As Passed by the House 1
123rd General Assembly 4
Regular Session Am. 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-FLANNERY-AMSTUTZ-DAMSCHRODER- 11
WILLAMOWSKI-VESPER-SUTTON-GRENDELL-HAINES-HARRIS-MEAD- 12
YOUNG-SULLIVAN-LOGAN-HARTNETT-METZGER-VERICH-DePIERO- 13
WILSON-BRADING-ROMAN-TAYLOR-OPFER-CATES-BARNES-KILBANE- 14
PERZ-PATTON 15
_________________________________________________________________ 16
A B I L L
To amend sections 101.35, 103.05, 103.13, 103.25, 18
111.15, 119.03, and 119.032 and to enact sections 21
103.051, 103.052, 103.053, 103.054, 103.0511,
119.035, 119.037, 119.038, 119.039, and 119.0311 23
of the Revised Code and to repeal Section 154 of
Am. Sub. H.B. 215 of the 122nd General Assembly 24
to improve opportunities for public participation 26
in the rule-making process by enhancing the
ability of the Joint Committee on Agency Rule 27
Review to achieve a quorum, modifying the 28
timeframe for legislative review of proposed
rules, authorizing the Joint Committee and its 29
staff to attend agency rule-making hearings, 30
requiring agency rule-making hearings to be held 31
before Joint Committee hearings, clarifying that 32
rules that are exempt from legislative review 33
because of federal requirements are subject to 34
legislative review if the federal requirement 35
ends, clarifying that rule-making hearings are 37
legislative in form, authorizing public comment 38
2
before and after rule-making hearings, providing
for rule-making hearings to be recorded other 39
than stenographically, authorizing use of 40
advisory committees in the development of rules, 41
requiring publication of a Register of Ohio, and 42
requiring agencies to prepare guides for public 44
participation in rule-making; to make revisions 46
and corrections in the law providing for cyclical
review of rules; to modify the conditions under 48
which compensation is paid to members of the 49
Joint Committee on Agency Rule Review; to amend 51
sections 103.05, 111.15, 117.20, 119.03, 119.031, 52
119.032, 119.0311, 119.04, 121.24, 121.39, 53
127.18, 4141.14, 5117.02, and 5703.14 of the
Revised Code on April 1, 2001, to provide a 55
transition to electronic filing of rules and
related documents; and to amend sections 103.05, 56
111.15, 117.20, 119.03, 119.031, 119.032, 57
119.0311, 119.04, 121.24, 121.39, 127.18,
4141.14, 5117.02, and 5703.14 and to enact 58
section 103.0512 of the Revised Code on April 1,
2002, to provide for rules and related documents 60
to be filed exclusively in electronic form.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 62
Section 1. That sections 101.35, 103.05, 103.13, 103.25, 64
111.15, 119.03, and 119.032 be amended and sections 103.051, 68
103.052, 103.053, 103.054, 103.0511, 119.035, 119.037, 119.038, 69
119.039, and 119.0311 of the Revised Code be enacted to read as 71
follows:
Sec. 101.35. There is hereby created in the general 80
assembly the joint committee on agency rule review. The 81
committee shall consist of five members of the house of 83
3
representatives and five members of the senate. Within fifteen 85
days after the commencement of the first regular session of each 86
general assembly, the speaker of the house of representatives 87
shall appoint the members of the committee from the house of 88
representatives, and the president of the senate shall appoint 90
the members of the committee from the senate. Not more than 92
three of the members from each house shall be of the same 94
political party. In the first regular session of a general 95
assembly, the chairperson of the committee shall be appointed by 96
the speaker of the house from among the house members of the 97
committee, and the vice-chairperson shall be appointed by the 99
president of the senate from among the senate members of the 100
committee. In the second regular session of a general assembly, 101
the chairperson shall be appointed by the president of the senate 102
from among the senate members of the committee, and the 104
vice-chairperson shall be appointed by the speaker of the house 105
from among the house members of the committee. The chairperson, 106
vice-chairperson, and members of the committee shall serve until 108
their respective successors are appointed or until they are no 109
longer members of the general assembly. When a vacancy occurs 110
among the officers or members of the committee, it shall be 112
filled in the same manner as the original appointment. 113
Notwithstanding section 101.26 of the Revised Code, the 115
members, when engaged in their duties as members of the committee 117
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 119
the per diem rate of one hundred fifty dollars, and their 121
necessary traveling expenses, which shall be paid from the funds 122
appropriated for the payment of expenses of legislative 123
committees.
The committee has the same powers as other standing or 125
select committees of the general assembly. Six members 126
constitute a quorum, and the concurrence of six members is 127
required for the recommendation of a concurrent resolution 128
4
invalidating a proposed or effective rule, amendment, rescission, 129
or part thereof, or for the suspension of a rule, amendment, 130
rescission, or part thereof, under division (I) of section 119.03 131
or section 119.031 of the Revised Code. 132
WHEN A MEMBER OF THE COMMITTEE IS ABSENT, THE PRESIDENT OR 134
SPEAKER, AS THE CASE MAY BE, MAY DESIGNATE A SUBSTITUTE FROM THE 135
SAME HOUSE AND POLITICAL PARTY AS THE ABSENT MEMBER. THE 136
SUBSTITUTE SHALL SERVE ON THE COMMITTEE IN THE MEMBER'S ABSENCE, 137
AND IS ENTITLED TO PERFORM THE DUTIES OF A MEMBER OF THE 138
COMMITTEE. FOR SERVING ON THE COMMITTEE, THE SUBSTITUTE SHALL BE 139
PAID THE SAME PER DIEM AND NECESSARY TRAVELING EXPENSES AS THE
SUBSTITUTE WOULD BE ENTITLED TO RECEIVE IF THE SUBSTITUTE WERE A 140
MEMBER OF THE COMMITTEE.
THE PRESIDENT OR SPEAKER SHALL INFORM THE EXECUTIVE 142
DIRECTOR OF THE COMMITTEE OF A SUBSTITUTION. IF THE EXECUTIVE 143
DIRECTOR LEARNS OF A SUBSTITUTION SUFFICIENTLY IN ADVANCE OF THE 144
MEETING OF THE COMMITTEE THE SUBSTITUTE IS TO ATTEND, THE 145
EXECUTIVE DIRECTOR SHALL PUBLISH NOTICE OF THE SUBSTITUTION ON 146
THE INTERNET, MAKE REASONABLE EFFORT TO INFORM OF THE 147
SUBSTITUTION PERSONS WHO ARE KNOWN TO THE EXECUTIVE DIRECTOR TO 148
BE INTERESTED IN RULES THAT ARE SCHEDULED FOR REVIEW AT THE 149
MEETING, AND INFORM OF THE SUBSTITUTION PERSONS WHO INQUIRE OF 150
THE EXECUTIVE DIRECTOR CONCERNING THE MEETING. 151
The committee may meet during periods in which the general 153
assembly has adjourned. At meetings of the committee, the 154
committee may request a rule-making agency, as defined in section 155
119.01 of the Revised Code, to provide information relative to 156
the agency's implementation of its statutory authority. 157
A MEMBER OF THE COMMITTEE, AND THE EXECUTIVE DIRECTOR AND 159
STAFF OF THE COMMITTEE, ARE ENTITLED IN THEIR OFFICIAL CAPACITIES 161
TO ATTEND, BUT NOT IN THEIR OFFICIAL CAPACITIES TO PARTICIPATE 162
IN, A PUBLIC HEARING CONDUCTED BY A RULE-MAKING AGENCY ON A 163
PROPOSED RULE, AMENDMENT, OR RESCISSION.
Sec. 103.05. (A) The director of the legislative service 172
5
commission shall be the codifier of the rules of the 173
administrative agencies of the state. When a rule is filed under 174
section 111.15, 119.04, 4141.14, or 5703.14 of the Revised Code, 175
the director or the director's designee shall examine the rule. 177
If the rule is not numbered or if the numbering of the rule is 178
not in conformity with the system established by the director, 179
the director shall give the rule its proper number by designating 180
the proper number on the left hand margin of the rule. The 181
number shall be the official administrative code number of the 182
rule. Any number so assigned shall be published in any 183
publication of the administrative code. Rules of the 184
administrative code shall be cited and referred to by such 185
official numbers.
The legislative service commission shall, pursuant to 187
section 111.15 of the Revised Code, adopt, amend, and rescind any 188
rules that are necessary to provide a uniform administrative 190
code,; to provide standards for use by the director in
determining whether to include in the administrative code the 192
full text of, or a reference to, any rule filed with the 193
commission, and; to permit the director to discharge the 194
director's duties and exercise the director's powers as described 196
in this section; AND TO PERMIT THE DIRECTOR TO DISCHARGE THE 197
DIRECTOR'S DUTIES AND EXERCISE THE DIRECTOR'S POWERS WITH RESPECT 198
TO ESTABLISHING AND MAINTAINING, AND ENHANCING AND IMPROVING, THE 199
ELECTRONIC RULE-FILING SYSTEM UNDER SECTION 103.0511 OF THE 200
REVISED CODE. 201
When the commission adopts rules to provide standards for 203
use by the director in determining whether to include the full 204
text of, or a reference to, a rule in the administrative code, it 205
shall consider all of the following: 206
(1) Whether the rule applies uniformly to all citizens of 208
the state; 209
(2) Whether the rule applies uniformly to all political 211
subdivisions of the state; 212
6
(3) Whether the rule affects the health, welfare, and 214
safety of the citizens of the state; 215
(4) Whether the rule applies only to the internal affairs 217
of the agency adopting the rule; 218
(5) The number of persons affected by the rule; 220
(6) Whether the rule affects the statutory or 222
constitutional rights of any person. 223
The director or the director's designee shall accept any 225
rule that is filed under section 111.15, 119.04, 4141.14, or 227
5703.14 of the Revised Code. If the director or the director's 228
designee accepts a rule that is not in compliance with the rules 229
of the commission, the director shall give written notice of the 230
noncompliance to the agency that filed the rule within thirty 231
days after the date on which the rule is filed. The notice shall 232
indicate why the rule does not comply with the rules of the 233
commission and how the rule can be brought into compliance. The 234
failure of the director to give an agency notice within the 235
thirty-day period shall presumptively establish that the rule 236
complies with the rules of the commission. 237
(B) The director shall approve as acceptable any 239
publication of the code conforming to the requirements of this 240
division.
An Ohio administrative code approved as acceptable by the 243
director shall:
(1) Contain a compilation of the full text of, or a 245
reference to, each rule filed under sections 111.15, 119.04, 246
4141.14, and 5703.14 of the Revised Code; 247
(2) Presumptively establish the rules of all agencies 249
adopting rules under section 111.15, 4141.14, 5703.14, or Chapter 250
119. of the Revised Code that are in effect on the day of its 251
initial publication; 252
(3) Contain the full text of, or a reference to, each rule 255
adopted after its initial publication and be updated at least 256
quarterly;
7
(4) Contain an index of the rules and references to rules 258
that are included in the code and each supplement using terms 259
easily understood by the general public; 260
(5) Be published in electronic or print format following, 263
to the extent possible, the subject matter arrangement of the 265
Revised Code; 266
(6) Be numbered according to the numbering system devised 268
by the director. 269
(C) If the director does not approve as acceptable any 271
publication of the administrative code, the director, subject to 272
division (D) of this section, may prepare and publish the code, 274
or contract with any person under this division to prepare and 276
publish the code. Any code published under this division shall 277
include all of the requirements of division (B) of this section. 278
In addition, the director shall furnish any code or supplement 279
published under this division to any person who requests the code 281
or supplement upon payment of a charge established by the 282
director, not to exceed the cost of preparation and publication. 283
Upon the request of the director of the legislative service 285
commission under this division, the director of administrative 286
services, in accordance with the competitive selection procedure 287
of Chapter 125. of the Revised Code, shall let a contract for the 288
compilation, preparation, and printing or publication of the 289
administrative code and supplements. 290
(D) The director shall not prepare and publish the 292
administrative code in a print mode or any other mode under 293
division (B) or (C) of this section unless no other person is 294
willing and qualified to publish a version of the code in that 295
mode that the director has approved as acceptable. 296
Sec. 103.051. THE "REGISTER OF OHIO" IS AN ELECTRONIC 300
PUBLICATION THAT FUNCTIONS AS A GAZETTE TO WHICH MEMBERS OF THE 301
PUBLIC MAY READILY RESORT FOR NOTICE OF AND INFORMATION ABOUT 302
RULE-MAKING PROCESSES. THE DIRECTOR OF THE LEGISLATIVE SERVICE 303
COMMISSION SHALL PUBLISH THE REGISTER. THE REGISTER IS TO 304
8
INCLUDE ALL RULE-MAKING DOCUMENTS THAT ARE REQUIRED BY STATUTE TO 306
BE PUBLISHED IN THE REGISTER. THE DIRECTOR SHALL DISPLAY THE
REGISTER FREE OF CHARGE ON THE INTERNET, AND SHALL ENSURE THAT 307
PRINTED COPIES OF ALL OR PART OF A DOCUMENT PUBLISHED IN THE 308
REGISTER CAN BE EASILY PRODUCED BY USERS OF THE INTERNET. 309
THE DIRECTOR, TAKING INTO CONSIDERATION THE PUBLIC NOTICE 311
AND INFORMATION FUNCTIONS PERFORMED BY THE REGISTER, SHALL UPDATE 313
THE REGISTER AT REASONABLE INTERVALS, BUT NOT LESS OFTEN THAN
WEEKLY. THE DIRECTOR SHALL ESTABLISH A REASONABLE DEADLINE 315
BEFORE EACH UPDATING. A DOCUMENT RECEIVED BY THE DIRECTOR ON OR 316
BEFORE A DEADLINE IS TO BE PUBLISHED IN THE REGISTER UPON THE 317
REGISTER'S NEXT UPDATING. THE DIRECTOR SHALL PURGE A DOCUMENT 318
FROM THE REGISTER WHEN ITS DISPLAY NO LONGER SERVES THE PUBLIC 319
NOTICE AND INFORMATION FUNCTIONS PERFORMED BY THE REGISTER. 320
THE DIRECTOR UPON REQUEST OF ANY PERSON SHALL PROVIDE THE 322
PERSON WITH A PRINTED COPY OF ALL OR PART OF A DOCUMENT PUBLISHED 324
IN THE REGISTER. THE DIRECTOR MAY CHARGE AND COLLECT A FEE FOR 325
THIS SERVICE. ANY SUCH FEE IS NOT TO EXCEED THE ACTUAL COST OF 326
PRINTING AND DELIVERING THE PRINTED COPY TO THE PERSON REQUESTING 327
IT. THE DIRECTOR SHALL DEPOSIT THE FEES INTO THE STATE TREASURY 328
TO THE CREDIT OF THE REGISTER OF OHIO FUND. 329
Sec. 103.052. THE DIRECTOR OF THE LEGISLATIVE SERVICE 332
COMMISSION MAY REQUEST AN AGENCY TO PROVIDE THE DIRECTOR WITH 333
ASSISTANCE THAT IS WITHIN THE AGENCY'S COMPETENCE AND THAT IS 334
REASONABLY NECESSARY TO ENSURE THE DIRECTOR'S SUCCESSFUL, 335
EFFICIENT, AND TIMELY ELECTRONIC PUBLICATION OF THE REGISTER OF 337
OHIO.
Sec. 103.053. TO RECOVER A PORTION OF THE COST OF 340
PUBLISHING THE REGISTER OF OHIO, THE DIRECTOR OF THE LEGISLATIVE 342
SERVICE COMMISSION MAY SEEK REIMBURSEMENT FROM AN AGENCY OF 343
ACTUAL COSTS THE DIRECTOR INCURS IN PUBLISHING THE AGENCY'S 344
DOCUMENTS IN THE REGISTER. THE AMOUNT SOUGHT FOR REIMBURSEMENT 345
IS TO BE AN AMOUNT PROPORTIONAL TO THE INTERNET SPACE ALLOCATED 346
TO THE AGENCY FOR PUBLISHING THE AGENCY'S DOCUMENTS IN THE 347
9
REGISTER, AND IS TO BE REDUCED BY THE VALUE OF ASSISTANCE THE 348
AGENCY HAS PROVIDED TO THE DIRECTOR WITH RESPECT TO PUBLICATION 349
OF THE REGISTER. THE DIRECTOR SHALL DEPOSIT REIMBURSEMENTS INTO 350
THE STATE TREASURY TO THE CREDIT OF THE REGISTER OF OHIO FUND. 351
Sec. 103.054. THE REGISTER OF OHIO FUND IS HEREBY CREATED 354
IN THE STATE TREASURY. THE DIRECTOR OF THE LEGISLATIVE SERVICE 355
COMMISSION SHALL USE MONEY IN THE FUND TO DEFRAY COSTS OF 356
PUBLISHING THE REGISTER OF OHIO. INVESTMENT EARNINGS OF THE FUND 359
ARE TO BE CREDITED TO THE FUND.
Sec. 103.0511. THE DIRECTOR OF THE LEGISLATIVE SERVICE 361
COMMISSION SHALL ESTABLISH AND MAINTAIN, AND ENHANCE AND IMPROVE, 362
AN ELECTRONIC RULE-FILING SYSTEM CONNECTING: 363
(A) THE LEGISLATIVE SERVICE COMMISSION, THE JOINT 366
COMMITTEE ON AGENCY RULE REVIEW, THE SECRETARY OF STATE, AND THE
OFFICE OF SMALL BUSINESS; 367
(B) THE GOVERNOR, THE SENATE AND HOUSE OF REPRESENTATIVES, 370
AND THE CLERKS OF THE SENATE AND HOUSE OF REPRESENTATIVES; 371
(C) EACH AGENCY THAT FILES RULES AND OTHER RULE-MAKING AND 374
RULE-RELATED DOCUMENTS WITH THE LEGISLATIVE SERVICE COMMISSION, 375
THE JOINT COMMITTEE ON AGENCY RULE REVIEW, THE GOVERNOR, THE
SECRETARY OF STATE, THE OFFICE OF SMALL BUSINESS, THE GENERAL 376
ASSEMBLY, OR A COMMITTEE OF THE SENATE OR HOUSE OF 377
REPRESENTATIVES UNDER SECTION 111.15, 117.20, 119.03, 119.031, 378
119.032, 119.0311, 119.04, 121.24, 121.39, 127.18, 4141.14, 379
5117.02, OR 5703.14 OF THE REVISED CODE OR ANY OTHER STATUTE; 380
(D) THE SEVERAL PUBLISHERS OF THE ADMINISTRATIVE CODE; AND 384
(E) ANY OTHER PERSON OR GOVERNMENTAL OFFICER OR ENTITY 387
WHOSE INCLUSION IN THE SYSTEM IS REQUIRED FOR THE SYSTEM TO BE A 388
COMPLETE ELECTRONIC RULE-FILING SYSTEM.
THE ELECTRONIC RULE-FILING SYSTEM IS TO ENABLE RULES AND 390
RULE-MAKING AND RULE-RELATED DOCUMENTS TO BE FILED, AND OFFICIAL 391
RESPONSES TO THESE FILINGS TO BE MADE, EXCLUSIVELY BY ELECTRONIC 392
MEANS.
Sec. 103.13. The Ohio legislative service commission 401
10
shall: 402
(A) Conduct research, make investigations, and secure 404
information or data on any subject and make reports thereon to 405
the general assembly; 406
(B) Ascertain facts and make reports concerning the state 408
budget, the revenues and expenditures of the state, and of the 409
organization and functions of the state, its departments, 410
subdivisions, and agencies; 411
(C) Make surveys, investigations, and studies, and compile 413
data, information, and records on any question which may be 414
referred to it by either house of the general assembly or any 415
standing committee of the general assembly; 416
(D) Assist and cooperate with any interim legislative 418
committee or other agency created by the general assembly; 419
(E) Prepare or advise in the preparation of any bill or 421
resolution, when requested by any member of the general assembly; 422
(F) Collect, classify, and index the documents of the 424
state which shall include executive and legislative documents and 425
departmental reports and keep on file all bills, resolutions, and 426
official journals printed by order of either house of the general 427
assembly; 428
(G) Provide members of the general assembly with impartial 430
and accurate information and reports concerning legislative 431
problems in accordance with rules prescribed by the commission; 432
(H) Annually collect the reports required by section 434
4743.01 of the Revised Code and prepare a report evaluating the 435
extent to which state boards and commissions which regulate 436
occupations are financially self-supporting. The report shall be 437
presented to the speaker and the minority leader of the house of 438
representatives, the president and the minority leader of the 439
senate, and the chairman CHAIRPERSON and ranking minority member 440
of the finance committees of both houses, on or before the 442
thirty-first day of December each year. 443
(I) Codify the rules of administrative agencies of the 445
11
state in accordance with the provisions of section 103.05 of the 446
Revised Code; 447
(J) PUBLISH THE REGISTER OF OHIO UNDER SECTION 103.051 OF 450
THE REVISED CODE;
(K) OPERATE THE ELECTRONIC RULE-FILING SYSTEM UNDER 453
SECTION 103.0511 OF THE REVISED CODE. 454
Sec. 103.25. The director of the legislative service 463
commission shall take all necessary measures to protect and 464
maintain the integrity and security of all: 465
(A) ALL legislative AND QUASI-LEGISLATIVE documents stored 468
in an electronic format, including any database that contains the 469
Revised Code or Ohio administrative code; AND 470
(B) THE ELECTRONIC RULE-FILING SYSTEM. 472
Sec. 111.15. (A) As used in this section: 481
(1) "Rule" includes any rule, regulation, bylaw, or 483
standard having a general and uniform operation adopted by an 484
agency under the authority of the laws governing the agency; any 485
appendix to a rule; and any internal management rule. "Rule" 486
does not include any guideline adopted pursuant to section 487
3301.0714 of the Revised Code, any order respecting the duties of 488
employees, any finding, any determination of a question of law or 489
fact in a matter presented to an agency, or any rule promulgated 490
pursuant to Chapter 119., section 4141.14, division (C)(1) or (2) 491
of section 5117.02, or section 5703.14 of the Revised Code. 492
"Rule" includes any amendment or rescission of a rule. 493
(2) "Agency" means any governmental entity of the state 495
and includes, but is not limited to, any board, department, 496
division, commission, bureau, society, council, institution, 497
state college or university, community college district, 498
technical college district, or state community college. "Agency" 499
does not include the general assembly, the controlling board, the 501
adjutant general's department, or any court. 502
(3) "Internal management rule" means any rule, regulation, 504
bylaw, or standard governing the day-to-day staff procedures and 505
12
operations within an agency. 506
(4) "Substantive revision" has the same meaning as in 508
division (J) of section 119.01 of the Revised Code. 509
(B)(1) Any rule, other than a rule of an emergency nature, 511
adopted by any agency pursuant to this section shall be effective 512
on the tenth day after the day on which the rule in final form 513
and in compliance with division (B)(3) of this section is filed 514
as follows: 515
(a) Two certified copies of the rule shall be filed with 517
both the secretary of state and the director of the legislative 518
service commission; 519
(b) Two certified copies of the rule shall be filed with 521
the joint committee on agency rule review. Division (B)(1)(b) of 522
this section does not apply to any rule to which division (D) of 523
this section does not apply. 524
An agency that adopts or amends a rule that is subject to 526
division (D) of this section shall assign a review date to the 528
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 529
assigned to a rule exceeds the five-year maximum, the review date 530
for the rule is five years after its effective date. A rule with 531
a review date is subject to review under section 119.032 of the 532
Revised Code. This paragraph does not apply to a rule of a state 534
college or university, community college district, technical
college district, or state community college. 535
If all copies are not filed on the same day, the rule shall 537
be effective on the tenth day after the day on which the latest 538
filing is made. If an agency in adopting a rule designates an 539
effective date that is later than the effective date provided for 540
by division (B)(1) of this section, the rule if filed as required 541
by such division shall become effective on the later date 542
designated by the agency. 543
Any rule that is required to be filed under division (B)(1) 545
of this section is also subject to division (D) of this section 546
13
if not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), 548
or (8) of this section.
(2) A rule of an emergency nature necessary for the 550
immediate preservation of the public peace, health, or safety 551
shall state the reasons for the necessity. Copies of the 552
emergency rule, in final form and in compliance with division 553
(B)(3) of this section, shall be filed as follows: two certified 554
copies of the emergency rule shall be filed with both the 555
secretary of state and the director of the legislative service 556
commission, and one certified copy of the emergency rule shall be 557
filed with the joint committee on agency rule review. The 558
emergency rule is effective immediately upon the latest filing, 559
except that if the agency in adopting the emergency rule 560
designates an effective date, or date and time of day, that is 561
later than the effective date and time provided for by division 562
(B)(2) of this section, the emergency rule if filed as required 563
by such division shall become effective at the later date, or 564
later date and time of day, designated by the agency. 565
An emergency rule becomes invalid at the end of the 567
ninetieth day it is in effect. Prior to that date, the agency 568
may file the emergency rule as a nonemergency rule in compliance 569
with division (B)(1) of this section. The agency may not refile 570
the emergency rule in compliance with division (B)(2) of this 571
section so that, upon the emergency rule becoming invalid under 572
such division, the emergency rule will continue in effect without 573
interruption for another ninety-day period. 574
(3) An agency shall file a rule under division (B)(1) or 576
(2) of this section in compliance with the following standards 577
and procedures: 578
(a) The rule shall be numbered in accordance with the 580
numbering system devised by the director for the Ohio 581
administrative code. 582
(b) The rule shall be prepared and submitted in compliance 584
with the rules of the legislative service commission. 585
14
(c) The rule shall clearly state the date on which it is 587
to be effective and the date on which it will expire, if known. 588
(d) Each rule that amends or rescinds another rule shall 590
clearly refer to the rule that is amended or rescinded. Each 591
amendment shall fully restate the rule as amended. 592
If the director of the legislative service commission or 594
the director's designee gives an agency written notice pursuant 596
to section 103.05 of the Revised Code that a rule filed by the 597
agency is not in compliance with the rules of the legislative 598
service commission, the agency shall within thirty days after 599
receipt of the notice conform the rule to the rules of the 600
commission as directed in the notice. 601
(C) All rules filed pursuant to divisions (B)(1)(a) and 603
(2) of this section shall be recorded by the secretary of state 604
and the director under the title of the agency adopting the rule 605
and shall be numbered according to the numbering system devised 606
by the director. The secretary of state and the director shall 607
preserve the rules in an accessible manner. Each such rule shall 608
be a public record open to public inspection and may be lent to 609
any law publishing company that wishes to reproduce it. 610
(D) At least sixty SIXTY-FIVE days before a board, 612
commission, department, division, or bureau of the government of 613
the state files a rule under division (B)(1) of this section, it 614
shall file two copies of the full text of the proposed rule with 615
the joint committee on agency rule review, and the proposed rule 617
is subject to legislative review and invalidation under division 619
(I) of section 119.03 of the Revised Code. If a state board, 620
commission, department, division, or bureau makes a substantive 621
revision in a proposed rule after it is filed with the joint 622
committee, the state board, commission, department, division, or 624
bureau shall promptly file two copies of the full text of the 626
proposed rule in its revised form with the joint committee. The 627
latest version of a proposed rule as filed with the joint 628
committee supersedes each earlier version of the text of the same 630
15
proposed rule. Except as provided in division (F) of this 631
section, a state board, commission, department, division, or 632
bureau shall attach one copy of the rule summary and fiscal 633
analysis prepared under section 121.24 or 127.18 of the Revised 634
Code, or both, to each copy of a proposed rule, and to each copy 635
of a proposed rule in revised form, that is filed under this 636
division. 637
As used in this division, "commission" includes the public 639
utilities commission when adopting rules under a federal or state 640
statute.
This division does not apply to any of the following: 642
(1) A proposed rule of an emergency nature; 644
(2) A rule proposed under section 1121.05, 1121.06, 646
1155.18, 1733.412, 4123.29, 4123.34, 4123.341, 4123.342, 4123.40, 647
4123.411, 4123.44, or 4123.442 of the Revised Code; 649
(3) A rule proposed by an agency other than a board, 651
commission, department, division, or bureau of the government of 652
the state; 653
(4) A proposed internal management rule of a board, 655
commission, department, division, or bureau of the government of 656
the state; 657
(5) Any proposed rule that must be adopted verbatim by an 659
agency pursuant to federal law or rule, to become effective 660
within sixty days of adoption, in order to continue the operation 661
of a federally reimbursed program in this state, so long as the 662
proposed rule contains both of the following: 663
(a) A statement that it is proposed for the purpose of 665
complying with a federal law or rule; 666
(b) A citation to the federal law or rule that requires 668
verbatim compliance. 669
(6) An initial rule proposed by the director of health to 671
impose safety standards, quality-of-care standards, and 672
quality-of-care data reporting requirements with respect to a 673
health service specified in section 3702.11 of the Revised Code, 674
16
or an initial rule proposed by the director to impose quality 676
standards on a facility listed in division (A)(4) of section
3702.30 of the Revised Code, if section 3702.12 of the Revised 677
Code requires that the rule be adopted under this section; 678
(7) A rule of the state lottery commission pertaining to 680
instant game rules. 681
IF A RULE IS EXEMPT FROM LEGISLATIVE REVIEW UNDER DIVISION 683
(D)(5) OF THIS SECTION, AND IF THE FEDERAL LAW OR RULE PURSUANT 684
TO WHICH THE RULE WAS ADOPTED EXPIRES, IS REPEALED OR RESCINDED,
OR OTHERWISE TERMINATES, THE RULE IS THEREAFTER SUBJECT TO 685
LEGISLATIVE REVIEW UNDER DIVISION (D) OF THIS SECTION. 686
(E) Whenever a state board, commission, department, 688
division, or bureau files a proposed rule or a proposed rule in 689
revised form under division (D) of this section, it shall also 690
file one copy of the full text of the same proposed rule or 691
proposed rule in revised form with the secretary of state and two 692
copies thereof with the director of the legislative service 693
commission. Except as provided in division (F) of this section, 694
a state board, commission, department, division, or bureau shall 695
attach a copy of the rule summary and fiscal analysis prepared 696
under section 121.24 or 127.18 of the Revised Code, or both, to 697
each copy of a proposed rule or proposed rule in revised form 698
that is filed with the secretary of state or the director of the 699
legislative service commission. 700
(F) Except as otherwise provided in this division, the 702
auditor of state or the auditor of state's designee is not 703
required to attach a rule summary and fiscal analysis to any copy 705
of a proposed rule, or proposed rule in revised form, that the 706
auditor of state proposes under section 117.12, 117.19, 117.38, 708
or 117.43 of the Revised Code and files under division (D) or (E) 709
of this section. If, however, the auditor of state or the 710
designee prepares a rule summary and fiscal analysis of the 711
original version of such a proposed rule for purposes of 712
complying with section 121.24 of the Revised Code, the auditor of 713
17
state or designee shall attach a copy of the rule summary and 714
fiscal analysis to each copy of the original version of the 715
proposed rule filed under division (D) or (E) of this section. 716
Sec. 119.03. In the adoption, amendment, or rescission of 725
any rule, an agency shall comply with the following procedure: 726
(A) Reasonable public notice shall be given IN THE 728
REGISTER OF OHIO at least thirty days prior to the date set for a 730
hearing, in the manner and form and for the length of time as the 731
agency determines and. THE AGENCY SHALL FILE COPIES OF THE 732
PUBLIC NOTICE UNDER DIVISION (B) OF THIS SECTION. (THE AGENCY 733
GIVES PUBLIC NOTICE IN THE REGISTER OF OHIO WHEN THE PUBLIC 734
NOTICE IS PUBLISHED IN THE REGISTER UNDER THAT DIVISION.) 735
THE PUBLIC NOTICE shall include: 738
(1) A statement of the agency's intention to consider 740
adopting, amending, or rescinding a rule; 741
(2) A synopsis of the proposed rule, amendment, or rule to 743
be rescinded or a general statement of the subject matter to 744
which the proposed rule, amendment, or rescission relates; 745
(3) A statement of the reason or purpose for adopting, 747
amending, or rescinding the rule; 748
(4) The date, time, and place of a hearing on the proposed 750
action, which shall be not earlier than thirty THE THIRTY-FIRST 751
nor later than fifty days THE FORTIETH DAY after the proposed 753
rule, amendment, or rescission is filed under division (B) of 755
this section. In
IN addition to public notice GIVEN IN THE REGISTER OF OHIO, 758
the agency may give whatever other notice it REASONABLY considers 760
necessary TO ENSURE NOTICE CONSTRUCTIVELY IS GIVEN TO ALL PERSONS 761
WHO ARE SUBJECT TO OR AFFECTED BY THE PROPOSED RULE, AMENDMENT, 762
OR RESCISSION. Each agency shall adopt a rule setting forth in 763
detail the method that the agency shall follow in giving public 764
notice as to the adoption, amendment, or rescission of rules. The 766
rule shall require the
THE agency to SHALL provide A COPY OF the public notice 769
18
required under division (A) of this section to any person who 770
requests it and pays a reasonable fee, not to exceed the cost of 771
copying and mailing. The methods used for notification may 772
include, but are not limited to, mailing notices to all 773
subscribers on a mailing list or mailing notices in addressed, 774
stamped envelopes provided by the person requesting the notice. 775
(B) One copy of the full text of the proposed rule, 777
amendment, or rule to be rescinded, accompanied by one copy of 778
the public notice required under division (A) of this section, 779
shall be filed with the secretary of state. Two copies of the 780
full text of the proposed rule, amendment, or rule to be 781
rescinded, accompanied by two copies of the public notice 782
required under division (A) of this section, shall be filed with 783
the director of the legislative service commission. (If in 784
compliance with this division an agency files more than one 785
proposed rule, amendment, or rescission at the same time, and has 786
given PREPARED a public notice under division (A) of this section 788
that applies to more than one of the proposed rules, amendments, 790
or rescissions, the agency shall file only one copy of the notice 791
with the secretary of state and only two copies of the notice 792
with the director for all of the proposed rules, amendments, or 793
rescissions to which the notice applies.) The proposed rule, 794
amendment, or rescission and public notice shall be filed as 795
required by this division at least sixty SIXTY-FIVE days prior to 797
the date on which the agency, in accordance with division (D) of 798
this section, issues an order adopting the proposed rule, 799
amendment, or rescission. The 800
THE proposed rule, amendment, or rescission shall be 803
available for at least thirty days prior to the date of the
hearing at the office of the agency in printed or other legible 804
form without charge to any person affected by the proposal. 805
Failure to furnish such text to any person requesting it shall 806
not invalidate any action of the agency in connection therewith. 807
If 808
19
IF the agency files a substantive revision in the text of 810
the proposed rule, amendment, or rescission under division (H) of 811
this section, it shall also promptly file one copy of the full 812
text of the proposed rule, amendment, or rescission in its 813
revised form with the secretary of state and two copies thereof 814
with the director of the legislative service commission. The 815
THE agency shall attach a copy of the rule summary and 818
fiscal analysis prepared under section 121.24 or 127.18 of the 819
Revised Code, or both, to each copy of a proposed rule, 820
AMENDMENT, OR RESCISSION or proposed rule, AMENDMENT, OR 821
RESCISSION in revised form that is filed with the secretary of 822
state or the director of the legislative service commission. 823
THE DIRECTOR OF THE LEGISLATIVE SERVICE COMMISSION SHALL 825
PUBLISH IN THE REGISTER OF OHIO THE FULL TEXT OF THE ORIGINAL AND 827
EACH REVISED VERSION OF A PROPOSED RULE, AMENDMENT, OR 828
RESCISSION; THE FULL TEXT OF A PUBLIC NOTICE; AND THE FULL TEXT 830
OF A RULE SUMMARY AND FISCAL ANALYSIS THAT IS FILED WITH THE 831
DIRECTOR UNDER THIS DIVISION.
