As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 396


Representatives McGregor, Murray 



A BILL
To amend sections 101.35, 103.0511, 107.54, 111.15, 1
117.20, 119.01, 119.03, 119.04, 121.39, 121.73, 2
121.74, 121.81, 121.82, 121.83, 127.18, 1531.08, 3
3319.22, 3319.221, 3333.021, 3333.048, 3737.88, 4
3746.04, 4117.02, 4141.14, 5103.0325, 5117.02, 5
5703.14, 6111.31, and 6111.51; to enact sections 6
106.01, 106.02, 106.021, 106.022, 106.023, 106.03, 7
106.031, 106.032, 106.04, 106.041, and 106.042; 8
and to repeal sections 119.031 and 119.032 of the 9
Revised Code to revise rule-making and rule review 10
procedures and to declare an emergency.11


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

       Section 1.  That sections 101.35, 103.0511, 107.54, 111.15, 12
117.20, 119.01, 119.03, 119.04, 121.39, 121.73, 121.74, 121.81, 13
121.82, 121.83, 127.18, 1531.08, 3319.22, 3319.221, 3333.021, 14
3333.048, 3737.88, 3746.04, 4117.02, 4141.14, 5103.0325, 5117.02, 15
5703.14, 6111.31, and 6111.51 be amended and that sections 106.01, 16
106.02, 106.021, 106.022, 106.023, 106.03, 106.031, 106.032, 17
106.04, 106.041, and 106.042 of the Revised Code be enacted to 18
read as follows:19

       Sec. 101.35.  There is hereby created in the general assembly 20
the joint committee on agency rule review. The committee shall 21
consist of five members of the house of representatives and five 22
members of the senate. Within fifteen days after the commencement 23
of the first regular session of each general assembly, the speaker 24
of the house of representatives shall appoint the members of the 25
committee from the house of representatives, and the president of 26
the senate shall appoint the members of the committee from the 27
senate. Not more than three of the members from each house shall 28
be of the same political party. In the first regular session of a 29
general assembly, the chairperson of the committee shall be 30
appointed by the speaker of the house from among the house members 31
of the committee, and the vice-chairperson shall be appointed by 32
the president of the senate from among the senate members of the 33
committee. In the second regular session of a general assembly, 34
the chairperson shall be appointed by the president of the senate 35
from among the senate members of the committee, and the 36
vice-chairperson shall be appointed by the speaker of the house 37
from among the house members of the committee. The chairperson, 38
vice-chairperson, and members of the committee shall serve until 39
their respective successors are appointed or until they are no 40
longer members of the general assembly. When a vacancy occurs 41
among the officers or members of the committee, it shall be filled 42
in the same manner as the original appointment.43

       Notwithstanding section 101.26 of the Revised Code, the 44
members, when engaged in their duties as members of the committee 45
on days when there is not a voting session of the member's house 46
of the general assembly, shall be paid at the per diem rate of one 47
hundred fifty dollars, and their necessary traveling expenses, 48
which shall be paid from the funds appropriated for the payment of 49
expenses of legislative committees.50

       The committee has the same powers as other standing or select 51
committees of the general assembly. Six members constitute a 52
quorum, and the concurrence of six members is required for the 53
recommendation of a concurrent resolution invalidatingto 54
recommend enactment of a bill invalidating a proposed or effective55
existing rule, amendment, rescission, or part thereof, or for the 56
suspension of a rule, amendment, rescission, or part thereof,57
under division (I) of section 119.03106.021 or section 119.03158
106.031 of the Revised Code.59

       When a member of the committee is absent, the president or 60
speaker, as the case may be, may designate a substitute from the 61
same house and political party as the absent member. The 62
substitute shall serve on the committee in the member's absence, 63
and is entitled to perform the duties of a member of the 64
committee. For serving on the committee, the substitute shall be 65
paid the same per diem and necessary traveling expenses as the 66
substitute would be entitled to receive if the substitute were a 67
member of the committee.68

       The president or speaker shall inform the executive director 69
of the committee of a substitution. If the executive director 70
learns of a substitution sufficiently in advance of the meeting of 71
the committee the substitute is to attend, the executive director 72
shall publish notice of the substitution on the internet, make 73
reasonable effort to inform of the substitution persons who are 74
known to the executive director to be interested in rules that are 75
scheduled for review at the meeting, and inform of the 76
substitution persons who inquire of the executive director 77
concerning the meeting.78

