the Revised Code, adopt, amend, and rescind any  3,800        

rules that are necessary to provide a uniform administrative       3,801        

code; to provide standards for use by the director in determining  3,802        

whether to include in the administrative code the full text of,    3,803        

or a reference to, any rule filed with the commission; to permit   3,805        

the director to discharge the director's duties and exercise the   3,806        

director's powers as described in this section; and to permit the  3,807        

director to discharge the director's duties and exercise the       3,809        

director's powers with respect to establishing and maintaining,    3,810        

and enhancing and improving, the electronic rule-filing system     3,811        

under section 103.0511 of the Revised Code.                                     

      When the commission adopts rules to provide standards for    3,813        

use by the director in determining whether to include the full     3,814        

text of, or a reference to, a rule in the administrative code, it  3,815        

shall consider all of the following:                               3,816        

      (1)  Whether the rule applies uniformly to all citizens of   3,818        

the state;                                                         3,819        

      (2)  Whether the rule applies uniformly to all political     3,821        

subdivisions of the state;                                         3,822        

      (3)  Whether the rule affects the health, welfare, and       3,824        

safety of the citizens of the state;                               3,825        

      (4)  Whether the rule applies only to the internal affairs   3,827        

of the agency adopting the rule;                                   3,828        

                                                          89     


                                                                 
      (5)  The number of persons affected by the rule;             3,830        

      (6)  Whether the rule affects the statutory or               3,832        

constitutional rights of any person.                               3,833        

      The director or the director's designee shall accept any     3,835        

rule that is filed under section 111.15, 119.04, 4141.14, or       3,837        

5703.14 of the Revised Code.  If the director or the director's    3,838        

designee accepts a rule that is not in compliance with the rules   3,839        

of the commission, the director shall give notice of the           3,840        

noncompliance in both print and electronic form to the agency      3,841        

that filed the rule within thirty days after the date on which     3,842        

the rule is filed.  The notice shall indicate why the rule does    3,843        

not comply with the rules of the commission and how the rule can   3,844        

be brought into compliance.  The failure of the director to give   3,845        

an agency notice within the thirty-day period shall presumptively  3,846        

establish that the rule complies with the rules of the             3,847        

commission.                                                        3,848        

      (B)  The director shall approve as acceptable any            3,850        

publication of the code conforming to the requirements of this     3,851        

division.                                                                       

      An Ohio administrative code approved as acceptable by the    3,854        

director shall:                                                                 

      (1)  Contain a compilation of the full text of, or a         3,856        

reference to, each rule filed under sections 111.15, 119.04,       3,857        

4141.14, and 5703.14 of the Revised Code;                          3,858        

      (2)  Presumptively establish the rules of all agencies       3,860        

adopting rules under section 111.15, 4141.14, 5703.14, or Chapter  3,861        

119. of the Revised Code that are in effect on the day of its      3,862        

initial publication;                                               3,863        

      (3)  Contain the full text of, or a reference to, each rule  3,866        

adopted after its initial publication and be updated at least      3,867        

quarterly;                                                                      

      (4)  Contain an index of the rules and references to rules   3,869        

that are included in the code and each supplement using terms      3,870        

easily understood by the general public;                           3,871        

                                                          90     


                                                                 
      (5)  Be published in electronic or print format following,   3,874        

to the extent possible, the subject matter arrangement of the      3,876        

Revised Code;                                                      3,877        

      (6)  Be numbered according to the numbering system devised   3,879        

by the director.                                                   3,880        

      (C)  If the director does not approve as acceptable any      3,882        

publication of the administrative code, the director, subject to   3,883        

division (D) of this section, may prepare and publish the code,    3,885        

or contract with any person under this division to prepare and     3,887        

publish the code.  Any code published under this division shall    3,888        

include all of the requirements of division (B) of this section.   3,889        

In addition, the director shall furnish any code or supplement     3,890        

published under this division to any person who requests the code  3,892        

or supplement upon payment of a charge established by the          3,893        

director, not to exceed the cost of preparation and publication.   3,894        

      Upon the request of the director of the legislative service  3,896        

commission under this division, the director of administrative     3,897        

services, in accordance with the competitive selection procedure   3,898        

of Chapter 125. of the Revised Code, shall let a contract for the  3,899        

compilation, preparation, and printing or publication of the       3,900        

administrative code and supplements.                               3,901        

      (D)  The director shall not prepare and publish the          3,903        

administrative code in a print mode or any other mode under        3,904        

division (B) or (C) of this section unless no other person is      3,905        

willing and qualified to publish a version of the code in that     3,906        

mode that the director has approved as acceptable.                 3,907        

      Sec. 103.0512.  IF THERE IS AN EXPECTED OR UNEXPECTED SHUT   3,909        

DOWN OF THE WHOLE OR PART OF THE ELECTRONIC RULE-FILING SYSTEM,    3,910        

SUCH AS FOR MAINTENANCE OR BECAUSE OF HARDWARE OR SOFTWARE         3,911        

FAILURE, THE DIRECTOR OF THE LEGISLATIVE SERVICE COMMISSION MAY    3,912        

TEMPORARILY AUTHORIZE AN AGENCY THAT IS REQUIRED TO FILE RULES     3,913        

AND OTHER RULE-MAKING AND RULE-RELATED DOCUMENTS EXCLUSIVELY IN                 

ELECTRONIC FORM NEVERTHELESS TO FILE RULES AND OTHER RULE-MAKING   3,914        

AND RULE-RELATED DOCUMENTS IN PRINT FORM.                          3,915        

                                                          91     


                                                                 
      Sec. 111.15.  (A)  As used in this section:                  3,924        

      (1)  "Rule" includes any rule, regulation, bylaw, or         3,926        

standard having a general and uniform operation adopted by an      3,927        

agency under the authority of the laws governing the agency; any   3,928        

appendix to a rule; and any internal management rule.  "Rule"      3,929        

does not include any guideline adopted pursuant to section         3,930        

3301.0714 of the Revised Code, any order respecting the duties of  3,931        

employees, any finding, any determination of a question of law or  3,932        

fact in a matter presented to an agency, or any rule promulgated   3,933        

pursuant to Chapter 119., section 4141.14, division (C)(1) or (2)  3,934        

of section 5117.02, or section 5703.14 of the Revised Code.        3,935        

"Rule" includes any amendment or rescission of a rule.             3,936        

      (2)  "Agency" means any governmental entity of the state     3,938        

and includes, but is not limited to, any board, department,        3,939        

division, commission, bureau, society, council, institution,       3,940        

state college or university, community college district,           3,941        

technical college district, or state community college.  "Agency"  3,942        

does not include the general assembly, the controlling board, the  3,944        

adjutant general's department, or any court.                       3,945        

      (3)  "Internal management rule" means any rule, regulation,  3,947        

bylaw, or standard governing the day-to-day staff procedures and   3,948        

operations within an agency.                                       3,949        

      (4)  "Substantive revision" has the same meaning as in       3,951        

division (J) of section 119.01 of the Revised Code.                3,952        

      (B)(1)  Any rule, other than a rule of an emergency nature,  3,954        

adopted by any agency pursuant to this section shall be effective  3,955        

on the tenth day after the day on which the rule in final form     3,956        

and in compliance with division (B)(3) of this section is filed    3,957        

as follows:                                                        3,958        

      (a)  The rule shall be filed in both print and electronic    3,960        

form with both the secretary of state and the director of the      3,961        

legislative service commission;                                    3,962        

      (b)  The rule shall be filed in both print and electronic    3,964        

form with the joint committee on agency rule review.  Division     3,965        

                                                          92     


                                                                 
(B)(1)(b) of this section does not apply to any rule to which      3,966        

division (D) of this section does not apply.                       3,967        

      An agency that adopts or amends a rule that is subject to    3,969        

division (D) of this section shall assign a review date to the     3,971        

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       3,972        

assigned to a rule exceeds the five-year maximum, the review date  3,973        

for the rule is five years after its effective date.  A rule with  3,974        

a review date is subject to review under section 119.032 of the    3,975        

Revised Code.  This paragraph does not apply to a rule of a state  3,977        

college or university, community college district, technical                    

college district, or state community college.                      3,978        

      If all filings are not completed on the same day, the rule   3,980        

shall be effective on the tenth day after the day on which the     3,981        

latest filing is completed.  If an agency in adopting a rule       3,982        

designates an effective date that is later than the effective      3,983        

date provided for by division (B)(1) of this section, the rule if  3,984        

filed as required by such division shall become effective on the   3,985        

later date designated by the agency.                               3,986        

      Any rule that is required to be filed under division (B)(1)  3,988        

of this section is also subject to division (D) of this section    3,989        

if not exempted by division (D)(1), (2), (3), (4), (5), (6), (7),  3,991        

or (8) of this section.                                                         

      (2)  A rule of an emergency nature necessary for the         3,993        

immediate preservation of the public peace, health, or safety      3,994        

shall state the reasons for the necessity.  The emergency rule,    3,996        

in final form and in compliance with division (B)(3) of this       3,997        

section, shall be filed in both print and electronic form with     3,999        

the secretary of state, the director of the legislative service    4,000        

commission, and the joint committee on agency rule review.  The    4,002        

emergency rule is effective immediately upon completion of the     4,003        

latest filing, except that if the agency in adopting the           4,004        

emergency rule designates an effective date, or date and time of   4,005        

day, that is later than the effective date and time provided for   4,006        

                                                          93     


                                                                 
by division (B)(2) of this section, the emergency rule if filed    4,007        

as required by such division shall become effective at the later   4,008        

date, or later date and time of day, designated by the agency.     4,009        

      An emergency rule becomes invalid at the end of the          4,011        

ninetieth day it is in effect.  Prior to that date, the agency     4,012        

may file the emergency rule as a nonemergency rule in compliance   4,013        

with division (B)(1) of this section.  The agency may not refile   4,014        

the emergency rule in compliance with division (B)(2) of this      4,015        

section so that, upon the emergency rule becoming invalid under    4,016        

such division, the emergency rule will continue in effect without  4,017        

interruption for another ninety-day period.                        4,018        

      (3)  An agency shall file a rule under division (B)(1) or    4,020        

(2) of this section in compliance with the following standards     4,021        

and procedures:                                                    4,022        

      (a)  The rule shall be numbered in accordance with the       4,024        

numbering system devised by the director for the Ohio              4,025        

administrative code.                                               4,026        

      (b)  The rule shall be prepared and submitted in compliance  4,028        

with the rules of the legislative service commission.              4,029        

      (c)  The rule shall clearly state the date on which it is    4,031        

to be effective and the date on which it will expire, if known.    4,032        

      (d)  Each rule that amends or rescinds another rule shall    4,034        

clearly refer to the rule that is amended or rescinded.  Each      4,035        

amendment shall fully restate the rule as amended.                 4,036        

      If the director of the legislative service commission or     4,038        

the director's designee gives an agency notice pursuant to         4,040        

section 103.05 of the Revised Code that a rule filed by the        4,041        

agency is not in compliance with the rules of the legislative      4,042        

service commission, the agency shall within thirty days after      4,043        

receipt of the notice conform the rule to the rules of the         4,044        

commission as directed in the notice.                              4,045        

      (C)  All rules filed pursuant to divisions (B)(1)(a) and     4,047        

(2) of this section shall be recorded by the secretary of state    4,048        

and the director under the title of the agency adopting the rule   4,049        

                                                          94     


                                                                 
and shall be numbered according to the numbering system devised    4,050        

by the director.  The secretary of state and the director shall    4,051        

preserve the rules in an accessible manner.  Each such rule shall  4,052        

be a public record open to public inspection and may be            4,053        

transmitted to any law publishing company that wishes to           4,054        

reproduce it.                                                                   

      (D)  At least sixty-five days before a board, commission,    4,056        

department, division, or bureau of the government of the state     4,057        

files a rule under division (B)(1) of this section, it shall file  4,058        

the full text of the proposed rule in both print and electronic    4,059        

form with the joint committee on agency rule review, and the       4,062        

proposed rule is subject to legislative review and invalidation    4,064        

under division (I) of section 119.03 of the Revised Code.  If a    4,065        

state board, commission, department, division, or bureau makes a   4,066        

substantive revision in a proposed rule after it is filed with     4,067        

the joint committee, the state board, commission, department,      4,068        

division, or bureau shall promptly file the full text of the       4,071        

proposed rule in its revised form in both print and electronic     4,072        

form with the joint committee.  The latest version of a proposed   4,074        

rule as filed with the joint committee supersedes each earlier     4,075        

version of the text of the same proposed rule.  Except as          4,077        

provided in division (F) of this section, a state board,           4,078        

commission, department, division, or bureau shall also file the    4,079        

rule summary and fiscal analysis prepared under section 121.24 or  4,080        

127.18 of the Revised Code, or both, in both print and electronic  4,081        

form along with a proposed rule, and along with a proposed rule    4,083        

in revised form, that is filed under this division.                4,084        

      As used in this division, "commission" includes the public   4,086        

utilities commission when adopting rules under a federal or state  4,087        

statute.                                                                        