(C) On the date and at the time and place designated in 833
the notice, the agency shall conduct a public hearing at which 834
any person affected by the proposed action of the agency may 835
appear and be heard in person, by his THE PERSON'S attorney, or 836
both, may present his THE PERSON'S position, arguments, or 838
contentions, orally or in writing, offer and examine witnesses, 840
and present evidence tending to show that the proposed rule, 841
amendment, or rescission, if adopted or effectuated, will be 842
unreasonable or unlawful. AN AGENCY MAY PERMIT PERSONS AFFECTED 843
BY THE PROPOSED RULE, AMENDMENT, OR RESCISSION TO PRESENT THEIR 844
POSITIONS, ARGUMENTS, OR CONTENTIONS IN WRITING, NOT ONLY AT THE 845
HEARING, BUT ALSO FOR A REASONABLE PERIOD BEFORE, AFTER, OR BOTH 846
BEFORE AND AFTER THE HEARING. A PERSON WHO PRESENTS A POSITION 847
OR ARGUMENTS OR CONTENTIONS IN WRITING BEFORE OR AFTER THE 848
HEARING IS NOT REQUIRED TO APPEAR AT THE HEARING. 849
At the hearing, the testimony, rulings on the admissibility 851
20
of evidence, and proffers of evidence shall be recorded by 852
stenographic means. Such record shall be made at the expense of 853
the agency. THE AGENCY IS REQUIRED TO TRANSCRIBE A RECORD THAT 855
IS NOT SIGHT READABLE ONLY IF A PERSON REQUESTS TRANSCRIPTION OF 856
ALL OR PART OF THE RECORD AND AGREES TO REIMBURSE THE AGENCY FOR 857
THE COSTS OF THE TRANSCRIPTION. AN AGENCY MAY REQUIRE THE PERSON 858
TO PAY IN ADVANCE ALL OR PART OF THE COST OF THE TRANSCRIPTION. 860
In any hearing under this section the agency may administer 862
oaths or affirmations. 863
The agency shall pass upon the admissibility of evidence, 865
but the person affected may at the time make objection to the 866
ruling of the agency, and if the agency refuses to admit evidence 867
the person offering the evidence shall make a proffer of the 868
evidence, and the proffer shall be made a part of the record of 869
such hearing. 870
(D) After complying with divisions (A), (B), (C), and (H) 872
of this section, and when the time for legislative review and 873
invalidation under division (I) of this section has expired, the 874
agency may issue an order adopting the proposed rule or the 875
proposed amendment or rescission of the rule, consistent with the 876
synopsis or general statement included in the public notice. At 877
that time the agency shall designate the effective date of the 878
rule, amendment, or rescission, which shall not be earlier than 879
the tenth day after the rule, amendment, or rescission has been 880
filed in its final form as provided in section 119.04 of the 881
Revised Code. 882
(E) Prior to the effective date of a rule, amendment, or 884
rescission, the agency shall make a reasonable effort to inform 885
those affected by the rule, amendment, or rescission and to have 886
available for distribution to those requesting it the full text 887
of the rule as adopted or as amended. 888
(F) If the governor, upon the request of an agency, 890
determines that an emergency requires the immediate adoption, 891
amendment, or rescission of a rule, he THE GOVERNOR shall issue a 893
21
written order, a copy of which shall be filed with the secretary 894
of state, the director of the legislative service commission, and 895
the joint committee on agency rule review, that the procedure 896
prescribed by this section with respect to the adoption, 897
amendment, or rescission of a specified rule is suspended. The 898
agency may then adopt immediately the emergency rule, amendment, 899
or rescission and it becomes effective on the date copies of the 900
rule, amendment, or rescission, in final form and in compliance 901
with division (A)(2) of section 119.04 of the Revised Code, are 902
filed as follows: two certified copies of the emergency rule, 903
amendment, or rescission shall be filed with both the secretary 904
of state and the director of the legislative service commission, 905
and one certified copy of the emergency rule, amendment, or 906
rescission shall be filed with the joint committee on agency rule 907
review. If all copies are not filed on the same day, the 908
emergency rule, amendment, or rescission shall be effective on 909
the day on which the latest filing is made. The THE DIRECTOR 910
SHALL PUBLISH THE FULL TEXT OF THE EMERGENCY RULE, AMENDMENT, OR 911
RESCISSION IN THE REGISTER OF OHIO. 912
THE emergency rule, amendment, or rescission shall become 915
invalid at the end of the ninetieth day it is in effect. Prior 916
to that date the agency may adopt the emergency rule, amendment, 917
or rescission as a nonemergency rule, amendment, or rescission by 918
complying with the procedure prescribed by this section for the 919
adoption, amendment, and rescission of nonemergency rules. The 920
agency shall not use the procedure of this division to readopt 921
the emergency rule, amendment, or rescission so that, upon the 922
emergency rule, amendment, or rescission becoming invalid under 923
this division, the emergency rule, amendment, or rescission will 924
continue in effect without interruption for another ninety-day 925
period. This
THIS division does not apply to the adoption of any 927
emergency rule, amendment, or rescission by the tax commissioner 928
under division (C)(2) of section 5117.02 of the Revised Code. 929
22
(G) Rules adopted by an authority within the department of 931
taxation or the bureau of employment services shall be effective 932
without a hearing as provided by this section if the statutes 933
pertaining to such agency specifically give a right of appeal to 934
the board of tax appeals or to a higher authority within the 935
agency or to a court, and also give the appellant a right to a 936
hearing on such appeal. This division does not apply to the 937
adoption of any rule, amendment, or rescission by the tax 938
commissioner under division (C)(1) or (2) of section 5117.02 of 939
the Revised Code, or deny the right to file an action for 940
declaratory judgment as provided in Chapter 2721. of the Revised 941
Code from the decision of the board of tax appeals or of the 942
higher authority within such agency. 943
(H) When any agency files a proposed rule, amendment, or 945
rescission under division (B) of this section, it shall also file 946
with the joint committee on agency rule review two copies of the 947
full text of the proposed rule, amendment, or rule to be 948
rescinded in the same form and two copies of the public notice 949
required under division (A) of this section. (If in compliance 950
with this division an agency files more than one proposed rule, 951
amendment, or rescission at the same time, and has given a public 952
notice under division (A) of this section that applies to more 953
than one of the proposed rules, amendments, or rescissions, the 954
agency shall file only two copies of the notice with the joint 955
committee for all of the proposed rules, amendments, or 956
rescissions to which the notice applies.) If the agency makes a 957
substantive revision in a proposed rule, amendment, or rescission 958
after it is filed with the joint committee, the agency shall 959
promptly file two copies of the full text of the proposed rule, 960
amendment, or rescission in its revised form with the joint 961
committee. The latest version of a proposed rule, amendment, or 962
rescission as filed with the joint committee supersedes each 963
earlier version of the text of the same proposed rule, amendment, 964
or rescission. An agency shall attach one copy of the rule 965
23
summary and fiscal analysis prepared under section 121.24 or 966
127.18 of the Revised Code, or both, to each copy of a proposed 967
rule, amendment, or rescission, and to each copy of a proposed 968
rule, amendment, or rescission in revised form, that is filed 969
under this division. 970
This division does not apply to: 972
(1) An emergency rule, amendment, or rescission; 974
(2) Any proposed rule, amendment, or rescission that must 976
be adopted verbatim by an agency pursuant to federal law or rule, 977
to become effective within sixty days of adoption, in order to 978
continue the operation of a federally reimbursed program in this 979
state, so long as the proposed rule contains both of the 980
following: 981
(a) A statement that it is proposed for the purpose of 983
complying with a federal law or rule; 984
(b) A citation to the federal law or rule that requires 986
verbatim compliance. 987
IF A RULE OR AMENDMENT IS EXEMPT FROM LEGISLATIVE REVIEW 989
UNDER DIVISION (H)(2) OF THIS SECTION, AND IF THE FEDERAL LAW OR 990
RULE PURSUANT TO WHICH THE RULE OR AMENDMENT WAS ADOPTED EXPIRES, 991
IS REPEALED OR RESCINDED, OR OTHERWISE TERMINATES, THE RULE OR 993
AMENDMENT, OR ITS RESCISSION, IS THEREAFTER SUBJECT TO 994
LEGISLATIVE REVIEW UNDER DIVISION (H) OF THIS SECTION. 996
(I)(1) The joint committee on agency rule review may 998
recommend the adoption of a concurrent resolution invalidating a 999
proposed rule, amendment, rescission, or part thereof if it finds 1,000
any of the following: 1,001
(a) That the rule-making agency has exceeded the scope of 1,003
its statutory authority in proposing the rule, amendment, or 1,004
rescission; 1,005
(b) That the proposed rule, amendment, or rescission 1,007
conflicts with another rule, amendment, or rescission adopted by 1,008
the same or a different rule-making agency; 1,009
(c) That the proposed rule, amendment, or rescission 1,011
24
conflicts with the legislative intent in enacting the statute 1,012
under which the rule-making agency proposed the rule, amendment, 1,013
or rescission; 1,014
(d) That the rule-making agency has failed to prepare a 1,016
complete and accurate rule summary and fiscal analysis of the 1,017
proposed rule, amendment, or rescission as required by section 1,018
121.24 or 127.18 of the Revised Code, or both. 1,019
THE JOINT COMMITTEE SHALL NOT HOLD ITS PUBLIC HEARING ON A 1,021
PROPOSED RULE, AMENDMENT, OR RESCISSION EARLIER THAN THE 1,022
FORTY-FIRST DAY AFTER THE ORIGINAL VERSION OF THE PROPOSED RULE, 1,023
AMENDMENT, OR RESCISSION WAS FILED WITH THE JOINT COMMITTEE. 1,024
The house of representatives and senate may adopt a 1,026
concurrent resolution invalidating a proposed rule, amendment, 1,027
rescission, or part thereof. The concurrent resolution shall 1,028
state which of the specific rules, amendments, rescissions, or 1,029
parts thereof are invalidated. A concurrent resolution 1,030
invalidating a proposed rule, amendment, or rescission shall be 1,031
adopted prior to NOT LATER THAN the sixtieth SIXTY-FIFTH day 1,033
after the original version of the text of the proposed rule, 1,035
amendment, or rescission is filed with the joint committee, 1,036
except that if more than thirty THIRTY-FIVE days after the 1,038
original version is filed the rule-making agency either files a 1,039
revised version of the text of the proposed rule, amendment, or 1,040
rescission, or revises the rule summary and fiscal analysis in 1,041
accordance with division (I)(4) of this section, a concurrent 1,042
resolution invalidating the proposed rule, amendment, or 1,043
rescission shall be adopted prior to NOT LATER THAN the thirtieth 1,044
day after the revised version of the proposed rule or rule 1,045
summary and fiscal analysis is filed. If, after the joint 1,046
committee on agency rule review recommends the adoption of a 1,047
concurrent resolution invalidating a proposed rule, amendment, 1,048
rescission, or part thereof, the house of representatives or 1,049
senate does not, within the time remaining for adoption of the 1,050
concurrent resolution, hold five floor sessions at which its 1,051
25
journal records a roll call vote disclosing a sufficient number 1,052
of members in attendance to pass a bill, the time within which 1,053
that house may adopt the concurrent resolution is extended until 1,054
it has held five such floor sessions. 1,055
Within five days after the adoption of a concurrent 1,057
resolution invalidating a proposed rule, amendment, rescission, 1,058
or part thereof, the clerk of the senate shall send the 1,059
rule-making agency, the secretary of state, and the director of 1,060
the legislative service commission a certified copy of the 1,061
resolution together with a certification stating the date on 1,062
which the resolution takes effect. The secretary of state and 1,063
the director of the legislative service commission shall each 1,064
note the invalidity of the proposed rule, amendment, rescission, 1,065
or part thereof on his copy THEIR COPIES, and shall each remove 1,066
the invalid proposed rule, amendment, rescission, or part thereof 1,068
from the file of proposed rules. The rule-making agency shall 1,069
not proceed to adopt in accordance with division (D) of this 1,070
section, or to file in accordance with division (B)(1) of section 1,071
111.15 of the Revised Code, any version of a proposed rule, 1,072
amendment, rescission, or part thereof that has been invalidated 1,073
by concurrent resolution. 1,074
Unless the house of representatives and senate adopt a 1,076
concurrent resolution invalidating a proposed rule, amendment, 1,077
rescission, or part thereof within the time specified by this 1,078
division, the rule-making agency may proceed to adopt in 1,079
accordance with division (D) of this section, or to file in 1,080
accordance with division (B)(1) of section 111.15 of the Revised 1,081
Code, the latest version of the proposed rule, amendment, or 1,082
rescission as filed with the joint committee. If by concurrent 1,083
resolution certain of the rules, amendments, rescissions, or 1,084
parts thereof are specifically invalidated, the rule-making 1,085
agency may proceed to adopt, in accordance with division (D) of 1,086
this section, or to file in accordance with division (B)(1) of 1,087
section 111.15 of the Revised Code, the latest version of the 1,088
26
proposed rules, amendments, rescissions, or parts thereof as 1,089
filed with the joint committee that are not specifically 1,090
invalidated. The rule-making agency may not revise or amend any 1,091
proposed rule, amendment, rescission, or part thereof that has 1,092
not been invalidated except as provided in this chapter or in 1,093
section 111.15 of the Revised Code. 1,094
(2)(a) A proposed rule, amendment, or rescission that is 1,096
filed with the joint committee under division (H) of this section 1,097
or division (D) of section 111.15 of the Revised Code shall be 1,098
carried over for legislative review to the next succeeding 1,099
regular session of the general assembly if the original or any 1,100
revised version of the proposed rule, amendment, or rescission is 1,101
filed with the joint committee on or after the first day of 1,102
December of any year. 1,103
(b) The latest version of any proposed rule, amendment, or 1,105
rescission that is subject to division (I)(2)(a) of this section, 1,106
as filed with the joint committee, is subject to legislative 1,107
review and invalidation in the next succeeding regular session of 1,108
the general assembly in the same manner as if it were the 1,109
original version of a proposed rule, amendment, or rescission 1,110
that had been filed with the joint committee for the first time 1,111
on the first day of the session. A rule-making agency shall not 1,112
adopt in accordance with division (D) of this section, or file in 1,113
accordance with division (B)(1) of section 111.15 of the Revised 1,114
Code, any version of a proposed rule, amendment, or rescission 1,115
that is subject to division (I)(2)(a) of this section until the 1,116
time for legislative review and invalidation, as contemplated by 1,117
division (I)(2)(b) of this section, has expired. 1,118
(3) Invalidation of any version of a proposed rule, 1,120
amendment, rescission, or part thereof by concurrent resolution 1,121
shall prevent the rule-making agency from instituting or 1,122
continuing proceedings to adopt any version of the same proposed 1,123
rule, amendment, rescission, or part thereof for the duration of 1,124
the general assembly that invalidated the proposed rule, 1,125
27
amendment, rescission, or part thereof unless the same general 1,126
assembly adopts a concurrent resolution permitting the 1,127
rule-making agency to institute or continue such proceedings. 1,128
The failure of the general assembly to invalidate a 1,130
proposed rule, amendment, rescission, or part thereof under this 1,131
section shall not be construed as a ratification of the 1,132
lawfulness or reasonableness of the proposed rule, amendment, 1,133
rescission, or any part thereof or of the validity of the 1,134
procedure by which the proposed rule, amendment, rescission, or 1,135
any part thereof was proposed or adopted. 1,136
(4) In lieu of recommending a concurrent resolution to 1,138
invalidate a proposed rule, amendment, rescission, or part 1,139
thereof because the rule-making agency has failed to prepare a 1,140
complete and accurate fiscal analysis, the joint committee on 1,141
agency rule review may issue, on a one-time basis, for rules, 1,142
amendments, rescissions, or parts thereof that have a fiscal 1,143
effect on school districts, counties, townships, or municipal 1,144
corporations, a written finding that the rule summary and fiscal 1,145
analysis is incomplete or inaccurate and order the rule-making 1,146
agency to revise the rule summary and fiscal analysis and refile 1,147
it with the proposed rule, amendment, rescission, or part 1,148
thereof. If an emergency rule is filed as a nonemergency rule 1,149
before the end of the ninetieth day of the emergency rule's 1,150
effectiveness, and the joint committee issues a finding and 1,151
orders the rule-making agency to refile under division (I)(4) of 1,152
this section, the governor may also issue a written order stating 1,153
that the emergency rule shall remain in effect for an additional 1,154
sixty days after the ninetieth day of the emergency rule's 1,155
effectiveness. Copies of the governor's written orders shall be 1,156
filed in accordance with division (F) of this section. The joint 1,157
committee shall send the rule-making agency, the secretary of 1,158
state, and the director of the legislative service commission a 1,159
certified copy of the order to revise the rule summary and fiscal 1,160
analysis, which shall take immediate effect. 1,161
28
A written order issued under division (I)(4) of this 1,163
section shall prevent the rule-making agency from instituting or 1,164
continuing proceedings to adopt any version of the proposed rule, 1,165
amendment, rescission, or part thereof until the rule-making 1,166
agency revises the rule summary and fiscal analysis and refiles 1,167
it with the joint committee along with the proposed rule, 1,168
amendment, rescission, or part thereof. If the joint committee 1,169
finds the rule summary and fiscal analysis to be complete and 1,170
accurate, the joint committee shall issue a new written order 1,171
noting that the rule-making agency has revised and refiled a 1,172
complete and accurate rule summary and fiscal analysis. The 1,173
joint committee shall send the rule-making agency, the secretary 1,174
of state, and the director of the legislative service commission 1,175
a certified copy of this new order. The secretary of state and 1,176
the director of the legislative service commission shall each 1,177
attach this order to their copies of the proposed rule, 1,178
amendment, rescission, or part thereof. The rule-making agency 1,179
may then proceed to adopt in accordance with division (D) of this 1,180
section, or to file in accordance with division (B)(1) of section 1,181
111.15 of the Revised Code, the proposed rule, amendment, 1,182
rescission, or part thereof that was subject to the written 1,183
finding and order under division (I)(4) of this section. If the 1,184
joint committee determines that the revised rule summary and 1,185
fiscal analysis is still inaccurate or incomplete, the joint 1,186
committee shall recommend the adoption of a concurrent resolution 1,187
in accordance with division (I)(1) of this section. 1,188
Sec. 119.032. (A) As used in this section: 1,197
(1) "Agency" includes both an agency as defined in 1,199
division (A)(2) of section 111.15 and an agency as defined in 1,200
division (A) of section 119.01 of the Revised Code. 1,201
(2) "Review date" means the review date assigned to a rule 1,203
by an agency under division (B) or (E)(2) of this section or 1,204
under section 111.15, 119.04, or 4141.14 of the Revised Code or a 1,207
review date assigned to a rule by the joint committee on agency
29
rule review under division (B) of this section. 1,208
(3)(a) "Rule" means only a rule whose adoption, amendment, 1,210
or rescission is subject to review under division (D) of section 1,213
111.15 or division (H) of section 119.03 of the Revised Code. 1,214
(b) "Rule" does not include a rule adopted, amended, or 1,217
rescinded by the department of taxation under section 5703.14 of
the Revised Code, a rule of a state college or university, 1,218
community college district, technical college district, or state 1,219
community college, or a rule that is consistent with and 1,220
equivalent to the form required by a federal law and that does 1,221
not exceed the minimum scope and intent of that federal law. 1,222
(B) Within one hundred eighty days after the effective 1,225
date of this section NOT LATER THAN MARCH 25, 1997, each agency 1,226
shall assign a review date to each of its rules that is currently 1,227
in effect and shall notify the joint committee on agency rule 1,228
review of the review date for each such rule. The agency shall 1,229
assign review dates to its rules so that approximately one-fifth 1,230
of the rules are scheduled for review during each calendar year 1,231
of the five-year period that begins one hundred eighty days after 1,232
the effective date of this section MARCH 25, 1997, except that an 1,233
agency, with the joint committee's approval, may set a review 1,235
schedule for the agency's rules in which there is no requirement 1,236
that approximately one-fifth of the agency's rules be assigned a 1,237
review date during each calendar year of the five-year period but 1,238
in which all of the agency's rules are assigned a review date 1,239
during that five-year period. An agency may change the review 1,240
dates it has assigned to specific rules so long as the agency
complies with the five-year time deadline specified in this 1,241
division. Upon 1,242
UPON the request of the agency that adopted the rule, the 1,245
joint committee on agency rule review may assign EXTEND a review 1,246
date to OF a rule TO A DATE that is not later than one hundred 1,248
twenty EIGHTY days after the original review date assigned to the 1,249
rule by the agency under this division, division (E)(2) of this 1,250
30
section, or section 111.15, 119.04, or 4141.14 of the Revised 1,251
Code. The joint committee may FURTHER extend for not longer than 1,252
sixty days a review date it THAT has assigned to a rule BEEN 1,253
EXTENDED under this division PARAGRAPH IF APPROPRIATE UNDER THE 1,254
CIRCUMSTANCES.
(C) Prior to the review date of a rule, the agency that 1,257
adopted the rule shall review the rule to determine all of the
following: 1,258
(1) Whether the rule should be continued without 1,260
amendment, be amended, or be rescinded, taking into consideration 1,261
the purpose, scope, and intent of the statute under which the 1,262
rule was adopted;
(2) Whether the rule needs amendment or rescission to give 1,264
more flexibility at the local level; 1,266
(3) Whether the rule needs amendment or rescission to 1,268
eliminate unnecessary paperwork; 1,270
(4) Whether the rule duplicates, overlaps with, or 1,272
conflicts with other rules. 1,273
(D) In making the review required under division (C) of 1,276
this section, the agency shall consider the continued need for 1,277
the rule, the nature of any complaints or comments received 1,278
concerning the rule, and any relevant factors that have changed 1,279
in the subject matter area affected by the rule.
(E)(1) At least ninety days ON OR before the designated 1,282
review date of a rule, the agency that adopted the rule shall
provide the joint committee on agency rule review with a notice 1,283
PROCEED under division (E)(2) OR (5) of this section indicating 1,285
TO INDICATE that the agency has reviewed the rule. 1,287
(2) If the agency has determined that the rule does not 1,289
need to be amended or rescinded, the notice AGENCY shall state 1,290
FILE ALL THE FOLLOWING WITH THE JOINT COMMITTEE ON AGENCY RULE 1,292
REVIEW, THE SECRETARY OF STATE, AND THE DIRECTOR OF THE 1,293
LEGISLATIVE SERVICE COMMISSION: A COPY OF THE RULE, A STATEMENT 1,294
OF the agency's determination, provide AND an accurate rule 1,296
31
summary and fiscal analysis for the rule as described in section 1,298
127.18 of the Revised Code, and. THE AGENCY SHALL assign a new 1,299
review date to the rule, which shall not be later than five years 1,301
after the rule's immediately preceding review date. After the 1,302
joint committee has reviewed such a rule for the first time, 1,303
including any rule that was in effect on the effective date of 1,304
this section SEPTEMBER 26, 1996, the agency in its subsequent 1,305
reviews of the rule may provide the same fiscal analysis it 1,306
provided to the joint committee during its immediately preceding 1,307
review of the rule unless any of the conditions described in 1,308
division (B)(4), (5), (6), (8), (9), or (10) of section 127.18 of 1,310
the Revised Code, as they relate to the rule, have appreciably 1,312
changed since the joint committee's immediately preceding review
of the rule. If any of these conditions, as they relate to the 1,313
rule, have appreciably changed, the agency shall provide the 1,314
joint committee with an updated fiscal analysis for the rule. If 1,315
no review date is assigned to a rule, or if a review date 1,316
assigned to a rule exceeds the five-year maximum, the review date 1,317
for the rule is five years after its immediately preceding review 1,318
date. The joint committee shall give public notice IN THE 1,319
REGISTER OF OHIO of the agency's determination each week for four 1,321
consecutive weeks after receiving a notice from the agency under 1,323
division (E)(2) of this section. THE JOINT COMMITTEE SHALL 1,324
TRANSMIT A COPY OF THE NOTICE TO THE DIRECTOR OF THE LEGISLATIVE 1,326
SERVICE COMMISSION. THE DIRECTOR SHALL PUBLISH THE NOTICE IN THE 1,327
REGISTER OF OHIO FOR FOUR CONSECUTIVE WEEKS AFTER ITS RECEIPT. 1,329
(3) During the ninety-day period following the date the 1,331
joint committee receives a notice under division (E)(2) of this 1,333
section but after the four-week period described in division
(E)(2) of this section has ended, the joint committee, by a 1,334
two-thirds vote of the members present, may recommend the 1,335
adoption of a concurrent resolution invalidating the rule if the 1,336
joint committee determines that either of the following applies: 1,337
(a) The agency improperly applied the criteria described 1,340
32
in divisions (C) and (D) of this section in reviewing the rule 1,341
and in recommending its continuance without amendment or 1,342
rescission.
(b) The agency failed to file proper notice with the joint 1,345
committee regarding the rule.
(4) If the joint committee does not take the action 1,347
described in division (E)(3) of this section regarding a rule 1,349
during the ninety-day period after the date the joint committee
receives a notice under division (E)(2) of this section regarding 1,351
that rule, the rule shall continue in effect without amendment
and shall be next reviewed by the joint committee by the date 1,352
designated by the agency in the notice provided to the joint 1,353
committee under division (E)(2) of this section. 1,354
(5) If the agency has determined that a rule reviewed 1,356
under division (C) of this section needs to be amended or 1,358
rescinded, the agency, at least ninety days ON OR before the 1,359
rule's review date, shall file the rule as amended or rescinded 1,360
in accordance with section 111.15, 119.03, or 4141.14 of the 1,361
Revised Code, as applicable. 1,362
(6) Within one hundred eighty days after the effective 1,364
date of this section, each EACH agency shall provide the joint 1,365
committee with a list COPY of the rules that it has determined 1,367
are rules described in division (A)(3)(b) of this section. At a 1,368
time the joint committee designates, each agency shall appear 1,369
before the joint committee and explain why it has determined that 1,370
such rules are rules described in division (A)(3)(b) of this 1,371
section. The joint committee, by a two-thirds vote of the 1,372
members present, may determine that any of such rules are rules 1,373
described in division (A)(3)(a) of this section. After the joint 1,374
committee has made such a determination relating to a rule, the 1,376
agency shall thereafter treat the rule as a rule described in
division (A)(3)(a) of this section. 1,377
(F) If an agency fails to provide the notice to the joint 1,380
committee required under division (E)(2) of this section 1,381
33
regarding a rule or otherwise fails by the rule's review date to 1,382
take any action regarding the rule required by this section, the 1,383
joint committee, by a majority vote of the members present, may 1,384
recommend the adoption of a concurrent resolution invalidating 1,385
the rule. The joint committee shall not recommend the adoption
of such a resolution until it has afforded the agency the 1,386
opportunity to appear before the joint committee to show cause 1,387
why the joint committee should not recommend the adoption of such 1,388
a resolution regarding that rule. 1,389
(G) If the joint committee recommends adoption of a 1,392
concurrent resolution invalidating a rule under division (E)(3) 1,393
or (F) of this section, the adoption of the concurrent resolution 1,394
shall be in the manner described in division (I) of section 1,395
119.03 of the Revised Code. 1,396
Sec. 119.035. AN AGENCY MAY APPOINT AN ADVISORY COMMITTEE 1,399
TO ADVISE THE AGENCY CONCERNING ITS DEVELOPMENT OF A RULE, 1,400
AMENDMENT, OR RESCISSION, AND MAY OTHERWISE CONSULT WITH PERSONS 1,401
REPRESENTING INTERESTS THAT WOULD BE AFFECTED BY THE RULE, 1,402
AMENDMENT, OR RESCISSION WERE IT ACTUALLY TO BE PROPOSED AND 1,403
ADOPTED. UPON AN AGENCY'S REQUEST, THE EXECUTIVE DIRECTOR OR 1,404
ANOTHER OFFICER OR EMPLOYEE OF THE OHIO COMMISSION ON DISPUTE 1,405
RESOLUTION AND CONFLICT MANAGEMENT MAY SERVE AS A GROUP 1,406
FACILITATOR FOR, BUT NOT AS A MEMBER OF, SUCH AN ADVISORY 1,407
COMMITTEE. 1,408
Sec. 119.037. UNLESS EXPLICITLY PROVIDED OTHERWISE BY 1,411
STATUTE, IF A DOCUMENT IS REQUIRED BY STATUTE TO BE PUBLISHED IN 1,412
THE REGISTER OF OHIO, ITS PUBLICATION IN THE REGISTER IS 1,414
SUFFICIENT TO GIVE NOTICE OF THE CONTENT OF THE DOCUMENT TO A 1,415
PERSON WHO IS SUBJECT TO OR AFFECTED BY THE CONTENT. UNTIL THE 1,416
DOCUMENT IS SO PUBLISHED, ITS CONTENT IS NOT VALID AGAINST A 1,417
PERSON WHO DOES NOT HAVE ACTUAL KNOWLEDGE OF THE CONTENT. 1,418
Sec. 119.038. AN AGENCY SHALL PROVIDE THE DIRECTOR OF THE 1,421
LEGISLATIVE SERVICE COMMISSION WITH ASSISTANCE THAT IS WITHIN THE 1,422
AGENCY'S COMPETENCE AND THAT THE DIRECTOR REQUESTS WITH RESPECT 1,423
34
TO ELECTRONIC PUBLICATION OF THE REGISTER OF OHIO. 1,424
Sec. 119.039. AN AGENCY BY MEANS OF AN INTRASTATE TRANSFER 1,427
VOUCHER SHALL PAY TO THE DIRECTOR OF THE LEGISLATIVE SERVICE 1,428
COMMISSION THE AMOUNT THE DIRECTOR SEEKS AS REIMBURSEMENT FROM 1,429
THE AGENCY FOR THE ACTUAL COSTS OF PUBLISHING THE AGENCY'S 1,430
DOCUMENTS IN THE REGISTER OF OHIO. 1,431
Sec. 119.0311. EACH AGENCY SHALL PREPARE AND PUBLISH, AND 1,434
AS IT BECOMES NECESSARY OR ADVISABLE, REVISE AND REPUBLISH, A 1,435
GUIDE TO ITS RULE-MAKING PROCESS THAT FUNCTIONS GENERALLY TO 1,436
ASSIST MEMBERS OF THE PUBLIC WHO PARTICIPATE, OR WHO MAY WISH TO 1,437
PARTICIPATE, IN THE AGENCY'S RULE-MAKING. THE AGENCY'S GUIDE IS 1,438
TO INCLUDE: 1,439
(A) A STATEMENT OF THE AGENCY'S REGULATORY MISSION; 1,442
(B) A DESCRIPTION OF HOW THE AGENCY IS ORGANIZED TO 1,445
ACHIEVE ITS REGULATORY MISSION;
(C) AN EXPLANATION OF RULE-MAKING THE AGENCY IS AUTHORIZED 1,448
OR REQUIRED TO ENGAGE IN TO ACHIEVE ITS REGULATORY MISSION; 1,449
(D) AN EXPLANATION OF THE AGENCY'S RULE-MAKING PROCESS; 1,452
(E) AN INDICATION OF THE POINTS IN THE AGENCY'S 1,455
RULE-MAKING PROCESS AT WHICH MEMBERS OF THE PUBLIC CAN 1,456
PARTICIPATE;
(F) AN EXPLANATION OF HOW MEMBERS OF THE PUBLIC CAN 1,459
PARTICIPATE IN THE AGENCY'S RULE-MAKING PROCESS AT EACH INDICATED 1,460
POINT OF PARTICIPATION; AND 1,461
(G) OTHER INFORMATION THE AGENCY REASONABLY CONCLUDES WILL 1,464
ASSIST MEMBERS OF THE PUBLIC MEANINGFULLY TO PARTICIPATE IN THE 1,465
AGENCY'S RULE-MAKING. 1,466
AN AGENCY'S GUIDE IS NOT TO BE ADOPTED AS A RULE, BUT 1,468
RATHER AS A NARRATIVE EXPLANATION OF THE MATTERS OUTLINED IN THIS 1,470
SECTION. AN AGENCY'S FAILURE TO CONFORM ITS RULE-MAKING PROCESS 1,471
TO ITS GUIDE IS NOT CAUSE FOR INVALIDATING A RULE, AMENDMENT, OR 1,472
RESCISSION ADOPTED BY THE AGENCY.