       The committee may meet during periods in which the general 79
assembly has adjourned. At80

       At meetings of the committee, the committee may request a 81
rule-makingan agency, as defined in section 119.01106.01 of the 82
Revised Code, to provide information relative to the agency's 83
implementation of its statutory authority.84

       A member of the committee, and the executive director and 85
staff of the committee, are entitled in their official capacities 86
to attend, but not in their official capacities to participate in, 87
a public hearing conducted by a rule-makingan agency on a 88
proposed rule, amendment, or rescission.89

       Sec. 103.0511.  The director of the legislative service 90
commission shall establish and maintain, and enhance and improve, 91
an electronic rule-filing system connecting:92

       (A) The legislative service commission, the joint committee 93
on agency rule review, and the secretary of state;94

       (B) The governor, the senate and house of representatives, 95
and the clerks of the senate and house of representatives;96

       (C) Each agency that files rules and other rule-making and 97
rule-related documents with the legislative service commission, 98
the joint committee on agency rule review, the department of 99
aging, the governor, the common sense initiative office, the 100
secretary of state, the general assembly, or a committee of the 101
senate or house of representatives under section 106.02, 106.022, 102
106.031, 107.54, 111.15, 117.20, 119.03, 119.031, 119.032,103
119.0311, 119.04, 121.24, 121.39, 121.82, 127.18, 4141.14,104
173.01, 5117.02, or 5703.14 of the Revised Code or any other 105
statute;106

       (D) The several publishers of the Administrative Code; and107

       (E) The common sense initiative office; and108

       (F) Any other person or governmental officer or entity whose 109
inclusion in the system is required for the system to be a 110
complete electronic rule-filing system.111

       The electronic rule-filing system is to enable rules and 112
rule-making and rule-related documents to be filed, and official 113
responses to these filings to be made, exclusively by electronic 114
means.115

       Sec. 106.01. As used in sections 106.01 to 106.042 of the 116
Revised Code, as the case may be:117

       (A) "Agency" means an agency as defined in sections 111.15 118
and 119.01 of the Revised Code.119

       (B) "Review date" means the review date assigned to a rule by 120
an agency under section 111.15 or 119.04 of the Revised Code.121

       (C) "Rule" means (1) a proposed new rule, or a proposed 122
amendment or rescission of an existing rule, that has been filed 123
with the joint committee on agency rule review under division (D) 124
of section 111.15 of the Revised Code or division (D) of section 125
119.03 of the Revised Code or (2) an existing rule that is subject 126
to review under sections 106.03 and 106.031 of the Revised Code. 127
"Rule" includes an appendix to a rule.128

       "Proposed rule" refers to the original and a revised version 129
of a proposed rule.130

       "Proposed rule" does not include a proposed rule that has 131
been adopted and is being filed in final form.132

       In sections 106.03 and 106.031 of the Revised Code, "rule" 133
does not include a rule adopted, amended, or rescinded by the 134
department of taxation under section 5703.14 of the Revised Code, 135
a rule of a state college or university, community college 136
district, technical college district, or state community college, 137
or a rule that is consistent with and equivalent to the form 138
required by a federal law and that does not exceed the minimum 139
scope and intent of that federal law.140

       Sec. 106.02. When an agency files a proposed rule and rule 141
summary and fiscal analysis with the joint committee on agency 142
rule review, the joint committee shall review the proposed rule 143
and rule summary and fiscal analysis not later than the 144
sixty-fifth day after the day on which the proposed rule was filed 145
with the joint committee. If, after filing the original version of 146
a proposed rule, the agency makes a revision in the proposed rule, 147
the agency shall file the revised proposed rule and a revised rule 148
summary and fiscal analysis with the joint committee. If the 149
revised proposed rule is filed thirty-five or fewer days after the 150
original version of the proposed rule was filed, the joint 151
committee shall review the revised proposed rule and revised rule 152
summary and fiscal analysis not later than the sixty-fifth day 153
after the original version of the proposed rule was filed. If, 154
however, the revised proposed rule is filed more than thirty-five 155
days after the original version of the proposed rule was filed, 156
the joint committee shall review the revised proposed rule and 157
revised rule summary and fiscal analysis not later than the 158
thirtieth day after the revised proposed rule was filed with the 159
joint committee.160