      This division does not apply to any of the following:        4,089        

      (1)  A proposed rule of an emergency nature;                 4,091        

      (2)  A rule proposed under section 1121.05, 1121.06,         4,093        

1155.18, 1733.412, 4123.29, 4123.34, 4123.341, 4123.342, 4123.40,  4,094        

                                                          95     


                                                                 
4123.411, 4123.44, or 4123.442 of the Revised Code;                4,096        

      (3)  A rule proposed by an agency other than a board,        4,098        

commission, department, division, or bureau of the government of   4,099        

the state;                                                         4,100        

      (4)  A proposed internal management rule of a board,         4,102        

commission, department, division, or bureau of the government of   4,103        

the state;                                                         4,104        

      (5)  Any proposed rule that must be adopted verbatim by an   4,106        

agency pursuant to federal law or rule, to become effective        4,107        

within sixty days of adoption, in order to continue the operation  4,108        

of a federally reimbursed program in this state, so long as the    4,109        

proposed rule contains both of the following:                      4,110        

      (a)  A statement that it is proposed for the purpose of      4,112        

complying with a federal law or rule;                              4,113        

      (b)  A citation to the federal law or rule that requires     4,115        

verbatim compliance.                                               4,116        

      (6)  An initial rule proposed by the director of health to   4,118        

impose safety standards, quality-of-care standards, and            4,119        

quality-of-care data reporting requirements with respect to a      4,120        

health service specified in section 3702.11 of the Revised Code,   4,121        

or an initial rule proposed by the director to impose quality      4,123        

standards on a facility listed in division (A)(4) of section                    

3702.30 of the Revised Code, if section 3702.12 of the Revised     4,124        

Code requires that the rule be adopted under this section;         4,125        

      (7)  A rule of the state lottery commission pertaining to    4,127        

instant game rules.                                                4,128        

      If a rule is exempt from legislative review under division   4,130        

(D)(5) of this section, and if the federal law or rule pursuant    4,131        

to which the rule was adopted expires, is repealed or rescinded,   4,132        

or otherwise terminates, the rule is thereafter subject to         4,133        

legislative review under division (D) of this section.             4,134        

      (E)  Whenever a state board, commission, department,         4,136        

division, or bureau files a proposed rule or a proposed rule in    4,137        

revised form under division (D) of this section, it shall also     4,138        

                                                          96     


                                                                 
file the full text of the same proposed rule or proposed rule in   4,140        

revised form in both print and electronic form with the secretary  4,141        

of state and the director of the legislative service commission.   4,143        

Except as provided in division (F) of this section, a state        4,144        

board, commission, department, division, or bureau shall file the  4,145        

rule summary and fiscal analysis prepared under section 121.24 or  4,146        

127.18 of the Revised Code, or both, in both print and electronic  4,147        

form along with a proposed rule or proposed rule in revised form   4,148        

that is filed with the secretary of state or the director of the   4,149        

legislative service commission.                                    4,150        

      (F)  Except as otherwise provided in this division, the      4,152        

auditor of state or the auditor of state's designee is not         4,153        

required to file a rule summary and fiscal analysis along with a   4,155        

proposed rule, or proposed rule in revised form, that the auditor  4,156        

of state proposes under section 117.12, 117.19, 117.38, or 117.43  4,158        

of the Revised Code and files under division (D) or (E) of this    4,159        

section.  If, however, the auditor of state or the designee        4,160        

prepares a rule summary and fiscal analysis of the original        4,161        

version of such a proposed rule for purposes of complying with     4,162        

section 121.24 of the Revised Code, the auditor of state or        4,163        

designee shall file the rule summary and fiscal analysis in both   4,165        

print and electronic form along with the original version of the   4,166        

proposed rule filed under division (D) or (E) of this section.     4,167        

      Sec. 117.20.  (A)  In adopting rules pursuant to Chapter     4,177        

117. of the Revised Code, the auditor of state or the auditor of   4,178        

state's designee shall do both of the following:                   4,179        

      (1)  Before adopting any such rule, except a rule of an      4,181        

emergency nature, do each of the following:                        4,182        

      (a)  At least thirty-five days before any public hearing on  4,184        

the proposed rule-making action, mail notice of the hearing to     4,185        

each public office and to each statewide organization that the     4,186        

auditor of state or designee determines will be affected or        4,188        

represents persons who will be affected by the proposed            4,189        

rule-making action;                                                             

                                                          97     


                                                                 
      (b)  Mail a copy of the proposed rule to any person or       4,191        

organization that requests a copy within five days after receipt   4,192        

of the request;                                                    4,193        

      (c)  Consult with appropriate state and local government     4,195        

agencies, or with persons representative of their interests,       4,196        

including statewide organizations of local government officials,   4,197        

and consult with accounting professionals and other interested     4,198        

persons;                                                           4,199        

      (d)  Conduct, on the date and at the time and place          4,201        

designated in the notice, a public hearing at which any person     4,202        

affected by the proposed rule, including statewide organizations   4,203        

of local government officials, may appear and be heard in person,  4,204        

by attorney, or both, and may present the person's or              4,205        

organization's position or contentions orally or in writing.       4,207        

      (2)  Except as otherwise provided in division (A)(2) of      4,209        

this section, comply with divisions (B) to (E) of section 111.15   4,210        

of the Revised Code.  The auditor of state is not required to      4,211        

file a rule summary and fiscal analysis along with any copy of a   4,212        

proposed rule, or proposed rule in revised form, that is filed     4,213        

with the joint committee on agency rule review, the secretary of   4,214        

state, or the director of the legislative service commission       4,215        

under division (D) or (E) of section 111.15 of the Revised Code;   4,216        

however, if the auditor of state or the auditor of state's         4,217        

designee prepares a rule summary and fiscal analysis of the        4,219        

original version of a proposed rule for purposes of complying      4,220        

with section 121.24 of the Revised Code, the auditor of state or   4,221        

designee shall file a copy of the rule summary and fiscal          4,222        

analysis in both print and electronic form along with the          4,223        

original version of the proposed rule filed under division (D) or  4,225        

(E) of section 111.15 of the Revised Code.                         4,227        

      (B)  The auditor of state shall diligently discharge the     4,229        

duties imposed by divisions (A)(1)(a), (b), and (c) of this        4,230        

section, but failure to mail any notice or copy of a proposed      4,231        

rule, or to consult with any person or organization, shall not     4,232        

                                                          98     


                                                                 
invalidate any rule.                                               4,233        

      (C)  Notwithstanding any contrary provision of the Revised   4,235        

Code, the auditor of state may prepare and disseminate, to public  4,236        

offices and other interested persons and organizations, advisory   4,237        

bulletins, directives, and instructions relating to accounting     4,238        

and financial reporting systems, budgeting procedures, fiscal      4,239        

controls, and the constructions by the auditor of state of         4,240        

constitutional and statutory provisions, court decisions, and      4,241        

opinions of the attorney general.  The bulletins, directives, and  4,242        

instructions shall be of an advisory nature only.                  4,243        

      (D)  As used in this section, "rule" includes the adoption,  4,245        

amendment, or rescission of a rule.                                4,246        

      Sec. 119.03.  In the adoption, amendment, or rescission of   4,248        

any rule, an agency shall comply with the following procedure:     4,249        

      (A)  Reasonable public notice shall be given in the          4,251        

register of Ohio at least thirty days prior to the date set for a  4,253        

hearing, in the form the agency determines.  The agency shall      4,254        

file copies of the public notice under division (B) of this        4,255        

section.  (The agency gives public notice in the register of Ohio  4,256        

when the public notice is published in the register under that     4,257        

division.)                                                                      

      The public notice shall include:                             4,260        

      (1)  A statement of the agency's intention to consider       4,262        

adopting, amending, or rescinding a rule;                          4,263        

      (2)  A synopsis of the proposed rule, amendment, or rule to  4,265        

be rescinded or a general statement of the subject matter to       4,266        

which the proposed rule, amendment, or rescission relates;         4,267        

      (3)  A statement of the reason or purpose for adopting,      4,269        

amending, or rescinding the rule;                                  4,270        

      (4)  The date, time, and place of a hearing on the proposed  4,272        

action, which shall be not earlier than the thirty-first nor       4,274        

later than the fortieth day after the proposed rule, amendment,    4,276        

or rescission is filed under division (B) of this section.         4,277        

      In addition to public notice given in the register of Ohio,  4,280        

                                                          99     


                                                                 
the agency may give whatever other notice it reasonably considers  4,282        

necessary to ensure notice constructively is given to all persons  4,283        

who are subject to or affected by the proposed rule, amendment,    4,284        

or rescission.                                                                  

      The agency shall provide a copy of the public notice         4,287        

required under division (A) of this section to any person who      4,288        

requests it and pays a reasonable fee, not to exceed the cost of   4,289        

copying and mailing.                                               4,290        

      (B)  The full text of the proposed rule, amendment, or rule  4,293        

to be rescinded, accompanied by the public notice required under   4,294        

division (A) of this section, shall be filed in both print and     4,295        

electronic form with the secretary of state and with the director  4,298        

of the legislative service commission.  (If in compliance with     4,299        

this division an agency files more than one proposed rule,         4,300        

amendment, or rescission at the same time, and has prepared a      4,301        

public notice under division (A) of this section that applies to   4,304        

more than one of the proposed rules, amendments, or rescissions,   4,305        

the agency shall file only one notice with the secretary of state  4,306        

and with the director for all of the proposed rules, amendments,   4,307        

or rescissions to which the notice applies.)  The proposed rule,   4,308        

amendment, or rescission and public notice shall be filed as       4,309        

required by this division at least sixty-five days prior to the    4,310        

date on which the agency, in accordance with division (D) of this  4,311        

section, issues an order adopting the proposed rule, amendment,    4,312        

or rescission.                                                     4,313        

      The proposed rule, amendment, or rescission shall be         4,316        

available for at least thirty days prior to the date of the                     

hearing at the office of the agency in printed or other legible    4,317        

form without charge to any person affected by the proposal.        4,318        

Failure to furnish such text to any person requesting it shall     4,319        

not invalidate any action of the agency in connection therewith.   4,320        

      If the agency files a substantive revision in the text of    4,322        

the proposed rule, amendment, or rescission under division (H) of  4,323        

this section, it shall also promptly file the full text of the     4,325        

                                                          100    


                                                                 
proposed rule, amendment, or rescission in its revised form in     4,326        

both print and electronic form with the secretary of state and     4,327        

with the director of the legislative service commission.           4,328        

      The agency shall file the rule summary and fiscal analysis   4,332        

prepared under section 121.24 or 127.18 of the Revised Code, or    4,333        

both, in both print and electronic form along with a proposed      4,334        

rule, amendment, or rescission or proposed rule, amendment, or     4,337        

rescission in revised form that is filed with the secretary of     4,338        

state or the director of the legislative service commission.       4,339        

      The director of the legislative service commission shall     4,341        

publish in the register of Ohio the full text of the original and  4,343        

each revised version of a proposed rule, amendment, or             4,344        

rescission; the full text of a public notice; and the full text    4,346        

of a rule summary and fiscal analysis that is filed with the       4,347        

director under this division.                                                   

      (C)  On the date and at the time and place designated in     4,349        

the notice, the agency shall conduct a public hearing at which     4,350        

any person affected by the proposed action of the agency may       4,351        

appear and be heard in person, by the person's attorney, or both,  4,353        

may present the person's position, arguments, or contentions,      4,354        

orally or in writing, offer and examine witnesses, and present     4,356        

evidence tending to show that the proposed rule, amendment, or     4,357        

rescission, if adopted or effectuated, will be unreasonable or     4,358        

unlawful.  An agency may permit persons affected by the proposed   4,359        

rule, amendment, or rescission to present their positions,         4,360        

arguments, or contentions in writing, not only at the hearing,     4,361        

but also for a reasonable period before, after, or both before     4,362        

and after the hearing.  A person who presents a position or        4,363        

arguments or contentions in writing before or after the hearing    4,364        

is not required to appear at the hearing.                          4,365        

      At the hearing, the testimony shall be recorded.  Such       4,367        

record shall be made at the expense of the agency.  The agency is  4,370        

required to transcribe a record that is not sight readable only    4,371        

if a person requests transcription of all or part of the record    4,372        

                                                          101    


                                                                 
and agrees to reimburse the agency for the costs of the            4,373        

transcription.  An agency may require the person to pay in         4,374        

advance all or part of the cost of the transcription.              4,375        

      In any hearing under this section the agency may administer  4,377        

oaths or affirmations.                                             4,378        

      (D)  After complying with divisions (A), (B), (C), and (H)   4,381        

of this section, and when the time for legislative review and      4,382        

invalidation under division (I) of this section has expired, the   4,383        

agency may issue an order adopting the proposed rule or the        4,384        

proposed amendment or rescission of the rule, consistent with the  4,385        

synopsis or general statement included in the public notice.  At   4,386        

that time the agency shall designate the effective date of the     4,387        

rule, amendment, or rescission, which shall not be earlier than    4,388        

the tenth day after the rule, amendment, or rescission has been    4,389        

filed in its final form as provided in section 119.04 of the       4,390        

Revised Code.                                                      4,391        

      (E)  Prior to the effective date of a rule, amendment, or    4,393        

rescission, the agency shall make a reasonable effort to inform    4,394        

those affected by the rule, amendment, or rescission and to have   4,395        

available for distribution to those requesting it the full text    4,396        

of the rule as adopted or as amended.                              4,397        

      (F)  If the governor, upon the request of an agency,         4,399        

determines that an emergency requires the immediate adoption,      4,400        

amendment, or rescission of a rule, the governor shall issue an    4,402        

order, the text of which shall be filed in both print and                       

electronic form with the agency, the secretary of state, the       4,404        

director of the legislative service commission, and the joint      4,405        

committee on agency rule review, that the procedure prescribed by  4,406        

this section with respect to the adoption, amendment, or           4,407        

rescission of a specified rule is suspended.  The agency may then  4,408        

adopt immediately the emergency rule, amendment, or rescission     4,409        

and it becomes effective on the date the rule, amendment, or       4,410        

rescission, in final form and in compliance with division (A)(2)   4,411        

of section 119.04 of the Revised Code, are filed in both print     4,412        

                                                          102    


                                                                 
and electronic form with the secretary of state, the director of   4,414        

the legislative service commission, and the joint committee on     4,415        

agency rule review.  If all filings are not completed on the same  4,416        

day, the emergency rule, amendment, or rescission shall be         4,417        

effective on the day on which the latest filing is completed.      4,418        

The director shall publish the full text of the emergency rule,    4,419        

amendment, or rescission in the register of Ohio.                  4,420        

      The emergency rule, amendment, or rescission shall become    4,423        

invalid at the end of the ninetieth day it is in effect.  Prior    4,424        

to that date the agency may adopt the emergency rule, amendment,   4,425        

or rescission as a nonemergency rule, amendment, or rescission by  4,426        

complying with the procedure prescribed by this section for the    4,427        

adoption, amendment, and rescission of nonemergency rules.  The    4,428        

agency shall not use the procedure of this division to readopt     4,429        

the emergency rule, amendment, or rescission so that, upon the     4,430        

emergency rule, amendment, or rescission becoming invalid under    4,431        

this division, the emergency rule, amendment, or rescission will   4,432        

continue in effect without interruption for another ninety-day     4,433        

period.                                                                         