THE AGENCY SHALL PUBLISH OR REPUBLISH ITS GUIDE BOTH IN THE 1,476
REGISTER OF OHIO AND AS A PRINTED PAMPHLET.
35
THE AGENCY SHALL SUBMIT A COPY OF ITS GUIDE, IN PAMPHLET OR 1,478
PREFERABLY IN ELECTRONIC FORM, TO THE DIRECTOR OF THE LEGISLATIVE 1,479
SERVICE COMMISSION. THE DIRECTOR THEREUPON SHALL PUBLISH THE 1,480
AGENCY'S GUIDE IN THE REGISTER OF OHIO. 1,481
THE AGENCY SHALL PROVIDE A COPY OF ITS PAMPHLET GUIDE TO 1,483
ANY PERSON UPON REQUEST. THE AGENCY MAY CHARGE THE PERSON A FEE 1,484
FOR THIS SERVICE, BUT THE FEE IS NOT TO EXCEED THE PER COPY COST 1,485
OF PRODUCING THE PAMPHLET GUIDE AND THE ACTUAL COST OF DELIVERING 1,486
IT TO THE PERSON. 1,487
Section 2. That existing sections 101.35, 103.05, 103.13, 1,489
103.25, 111.15, 119.03, and 119.032 of the Revised Code are 1,492
hereby repealed.
Section 3. That sections 103.05, 111.15, 117.20, 119.03, 1,494
119.031, 119.032, 119.0311, 119.04, 121.24, 121.39, 127.18, 1,495
4141.14, 5117.02, and 5703.14 of the Revised Code be amended to 1,496
read as follows:
Sec. 103.05. (A) The director of the legislative service 1,505
commission shall be the codifier of the rules of the 1,506
administrative agencies of the state. When a rule is filed under 1,507
section 111.15, 119.04, 4141.14, or 5703.14 of the Revised Code, 1,508
the director or the director's designee shall examine the rule. 1,510
If the rule is not numbered or if the numbering of the rule is 1,511
not in conformity with the system established by the director, 1,512
the director shall give the rule its proper number by designating 1,513
the proper number on the left hand margin of the rule. The 1,514
number shall be the official administrative code number of the 1,515
rule. Any number so assigned shall be published in any 1,516
publication of the administrative code. Rules of the 1,517
administrative code shall be cited and referred to by such 1,518
official numbers.
The legislative service commission shall, pursuant to 1,520
section 111.15 of the Revised Code, adopt, amend, and rescind any 1,521
rules that are necessary to provide a uniform administrative 1,522
code; to provide standards for use by the director in determining 1,524
36
whether to include in the administrative code the full text of, 1,525
or a reference to, any rule filed with the commission; to permit 1,527
the director to discharge the director's duties and exercise the 1,528
director's powers as described in this section; and to permit the
director to discharge the director's duties and exercise the 1,530
director's powers with respect to establishing and maintaining, 1,531
and enhancing and improving, the electronic rule-filing system 1,532
under section 103.0511 of the Revised Code.
When the commission adopts rules to provide standards for 1,534
use by the director in determining whether to include the full 1,535
text of, or a reference to, a rule in the administrative code, it 1,536
shall consider all of the following: 1,537
(1) Whether the rule applies uniformly to all citizens of 1,539
the state; 1,540
(2) Whether the rule applies uniformly to all political 1,542
subdivisions of the state; 1,543
(3) Whether the rule affects the health, welfare, and 1,545
safety of the citizens of the state; 1,546
(4) Whether the rule applies only to the internal affairs 1,548
of the agency adopting the rule; 1,549
(5) The number of persons affected by the rule; 1,551
(6) Whether the rule affects the statutory or 1,553
constitutional rights of any person. 1,554
The director or the director's designee shall accept any 1,556
rule that is filed under section 111.15, 119.04, 4141.14, or 1,558
5703.14 of the Revised Code. If the director or the director's 1,559
designee accepts a rule that is not in compliance with the rules 1,560
of the commission, the director shall give written notice of the 1,561
noncompliance IN BOTH PRINT AND ELECTRONIC FORM to the agency 1,562
that filed the rule within thirty days after the date on which 1,563
the rule is filed. The notice shall indicate why the rule does 1,564
not comply with the rules of the commission and how the rule can 1,565
be brought into compliance. The failure of the director to give 1,566
an agency notice within the thirty-day period shall presumptively 1,567
37
establish that the rule complies with the rules of the 1,568
commission. 1,569
(B) The director shall approve as acceptable any 1,571
publication of the code conforming to the requirements of this 1,572
division.
An Ohio administrative code approved as acceptable by the 1,575
director shall:
(1) Contain a compilation of the full text of, or a 1,577
reference to, each rule filed under sections 111.15, 119.04, 1,578
4141.14, and 5703.14 of the Revised Code; 1,579
(2) Presumptively establish the rules of all agencies 1,581
adopting rules under section 111.15, 4141.14, 5703.14, or Chapter 1,582
119. of the Revised Code that are in effect on the day of its 1,583
initial publication; 1,584
(3) Contain the full text of, or a reference to, each rule 1,587
adopted after its initial publication and be updated at least 1,588
quarterly;
(4) Contain an index of the rules and references to rules 1,590
that are included in the code and each supplement using terms 1,591
easily understood by the general public; 1,592
(5) Be published in electronic or print format following, 1,595
to the extent possible, the subject matter arrangement of the 1,597
Revised Code; 1,598
(6) Be numbered according to the numbering system devised 1,600
by the director. 1,601
(C) If the director does not approve as acceptable any 1,603
publication of the administrative code, the director, subject to 1,604
division (D) of this section, may prepare and publish the code, 1,606
or contract with any person under this division to prepare and 1,608
publish the code. Any code published under this division shall 1,609
include all of the requirements of division (B) of this section. 1,610
In addition, the director shall furnish any code or supplement 1,611
published under this division to any person who requests the code 1,613
or supplement upon payment of a charge established by the 1,614
38
director, not to exceed the cost of preparation and publication. 1,615
Upon the request of the director of the legislative service 1,617
commission under this division, the director of administrative 1,618
services, in accordance with the competitive selection procedure 1,619
of Chapter 125. of the Revised Code, shall let a contract for the 1,620
compilation, preparation, and printing or publication of the 1,621
administrative code and supplements. 1,622
(D) The director shall not prepare and publish the 1,624
administrative code in a print mode or any other mode under 1,625
division (B) or (C) of this section unless no other person is 1,626
willing and qualified to publish a version of the code in that 1,627
mode that the director has approved as acceptable. 1,628
Sec. 111.15. (A) As used in this section: 1,637
(1) "Rule" includes any rule, regulation, bylaw, or 1,639
standard having a general and uniform operation adopted by an 1,640
agency under the authority of the laws governing the agency; any 1,641
appendix to a rule; and any internal management rule. "Rule" 1,642
does not include any guideline adopted pursuant to section 1,643
3301.0714 of the Revised Code, any order respecting the duties of 1,644
employees, any finding, any determination of a question of law or 1,645
fact in a matter presented to an agency, or any rule promulgated 1,646
pursuant to Chapter 119., section 4141.14, division (C)(1) or (2) 1,647
of section 5117.02, or section 5703.14 of the Revised Code. 1,648
"Rule" includes any amendment or rescission of a rule. 1,649
(2) "Agency" means any governmental entity of the state 1,651
and includes, but is not limited to, any board, department, 1,652
division, commission, bureau, society, council, institution, 1,653
state college or university, community college district, 1,654
technical college district, or state community college. "Agency" 1,655
does not include the general assembly, the controlling board, the 1,657
adjutant general's department, or any court. 1,658
(3) "Internal management rule" means any rule, regulation, 1,660
bylaw, or standard governing the day-to-day staff procedures and 1,661
operations within an agency. 1,662
39
(4) "Substantive revision" has the same meaning as in 1,664
division (J) of section 119.01 of the Revised Code. 1,665
(B)(1) Any rule, other than a rule of an emergency nature, 1,667
adopted by any agency pursuant to this section shall be effective 1,668
on the tenth day after the day on which the rule in final form 1,669
and in compliance with division (B)(3) of this section is filed 1,670
as follows: 1,671
(a) Two certified copies of the THE rule shall be filed IN 1,673
BOTH PRINT AND ELECTRONIC FORM with both the secretary of state 1,674
and the director of the legislative service commission; 1,676
(b) Two certified copies of the THE rule shall be filed IN 1,678
BOTH PRINT AND ELECTRONIC FORM with the joint committee on agency 1,679
rule review. Division (B)(1)(b) of this section does not apply 1,681
to any rule to which division (D) of this section does not apply. 1,682
An agency that adopts or amends a rule that is subject to 1,684
division (D) of this section shall assign a review date to the 1,686
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 1,687
assigned to a rule exceeds the five-year maximum, the review date 1,688
for the rule is five years after its effective date. A rule with 1,689
a review date is subject to review under section 119.032 of the 1,690
Revised Code. This paragraph does not apply to a rule of a state 1,692
college or university, community college district, technical
college district, or state community college. 1,693
If all copies are not filed FILINGS ARE NOT COMPLETED on 1,695
the same day, the rule shall be effective on the tenth day after 1,697
the day on which the latest filing is made COMPLETED. If an 1,698
agency in adopting a rule designates an effective date that is 1,700
later than the effective date provided for by division (B)(1) of 1,701
this section, the rule if filed as required by such division 1,702
shall become effective on the later date designated by the 1,703
agency.
Any rule that is required to be filed under division (B)(1) 1,705
of this section is also subject to division (D) of this section 1,706
40
if not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), 1,708
or (8) of this section.
(2) A rule of an emergency nature necessary for the 1,710
immediate preservation of the public peace, health, or safety 1,711
shall state the reasons for the necessity. Copies of the THE 1,712
emergency rule, in final form and in compliance with division 1,713
(B)(3) of this section, shall be filed as follows: two certified 1,714
copies of the emergency rule shall be filed IN BOTH PRINT AND 1,715
ELECTRONIC FORM with both the secretary of state and, the 1,717
director of the legislative service commission, and one certified 1,718
copy of the emergency rule shall be filed with the joint 1,719
committee on agency rule review. The emergency rule is effective 1,720
immediately upon COMPLETION OF the latest filing, except that if 1,722
the agency in adopting the emergency rule designates an effective 1,723
date, or date and time of day, that is later than the effective 1,724
date and time provided for by division (B)(2) of this section, 1,725
the emergency rule if filed as required by such division shall 1,726
become effective at the later date, or later date and time of 1,727
day, designated by the agency.
An emergency rule becomes invalid at the end of the 1,729
ninetieth day it is in effect. Prior to that date, the agency 1,730
may file the emergency rule as a nonemergency rule in compliance 1,731
with division (B)(1) of this section. The agency may not refile 1,732
the emergency rule in compliance with division (B)(2) of this 1,733
section so that, upon the emergency rule becoming invalid under 1,734
such division, the emergency rule will continue in effect without 1,735
interruption for another ninety-day period. 1,736
(3) An agency shall file a rule under division (B)(1) or 1,738
(2) of this section in compliance with the following standards 1,739
and procedures: 1,740
(a) The rule shall be numbered in accordance with the 1,742
numbering system devised by the director for the Ohio 1,743
administrative code. 1,744
(b) The rule shall be prepared and submitted in compliance 1,746
41
with the rules of the legislative service commission. 1,747
(c) The rule shall clearly state the date on which it is 1,749
to be effective and the date on which it will expire, if known. 1,750
(d) Each rule that amends or rescinds another rule shall 1,752
clearly refer to the rule that is amended or rescinded. Each 1,753
amendment shall fully restate the rule as amended. 1,754
If the director of the legislative service commission or 1,756
the director's designee gives an agency written notice pursuant 1,757
to section 103.05 of the Revised Code that a rule filed by the 1,759
agency is not in compliance with the rules of the legislative 1,760
service commission, the agency shall within thirty days after 1,761
receipt of the notice conform the rule to the rules of the 1,762
commission as directed in the notice. 1,763
(C) All rules filed pursuant to divisions (B)(1)(a) and 1,765
(2) of this section shall be recorded by the secretary of state 1,766
and the director under the title of the agency adopting the rule 1,767
and shall be numbered according to the numbering system devised 1,768
by the director. The secretary of state and the director shall 1,769
preserve the rules in an accessible manner. Each such rule shall 1,770
be a public record open to public inspection and may be lent 1,771
TRANSMITTED to any law publishing company that wishes to 1,772
reproduce it.
(D) At least sixty-five days before a board, commission, 1,774
department, division, or bureau of the government of the state 1,775
files a rule under division (B)(1) of this section, it shall file 1,776
two copies of the full text of the proposed rule IN BOTH PRINT 1,777
AND ELECTRONIC FORM with the joint committee on agency rule 1,778
review, and the proposed rule is subject to legislative review 1,780
and invalidation under division (I) of section 119.03 of the 1,781
Revised Code. If a state board, commission, department, 1,782
division, or bureau makes a substantive revision in a proposed 1,783
rule after it is filed with the joint committee, the state board, 1,784
commission, department, division, or bureau shall promptly file 1,786
two copies of the full text of the proposed rule in its revised 1,788
42
form IN BOTH PRINT AND ELECTRONIC FORM with the joint committee. 1,789
The latest version of a proposed rule as filed with the joint 1,790
committee supersedes each earlier version of the text of the same 1,792
proposed rule. Except as provided in division (F) of this 1,793
section, a state board, commission, department, division, or 1,794
bureau shall attach one copy of ALSO FILE the rule summary and 1,795
fiscal analysis prepared under section 121.24 or 127.18 of the 1,797
Revised Code, or both, to each copy of IN BOTH PRINT AND 1,798
ELECTRONIC FORM ALONG WITH a proposed rule, and to each copy of 1,800
ALONG WITH a proposed rule in revised form, that is filed under 1,801
this division.
As used in this division, "commission" includes the public 1,803
utilities commission when adopting rules under a federal or state 1,804
statute.
This division does not apply to any of the following: 1,806
(1) A proposed rule of an emergency nature; 1,808
(2) A rule proposed under section 1121.05, 1121.06, 1,810
1155.18, 1733.412, 4123.29, 4123.34, 4123.341, 4123.342, 4123.40, 1,811
4123.411, 4123.44, or 4123.442 of the Revised Code; 1,813
(3) A rule proposed by an agency other than a board, 1,815
commission, department, division, or bureau of the government of 1,816
the state; 1,817
(4) A proposed internal management rule of a board, 1,819
commission, department, division, or bureau of the government of 1,820
the state; 1,821
(5) Any proposed rule that must be adopted verbatim by an 1,823
agency pursuant to federal law or rule, to become effective 1,824
within sixty days of adoption, in order to continue the operation 1,825
of a federally reimbursed program in this state, so long as the 1,826
proposed rule contains both of the following: 1,827
(a) A statement that it is proposed for the purpose of 1,829
complying with a federal law or rule; 1,830
(b) A citation to the federal law or rule that requires 1,832
verbatim compliance. 1,833
43
(6) An initial rule proposed by the director of health to 1,835
impose safety standards, quality-of-care standards, and 1,836
quality-of-care data reporting requirements with respect to a 1,837
health service specified in section 3702.11 of the Revised Code, 1,838
or an initial rule proposed by the director to impose quality 1,840
standards on a facility listed in division (A)(4) of section
3702.30 of the Revised Code, if section 3702.12 of the Revised 1,841
Code requires that the rule be adopted under this section; 1,842
(7) A rule of the state lottery commission pertaining to 1,844
instant game rules. 1,845
If a rule is exempt from legislative review under division 1,847
(D)(5) of this section, and if the federal law or rule pursuant 1,848
to which the rule was adopted expires, is repealed or rescinded, 1,849
or otherwise terminates, the rule is thereafter subject to 1,850
legislative review under division (D) of this section. 1,851
(E) Whenever a state board, commission, department, 1,853
division, or bureau files a proposed rule or a proposed rule in 1,854
revised form under division (D) of this section, it shall also 1,855
file one copy of the full text of the same proposed rule or 1,856
proposed rule in revised form IN BOTH PRINT AND ELECTRONIC FORM 1,857
with the secretary of state and two copies thereof with the 1,858
director of the legislative service commission. Except as 1,860
provided in division (F) of this section, a state board, 1,861
commission, department, division, or bureau shall attach a copy 1,862
of FILE the rule summary and fiscal analysis prepared under 1,864
section 121.24 or 127.18 of the Revised Code, or both, to each 1,865
copy of IN BOTH PRINT AND ELECTRONIC FORM ALONG WITH a proposed 1,866
rule or proposed rule in revised form that is filed with the 1,868
secretary of state or the director of the legislative service 1,869
commission.
(F) Except as otherwise provided in this division, the 1,871
auditor of state or the auditor of state's designee is not 1,872
required to attach FILE a rule summary and fiscal analysis to any 1,874
copy of ALONG WITH a proposed rule, or proposed rule in revised 1,876
44
form, that the auditor of state proposes under section 117.12, 1,878
117.19, 117.38, or 117.43 of the Revised Code and files under 1,879
division (D) or (E) of this section. If, however, the auditor of 1,880
state or the designee prepares a rule summary and fiscal analysis 1,881
of the original version of such a proposed rule for purposes of 1,882
complying with section 121.24 of the Revised Code, the auditor of 1,883
state or designee shall attach a copy of FILE the rule summary 1,884
and fiscal analysis to each copy of IN BOTH PRINT AND ELECTRONIC 1,885
FORM ALONG WITH the original version of the proposed rule filed 1,886
under division (D) or (E) of this section. 1,887
Sec. 117.20. (A) In adopting rules pursuant to Chapter 1,897
117. of the Revised Code, the auditor of state or the auditor of 1,898
state's designee shall do both of the following: 1,899
(1) Before adopting any such rule, except a rule of an 1,901
emergency nature, do each of the following: 1,902
(a) At least thirty-five days before any public hearing on 1,904
the proposed rule-making action, mail notice of the hearing to 1,905
each public office and to each statewide organization that the 1,906
auditor of state or designee determines will be affected or 1,908
represents persons who will be affected by the proposed 1,909
rule-making action;
(b) Mail a copy of the proposed rule to any person or 1,911
organization that requests a copy within five days after receipt 1,912
of the request; 1,913
(c) Consult with appropriate state and local government 1,915
agencies, or with persons representative of their interests, 1,916
including statewide organizations of local government officials, 1,917
and consult with accounting professionals and other interested 1,918
persons; 1,919
(d) Conduct, on the date and at the time and place 1,921
designated in the notice, a public hearing at which any person 1,922
affected by the proposed rule, including statewide organizations 1,923
of local government officials, may appear and be heard in person, 1,924
by attorney, or both, and may present the person's or 1,925
45
organization's position or contentions orally or in writing. 1,927
(2) Except as otherwise provided in division (A)(2) of 1,929
this section, comply with divisions (B) to (E) of section 111.15 1,930
of the Revised Code. The auditor of state is not required to 1,931
attach FILE a rule summary and fiscal analysis to ALONG WITH any 1,933
copy of a proposed rule, or proposed rule in revised form, that 1,934
is filed with the joint committee on agency rule review, the 1,935
secretary of state, or the director of the legislative service 1,936
commission under division (D) or (E) of section 111.15 of the 1,937
Revised Code; however, if the auditor of state or the auditor of 1,938
state's designee prepares a rule summary and fiscal analysis of 1,940
the original version of a proposed rule for purposes of complying 1,941
with section 121.24 of the Revised Code, the auditor of state or 1,942
designee shall attach FILE a copy of the rule summary and fiscal 1,944
analysis to each copy of IN BOTH PRINT AND ELECTRONIC FORM ALONG 1,945
WITH the original version of the proposed rule filed under 1,947
division (D) or (E) of section 111.15 of the Revised Code.
(B) The auditor of state shall diligently discharge the 1,949
duties imposed by divisions (A)(1)(a), (b), and (c) of this 1,950
section, but failure to mail any notice or copy of a proposed 1,951
rule, or to consult with any person or organization, shall not 1,952
invalidate any rule. 1,953
(C) Notwithstanding any contrary provision of the Revised 1,955
Code, the auditor of state may prepare and disseminate, to public 1,956
offices and other interested persons and organizations, advisory 1,957
bulletins, directives, and instructions relating to accounting 1,958
and financial reporting systems, budgeting procedures, fiscal 1,959
controls, and the constructions by the auditor of state of 1,960
constitutional and statutory provisions, court decisions, and 1,961
opinions of the attorney general. The bulletins, directives, and 1,962
instructions shall be of an advisory nature only. 1,963
(D) As used in this section, "rule" includes the adoption, 1,965
amendment, or rescission of a rule. 1,966
Sec. 119.03. In the adoption, amendment, or rescission of 1,968
46
any rule, an agency shall comply with the following procedure: 1,969
(A) Reasonable public notice shall be given in the 1,971
register of Ohio at least thirty days prior to the date set for a 1,973
hearing, in the form the agency determines. The agency shall 1,974
file copies of the public notice under division (B) of this 1,975
section. (The agency gives public notice in the register of Ohio 1,976
when the public notice is published in the register under that 1,977
division.)
The public notice shall include: 1,980
(1) A statement of the agency's intention to consider 1,982
adopting, amending, or rescinding a rule; 1,983
(2) A synopsis of the proposed rule, amendment, or rule to 1,985
be rescinded or a general statement of the subject matter to 1,986
which the proposed rule, amendment, or rescission relates; 1,987
(3) A statement of the reason or purpose for adopting, 1,989
amending, or rescinding the rule; 1,990
(4) The date, time, and place of a hearing on the proposed 1,992
action, which shall be not earlier than the thirty-first nor 1,994
later than the fortieth day after the proposed rule, amendment, 1,996
or rescission is filed under division (B) of this section. 1,997
In addition to public notice given in the register of Ohio, 2,000
the agency may give whatever other notice it reasonably considers 2,002
necessary to ensure notice constructively is given to all persons 2,003
who are subject to or affected by the proposed rule, amendment, 2,004
or rescission.
The agency shall provide a copy of the public notice 2,007
required under division (A) of this section to any person who 2,008
requests it and pays a reasonable fee, not to exceed the cost of 2,009
copying and mailing. 2,010
(B) One copy of the THE full text of the proposed rule, 2,012
amendment, or rule to be rescinded, accompanied by one copy of 2,013
the public notice required under division (A) of this section, 2,014
shall be filed IN BOTH PRINT AND ELECTRONIC FORM with the 2,015
secretary of state. Two copies of the full text of the proposed 2,017
47
rule, amendment, or rule to be rescinded, accompanied by two 2,018
copies of the public notice required under division (A) of this 2,019
section, shall be filed AND with the director of the legislative 2,020
service commission. (If in compliance with this division an 2,021
agency files more than one proposed rule, amendment, or 2,022
rescission at the same time, and has prepared a public notice 2,023
under division (A) of this section that applies to more than one 2,024
of the proposed rules, amendments, or rescissions, the agency 2,025
shall file only one copy of the notice with the secretary of 2,026
state and only two copies of the notice with the director for all 2,027
of the proposed rules, amendments, or rescissions to which the 2,028
notice applies.) The proposed rule, amendment, or rescission and 2,029
public notice shall be filed as required by this division at 2,030
least sixty-five days prior to the date on which the agency, in 2,031
accordance with division (D) of this section, issues an order 2,032
adopting the proposed rule, amendment, or rescission. 2,033
The proposed rule, amendment, or rescission shall be 2,036
available for at least thirty days prior to the date of the
hearing at the office of the agency in printed or other legible 2,037
form without charge to any person affected by the proposal. 2,038
Failure to furnish such text to any person requesting it shall 2,039
not invalidate any action of the agency in connection therewith. 2,040
If the agency files a substantive revision in the text of 2,042
the proposed rule, amendment, or rescission under division (H) of 2,043
this section, it shall also promptly file one copy of the full 2,044
text of the proposed rule, amendment, or rescission in its 2,045
revised form IN BOTH PRINT AND ELECTRONIC FORM with the secretary 2,046
of state and two copies thereof with the director of the 2,047
legislative service commission. 2,048
The agency shall attach a copy of FILE the rule summary and 2,051
fiscal analysis prepared under section 121.24 or 127.18 of the 2,052
Revised Code, or both, to each copy of IN BOTH PRINT AND 2,053
ELECTRONIC FORM ALONG WITH a proposed rule, amendment, or 2,054
rescission or proposed rule, amendment, or rescission in revised 2,056
48
form that is filed with the secretary of state or the director of 2,057
the legislative service commission.
The director of the legislative service commission shall 2,059
publish in the register of Ohio the full text of the original and 2,061
each revised version of a proposed rule, amendment, or 2,062
rescission; the full text of a public notice; and the full text 2,064
of a rule summary and fiscal analysis that is filed with the 2,065
director under this division.
(C) On the date and at the time and place designated in 2,067
the notice, the agency shall conduct a public hearing at which 2,068
any person affected by the proposed action of the agency may 2,069
appear and be heard in person, by the person's attorney, or both, 2,071
may present the person's position, arguments, or contentions, 2,072
orally or in writing, offer and examine witnesses, and present 2,074
evidence tending to show that the proposed rule, amendment, or 2,075
rescission, if adopted or effectuated, will be unreasonable or 2,076
unlawful. An agency may permit persons affected by the proposed 2,077
rule, amendment, or rescission to present their positions, 2,078
arguments, or contentions in writing, not only at the hearing, 2,079
but also for a reasonable period before, after, or both before 2,080
and after the hearing. A person who presents a position or 2,081
arguments or contentions in writing before or after the hearing 2,082
is not required to appear at the hearing. 2,083
At the hearing, the testimony shall be recorded. Such 2,085
record shall be made at the expense of the agency. The agency is 2,088
required to transcribe a record that is not sight readable only 2,089
if a person requests transcription of all or part of the record 2,090
and agrees to reimburse the agency for the costs of the 2,091
transcription. An agency may require the person to pay in 2,092
advance all or part of the cost of the transcription. 2,093
In any hearing under this section the agency may administer 2,095
oaths or affirmations. 2,096
(D) After complying with divisions (A), (B), (C), and (H) 2,098
of this section, and when the time for legislative review and 2,099
49
invalidation under division (I) of this section has expired, the 2,100
agency may issue an order adopting the proposed rule or the 2,101
proposed amendment or rescission of the rule, consistent with the 2,102
synopsis or general statement included in the public notice. At 2,103
that time the agency shall designate the effective date of the 2,104
rule, amendment, or rescission, which shall not be earlier than 2,105
the tenth day after the rule, amendment, or rescission has been 2,106
filed in its final form as provided in section 119.04 of the 2,107
Revised Code. 2,108
(E) Prior to the effective date of a rule, amendment, or 2,110
rescission, the agency shall make a reasonable effort to inform 2,111
those affected by the rule, amendment, or rescission and to have 2,112
available for distribution to those requesting it the full text 2,113
of the rule as adopted or as amended. 2,114
(F) If the governor, upon the request of an agency, 2,116
determines that an emergency requires the immediate adoption, 2,117
amendment, or rescission of a rule, the governor shall issue a 2,119
written AN order, a copy THE TEXT of which shall be filed IN BOTH 2,120
PRINT AND ELECTRONIC FORM with the AGENCY, THE secretary of 2,121
state, the director of the legislative service commission, and 2,122
the joint committee on agency rule review, that the procedure 2,123
prescribed by this section with respect to the adoption, 2,124
amendment, or rescission of a specified rule is suspended. The 2,125
agency may then adopt immediately the emergency rule, amendment, 2,126
or rescission and it becomes effective on the date copies of the 2,127
rule, amendment, or rescission, in final form and in compliance 2,128
with division (A)(2) of section 119.04 of the Revised Code, are 2,129
filed as follows: two certified copies of the emergency rule, 2,130
amendment, or rescission shall be filed IN BOTH PRINT AND 2,131
ELECTRONIC FORM with both the secretary of state and, the 2,133
director of the legislative service commission, and one certified 2,135
copy of the emergency rule, amendment, or rescission shall be 2,136
filed with the joint committee on agency rule review. If all 2,137
copies are not filed FILINGS ARE NOT COMPLETED on the same day, 2,138
50
the emergency rule, amendment, or rescission shall be effective 2,139
on the day on which the latest filing is made COMPLETED. The 2,140
director shall publish the full text of the emergency rule, 2,142
amendment, or rescission in the register of Ohio. 2,143
The emergency rule, amendment, or rescission shall become 2,146
invalid at the end of the ninetieth day it is in effect. Prior 2,147
to that date the agency may adopt the emergency rule, amendment, 2,148
or rescission as a nonemergency rule, amendment, or rescission by 2,149
complying with the procedure prescribed by this section for the 2,150
adoption, amendment, and rescission of nonemergency rules. The 2,151
agency shall not use the procedure of this division to readopt 2,152
the emergency rule, amendment, or rescission so that, upon the 2,153
emergency rule, amendment, or rescission becoming invalid under 2,154
this division, the emergency rule, amendment, or rescission will 2,155
continue in effect without interruption for another ninety-day 2,156
period.
This division does not apply to the adoption of any 2,158
emergency rule, amendment, or rescission by the tax commissioner 2,159
under division (C)(2) of section 5117.02 of the Revised Code. 2,160
(G) Rules adopted by an authority within the department of 2,162
taxation or the bureau of employment services shall be effective 2,163
without a hearing as provided by this section if the statutes 2,164
pertaining to such agency specifically give a right of appeal to 2,165
the board of tax appeals or to a higher authority within the 2,166
agency or to a court, and also give the appellant a right to a 2,167
hearing on such appeal. This division does not apply to the 2,168
adoption of any rule, amendment, or rescission by the tax 2,169
commissioner under division (C)(1) or (2) of section 5117.02 of 2,170
the Revised Code, or deny the right to file an action for 2,171
declaratory judgment as provided in Chapter 2721. of the Revised 2,172
Code from the decision of the board of tax appeals or of the 2,173
higher authority within such agency. 2,174
(H) When any agency files a proposed rule, amendment, or 2,176
rescission under division (B) of this section, it shall also file 2,177
51
IN BOTH PRINT AND ELECTRONIC FORM with the joint committee on 2,178
agency rule review two copies of the full text of the proposed 2,179
rule, amendment, or rule to be rescinded in the same form and two 2,181
copies of the public notice required under division (A) of this 2,182
section. (If in compliance with this division an agency files 2,183
more than one proposed rule, amendment, or rescission at the same 2,184
time, and has given a public notice under division (A) of this 2,185
section that applies to more than one of the proposed rules, 2,186
amendments, or rescissions, the agency shall file only two copies 2,187
of the ONE notice with the joint committee for all of the 2,189
proposed rules, amendments, or rescissions to which the notice 2,190
applies.) If the agency makes a substantive revision in a 2,191
proposed rule, amendment, or rescission after it is filed with 2,192
the joint committee, the agency shall promptly file two copies of 2,193
the full text of the proposed rule, amendment, or rescission in 2,194
its revised form IN BOTH PRINT AND ELECTRONIC FORM with the joint 2,195
committee. The latest version of a proposed rule, amendment, or 2,196
rescission as filed with the joint committee supersedes each 2,197
earlier version of the text of the same proposed rule, amendment, 2,198
or rescission. An agency shall attach one copy of FILE the rule 2,199
summary and fiscal analysis prepared under section 121.24 or 2,200
127.18 of the Revised Code, or both, to each copy of IN BOTH 2,201
PRINT AND ELECTRONIC FORM ALONG WITH a proposed rule, amendment, 2,202
or rescission, and to each copy of ALONG WITH a proposed rule, 2,204
amendment, or rescission in revised form, that is filed under 2,205
this division.
