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.