      This division does not apply to the adoption of any          4,435        

emergency rule, amendment, or rescission by the tax commissioner   4,436        

under division (C)(2) of section 5117.02 of the Revised Code.      4,437        

      (G)  Rules adopted by an authority within the department of  4,439        

taxation or the bureau of employment services shall be effective   4,440        

without a hearing as provided by this section if the statutes      4,441        

pertaining to such agency specifically give a right of appeal to   4,442        

the board of tax appeals or to a higher authority within the       4,443        

agency or to a court, and also give the appellant a right to a     4,444        

hearing on such appeal.  This division does not apply to the       4,445        

adoption of any rule, amendment, or rescission by the tax          4,446        

commissioner under division (C)(1) or (2) of section 5117.02 of    4,447        

the Revised Code, or deny the right to file an action for          4,448        

declaratory judgment as provided in Chapter 2721. of the Revised   4,449        

Code from the decision of the board of tax appeals or of the       4,450        

                                                          103    


                                                                 
higher authority within such agency.                               4,451        

      (H)  When any agency files a proposed rule, amendment, or    4,453        

rescission under division (B) of this section, it shall also file  4,454        

in both print and electronic form with the joint committee on      4,456        

agency rule review the full text of the proposed rule, amendment,  4,457        

or rule to be rescinded in the same form and the public notice     4,458        

required under division (A) of this section.  (If in compliance    4,459        

with this division an agency files more than one proposed rule,    4,460        

amendment, or rescission at the same time, and has given a public  4,461        

notice under division (A) of this section that applies to more     4,462        

than one of the proposed rules, amendments, or rescissions, the    4,463        

agency shall file only one notice with the joint committee for     4,465        

all of the proposed rules, amendments, or rescissions to which     4,466        

the notice applies.)  If the agency makes a substantive revision   4,467        

in a proposed rule, amendment, or rescission after it is filed     4,468        

with the joint committee, the agency shall promptly file the full  4,469        

text of the proposed rule, amendment, or rescission in its         4,470        

revised form in both print and electronic form with the joint      4,472        

committee.  The latest version of a proposed rule, amendment, or   4,473        

rescission as filed with the joint committee supersedes each       4,474        

earlier version of the text of the same proposed rule, amendment,  4,475        

or rescission.  An agency shall file the rule summary and fiscal   4,477        

analysis prepared under section 121.24 or 127.18 of the Revised    4,478        

Code, or both, in both print and electronic form along with a      4,480        

proposed rule, amendment, or rescission, and along with a          4,481        

proposed rule, amendment, or rescission in revised form, that is   4,482        

filed under this division.                                         4,483        

      This division does not apply to:                             4,485        

      (1)  An emergency rule, amendment, or rescission;            4,487        

      (2)  Any proposed rule, amendment, or rescission that must   4,489        

be adopted verbatim by an agency pursuant to federal law or rule,  4,490        

to become effective within sixty days of adoption, in order to     4,491        

continue the operation of a federally reimbursed program in this   4,492        

state, so long as the proposed rule contains both of the           4,493        

                                                          104    


                                                                 
following:                                                         4,494        

      (a)  A statement that it is proposed for the purpose of      4,496        

complying with a federal law or rule;                              4,497        

      (b)  A citation to the federal law or rule that requires     4,499        

verbatim compliance.                                               4,500        

      If a rule or amendment is exempt from legislative review     4,502        

under division (H)(2) of this section, and if the federal law or   4,503        

rule pursuant to which the rule or amendment was adopted expires,  4,504        

is repealed or rescinded, or otherwise terminates, the rule or     4,505        

amendment, or its rescission, is thereafter subject to             4,506        

legislative review under division (H) of this section.             4,507        

      (I)(1)  The joint committee on agency rule review may        4,509        

recommend the adoption of a concurrent resolution invalidating a   4,510        

proposed rule, amendment, rescission, or part thereof if it finds  4,511        

any of the following:                                              4,512        

      (a)  That the rule-making agency has exceeded the scope of   4,514        

its statutory authority in proposing the rule, amendment, or       4,515        

rescission;                                                        4,516        

      (b)  That the proposed rule, amendment, or rescission        4,518        

conflicts with another rule, amendment, or rescission adopted by   4,519        

the same or a different rule-making agency;                        4,520        

      (c)  That the proposed rule, amendment, or rescission        4,522        

conflicts with the legislative intent in enacting the statute      4,523        

under which the rule-making agency proposed the rule, amendment,   4,524        

or rescission;                                                     4,525        

      (d)  That the rule-making agency has failed to prepare a     4,527        

complete and accurate rule summary and fiscal analysis of the      4,528        

proposed rule, amendment, or rescission as required by section     4,529        

121.24 or 127.18 of the Revised Code, or both.                     4,530        

      The joint committee shall not hold its public hearing on a   4,532        

proposed rule, amendment, or rescission earlier than the           4,533        

forty-first day after the original version of the proposed rule,   4,534        

amendment, or rescission was filed with the joint committee.       4,535        

      The house of representatives and senate may adopt a          4,537        

                                                          105    


                                                                 
concurrent resolution invalidating a proposed rule, amendment,     4,538        

rescission, or part thereof.  The concurrent resolution shall      4,539        

state which of the specific rules, amendments, rescissions, or     4,540        

parts thereof are invalidated.  A concurrent resolution            4,541        

invalidating a proposed rule, amendment, or rescission shall be    4,542        

adopted not later than the sixty-fifth day after the original      4,544        

version of the text of the proposed rule, amendment, or            4,545        

rescission is filed with the joint committee, except that if more  4,546        

than thirty-five days after the original version is filed the      4,547        

rule-making agency either files a revised version of the text of   4,548        

the proposed rule, amendment, or rescission, or revises the rule   4,549        

summary and fiscal analysis in accordance with division (I)(4) of  4,550        

this section, a concurrent resolution invalidating the proposed    4,551        

rule, amendment, or rescission shall be adopted not later than     4,552        

the thirtieth day after the revised version of the proposed rule   4,554        

or rule summary and fiscal analysis is filed.  If, after the       4,555        

joint committee on agency rule review recommends the adoption of   4,556        

a concurrent resolution invalidating a proposed rule, amendment,   4,557        

rescission, or part thereof, the house of representatives or       4,558        

senate does not, within the time remaining for adoption of the     4,559        

concurrent resolution, hold five floor sessions at which its       4,560        

journal records a roll call vote disclosing a sufficient number    4,561        

of members in attendance to pass a bill, the time within which     4,562        

that house may adopt the concurrent resolution is extended until   4,563        

it has held five such floor sessions.                              4,564        

      Within five days after the adoption of a concurrent          4,566        

resolution invalidating a proposed rule, amendment, rescission,    4,567        

or part thereof, the clerk of the senate shall send the            4,568        

rule-making agency, the secretary of state, and the director of    4,569        

the legislative service commission in both print and electronic    4,570        

form a certified text of the resolution together with a            4,572        

certification stating the date on which the resolution takes       4,573        

effect.  The secretary of state and the director of the            4,574        

legislative service commission shall each note the invalidity of   4,575        

                                                          106    


                                                                 
the proposed rule, amendment, rescission, or part thereof, and     4,576        

shall each remove the invalid proposed rule, amendment,            4,578        

rescission, or part thereof from the file of proposed rules.  The  4,579        

rule-making agency shall not proceed to adopt in accordance with   4,580        

division (D) of this section, or to file in accordance with        4,581        

division (B)(1) of section 111.15 of the Revised Code, any         4,582        

version of a proposed rule, amendment, rescission, or part         4,583        

thereof that has been invalidated by concurrent resolution.        4,584        

      Unless the house of representatives and senate adopt a       4,586        

concurrent resolution invalidating a proposed rule, amendment,     4,587        

rescission, or part thereof within the time specified by this      4,588        

division, the rule-making agency may proceed to adopt in           4,589        

accordance with division (D) of this section, or to file in        4,590        

accordance with division (B)(1) of section 111.15 of the Revised   4,591        

Code, the latest version of the proposed rule, amendment, or       4,592        

rescission as filed with the joint committee.  If by concurrent    4,593        

resolution certain of the rules, amendments, rescissions, or       4,594        

parts thereof are specifically invalidated, the rule-making        4,595        

agency may proceed to adopt, in accordance with division (D) of    4,596        

this section, or to file in accordance with division (B)(1) of     4,597        

section 111.15 of the Revised Code, the latest version of the      4,598        

proposed rules, amendments, rescissions, or parts thereof as       4,599        

filed with the joint committee that are not specifically           4,600        

invalidated.  The rule-making agency may not revise or amend any   4,601        

proposed rule, amendment, rescission, or part thereof that has     4,602        

not been invalidated except as provided in this chapter or in      4,603        

section 111.15 of the Revised Code.                                4,604        

      (2)(a)  A proposed rule, amendment, or rescission that is    4,606        

filed with the joint committee under division (H) of this section  4,607        

or division (D) of section 111.15 of the Revised Code shall be     4,608        

carried over for legislative review to the next succeeding         4,609        

regular session of the general assembly if the original or any     4,610        

revised version of the proposed rule, amendment, or rescission is  4,611        

filed with the joint committee on or after the first day of        4,612        

                                                          107    


                                                                 
December of any year.                                              4,613        

      (b)  The latest version of any proposed rule, amendment, or  4,615        

rescission that is subject to division (I)(2)(a) of this section,  4,616        

as filed with the joint committee, is subject to legislative       4,617        

review and invalidation in the next succeeding regular session of  4,618        

the general assembly in the same manner as if it were the          4,619        

original version of a proposed rule, amendment, or rescission      4,620        

that had been filed with the joint committee for the first time    4,621        

on the first day of the session.  A rule-making agency shall not   4,622        

adopt in accordance with division (D) of this section, or file in  4,623        

accordance with division (B)(1) of section 111.15 of the Revised   4,624        

Code, any version of a proposed rule, amendment, or rescission     4,625        

that is subject to division (I)(2)(a) of this section until the    4,626        

time for legislative review and invalidation, as contemplated by   4,627        

division (I)(2)(b) of this section, has expired.                   4,628        

      (3)  Invalidation of any version of a proposed rule,         4,630        

amendment, rescission, or part thereof by concurrent resolution    4,631        

shall prevent the rule-making agency from instituting or           4,632        

continuing proceedings to adopt any version of the same proposed   4,633        

rule, amendment, rescission, or part thereof for the duration of   4,634        

the general assembly that invalidated the proposed rule,           4,635        

amendment, rescission, or part thereof unless the same general     4,636        

assembly adopts a concurrent resolution permitting the             4,637        

rule-making agency to institute or continue such proceedings.      4,638        

      The failure of the general assembly to invalidate a          4,640        

proposed rule, amendment, rescission, or part thereof under this   4,641        

section shall not be construed as a ratification of the            4,642        

lawfulness or reasonableness of the proposed rule, amendment,      4,643        

rescission, or any part thereof or of the validity of the          4,644        

procedure by which the proposed rule, amendment, rescission, or    4,645        

any part thereof was proposed or adopted.                          4,646        

      (4)  In lieu of recommending a concurrent resolution to      4,648        

invalidate a proposed rule, amendment, rescission, or part         4,649        

thereof because the rule-making agency has failed to prepare a     4,650        

                                                          108    


                                                                 
complete and accurate fiscal analysis, the joint committee on      4,651        

agency rule review may issue, on a one-time basis, for rules,      4,652        

amendments, rescissions, or parts thereof that have a fiscal       4,653        

effect on school districts, counties, townships, or municipal      4,654        

corporations, a finding that the rule summary and fiscal analysis  4,656        

is incomplete or inaccurate and order the rule-making agency to    4,657        

revise the rule summary and fiscal analysis and refile it with     4,658        

the proposed rule, amendment, rescission, or part thereof.  If an  4,659        

emergency rule is filed as a nonemergency rule before the end of   4,660        

the ninetieth day of the emergency rule's effectiveness, and the   4,661        

joint committee issues a finding and orders the rule-making        4,662        

agency to refile under division (I)(4) of this section, the        4,663        

governor may also issue an order stating that the emergency rule   4,664        

shall remain in effect for an additional sixty days after the      4,665        

ninetieth day of the emergency rule's effectiveness.  The          4,666        

governor's orders shall be filed in accordance with division (F)   4,667        

of this section.  The joint committee shall send in both print     4,669        

and electronic form to the rule-making agency, the secretary of    4,670        

state, and the director of the legislative service commission a    4,671        

certified text of the finding and order to revise the rule         4,672        

summary and fiscal analysis, which shall take immediate effect.    4,674        

      An order issued under division (I)(4) of this section shall  4,677        

prevent the rule-making agency from instituting or continuing      4,678        

proceedings to adopt any version of the proposed rule, amendment,  4,679        

rescission, or part thereof until the rule-making agency revises   4,680        

the rule summary and fiscal analysis and refiles it in both print  4,682        

and electronic form with the joint committee along with the        4,683        

proposed rule, amendment, rescission, or part thereof.  If the     4,684        

joint committee finds the rule summary and fiscal analysis to be   4,685        

complete and accurate, the joint committee shall issue a new       4,686        

order noting that the rule-making agency has revised and refiled   4,687        

a complete and accurate rule summary and fiscal analysis.  The     4,688        

joint committee shall send in both print and electronic form to    4,691        

the rule-making agency, the secretary of state, and the director   4,692        

                                                          109    


                                                                 
of the legislative service commission a certified text of this     4,693        

new order.  The secretary of state and the director of the         4,694        

legislative service commission shall each attach and link this     4,695        

order to the proposed rule, amendment, rescission, or part         4,696        

thereof.  The rule-making agency may then proceed to adopt in      4,697        

accordance with division (D) of this section, or to file in        4,698        

accordance with division (B)(1) of section 111.15 of the Revised   4,699        

Code, the proposed rule, amendment, rescission, or part thereof    4,700        

that was subject to the finding and order under division (I)(4)    4,701        

of this section.  If the joint committee determines that the       4,702        

revised rule summary and fiscal analysis is still inaccurate or    4,703        

incomplete, the joint committee shall recommend the adoption of a  4,704        

concurrent resolution in accordance with division (I)(1) of this   4,705        

section.                                                                        