This division does not apply to: 2,207
(1) An emergency rule, amendment, or rescission; 2,209
(2) Any proposed rule, amendment, or rescission that must 2,211
be adopted verbatim by an agency pursuant to federal law or rule, 2,212
to become effective within sixty days of adoption, in order to 2,213
continue the operation of a federally reimbursed program in this 2,214
state, so long as the proposed rule contains both of the 2,215
following: 2,216
52
(a) A statement that it is proposed for the purpose of 2,218
complying with a federal law or rule; 2,219
(b) A citation to the federal law or rule that requires 2,221
verbatim compliance. 2,222
If a rule or amendment is exempt from legislative review 2,224
under division (H)(2) of this section, and if the federal law or 2,225
rule pursuant to which the rule or amendment was adopted expires, 2,226
is repealed or rescinded, or otherwise terminates, the rule or 2,227
amendment, or its rescission, is thereafter subject to 2,228
legislative review under division (H) of this section. 2,229
(I)(1) The joint committee on agency rule review may 2,231
recommend the adoption of a concurrent resolution invalidating a 2,232
proposed rule, amendment, rescission, or part thereof if it finds 2,233
any of the following: 2,234
(a) That the rule-making agency has exceeded the scope of 2,236
its statutory authority in proposing the rule, amendment, or 2,237
rescission; 2,238
(b) That the proposed rule, amendment, or rescission 2,240
conflicts with another rule, amendment, or rescission adopted by 2,241
the same or a different rule-making agency; 2,242
(c) That the proposed rule, amendment, or rescission 2,244
conflicts with the legislative intent in enacting the statute 2,245
under which the rule-making agency proposed the rule, amendment, 2,246
or rescission; 2,247
(d) That the rule-making agency has failed to prepare a 2,249
complete and accurate rule summary and fiscal analysis of the 2,250
proposed rule, amendment, or rescission as required by section 2,251
121.24 or 127.18 of the Revised Code, or both. 2,252
The joint committee shall not hold its public hearing on a 2,254
proposed rule, amendment, or rescission earlier than the 2,255
forty-first day after the original version of the proposed rule, 2,256
amendment, or rescission was filed with the joint committee. 2,257
The house of representatives and senate may adopt a 2,259
concurrent resolution invalidating a proposed rule, amendment, 2,260
53
rescission, or part thereof. The concurrent resolution shall 2,261
state which of the specific rules, amendments, rescissions, or 2,262
parts thereof are invalidated. A concurrent resolution 2,263
invalidating a proposed rule, amendment, or rescission shall be 2,264
adopted not later than the sixty-fifth day after the original 2,266
version of the text of the proposed rule, amendment, or 2,267
rescission is filed with the joint committee, except that if more 2,268
than thirty-five days after the original version is filed the 2,269
rule-making agency either files a revised version of the text of 2,270
the proposed rule, amendment, or rescission, or revises the rule 2,271
summary and fiscal analysis in accordance with division (I)(4) of 2,272
this section, a concurrent resolution invalidating the proposed 2,273
rule, amendment, or rescission shall be adopted not later than 2,274
the thirtieth day after the revised version of the proposed rule 2,276
or rule summary and fiscal analysis is filed. If, after the 2,277
joint committee on agency rule review recommends the adoption of 2,278
a concurrent resolution invalidating a proposed rule, amendment, 2,279
rescission, or part thereof, the house of representatives or 2,280
senate does not, within the time remaining for adoption of the 2,281
concurrent resolution, hold five floor sessions at which its 2,282
journal records a roll call vote disclosing a sufficient number 2,283
of members in attendance to pass a bill, the time within which 2,284
that house may adopt the concurrent resolution is extended until 2,285
it has held five such floor sessions. 2,286
Within five days after the adoption of a concurrent 2,288
resolution invalidating a proposed rule, amendment, rescission, 2,289
or part thereof, the clerk of the senate shall send the 2,290
rule-making agency, the secretary of state, and the director of 2,291
the legislative service commission a IN BOTH PRINT AND ELECTRONIC 2,292
FORM A certified copy TEXT of the resolution together with a 2,294
certification stating the date on which the resolution takes 2,295
effect. The secretary of state and the director of the 2,296
legislative service commission shall each note the invalidity of 2,297
the proposed rule, amendment, rescission, or part thereof on 2,298
54
their copies, and shall each remove the invalid proposed rule, 2,300
amendment, rescission, or part thereof from the file of proposed 2,301
rules. The rule-making agency shall not proceed to adopt in 2,302
accordance with division (D) of this section, or to file in 2,303
accordance with division (B)(1) of section 111.15 of the Revised 2,304
Code, any version of a proposed rule, amendment, rescission, or 2,305
part thereof that has been invalidated by concurrent resolution. 2,306
Unless the house of representatives and senate adopt a 2,308
concurrent resolution invalidating a proposed rule, amendment, 2,309
rescission, or part thereof within the time specified by this 2,310
division, the rule-making agency may proceed to adopt in 2,311
accordance with division (D) of this section, or to file in 2,312
accordance with division (B)(1) of section 111.15 of the Revised 2,313
Code, the latest version of the proposed rule, amendment, or 2,314
rescission as filed with the joint committee. If by concurrent 2,315
resolution certain of the rules, amendments, rescissions, or 2,316
parts thereof are specifically invalidated, the rule-making 2,317
agency may proceed to adopt, in accordance with division (D) of 2,318
this section, or to file in accordance with division (B)(1) of 2,319
section 111.15 of the Revised Code, the latest version of the 2,320
proposed rules, amendments, rescissions, or parts thereof as 2,321
filed with the joint committee that are not specifically 2,322
invalidated. The rule-making agency may not revise or amend any 2,323
proposed rule, amendment, rescission, or part thereof that has 2,324
not been invalidated except as provided in this chapter or in 2,325
section 111.15 of the Revised Code. 2,326
(2)(a) A proposed rule, amendment, or rescission that is 2,328
filed with the joint committee under division (H) of this section 2,329
or division (D) of section 111.15 of the Revised Code shall be 2,330
carried over for legislative review to the next succeeding 2,331
regular session of the general assembly if the original or any 2,332
revised version of the proposed rule, amendment, or rescission is 2,333
filed with the joint committee on or after the first day of 2,334
December of any year. 2,335
55
(b) The latest version of any proposed rule, amendment, or 2,337
rescission that is subject to division (I)(2)(a) of this section, 2,338
as filed with the joint committee, is subject to legislative 2,339
review and invalidation in the next succeeding regular session of 2,340
the general assembly in the same manner as if it were the 2,341
original version of a proposed rule, amendment, or rescission 2,342
that had been filed with the joint committee for the first time 2,343
on the first day of the session. A rule-making agency shall not 2,344
adopt in accordance with division (D) of this section, or file in 2,345
accordance with division (B)(1) of section 111.15 of the Revised 2,346
Code, any version of a proposed rule, amendment, or rescission 2,347
that is subject to division (I)(2)(a) of this section until the 2,348
time for legislative review and invalidation, as contemplated by 2,349
division (I)(2)(b) of this section, has expired. 2,350
(3) Invalidation of any version of a proposed rule, 2,352
amendment, rescission, or part thereof by concurrent resolution 2,353
shall prevent the rule-making agency from instituting or 2,354
continuing proceedings to adopt any version of the same proposed 2,355
rule, amendment, rescission, or part thereof for the duration of 2,356
the general assembly that invalidated the proposed rule, 2,357
amendment, rescission, or part thereof unless the same general 2,358
assembly adopts a concurrent resolution permitting the 2,359
rule-making agency to institute or continue such proceedings. 2,360
The failure of the general assembly to invalidate a 2,362
proposed rule, amendment, rescission, or part thereof under this 2,363
section shall not be construed as a ratification of the 2,364
lawfulness or reasonableness of the proposed rule, amendment, 2,365
rescission, or any part thereof or of the validity of the 2,366
procedure by which the proposed rule, amendment, rescission, or 2,367
any part thereof was proposed or adopted. 2,368
(4) In lieu of recommending a concurrent resolution to 2,370
invalidate a proposed rule, amendment, rescission, or part 2,371
thereof because the rule-making agency has failed to prepare a 2,372
complete and accurate fiscal analysis, the joint committee on 2,373
56
agency rule review may issue, on a one-time basis, for rules, 2,374
amendments, rescissions, or parts thereof that have a fiscal 2,375
effect on school districts, counties, townships, or municipal 2,376
corporations, a written finding that the rule summary and fiscal 2,377
analysis is incomplete or inaccurate and order the rule-making 2,378
agency to revise the rule summary and fiscal analysis and refile 2,379
it with the proposed rule, amendment, rescission, or part 2,380
thereof. If an emergency rule is filed as a nonemergency rule 2,381
before the end of the ninetieth day of the emergency rule's 2,382
effectiveness, and the joint committee issues a finding and 2,383
orders the rule-making agency to refile under division (I)(4) of 2,384
this section, the governor may also issue a written AN order 2,385
stating that the emergency rule shall remain in effect for an 2,387
additional sixty days after the ninetieth day of the emergency 2,388
rule's effectiveness. Copies of the THE governor's written 2,389
orders shall be filed in accordance with division (F) of this 2,391
section. The joint committee shall send IN BOTH PRINT AND 2,392
ELECTRONIC FORM TO the rule-making agency, the secretary of 2,393
state, and the director of the legislative service commission a 2,394
certified copy TEXT of the FINDING AND order to revise the rule 2,396
summary and fiscal analysis, which shall take immediate effect. 2,397
A written AN order issued under division (I)(4) of this 2,399
section shall prevent the rule-making agency from instituting or 2,400
continuing proceedings to adopt any version of the proposed rule, 2,401
amendment, rescission, or part thereof until the rule-making 2,402
agency revises the rule summary and fiscal analysis and refiles 2,403
it IN BOTH PRINT AND ELECTRONIC FORM with the joint committee 2,404
along with the proposed rule, amendment, rescission, or part 2,406
thereof. If the joint committee finds the rule summary and 2,407
fiscal analysis to be complete and accurate, the joint committee 2,408
shall issue a new written order noting that the rule-making 2,409
agency has revised and refiled a complete and accurate rule 2,410
summary and fiscal analysis. The joint committee shall send IN 2,411
BOTH PRINT AND ELECTRONIC FORM TO the rule-making agency, the 2,412
57
secretary of state, and the director of the legislative service 2,413
commission a certified copy TEXT of this new order. The 2,414
secretary of state and the director of the legislative service 2,416
commission shall each attach AND LINK this order to their copies 2,417
of the proposed rule, amendment, rescission, or part thereof. 2,418
The rule-making agency may then proceed to adopt in accordance 2,419
with division (D) of this section, or to file in accordance with 2,420
division (B)(1) of section 111.15 of the Revised Code, the 2,421
proposed rule, amendment, rescission, or part thereof that was 2,422
subject to the written finding and order under division (I)(4) of 2,423
this section. If the joint committee determines that the revised 2,424
rule summary and fiscal analysis is still inaccurate or 2,425
incomplete, the joint committee shall recommend the adoption of a 2,426
concurrent resolution in accordance with division (I)(1) of this 2,427
section.
Sec. 119.031. (A) The chairman CHAIRPERSON of the joint 2,436
committee on agency rule review shall compare each rule, 2,438
amendment, or rescission as filed in final form with the latest 2,439
version of the same rule, amendment, or rescission as filed in 2,440
proposed form.
(B) If, upon making the comparison required by division 2,442
(A) of this section, the chairman CHAIRPERSON of the joint 2,443
committee on agency rule review finds that the rule-making agency 2,445
has made a substantive revision in the rule, amendment, or 2,446
rescission between the time it filed the latest version of the 2,447
rule, amendment, or rescission in proposed form and the time it 2,448
filed the rule, amendment, or rescission in final form, he THE 2,449
CHAIRPERSON shall promptly notify the rule-making agency, the 2,451
secretary of state, and the director of the legislative service 2,452
commission in writing BOTH PRINT AND ELECTRONIC FORM of his THAT 2,453
finding.
(C) The joint committee on agency rule review shall review 2,455
any rule, amendment, or rescission as filed in final form if, 2,456
under division (B) of this section, it is found to contain a 2,457
58
substantive revision. The joint committee may do either or both 2,458
of the following: 2,459
(1) If the joint committee makes any of the findings 2,461
stated in division (I)(1)(a), (b), or (c) of section 119.03 of 2,462
the Revised Code, it may suspend the rule, amendment, rescission, 2,463
or any part thereof. The suspension shall remain in effect until 2,464
the time for legislative review and invalidation has expired 2,465
under division (D) of this section, or until the general assembly 2,466
adopts a concurrent resolution invalidating the rule, amendment, 2,467
rescission, or any part thereof, whichever occurs first. The 2,468
chairman CHAIRPERSON of the joint committee shall promptly notify 2,470
the rule-making agency, the secretary of state, and the director 2,471
of the legislative service commission in writing BOTH PRINT AND 2,472
ELECTRONIC FORM of the suspension. 2,473
(2) The joint committee may recommend the adoption of a 2,475
concurrent resolution invalidating the rule, amendment, 2,476
rescission, or any part thereof if it makes any of the findings 2,477
stated in division (I)(1)(a), (b), or (c) of section 119.03 of 2,478
the Revised Code. 2,479
(D) A rule, amendment, or rescission that, under division 2,481
(B) of this section, is found to contain a substantive revision 2,482
shall nevertheless become effective pursuant to division (B)(1) 2,483
of section 111.15, division (A)(1) of section 119.04, division 2,484
(B)(1) of section 4141.14, or division (A) of section 5703.14 of 2,485
the Revised Code and remain in effect as filed in final form 2,486
unless: 2,487
(1) Under division (C)(1) of this section, the joint 2,489
committee suspends the rule, amendment, rescission, or any part 2,490
thereof; or 2,491
(2) Prior to the sixtieth day after the rule, amendment, 2,493
or rescission was filed in final form, the house of 2,494
representatives and senate adopt a concurrent resolution 2,495
invalidating the rule, amendment, rescission, or any part 2,496
thereof. If, after the joint committee on agency rule review 2,497
59
recommends the adoption of a concurrent resolution invalidating 2,498
the rule, amendment, rescission, or part thereof, the house of 2,499
representatives or senate does not, within the time remaining for 2,500
adoption of the concurrent resolution, hold five floor sessions 2,501
at which its journal records a roll call vote disclosing a 2,502
sufficient number of members in attendance to pass a bill, the 2,503
time within which that house may adopt the concurrent resolution 2,504
is extended until it has held five such floor sessions. 2,505
Upon the adoption of such a concurrent resolution, the 2,507
clerk of the senate shall, within five days thereafter, send the 2,508
rule-making agency, the secretary of state, and the director of 2,509
the legislative service commission, IN BOTH PRINT AND ELECTRONIC 2,510
FORM, a certified copy of the resolution together with a 2,512
certification stating the date on which the resolution takes 2,513
effect. The secretary of state and the director shall each note 2,514
the invalidity of the rule, amendment, rescission, or part 2,515
thereof on his copy, and shall remove the invalid rule, 2,517
amendment, rescission, or part thereof from the file of current 2,518
rules. The director shall also indicate in the Ohio 2,519
administrative code that the rule, amendment, rescission, or part 2,520
thereof is invalid and the date of invalidation. The rule-making 2,521
agency shall make appropriate adjustments to reflect the 2,522
invalidity of the rule, amendment, rescission, or part thereof. 2,523
(E) Invalidation of a rule, amendment, rescission, or part 2,525
thereof under this section shall prevent the rule-making agency 2,526
from instituting proceedings to readopt any version of the same 2,527
rule, amendment, rescission, or part thereof for the duration of 2,528
the general assembly that invalidated the rule, amendment, 2,529
rescission, or part thereof unless the same general assembly 2,530
adopts a concurrent resolution permitting the rule-making agency 2,531
to institute such proceedings. 2,532
(F) The failure of the general assembly to invalidate a 2,534
rule, amendment, rescission, or part thereof under this section 2,535
shall not be construed as a ratification of the lawfulness or 2,536
60
reasonableness of the rule, amendment, rescission, or any part 2,537
thereof or of the validity of the procedure by which the rule, 2,538
amendment, rescission, or any part thereof was adopted. 2,539
(G) As used in this section, a rule, amendment, or 2,541
rescission is filed: 2,542
(1) "In proposed form" when it is filed in such form with 2,544
the joint committee under division (D) of section 111.15 or 2,545
division (H) of section 119.03 of the Revised Code; 2,546
(2) "In final form" when it is filed in such form with the 2,548
joint committee under division (B)(1)(b) of section 111.15, 2,549
division (A)(1)(b) of section 119.04, division (B)(1)(b) of 2,550
section 4141.14, or division (A)(2) of section 5703.14 of the 2,551
Revised Code. 2,552
Sec. 119.032. (A) As used in this section: 2,561
(1) "Agency" includes both an agency as defined in 2,563
division (A)(2) of section 111.15 and an agency as defined in 2,564
division (A) of section 119.01 of the Revised Code. 2,565
(2) "Review date" means the review date assigned to a rule 2,567
by an agency under division (B) or (E)(2) of this section or 2,568
under section 111.15, 119.04, or 4141.14 of the Revised Code or a 2,571
review date assigned to a rule by the joint committee on agency
rule review under division (B) of this section. 2,572
(3)(a) "Rule" means only a rule whose adoption, amendment, 2,574
or rescission is subject to review under division (D) of section 2,577
111.15 or division (H) of section 119.03 of the Revised Code. 2,578
(b) "Rule" does not include a rule adopted, amended, or 2,581
rescinded by the department of taxation under section 5703.14 of
the Revised Code, a rule of a state college or university, 2,582
community college district, technical college district, or state 2,583
community college, or a rule that is consistent with and 2,584
equivalent to the form required by a federal law and that does 2,585
not exceed the minimum scope and intent of that federal law. 2,586
(B) Not later than March 25, 1997, each agency shall 2,589
assign a review date to each of its rules that is currently in 2,590
61
effect and shall notify the joint committee on agency rule review 2,591
of the review date for each such rule. The agency shall assign 2,592
review dates to its rules so that approximately one-fifth of the 2,593
rules are scheduled for review during each calendar year of the 2,594
five-year period that begins March 25, 1997, except that an 2,595
agency, with the joint committee's approval, may set a review 2,596
schedule for the agency's rules in which there is no requirement 2,597
that approximately one-fifth of the agency's rules be assigned a 2,598
review date during each calendar year of the five-year period but 2,599
in which all of the agency's rules are assigned a review date 2,600
during that five-year period. An agency may change the review 2,601
dates it has assigned to specific rules so long as the agency
complies with the five-year time deadline specified in this 2,602
division.
Upon the request of the agency that adopted the rule, the 2,605
joint committee on agency rule review may extend a review date of 2,607
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 2,609
under this division, division (E)(2) of this section, or section 2,610
111.15, 119.04, or 4141.14 of the Revised Code. The joint 2,611
committee may further extend a review date that has been extended 2,612
under this paragraph if appropriate under the circumstances. 2,613
(C) Prior to the review date of a rule, the agency that 2,616
adopted the rule shall review the rule to determine all of the
following: 2,617
(1) Whether the rule should be continued without 2,619
amendment, be amended, or be rescinded, taking into consideration 2,620
the purpose, scope, and intent of the statute under which the 2,621
rule was adopted;
(2) Whether the rule needs amendment or rescission to give 2,623
more flexibility at the local level; 2,625
(3) Whether the rule needs amendment or rescission to 2,627
eliminate unnecessary paperwork; 2,629
(4) Whether the rule duplicates, overlaps with, or 2,631
62
conflicts with other rules. 2,632
(D) In making the review required under division (C) of 2,635
this section, the agency shall consider the continued need for 2,636
the rule, the nature of any complaints or comments received 2,637
concerning the rule, and any relevant factors that have changed 2,638
in the subject matter area affected by the rule.
(E)(1) On or before the designated review date of a rule, 2,641
the agency that adopted the rule shall proceed under division 2,642
(E)(2) or (5) of this section to indicate that the agency has 2,644
reviewed the rule. 2,645
(2) If the agency has determined that the rule does not 2,647
need to be amended or rescinded, the agency shall file all the 2,649
following, IN BOTH PRINT AND ELECTRONIC FORM, with the joint 2,650
committee on agency rule review, the secretary of state, and the 2,651
director of the legislative service commission: a copy of the 2,652
rule, a statement of the agency's determination, and an accurate 2,655
rule summary and fiscal analysis for the rule as described in 2,656
section 127.18 of the Revised Code. The agency shall assign a 2,657
new review date to the rule, which shall not be later than five 2,658
years after the rule's immediately preceding review date. After 2,659
the joint committee has reviewed such a rule for the first time, 2,660
including any rule that was in effect on September 26, 1996, the 2,661
agency in its subsequent reviews of the rule may provide the same 2,662
fiscal analysis it provided to the joint committee during its 2,663
immediately preceding review of the rule unless any of the 2,664
conditions described in division (B)(4), (5), (6), (8), (9), or 2,665
(10) of section 127.18 of the Revised Code, as they relate to the 2,667
rule, have appreciably changed since the joint committee's 2,668
immediately preceding review of the rule. If any of these 2,669
conditions, as they relate to the rule, have appreciably changed, 2,670
the agency shall provide the joint committee with an updated 2,671
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 2,672
five-year maximum, the review date for the rule is five years 2,674
63
after its immediately preceding review date. The joint committee 2,675
shall give public notice in the register of Ohio of the agency's 2,676
determination after receiving a notice from the agency under 2,677
division (E)(2) of this section. The joint committee shall 2,679
transmit a copy of the notice IN BOTH PRINT AND ELECTRONIC FORM 2,680
to the director of the legislative service commission. The 2,681
director shall publish the notice in the register of Ohio for 2,682
four consecutive weeks after its receipt. 2,683
(3) During the ninety-day period following the date the 2,685
joint committee receives a notice under division (E)(2) of this 2,687
section but after the four-week period described in division
(E)(2) of this section has ended, the joint committee, by a 2,688
two-thirds vote of the members present, may recommend the 2,689
adoption of a concurrent resolution invalidating the rule if the 2,690
joint committee determines that either of the following applies: 2,691
(a) The agency improperly applied the criteria described 2,694
in divisions (C) and (D) of this section in reviewing the rule 2,695
and in recommending its continuance without amendment or 2,696
rescission.
(b) The agency failed to file proper notice with the joint 2,699
committee regarding the rule.
(4) If the joint committee does not take the action 2,701
described in division (E)(3) of this section regarding a rule 2,703
during the ninety-day period after the date the joint committee
receives a notice under division (E)(2) of this section regarding 2,705
that rule, the rule shall continue in effect without amendment
and shall be next reviewed by the joint committee by the date 2,706
designated by the agency in the notice provided to the joint 2,707
committee under division (E)(2) of this section. 2,708
(5) If the agency has determined that a rule reviewed 2,710
under division (C) of this section needs to be amended or 2,712
rescinded, the agency, on or before the rule's review date, shall 2,713
file the rule as amended or rescinded in accordance with section 2,714
111.15, 119.03, or 4141.14 of the Revised Code, as applicable. 2,715
64
(6) Each agency shall provide the joint committee with a 2,718
copy of the rules that it has determined are rules described in 2,719
division (A)(3)(b) of this section. At a time the joint 2,720
committee designates, each agency shall appear before the joint 2,722
committee and explain why it has determined that such rules are
rules described in division (A)(3)(b) of this section. The joint 2,724
committee, by a two-thirds vote of the members present, may
determine that any of such rules are rules described in division 2,725
(A)(3)(a) of this section. After the joint committee has made 2,727
such a determination relating to a rule, the agency shall 2,728
thereafter treat the rule as a rule described in division 2,729
(A)(3)(a) of this section.
(F) If an agency fails to provide the notice to the joint 2,732
committee required under division (E)(2) of this section 2,733
regarding a rule or otherwise fails by the rule's review date to 2,734
take any action regarding the rule required by this section, the 2,735
joint committee, by a majority vote of the members present, may 2,736
recommend the adoption of a concurrent resolution invalidating 2,737
the rule. The joint committee shall not recommend the adoption
of such a resolution until it has afforded the agency the 2,738
opportunity to appear before the joint committee to show cause 2,739
why the joint committee should not recommend the adoption of such 2,740
a resolution regarding that rule. 2,741
(G) If the joint committee recommends adoption of a 2,744
concurrent resolution invalidating a rule under division (E)(3) 2,745
or (F) of this section, the adoption of the concurrent resolution 2,746
shall be in the manner described in division (I) of section 2,747
119.03 of the Revised Code. 2,748
Sec. 119.0311. Each agency shall prepare and publish, and 2,751
as it becomes necessary or advisable, revise and republish, a 2,752
guide to its rule-making process that functions generally to 2,753
assist members of the public who participate, or who may wish to 2,754
participate, in the agency's rule-making. The agency's guide is 2,755
to include: 2,756
65
(A) A statement of the agency's regulatory mission; 2,759
(B) A description of how the agency is organized to 2,762
achieve its regulatory mission;
(C) An explanation of rule-making the agency is authorized 2,765
or required to engage in to achieve its regulatory mission; 2,766
(D) An explanation of the agency's rule-making process; 2,769
(E) An indication of the points in the agency's 2,772
rule-making process at which members of the public can 2,773
participate;
(F) An explanation of how members of the public can 2,776
participate in the agency's rule-making process at each indicated 2,777
point of participation; and 2,778
(G) Other information the agency reasonably concludes will 2,781
assist members of the public meaningfully to participate in the 2,782
agency's rule-making. 2,783
An agency's guide is not to be adopted as a rule, but 2,785
rather as a narrative explanation of the matters outlined in this 2,787
section. An agency's failure to conform its rule-making process 2,788
to its guide is not cause for invalidating a rule, amendment, or 2,789
rescission adopted by the agency.
The agency shall publish or republish its guide both in the 2,793
register of Ohio and as a printed pamphlet.
The agency shall submit a copy of its guide, in pamphlet or 2,795
preferably AND in electronic form, to the director of the 2,797
legislative service commission. The director thereupon shall 2,798
publish the agency's guide in the register of Ohio. 2,799
The agency shall provide a copy of its pamphlet guide to 2,801
any person upon request. The agency may charge the person a fee 2,802
for this service, but the fee is not to exceed the per copy cost 2,803
of producing the pamphlet guide and the actual cost of delivering 2,804
it to the person. 2,805
Sec. 119.04. (A)(1) Any rule adopted by any agency shall 2,814
be effective on the tenth day after the day on which the rule in 2,815
final form and in compliance with division (A)(2) of this section 2,816
66
is filed as follows: 2,817
(a) Two certified copies of the THE rule shall be filed IN 2,819
BOTH PRINT AND ELECTRONIC FORM with both the secretary of state 2,821
and the director of the legislative service commission; 2,822
(b) Two certified copies of the THE rule shall be filed IN 2,824
BOTH PRINT AND ELECTRONIC FORM with the joint committee on agency 2,826
rule review. Division (A)(1)(b) of this section does not apply 2,827
to any rule to which division (H) of section 119.03 of the 2,828
Revised Code does not apply.
If all copies are not filed FILINGS ARE NOT COMPLETED on 2,830
the same day, the rule shall be effective on the tenth day after 2,832
the day on which the latest filing is made COMPLETED. If an 2,833
agency in adopting a rule designates an effective date that is 2,835
later than the effective date provided for by this division, the 2,836
rule if filed as required by this division shall become effective 2,837
on the later date designated by the agency. 2,838
An agency that adopts or amends a rule that is subject to 2,840
division (H) of section 119.03 of the Revised Code shall assign a 2,842
review date to the rule that is not later than five years after 2,843
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 2,844
maximum, the review date for the rule is five years after its 2,845
effective date. A rule with a review date is subject to review 2,846
under section 119.032 of the Revised Code. This paragraph does 2,847
not apply to the department of taxation. 2,848
(2) The agency shall file the rule in compliance with the 2,850
following standards and procedures: 2,851
(a) The rule shall be numbered in accordance with the 2,853
numbering system devised by the director for the Ohio 2,854
administrative code. 2,855
(b) The rule shall be prepared and submitted in compliance 2,857
with the rules of the legislative service commission. 2,858
(c) The rule shall clearly state the date on which it is 2,860
to be effective and the date on which it will expire, if known. 2,861
67
(d) Each rule that amends or rescinds another rule shall 2,863
clearly refer to the rule that is amended or rescinded. Each 2,864
amendment shall fully restate the rule as amended. 2,865
If the director of the legislative service commission or 2,867
the director's designee gives an agency written notice pursuant 2,868
to section 103.05 of the Revised Code that a rule filed by the 2,870
agency is not in compliance with the rules of the commission, the 2,871
agency shall within thirty days after receipt of the notice 2,872
conform the rule to the rules of the commission as directed in 2,873
the notice.
(3) As used in this section, "rule" includes an amendment 2,875
or rescission of a rule. 2,876
(B) The secretary of state and the director shall preserve 2,878
the rules filed under division (A)(1)(a) of this section in an 2,879
accessible manner. Each such rule shall be a public record open 2,880
to public inspection and may be lent TRANSMITTED to any law 2,881
publishing company that wishes to reproduce it. 2,883
Any rule that has been adopted in compliance with section 2,885
119.03 of the Revised Code and that is in effect before January 2,886
1, 1977, may be divided into sections, numbered, provided with a 2,887
subject heading, and filed with the secretary of state and the 2,888
director to comply with the provisions of this section without 2,889
carrying out the adoption procedure required by section 119.03 of 2,890
the Revised Code. The codification of existing rules to comply 2,891
with this section shall not constitute adoption, amendment, or 2,892
rescission. 2,893
Sec. 121.24. (A) As used in this section: 2,903
(1) "Agency" means any agency as defined in division 2,905
(A)(2) of section 111.15 or division (A) of section 119.01 of the 2,906
Revised Code. 2,907
(2) "Employee" means a person who is employed by a small 2,909
business or small organization for at least one thousand eight 2,910
hundred hours per year. 2,911
(3) A rule is "filed in final form" when it is filed with 2,913
68
the secretary of state, the director of the legislative service 2,914
commission, and the joint committee on agency rule review under 2,915
division (B)(1) of section 111.15, division (A)(1) of section 2,916
119.04, division (B)(1) of section 4141.14, or division (A) of 2,917
section 5703.14 of the Revised Code. 2,918
(4) "History trail" means the supplementary information 2,920
required to be provided on each copy of a proposed rule, which 2,921
information is not part of the text of the rule, and sets forth 2,922
the statute prescribing the procedure in accordance with which 2,923
the proposed rule is required to be adopted, the statute that 2,924
authorizes the agency to adopt the proposed rule, the statute 2,925
that the agency intends to amplify or implement by adopting the 2,926
proposed rule, the effective dates of any previous versions of 2,927
the rule that is the subject of the proposal, and other similar 2,928
information as prescribed in rules of the legislative service 2,929
commission. 2,930
(5) "Individual" means any individual who is affected by a 2,932
rule in the individual's capacity as an officer or employee of a 2,934
small business or small organization. 2,935
(6) "Rule summary and fiscal analysis" means a rule 2,937
summary and fiscal analysis of a proposed rule that provides the 2,938
information required by division (B) of section 127.18 of the 2,939
Revised Code, and that has been prepared in the form prescribed 2,940
by the joint committee on agency rule review under division (E) 2,941
of that section. 2,942
(7) "Rate" means any rate, classification, fare, toll, 2,944
rental, or charge of a public utility. 2,945
(8) "Rule" means any rule, regulation, or standard having 2,947
a general and uniform operation, including any appendix thereto, 2,948
that is adopted, promulgated, and enforced by an agency under the 2,949
authority of the laws governing the agency. "Rule" includes the 2,950
adoption of a new rule or the amendment or rescission of an 2,951
existing rule. "Rule" does not include any of the following: 2,952
(a) A rule proposed under section 1121.05, 1121.06, 2,954
69
1155.18, or 1163.22 of the Revised Code; 2,955
(b) A rule governing the internal management of an agency 2,957
that does not affect private rights; 2,958
(c) A rule authorized by law to be issued as a temporary 2,960
written order; 2,961
(d) Except as otherwise provided in division (A)(8)(d) of 2,963
this section, a rule or order, whether of a quasi-legislative or 2,964
quasi-judicial nature, proposed by the public utilities 2,965
commission. Any rule or order, whether of a quasi-legislative or 2,966
quasi-judicial nature, proposed by the public utilities 2,967
commission that determines a rate of a public utility to be just 2,968
and reasonable is a "rule" for purposes of this section, unless 2,969
the rule or order contains findings that the public utility, in 2,970
applying for approval of the rate under section 4909.18 of the 2,971
Revised Code, stated facts and grounds sufficient for the 2,972
commission to determine that the proposed rate was just and 2,973
reasonable. 2,974
(e) A proposed rule, the adoption of which is mandated by 2,976
a federal law or rule, and which must be adopted substantially as 2,977
prescribed by federal law or rule, to become effective within one 2,978
hundred twenty days of adoption, so long as the history trail of 2,979
the proposed rule contains a statement that it is proposed for 2,980
the purpose of complying with a federal law or rule and a 2,981
citation to the federal law or rule that mandates substantial 2,982
compliance; 2,983
(9) "Small business" means an independently owned and 2,985
operated business having fewer than four hundred employees. 2,986
(10) "Small organization" means an unincorporated 2,988
association, sheltered workshop, or nonprofit enterprise having 2,989
fewer than four hundred employees. This definition is not 2,990
limited to the types of small organizations expressly mentioned, 2,991
and includes all other types of small organizations, so long as 2,992
such organizations have fewer than four hundred employees. 2,993
(B) If an agency intends to adopt a rule, and reasonably 2,995
70
believes that the proposed rule, if adopted, will be likely to 2,996
affect individuals, small businesses, or small organizations, the 2,997
agency shall comply with the following procedure in adopting the 2,998
rule, in addition to any other procedure required by section 2,999
111.15, 117.16, 119.03, 119.032, 119.04, 127.18, 4141.14, or 3,000
5117.02 of the Revised Code or any other statute of this state: 3,002
(1) The agency shall prepare a complete and accurate rule 3,004
summary and fiscal analysis of the original version of the 3,005
proposed rule. 3,006
(2) After complying with division (B)(1) of this section, 3,008
and at least sixty days before the agency files the proposed rule 3,009
in final form, the agency shall file with the office of small 3,010
business, one copy of IN BOTH PRINT AND ELECTRONIC FORM, the full 3,012
text of the original version of the proposed rule and one copy of 3,013
the rule summary and fiscal analysis of such proposed rule. 3,014
(3) During a period commencing on the date the original 3,016
version of the proposed rule is filed pursuant to division (B)(2) 3,017
of this section and ending forty days thereafter: 3,018
(a) The chairperson of the standing committee of the 3,020
senate or house of representatives having jurisdiction over 3,022
individuals, small businesses, or small organizations, or any 3,023
other person having an interest in the proposed rule, may submit 3,024
written comments IN BOTH PRINT AND ELECTRONIC FORM to the agency, 3,025
to the joint committee on agency rule review, or to both, 3,027
concerning the expected effect of the proposed rule, if adopted, 3,028
upon individuals, small businesses, and small organizations. The 3,029
agency and joint committee shall accept all such timely submitted 3,030
written comments.
(b) The chairperson of the standing committee of the 3,032
senate or house of representatives having jurisdiction over 3,034
individuals, small businesses, or small organizations, IN BOTH 3,035
PRINT AND ELECTRONIC FORM, may request the agency to appear 3,037
before the committee and testify, answer questions asked by 3,038
members of the committee, and produce information in the 3,039
71
possession of the agency as requested by the committee, 3,040
concerning the expected effect of the proposed rule, if adopted, 3,041
upon individuals, small businesses, or small organizations. Upon 3,042
receipt of a request from the chairperson of the appropriate 3,044
standing committee of the senate or house of representatives 3,045
under division (B)(3)(b) of this section, the agency shall 3,046
designate an officer or employee of the agency to appear before 3,047
the committee, and shall otherwise comply with the request, in 3,048
the manner directed by the request.
