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
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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
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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
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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
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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
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(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
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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
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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
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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
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(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;
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(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
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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
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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
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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.