      Sec. 119.031.  (A)  The chairperson of the joint committee   4,715        

on agency rule review shall compare each rule, amendment, or       4,716        

rescission as filed in final form with the latest version of the   4,717        

same rule, amendment, or rescission as filed in proposed form.     4,718        

      (B)  If, upon making the comparison required by division     4,720        

(A) of this section, the chairperson of the joint committee on     4,722        

agency rule review finds that the rule-making agency has made a    4,723        

substantive revision in the rule, amendment, or rescission         4,724        

between the time it filed the latest version of the rule,          4,725        

amendment, or rescission in proposed form and the time it filed    4,726        

the rule, amendment, or rescission in final form, the chairperson  4,728        

shall promptly notify the rule-making agency, the secretary of                  

state, and the director of the legislative service commission in   4,729        

both print and electronic form of that finding.                    4,730        

      (C)  The joint committee on agency rule review shall review  4,732        

any rule, amendment, or rescission as filed in final form if,      4,733        

under division (B) of this section, it is found to contain a       4,734        

substantive revision.  The joint committee may do either or both   4,735        

of the following:                                                  4,736        

      (1)  If the joint committee makes any of the findings        4,738        

                                                          110    


                                                                 
stated in division (I)(1)(a), (b), or (c) of section 119.03 of     4,739        

the Revised Code, it may suspend the rule, amendment, rescission,  4,740        

or any part thereof.  The suspension shall remain in effect until  4,741        

the time for legislative review and invalidation has expired       4,742        

under division (D) of this section, or until the general assembly  4,743        

adopts a concurrent resolution invalidating the rule, amendment,   4,744        

rescission, or any part thereof, whichever occurs first.  The      4,745        

chairperson of the joint committee shall promptly notify the       4,747        

rule-making agency, the secretary of state, and the director of    4,748        

the legislative service commission in both print and electronic    4,749        

form of the suspension.                                            4,750        

      (2)  The joint committee may recommend the adoption of a     4,752        

concurrent resolution invalidating the rule, amendment,            4,753        

rescission, or any part thereof if it makes any of the findings    4,754        

stated in division (I)(1)(a), (b), or (c) of section 119.03 of     4,755        

the Revised Code.                                                  4,756        

      (D)  A rule, amendment, or rescission that, under division   4,758        

(B) of this section, is found to contain a substantive revision    4,759        

shall nevertheless become effective pursuant to division (B)(1)    4,760        

of section 111.15, division (A)(1) of section 119.04, division     4,761        

(B)(1) of section 4141.14, or division (A) of section 5703.14 of   4,762        

the Revised Code and remain in effect as filed in final form       4,763        

unless:                                                            4,764        

      (1)  Under division (C)(1) of this section, the joint        4,766        

committee suspends the rule, amendment, rescission, or any part    4,767        

thereof; or                                                        4,768        

      (2)  Prior to the sixtieth day after the rule, amendment,    4,770        

or rescission was filed in final form, the house of                4,771        

representatives and senate adopt a concurrent resolution           4,772        

invalidating the rule, amendment, rescission, or any part          4,773        

thereof.  If, after the joint committee on agency rule review      4,774        

recommends the adoption of a concurrent resolution invalidating    4,775        

the rule, amendment, rescission, or part thereof, the house of     4,776        

representatives or senate does not, within the time remaining for  4,777        

                                                          111    


                                                                 
adoption of the concurrent resolution, hold five floor sessions    4,778        

at which its journal records a roll call vote disclosing a         4,779        

sufficient number of members in attendance to pass a bill, the     4,780        

time within which that house may adopt the concurrent resolution   4,781        

is extended until it has held five such floor sessions.            4,782        

      Upon the adoption of such a concurrent resolution, the       4,784        

clerk of the senate shall, within five days thereafter, send the   4,785        

rule-making agency, the secretary of state, and the director of    4,786        

the legislative service commission, in both print and electronic   4,788        

form, a certified copy of the resolution together with a           4,790        

certification stating the date on which the resolution takes       4,791        

effect.  The secretary of state and the director shall each note   4,792        

the invalidity of the rule, amendment, rescission, or part         4,793        

thereof, and shall remove the invalid rule, amendment,             4,795        

rescission, or part thereof from the file of current rules.  The   4,796        

director shall also indicate in the Ohio administrative code that  4,797        

the rule, amendment, rescission, or part thereof is invalid and    4,798        

the date of invalidation.  The rule-making agency shall make       4,799        

appropriate adjustments to reflect the invalidity of the rule,     4,800        

amendment, rescission, or part thereof.                            4,801        

      (E)  Invalidation of a rule, amendment, rescission, or part  4,803        

thereof under this section shall prevent the rule-making agency    4,804        

from instituting proceedings to readopt any version of the same    4,805        

rule, amendment, rescission, or part thereof for the duration of   4,806        

the general assembly that invalidated the rule, amendment,         4,807        

rescission, or part thereof unless the same general assembly       4,808        

adopts a concurrent resolution permitting the rule-making agency   4,809        

to institute such proceedings.                                     4,810        

      (F)  The failure of the general assembly to invalidate a     4,812        

rule, amendment, rescission, or part thereof under this section    4,813        

shall not be construed as a ratification of the lawfulness or      4,814        

reasonableness of the rule, amendment, rescission, or any part     4,815        

thereof or of the validity of the procedure by which the rule,     4,816        

amendment, rescission, or any part thereof was adopted.            4,817        

                                                          112    


                                                                 
      (G)  As used in this section, a rule, amendment, or          4,819        

rescission is filed:                                               4,820        

      (1)  "In proposed form" when it is filed in such form with   4,822        

the joint committee under division (D) of section 111.15 or        4,823        

division (H) of section 119.03 of the Revised Code;                4,824        

      (2)  "In final form" when it is filed in such form with the  4,826        

joint committee under division (B)(1)(b) of section 111.15,        4,827        

division (A)(1)(b) of section 119.04, division (B)(1)(b) of        4,828        

section 4141.14, or division (A)(2) of section 5703.14 of the      4,829        

Revised Code.                                                      4,830        

      Sec. 119.032.  (A)  As used in this section:                 4,839        

      (1)  "Agency" includes both an agency as defined in          4,841        

division (A)(2) of section 111.15 and an agency as defined in      4,842        

division (A) of section 119.01 of the Revised Code.                4,843        

      (2)  "Review date" means the review date assigned to a rule  4,845        

by an agency under division (B) or (E)(2) of this section or       4,846        

under section 111.15, 119.04, or 4141.14 of the Revised Code or a  4,849        

review date assigned to a rule by the joint committee on agency                 

rule review under division (B) of this section.                    4,850        

      (3)(a)  "Rule" means only a rule whose adoption, amendment,  4,852        

or rescission is subject to review under division (D) of section   4,855        

111.15 or division (H) of section 119.03 of the Revised Code.      4,856        

      (b)  "Rule" does not include a rule adopted, amended, or     4,859        

rescinded by the department of taxation under section 5703.14 of                

the Revised Code, a rule of a state college or university,         4,860        

community college district, technical college district, or state   4,861        

community college, or a rule that is consistent with and           4,862        

equivalent to the form required by a federal law and that does     4,863        

not exceed the minimum scope and intent of that federal law.       4,864        

      (B)  Not later than March 25, 1997, each agency shall        4,867        

assign a review date to each of its rules that is currently in     4,868        

effect and shall notify the joint committee on agency rule review  4,869        

of the review date for each such rule.  The agency shall assign    4,870        

review dates to its rules so that approximately one-fifth of the   4,871        

                                                          113    


                                                                 
rules are scheduled for review during each calendar year of the    4,872        

five-year period that begins March 25, 1997, except that an        4,873        

agency, with the joint committee's approval, may set a review      4,874        

schedule for the agency's rules in which there is no requirement   4,875        

that approximately one-fifth of the agency's rules be assigned a   4,876        

review date during each calendar year of the five-year period but  4,877        

in which all of the agency's rules are assigned a review date      4,878        

during that five-year period.  An agency may change the review     4,879        

dates it has assigned to specific rules so long as the agency                   

complies with the five-year time deadline specified in this        4,880        

division.                                                                       

      Upon the request of the agency that adopted the rule, the    4,883        

joint committee on agency rule review may extend a review date of  4,885        

a rule to a date that is not later than one hundred eighty days                 

after the original review date assigned to the rule by the agency  4,887        

under this division, division (E)(2) of this section, or section   4,888        

111.15, 119.04, or 4141.14 of the Revised Code.  The joint         4,889        

committee may further extend a review date that has been extended  4,890        

under this paragraph if appropriate under the circumstances.       4,891        

      (C)  Prior to the review date of a rule, the agency that     4,894        

adopted the rule shall review the rule to determine all of the                  

following:                                                         4,895        

      (1)  Whether the rule should be continued without            4,897        

amendment, be amended, or be rescinded, taking into consideration  4,898        

the purpose, scope, and intent of the statute under which the      4,899        

rule was adopted;                                                               

      (2)  Whether the rule needs amendment or rescission to give  4,901        

more flexibility at the local level;                               4,903        

      (3)  Whether the rule needs amendment or rescission to       4,905        

eliminate unnecessary paperwork;                                   4,907        

      (4)  Whether the rule duplicates, overlaps with, or          4,909        

conflicts with other rules.                                        4,910        

      (D)  In making the review required under division (C) of     4,913        

this section, the agency shall consider the continued need for     4,914        

                                                          114    


                                                                 
the rule, the nature of any complaints or comments received        4,915        

concerning the rule, and any relevant factors that have changed    4,916        

in the subject matter area affected by the rule.                                

      (E)(1)  On or before the designated review date of a rule,   4,919        

the agency that adopted the rule shall proceed under division      4,920        

(E)(2) or (5) of this section to indicate that the agency has      4,923        

reviewed the rule.                                                 4,924        

      (2)  If the agency has determined that the rule does not     4,926        

need to be amended or rescinded, the agency shall file all the     4,928        

following, in both print and electronic form, with the joint       4,929        

committee on agency rule review, the secretary of state, and the   4,930        

director of the legislative service commission:  a copy of the     4,931        

rule, a statement of the agency's determination, and an accurate   4,933        

rule summary and fiscal analysis for the rule as described in      4,934        

section 127.18 of the Revised Code.  The agency shall assign a     4,935        

new review date to the rule, which shall not be later than five    4,936        

years after the rule's immediately preceding review date.  After   4,937        

the joint committee has reviewed such a rule for the first time,   4,938        

including any rule that was in effect on September 26, 1996, the   4,939        

agency in its subsequent reviews of the rule may provide the same  4,940        

fiscal analysis it provided to the joint committee during its      4,941        

immediately preceding review of the rule unless any of the         4,942        

conditions described in division (B)(4), (5), (6), (8), (9), or    4,943        

(10) of section 127.18 of the Revised Code, as they relate to the  4,945        

rule, have appreciably changed since the joint committee's         4,946        

immediately preceding review of the rule.  If any of these         4,947        

conditions, as they relate to the rule, have appreciably changed,  4,948        

the agency shall provide the joint committee with an updated       4,949        

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           4,950        

five-year maximum, the review date for the rule is five years      4,952        

after its immediately preceding review date.  The joint committee  4,953        

shall give public notice in the register of Ohio of the agency's   4,954        

determination after receiving a notice from the agency under       4,955        

                                                          115    


                                                                 
division (E)(2) of this section.  The joint committee shall        4,956        

transmit a copy of the notice in both print and electronic form    4,957        

to the director of the legislative service commission.  The        4,958        

director shall publish the notice in the register of Ohio for      4,959        

four consecutive weeks after its receipt.                          4,960        

      (3)  During the ninety-day period following the date the     4,962        

joint committee receives a notice under division (E)(2) of this    4,964        

section but after the four-week period described in division                    

(E)(2) of this section has ended, the joint committee, by a        4,965        

two-thirds vote of the members present, may recommend the          4,966        

adoption of a concurrent resolution invalidating the rule if the   4,967        

joint committee determines that either of the following applies:   4,968        

      (a)  The agency improperly applied the criteria described    4,971        

in divisions (C) and (D) of this section in reviewing the rule     4,972        

and in recommending its continuance without amendment or           4,973        

rescission.                                                                     

      (b)  The agency failed to file proper notice with the joint  4,976        

committee regarding the rule.                                                   

      (4)  If the joint committee does not take the action         4,978        

described in division (E)(3) of this section regarding a rule      4,980        

during the ninety-day period after the date the joint committee                 

receives a notice under division (E)(2) of this section regarding  4,982        

that rule, the rule shall continue in effect without amendment                  

and shall be next reviewed by the joint committee by the date      4,983        

designated by the agency in the notice provided to the joint       4,984        

committee under division (E)(2) of this section.                   4,985        

      (5)  If the agency has determined that a rule reviewed       4,987        

under division (C) of this section needs to be amended or          4,989        

rescinded, the agency, on or before the rule's review date, shall  4,990        

file the rule as amended or rescinded in accordance with section   4,991        

111.15, 119.03, or 4141.14 of the Revised Code, as applicable.     4,992        

      (6)  Each agency shall provide the joint committee with a    4,995        

copy of the rules that it has determined are rules described in    4,996        

division (A)(3)(b) of this section.  At a time the joint           4,997        

                                                          116    


                                                                 
committee designates, each agency shall appear before the joint    4,999        

committee and explain why it has determined that such rules are                 

rules described in division (A)(3)(b) of this section.  The joint  5,001        

committee, by a two-thirds vote of the members present, may                     

determine that any of such rules are rules described in division   5,002        

(A)(3)(a) of this section.  After the joint committee has made     5,004        

such a determination relating to a rule, the agency shall          5,005        

thereafter treat the rule as a rule described in division          5,006        

(A)(3)(a) of this section.                                                      

      (F)  If an agency fails to provide the notice to the joint   5,009        

committee required under division (E)(2) of this section           5,010        

regarding a rule or otherwise fails by the rule's review date to   5,011        

take any action regarding the rule required by this section, the   5,012        

joint committee, by a majority vote of the members present, may    5,013        

recommend the adoption of a concurrent resolution invalidating     5,014        

the rule.  The joint committee shall not recommend the adoption                 

of such a resolution until it has afforded the agency the          5,015        

opportunity to appear before the joint committee to show cause     5,016        

why the joint committee should not recommend the adoption of such  5,017        

a resolution regarding that rule.                                  5,018        

      (G)  If the joint committee recommends adoption of a         5,021        

concurrent resolution invalidating a rule under division (E)(3)    5,022        

or (F) of this section, the adoption of the concurrent resolution  5,023        

shall be in the manner described in division (I) of section        5,024        

119.03 of the Revised Code.                                        5,025        

      Sec. 119.0311.  Each agency shall prepare and publish, and   5,028        

as it becomes necessary or advisable, revise and republish, a      5,029        

guide to its rule-making process that functions generally to       5,030        

assist members of the public who participate, or who may wish to   5,031        

participate, in the agency's rule-making.  The agency's guide is   5,032        

to include:                                                        5,033        

      (A)  A statement of the agency's regulatory mission;         5,036        

      (B)  A description of how the agency is organized to         5,039        

achieve its regulatory mission;                                                 

                                                          117    


                                                                 
      (C)  An explanation of rule-making the agency is authorized  5,042        

or required to engage in to achieve its regulatory mission;        5,043        

      (D)  An explanation of the agency's rule-making process;     5,046        

      (E)  An indication of the points in the agency's             5,049        

rule-making process at which members of the public can             5,050        

participate;                                                                    

      (F)  An explanation of how members of the public can         5,053        

participate in the agency's rule-making process at each indicated  5,054        

point of participation; and                                        5,055        

      (G)  Other information the agency reasonably concludes will  5,058        

assist members of the public meaningfully to participate in the    5,059        

agency's rule-making.                                              5,060        

      An agency's guide is not to be adopted as a rule, but        5,062        

rather as a narrative explanation of the matters outlined in this  5,064        

section.  An agency's failure to conform its rule-making process   5,065        

to its guide is not cause for invalidating a rule, amendment, or   5,066        

rescission adopted by the agency.                                               

      The agency shall publish or republish its guide both in the  5,070        

register of Ohio and as a printed pamphlet.                                     