(4) The agency shall not proceed to file the proposed rule 3,050
in final form until it has considered any written comments timely 3,051
submitted to it under division (B)(3)(a) of this section, has 3,052
identified the issues raised by the comments, has assessed the 3,053
proposed rule in light of the issues raised by the comments, and 3,054
has made such revisions in the proposed rule as it considers 3,055
advisable in light of its assessment. 3,056
An agency is not required to put any revised version of a 3,058
proposed rule through the procedure of divisions (B)(1) to (4) of 3,059
this section. 3,060
(C) Any original version of a proposed rule, rule summary 3,062
and fiscal analysis, or written comment filed or submitted under 3,063
division (B) of this section shall be preserved by the agency 3,064
with which it is filed or to which it is submitted, and is a 3,065
public record open to public inspection. 3,066
(D) Each agency shall prepare a plan that provides for the 3,068
periodic review, at least once every five years, of each rule of 3,069
the agency that is not otherwise subject to review under section 3,070
119.032 of the Revised Code and that affects individuals, small 3,071
businesses, or small organizations. The purpose of each periodic 3,072
review shall be to determine whether the rule that is being 3,073
reviewed should be continued without change or amended or 3,074
rescinded, consistent with the purpose, scope, and intent of the 3,075
applicable statute authorizing adoption of the rule, so as to 3,076
minimize the economic impact of the rule upon individuals, small 3,077
72
businesses, or small organizations. Accordingly, in making each 3,078
periodic review of a rule, the agency shall consider the 3,079
continued need for the rule, the nature of any written complaints 3,080
or comments that the agency has received with regard to the rule, 3,081
the extent to which the rule duplicates, overlaps, or conflicts 3,082
with other currently effective rules, and the degree to which 3,083
technology, economic conditions, and other relevant factors have 3,084
changed in the area affected by the rule. 3,085
Each agency shall annually report to the governor and 3,087
general assembly, with regard to each of its rules that have been 3,088
reviewed under this division during the preceding calendar year, 3,089
the title and administrative code rule number of the rule, a 3,090
brief summary of the content and operation of the rule, and a 3,091
brief summary of the results of the review. If the agency is 3,092
otherwise required to make an annual report to the governor and 3,093
general assembly, the agency shall report this information in an 3,094
appropriately designated section of its annual report, WHETHER 3,095
ITS ANNUAL REPORT IS IN PRINT OR ELECTRONIC FORM OR BOTH. If, 3,096
however, the agency is not otherwise required to make an annual 3,097
report to the governor and general assembly, the agency, on or 3,098
before the first day of February, shall report this information 3,099
in a separate report, IN BOTH PRINT AND ELECTRONIC FORM, to the 3,101
governor and general assembly. In addition to the submissions 3,103
required by section 101.68 of the Revised Code, and in addition 3,104
to any requirement of that section to submit notice of the 3,105
availability of a report instead of copies of the report, the 3,106
agency shall submit copies of its annual or separate report IN 3,107
BOTH PRINT AND ELECTRONIC FORM, which provides the information 3,108
required by this division, to the chairpersons of the standing 3,110
committees of the senate and house of representatives having 3,111
jurisdiction over individuals, small businesses, and small 3,112
organizations. 3,113
Each agency having rules in effect on the effective date of 3,115
this section JANUARY 1, 1985, that affect individuals, small 3,117
73
businesses, or small organizations shall divide those rules into 3,118
groups, so that at least one-fifth of those rules are reviewed 3,119
during each year of a five-year period commencing on the 3,120
effective date of this section JANUARY 1, 1985. A rule that is 3,121
newly adopted after the effective date of this section JANUARY 1, 3,123
1985, shall be reviewed five years after its effective date. 3,126
When a rule has once been reviewed, it shall thereafter be
reviewed again at five-year intervals. 3,127
(E) Each agency shall designate an individual or office 3,129
within the agency to be responsible for complying with this 3,130
division. Each individual or office that has been so designated 3,131
shall, within ten days after receiving a request therefor from 3,132
any person: 3,133
(1) Provide the person with copies of any rule proposed by 3,135
the agency that would affect individuals, small businesses, or 3,136
small organizations; 3,137
(2) Provide the person with copies of the rule summary and 3,139
fiscal analysis of any rule proposed by the agency that would 3,140
affect individuals, small businesses, or small organizations; or 3,141
(3) Find, collate, and make available to the person any 3,143
information in the possession of the agency regarding a rule 3,144
proposed by the agency, which information would be of interest to 3,145
individuals, small businesses, or small organizations. 3,146
The agency shall inform the office of small business in 3,148
writing of the name, address, and telephone number of each 3,149
individual or office designated under this division. The agency 3,150
shall promptly inform the office of small business in writing of 3,151
any change in the information thus provided. 3,152
(F) Division (B) of this section does not apply to any 3,154
emergency rule adopted under division (B)(2) of section 111.15 or 3,155
division (F) of section 119.03 of the Revised Code, except that 3,156
the emergency rule becomes subject to such division when it is 3,157
adopted pursuant to the procedure of section 111.15 or 119.03 of 3,158
the Revised Code for the adoption of rules not of an emergency 3,159
74
nature. 3,160
(G) The department of taxation shall provide a copy of the 3,162
full text of any rule proposed by the department that may affect 3,163
any business IN BOTH PRINT AND ELECTRONIC FORM to the office of 3,164
small business, and the department shall designate an office 3,166
within the agency responsible for providing a copy of any such 3,167
rule within ten days of receiving a request from any person. 3,168
Sec. 121.39. (A) As used in this section, "environmental 3,177
protection" means any of the following: 3,178
(1) Protection of human health or safety, biological 3,180
resources, or natural resources by preventing, reducing, or 3,181
remediating the pollution or degradation of air, land, or water 3,182
resources or by preventing or limiting the exposure of humans, 3,183
animals, or plants to pollution; 3,184
(2) Appropriation or regulation of privately-owned 3,187
PRIVATELY OWNED property to preserve air, land, or water 3,188
resources in a natural state or to wholly or partially restore 3,190
them to a natural state;
(3) Regulation of the collection, management, treatment, 3,192
reduction, storage, or disposal of solid, hazardous, radioactive, 3,194
or other wastes;
(4) Plans or programs to promote or regulate the 3,196
conservation, recycling, or re-use REUSE of energy, materials, or 3,198
wastes. 3,199
(B) Except as otherwise provided in division (E) of this 3,201
section, when proposed legislation dealing with environmental 3,202
protection or containing a component dealing with environmental 3,203
protection is referred to a committee of the general assembly, 3,204
other than a committee on rules or reference, the sponsor of the 3,205
legislation, at the time of the first hearing of the legislation 3,206
before the committee, shall submit to the members of the 3,207
committee a written statement identifying either the 3,208
documentation that is the basis of the legislation or the federal 3,209
requirement or requirements with which the legislation is 3,210
75
intended to comply. If the legislation is not based on 3,211
documentation or has not been introduced to comply with a federal 3,212
requirement or requirements, the written statement from the 3,213
sponsor shall so indicate.
Also at the time of the first hearing of the legislation 3,216
before the committee, a statewide organization that represents 3,217
businesses in this state and that elects its board of directors 3,218
may submit to the members of the committee a written estimate of 3,219
the costs to the regulated community in this state of complying 3,220
with the legislation if it is enacted. 3,221
At any hearing of the legislation before the committee, a 3,223
representative of any state agency, environmental advocacy 3,224
organization, or consumer advocacy organization or any private 3,225
citizen may present documentation containing an estimate of the 3,226
monetary and other costs to public health and safety and the
environment and to consumers and residential utility customers, 3,227
and the effects on property values, if the legislation is not 3,228
enacted.
(C) Until such time as the statement required under 3,230
division (B) of this section is submitted to the committee to 3,231
which proposed legislation dealing with environmental protection 3,233
or containing a component dealing with environmental protection 3,234
was referred, the legislation shall not be reported by that 3,235
committee. This requirement does not apply if the component 3,236
dealing with environmental protection is removed from the 3,237
legislation or if two-thirds of the members of the committee vote 3,238
in favor of a motion to report the proposed legislation.
(D) Except as otherwise provided in division (E) of this 3,241
section, prior to adopting a rule or an amendment proposed to a 3,242
rule dealing with environmental protection or containing a 3,243
component dealing with environmental protection, a state agency 3,244
shall do all of the following:
(1) Consult with organizations that represent political 3,246
subdivisions, environmental interests, business interests, and 3,247
76
other persons affected by the proposed rule or amendment; 3,248
(2) Consider documentation relevant to the need for, the 3,251
environmental benefits or consequences of, other benefits of, and 3,252
the technological feasibility of the proposed rule or amendment;
(3) Specifically identify whether the proposed rule or 3,254
amendment is being adopted or amended to enable the state to 3,255
obtain or maintain approval to administer and enforce a federal 3,256
environmental law or to participate in a federal environmental 3,257
program, whether the proposed rule or amendment is more stringent 3,259
than its federal counterpart, and, if the proposed rule or 3,260
amendment is more stringent, the rationale for not incorporating 3,261
its federal counterpart;
(4) Include with the proposed rule or amendment and the 3,263
rule summary and fiscal analysis required under sections 121.24 3,265
and 127.18 of the Revised Code, when they are filed with the 3,266
joint committee on agency rule review in accordance with division 3,267
(D) of section 111.15 or division (H) of section 119.03 of the 3,269
Revised Code, one of the following IN BOTH PRINT AND ELECTRONIC 3,270
FORM, as applicable: 3,271
(a) The information identified under division (D)(3) of 3,273
this section and, if the proposed rule or amendment is more 3,274
stringent than its federal counterpart, as identified in that 3,275
division, the documentation considered under division (D)(2) of 3,277
this section;
(b) If an amendment proposed to a rule is being adopted or 3,280
amended under a state statute that establishes standards with 3,281
which the amendment shall comply, and the proposed amendment is 3,282
more stringent than the rule that it is proposing to amend, the 3,283
documentation considered under division (D)(2) of this section; 3,284
(c) If division (D)(4)(a) or (b) of this section is not 3,287
applicable, the documentation considered under division (D)(2) of 3,288
this section.
If the agency subsequently files a revision of such a 3,290
proposed rule or amendment in accordance with division (D) of 3,291
77
section 111.15 or division (H) of section 119.03 of the Revised 3,293
Code, the revision shall be accompanied IN BOTH PRINT AND 3,294
ELECTRONIC FORM by the applicable information or documentation. 3,295
Division (D) of this section does not apply to any 3,297
emergency rule adopted under division (B)(2) of section 111.15 or 3,299
division (F) of section 119.03 of the Revised Code, but does
apply to any such rule that subsequently is adopted as a 3,301
nonemergency rule under either of those divisions. 3,302
The information or documentation submitted under division 3,304
(D)(4) of this section may be in the form of a summary or index 3,306
of available knowledge or information and shall consist of or be 3,307
based upon the best available generally accepted knowledge or
information in the appropriate fields, as determined by the 3,308
agency that prepared the documentation. 3,309
(E) The statement required under division (B) and the 3,311
information or documentation required under division (D) of this 3,313
section need not be prepared or submitted with regard to a 3,314
proposed statute or rule, or an amendment to a rule, if the 3,315
statute, rule, or amendment is procedural or budgetary in nature, 3,316
or governs the organization or operation of a state agency, and 3,317
will not affect the substantive rights or obligations of any 3,318
person other than a state agency or an employee or contractor of 3,319
a state agency.
(F) The insufficiency, incompleteness, or inadequacy of a 3,321
statement, information, documentation, or a summary of 3,323
information or documentation provided in accordance with division 3,324
(B) or (D) of this section shall not be grounds for invalidation 3,325
of any statute, rule, or amendment to a rule. 3,326
(G) This section applies only to the following: 3,328
(1) Legislation and components of legislation dealing with 3,331
environmental protection that are introduced in the general
assembly after the effective date of this section MARCH 5, 1996; 3,333
(2) Rules and rule amendments dealing with environmental 3,336
protection that are filed with the joint committee on agency rule 3,337
78
review in accordance with division (D) of section 111.15 or 3,338
division (H) of section 119.03 of the Revised Code after the 3,339
effective date of this section MARCH 5, 1996. 3,340
Sec. 127.18. (A) As used in this section: 3,349
(1) "Rule-making agency" has the same meaning as in 3,351
division (I) of section 119.01 of the Revised Code. 3,352
(2) "Rule" includes the adoption, amendment, or rescission 3,354
of a rule. 3,355
(3) "Proposed rule" means the original version of a 3,357
proposed rule, and each revised version of the same proposed 3,358
rule, that is filed with the joint committee on agency rule 3,359
review under division (D) of section 111.15 or division (H) of 3,360
section 119.03 of the Revised Code. 3,361
(B) A rule-making agency shall prepare, in the form 3,363
prescribed by the joint committee on agency rule review under 3,364
division (E) of this section, a complete and accurate rule 3,365
summary and fiscal analysis of each proposed rule that it files 3,366
under division (D) of section 111.15 or division (H) of section 3,367
119.03 of the Revised Code. The rule summary and fiscal analysis 3,368
shall include all of the following information: 3,369
(1) The name, address, and telephone number of the 3,371
rule-making agency, and the name and telephone number of an 3,372
individual or office within the agency designated by that agency 3,373
to be responsible for coordinating and making available 3,374
information in the possession of the agency regarding the 3,375
proposed rule; 3,376
(2) The Ohio administrative code rule number of the 3,378
proposed rule; 3,379
(3) A brief summary of, and the legal basis for, the 3,381
proposed rule, including citations identifying the statute that 3,382
prescribes the procedure in accordance with which the rule-making 3,383
agency is required to adopt the proposed rule, the statute that 3,384
authorizes the agency to adopt the proposed rule, and the statute 3,385
that the agency intends to amplify or implement by adopting the 3,386
79
proposed rule; 3,387
(4) An estimate, in dollars, of the amount by which the 3,389
proposed rule would increase or decrease revenues or expenditures 3,390
during the current biennium; 3,391
(5) A citation identifying the appropriation that 3,393
authorizes each expenditure that would be necessitated by the 3,394
proposed rule; 3,395
(6) A summary of the estimated cost of compliance with the 3,397
rule to all directly affected persons; 3,398
(7) The reasons why the rule is being proposed; 3,400
(8) If the rule has a fiscal effect on school districts, 3,402
counties, townships, or municipal corporations, an estimate in 3,403
dollars of the cost of compliance with the rule, or, if dollar 3,404
amounts cannot be determined, a written explanation of why it was 3,405
not possible to ascertain dollar amounts;
(9) If the rule has a fiscal effect on school districts, 3,407
counties, townships, or municipal corporations and is the result 3,408
of a federal requirement, a clear explanation that the proposed 3,409
state rule does not exceed the scope and intent of the 3,410
requirement, or, if the state rule does exceed the minimum
necessary federal requirement, a justification of the excess 3,411
cost, and an estimate of the costs, including those costs for 3,412
local governments, exceeding the federal requirement; 3,413
(10) If the rule has a fiscal effect on school districts, 3,415
counties, townships, or municipal corporations, a comprehensive 3,416
cost estimate that includes the procedure and method of 3,417
calculating the costs of compliance and identifies major cost 3,418
categories including personnel costs, new equipment or other 3,419
capital costs, operating costs, and indirect central service
costs related to the rule. The fiscal analysis shall also 3,420
include a written explanation of the agency's and the affected 3,421
local government's ability to pay for the new requirements and a 3,422
statement of any impact the rule will have on economic 3,423
development.
80
(11) Any other information the joint committee on agency 3,425
rule review considers necessary to make the proposed rule or the 3,426
fiscal effect of the proposed rule fully understandable. 3,427
(C) The rule-making agency shall attach one copy of FILE 3,429
the rule summary and fiscal analysis to each copy of IN BOTH 3,430
PRINT AND ELECTRONIC FORM ALONG WITH the proposed rule that it 3,432
files under divisions (D) and (E) of section 111.15 or divisions 3,433
(B) and (H) of section 119.03 of the Revised Code. The joint 3,434
committee on agency rule review shall not accept any proposed 3,435
rule for filing unless a copy of the rule summary and fiscal 3,436
analysis of the proposed rule, completely and accurately
prepared, has been attached to each copy of IS FILED ALONG WITH 3,437
the proposed rule. 3,438
(D) The joint committee on agency rule review shall review 3,440
the fiscal effect of each proposed rule that is filed under 3,441
division (D) of section 111.15 or division (H) of section 119.03 3,442
of the Revised Code. 3,443
(E) The joint committee on agency rule review shall 3,445
prescribe the form in which each rule-making agency shall prepare 3,446
its rule summary and fiscal analysis of a proposed rule. 3,447
(F) This section does not require the auditor of state or 3,449
his THE AUDITOR OF STATE'S designee to prepare or attach a rule 3,450
summary and fiscal analysis to any copy of a rule proposed under 3,452
section 117.12, 117.19, 117.38, or 117.43 of the Revised Code. 3,453
Sec. 4141.14. (A) All rules of the administrator of the 3,462
bureau of employment services adopted pursuant to this chapter 3,463
shall be approved by the unemployment compensation review 3,464
commission before the rules become effective. All such rules 3,466
shall specify on their face their effective date and the date on 3,467
which they will expire, if known. Approval by the unemployment 3,468
compensation review commission shall also be required before 3,469
amendments to, or rescission of, any rules of the administrator 3,470
adopted pursuant to this chapter become effective. If the 3,471
commission disapproves a rule of the administrator, it shall
81
determine and promulgate a rule that it considers appropriate 3,472
after affording a hearing to the administrator. 3,473
(B)(1) Any rule promulgated pursuant to this section shall 3,475
be effective on the tenth day after the day on which the rule in 3,476
final form and in compliance with division (B)(2) of this section 3,477
is filed as follows: 3,478
(a) Two certified copies of the THE rule shall be filed IN 3,480
BOTH PRINT AND ELECTRONIC FORM with both the secretary of state 3,482
and the director of the legislative service commission; 3,483
(b) Two certified copies of the THE rule shall be filed IN 3,485
BOTH PRINT AND ELECTRONIC FORM with the joint committee on agency 3,487
rule review. Division (B)(1)(b) of this section does not apply 3,488
to any rule to which division (H) of section 119.03 of the 3,489
Revised Code does not apply.
If all copies are not filed FILINGS ARE NOT COMPLETED on 3,491
the same day, the rule shall be effective on the tenth day after 3,493
the day on which the latest filing is made COMPLETED. If the 3,494
bureau of employment services or the unemployment compensation 3,496
review commission in adopting a rule pursuant to this chapter 3,497
designates an effective date that is later than the effective 3,498
date provided for by this division, the rule if filed as required 3,499
by this division shall become effective on the later date 3,500
designated by the bureau or commission. 3,501
If the commission or bureau adopts or amends a rule that is 3,504
subject to division (H) of section 119.03 of the Revised Code, 3,505
the commission or bureau shall assign a review date to the rule 3,506
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 3,507
assigned to a rule exceeds the five-year maximum, the review date 3,508
for the rule is five years after its effective date. A rule with 3,509
a review date is subject to review under section 119.032 of the 3,510
Revised Code.
(2) The bureau and commission shall file the rule in 3,512
compliance with the following standards and procedures: 3,513
82
(a) The rule shall be numbered in accordance with the 3,515
numbering system devised by the director for the Ohio 3,516
administrative code. 3,517
(b) The rule shall be prepared and submitted in compliance 3,519
with the rules of the legislative service commission. 3,520
(c) The rule shall clearly state the date on which it is 3,522
to be effective and the date on which it will expire, if known. 3,523
(d) Each rule that amends or rescinds another rule shall 3,525
clearly refer to the rule that is amended or rescinded. Each 3,526
amendment shall fully restate the rule as amended. 3,527
If the director of the legislative service commission or 3,529
the director's designee gives the bureau of employment services 3,530
or the unemployment compensation review commission written notice 3,531
pursuant to section 103.05 of the Revised Code that a rule filed 3,532
by the bureau or review commission is not in compliance with the 3,533
rules of the legislative service commission, the bureau or review 3,535
commission shall within thirty days after receipt of the notice
conform the rule to the rules of the commission as directed in 3,536
the notice.
The secretary of state and the director shall preserve the 3,538
rules filed under division (B)(1)(a) of this section in an 3,539
accessible manner. Each such rule shall be a public record open 3,540
to public inspection and may be lent TRANSMITTED to any law 3,541
publishing company that wishes to reproduce it. 3,543
(C) As used in this section: 3,545
(1) "Rule" includes an amendment or rescission of a rule. 3,547
(2) "Substantive revision" has the same meaning as in 3,549
division (J) of section 119.01 of the Revised Code. 3,550
Sec. 5117.02. (A) The tax commissioner shall adopt rules, 3,559
or amendments and rescissions of rules, for the administration of 3,560
sections 5117.01 to 5117.12 of the Revised Code. 3,561
(B) As a means of efficiently administering the program 3,563
established by sections 5117.01 to 5117.12 of the Revised Code, 3,564
the tax commissioner may extend, by as much as a total of thirty 3,565
83
days, any date specified in such sections for the performance of 3,566
a particular action by an individual or an officer. 3,567
(C)(1) Except as provided in division (C)(2) of this 3,569
section, the tax commissioner shall, in accordance with divisions 3,570
(A), (B), (C), (D), (E), and (H) of section 119.03 and section 3,571
119.04 of the Revised Code, adopt whatever rules, or amendments 3,572
or rescissions of rules are required by or are otherwise 3,573
necessary to implement sections 5117.01 to 5117.12 of the Revised 3,574
Code. A rule, amendment, or rescission adopted under this 3,575
division is not exempt from the hearing requirements of section 3,576
119.03 of the Revised Code pursuant to division (G) of that 3,577
section, or subject to section 111.15 or 5703.14 of the Revised 3,578
Code. 3,579
(2) If an emergency necessitates the immediate adoption of 3,581
a rule, or the immediate adoption of an amendment or rescission 3,582
of a rule that is required by or otherwise necessary to implement 3,583
sections 5117.01 to 5117.12 of the Revised Code, the tax 3,584
commissioner may immediately adopt the emergency rule, amendment, 3,585
or rescission without complying with division (A), (B), (C), (D), 3,586
(E), or (H) of section 119.03 of the Revised Code so long as he 3,587
THE COMMISSIONER states the reasons for the necessity in the 3,588
emergency rule, amendment, or rescission. The emergency rule, 3,589
amendment, or rescission is effective on the day copies of the 3,590
emergency rule, amendment, or rescission, in final form and in 3,591
compliance with division (A)(2) of section 119.04 of the Revised 3,592
Code, are IS filed as follows: two certified copies of the 3,594
emergency rule, amendment, or rescission shall be filed IN BOTH 3,595
PRINT AND ELECTRONIC FORM with both the secretary of state and, 3,597
the director of the legislative service commission, and one 3,599
certified copy of the emergency rule, amendment, or rescission 3,600
shall be filed with the joint committee on agency rule review. 3,601
If all copies are not filed FILINGS ARE NOT COMPLETED on the same 3,602
day, the emergency rule, amendment, or rescission is effective on 3,603
the day on which the latest filing is made COMPLETED. An 3,604
84
emergency rule, amendment, or rescission adopted under this 3,606
division is not subject to section 111.15, division (F) of 3,607
section 119.03, or section 5703.14 of the Revised Code. An 3,608
emergency rule, amendment, or rescission adopted under this 3,609
division continues in effect until amended or rescinded by the 3,610
tax commissioner in accordance with division (C)(1) or (2) of 3,611
this section, except that the rescission of an emergency 3,612
rescission does not revive the rule rescinded. 3,613
(D) Except where otherwise provided, each form, 3,615
application, notice, and the like used in fulfilling the 3,616
requirements of sections 5117.01 to 5117.12 of the Revised Code 3,617
shall be approved by the tax commissioner. 3,618
Sec. 5703.14. (A) Any rule adopted by the board of tax 3,627
appeals and any rule of the department of taxation adopted by the 3,628
tax commissioner shall be effective on the tenth day after the 3,629
day on which the rule in final form and in compliance with 3,630
division (B) of this section is filed by the board or the 3,631
commissioner as follows: 3,632
(1) Two certified copies of the THE rule shall be filed IN 3,634
BOTH PRINT AND ELECTRONIC FORM with both the secretary of state 3,636
and the director of the legislative service commission; 3,637
(2) Two certified copies of the THE rule shall be filed IN 3,639
BOTH PRINT AND ELECTRONIC FORM with the joint committee on agency 3,641
rule review. Division (A)(2) of this section does not apply to 3,642
any rule to which division (H) of section 119.03 of the Revised 3,643
Code does not apply.
If all copies are not filed FILINGS ARE NOT COMPLETED on 3,645
the same day, the rule shall be effective on the tenth day after 3,647
the day on which the latest filing is made COMPLETED. If the 3,648
board or the commissioner in adopting a rule designates an 3,650
effective date that is later than the effective date provided for 3,651
by this division, the rule if filed as required by this division 3,652
shall become effective on the later date designated by the board 3,653
or commissioner.
85
(B) The board and commissioner shall file the rule in 3,655
compliance with the following standards and procedures: 3,656
(1) The rule shall be numbered in accordance with the 3,658
numbering system devised by the director for the Ohio 3,659
administrative code. 3,660
(2) The rule shall be prepared and submitted in compliance 3,662
with the rules of the legislative service commission. 3,663
(3) The rule shall clearly state the date on which it is 3,665
to be effective and the date on which it will expire, if known. 3,666
(4) Each rule that amends or rescinds another rule shall 3,668
clearly refer to the rule that is amended or rescinded. Each 3,669
amendment shall fully restate the rule as amended. 3,670
If the director of the legislative service commission or 3,672
his THE DIRECTOR'S designee gives the board or commissioner 3,673
written notice pursuant to section 103.05 of the Revised Code 3,674
that a rule filed by the board or commissioner is not in 3,676
compliance with the rules of the legislative service commission, 3,677
the board or commissioner shall within thirty days after receipt 3,678
of the notice conform the rule to the rules of the legislative 3,679
service commission as directed in the notice. 3,680
All rules of the department and board filed pursuant to 3,682
division (A)(1) of this section shall be recorded by the 3,683
secretary of state and the director under the name of the 3,684
department or board and shall be numbered in accordance with the 3,685
numbering system devised by the director. The secretary of state 3,686
and the director shall preserve the rules in an accessible 3,687
manner. Each such rule shall be a public record open to public 3,688
inspection and may be lent TRANSMITTED to any law publishing 3,689
company that wishes to reproduce it. Each such rule shall also 3,691
be made available to interested parties upon request directed to 3,692
the department. 3,693
(C) Applications for review of any rule adopted and 3,695
promulgated by the commissioner may be filed with the board by 3,696
any person who has been or may be injured by the operation of the 3,697
86
rule. The appeal may be taken at any time after the rule is 3,698
filed with the secretary of the state, the director of the 3,699
legislative service commission, and, if applicable, the joint 3,700
committee on agency rule review. Failure to file an appeal does 3,701
not preclude any person from seeking any other remedy against the 3,702
application of the rule to him THE PERSON. The applications 3,703
shall set forth, or have attached thereto and incorporated by 3,704
reference, a true copy of the rule, and shall allege that the 3,705
rule complained of is unreasonable and shall state the grounds 3,706
upon which the allegation is based. Upon the filing of the 3,707
application, the board shall notify the commissioner of the 3,708
filing of the application, fix a time for hearing the 3,709
application, notify the commissioner and the applicant of the 3,710
time for the hearing, and afford both an opportunity to be heard. 3,711
The appellant, the tax commissioner, and any other interested 3,712
persons that the board permits, may introduce evidence. The 3,713
burden of proof to show that the rule is unreasonable shall be 3,714
upon the appellant. After the hearing, the board shall determine 3,715
whether the rule complained of is reasonable or unreasonable. A 3,716
determination that the rule complained of is unreasonable shall 3,717
require a majority vote of the three members of the board, and 3,718
the reasons for the determination shall be entered on the journal 3,719
of the board. 3,720
Upon determining that the rule complained of is 3,722
unreasonable, the board shall file copies of its determination as 3,723
follows: 3,724
(1) Two certified copies of the THE determination shall be 3,726
filed IN BOTH PRINT AND ELECTRONIC FORM with both the secretary 3,727
of state and the director of the legislative service commission, 3,729
who shall note the date of their receipt of the certified copies 3,730
conspicuously in their files of the rules of the department; 3,731
(2) Two certified copies of the THE determination shall be 3,733
filed IN BOTH PRINT AND ELECTRONIC FORM with the joint committee 3,734
on agency rule review. Division (C)(2) of this section does not 3,736
87
apply to any rule to which division (H) of section 119.03 of the 3,737
Revised Code does not apply. 3,738
On the tenth day after the copies of the determination have 3,740
HAS been received by the secretary of state, the director, and, 3,742
if applicable, the joint committee, the rule referred to in the 3,743
determination shall cease to be in effect. If all copies FILINGS 3,745
of the determination are not filed ARE NOT COMPLETED on the same 3,746
day, the rule shall remain in effect until the tenth day after 3,748
the day on which the latest filing is made COMPLETED. This 3,749
section does not apply to licenses issued under sections 5735.02, 3,751
5739.17, and 5743.15 of the Revised Code, which shall be governed 3,752
by sections 119.01 to 119.13 of the Revised Code. 3,753
The board is not required to hear an application for the 3,755
review of any rule where the grounds of the allegation that the 3,756
rule is unreasonable have been previously contained in an 3,757
application for review and have been previously heard and passed 3,758
upon by the board. 3,759
(D) This section does not apply to the adoption of any 3,761
rule, or to the amendment or rescission of any rule by the tax 3,762
commissioner under division (C)(1) or (2) of section 5117.02 of 3,763
the Revised Code. 3,764
(E) As used in this section, "substantive revision" has 3,766
the same meaning as in division (J) of section 119.01 of the 3,767
Revised Code. 3,768
Section 4. That existing sections 103.05, 111.15, 117.20, 3,770
119.03, 119.031, 119.032, 119.0311, 119.04, 121.24, 121.39, 3,771
127.18, 4141.14, 5117.02, and 5703.14 of the Revised Code are 3,772
hereby repealed.
Section 5. Sections 3 and 4 of this act take effect April 3,774
1, 2001.
Section 6. That sections 103.05, 111.15, 117.20, 119.03, 3,776
119.031, 119.032, 119.0311, 119.04, 121.24, 121.39, 127.18, 3,777
4141.14, 5117.02, and 5703.14 be amended and section 103.0512 of 3,778
the Revised Code be enacted to read as follows: 3,779
88
Sec. 103.05. (A) The director of the legislative service 3,788
commission shall be the codifier of the rules of the 3,789
administrative agencies of the state. When a rule is filed under 3,790
section 111.15, 119.04, 4141.14, or 5703.14 of the Revised Code, 3,791
the director or the director's designee shall examine the rule. 3,793
If the rule is not numbered or if the numbering of the rule is 3,794
not in conformity with the system established by the director, 3,795
the director shall give the rule its proper number by designating 3,796
the proper number on the left hand margin of the rule. The 3,797
number shall be the official administrative code number of the 3,798
rule. Any number so assigned shall be published in any 3,799
publication of the administrative code. Rules of the 3,800
administrative code shall be cited and referred to by such 3,801
official numbers.
The legislative service commission shall, pursuant to 3,803
section 111.15 of the Revised Code, adopt, amend, and rescind any 3,804
rules that are necessary to provide a uniform administrative 3,805
code; to provide standards for use by the director in determining 3,806
whether to include in the administrative code the full text of, 3,807
or a reference to, any rule filed with the commission; to permit 3,809
the director to discharge the director's duties and exercise the 3,810
director's powers as described in this section; and to permit the 3,811
director to discharge the director's duties and exercise the 3,813
director's powers with respect to establishing and maintaining, 3,814
and enhancing and improving, the electronic rule-filing system 3,815
under section 103.0511 of the Revised Code.
When the commission adopts rules to provide standards for 3,817
use by the director in determining whether to include the full 3,818
text of, or a reference to, a rule in the administrative code, it 3,819
shall consider all of the following: 3,820
(1) Whether the rule applies uniformly to all citizens of 3,822
the state; 3,823
(2) Whether the rule applies uniformly to all political 3,825
subdivisions of the state; 3,826
89
(3) Whether the rule affects the health, welfare, and 3,828
safety of the citizens of the state; 3,829
(4) Whether the rule applies only to the internal affairs 3,831
of the agency adopting the rule; 3,832
(5) The number of persons affected by the rule; 3,834
(6) Whether the rule affects the statutory or 3,836
constitutional rights of any person. 3,837
The director or the director's designee shall accept any 3,839
rule that is filed under section 111.15, 119.04, 4141.14, or 3,841
5703.14 of the Revised Code. If the director or the director's 3,842
designee accepts a rule that is not in compliance with the rules 3,843
of the commission, the director shall give notice of the 3,844
noncompliance in both print and electronic form to the agency 3,845
that filed the rule within thirty days after the date on which 3,846
the rule is filed. The notice shall indicate why the rule does 3,847
not comply with the rules of the commission and how the rule can 3,848
be brought into compliance. The failure of the director to give 3,849
an agency notice within the thirty-day period shall presumptively 3,850
establish that the rule complies with the rules of the 3,851
commission. 3,852
(B) The director shall approve as acceptable any 3,854
publication of the code conforming to the requirements of this 3,855
division.
An Ohio administrative code approved as acceptable by the 3,858
director shall:
(1) Contain a compilation of the full text of, or a 3,860
reference to, each rule filed under sections 111.15, 119.04, 3,861
4141.14, and 5703.14 of the Revised Code; 3,862
(2) Presumptively establish the rules of all agencies 3,864
adopting rules under section 111.15, 4141.14, 5703.14, or Chapter 3,865
119. of the Revised Code that are in effect on the day of its 3,866
initial publication; 3,867
(3) Contain the full text of, or a reference to, each rule 3,870
adopted after its initial publication and be updated at least 3,871
90
quarterly;
(4) Contain an index of the rules and references to rules 3,873
that are included in the code and each supplement using terms 3,874
easily understood by the general public; 3,875
(5) Be published in electronic or print format following, 3,878
to the extent possible, the subject matter arrangement of the 3,880
Revised Code; 3,881
(6) Be numbered according to the numbering system devised 3,883
by the director. 3,884
(C) If the director does not approve as acceptable any 3,886
publication of the administrative code, the director, subject to 3,887
division (D) of this section, may prepare and publish the code, 3,889
or contract with any person under this division to prepare and 3,891
publish the code. Any code published under this division shall 3,892
include all of the requirements of division (B) of this section. 3,893
In addition, the director shall furnish any code or supplement 3,894
published under this division to any person who requests the code 3,896
or supplement upon payment of a charge established by the 3,897
director, not to exceed the cost of preparation and publication. 3,898
Upon the request of the director of the legislative service 3,900
commission under this division, the director of administrative 3,901
services, in accordance with the competitive selection procedure 3,902
of Chapter 125. of the Revised Code, shall let a contract for the 3,903
compilation, preparation, and printing or publication of the 3,904
administrative code and supplements. 3,905
(D) The director shall not prepare and publish the 3,907
administrative code in a print mode or any other mode under 3,908
division (B) or (C) of this section unless no other person is 3,909
willing and qualified to publish a version of the code in that 3,910
mode that the director has approved as acceptable. 3,911
Sec. 103.0512. IF THERE IS AN EXPECTED OR UNEXPECTED SHUT 3,913
DOWN OF THE WHOLE OR PART OF THE ELECTRONIC RULE-FILING SYSTEM, 3,914
SUCH AS FOR MAINTENANCE OR BECAUSE OF HARDWARE OR SOFTWARE 3,915
FAILURE, THE DIRECTOR OF THE LEGISLATIVE SERVICE COMMISSION MAY 3,916
91
TEMPORARILY AUTHORIZE AN AGENCY THAT IS REQUIRED TO FILE RULES 3,917
AND OTHER RULE-MAKING AND RULE-RELATED DOCUMENTS EXCLUSIVELY IN
ELECTRONIC FORM NEVERTHELESS TO FILE RULES AND OTHER RULE-MAKING 3,918
AND RULE-RELATED DOCUMENTS IN PRINT FORM. 3,919
Sec. 111.15. (A) As used in this section: 3,928
(1) "Rule" includes any rule, regulation, bylaw, or 3,930
standard having a general and uniform operation adopted by an 3,931
agency under the authority of the laws governing the agency; any 3,932
appendix to a rule; and any internal management rule. "Rule" 3,933
does not include any guideline adopted pursuant to section 3,934
3301.0714 of the Revised Code, any order respecting the duties of 3,935
employees, any finding, any determination of a question of law or 3,936
fact in a matter presented to an agency, or any rule promulgated 3,937
pursuant to Chapter 119., section 4141.14, division (C)(1) or (2) 3,938
of section 5117.02, or section 5703.14 of the Revised Code. 3,939
"Rule" includes any amendment or rescission of a rule. 3,940
(2) "Agency" means any governmental entity of the state 3,942
and includes, but is not limited to, any board, department, 3,943
division, commission, bureau, society, council, institution, 3,944
state college or university, community college district, 3,945
technical college district, or state community college. "Agency" 3,946
does not include the general assembly, the controlling board, the 3,948
adjutant general's department, or any court. 3,949
(3) "Internal management rule" means any rule, regulation, 3,951
bylaw, or standard governing the day-to-day staff procedures and 3,952
operations within an agency. 3,953
(4) "Substantive revision" has the same meaning as in 3,955
division (J) of section 119.01 of the Revised Code. 3,956
(B)(1) Any rule, other than a rule of an emergency nature, 3,958
adopted by any agency pursuant to this section shall be effective 3,959
on the tenth day after the day on which the rule in final form 3,960
and in compliance with division (B)(3) of this section is filed 3,961
as follows: 3,962
(a) The rule shall be filed in both print and electronic 3,964
92
form with both the secretary of state and the director of the 3,965
legislative service commission; 3,966
(b) The rule shall be filed in both print and electronic 3,968
form with the joint committee on agency rule review. Division 3,969
(B)(1)(b) of this section does not apply to any rule to which 3,970
division (D) of this section does not apply. 3,971
An agency that adopts or amends a rule that is subject to 3,973
division (D) of this section shall assign a review date to the 3,975
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 3,976
assigned to a rule exceeds the five-year maximum, the review date 3,977
for the rule is five years after its effective date. A rule with 3,978
a review date is subject to review under section 119.032 of the 3,979
Revised Code. This paragraph does not apply to a rule of a state 3,981
college or university, community college district, technical
college district, or state community college. 3,982
If all filings are not completed on the same day, the rule 3,984
shall be effective on the tenth day after the day on which the 3,985
latest filing is completed. If an agency in adopting a rule 3,986
designates an effective date that is later than the effective 3,987
date provided for by division (B)(1) of this section, the rule if 3,988
filed as required by such division shall become effective on the 3,989
later date designated by the agency. 3,990
Any rule that is required to be filed under division (B)(1) 3,992
of this section is also subject to division (D) of this section 3,993
if not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), 3,995
or (8) of this section.
(2) A rule of an emergency nature necessary for the 3,997
immediate preservation of the public peace, health, or safety 3,998
shall state the reasons for the necessity. The emergency rule, 4,000
in final form and in compliance with division (B)(3) of this 4,001
section, shall be filed in both print and electronic form with 4,003
the secretary of state, the director of the legislative service 4,004
commission, and the joint committee on agency rule review. The 4,006
93
emergency rule is effective immediately upon completion of the 4,007
latest filing, except that if the agency in adopting the 4,008
emergency rule designates an effective date, or date and time of 4,009
day, that is later than the effective date and time provided for 4,010
by division (B)(2) of this section, the emergency rule if filed 4,011
as required by such division shall become effective at the later 4,012
date, or later date and time of day, designated by the agency. 4,013
An emergency rule becomes invalid at the end of the 4,015
ninetieth day it is in effect. Prior to that date, the agency 4,016
may file the emergency rule as a nonemergency rule in compliance 4,017
with division (B)(1) of this section. The agency may not refile 4,018
the emergency rule in compliance with division (B)(2) of this 4,019
section so that, upon the emergency rule becoming invalid under 4,020
such division, the emergency rule will continue in effect without 4,021
interruption for another ninety-day period. 4,022
(3) An agency shall file a rule under division (B)(1) or 4,024
(2) of this section in compliance with the following standards 4,025
and procedures: 4,026
(a) The rule shall be numbered in accordance with the 4,028
numbering system devised by the director for the Ohio 4,029
administrative code. 4,030
(b) The rule shall be prepared and submitted in compliance 4,032
with the rules of the legislative service commission. 4,033
(c) The rule shall clearly state the date on which it is 4,035
to be effective and the date on which it will expire, if known. 4,036
(d) Each rule that amends or rescinds another rule shall 4,038
clearly refer to the rule that is amended or rescinded. Each 4,039
amendment shall fully restate the rule as amended. 4,040
If the director of the legislative service commission or 4,042
the director's designee gives an agency notice pursuant to 4,044
section 103.05 of the Revised Code that a rule filed by the 4,045
agency is not in compliance with the rules of the legislative 4,046
service commission, the agency shall within thirty days after 4,047
receipt of the notice conform the rule to the rules of the 4,048
94
commission as directed in the notice. 4,049
(C) All rules filed pursuant to divisions (B)(1)(a) and 4,051
(2) of this section shall be recorded by the secretary of state 4,052
and the director under the title of the agency adopting the rule 4,053
and shall be numbered according to the numbering system devised 4,054
by the director. The secretary of state and the director shall 4,055
preserve the rules in an accessible manner. Each such rule shall 4,056
be a public record open to public inspection and may be 4,057
transmitted to any law publishing company that wishes to 4,058
reproduce it.
(D) At least sixty-five days before a board, commission, 4,060
department, division, or bureau of the government of the state 4,061
files a rule under division (B)(1) of this section, it shall file 4,062
the full text of the proposed rule in both print and electronic 4,063
form with the joint committee on agency rule review, and the 4,066
proposed rule is subject to legislative review and invalidation 4,068
under division (I) of section 119.03 of the Revised Code. If a 4,069
state board, commission, department, division, or bureau makes a 4,070
substantive revision in a proposed rule after it is filed with 4,071
the joint committee, the state board, commission, department, 4,072
division, or bureau shall promptly file the full text of the 4,075
proposed rule in its revised form in both print and electronic 4,076
form with the joint committee. The latest version of a proposed 4,078
rule as filed with the joint committee supersedes each earlier 4,079
version of the text of the same proposed rule. Except as 4,081
provided in division (F) of this section, a state board, 4,082
commission, department, division, or bureau shall also file the 4,083
rule summary and fiscal analysis prepared under section 121.24 or 4,084
127.18 of the Revised Code, or both, in both print and electronic 4,085
form along with a proposed rule, and along with a proposed rule 4,087
in revised form, that is filed under this division. 4,088
As used in this division, "commission" includes the public 4,090
utilities commission when adopting rules under a federal or state 4,091
statute.
95
This division does not apply to any of the following: 4,093
(1) A proposed rule of an emergency nature; 4,095
(2) A rule proposed under section 1121.05, 1121.06, 4,097
1155.18, 1733.412, 4123.29, 4123.34, 4123.341, 4123.342, 4123.40, 4,098
4123.411, 4123.44, or 4123.442 of the Revised Code; 4,100
(3) A rule proposed by an agency other than a board, 4,102
commission, department, division, or bureau of the government of 4,103
the state; 4,104
(4) A proposed internal management rule of a board, 4,106
commission, department, division, or bureau of the government of 4,107
the state; 4,108
(5) Any proposed rule that must be adopted verbatim by an 4,110
agency pursuant to federal law or rule, to become effective 4,111
within sixty days of adoption, in order to continue the operation 4,112
of a federally reimbursed program in this state, so long as the 4,113
proposed rule contains both of the following: 4,114
(a) A statement that it is proposed for the purpose of 4,116
complying with a federal law or rule; 4,117
(b) A citation to the federal law or rule that requires 4,119
verbatim compliance. 4,120
(6) An initial rule proposed by the director of health to 4,122
impose safety standards, quality-of-care standards, and 4,123
quality-of-care data reporting requirements with respect to a 4,124
health service specified in section 3702.11 of the Revised Code, 4,125
or an initial rule proposed by the director to impose quality 4,127
standards on a facility listed in division (A)(4) of section
3702.30 of the Revised Code, if section 3702.12 of the Revised 4,128
Code requires that the rule be adopted under this section; 4,129
(7) A rule of the state lottery commission pertaining to 4,131
instant game rules. 4,132
If a rule is exempt from legislative review under division 4,134
(D)(5) of this section, and if the federal law or rule pursuant 4,135
to which the rule was adopted expires, is repealed or rescinded, 4,136
or otherwise terminates, the rule is thereafter subject to 4,137
96
legislative review under division (D) of this section. 4,138
(E) Whenever a state board, commission, department, 4,140
division, or bureau files a proposed rule or a proposed rule in 4,141
revised form under division (D) of this section, it shall also 4,142
file the full text of the same proposed rule or proposed rule in 4,144
revised form in both print and electronic form with the secretary 4,145
of state and the director of the legislative service commission. 4,147
Except as provided in division (F) of this section, a state 4,148
board, commission, department, division, or bureau shall file the 4,149
rule summary and fiscal analysis prepared under section 121.24 or 4,150
127.18 of the Revised Code, or both, in both print and electronic 4,151
form along with a proposed rule or proposed rule in revised form 4,152
that is filed with the secretary of state or the director of the 4,153
legislative service commission. 4,154
(F) Except as otherwise provided in this division, the 4,156
auditor of state or the auditor of state's designee is not 4,157
required to file a rule summary and fiscal analysis along with a 4,159
proposed rule, or proposed rule in revised form, that the auditor 4,160
of state proposes under section 117.12, 117.19, 117.38, or 117.43 4,162
of the Revised Code and files under division (D) or (E) of this 4,163
section. If, however, the auditor of state or the designee 4,164
prepares a rule summary and fiscal analysis of the original 4,165
version of such a proposed rule for purposes of complying with 4,166
section 121.24 of the Revised Code, the auditor of state or 4,167
designee shall file the rule summary and fiscal analysis in both 4,169
print and electronic form along with the original version of the 4,170
proposed rule filed under division (D) or (E) of this section. 4,171
Sec. 117.20. (A) In adopting rules pursuant to Chapter 4,181
117. of the Revised Code, the auditor of state or the auditor of 4,182
state's designee shall do both of the following: 4,183
(1) Before adopting any such rule, except a rule of an 4,185
emergency nature, do each of the following: 4,186
(a) At least thirty-five days before any public hearing on 4,188
the proposed rule-making action, mail notice of the hearing to 4,189
97
each public office and to each statewide organization that the 4,190
auditor of state or designee determines will be affected or 4,192
represents persons who will be affected by the proposed 4,193
rule-making action;
(b) Mail a copy of the proposed rule to any person or 4,195
organization that requests a copy within five days after receipt 4,196
of the request; 4,197
(c) Consult with appropriate state and local government 4,199
agencies, or with persons representative of their interests, 4,200
including statewide organizations of local government officials, 4,201
and consult with accounting professionals and other interested 4,202
persons; 4,203
(d) Conduct, on the date and at the time and place 4,205
designated in the notice, a public hearing at which any person 4,206
affected by the proposed rule, including statewide organizations 4,207
of local government officials, may appear and be heard in person, 4,208
by attorney, or both, and may present the person's or 4,209
organization's position or contentions orally or in writing. 4,211
(2) Except as otherwise provided in division (A)(2) of 4,213
this section, comply with divisions (B) to (E) of section 111.15 4,214
of the Revised Code. The auditor of state is not required to 4,215
file a rule summary and fiscal analysis along with any copy of a 4,216
proposed rule, or proposed rule in revised form, that is filed 4,217
with the joint committee on agency rule review, the secretary of 4,218
state, or the director of the legislative service commission 4,219
under division (D) or (E) of section 111.15 of the Revised Code; 4,220
however, if the auditor of state or the auditor of state's 4,221
designee prepares a rule summary and fiscal analysis of the 4,223
original version of a proposed rule for purposes of complying 4,224
with section 121.24 of the Revised Code, the auditor of state or 4,225
designee shall file a copy of the rule summary and fiscal 4,226
analysis in both print and electronic form along with the 4,227
original version of the proposed rule filed under division (D) or 4,229
(E) of section 111.15 of the Revised Code. 4,231
98
(B) The auditor of state shall diligently discharge the 4,233
duties imposed by divisions (A)(1)(a), (b), and (c) of this 4,234
section, but failure to mail any notice or copy of a proposed 4,235
rule, or to consult with any person or organization, shall not 4,236
invalidate any rule. 4,237
(C) Notwithstanding any contrary provision of the Revised 4,239
Code, the auditor of state may prepare and disseminate, to public 4,240
offices and other interested persons and organizations, advisory 4,241
bulletins, directives, and instructions relating to accounting 4,242
and financial reporting systems, budgeting procedures, fiscal 4,243
controls, and the constructions by the auditor of state of 4,244
constitutional and statutory provisions, court decisions, and 4,245
opinions of the attorney general. The bulletins, directives, and 4,246
instructions shall be of an advisory nature only. 4,247
(D) As used in this section, "rule" includes the adoption, 4,249
amendment, or rescission of a rule. 4,250
Sec. 119.03. In the adoption, amendment, or rescission of 4,252
any rule, an agency shall comply with the following procedure: 4,253
(A) Reasonable public notice shall be given in the 4,255
register of Ohio at least thirty days prior to the date set for a 4,257
hearing, in the form the agency determines. The agency shall 4,258
file copies of the public notice under division (B) of this 4,259
section. (The agency gives public notice in the register of Ohio 4,260
when the public notice is published in the register under that 4,261
division.)
The public notice shall include: 4,264
(1) A statement of the agency's intention to consider 4,266
adopting, amending, or rescinding a rule; 4,267
(2) A synopsis of the proposed rule, amendment, or rule to 4,269
be rescinded or a general statement of the subject matter to 4,270
which the proposed rule, amendment, or rescission relates; 4,271
(3) A statement of the reason or purpose for adopting, 4,273
amending, or rescinding the rule; 4,274
(4) The date, time, and place of a hearing on the proposed 4,276
99
action, which shall be not earlier than the thirty-first nor 4,278
later than the fortieth day after the proposed rule, amendment, 4,280
or rescission is filed under division (B) of this section. 4,281
In addition to public notice given in the register of Ohio, 4,284
the agency may give whatever other notice it reasonably considers 4,286
necessary to ensure notice constructively is given to all persons 4,287
who are subject to or affected by the proposed rule, amendment, 4,288
or rescission.
The agency shall provide a copy of the public notice 4,291
required under division (A) of this section to any person who 4,292
requests it and pays a reasonable fee, not to exceed the cost of 4,293
copying and mailing. 4,294
(B) The full text of the proposed rule, amendment, or rule 4,297
to be rescinded, accompanied by the public notice required under 4,298
division (A) of this section, shall be filed in both print and 4,299
electronic form with the secretary of state and with the director 4,302
of the legislative service commission. (If in compliance with 4,303
this division an agency files more than one proposed rule, 4,304
amendment, or rescission at the same time, and has prepared a 4,305
public notice under division (A) of this section that applies to 4,308
more than one of the proposed rules, amendments, or rescissions, 4,309
the agency shall file only one notice with the secretary of state 4,310
and with the director for all of the proposed rules, amendments, 4,311
or rescissions to which the notice applies.) The proposed rule, 4,312
amendment, or rescission and public notice shall be filed as 4,313
required by this division at least sixty-five days prior to the 4,314
date on which the agency, in accordance with division (D) of this 4,315
section, issues an order adopting the proposed rule, amendment, 4,316
or rescission. 4,317
The proposed rule, amendment, or rescission shall be 4,320
available for at least thirty days prior to the date of the
hearing at the office of the agency in printed or other legible 4,321
form without charge to any person affected by the proposal. 4,322
Failure to furnish such text to any person requesting it shall 4,323
100
not invalidate any action of the agency in connection therewith. 4,324
If the agency files a substantive revision in the text of 4,326
the proposed rule, amendment, or rescission under division (H) of 4,327
this section, it shall also promptly file the full text of the 4,329
proposed rule, amendment, or rescission in its revised form in 4,330
both print and electronic form with the secretary of state and 4,331
with the director of the legislative service commission. 4,332
The agency shall file the rule summary and fiscal analysis 4,336
prepared under section 121.24 or 127.18 of the Revised Code, or 4,337
both, in both print and electronic form along with a proposed 4,338
rule, amendment, or rescission or proposed rule, amendment, or 4,341
rescission in revised form that is filed with the secretary of 4,342
state or the director of the legislative service commission. 4,343
The director of the legislative service commission shall 4,345
publish in the register of Ohio the full text of the original and 4,347
each revised version of a proposed rule, amendment, or 4,348
rescission; the full text of a public notice; and the full text 4,350
of a rule summary and fiscal analysis that is filed with the 4,351
director under this division.
(C) On the date and at the time and place designated in 4,353
the notice, the agency shall conduct a public hearing at which 4,354
any person affected by the proposed action of the agency may 4,355
appear and be heard in person, by the person's attorney, or both, 4,357
may present the person's position, arguments, or contentions, 4,358
orally or in writing, offer and examine witnesses, and present 4,360
evidence tending to show that the proposed rule, amendment, or 4,361
rescission, if adopted or effectuated, will be unreasonable or 4,362
unlawful. An agency may permit persons affected by the proposed 4,363
rule, amendment, or rescission to present their positions, 4,364
arguments, or contentions in writing, not only at the hearing, 4,365
but also for a reasonable period before, after, or both before 4,366
and after the hearing. A person who presents a position or 4,367
arguments or contentions in writing before or after the hearing 4,368
is not required to appear at the hearing. 4,369
101
At the hearing, the testimony shall be recorded. Such 4,371
record shall be made at the expense of the agency. The agency is 4,374
required to transcribe a record that is not sight readable only 4,375
if a person requests transcription of all or part of the record 4,376
and agrees to reimburse the agency for the costs of the 4,377
transcription. An agency may require the person to pay in 4,378
advance all or part of the cost of the transcription. 4,379
In any hearing under this section the agency may administer 4,381
oaths or affirmations. 4,382
(D) After complying with divisions (A), (B), (C), and (H) 4,385
of this section, and when the time for legislative review and 4,386
invalidation under division (I) of this section has expired, the 4,387
agency may issue an order adopting the proposed rule or the 4,388
proposed amendment or rescission of the rule, consistent with the 4,389
synopsis or general statement included in the public notice. At 4,390
that time the agency shall designate the effective date of the 4,391
rule, amendment, or rescission, which shall not be earlier than 4,392
the tenth day after the rule, amendment, or rescission has been 4,393
filed in its final form as provided in section 119.04 of the 4,394
Revised Code. 4,395
(E) Prior to the effective date of a rule, amendment, or 4,397
rescission, the agency shall make a reasonable effort to inform 4,398
those affected by the rule, amendment, or rescission and to have 4,399
available for distribution to those requesting it the full text 4,400
of the rule as adopted or as amended. 4,401
(F) If the governor, upon the request of an agency, 4,403
determines that an emergency requires the immediate adoption, 4,404
amendment, or rescission of a rule, the governor shall issue an 4,406
order, the text of which shall be filed in both print and
electronic form with the agency, the secretary of state, the 4,408
director of the legislative service commission, and the joint 4,409
committee on agency rule review, that the procedure prescribed by 4,410
this section with respect to the adoption, amendment, or 4,411
rescission of a specified rule is suspended. The agency may then 4,412
102
adopt immediately the emergency rule, amendment, or rescission 4,413
and it becomes effective on the date the rule, amendment, or 4,414
rescission, in final form and in compliance with division (A)(2) 4,415
of section 119.04 of the Revised Code, are filed in both print 4,416
and electronic form with the secretary of state, the director of 4,418
the legislative service commission, and the joint committee on 4,419
agency rule review. If all filings are not completed on the same 4,420
day, the emergency rule, amendment, or rescission shall be 4,421
effective on the day on which the latest filing is completed. 4,422
The director shall publish the full text of the emergency rule, 4,423
amendment, or rescission in the register of Ohio. 4,424
The emergency rule, amendment, or rescission shall become 4,427
invalid at the end of the ninetieth day it is in effect. Prior 4,428
to that date the agency may adopt the emergency rule, amendment, 4,429
or rescission as a nonemergency rule, amendment, or rescission by 4,430
complying with the procedure prescribed by this section for the 4,431
adoption, amendment, and rescission of nonemergency rules. The 4,432
agency shall not use the procedure of this division to readopt 4,433
the emergency rule, amendment, or rescission so that, upon the 4,434
emergency rule, amendment, or rescission becoming invalid under 4,435
this division, the emergency rule, amendment, or rescission will 4,436
continue in effect without interruption for another ninety-day 4,437
period.
This division does not apply to the adoption of any 4,439
emergency rule, amendment, or rescission by the tax commissioner 4,440
under division (C)(2) of section 5117.02 of the Revised Code. 4,441
(G) Rules adopted by an authority within the department of 4,443
taxation or the bureau of employment services shall be effective 4,444
without a hearing as provided by this section if the statutes 4,445
pertaining to such agency specifically give a right of appeal to 4,446
the board of tax appeals or to a higher authority within the 4,447
agency or to a court, and also give the appellant a right to a 4,448
hearing on such appeal. This division does not apply to the 4,449
adoption of any rule, amendment, or rescission by the tax 4,450
103
commissioner under division (C)(1) or (2) of section 5117.02 of 4,451
the Revised Code, or deny the right to file an action for 4,452
declaratory judgment as provided in Chapter 2721. of the Revised 4,453
Code from the decision of the board of tax appeals or of the 4,454
higher authority within such agency. 4,455
(H) When any agency files a proposed rule, amendment, or 4,457
rescission under division (B) of this section, it shall also file 4,458
in both print and electronic form with the joint committee on 4,460
agency rule review the full text of the proposed rule, amendment, 4,461
or rule to be rescinded in the same form and the public notice 4,462
required under division (A) of this section. (If in compliance 4,463
with this division an agency files more than one proposed rule, 4,464
amendment, or rescission at the same time, and has given a public 4,465
notice under division (A) of this section that applies to more 4,466
than one of the proposed rules, amendments, or rescissions, the 4,467
agency shall file only one notice with the joint committee for 4,469
all of the proposed rules, amendments, or rescissions to which 4,470
the notice applies.) If the agency makes a substantive revision 4,471
in a proposed rule, amendment, or rescission after it is filed 4,472
with the joint committee, the agency shall promptly file the full 4,473
text of the proposed rule, amendment, or rescission in its 4,474
revised form in both print and electronic form with the joint 4,476
committee. The latest version of a proposed rule, amendment, or 4,477
rescission as filed with the joint committee supersedes each 4,478
earlier version of the text of the same proposed rule, amendment, 4,479
or rescission. An agency shall file the rule summary and fiscal 4,481
analysis prepared under section 121.24 or 127.18 of the Revised 4,482
Code, or both, in both print and electronic form along with a 4,484
proposed rule, amendment, or rescission, and along with a 4,485
proposed rule, amendment, or rescission in revised form, that is 4,486
filed under this division. 4,487
This division does not apply to: 4,489
(1) An emergency rule, amendment, or rescission; 4,491
(2) Any proposed rule, amendment, or rescission that must 4,493
104
be adopted verbatim by an agency pursuant to federal law or rule, 4,494
to become effective within sixty days of adoption, in order to 4,495
continue the operation of a federally reimbursed program in this 4,496
state, so long as the proposed rule contains both of the 4,497
following: 4,498
(a) A statement that it is proposed for the purpose of 4,500
complying with a federal law or rule; 4,501
(b) A citation to the federal law or rule that requires 4,503
verbatim compliance. 4,504
If a rule or amendment is exempt from legislative review 4,506
under division (H)(2) of this section, and if the federal law or 4,507
rule pursuant to which the rule or amendment was adopted expires, 4,508
is repealed or rescinded, or otherwise terminates, the rule or 4,509
amendment, or its rescission, is thereafter subject to 4,510
legislative review under division (H) of this section. 4,511
(I)(1) The joint committee on agency rule review may 4,513
recommend the adoption of a concurrent resolution invalidating a 4,514
proposed rule, amendment, rescission, or part thereof if it finds 4,515
any of the following: 4,516
(a) That the rule-making agency has exceeded the scope of 4,518
its statutory authority in proposing the rule, amendment, or 4,519
rescission; 4,520
(b) That the proposed rule, amendment, or rescission 4,522
conflicts with another rule, amendment, or rescission adopted by 4,523
the same or a different rule-making agency; 4,524
(c) That the proposed rule, amendment, or rescission 4,526
conflicts with the legislative intent in enacting the statute 4,527
under which the rule-making agency proposed the rule, amendment, 4,528
or rescission; 4,529
(d) That the rule-making agency has failed to prepare a 4,531
complete and accurate rule summary and fiscal analysis of the 4,532
proposed rule, amendment, or rescission as required by section 4,533
121.24 or 127.18 of the Revised Code, or both. 4,534
The joint committee shall not hold its public hearing on a 4,536
105
proposed rule, amendment, or rescission earlier than the 4,537
forty-first day after the original version of the proposed rule, 4,538
amendment, or rescission was filed with the joint committee. 4,539
The house of representatives and senate may adopt a 4,541
concurrent resolution invalidating a proposed rule, amendment, 4,542
rescission, or part thereof. The concurrent resolution shall 4,543
state which of the specific rules, amendments, rescissions, or 4,544
parts thereof are invalidated. A concurrent resolution 4,545
invalidating a proposed rule, amendment, or rescission shall be 4,546
adopted not later than the sixty-fifth day after the original 4,548
version of the text of the proposed rule, amendment, or 4,549
rescission is filed with the joint committee, except that if more 4,550
than thirty-five days after the original version is filed the 4,551
rule-making agency either files a revised version of the text of 4,552
the proposed rule, amendment, or rescission, or revises the rule 4,553
summary and fiscal analysis in accordance with division (I)(4) of 4,554
this section, a concurrent resolution invalidating the proposed 4,555
rule, amendment, or rescission shall be adopted not later than 4,556
the thirtieth day after the revised version of the proposed rule 4,558
or rule summary and fiscal analysis is filed. If, after the 4,559
joint committee on agency rule review recommends the adoption of 4,560
a concurrent resolution invalidating a proposed rule, amendment, 4,561
rescission, or part thereof, the house of representatives or 4,562
senate does not, within the time remaining for adoption of the 4,563
concurrent resolution, hold five floor sessions at which its 4,564
journal records a roll call vote disclosing a sufficient number 4,565
of members in attendance to pass a bill, the time within which 4,566
that house may adopt the concurrent resolution is extended until 4,567
it has held five such floor sessions. 4,568
Within five days after the adoption of a concurrent 4,570
resolution invalidating a proposed rule, amendment, rescission, 4,571
or part thereof, the clerk of the senate shall send the 4,572
rule-making agency, the secretary of state, and the director of 4,573
the legislative service commission in both print and electronic 4,574
106
form a certified text of the resolution together with a 4,576
certification stating the date on which the resolution takes 4,577
effect. The secretary of state and the director of the 4,578
legislative service commission shall each note the invalidity of 4,579
the proposed rule, amendment, rescission, or part thereof, and 4,580
shall each remove the invalid proposed rule, amendment, 4,582
rescission, or part thereof from the file of proposed rules. The 4,583
rule-making agency shall not proceed to adopt in accordance with 4,584
division (D) of this section, or to file in accordance with 4,585
division (B)(1) of section 111.15 of the Revised Code, any 4,586
version of a proposed rule, amendment, rescission, or part 4,587
thereof that has been invalidated by concurrent resolution. 4,588
Unless the house of representatives and senate adopt a 4,590
concurrent resolution invalidating a proposed rule, amendment, 4,591
rescission, or part thereof within the time specified by this 4,592
division, the rule-making agency may proceed to adopt in 4,593
accordance with division (D) of this section, or to file in 4,594
accordance with division (B)(1) of section 111.15 of the Revised 4,595
Code, the latest version of the proposed rule, amendment, or 4,596
rescission as filed with the joint committee. If by concurrent 4,597
resolution certain of the rules, amendments, rescissions, or 4,598
parts thereof are specifically invalidated, the rule-making 4,599
agency may proceed to adopt, in accordance with division (D) of 4,600
this section, or to file in accordance with division (B)(1) of 4,601
section 111.15 of the Revised Code, the latest version of the 4,602
proposed rules, amendments, rescissions, or parts thereof as 4,603
filed with the joint committee that are not specifically 4,604
invalidated. The rule-making agency may not revise or amend any 4,605
proposed rule, amendment, rescission, or part thereof that has 4,606
not been invalidated except as provided in this chapter or in 4,607
section 111.15 of the Revised Code. 4,608
(2)(a) A proposed rule, amendment, or rescission that is 4,610
filed with the joint committee under division (H) of this section 4,611
or division (D) of section 111.15 of the Revised Code shall be 4,612
107
carried over for legislative review to the next succeeding 4,613
regular session of the general assembly if the original or any 4,614
revised version of the proposed rule, amendment, or rescission is 4,615
filed with the joint committee on or after the first day of 4,616
December of any year. 4,617
(b) The latest version of any proposed rule, amendment, or 4,619
rescission that is subject to division (I)(2)(a) of this section, 4,620
as filed with the joint committee, is subject to legislative 4,621
review and invalidation in the next succeeding regular session of 4,622
the general assembly in the same manner as if it were the 4,623
original version of a proposed rule, amendment, or rescission 4,624
that had been filed with the joint committee for the first time 4,625
on the first day of the session. A rule-making agency shall not 4,626
adopt in accordance with division (D) of this section, or file in 4,627
accordance with division (B)(1) of section 111.15 of the Revised 4,628
Code, any version of a proposed rule, amendment, or rescission 4,629
that is subject to division (I)(2)(a) of this section until the 4,630
time for legislative review and invalidation, as contemplated by 4,631
division (I)(2)(b) of this section, has expired. 4,632
(3) Invalidation of any version of a proposed rule, 4,634
amendment, rescission, or part thereof by concurrent resolution 4,635
shall prevent the rule-making agency from instituting or 4,636
continuing proceedings to adopt any version of the same proposed 4,637
rule, amendment, rescission, or part thereof for the duration of 4,638
the general assembly that invalidated the proposed rule, 4,639
amendment, rescission, or part thereof unless the same general 4,640
assembly adopts a concurrent resolution permitting the 4,641
rule-making agency to institute or continue such proceedings. 4,642
The failure of the general assembly to invalidate a 4,644
proposed rule, amendment, rescission, or part thereof under this 4,645
section shall not be construed as a ratification of the 4,646
lawfulness or reasonableness of the proposed rule, amendment, 4,647
rescission, or any part thereof or of the validity of the 4,648
procedure by which the proposed rule, amendment, rescission, or 4,649
108
any part thereof was proposed or adopted. 4,650
(4) In lieu of recommending a concurrent resolution to 4,652
invalidate a proposed rule, amendment, rescission, or part 4,653
thereof because the rule-making agency has failed to prepare a 4,654
complete and accurate fiscal analysis, the joint committee on 4,655
agency rule review may issue, on a one-time basis, for rules, 4,656
amendments, rescissions, or parts thereof that have a fiscal 4,657
effect on school districts, counties, townships, or municipal 4,658
corporations, a finding that the rule summary and fiscal analysis 4,660
is incomplete or inaccurate and order the rule-making agency to 4,661
revise the rule summary and fiscal analysis and refile it with 4,662
the proposed rule, amendment, rescission, or part thereof. If an 4,663
emergency rule is filed as a nonemergency rule before the end of 4,664
the ninetieth day of the emergency rule's effectiveness, and the 4,665
joint committee issues a finding and orders the rule-making 4,666
agency to refile under division (I)(4) of this section, the 4,667
governor may also issue an order stating that the emergency rule 4,668
shall remain in effect for an additional sixty days after the 4,669
ninetieth day of the emergency rule's effectiveness. The 4,670
governor's orders shall be filed in accordance with division (F) 4,671
of this section. The joint committee shall send in both print 4,673
and electronic form to the rule-making agency, the secretary of 4,674
state, and the director of the legislative service commission a 4,675
certified text of the finding and order to revise the rule 4,676
summary and fiscal analysis, which shall take immediate effect. 4,678
An order issued under division (I)(4) of this section shall 4,681
prevent the rule-making agency from instituting or continuing 4,682
proceedings to adopt any version of the proposed rule, amendment, 4,683
rescission, or part thereof until the rule-making agency revises 4,684
the rule summary and fiscal analysis and refiles it in both print 4,686
and electronic form with the joint committee along with the 4,687
proposed rule, amendment, rescission, or part thereof. If the 4,688
joint committee finds the rule summary and fiscal analysis to be 4,689
complete and accurate, the joint committee shall issue a new 4,690
109
order noting that the rule-making agency has revised and refiled 4,691
a complete and accurate rule summary and fiscal analysis. The 4,692
joint committee shall send in both print and electronic form to 4,695
the rule-making agency, the secretary of state, and the director 4,696
of the legislative service commission a certified text of this 4,697
new order. The secretary of state and the director of the 4,698
legislative service commission shall each attach and link this 4,699
order to the proposed rule, amendment, rescission, or part 4,700
thereof. The rule-making agency may then proceed to adopt in 4,701
accordance with division (D) of this section, or to file in 4,702
accordance with division (B)(1) of section 111.15 of the Revised 4,703
Code, the proposed rule, amendment, rescission, or part thereof 4,704
that was subject to the finding and order under division (I)(4) 4,705
of this section. If the joint committee determines that the 4,706
revised rule summary and fiscal analysis is still inaccurate or 4,707
incomplete, the joint committee shall recommend the adoption of a 4,708
concurrent resolution in accordance with division (I)(1) of this 4,709
section.