      The agency shall submit a copy of its guide, in pamphlet     5,072        

and in electronic form, to the director of the legislative         5,073        

service commission.  The director thereupon shall publish the      5,074        

agency's guide in the register of Ohio.                            5,075        

      The agency shall provide a copy of its pamphlet guide to     5,077        

any person upon request.  The agency may charge the person a fee   5,078        

for this service, but the fee is not to exceed the per copy cost   5,079        

of producing the pamphlet guide and the actual cost of delivering  5,080        

it to the person.                                                  5,081        

      Sec. 119.04.  (A)(1)  Any rule adopted by any agency shall   5,090        

be effective on the tenth day after the day on which the rule in   5,091        

final form and in compliance with division (A)(2) of this section  5,092        

is filed as follows:                                               5,093        

      (a)  The rule shall be filed in both print and electronic    5,095        

form with both the secretary of state and the director of the      5,096        

                                                          118    


                                                                 
legislative service commission;                                    5,097        

      (b)  The rule shall be filed in both print and electronic    5,099        

form with the joint committee on agency rule review.  Division     5,100        

(A)(1)(b) of this section does not apply to any rule to which      5,101        

division (H) of section 119.03 of the Revised Code does not        5,102        

apply.                                                                          

      If all filings are not completed on the same day, the rule   5,104        

shall be effective on the tenth day after the day on which the     5,105        

latest filing is completed.  If an agency in adopting a rule       5,106        

designates an effective date that is later than the effective      5,107        

date provided for by this division, the rule if filed as required  5,108        

by this division shall become effective on the later date          5,109        

designated by the agency.                                          5,110        

      An agency that adopts or amends a rule that is subject to    5,112        

division (H) of section 119.03 of the Revised Code shall assign a  5,114        

review date to the rule that is not later than five years after    5,115        

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          5,116        

maximum, the review date for the rule is five years after its      5,117        

effective date.  A rule with a review date is subject to review    5,118        

under section 119.032 of the Revised Code.  This paragraph does    5,119        

not apply to the department of taxation.                           5,120        

      (2)  The agency shall file the rule in compliance with the   5,122        

following standards and procedures:                                5,123        

      (a)  The rule shall be numbered in accordance with the       5,125        

numbering system devised by the director for the Ohio              5,126        

administrative code.                                               5,127        

      (b)  The rule shall be prepared and submitted in compliance  5,129        

with the rules of the legislative service commission.              5,130        

      (c)  The rule shall clearly state the date on which it is    5,132        

to be effective and the date on which it will expire, if known.    5,133        

      (d)  Each rule that amends or rescinds another rule shall    5,135        

clearly refer to the rule that is amended or rescinded.  Each      5,136        

amendment shall fully restate the rule as amended.                 5,137        

                                                          119    


                                                                 
      If the director of the legislative service commission or     5,139        

the director's designee gives an agency notice pursuant to         5,140        

section 103.05 of the Revised Code that a rule filed by the        5,142        

agency is not in compliance with the rules of the commission, the  5,143        

agency shall within thirty days after receipt of the notice        5,144        

conform the rule to the rules of the commission as directed in     5,145        

the notice.                                                                     

      (3)  As used in this section, "rule" includes an amendment   5,147        

or rescission of a rule.                                           5,148        

      (B)  The secretary of state and the director shall preserve  5,150        

the rules filed under division (A)(1)(a) of this section in an     5,151        

accessible manner.  Each such rule shall be a public record open   5,152        

to public inspection and may be transmitted to any law publishing  5,153        

company that wishes to reproduce it.                               5,154        

      Any rule that has been adopted in compliance with section    5,156        

119.03 of the Revised Code and that is in effect before January    5,157        

1, 1977, may be divided into sections, numbered, provided with a   5,158        

subject heading, and filed with the secretary of state and the     5,159        

director to comply with the provisions of this section without     5,160        

carrying out the adoption procedure required by section 119.03 of  5,161        

the Revised Code.  The codification of existing rules to comply    5,162        

with this section shall not constitute adoption, amendment, or     5,163        

rescission.                                                        5,164        

      Sec. 121.24.  (A)  As used in this section:                  5,174        

      (1)  "Agency" means any agency as defined in division        5,176        

(A)(2) of section 111.15 or division (A) of section 119.01 of the  5,177        

Revised Code.                                                      5,178        

      (2)  "Employee" means a person who is employed by a small    5,180        

business or small organization for at least one thousand eight     5,181        

hundred hours per year.                                            5,182        

      (3)  A rule is "filed in final form" when it is filed with   5,184        

the secretary of state, the director of the legislative service    5,185        

commission, and the joint committee on agency rule review under    5,186        

division (B)(1) of section 111.15, division (A)(1) of section      5,187        

                                                          120    


                                                                 
119.04, division (B)(1) of section 4141.14, or division (A) of     5,188        

section 5703.14 of the Revised Code.                               5,189        

      (4)  "History trail" means the supplementary information     5,191        

required to be provided on each copy of a proposed rule, which     5,192        

information is not part of the text of the rule, and sets forth    5,193        

the statute prescribing the procedure in accordance with which     5,194        

the proposed rule is required to be adopted, the statute that      5,195        

authorizes the agency to adopt the proposed rule, the statute      5,196        

that the agency intends to amplify or implement by adopting the    5,197        

proposed rule, the effective dates of any previous versions of     5,198        

the rule that is the subject of the proposal, and other similar    5,199        

information as prescribed in rules of the legislative service      5,200        

commission.                                                        5,201        

      (5)  "Individual" means any individual who is affected by a  5,203        

rule in the individual's capacity as an officer or employee of a   5,205        

small business or small organization.                              5,206        

      (6)  "Rule summary and fiscal analysis" means a rule         5,208        

summary and fiscal analysis of a proposed rule that provides the   5,209        

information required by division (B) of section 127.18 of the      5,210        

Revised Code, and that has been prepared in the form prescribed    5,211        

by the joint committee on agency rule review under division (E)    5,212        

of that section.                                                   5,213        

      (7)  "Rate" means any rate, classification, fare, toll,      5,215        

rental, or charge of a public utility.                             5,216        

      (8)  "Rule" means any rule, regulation, or standard having   5,218        

a general and uniform operation, including any appendix thereto,   5,219        

that is adopted, promulgated, and enforced by an agency under the  5,220        

authority of the laws governing the agency.  "Rule" includes the   5,221        

adoption of a new rule or the amendment or rescission of an        5,222        

existing rule.  "Rule" does not include any of the following:      5,223        

      (a)  A rule proposed under section 1121.05, 1121.06,         5,225        

1155.18, or 1163.22 of the Revised Code;                           5,226        

      (b)  A rule governing the internal management of an agency   5,228        

that does not affect private rights;                               5,229        

                                                          121    


                                                                 
      (c)  A rule authorized by law to be issued as a temporary    5,231        

written order;                                                     5,232        

      (d)  Except as otherwise provided in division (A)(8)(d) of   5,234        

this section, a rule or order, whether of a quasi-legislative or   5,235        

quasi-judicial nature, proposed by the public utilities            5,236        

commission.  Any rule or order, whether of a quasi-legislative or  5,237        

quasi-judicial nature, proposed by the public utilities            5,238        

commission that determines a rate of a public utility to be just   5,239        

and reasonable is a "rule" for purposes of this section, unless    5,240        

the rule or order contains findings that the public utility, in    5,241        

applying for approval of the rate under section 4909.18 of the     5,242        

Revised Code, stated facts and grounds sufficient for the          5,243        

commission to determine that the proposed rate was just and        5,244        

reasonable.                                                        5,245        

      (e)  A proposed rule, the adoption of which is mandated by   5,247        

a federal law or rule, and which must be adopted substantially as  5,248        

prescribed by federal law or rule, to become effective within one  5,249        

hundred twenty days of adoption, so long as the history trail of   5,250        

the proposed rule contains a statement that it is proposed for     5,251        

the purpose of complying with a federal law or rule and a          5,252        

citation to the federal law or rule that mandates substantial      5,253        

compliance;                                                        5,254        

      (9)  "Small business" means an independently owned and       5,256        

operated business having fewer than four hundred employees.        5,257        

      (10)  "Small organization" means an unincorporated           5,259        

association, sheltered workshop, or nonprofit enterprise having    5,260        

fewer than four hundred employees.  This definition is not         5,261        

limited to the types of small organizations expressly mentioned,   5,262        

and includes all other types of small organizations, so long as    5,263        

such organizations have fewer than four hundred employees.         5,264        

      (B)  If an agency intends to adopt a rule, and reasonably    5,266        

believes that the proposed rule, if adopted, will be likely to     5,267        

affect individuals, small businesses, or small organizations, the  5,268        

agency shall comply with the following procedure in adopting the   5,269        

                                                          122    


                                                                 
rule, in addition to any other procedure required by section       5,270        

111.15, 117.16, 119.03, 119.032, 119.04, 127.18, 4141.14, or       5,271        

5117.02 of the Revised Code or any other statute of this state:    5,273        

      (1)  The agency shall prepare a complete and accurate rule   5,275        

summary and fiscal analysis of the original version of the         5,276        

proposed rule.                                                     5,277        

      (2)  After complying with division (B)(1) of this section,   5,279        

and at least sixty days before the agency files the proposed rule  5,280        

in final form, the agency shall file with the office of small      5,281        

business, in both print and electronic form, the full text of the  5,282        

original version of the proposed rule and the rule summary and     5,284        

fiscal analysis of such proposed rule.                             5,285        

      (3)  During a period commencing on the date the original     5,287        

version of the proposed rule is filed pursuant to division (B)(2)  5,288        

of this section and ending forty days thereafter:                  5,289        

      (a)  The chairperson of the standing committee of the        5,291        

senate or house of representatives having jurisdiction over        5,293        

individuals, small businesses, or small organizations, or any      5,294        

other person having an interest in the proposed rule, may submit   5,295        

comments in both print and electronic form to the agency, to the   5,296        

joint committee on agency rule review, or to both, concerning the  5,297        

expected effect of the proposed rule, if adopted, upon             5,298        

individuals, small businesses, and small organizations.  The       5,299        

agency and joint committee shall accept all such timely submitted  5,300        

written comments.                                                               

      (b)  The chairperson of the standing committee of the        5,302        

senate or house of representatives having jurisdiction over        5,304        

individuals, small businesses, or small organizations, in both     5,305        

print and electronic form, may request the agency to appear        5,307        

before the committee and testify, answer questions asked by        5,308        

members of the committee, and produce information in the           5,309        

possession of the agency as requested by the committee,            5,310        

concerning the expected effect of the proposed rule, if adopted,   5,311        

upon individuals, small businesses, or small organizations.  Upon  5,312        

                                                          123    


                                                                 
receipt of a request from the chairperson of the appropriate       5,314        

standing committee of the senate or house of representatives       5,315        

under division (B)(3)(b) of this section, the agency shall         5,316        

designate an officer or employee of the agency to appear before    5,317        

the committee, and shall otherwise comply with the request, in     5,318        

the manner directed by the request.                                             

      (4)  The agency shall not proceed to file the proposed rule  5,320        

in final form until it has considered any comments timely          5,321        

submitted to it under division (B)(3)(a) of this section, has      5,322        

identified the issues raised by the comments, has assessed the     5,323        

proposed rule in light of the issues raised by the comments, and   5,324        

has made such revisions in the proposed rule as it considers       5,325        

advisable in light of its assessment.                              5,326        

      An agency is not required to put any revised version of a    5,328        

proposed rule through the procedure of divisions (B)(1) to (4) of  5,329        

this section.                                                      5,330        

      (C)  Any original version of a proposed rule, rule summary   5,332        

and fiscal analysis, or written comment filed or submitted under   5,333        

division (B) of this section shall be preserved by the agency      5,334        

with which it is filed or to which it is submitted, and is a       5,335        

public record open to public inspection.                           5,336        

      (D)  Each agency shall prepare a plan that provides for the  5,338        

periodic review, at least once every five years, of each rule of   5,339        

the agency that is not otherwise subject to review under section   5,340        

119.032 of the Revised Code and that affects individuals, small    5,341        

businesses, or small organizations.  The purpose of each periodic  5,342        

review shall be to determine whether the rule that is being        5,343        

reviewed should be continued without change or amended or          5,344        

rescinded, consistent with the purpose, scope, and intent of the   5,345        

applicable statute authorizing adoption of the rule, so as to      5,346        

minimize the economic impact of the rule upon individuals, small   5,347        

businesses, or small organizations.  Accordingly, in making each   5,348        

periodic review of a rule, the agency shall consider the           5,349        

continued need for the rule, the nature of any written complaints  5,350        

                                                          124    


                                                                 
or comments that the agency has received with regard to the rule,  5,351        

the extent to which the rule duplicates, overlaps, or conflicts    5,352        

with other currently effective rules, and the degree to which      5,353        

technology, economic conditions, and other relevant factors have   5,354        

changed in the area affected by the rule.                          5,355        

      Each agency shall annually report to the governor and        5,357        

general assembly, with regard to each of its rules that have been  5,358        

reviewed under this division during the preceding calendar year,   5,359        

the title and administrative code rule number of the rule, a       5,360        

brief summary of the content and operation of the rule, and a      5,361        

brief summary of the results of the review.  If the agency is      5,362        

otherwise required to make an annual report to the governor and    5,363        

general assembly, the agency shall report this information in an   5,364        

appropriately designated section of its annual report, whether     5,365        

its annual report is in print or electronic form or both.  If,     5,366        

however, the agency is not otherwise required to make an annual    5,367        

report to the governor and general assembly, the agency, on or     5,368        

before the first day of February, shall report this information    5,369        

in a separate report, in both print and electronic form, to the    5,370        

governor and general assembly.  In addition to the submissions     5,372        

required by section 101.68 of the Revised Code, and in addition    5,373        

to any requirement of that section to submit notice of the         5,374        

availability of a report instead of copies of the report, the      5,375        

agency shall submit its annual or separate report in both print    5,377        

and electronic form, which provides the information required by    5,378        

this division, to the chairpersons of the standing committees of   5,380        

the senate and house of representatives having jurisdiction over   5,381        

individuals, small businesses, and small organizations.            5,382        

      Each agency having rules in effect on January 1, 1985, that  5,385        

affect individuals, small businesses, or small organizations       5,386        

shall divide those rules into groups, so that at least one-fifth   5,387        

of those rules are reviewed during each year of a five-year        5,388        

period commencing on January 1, 1985.  A rule that is newly                     

adopted after January 1, 1985, shall be reviewed five years after  5,391        

                                                          125    


                                                                 
its effective date.  When a rule has once been reviewed, it shall  5,392        

thereafter be reviewed again at five-year intervals.               5,393        

      (E)  Each agency shall designate an individual or office     5,395        

within the agency to be responsible for complying with this        5,396        

division.  Each individual or office that has been so designated   5,397        

shall, within ten days after receiving a request therefor from     5,398        

any person:                                                        5,399        

      (1)  Provide the person with copies of any rule proposed by  5,401        

the agency that would affect individuals, small businesses, or     5,402        

small organizations;                                               5,403        

      (2)  Provide the person with copies of the rule summary and  5,405        

fiscal analysis of any rule proposed by the agency that would      5,406        

affect individuals, small businesses, or small organizations; or   5,407        

      (3)  Find, collate, and make available to the person any     5,409        

information in the possession of the agency regarding a rule       5,410        

proposed by the agency, which information would be of interest to  5,411        

individuals, small businesses, or small organizations.             5,412        

      The agency shall inform the office of small business in      5,414        

writing of the name, address, and telephone number of each         5,415        

individual or office designated under this division.  The agency   5,416        

shall promptly inform the office of small business in writing of   5,417        

any change in the information thus provided.                       5,418        

      (F)  Division (B) of this section does not apply to any      5,420        

emergency rule adopted under division (B)(2) of section 111.15 or  5,421        

division (F) of section 119.03 of the Revised Code, except that    5,422        

the emergency rule becomes subject to such division when it is     5,423        

adopted pursuant to the procedure of section 111.15 or 119.03 of   5,424        

the Revised Code for the adoption of rules not of an emergency     5,425        

nature.                                                            5,426        

      (G)  The department of taxation shall provide a copy of the  5,428        

full text of any rule proposed by the department that may affect   5,429        

any business in both print and electronic form to the office of    5,430        

small business, and the department shall designate an office       5,432        

within the agency responsible for providing a copy of any such     5,433        

                                                          126    


                                                                 
rule within ten days of receiving a request from any person.       5,434        

      Sec. 121.39.  (A)  As used in this section, "environmental   5,443        

protection" means any of the following:                            5,444        

      (1)  Protection of human health or safety, biological        5,446        

resources, or natural resources by preventing, reducing, or        5,447        

remediating the pollution or degradation of air, land, or water    5,448        

resources or by preventing or limiting the exposure of humans,     5,449        

animals, or plants to pollution;                                   5,450        

      (2)  Appropriation or regulation of privately owned          5,453        

property to preserve air, land, or water resources in a natural    5,455        

state or to wholly or partially restore them to a natural state;   5,456        

      (3)  Regulation of the collection, management, treatment,    5,458        

reduction, storage, or disposal of solid, hazardous, radioactive,  5,460        

or other wastes;                                                                

      (4)  Plans or programs to promote or regulate the            5,462        

conservation, recycling, or reuse of energy, materials, or         5,464        

wastes.                                                            5,465        

      (B)  Except as otherwise provided in division (E) of this    5,467        

section, when proposed legislation dealing with environmental      5,468        

protection or containing a component dealing with environmental    5,469        

protection is referred to a committee of the general assembly,     5,470        

other than a committee on rules or reference, the sponsor of the   5,471        

legislation, at the time of the first hearing of the legislation   5,472        

before the committee, shall submit to the members of the           5,473        

committee a written statement identifying either the               5,474        

documentation that is the basis of the legislation or the federal  5,475        

requirement or requirements with which the legislation is          5,476        

intended to comply.  If the legislation is not based on            5,477        

documentation or has not been introduced to comply with a federal  5,478        

requirement or requirements, the written statement from the        5,479        

sponsor shall so indicate.                                                      

      Also at the time of the first hearing of the legislation     5,482        

before the committee, a statewide organization that represents     5,483        

businesses in this state and that elects its board of directors    5,484        

                                                          127    


                                                                 
may submit to the members of the committee a written estimate of   5,485        

the costs to the regulated community in this state of complying    5,486        

with the legislation if it is enacted.                             5,487        

      At any hearing of the legislation before the committee, a    5,489        

representative of any state agency, environmental advocacy         5,490        

organization, or consumer advocacy organization or any private     5,491        

citizen may present documentation containing an estimate of the    5,492        

monetary and other costs to public health and safety and the                    

environment and to consumers and residential utility customers,    5,493        

and the effects on property values, if the legislation is not      5,494        

enacted.                                                                        

      (C)  Until such time as the statement required under         5,496        

division (B) of this section is submitted to the committee to      5,497        

which proposed legislation dealing with environmental protection   5,499        

or containing a component dealing with environmental protection    5,500        

was referred, the legislation shall not be reported by that        5,501        

committee.  This requirement does not apply if the component       5,502        

dealing with environmental protection is removed from the          5,503        

legislation or if two-thirds of the members of the committee vote  5,504        

in favor of a motion to report the proposed legislation.                        

      (D)  Except as otherwise provided in division (E) of this    5,507        

section, prior to adopting a rule or an amendment proposed to a    5,508        

rule dealing with environmental protection or containing a         5,509        

component dealing with environmental protection, a state agency    5,510        

shall do all of the following:                                                  

      (1)  Consult with organizations that represent political     5,512        

subdivisions, environmental interests, business interests, and     5,513        

other persons affected by the proposed rule or amendment;          5,514        

      (2)  Consider documentation relevant to the need for, the    5,517        

environmental benefits or consequences of, other benefits of, and  5,518        

the technological feasibility of the proposed rule or amendment;                

      (3)  Specifically identify whether the proposed rule or      5,520        

amendment is being adopted or amended to enable the state to       5,521        

obtain or maintain approval to administer and enforce a federal    5,522        

                                                          128    


                                                                 
environmental law or to participate in a federal environmental     5,523        

program, whether the proposed rule or amendment is more stringent  5,525        

than its federal counterpart, and, if the proposed rule or         5,526        

amendment is more stringent, the rationale for not incorporating   5,527        

its federal counterpart;                                                        

      (4)  Include with the proposed rule or amendment and the     5,529        

rule summary and fiscal analysis required under sections 121.24    5,531        

and 127.18 of the Revised Code, when they are filed with the       5,532        

joint committee on agency rule review in accordance with division  5,533        

(D) of section 111.15 or division (H) of section 119.03 of the     5,535        

Revised Code, one of the following in both print and electronic    5,536        

form, as applicable:                                               5,537        

      (a)  The information identified under division (D)(3) of     5,539        

this section and, if the proposed rule or amendment is more        5,540        

stringent than its federal counterpart, as identified in that      5,541        

division, the documentation considered under division (D)(2) of    5,543        

this section;                                                                   

      (b)  If an amendment proposed to a rule is being adopted or  5,546        

amended under a state statute that establishes standards with      5,547        

which the amendment shall comply, and the proposed amendment is    5,548        

more stringent than the rule that it is proposing to amend, the    5,549        

documentation considered under division (D)(2) of this section;    5,550        

      (c)  If division (D)(4)(a) or (b) of this section is not     5,553        

applicable, the documentation considered under division (D)(2) of  5,554        

this section.                                                                   

      If the agency subsequently files a revision of such a        5,556        

proposed rule or amendment in accordance with division (D) of      5,557        

section 111.15 or division (H) of section 119.03 of the Revised    5,559        

Code, the revision shall be accompanied in both print and          5,561        

electronic form by the applicable information or documentation.    5,562        

      Division (D) of this section does not apply to any           5,564        

emergency rule adopted under division (B)(2) of section 111.15 or  5,566        

division (F) of section 119.03 of the Revised Code, but does                    

apply to any such rule that subsequently is adopted as a           5,568        

                                                          129    


                                                                 
nonemergency rule under either of those divisions.                 5,569        

      The information or documentation submitted under division    5,571        

(D)(4) of this section may be in the form of a summary or index    5,573        

of available knowledge or information and shall consist of or be   5,574        

based upon the best available generally accepted knowledge or                   

information in the appropriate fields, as determined by the        5,575        

agency that prepared the documentation.                            5,576        

      (E)  The statement required under division (B) and the       5,578        

information or documentation required under division (D) of this   5,580        

section need not be prepared or submitted with regard to a         5,581        

proposed statute or rule, or an amendment to a rule, if the        5,582        

statute, rule, or amendment is procedural or budgetary in nature,  5,583        

or governs the organization or operation of a state agency, and    5,584        

will not affect the substantive rights or obligations of any       5,585        

person other than a state agency or an employee or contractor of   5,586        

a state agency.                                                                 

      (F)  The insufficiency, incompleteness, or inadequacy of a   5,588        

statement, information, documentation, or a summary of             5,590        

information or documentation provided in accordance with division  5,591        

(B) or (D) of this section shall not be grounds for invalidation   5,592        

of any statute, rule, or amendment to a rule.                      5,593        

      (G)  This section applies only to the following:             5,595        

      (1)  Legislation and components of legislation dealing with  5,598        

environmental protection that are introduced in the general                     

assembly after March 5, 1996;                                      5,600        

      (2)  Rules and rule amendments dealing with environmental    5,603        

protection that are filed with the joint committee on agency rule  5,604        

review in accordance with division (D) of section 111.15 or        5,605        

division (H) of section 119.03 of the Revised Code after March 5,  5,606        

1996.                                                                           

      Sec. 127.18.  (A)  As used in this section:                  5,615        

      (1)  "Rule-making agency" has the same meaning as in         5,617        

division (I) of section 119.01 of the Revised Code.                5,618        

      (2)  "Rule" includes the adoption, amendment, or rescission  5,620        

                                                          130    


                                                                 
of a rule.                                                         5,621        

      (3)  "Proposed rule" means the original version of a         5,623        

proposed rule, and each revised version of the same proposed       5,624        

rule, that is filed with the joint committee on agency rule        5,625        

review under division (D) of section 111.15 or division (H) of     5,626        

section 119.03 of the Revised Code.                                5,627        

      (B)  A rule-making agency shall prepare, in the form         5,629        

prescribed by the joint committee on agency rule review under      5,630        

division (E) of this section, a complete and accurate rule         5,631        

summary and fiscal analysis of each proposed rule that it files    5,632        

under division (D) of section 111.15 or division (H) of section    5,633        

119.03 of the Revised Code.  The rule summary and fiscal analysis  5,634        

shall include all of the following information:                    5,635        

      (1)  The name, address, and telephone number of the          5,637        

rule-making agency, and the name and telephone number of an        5,638        

individual or office within the agency designated by that agency   5,639        

to be responsible for coordinating and making available            5,640        

information in the possession of the agency regarding the          5,641        

proposed rule;                                                     5,642        

      (2)  The Ohio administrative code rule number of the         5,644        

proposed rule;                                                     5,645        

      (3)  A brief summary of, and the legal basis for, the        5,647        

proposed rule, including citations identifying the statute that    5,648        

prescribes the procedure in accordance with which the rule-making  5,649        

agency is required to adopt the proposed rule, the statute that    5,650        

authorizes the agency to adopt the proposed rule, and the statute  5,651        

that the agency intends to amplify or implement by adopting the    5,652        

proposed rule;                                                     5,653        

      (4)  An estimate, in dollars, of the amount by which the     5,655        

proposed rule would increase or decrease revenues or expenditures  5,656        

during the current biennium;                                       5,657        

      (5)  A citation identifying the appropriation that           5,659        

authorizes each expenditure that would be necessitated by the      5,660        

proposed rule;                                                     5,661        

                                                          131    


                                                                 
      (6)  A summary of the estimated cost of compliance with the  5,663        

rule to all directly affected persons;                             5,664        

      (7)  The reasons why the rule is being proposed;             5,666        

      (8)  If the rule has a fiscal effect on school districts,    5,668        

counties, townships, or municipal corporations, an estimate in     5,669        

dollars of the cost of compliance with the rule, or, if dollar     5,670        

amounts cannot be determined, a written explanation of why it was  5,671        

not possible to ascertain dollar amounts;                                       

      (9)  If the rule has a fiscal effect on school districts,    5,673        

counties, townships, or municipal corporations and is the result   5,674        

of a federal requirement, a clear explanation that the proposed    5,675        

state rule does not exceed the scope and intent of the             5,676        

requirement, or, if the state rule does exceed the minimum                      

necessary federal requirement, a justification of the excess       5,677        

cost, and an estimate of the costs, including those costs for      5,678        

local governments, exceeding the federal requirement;              5,679        

      (10)  If the rule has a fiscal effect on school districts,   5,681        

counties, townships, or municipal corporations, a comprehensive    5,682        

cost estimate that includes the procedure and method of            5,683        

calculating the costs of compliance and identifies major cost      5,684        

categories including personnel costs, new equipment or other       5,685        

capital costs, operating costs, and indirect central service                    

costs related to the rule.  The fiscal analysis shall also         5,686        

include a written explanation of the agency's and the affected     5,687        

local government's ability to pay for the new requirements and a   5,688        

statement of any impact the rule will have on economic             5,689        

development.                                                                    