Sec. 119.031. (A) The chairperson of the joint committee 4,719
on agency rule review shall compare each rule, amendment, or 4,720
rescission as filed in final form with the latest version of the 4,721
same rule, amendment, or rescission as filed in proposed form. 4,722
(B) If, upon making the comparison required by division 4,724
(A) of this section, the chairperson of the joint committee on 4,726
agency rule review finds that the rule-making agency has made a 4,727
substantive revision in the rule, amendment, or rescission 4,728
between the time it filed the latest version of the rule, 4,729
amendment, or rescission in proposed form and the time it filed 4,730
the rule, amendment, or rescission in final form, the chairperson 4,732
shall promptly notify the rule-making agency, the secretary of
state, and the director of the legislative service commission in 4,733
both print and electronic form of that finding. 4,734
(C) The joint committee on agency rule review shall review 4,736
any rule, amendment, or rescission as filed in final form if, 4,737
110
under division (B) of this section, it is found to contain a 4,738
substantive revision. The joint committee may do either or both 4,739
of the following: 4,740
(1) If the joint committee makes any of the findings 4,742
stated in division (I)(1)(a), (b), or (c) of section 119.03 of 4,743
the Revised Code, it may suspend the rule, amendment, rescission, 4,744
or any part thereof. The suspension shall remain in effect until 4,745
the time for legislative review and invalidation has expired 4,746
under division (D) of this section, or until the general assembly 4,747
adopts a concurrent resolution invalidating the rule, amendment, 4,748
rescission, or any part thereof, whichever occurs first. The 4,749
chairperson of the joint committee shall promptly notify the 4,751
rule-making agency, the secretary of state, and the director of 4,752
the legislative service commission in both print and electronic 4,753
form of the suspension. 4,754
(2) The joint committee may recommend the adoption of a 4,756
concurrent resolution invalidating the rule, amendment, 4,757
rescission, or any part thereof if it makes any of the findings 4,758
stated in division (I)(1)(a), (b), or (c) of section 119.03 of 4,759
the Revised Code. 4,760
(D) A rule, amendment, or rescission that, under division 4,762
(B) of this section, is found to contain a substantive revision 4,763
shall nevertheless become effective pursuant to division (B)(1) 4,764
of section 111.15, division (A)(1) of section 119.04, division 4,765
(B)(1) of section 4141.14, or division (A) of section 5703.14 of 4,766
the Revised Code and remain in effect as filed in final form 4,767
unless: 4,768
(1) Under division (C)(1) of this section, the joint 4,770
committee suspends the rule, amendment, rescission, or any part 4,771
thereof; or 4,772
(2) Prior to the sixtieth day after the rule, amendment, 4,774
or rescission was filed in final form, the house of 4,775
representatives and senate adopt a concurrent resolution 4,776
invalidating the rule, amendment, rescission, or any part 4,777
111
thereof. If, after the joint committee on agency rule review 4,778
recommends the adoption of a concurrent resolution invalidating 4,779
the rule, amendment, rescission, or part thereof, the house of 4,780
representatives or senate does not, within the time remaining for 4,781
adoption of the concurrent resolution, hold five floor sessions 4,782
at which its journal records a roll call vote disclosing a 4,783
sufficient number of members in attendance to pass a bill, the 4,784
time within which that house may adopt the concurrent resolution 4,785
is extended until it has held five such floor sessions. 4,786
Upon the adoption of such a concurrent resolution, the 4,788
clerk of the senate shall, within five days thereafter, send the 4,789
rule-making agency, the secretary of state, and the director of 4,790
the legislative service commission, in both print and electronic 4,792
form, a certified copy of the resolution together with a 4,794
certification stating the date on which the resolution takes 4,795
effect. The secretary of state and the director shall each note 4,796
the invalidity of the rule, amendment, rescission, or part 4,797
thereof, and shall remove the invalid rule, amendment, 4,799
rescission, or part thereof from the file of current rules. The 4,800
director shall also indicate in the Ohio administrative code that 4,801
the rule, amendment, rescission, or part thereof is invalid and 4,802
the date of invalidation. The rule-making agency shall make 4,803
appropriate adjustments to reflect the invalidity of the rule, 4,804
amendment, rescission, or part thereof. 4,805
(E) Invalidation of a rule, amendment, rescission, or part 4,807
thereof under this section shall prevent the rule-making agency 4,808
from instituting proceedings to readopt any version of the same 4,809
rule, amendment, rescission, or part thereof for the duration of 4,810
the general assembly that invalidated the rule, amendment, 4,811
rescission, or part thereof unless the same general assembly 4,812
adopts a concurrent resolution permitting the rule-making agency 4,813
to institute such proceedings. 4,814
(F) The failure of the general assembly to invalidate a 4,816
rule, amendment, rescission, or part thereof under this section 4,817
112
shall not be construed as a ratification of the lawfulness or 4,818
reasonableness of the rule, amendment, rescission, or any part 4,819
thereof or of the validity of the procedure by which the rule, 4,820
amendment, rescission, or any part thereof was adopted. 4,821
(G) As used in this section, a rule, amendment, or 4,823
rescission is filed: 4,824
(1) "In proposed form" when it is filed in such form with 4,826
the joint committee under division (D) of section 111.15 or 4,827
division (H) of section 119.03 of the Revised Code; 4,828
(2) "In final form" when it is filed in such form with the 4,830
joint committee under division (B)(1)(b) of section 111.15, 4,831
division (A)(1)(b) of section 119.04, division (B)(1)(b) of 4,832
section 4141.14, or division (A)(2) of section 5703.14 of the 4,833
Revised Code. 4,834
Sec. 119.032. (A) As used in this section: 4,843
(1) "Agency" includes both an agency as defined in 4,845
division (A)(2) of section 111.15 and an agency as defined in 4,846
division (A) of section 119.01 of the Revised Code. 4,847
(2) "Review date" means the review date assigned to a rule 4,849
by an agency under division (B) or (E)(2) of this section or 4,850
under section 111.15, 119.04, or 4141.14 of the Revised Code or a 4,853
review date assigned to a rule by the joint committee on agency
rule review under division (B) of this section. 4,854
(3)(a) "Rule" means only a rule whose adoption, amendment, 4,856
or rescission is subject to review under division (D) of section 4,859
111.15 or division (H) of section 119.03 of the Revised Code. 4,860
(b) "Rule" does not include a rule adopted, amended, or 4,863
rescinded by the department of taxation under section 5703.14 of
the Revised Code, a rule of a state college or university, 4,864
community college district, technical college district, or state 4,865
community college, or a rule that is consistent with and 4,866
equivalent to the form required by a federal law and that does 4,867
not exceed the minimum scope and intent of that federal law. 4,868
(B) Not later than March 25, 1997, each agency shall 4,871
113
assign a review date to each of its rules that is currently in 4,872
effect and shall notify the joint committee on agency rule review 4,873
of the review date for each such rule. The agency shall assign 4,874
review dates to its rules so that approximately one-fifth of the 4,875
rules are scheduled for review during each calendar year of the 4,876
five-year period that begins March 25, 1997, except that an 4,877
agency, with the joint committee's approval, may set a review 4,878
schedule for the agency's rules in which there is no requirement 4,879
that approximately one-fifth of the agency's rules be assigned a 4,880
review date during each calendar year of the five-year period but 4,881
in which all of the agency's rules are assigned a review date 4,882
during that five-year period. An agency may change the review 4,883
dates it has assigned to specific rules so long as the agency
complies with the five-year time deadline specified in this 4,884
division.
Upon the request of the agency that adopted the rule, the 4,887
joint committee on agency rule review may extend a review date of 4,889
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 4,891
under this division, division (E)(2) of this section, or section 4,892
111.15, 119.04, or 4141.14 of the Revised Code. The joint 4,893
committee may further extend a review date that has been extended 4,894
under this paragraph if appropriate under the circumstances. 4,895
(C) Prior to the review date of a rule, the agency that 4,898
adopted the rule shall review the rule to determine all of the
following: 4,899
(1) Whether the rule should be continued without 4,901
amendment, be amended, or be rescinded, taking into consideration 4,902
the purpose, scope, and intent of the statute under which the 4,903
rule was adopted;
(2) Whether the rule needs amendment or rescission to give 4,905
more flexibility at the local level; 4,907
(3) Whether the rule needs amendment or rescission to 4,909
eliminate unnecessary paperwork; 4,911
114
(4) Whether the rule duplicates, overlaps with, or 4,913
conflicts with other rules. 4,914
(D) In making the review required under division (C) of 4,917
this section, the agency shall consider the continued need for 4,918
the rule, the nature of any complaints or comments received 4,919
concerning the rule, and any relevant factors that have changed 4,920
in the subject matter area affected by the rule.
(E)(1) On or before the designated review date of a rule, 4,923
the agency that adopted the rule shall proceed under division 4,924
(E)(2) or (5) of this section to indicate that the agency has 4,927
reviewed the rule. 4,928
(2) If the agency has determined that the rule does not 4,930
need to be amended or rescinded, the agency shall file all the 4,932
following, in both print and electronic form, with the joint 4,933
committee on agency rule review, the secretary of state, and the 4,934
director of the legislative service commission: a copy of the 4,935
rule, a statement of the agency's determination, and an accurate 4,937
rule summary and fiscal analysis for the rule as described in 4,938
section 127.18 of the Revised Code. The agency shall assign a 4,939
new review date to the rule, which shall not be later than five 4,940
years after the rule's immediately preceding review date. After 4,941
the joint committee has reviewed such a rule for the first time, 4,942
including any rule that was in effect on September 26, 1996, the 4,943
agency in its subsequent reviews of the rule may provide the same 4,944
fiscal analysis it provided to the joint committee during its 4,945
immediately preceding review of the rule unless any of the 4,946
conditions described in division (B)(4), (5), (6), (8), (9), or 4,947
(10) of section 127.18 of the Revised Code, as they relate to the 4,949
rule, have appreciably changed since the joint committee's 4,950
immediately preceding review of the rule. If any of these 4,951
conditions, as they relate to the rule, have appreciably changed, 4,952
the agency shall provide the joint committee with an updated 4,953
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 4,954
115
five-year maximum, the review date for the rule is five years 4,956
after its immediately preceding review date. The joint committee 4,957
shall give public notice in the register of Ohio of the agency's 4,958
determination after receiving a notice from the agency under 4,959
division (E)(2) of this section. The joint committee shall 4,960
transmit a copy of the notice in both print and electronic form 4,961
to the director of the legislative service commission. The 4,962
director shall publish the notice in the register of Ohio for 4,963
four consecutive weeks after its receipt. 4,964
(3) During the ninety-day period following the date the 4,966
joint committee receives a notice under division (E)(2) of this 4,968
section but after the four-week period described in division
(E)(2) of this section has ended, the joint committee, by a 4,969
two-thirds vote of the members present, may recommend the 4,970
adoption of a concurrent resolution invalidating the rule if the 4,971
joint committee determines that either of the following applies: 4,972
(a) The agency improperly applied the criteria described 4,975
in divisions (C) and (D) of this section in reviewing the rule 4,976
and in recommending its continuance without amendment or 4,977
rescission.
(b) The agency failed to file proper notice with the joint 4,980
committee regarding the rule.
(4) If the joint committee does not take the action 4,982
described in division (E)(3) of this section regarding a rule 4,984
during the ninety-day period after the date the joint committee
receives a notice under division (E)(2) of this section regarding 4,986
that rule, the rule shall continue in effect without amendment
and shall be next reviewed by the joint committee by the date 4,987
designated by the agency in the notice provided to the joint 4,988
committee under division (E)(2) of this section. 4,989
(5) If the agency has determined that a rule reviewed 4,991
under division (C) of this section needs to be amended or 4,993
rescinded, the agency, on or before the rule's review date, shall 4,994
file the rule as amended or rescinded in accordance with section 4,995
116
111.15, 119.03, or 4141.14 of the Revised Code, as applicable. 4,996
(6) Each agency shall provide the joint committee with a 4,999
copy of the rules that it has determined are rules described in 5,000
division (A)(3)(b) of this section. At a time the joint 5,001
committee designates, each agency shall appear before the joint 5,003
committee and explain why it has determined that such rules are
rules described in division (A)(3)(b) of this section. The joint 5,005
committee, by a two-thirds vote of the members present, may
determine that any of such rules are rules described in division 5,006
(A)(3)(a) of this section. After the joint committee has made 5,008
such a determination relating to a rule, the agency shall 5,009
thereafter treat the rule as a rule described in division 5,010
(A)(3)(a) of this section.
(F) If an agency fails to provide the notice to the joint 5,013
committee required under division (E)(2) of this section 5,014
regarding a rule or otherwise fails by the rule's review date to 5,015
take any action regarding the rule required by this section, the 5,016
joint committee, by a majority vote of the members present, may 5,017
recommend the adoption of a concurrent resolution invalidating 5,018
the rule. The joint committee shall not recommend the adoption
of such a resolution until it has afforded the agency the 5,019
opportunity to appear before the joint committee to show cause 5,020
why the joint committee should not recommend the adoption of such 5,021
a resolution regarding that rule. 5,022
(G) If the joint committee recommends adoption of a 5,025
concurrent resolution invalidating a rule under division (E)(3) 5,026
or (F) of this section, the adoption of the concurrent resolution 5,027
shall be in the manner described in division (I) of section 5,028
119.03 of the Revised Code. 5,029
Sec. 119.0311. Each agency shall prepare and publish, and 5,032
as it becomes necessary or advisable, revise and republish, a 5,033
guide to its rule-making process that functions generally to 5,034
assist members of the public who participate, or who may wish to 5,035
participate, in the agency's rule-making. The agency's guide is 5,036
117
to include: 5,037
(A) A statement of the agency's regulatory mission; 5,040
(B) A description of how the agency is organized to 5,043
achieve its regulatory mission;
(C) An explanation of rule-making the agency is authorized 5,046
or required to engage in to achieve its regulatory mission; 5,047
(D) An explanation of the agency's rule-making process; 5,050
(E) An indication of the points in the agency's 5,053
rule-making process at which members of the public can 5,054
participate;
(F) An explanation of how members of the public can 5,057
participate in the agency's rule-making process at each indicated 5,058
point of participation; and 5,059
(G) Other information the agency reasonably concludes will 5,062
assist members of the public meaningfully to participate in the 5,063
agency's rule-making. 5,064
An agency's guide is not to be adopted as a rule, but 5,066
rather as a narrative explanation of the matters outlined in this 5,068
section. An agency's failure to conform its rule-making process 5,069
to its guide is not cause for invalidating a rule, amendment, or 5,070
rescission adopted by the agency.
The agency shall publish or republish its guide both in the 5,074
register of Ohio and as a printed pamphlet.
The agency shall submit a copy of its guide, in pamphlet 5,076
and in electronic form, to the director of the legislative 5,077
service commission. The director thereupon shall publish the 5,078
agency's guide in the register of Ohio. 5,079
The agency shall provide a copy of its pamphlet guide to 5,081
any person upon request. The agency may charge the person a fee 5,082
for this service, but the fee is not to exceed the per copy cost 5,083
of producing the pamphlet guide and the actual cost of delivering 5,084
it to the person. 5,085
Sec. 119.04. (A)(1) Any rule adopted by any agency shall 5,094
be effective on the tenth day after the day on which the rule in 5,095
118
final form and in compliance with division (A)(2) of this section 5,096
is filed as follows: 5,097
(a) The rule shall be filed in both print and electronic 5,099
form with both the secretary of state and the director of the 5,100
legislative service commission; 5,101
(b) The rule shall be filed in both print and electronic 5,103
form with the joint committee on agency rule review. Division 5,104
(A)(1)(b) of this section does not apply to any rule to which 5,105
division (H) of section 119.03 of the Revised Code does not 5,106
apply.
If all filings are not completed on the same day, the rule 5,108
shall be effective on the tenth day after the day on which the 5,109
latest filing is completed. If an agency in adopting a rule 5,110
designates an effective date that is later than the effective 5,111
date provided for by this division, the rule if filed as required 5,112
by this division shall become effective on the later date 5,113
designated by the agency. 5,114
An agency that adopts or amends a rule that is subject to 5,116
division (H) of section 119.03 of the Revised Code shall assign a 5,118
review date to the rule that is not later than five years after 5,119
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 5,120
maximum, the review date for the rule is five years after its 5,121
effective date. A rule with a review date is subject to review 5,122
under section 119.032 of the Revised Code. This paragraph does 5,123
not apply to the department of taxation. 5,124
(2) The agency shall file the rule in compliance with the 5,126
following standards and procedures: 5,127
(a) The rule shall be numbered in accordance with the 5,129
numbering system devised by the director for the Ohio 5,130
administrative code. 5,131
(b) The rule shall be prepared and submitted in compliance 5,133
with the rules of the legislative service commission. 5,134
(c) The rule shall clearly state the date on which it is 5,136
119
to be effective and the date on which it will expire, if known. 5,137
(d) Each rule that amends or rescinds another rule shall 5,139
clearly refer to the rule that is amended or rescinded. Each 5,140
amendment shall fully restate the rule as amended. 5,141
If the director of the legislative service commission or 5,143
the director's designee gives an agency notice pursuant to 5,144
section 103.05 of the Revised Code that a rule filed by the 5,146
agency is not in compliance with the rules of the commission, the 5,147
agency shall within thirty days after receipt of the notice 5,148
conform the rule to the rules of the commission as directed in 5,149
the notice.
(3) As used in this section, "rule" includes an amendment 5,151
or rescission of a rule. 5,152
(B) The secretary of state and the director shall preserve 5,154
the rules filed under division (A)(1)(a) of this section in an 5,155
accessible manner. Each such rule shall be a public record open 5,156
to public inspection and may be transmitted to any law publishing 5,157
company that wishes to reproduce it. 5,158
Any rule that has been adopted in compliance with section 5,160
119.03 of the Revised Code and that is in effect before January 5,161
1, 1977, may be divided into sections, numbered, provided with a 5,162
subject heading, and filed with the secretary of state and the 5,163
director to comply with the provisions of this section without 5,164
carrying out the adoption procedure required by section 119.03 of 5,165
the Revised Code. The codification of existing rules to comply 5,166
with this section shall not constitute adoption, amendment, or 5,167
rescission. 5,168
Sec. 121.24. (A) As used in this section: 5,178
(1) "Agency" means any agency as defined in division 5,180
(A)(2) of section 111.15 or division (A) of section 119.01 of the 5,181
Revised Code. 5,182
(2) "Employee" means a person who is employed by a small 5,184
business or small organization for at least one thousand eight 5,185
hundred hours per year. 5,186
120
(3) A rule is "filed in final form" when it is filed with 5,188
the secretary of state, the director of the legislative service 5,189
commission, and the joint committee on agency rule review under 5,190
division (B)(1) of section 111.15, division (A)(1) of section 5,191
119.04, division (B)(1) of section 4141.14, or division (A) of 5,192
section 5703.14 of the Revised Code. 5,193
(4) "History trail" means the supplementary information 5,195
required to be provided on each copy of a proposed rule, which 5,196
information is not part of the text of the rule, and sets forth 5,197
the statute prescribing the procedure in accordance with which 5,198
the proposed rule is required to be adopted, the statute that 5,199
authorizes the agency to adopt the proposed rule, the statute 5,200
that the agency intends to amplify or implement by adopting the 5,201
proposed rule, the effective dates of any previous versions of 5,202
the rule that is the subject of the proposal, and other similar 5,203
information as prescribed in rules of the legislative service 5,204
commission. 5,205
(5) "Individual" means any individual who is affected by a 5,207
rule in the individual's capacity as an officer or employee of a 5,209
small business or small organization. 5,210
(6) "Rule summary and fiscal analysis" means a rule 5,212
summary and fiscal analysis of a proposed rule that provides the 5,213
information required by division (B) of section 127.18 of the 5,214
Revised Code, and that has been prepared in the form prescribed 5,215
by the joint committee on agency rule review under division (E) 5,216
of that section. 5,217
(7) "Rate" means any rate, classification, fare, toll, 5,219
rental, or charge of a public utility. 5,220
(8) "Rule" means any rule, regulation, or standard having 5,222
a general and uniform operation, including any appendix thereto, 5,223
that is adopted, promulgated, and enforced by an agency under the 5,224
authority of the laws governing the agency. "Rule" includes the 5,225
adoption of a new rule or the amendment or rescission of an 5,226
existing rule. "Rule" does not include any of the following: 5,227
121
(a) A rule proposed under section 1121.05, 1121.06, 5,229
1155.18, or 1163.22 of the Revised Code; 5,230
(b) A rule governing the internal management of an agency 5,232
that does not affect private rights; 5,233
(c) A rule authorized by law to be issued as a temporary 5,235
written order; 5,236
(d) Except as otherwise provided in division (A)(8)(d) of 5,238
this section, a rule or order, whether of a quasi-legislative or 5,239
quasi-judicial nature, proposed by the public utilities 5,240
commission. Any rule or order, whether of a quasi-legislative or 5,241
quasi-judicial nature, proposed by the public utilities 5,242
commission that determines a rate of a public utility to be just 5,243
and reasonable is a "rule" for purposes of this section, unless 5,244
the rule or order contains findings that the public utility, in 5,245
applying for approval of the rate under section 4909.18 of the 5,246
Revised Code, stated facts and grounds sufficient for the 5,247
commission to determine that the proposed rate was just and 5,248
reasonable. 5,249
(e) A proposed rule, the adoption of which is mandated by 5,251
a federal law or rule, and which must be adopted substantially as 5,252
prescribed by federal law or rule, to become effective within one 5,253
hundred twenty days of adoption, so long as the history trail of 5,254
the proposed rule contains a statement that it is proposed for 5,255
the purpose of complying with a federal law or rule and a 5,256
citation to the federal law or rule that mandates substantial 5,257
compliance; 5,258
(9) "Small business" means an independently owned and 5,260
operated business having fewer than four hundred employees. 5,261
(10) "Small organization" means an unincorporated 5,263
association, sheltered workshop, or nonprofit enterprise having 5,264
fewer than four hundred employees. This definition is not 5,265
limited to the types of small organizations expressly mentioned, 5,266
and includes all other types of small organizations, so long as 5,267
such organizations have fewer than four hundred employees. 5,268
122
(B) If an agency intends to adopt a rule, and reasonably 5,270
believes that the proposed rule, if adopted, will be likely to 5,271
affect individuals, small businesses, or small organizations, the 5,272
agency shall comply with the following procedure in adopting the 5,273
rule, in addition to any other procedure required by section 5,274
111.15, 117.16, 119.03, 119.032, 119.04, 127.18, 4141.14, or 5,275
5117.02 of the Revised Code or any other statute of this state: 5,277
(1) The agency shall prepare a complete and accurate rule 5,279
summary and fiscal analysis of the original version of the 5,280
proposed rule. 5,281
(2) After complying with division (B)(1) of this section, 5,283
and at least sixty days before the agency files the proposed rule 5,284
in final form, the agency shall file with the office of small 5,285
business, in both print and electronic form, the full text of the 5,286
original version of the proposed rule and the rule summary and 5,288
fiscal analysis of such proposed rule. 5,289
(3) During a period commencing on the date the original 5,291
version of the proposed rule is filed pursuant to division (B)(2) 5,292
of this section and ending forty days thereafter: 5,293
(a) The chairperson of the standing committee of the 5,295
senate or house of representatives having jurisdiction over 5,297
individuals, small businesses, or small organizations, or any 5,298
other person having an interest in the proposed rule, may submit 5,299
comments in both print and electronic form to the agency, to the 5,300
joint committee on agency rule review, or to both, concerning the 5,301
expected effect of the proposed rule, if adopted, upon 5,302
individuals, small businesses, and small organizations. The 5,303
agency and joint committee shall accept all such timely submitted 5,304
written comments.
(b) The chairperson of the standing committee of the 5,306
senate or house of representatives having jurisdiction over 5,308
individuals, small businesses, or small organizations, in both 5,309
print and electronic form, may request the agency to appear 5,311
before the committee and testify, answer questions asked by 5,312
123
members of the committee, and produce information in the 5,313
possession of the agency as requested by the committee, 5,314
concerning the expected effect of the proposed rule, if adopted, 5,315
upon individuals, small businesses, or small organizations. Upon 5,316
receipt of a request from the chairperson of the appropriate 5,318
standing committee of the senate or house of representatives 5,319
under division (B)(3)(b) of this section, the agency shall 5,320
designate an officer or employee of the agency to appear before 5,321
the committee, and shall otherwise comply with the request, in 5,322
the manner directed by the request.
(4) The agency shall not proceed to file the proposed rule 5,324
in final form until it has considered any comments timely 5,325
submitted to it under division (B)(3)(a) of this section, has 5,326
identified the issues raised by the comments, has assessed the 5,327
proposed rule in light of the issues raised by the comments, and 5,328
has made such revisions in the proposed rule as it considers 5,329
advisable in light of its assessment. 5,330
An agency is not required to put any revised version of a 5,332
proposed rule through the procedure of divisions (B)(1) to (4) of 5,333
this section. 5,334
(C) Any original version of a proposed rule, rule summary 5,336
and fiscal analysis, or written comment filed or submitted under 5,337
division (B) of this section shall be preserved by the agency 5,338
with which it is filed or to which it is submitted, and is a 5,339
public record open to public inspection. 5,340
(D) Each agency shall prepare a plan that provides for the 5,342
periodic review, at least once every five years, of each rule of 5,343
the agency that is not otherwise subject to review under section 5,344
119.032 of the Revised Code and that affects individuals, small 5,345
businesses, or small organizations. The purpose of each periodic 5,346
review shall be to determine whether the rule that is being 5,347
reviewed should be continued without change or amended or 5,348
rescinded, consistent with the purpose, scope, and intent of the 5,349
applicable statute authorizing adoption of the rule, so as to 5,350
124
minimize the economic impact of the rule upon individuals, small 5,351
businesses, or small organizations. Accordingly, in making each 5,352
periodic review of a rule, the agency shall consider the 5,353
continued need for the rule, the nature of any written complaints 5,354
or comments that the agency has received with regard to the rule, 5,355
the extent to which the rule duplicates, overlaps, or conflicts 5,356
with other currently effective rules, and the degree to which 5,357
technology, economic conditions, and other relevant factors have 5,358
changed in the area affected by the rule. 5,359
Each agency shall annually report to the governor and 5,361
general assembly, with regard to each of its rules that have been 5,362
reviewed under this division during the preceding calendar year, 5,363
the title and administrative code rule number of the rule, a 5,364
brief summary of the content and operation of the rule, and a 5,365
brief summary of the results of the review. If the agency is 5,366
otherwise required to make an annual report to the governor and 5,367
general assembly, the agency shall report this information in an 5,368
appropriately designated section of its annual report, whether 5,369
its annual report is in print or electronic form or both. If, 5,370
however, the agency is not otherwise required to make an annual 5,371
report to the governor and general assembly, the agency, on or 5,372
before the first day of February, shall report this information 5,373
in a separate report, in both print and electronic form, to the 5,374
governor and general assembly. In addition to the submissions 5,376
required by section 101.68 of the Revised Code, and in addition 5,377
to any requirement of that section to submit notice of the 5,378
availability of a report instead of copies of the report, the 5,379
agency shall submit its annual or separate report in both print 5,381
and electronic form, which provides the information required by 5,382
this division, to the chairpersons of the standing committees of 5,384
the senate and house of representatives having jurisdiction over 5,385
individuals, small businesses, and small organizations. 5,386
Each agency having rules in effect on January 1, 1985, that 5,389
affect individuals, small businesses, or small organizations 5,390
125
shall divide those rules into groups, so that at least one-fifth 5,391
of those rules are reviewed during each year of a five-year 5,392
period commencing on January 1, 1985. A rule that is newly
adopted after January 1, 1985, shall be reviewed five years after 5,395
its effective date. When a rule has once been reviewed, it shall 5,396
thereafter be reviewed again at five-year intervals. 5,397
(E) Each agency shall designate an individual or office 5,399
within the agency to be responsible for complying with this 5,400
division. Each individual or office that has been so designated 5,401
shall, within ten days after receiving a request therefor from 5,402
any person: 5,403
(1) Provide the person with copies of any rule proposed by 5,405
the agency that would affect individuals, small businesses, or 5,406
small organizations; 5,407
(2) Provide the person with copies of the rule summary and 5,409
fiscal analysis of any rule proposed by the agency that would 5,410
affect individuals, small businesses, or small organizations; or 5,411
(3) Find, collate, and make available to the person any 5,413
information in the possession of the agency regarding a rule 5,414
proposed by the agency, which information would be of interest to 5,415
individuals, small businesses, or small organizations. 5,416
The agency shall inform the office of small business in 5,418
writing of the name, address, and telephone number of each 5,419
individual or office designated under this division. The agency 5,420
shall promptly inform the office of small business in writing of 5,421
any change in the information thus provided. 5,422
(F) Division (B) of this section does not apply to any 5,424
emergency rule adopted under division (B)(2) of section 111.15 or 5,425
division (F) of section 119.03 of the Revised Code, except that 5,426
the emergency rule becomes subject to such division when it is 5,427
adopted pursuant to the procedure of section 111.15 or 119.03 of 5,428
the Revised Code for the adoption of rules not of an emergency 5,429
nature. 5,430
(G) The department of taxation shall provide a copy of the 5,432
126
full text of any rule proposed by the department that may affect 5,433
any business in both print and electronic form to the office of 5,434
small business, and the department shall designate an office 5,436
within the agency responsible for providing a copy of any such 5,437
rule within ten days of receiving a request from any person. 5,438
Sec. 121.39. (A) As used in this section, "environmental 5,447
protection" means any of the following: 5,448
(1) Protection of human health or safety, biological 5,450
resources, or natural resources by preventing, reducing, or 5,451
remediating the pollution or degradation of air, land, or water 5,452
resources or by preventing or limiting the exposure of humans, 5,453
animals, or plants to pollution; 5,454
(2) Appropriation or regulation of privately owned 5,457
property to preserve air, land, or water resources in a natural 5,459
state or to wholly or partially restore them to a natural state; 5,460
(3) Regulation of the collection, management, treatment, 5,462
reduction, storage, or disposal of solid, hazardous, radioactive, 5,464
or other wastes;
(4) Plans or programs to promote or regulate the 5,466
conservation, recycling, or reuse of energy, materials, or 5,468
wastes. 5,469
(B) Except as otherwise provided in division (E) of this 5,471
section, when proposed legislation dealing with environmental 5,472
protection or containing a component dealing with environmental 5,473
protection is referred to a committee of the general assembly, 5,474
other than a committee on rules or reference, the sponsor of the 5,475
legislation, at the time of the first hearing of the legislation 5,476
before the committee, shall submit to the members of the 5,477
committee a written statement identifying either the 5,478
documentation that is the basis of the legislation or the federal 5,479
requirement or requirements with which the legislation is 5,480
intended to comply. If the legislation is not based on 5,481
documentation or has not been introduced to comply with a federal 5,482
requirement or requirements, the written statement from the 5,483
127
sponsor shall so indicate.
Also at the time of the first hearing of the legislation 5,486
before the committee, a statewide organization that represents 5,487
businesses in this state and that elects its board of directors 5,488
may submit to the members of the committee a written estimate of 5,489
the costs to the regulated community in this state of complying 5,490
with the legislation if it is enacted. 5,491
At any hearing of the legislation before the committee, a 5,493
representative of any state agency, environmental advocacy 5,494
organization, or consumer advocacy organization or any private 5,495
citizen may present documentation containing an estimate of the 5,496
monetary and other costs to public health and safety and the
environment and to consumers and residential utility customers, 5,497
and the effects on property values, if the legislation is not 5,498
enacted.