      (11)  Any other information the joint committee on agency    5,691        

rule review considers necessary to make the proposed rule or the   5,692        

fiscal effect of the proposed rule fully understandable.           5,693        

      (C)  The rule-making agency shall file the rule summary and  5,696        

fiscal analysis in both print and electronic form along with the   5,698        

proposed rule that it files under divisions (D) and (E) of         5,699        

section 111.15 or divisions (B) and (H) of section 119.03 of the   5,700        

                                                          132    


                                                                 
Revised Code. The joint committee on agency rule review shall not  5,701        

accept any proposed rule for filing unless a copy of the rule      5,702        

summary and fiscal analysis of the proposed rule, completely and   5,703        

accurately prepared, is filed along with the proposed rule.        5,704        

      (D)  The joint committee on agency rule review shall review  5,706        

the fiscal effect of each proposed rule that is filed under        5,707        

division (D) of section 111.15 or division (H) of section 119.03   5,708        

of the Revised Code.                                               5,709        

      (E)  The joint committee on agency rule review shall         5,711        

prescribe the form in which each rule-making agency shall prepare  5,712        

its rule summary and fiscal analysis of a proposed rule.           5,713        

      (F)  This section does not require the auditor of state or   5,715        

the auditor of state's designee to prepare or attach a rule        5,716        

summary and fiscal analysis to any copy of a rule proposed under   5,718        

section 117.12, 117.19, 117.38, or 117.43 of the Revised Code.     5,719        

      Sec. 4141.14.  (A)  All rules of the administrator of the    5,728        

bureau of employment services adopted pursuant to this chapter     5,729        

shall be approved by the unemployment compensation review          5,730        

commission before the rules become effective.  All such rules      5,732        

shall specify on their face their effective date and the date on   5,733        

which they will expire, if known.  Approval by the unemployment    5,734        

compensation review commission shall also be required before       5,735        

amendments to, or rescission of, any rules of the administrator    5,736        

adopted pursuant to this chapter become effective.  If the         5,737        

commission disapproves a rule of the administrator, it shall                    

determine and promulgate a rule that it considers appropriate      5,738        

after affording a hearing to the administrator.                    5,739        

      (B)(1)  Any rule promulgated pursuant to this section shall  5,741        

be effective on the tenth day after the day on which the rule in   5,742        

final form and in compliance with division (B)(2) of this section  5,743        

is filed as follows:                                               5,744        

      (a)  The rule shall be filed in both print and electronic    5,747        

form with both the secretary of state and the director of the      5,749        

legislative service commission;                                    5,750        

                                                          133    


                                                                 
      (b)  The rule shall be filed in both print and electronic    5,753        

form with the joint committee on agency rule review.  Division     5,755        

(B)(1)(b) of this section does not apply to any rule to which      5,756        

division (H) of section 119.03 of the Revised Code does not        5,757        

apply.                                                                          

      If all filings are not completed on the same day, the rule   5,759        

shall be effective on the tenth day after the day on which the     5,760        

latest filing is completed.  If the bureau of employment services  5,761        

or the unemployment compensation review commission in adopting a   5,762        

rule pursuant to this chapter designates an effective date that    5,764        

is later than the effective date provided for by this division,    5,765        

the rule if filed as required by this division shall become        5,766        

effective on the later date designated by the bureau or            5,767        

commission.                                                                     

      If the commission or bureau adopts or amends a rule that is  5,770        

subject to division (H) of section 119.03 of the Revised Code,     5,771        

the commission or bureau shall assign a review date to the rule    5,772        

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          5,773        

assigned to a rule exceeds the five-year maximum, the review date  5,774        

for the rule is five years after its effective date.  A rule with  5,775        

a review date is subject to review under section 119.032 of the    5,776        

Revised Code.                                                                   

      (2)  The bureau and commission shall file the rule in        5,778        

compliance with the following standards and procedures:            5,779        

      (a)  The rule shall be numbered in accordance with the       5,781        

numbering system devised by the director for the Ohio              5,782        

administrative code.                                               5,783        

      (b)  The rule shall be prepared and submitted in compliance  5,785        

with the rules of the legislative service commission.              5,786        

      (c)  The rule shall clearly state the date on which it is    5,788        

to be effective and the date on which it will expire, if known.    5,789        

      (d)  Each rule that amends or rescinds another rule shall    5,791        

clearly refer to the rule that is amended or rescinded.  Each      5,792        

                                                          134    


                                                                 
amendment shall fully restate the rule as amended.                 5,793        

      If the director of the legislative service commission or     5,795        

the director's designee gives the bureau of employment services    5,796        

or the unemployment compensation review commission notice          5,797        

pursuant to section 103.05 of the Revised Code that a rule filed   5,798        

by the bureau or review commission is not in compliance with the   5,799        

rules of the legislative service commission, the bureau or review  5,801        

commission shall within thirty days after receipt of the notice                 

conform the rule to the rules of the commission as directed in     5,802        

the notice.                                                                     

      The secretary of state and the director shall preserve the   5,804        

rules filed under division (B)(1)(a) of this section in an         5,805        

accessible manner.  Each such rule shall be a public record open   5,806        

to public inspection and may be transmitted to any law publishing  5,807        

company that wishes to reproduce it.                               5,808        

      (C)  As used in this section:                                5,810        

      (1)  "Rule" includes an amendment or rescission of a rule.   5,812        

      (2)  "Substantive revision" has the same meaning as in       5,814        

division (J) of section 119.01 of the Revised Code.                5,815        

      Sec. 5117.02.  (A)  The tax commissioner shall adopt rules,  5,824        

or amendments and rescissions of rules, for the administration of  5,825        

sections 5117.01 to 5117.12 of the Revised Code.                   5,826        

      (B)  As a means of efficiently administering the program     5,828        

established by sections 5117.01 to 5117.12 of the Revised Code,    5,829        

the tax commissioner may extend, by as much as a total of thirty   5,830        

days, any date specified in such sections for the performance of   5,831        

a particular action by an individual or an officer.                5,832        

      (C)(1)  Except as provided in division (C)(2) of this        5,834        

section, the tax commissioner shall, in accordance with divisions  5,835        

(A), (B), (C), (D), (E), and (H) of section 119.03 and section     5,836        

119.04 of the Revised Code, adopt whatever rules, or amendments    5,837        

or rescissions of rules are required by or are otherwise           5,838        

necessary to implement sections 5117.01 to 5117.12 of the Revised  5,839        

Code.  A rule, amendment, or rescission adopted under this         5,840        

                                                          135    


                                                                 
division is not exempt from the hearing requirements of section    5,841        

119.03 of the Revised Code pursuant to division (G) of that        5,842        

section, or subject to section 111.15 or 5703.14 of the Revised    5,843        

Code.                                                              5,844        

      (2)  If an emergency necessitates the immediate adoption of  5,846        

a rule, or the immediate adoption of an amendment or rescission    5,847        

of a rule that is required by or otherwise necessary to implement  5,848        

sections 5117.01 to 5117.12 of the Revised Code, the tax           5,849        

commissioner may immediately adopt the emergency rule, amendment,  5,850        

or rescission without complying with division (A), (B), (C), (D),  5,851        

(E), or (H) of section 119.03 of the Revised Code so long as the   5,852        

commissioner states the reasons for the necessity in the           5,853        

emergency rule, amendment, or rescission.  The emergency rule,     5,854        

amendment, or rescission is effective on the day the emergency     5,855        

rule, amendment, or rescission, in final form and in compliance    5,856        

with division (A)(2) of section 119.04 of the Revised Code, is     5,857        

filed in both print and electronic form with the secretary of      5,860        

state, the director of the legislative service commission, and     5,861        

the joint committee on agency rule review.  If all filings are     5,862        

not completed on the same day, the emergency rule, amendment, or   5,863        

rescission is effective on the day on which the latest filing is   5,864        

completed.  An emergency rule, amendment, or rescission adopted    5,865        

under this division is not subject to section 111.15, division     5,866        

(F) of section 119.03, or section 5703.14 of the Revised Code.     5,867        

An emergency rule, amendment, or rescission adopted under this     5,868        

division continues in effect until amended or rescinded by the     5,869        

tax commissioner in accordance with division (C)(1) or (2) of      5,870        

this section, except that the rescission of an emergency           5,871        

rescission does not revive the rule rescinded.                     5,872        

      (D)  Except where otherwise provided, each form,             5,874        

application, notice, and the like used in fulfilling the           5,875        

requirements of sections 5117.01 to 5117.12 of the Revised Code    5,876        

shall be approved by the tax commissioner.                         5,877        

      Sec. 5703.14.  (A)  Any rule adopted by the board of tax     5,886        

                                                          136    


                                                                 
appeals and any rule of the department of taxation adopted by the  5,887        

tax commissioner shall be effective on the tenth day after the     5,888        

day on which the rule in final form and in compliance with         5,889        

division (B) of this section is filed by the board or the          5,890        

commissioner as follows:                                           5,891        

      (1)  The rule shall be filed in both print and electronic    5,894        

form with both the secretary of state and the director of the      5,896        

legislative service commission;                                    5,897        

      (2)  The rule shall be filed in both print and electronic    5,900        

form with the joint committee on agency rule review.  Division     5,902        

(A)(2) of this section does not apply to any rule to which         5,903        

division (H) of section 119.03 of the Revised Code does not        5,904        

apply.                                                                          

      If all filings are not completed on the same day, the rule   5,906        

shall be effective on the tenth day after the day on which the     5,907        

latest filing is completed.  If the board or the commissioner in   5,908        

adopting a rule designates an effective date that is later than    5,909        

the effective date provided for by this division, the rule if      5,910        

filed as required by this division shall become effective on the   5,911        

later date designated by the board or commissioner.                5,912        

      (B)  The board and commissioner shall file the rule in       5,914        

compliance with the following standards and procedures:            5,915        

      (1)  The rule shall be numbered in accordance with the       5,917        

numbering system devised by the director for the Ohio              5,918        

administrative code.                                               5,919        

      (2)  The rule shall be prepared and submitted in compliance  5,921        

with the rules of the legislative service commission.              5,922        

      (3)  The rule shall clearly state the date on which it is    5,924        

to be effective and the date on which it will expire, if known.    5,925        

      (4)  Each rule that amends or rescinds another rule shall    5,927        

clearly refer to the rule that is amended or rescinded.  Each      5,928        

amendment shall fully restate the rule as amended.                 5,929        

      If the director of the legislative service commission or     5,931        

the director's designee gives the board or commissioner notice     5,933        

                                                          137    


                                                                 
pursuant to section 103.05 of the Revised Code that a rule filed   5,934        

by the board or commissioner is not in compliance with the rules                

of the legislative service commission, the board or commissioner   5,935        

shall within thirty days after receipt of the notice conform the   5,936        

rule to the rules of the legislative service commission as         5,937        

directed in the notice.                                            5,938        

      All rules of the department and board filed pursuant to      5,940        

division (A)(1) of this section shall be recorded by the           5,941        

secretary of state and the director under the name of the          5,942        

department or board and shall be numbered in accordance with the   5,943        

numbering system devised by the director.  The secretary of state  5,944        

and the director shall preserve the rules in an accessible         5,945        

manner.  Each such rule shall be a public record open to public    5,946        

inspection and may be transmitted to any law publishing company    5,947        

that wishes to reproduce it.  Each such rule shall also be made    5,948        

available to interested parties upon request directed to the       5,949        

department.                                                        5,950        

      (C)  Applications for review of any rule adopted and         5,952        

promulgated by the commissioner may be filed with the board by     5,953        

any person who has been or may be injured by the operation of the  5,954        

rule.  The appeal may be taken at any time after the rule is       5,955        

filed with the secretary of the state, the director of the         5,956        

legislative service commission, and, if applicable, the joint      5,957        

committee on agency rule review.  Failure to file an appeal does   5,958        

not preclude any person from seeking any other remedy against the  5,959        

application of the rule to the person.  The applications shall     5,961        

set forth, or have attached thereto and incorporated by                         

reference, a true copy of the rule, and shall allege that the      5,962        

rule complained of is unreasonable and shall state the grounds     5,963        

upon which the allegation is based.  Upon the filing of the        5,964        

application, the board shall notify the commissioner of the        5,965        

filing of the application, fix a time for hearing the              5,966        

application, notify the commissioner and the applicant of the      5,967        

time for the hearing, and afford both an opportunity to be heard.  5,968        

                                                          138    


                                                                 
The appellant, the tax commissioner, and any other interested      5,969        

persons that the board permits, may introduce evidence.  The       5,970        

burden of proof to show that the rule is unreasonable shall be     5,971        

upon the appellant.  After the hearing, the board shall determine  5,972        

whether the rule complained of is reasonable or unreasonable.  A   5,973        

determination that the rule complained of is unreasonable shall    5,974        

require a majority vote of the three members of the board, and     5,975        

the reasons for the determination shall be entered on the journal  5,976        

of the board.                                                      5,977        

      Upon determining that the rule complained of is              5,979        

unreasonable, the board shall file copies of its determination as  5,980        

follows:                                                           5,981        

      (1)  The determination shall be filed in both print and      5,985        

electronic form with both the secretary of state and the director  5,986        

of the legislative service commission, who shall note the date of  5,987        

their receipt of the certified copies conspicuously in their       5,988        

files of the rules of the department;                              5,989        

      (2)  The determination shall be filed in both print and      5,993        

electronic form with the joint committee on agency rule review.    5,994        

Division (C)(2) of this section does not apply to any rule to      5,995        

which division (H) of section 119.03 of the Revised Code does not  5,996        

apply.                                                             5,997        

      On the tenth day after the determination has been received   6,000        

by the secretary of state, the director, and, if applicable, the   6,001        

joint committee, the rule referred to in the determination shall   6,002        

cease to be in effect.  If all filings of the determination are    6,003        

not completed on the same day, the rule shall remain in effect     6,004        

until the tenth day after the day on which the latest filing is    6,005        

completed.  This section does not apply to licenses issued under   6,006        

sections 5735.02, 5739.17, and 5743.15 of the Revised Code, which  6,007        

shall be governed by sections 119.01 to 119.13 of the Revised      6,008        

Code.                                                                           