(C) Until such time as the statement required under 5,500
division (B) of this section is submitted to the committee to 5,501
which proposed legislation dealing with environmental protection 5,503
or containing a component dealing with environmental protection 5,504
was referred, the legislation shall not be reported by that 5,505
committee. This requirement does not apply if the component 5,506
dealing with environmental protection is removed from the 5,507
legislation or if two-thirds of the members of the committee vote 5,508
in favor of a motion to report the proposed legislation.
(D) Except as otherwise provided in division (E) of this 5,511
section, prior to adopting a rule or an amendment proposed to a 5,512
rule dealing with environmental protection or containing a 5,513
component dealing with environmental protection, a state agency 5,514
shall do all of the following:
(1) Consult with organizations that represent political 5,516
subdivisions, environmental interests, business interests, and 5,517
other persons affected by the proposed rule or amendment; 5,518
(2) Consider documentation relevant to the need for, the 5,521
environmental benefits or consequences of, other benefits of, and 5,522
128
the technological feasibility of the proposed rule or amendment;
(3) Specifically identify whether the proposed rule or 5,524
amendment is being adopted or amended to enable the state to 5,525
obtain or maintain approval to administer and enforce a federal 5,526
environmental law or to participate in a federal environmental 5,527
program, whether the proposed rule or amendment is more stringent 5,529
than its federal counterpart, and, if the proposed rule or 5,530
amendment is more stringent, the rationale for not incorporating 5,531
its federal counterpart;
(4) Include with the proposed rule or amendment and the 5,533
rule summary and fiscal analysis required under sections 121.24 5,535
and 127.18 of the Revised Code, when they are filed with the 5,536
joint committee on agency rule review in accordance with division 5,537
(D) of section 111.15 or division (H) of section 119.03 of the 5,539
Revised Code, one of the following in both print and electronic 5,540
form, as applicable: 5,541
(a) The information identified under division (D)(3) of 5,543
this section and, if the proposed rule or amendment is more 5,544
stringent than its federal counterpart, as identified in that 5,545
division, the documentation considered under division (D)(2) of 5,547
this section;
(b) If an amendment proposed to a rule is being adopted or 5,550
amended under a state statute that establishes standards with 5,551
which the amendment shall comply, and the proposed amendment is 5,552
more stringent than the rule that it is proposing to amend, the 5,553
documentation considered under division (D)(2) of this section; 5,554
(c) If division (D)(4)(a) or (b) of this section is not 5,557
applicable, the documentation considered under division (D)(2) of 5,558
this section.
If the agency subsequently files a revision of such a 5,560
proposed rule or amendment in accordance with division (D) of 5,561
section 111.15 or division (H) of section 119.03 of the Revised 5,563
Code, the revision shall be accompanied in both print and 5,565
electronic form by the applicable information or documentation. 5,566
129
Division (D) of this section does not apply to any 5,568
emergency rule adopted under division (B)(2) of section 111.15 or 5,570
division (F) of section 119.03 of the Revised Code, but does
apply to any such rule that subsequently is adopted as a 5,572
nonemergency rule under either of those divisions. 5,573
The information or documentation submitted under division 5,575
(D)(4) of this section may be in the form of a summary or index 5,577
of available knowledge or information and shall consist of or be 5,578
based upon the best available generally accepted knowledge or
information in the appropriate fields, as determined by the 5,579
agency that prepared the documentation. 5,580
(E) The statement required under division (B) and the 5,582
information or documentation required under division (D) of this 5,584
section need not be prepared or submitted with regard to a 5,585
proposed statute or rule, or an amendment to a rule, if the 5,586
statute, rule, or amendment is procedural or budgetary in nature, 5,587
or governs the organization or operation of a state agency, and 5,588
will not affect the substantive rights or obligations of any 5,589
person other than a state agency or an employee or contractor of 5,590
a state agency.
(F) The insufficiency, incompleteness, or inadequacy of a 5,592
statement, information, documentation, or a summary of 5,594
information or documentation provided in accordance with division 5,595
(B) or (D) of this section shall not be grounds for invalidation 5,596
of any statute, rule, or amendment to a rule. 5,597
(G) This section applies only to the following: 5,599
(1) Legislation and components of legislation dealing with 5,602
environmental protection that are introduced in the general
assembly after March 5, 1996; 5,604
(2) Rules and rule amendments dealing with environmental 5,607
protection that are filed with the joint committee on agency rule 5,608
review in accordance with division (D) of section 111.15 or 5,609
division (H) of section 119.03 of the Revised Code after March 5, 5,610
1996.
130
Sec. 127.18. (A) As used in this section: 5,619
(1) "Rule-making agency" has the same meaning as in 5,621
division (I) of section 119.01 of the Revised Code. 5,622
(2) "Rule" includes the adoption, amendment, or rescission 5,624
of a rule. 5,625
(3) "Proposed rule" means the original version of a 5,627
proposed rule, and each revised version of the same proposed 5,628
rule, that is filed with the joint committee on agency rule 5,629
review under division (D) of section 111.15 or division (H) of 5,630
section 119.03 of the Revised Code. 5,631
(B) A rule-making agency shall prepare, in the form 5,633
prescribed by the joint committee on agency rule review under 5,634
division (E) of this section, a complete and accurate rule 5,635
summary and fiscal analysis of each proposed rule that it files 5,636
under division (D) of section 111.15 or division (H) of section 5,637
119.03 of the Revised Code. The rule summary and fiscal analysis 5,638
shall include all of the following information: 5,639
(1) The name, address, and telephone number of the 5,641
rule-making agency, and the name and telephone number of an 5,642
individual or office within the agency designated by that agency 5,643
to be responsible for coordinating and making available 5,644
information in the possession of the agency regarding the 5,645
proposed rule; 5,646
(2) The Ohio administrative code rule number of the 5,648
proposed rule; 5,649
(3) A brief summary of, and the legal basis for, the 5,651
proposed rule, including citations identifying the statute that 5,652
prescribes the procedure in accordance with which the rule-making 5,653
agency is required to adopt the proposed rule, the statute that 5,654
authorizes the agency to adopt the proposed rule, and the statute 5,655
that the agency intends to amplify or implement by adopting the 5,656
proposed rule; 5,657
(4) An estimate, in dollars, of the amount by which the 5,659
proposed rule would increase or decrease revenues or expenditures 5,660
131
during the current biennium; 5,661
(5) A citation identifying the appropriation that 5,663
authorizes each expenditure that would be necessitated by the 5,664
proposed rule; 5,665
(6) A summary of the estimated cost of compliance with the 5,667
rule to all directly affected persons; 5,668
(7) The reasons why the rule is being proposed; 5,670
(8) If the rule has a fiscal effect on school districts, 5,672
counties, townships, or municipal corporations, an estimate in 5,673
dollars of the cost of compliance with the rule, or, if dollar 5,674
amounts cannot be determined, a written explanation of why it was 5,675
not possible to ascertain dollar amounts;
(9) If the rule has a fiscal effect on school districts, 5,677
counties, townships, or municipal corporations and is the result 5,678
of a federal requirement, a clear explanation that the proposed 5,679
state rule does not exceed the scope and intent of the 5,680
requirement, or, if the state rule does exceed the minimum
necessary federal requirement, a justification of the excess 5,681
cost, and an estimate of the costs, including those costs for 5,682
local governments, exceeding the federal requirement; 5,683
(10) If the rule has a fiscal effect on school districts, 5,685
counties, townships, or municipal corporations, a comprehensive 5,686
cost estimate that includes the procedure and method of 5,687
calculating the costs of compliance and identifies major cost 5,688
categories including personnel costs, new equipment or other 5,689
capital costs, operating costs, and indirect central service
costs related to the rule. The fiscal analysis shall also 5,690
include a written explanation of the agency's and the affected 5,691
local government's ability to pay for the new requirements and a 5,692
statement of any impact the rule will have on economic 5,693
development.
(11) Any other information the joint committee on agency 5,695
rule review considers necessary to make the proposed rule or the 5,696
fiscal effect of the proposed rule fully understandable. 5,697
132
(C) The rule-making agency shall file the rule summary and 5,700
fiscal analysis in both print and electronic form along with the 5,702
proposed rule that it files under divisions (D) and (E) of 5,703
section 111.15 or divisions (B) and (H) of section 119.03 of the 5,704
Revised Code. The joint committee on agency rule review shall not 5,705
accept any proposed rule for filing unless a copy of the rule 5,706
summary and fiscal analysis of the proposed rule, completely and 5,707
accurately prepared, is filed along with the proposed rule. 5,708
(D) The joint committee on agency rule review shall review 5,710
the fiscal effect of each proposed rule that is filed under 5,711
division (D) of section 111.15 or division (H) of section 119.03 5,712
of the Revised Code. 5,713
(E) The joint committee on agency rule review shall 5,715
prescribe the form in which each rule-making agency shall prepare 5,716
its rule summary and fiscal analysis of a proposed rule. 5,717
(F) This section does not require the auditor of state or 5,719
the auditor of state's designee to prepare or attach a rule 5,720
summary and fiscal analysis to any copy of a rule proposed under 5,722
section 117.12, 117.19, 117.38, or 117.43 of the Revised Code. 5,723
Sec. 4141.14. (A) All rules of the administrator of the 5,732
bureau of employment services adopted pursuant to this chapter 5,733
shall be approved by the unemployment compensation review 5,734
commission before the rules become effective. All such rules 5,736
shall specify on their face their effective date and the date on 5,737
which they will expire, if known. Approval by the unemployment 5,738
compensation review commission shall also be required before 5,739
amendments to, or rescission of, any rules of the administrator 5,740
adopted pursuant to this chapter become effective. If the 5,741
commission disapproves a rule of the administrator, it shall
determine and promulgate a rule that it considers appropriate 5,742
after affording a hearing to the administrator. 5,743
(B)(1) Any rule promulgated pursuant to this section shall 5,745
be effective on the tenth day after the day on which the rule in 5,746
final form and in compliance with division (B)(2) of this section 5,747
133
is filed as follows: 5,748
(a) The rule shall be filed in both print and electronic 5,751
form with both the secretary of state and the director of the 5,753
legislative service commission; 5,754
(b) The rule shall be filed in both print and electronic 5,757
form with the joint committee on agency rule review. Division 5,759
(B)(1)(b) of this section does not apply to any rule to which 5,760
division (H) of section 119.03 of the Revised Code does not 5,761
apply.
If all filings are not completed on the same day, the rule 5,763
shall be effective on the tenth day after the day on which the 5,764
latest filing is completed. If the bureau of employment services 5,765
or the unemployment compensation review commission in adopting a 5,766
rule pursuant to this chapter designates an effective date that 5,768
is later than the effective date provided for by this division, 5,769
the rule if filed as required by this division shall become 5,770
effective on the later date designated by the bureau or 5,771
commission.
If the commission or bureau adopts or amends a rule that is 5,774
subject to division (H) of section 119.03 of the Revised Code, 5,775
the commission or bureau shall assign a review date to the rule 5,776
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 5,777
assigned to a rule exceeds the five-year maximum, the review date 5,778
for the rule is five years after its effective date. A rule with 5,779
a review date is subject to review under section 119.032 of the 5,780
Revised Code.
(2) The bureau and commission shall file the rule in 5,782
compliance with the following standards and procedures: 5,783
(a) The rule shall be numbered in accordance with the 5,785
numbering system devised by the director for the Ohio 5,786
administrative code. 5,787
(b) The rule shall be prepared and submitted in compliance 5,789
with the rules of the legislative service commission. 5,790
134
(c) The rule shall clearly state the date on which it is 5,792
to be effective and the date on which it will expire, if known. 5,793
(d) Each rule that amends or rescinds another rule shall 5,795
clearly refer to the rule that is amended or rescinded. Each 5,796
amendment shall fully restate the rule as amended. 5,797
If the director of the legislative service commission or 5,799
the director's designee gives the bureau of employment services 5,800
or the unemployment compensation review commission notice 5,801
pursuant to section 103.05 of the Revised Code that a rule filed 5,802
by the bureau or review commission is not in compliance with the 5,803
rules of the legislative service commission, the bureau or review 5,805
commission shall within thirty days after receipt of the notice
conform the rule to the rules of the commission as directed in 5,806
the notice.
The secretary of state and the director shall preserve the 5,808
rules filed under division (B)(1)(a) of this section in an 5,809
accessible manner. Each such rule shall be a public record open 5,810
to public inspection and may be transmitted to any law publishing 5,811
company that wishes to reproduce it. 5,812
(C) As used in this section: 5,814
(1) "Rule" includes an amendment or rescission of a rule. 5,816
(2) "Substantive revision" has the same meaning as in 5,818
division (J) of section 119.01 of the Revised Code. 5,819
Sec. 5117.02. (A) The tax commissioner shall adopt rules, 5,828
or amendments and rescissions of rules, for the administration of 5,829
sections 5117.01 to 5117.12 of the Revised Code. 5,830
(B) As a means of efficiently administering the program 5,832
established by sections 5117.01 to 5117.12 of the Revised Code, 5,833
the tax commissioner may extend, by as much as a total of thirty 5,834
days, any date specified in such sections for the performance of 5,835
a particular action by an individual or an officer. 5,836
(C)(1) Except as provided in division (C)(2) of this 5,838
section, the tax commissioner shall, in accordance with divisions 5,839
(A), (B), (C), (D), (E), and (H) of section 119.03 and section 5,840
135
119.04 of the Revised Code, adopt whatever rules, or amendments 5,841
or rescissions of rules are required by or are otherwise 5,842
necessary to implement sections 5117.01 to 5117.12 of the Revised 5,843
Code. A rule, amendment, or rescission adopted under this 5,844
division is not exempt from the hearing requirements of section 5,845
119.03 of the Revised Code pursuant to division (G) of that 5,846
section, or subject to section 111.15 or 5703.14 of the Revised 5,847
Code. 5,848
(2) If an emergency necessitates the immediate adoption of 5,850
a rule, or the immediate adoption of an amendment or rescission 5,851
of a rule that is required by or otherwise necessary to implement 5,852
sections 5117.01 to 5117.12 of the Revised Code, the tax 5,853
commissioner may immediately adopt the emergency rule, amendment, 5,854
or rescission without complying with division (A), (B), (C), (D), 5,855
(E), or (H) of section 119.03 of the Revised Code so long as the 5,856
commissioner states the reasons for the necessity in the 5,857
emergency rule, amendment, or rescission. The emergency rule, 5,858
amendment, or rescission is effective on the day the emergency 5,859
rule, amendment, or rescission, in final form and in compliance 5,860
with division (A)(2) of section 119.04 of the Revised Code, is 5,861
filed in both print and electronic form with the secretary of 5,864
state, the director of the legislative service commission, and 5,865
the joint committee on agency rule review. If all filings are 5,866
not completed on the same day, the emergency rule, amendment, or 5,867
rescission is effective on the day on which the latest filing is 5,868
completed. An emergency rule, amendment, or rescission adopted 5,869
under this division is not subject to section 111.15, division 5,870
(F) of section 119.03, or section 5703.14 of the Revised Code. 5,871
An emergency rule, amendment, or rescission adopted under this 5,872
division continues in effect until amended or rescinded by the 5,873
tax commissioner in accordance with division (C)(1) or (2) of 5,874
this section, except that the rescission of an emergency 5,875
rescission does not revive the rule rescinded. 5,876
(D) Except where otherwise provided, each form, 5,878
136
application, notice, and the like used in fulfilling the 5,879
requirements of sections 5117.01 to 5117.12 of the Revised Code 5,880
shall be approved by the tax commissioner. 5,881
Sec. 5703.14. (A) Any rule adopted by the board of tax 5,890
appeals and any rule of the department of taxation adopted by the 5,891
tax commissioner shall be effective on the tenth day after the 5,892
day on which the rule in final form and in compliance with 5,893
division (B) of this section is filed by the board or the 5,894
commissioner as follows: 5,895
(1) The rule shall be filed in both print and electronic 5,898
form with both the secretary of state and the director of the 5,900
legislative service commission; 5,901
(2) The rule shall be filed in both print and electronic 5,904
form with the joint committee on agency rule review. Division 5,906
(A)(2) of this section does not apply to any rule to which 5,907
division (H) of section 119.03 of the Revised Code does not 5,908
apply.
If all filings are not completed on the same day, the rule 5,910
shall be effective on the tenth day after the day on which the 5,911
latest filing is completed. If the board or the commissioner in 5,912
adopting a rule designates an effective date that is later than 5,913
the effective date provided for by this division, the rule if 5,914
filed as required by this division shall become effective on the 5,915
later date designated by the board or commissioner. 5,916
(B) The board and commissioner shall file the rule in 5,918
compliance with the following standards and procedures: 5,919
(1) The rule shall be numbered in accordance with the 5,921
numbering system devised by the director for the Ohio 5,922
administrative code. 5,923
(2) The rule shall be prepared and submitted in compliance 5,925
with the rules of the legislative service commission. 5,926
(3) The rule shall clearly state the date on which it is 5,928
to be effective and the date on which it will expire, if known. 5,929
(4) Each rule that amends or rescinds another rule shall 5,931
137
clearly refer to the rule that is amended or rescinded. Each 5,932
amendment shall fully restate the rule as amended. 5,933
If the director of the legislative service commission or 5,935
the director's designee gives the board or commissioner notice 5,937
pursuant to section 103.05 of the Revised Code that a rule filed 5,938
by the board or commissioner is not in compliance with the rules
of the legislative service commission, the board or commissioner 5,939
shall within thirty days after receipt of the notice conform the 5,940
rule to the rules of the legislative service commission as 5,941
directed in the notice. 5,942
All rules of the department and board filed pursuant to 5,944
division (A)(1) of this section shall be recorded by the 5,945
secretary of state and the director under the name of the 5,946
department or board and shall be numbered in accordance with the 5,947
numbering system devised by the director. The secretary of state 5,948
and the director shall preserve the rules in an accessible 5,949
manner. Each such rule shall be a public record open to public 5,950
inspection and may be transmitted to any law publishing company 5,951
that wishes to reproduce it. Each such rule shall also be made 5,952
available to interested parties upon request directed to the 5,953
department. 5,954
(C) Applications for review of any rule adopted and 5,956
promulgated by the commissioner may be filed with the board by 5,957
any person who has been or may be injured by the operation of the 5,958
rule. The appeal may be taken at any time after the rule is 5,959
filed with the secretary of the state, the director of the 5,960
legislative service commission, and, if applicable, the joint 5,961
committee on agency rule review. Failure to file an appeal does 5,962
not preclude any person from seeking any other remedy against the 5,963
application of the rule to the person. The applications shall 5,965
set forth, or have attached thereto and incorporated by
reference, a true copy of the rule, and shall allege that the 5,966
rule complained of is unreasonable and shall state the grounds 5,967
upon which the allegation is based. Upon the filing of the 5,968
138
application, the board shall notify the commissioner of the 5,969
filing of the application, fix a time for hearing the 5,970
application, notify the commissioner and the applicant of the 5,971
time for the hearing, and afford both an opportunity to be heard. 5,972
The appellant, the tax commissioner, and any other interested 5,973
persons that the board permits, may introduce evidence. The 5,974
burden of proof to show that the rule is unreasonable shall be 5,975
upon the appellant. After the hearing, the board shall determine 5,976
whether the rule complained of is reasonable or unreasonable. A 5,977
determination that the rule complained of is unreasonable shall 5,978
require a majority vote of the three members of the board, and 5,979
the reasons for the determination shall be entered on the journal 5,980
of the board. 5,981
Upon determining that the rule complained of is 5,983
unreasonable, the board shall file copies of its determination as 5,984
follows: 5,985
(1) The determination shall be filed in both print and 5,989
electronic form with both the secretary of state and the director 5,990
of the legislative service commission, who shall note the date of 5,991
their receipt of the certified copies conspicuously in their 5,992
files of the rules of the department; 5,993
(2) The determination shall be filed in both print and 5,997
electronic form with the joint committee on agency rule review. 5,998
Division (C)(2) of this section does not apply to any rule to 5,999
which division (H) of section 119.03 of the Revised Code does not 6,000
apply. 6,001
On the tenth day after the determination has been received 6,004
by the secretary of state, the director, and, if applicable, the 6,005
joint committee, the rule referred to in the determination shall 6,006
cease to be in effect. If all filings of the determination are 6,007
not completed on the same day, the rule shall remain in effect 6,008
until the tenth day after the day on which the latest filing is 6,009
completed. This section does not apply to licenses issued under 6,010
sections 5735.02, 5739.17, and 5743.15 of the Revised Code, which 6,011
139
shall be governed by sections 119.01 to 119.13 of the Revised 6,012
Code.
The board is not required to hear an application for the 6,014
review of any rule where the grounds of the allegation that the 6,015
rule is unreasonable have been previously contained in an 6,016
application for review and have been previously heard and passed 6,017
upon by the board. 6,018
(D) This section does not apply to the adoption of any 6,020
rule, or to the amendment or rescission of any rule by the tax 6,021
commissioner under division (C)(1) or (2) of section 5117.02 of 6,022
the Revised Code. 6,023
(E) As used in this section, "substantive revision" has 6,025
the same meaning as in division (J) of section 119.01 of the 6,026
Revised Code. 6,027
Section 7. That existing sections 103.05, 111.15, 117.20, 6,029
119.03, 119.031, 119.032, 119.0311, 119.04, 121.24, 121.39, 6,030
127.18, 4141.14, 5117.02, and 5703.14 of the Revised Code are 6,031
hereby repealed.
Section 8. Sections 6 and 7 of this act take effect April 6,033
1, 2002.
Section 9. Sections 103.051, 103.052, 103.053, 103.054, 6,035
119.038, and 119.039 of the Revised Code take effect October 1, 6,036
1999. Beginning October 1, 1999, the Director of the Legislative 6,037
Service Commission shall proceed to set up the Register of Ohio 6,038
for publication. The director shall first publish the Register 6,039
of Ohio on July 3, 2000. 6,040
Section 10. The amendments to divisions (A) and (B) of 6,042
section 119.03 of the Revised Code within the purview of Sections 6,043
1 and 2 of this act, except for the amendments to division (A)(4) 6,045
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 6,047
requirement that public notices, original and revised versions of 6,048
proposed rules, and rule summary and fiscal analyses be published 6,049
in the Register of Ohio apply both (A) to filings of these 6,050
140
documents that occur on or after July 1, 2000, in the course of 6,051
rule-making proceedings that are pending on that date and (B) to 6,052
filings of these documents in rule-making proceedings that are 6,053
commenced on or after July 1, 2000. 6,054
Section 11. On and after July 1, 2000, until April 1, 6,056
2001, an agency's giving public notice of its intention to 6,057
consider adopting, amending, or rescinding a rule in the Register 6,059
of Ohio under division (A) of section 119.03 of the Revised Code 6,060
is not sufficient by itself to give public notice of the agency's 6,061
intention. Therefore, on and after July 1, 2000, until April 1, 6,062
2001, an agency, in addition to giving public notice in the 6,063
Register of Ohio, shall continue to give public notice of its 6,064
intention to consider adopting, amending, or rescinding a rule in 6,065
the same manner as it gave public notice under division (A) of 6,066
section 119.03 of the Revised Code as the division existed before 6,067
July 1, 2000. On and after April 1, 2001, an agency's giving 6,068
public notice in the Register of Ohio is sufficient by itself to 6,069
give public notice.
Section 12. Section 119.037 of the Revised Code takes 6,071
effect April 1, 2001. 6,072
Section 13. Sections 9 to 12 of this act are intended 6,074
gradually to phase in the Register of Ohio as a single source of 6,075
public information about rule-making proceedings. 6,076
Section 14. The amendment to division (D) of section 6,078
111.15 of the Revised Code within the purview of Sections 1 and 2 6,079
of this act takes effect at the earliest time permitted by law 6,080
and first applies to rule-making proceedings that are commenced 6,081
on and after that date. The amendment does not affect a 6,083
rule-making proceeding that is pending on its effective date; the 6,085
proceeding is to be carried through to completion under division
(D) of section 111.15 of the Revised Code as the division existed 6,086
at the time the proceeding was commenced. 6,087
Section 15. The amendments to divisions (A)(4) and (C) of 6,090
section 119.03 of the Revised Code within the purview of Sections
141
1 and 2 of this act take effect at the earliest time permitted by 6,092
law and first apply to rule-making proceedings that are commenced 6,093
on or after that effective date. The amendments do not affect a 6,094
rule-making proceeding that is pending on their effective date; 6,095
the proceeding is to be carried through to completion under 6,096
divisions (A)(4) and (C) of section 119.03 of the Revised Code as 6,097
the divisions existed at the time the proceeding was commenced. 6,098
Section 16. The amendments to division (I) of section 6,101
119.03 of the Revised Code within the purview of Sections 1 and 2 6,102
of this act take effect at the earliest time permitted by law and 6,103
first apply to rule-making proceedings that are subject to 6,104
division (D) of section 111.15 or division (H) of section 119.03 6,105
of the Revised Code and that are commenced on or after that 6,107
effective date. The amendments do not affect a rule-making
proceeding that is subject to division (D) of section 111.15 or 6,109
division (H) of section 119.03 of the Revised Code and that is 6,110
pending on their effective date; the proceeding is to be carried 6,111
through to completion under division (D) of section 111.15 or 6,113
division (H) of section 119.03 of the Revised Code, and under
division (I) of section 119.03 of the Revised Code, as the 6,115
divisions existed at the time the proceeding was commenced. 6,117
Section 17. Except as otherwise provided in this section, 6,119
section 119.032 of the Revised Code, as amended within the 6,120
purview of Sections 1 and 2 of this act, takes effect at the 6,122
earliest time permitted by law. The amendment to the fifth 6,123
sentence of, and the new sentence added to the end of, division 6,124
(E)(2) of section 119.032 of the Revised Code as amended within 6,125
the purview of Sections 1 and 2 of this act take effect July 1, 6,127
2000.
Section 18. The Director of the Legislative Service 6,129
Commission shall implement the electronic rule-filing system 6,130
required by section 103.0511 of the Revised Code according to the 6,132
following schedule:
Task Not later than 6,135
142
Begin initial set up of electronic October 1, 1999 6,139
rule-filing system
Complete initial set up of electronic March 31, 2001 6,142
rule-filing system
Begin testing electronic rule-filing April 1, 2001 6,145
system as initially set up
Complete testing electronic rule-filing September 30, 2001 6,148
system as initially set up
Begin final set up of electronic October 1, 2001 6,151
rule-filing system
Complete final set up of electronic March 31, 2002 6,154
rule-filing system
Inaugurate exclusive use of electronic April 1, 2002 6,157
rule-filing system
In implementing the electronic rule-filing system, time is 6,161
of the essence. The director shall complete an implementation
period earlier than the date prescribed in the schedule if 6,162
earlier completion is feasible under the circumstances. The 6,163
director may extend a deadline for a reasonable time if 6,164
circumstances make it infeasible for a deadline to be met without 6,165
sacrificing the quality or reliability of the system. In either
instance, the director as reasonably necessary may adjust 6,166
subsequent deadlines prescribed in the schedule. In no event, 6,167
however, is electronic filing of rules and of rule-making and 6,168
rule-related documents to be required earlier than April 1, 2001. 6,170
And nor is the electronic rule filing system to be inaugurated 6,171
earlier or later than April 1, 2002.
Section 19. During the initial set up period of the 6,173
143
electronic rule-filing system: 6,174
(A) The Director of the Legislative Service Commission 6,176
shall identify the requirements of the electronic rule-filing 6,177
system, prepare a complete list of participants in the system, 6,178
prepare a comprehensive plan for the system, and take action as 6,179
necessary to implement the plan.
(B) Each other participant in the electronic rule-filing 6,181
system shall take action as necessary to connect into the system. 6,182
During implementation of the plan, the director may conduct 6,184
field trials of the electronic rule-filing system using other 6,185
participants in the system the director selects. An other
participant who is selected to participate in a field trial shall 6,186
cooperate with the director both in the field trial and in its 6,187
evaluation.
Section 20. During the testing period of the electronic 6,189
rule-filing system:
(A) The Governor and each agency shall file rules and 6,191
rule-making and rule-related documents, and the Director of the 6,192
Legislative Service Commission, Joint Committee on Agency Rule 6,194
Review, Secretary of State, Clerk of the Senate, Clerk of the 6,195
House of Representatives, Office of Small Business, General 6,196
Assembly, committees of the Senate and House of Representatives, 6,197
and other participants in the system shall respond to rules and 6,199
rule-making and rule-related filings, in both paper and
electronic form as contemplated by sections 103.05, 111.15, 6,200
117.20, 119.03, 119.031, 119.032, 119.0311, 119.04, 121.24, 6,201
121.39, 127.18, 4141.14, 5117.02, and 5703.14 of the Revised Code 6,202
as they result from Sections 3 and 4 of this act.
(B) The director and each other participant in the 6,204
electronic rule-filing system shall test the system, identify 6,205
deficiencies in its operation, develop plans for correcting the 6,206
deficiencies, and take action as necessary to implement the 6,207
corrective plans.
Section 21. During the final set up period of the 6,209
144
electronic rule-filing system: 6,210
(A) The Governor and each agency shall continue to file 6,212
rules and rule-making and rule-related documents, and the 6,213
Director of the Legislative Service Commission, Joint Committee 6,214
on Agency Rule Review, Secretary of State, Clerk of the Senate, 6,216
Clerk of the House of Representatives, Office of Small Business,
General Assembly, committees of the Senate and House of 6,218
Representatives, and other participants in the system shall 6,219
continue to respond to these filings, in both paper and 6,220
electronic form, as during the testing period. 6,221
(B) The director and each other participant in the 6,223
electronic rule-filing system shall complete taking corrective 6,224
action as necessary to ensure reliable operation of the system 6,225
upon its inauguration as a means of filing rules and rule-making 6,226
and rule-related documents exclusively in electronic form.
Section 22. If during the testing or final set up periods 6,228
of the electronic rule-filing system there is an expected or 6,229
unexpected shut down of the whole or part of the system, such as 6,230
for correction of a deficiency or because of hardware or software 6,231
failure, the Director of the Legislative Service Commission may 6,232
temporarily authorize an agency that is required to file rules
and other rule-making and related documents in both print and 6,233
electronic form nevertheless to file rules and other rule-making 6,234
and rule-related documents in only print form. 6,235
Section 23. On and after inauguration of the electronic 6,237
rule-filing system, the Governor and each agency shall file rules 6,238
and rule-making and rule-related documents, and the Director of 6,239
the Legislative Service Commission, Joint Committee on Agency 6,240
Rule Review, Secretary of State, Clerk of the Senate, Clerk of 6,241
the House of Representatives, Office of Small Business, General
Assembly, committees of the Senate and House of Representatives, 6,243
and other participants in the system shall respond to these 6,244
filings, exclusively in electronic form as contemplated by 6,245
sections 103.05, 111.15, 117.20, 119.03, 119.031, 119.032, 6,246
145
119.0311, 119.04, 121.24, 121.39, 127.18, 4141.14, 5117.02, and 6,247
5703.14 of the Revised Code as they result from Sections 6 and 7 6,248
of this act.
Section 24. Notwithstanding any other provision of law, if 6,250
a rule-making or rule-related document not contemplated by 6,251
section 103.05, 111.15, 117.20, 119.03, 119.031, 119.032, 6,252
119.0311, 119.04, 121.24, 121.39, 127.18, 4141.14, 5117.02, or 6,253
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: 6,254
(A) During the period beginning April 1, 2001, and ending 6,256
March 31, 2002, in both print and electronic form. 6,257
(B) On and after April 1, 2002, exclusively in electronic 6,259
form.
If multiple copies of a document contemplated by this 6,261
section are required to be filed, the multiple-copy requirement 6,262
ceases to apply on and after April 1, 2001. If the effectiveness 6,264
of a filing is timed with reference to the latest filing, the 6,265
filing takes effect upon the latest filing to be completed in
both print and electronic form between April 1, 2001, and March 6,266
31, 2002, and upon the latest filing to be completed in 6,267
electronic form on and after April 1, 2002. 6,268
The Director of the Legislative Service Commission shall 6,270
keep a record of any document filed under this section and shall 6,271
recommend legislation to bring its filing requirements into 6,272
conformity with the Electronic Rule-Filing Act.
Section 25. Section 154 of Am. Sub. H.B. 215 of the 122nd 6,274
General Assembly is hereby repealed. 6,276
Section 26. The $150 per diem compensation authorized by 6,278
section 101.35 of the Revised Code as amended by Am. Sub. H.B. 6,279
215 of the 122nd General Assembly is available only to a member 6,281
of the Joint Committee on Agency Rule Review whose term in the 6,282
General Assembly began on or after the effective date of Section
154 of that act. 6,284
Section 27. (A) Sections 103.051 to 103.054 and 119.037, 6,286
146
119.038, and 119.039 of the Revised Code are to be known as the 6,287
"Register of Ohio Act." 6,288
(B) Sections 103.0511 and 103.0512 of the Revised Code are 6,292
to be known as the "Electronic Rule-Filing Act."
(C) Section 119.0311 of the Revised Code is to be known as 6,295
the "Guide to Public Participation in Rule-Making Act." 6,296
Section 28. Section 121.24 of the Revised Code is 6,298
presented in Section 3 of this act as a composite of the section 6,300
as amended by both Sub. H.B. 473 and Am. Sub. H.B. 538 of the 6,301
121st General Assembly, with the new language of neither of the 6,303
acts shown in capital letters. This is in recognition of the 6,304
principle stated in division (B) of section 1.52 of the Revised 6,305
Code that such amendments are to be harmonized where not 6,306
substantively irreconcilable and constitutes a legislative 6,307
finding that such is the resulting version in effect prior to 6,308
April 1, 2001.