      The board is not required to hear an application for the     6,010        

review of any rule where the grounds of the allegation that the    6,011        

                                                          139    


                                                                 
rule is unreasonable have been previously contained in an          6,012        

application for review and have been previously heard and passed   6,013        

upon by the board.                                                 6,014        

      (D)  This section does not apply to the adoption of any      6,016        

rule, or to the amendment or rescission of any rule by the tax     6,017        

commissioner under division (C)(1) or (2) of section 5117.02 of    6,018        

the Revised Code.                                                  6,019        

      (E)  As used in this section, "substantive revision" has     6,021        

the same meaning as in division (J) of section 119.01 of the       6,022        

Revised Code.                                                      6,023        

      Section 7.  That existing sections 103.05, 111.15, 117.20,   6,025        

119.03, 119.031, 119.032, 119.0311, 119.04, 121.24, 121.39,        6,026        

127.18, 4141.14, 5117.02, and 5703.14 of the Revised Code are      6,027        

hereby repealed.                                                                

      Section 8.  Sections 6 and 7 of this act take effect April   6,029        

1, 2002.                                                                        

      Section 9.  Sections 103.051, 103.052, 103.053, 103.054,     6,031        

119.038, and 119.039 of the Revised Code take effect October 1,    6,032        

1999.  Beginning October 1, 1999, the Director of the Legislative  6,033        

Service Commission shall proceed to set up the Register of Ohio    6,034        

for publication.  The director shall first publish the Register    6,035        

of Ohio on July 3, 2000.                                           6,036        

      Section 10.  The amendments to divisions (A) and (B) of      6,038        

section 119.03 of the Revised Code within the purview of Sections  6,039        

1 and 2 of this act, except for the amendments to division (A)(4)  6,041        

of section 119.03 of the Revised Code within the purview of                     

Sections 1 and 2 of this act, take effect July 1, 2000.  The       6,043        

requirement that public notices, original and revised versions of  6,044        

proposed rules, and rule summary and fiscal analyses be published  6,045        

in the Register of Ohio apply both (A) to filings of these         6,046        

documents that occur on or after July 1, 2000, in the course of    6,047        

rule-making proceedings that are pending on that date and (B) to   6,048        

filings of these documents in rule-making proceedings that are     6,049        

commenced on or after July 1, 2000.                                6,050        

                                                          140    


                                                                 
      Section 11.  On and after July 1, 2000, until April 1,       6,052        

2001, an agency's giving public notice of its intention to         6,053        

consider adopting, amending, or rescinding a rule in the Register  6,055        

of Ohio under division (A) of section 119.03 of the Revised Code   6,056        

is not sufficient by itself to give public notice of the agency's  6,057        

intention.  Therefore, on and after July 1, 2000, until April 1,   6,058        

2001, an agency, in addition to giving public notice in the        6,059        

Register of Ohio, shall continue to give public notice of its      6,060        

intention to consider adopting, amending, or rescinding a rule in  6,061        

the same manner as it gave public notice under division (A) of     6,062        

section 119.03 of the Revised Code as the division existed before  6,063        

July 1, 2000.  On and after April 1, 2001, an agency's giving      6,064        

public notice in the Register of Ohio is sufficient by itself to   6,065        

give public notice.                                                             

      Section 12.  Section 119.037 of the Revised Code takes       6,067        

effect April 1, 2001.                                              6,068        

      Section 13.  Sections 9 to 12 of this act are intended       6,070        

gradually to phase in the Register of Ohio as a single source of   6,071        

public information about rule-making proceedings.                  6,072        

      Section 14.  The amendment to division (D) of section        6,074        

111.15 of the Revised Code within the purview of Sections 1 and 2  6,075        

of this act takes effect at the earliest time permitted by law     6,076        

and first applies to rule-making proceedings that are commenced    6,077        

on and after that date.  The amendment does not affect a           6,079        

rule-making proceeding that is pending on its effective date; the  6,081        

proceeding is to be carried through to completion under division                

(D) of section 111.15 of the Revised Code as the division existed  6,082        

at the time the proceeding was commenced.                          6,083        

      Section 15.  The amendments to divisions (A)(4) and (C) of   6,086        

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  6,088        

law and first apply to rule-making proceedings that are commenced  6,089        

on or after that effective date.  The amendments do not affect a   6,090        

rule-making proceeding that is pending on their effective date;    6,091        

                                                          141    


                                                                 
the proceeding is to be carried through to completion under        6,092        

divisions (A)(4) and (C) of section 119.03 of the Revised Code as  6,093        

the divisions existed at the time the proceeding was commenced.    6,094        

      Section 16.  The amendments to division (I) of section       6,097        

119.03 of the Revised Code within the purview of Sections 1 and 2  6,098        

of this act take effect at the earliest time permitted by law and  6,099        

first apply to rule-making proceedings that are subject to         6,100        

division (D) of section 111.15 or division (H) of section 119.03   6,101        

of the Revised Code and that are commenced on or after that        6,103        

effective date.  The amendments do not affect a rule-making                     

proceeding that is subject to division (D) of section 111.15 or    6,105        

division (H) of section 119.03 of the Revised Code and that is     6,106        

pending on their effective date; the proceeding is to be carried   6,107        

through to completion under division (D) of section 111.15 or      6,109        

division (H) of section 119.03 of the Revised Code, and under                   

division (I) of section 119.03 of the Revised Code, as the         6,111        

divisions existed at the time the proceeding was commenced.        6,113        

      Section 17.  Except as otherwise provided in this section,   6,115        

section 119.032 of the Revised Code, as amended within the         6,116        

purview of Sections 1 and 2 of this act, takes effect at the       6,118        

earliest time permitted by law.  The amendment to the fifth        6,119        

sentence of, and the new sentence added to the end of, division    6,120        

(E)(2) of section 119.032 of the Revised Code as amended within    6,121        

the purview of Sections 1 and 2 of this act take effect July 1,    6,123        

2000.                                                                           

      Section 18.  The Director of the Legislative Service         6,125        

Commission shall implement the electronic rule-filing system       6,126        

required by section 103.0511 of the Revised Code according to the  6,128        

following schedule:                                                             

             Task                          Not later than          6,131        

Begin initial set up of electronic          October 1, 1999        6,135        

rule-filing system                                                              

                                                          142    


                                                                 
Complete initial set up of electronic       March 31, 2001         6,138        

rule-filing system                                                              



Begin testing electronic rule-filing        April 1, 2001          6,141        

system as initially set up                                                      



Complete testing electronic rule-filing     September 30, 2001     6,144        

system as initially set up                                                      



Begin final set up of electronic            October 1, 2001        6,147        

rule-filing system                                                              



Complete final set up of electronic         March 31, 2002         6,150        

rule-filing system                                                              



Inaugurate exclusive use of electronic      April 1, 2002          6,153        

rule-filing system                                                              

      In implementing the electronic rule-filing system, time is   6,157        

of the essence.  The director shall complete an implementation                  

period earlier than the date prescribed in the schedule if         6,158        

earlier completion is feasible under the circumstances.  The       6,159        

director may extend a deadline for a reasonable time if            6,160        

circumstances make it infeasible for a deadline to be met without  6,161        

sacrificing the quality or reliability of the system.  In either                

instance, the director as reasonably necessary may adjust          6,162        

subsequent deadlines prescribed in the schedule.  In no event,     6,163        

however, is electronic filing of rules and of rule-making and      6,164        

rule-related documents to be required earlier than April 1, 2001.  6,166        

And nor is the electronic rule filing system to be inaugurated     6,167        

earlier or later than April 1, 2002.                                            

      Section 19.  During the initial set up period of the         6,169        

electronic rule-filing system:                                     6,170        

      (A)  The Director of the Legislative Service Commission      6,172        

shall identify the requirements of the electronic rule-filing      6,173        

                                                          143    


                                                                 
system, prepare a complete list of participants in the system,     6,174        

prepare a comprehensive plan for the system, and take action as    6,175        

necessary to implement the plan.                                                

      (B)  Each other participant in the electronic rule-filing    6,177        

system shall take action as necessary to connect into the system.  6,178        

      During implementation of the plan, the director may conduct  6,180        

field trials of the electronic rule-filing system using other      6,181        

participants in the system the director selects.  An other                      

participant who is selected to participate in a field trial shall  6,182        

cooperate with the director both in the field trial and in its     6,183        

evaluation.                                                                     

      Section 20.  During the testing period of the electronic     6,185        

rule-filing system:                                                             

      (A)  The Governor and each agency shall file rules and       6,187        

rule-making and rule-related documents, and the Director of the    6,188        

Legislative Service Commission, Joint Committee on Agency Rule     6,190        

Review, Secretary of State, Clerk of the Senate, Clerk of the      6,191        

House of Representatives, Office of Small Business, General        6,192        

Assembly, committees of the Senate and House of Representatives,   6,193        

and other participants in the system shall respond to rules and    6,195        

rule-making and rule-related filings, in both paper and                         

electronic form as contemplated by sections 103.05, 111.15,        6,196        

117.20, 119.03, 119.031, 119.032, 119.0311, 119.04, 121.24,        6,197        

121.39, 127.18, 4141.14, 5117.02, and 5703.14 of the Revised Code  6,198        

as they result from Sections 3 and 4 of this act.                               

      (B)  The director and each other participant in the          6,200        

electronic rule-filing system shall test the system, identify      6,201        

deficiencies in its operation, develop plans for correcting the    6,202        

deficiencies, and take action as necessary to implement the        6,203        

corrective plans.                                                               

      Section 21.  During the final set up period of the           6,205        

electronic rule-filing system:                                     6,206        

      (A)  The Governor and each agency shall continue to file     6,208        

rules and rule-making and rule-related documents, and the          6,209        

                                                          144    


                                                                 
Director of the Legislative Service Commission, Joint Committee    6,210        

on Agency Rule Review, Secretary of State, Clerk of the Senate,    6,212        

Clerk of the House of Representatives, Office of Small Business,                

General Assembly, committees of the Senate and House of            6,214        

Representatives, and other participants in the system shall        6,215        

continue to respond to these filings, in both paper and            6,216        

electronic form, as during the testing period.                     6,217        

      (B)  The director and each other participant in the          6,219        

electronic rule-filing system shall complete taking corrective     6,220        

action as necessary to ensure reliable operation of the system     6,221        

upon its inauguration as a means of filing rules and rule-making   6,222        

and rule-related documents exclusively in electronic form.                      

      Section 22.  If during the testing or final set up periods   6,224        

of the electronic rule-filing system there is an expected or       6,225        

unexpected shut down of the whole or part of the system, such as   6,226        

for correction of a deficiency or because of hardware or software  6,227        

failure, the Director of the Legislative Service Commission may    6,228        

temporarily authorize an agency that is required to file rules                  

and other rule-making and related documents in both print and      6,229        

electronic form nevertheless to file rules and other rule-making   6,230        

and rule-related documents in only print form.                     6,231        

      Section 23.  On and after inauguration of the electronic     6,233        

rule-filing system, the Governor and each agency shall file rules  6,234        

and rule-making and rule-related documents, and the Director of    6,235        

the Legislative Service Commission, Joint Committee on Agency      6,236        

Rule Review, Secretary of State, Clerk of the Senate, Clerk of     6,237        

the House of Representatives, Office of Small Business, General                 

Assembly, committees of the Senate and House of Representatives,   6,239        

and other participants in the system shall respond to these        6,240        

filings, exclusively in electronic form as contemplated by         6,241        

sections 103.05, 111.15, 117.20, 119.03, 119.031, 119.032,         6,242        

119.0311, 119.04, 121.24, 121.39, 127.18, 4141.14, 5117.02, and    6,243        

5703.14 of the Revised Code as they result from Sections 6 and 7   6,244        

of this act.                                                                    

                                                          145    


                                                                 
      Section 24.  Notwithstanding any other provision of law, if  6,246        

a rule-making or rule-related document not contemplated by         6,247        

section 103.05, 111.15, 117.20, 119.03, 119.031, 119.032,          6,248        

119.0311, 119.04, 121.24, 121.39, 127.18, 4141.14, 5117.02, or     6,249        

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:     6,250        

      (A)  During the period beginning April 1, 2001, and ending   6,252        

March 31, 2002, in both print and electronic form.                 6,253        

      (B)  On and after April 1, 2002, exclusively in electronic   6,255        

form.                                                                           

      If multiple copies of a document contemplated by this        6,257        

section are required to be filed, the multiple-copy requirement    6,258        

ceases to apply on and after April 1, 2001.  If the effectiveness  6,260        

of a filing is timed with reference to the latest filing, the      6,261        

filing takes effect upon the latest filing to be completed in                   

both print and electronic form between April 1, 2001, and March    6,262        

31, 2002, and upon the latest filing to be completed in            6,263        

electronic form on and after April 1, 2002.                        6,264        

      The Director of the Legislative Service Commission shall     6,266        

keep a record of any document filed under this section and shall   6,267        

recommend legislation to bring its filing requirements into        6,268        

conformity with the Electronic Rule-Filing Act.                                 

      Section 25.  Section 154 of Am. Sub. H.B. 215 of the 122nd   6,270        

General Assembly is hereby repealed.                               6,272        

      Section 26.  The $150 per diem compensation authorized by    6,274        

section 101.35 of the Revised Code as amended by Am. Sub. H.B.     6,275        

215 of the 122nd General Assembly is available only to a member    6,277        

of the Joint Committee on Agency Rule Review whose term in the     6,278        

General Assembly began on or after the effective date of Section                

154 of that act.                                                   6,280        

      Section 27.  (A)  Sections 103.051 to 103.054 and 119.037,   6,282        

119.038, and 119.039 of the Revised Code are to be known as "The   6,283        

Register of Ohio Act."                                             6,284        

      (B)  Sections 103.0511 and 103.0512 of the Revised Code are  6,288        

                                                          146    


                                                                 
to be known as the "Electronic Rule-Filing Act."                                

      (C)  Section 119.0311 of the Revised Code is to be known as  6,291        

the "Guide to Public Participation in Rule-Making Act."            6,292        

      Section 28.  Section 121.24 of the Revised Code is           6,294        

presented in Section 3 of this act as a composite of the section   6,296        

as amended by both Sub. H.B. 473 and Am. Sub. H.B. 538 of the      6,297        

121st General Assembly, with the new language of neither of the    6,299        

acts shown in capital letters.  This is in recognition of the      6,300        

principle stated in division (B) of section 1.52 of the Revised    6,301        

Code that such amendments are to be harmonized where not           6,302        

substantively irreconcilable and constitutes a legislative         6,303        

finding that such is the resulting version in effect prior to      6,304        

April 1, 2001.