        When a proposed rule or revised proposed rule is filed with 161
the joint committee in December, the joint committee shall review 162
the proposed rule or revised proposed rule as if the proposed rule 163
or revised proposed rule were the original version of the proposed 164
rule and had been filed with the joint committee on the first day 165
of the legislative session in the following January.166

       A revised proposed rule supersedes each earlier version of 167
the same proposed rule.168

       The joint committee shall not hold its public hearing on a 169
proposed rule earlier than the forty-first day after the proposed 170
rule was filed with the joint committee.171

       Sec. 106.021. If, upon reviewing a proposed rule or revised 172
proposed rule, the joint committee on agency rule review makes any 173
of the following findings with regard to the proposed rule or 174
revised proposed rule, the joint committee may recommend to the 175
senate and house of representatives the enactment of a bill to 176
invalidate the proposed rule or revised proposed rule or a part 177
thereof:178

       (A) The proposed rule or revised proposed rule exceeds the 179
scope of its statutory authority.180

       (B) The proposed rule or revised proposed rule conflicts with 181
the legislative intent of the statute under which it was proposed. 182

       (C) The proposed rule or revised proposed rule conflicts with 183
another proposed or existing rule.184

       (D) The proposed rule or revised proposed rule incorporates a 185
text or other material by reference and either the agency has 186
failed to file the text or other material incorporated by 187
reference as required by section 121.73 of the Revised Code or the 188
incorporation by reference fails to meet the standards stated in 189
section 121.72, 121.75, or 121.76 of the Revised Code.190

       (E) The agency has failed to demonstrate through the business 191
impact analysis, recommendations from the common sense initiative 192
office, and the memorandum of response that the regulatory intent 193
of the proposed rule or revised proposed rule justifies its 194
adverse impact on businesses in this state.195

       (F) The agency has failed to prepare a complete and accurate 196
rule summary and fiscal analysis of the proposed rule or revised 197
proposed rule as required by section 127.18 of the Revised Code.198

       Sec. 106.022.  As an alternative to recommending the 199
enactment of a bill to invalidate a proposed rule because an 200
agency has not prepared a complete and accurate rule summary and 201
fiscal analysis addressing the fiscal effect of the proposed rule 202
on counties, townships, municipal corporations, or school 203
districts, the joint committee on agency rule review may issue a 204
finding that the rule summary and fiscal analysis is incomplete or 205
inaccurate as to that fiscal effect, and order the agency to 206
refile the proposed rule with a revised rule summary and fiscal 207
analysis that addresses that fiscal effect completely and 208
accurately. The joint committee shall transmit the finding and 209
order electronically to the agency, the secretary of state, the 210
director of the legislative service commission, and, if the 211
proposed rule is to replace an emergency rule, the governor.212

       Upon receiving the finding and order, the agency may revise 213
the rule summary and fiscal analysis completely and accurately to 214
address the fiscal effect of the proposed rule on counties, 215
townships, municipal corporations, or school districts, and then 216
refile the proposed rule and revised rule summary and fiscal 217
analysis electronically with the joint committee. When the 218
proposed rule is refiled under this paragraph it is as if the 219
refiled proposed rule were a revised proposed rule.220

       If the joint committee finds that the revised rule summary 221
and fiscal analysis continues incompletely or inaccurately to 222
address the fiscal effect of the proposed rule on counties, 223
townships, municipal corporations, or school districts, the joint 224
committee may recommend the enactment of a bill to invalidate the 225
proposed rule under division (F) of section 106.021 of the Revised 226
Code. The joint committee may make only one finding and order with 227
regard to the same proposed rule.228

       A proposed rule that is subject to a finding and order may 229
not be adopted and filed in final form unless this section has 230
been complied with. 231

       If the proposed rule that is the subject of a finding and 232
order is to replace an emergency rule, the governor may issue an 233
order extending the emergency rule for an additional sixty-five 234
days after the day on which the emergency rule otherwise would 235
become invalid. The governor shall transmit the order 236
electronically to the agency, the joint committee, and the 237
director of the legislative service commission.238

       Sec. 106.023. An agency may not adopt a proposed rule or 239
revised proposed rule and file it in final form until the time for 240
the joint committee on agency rule review to review the proposed 241
rule or revised proposed rule has expired. If, before the time for 242
its review of a proposed rule or revised proposed rule expires, 243
the joint committee recommends enactment of a bill invalidating 244
the proposed rule or revised proposed rule, the rule-making 245
proceedings pertaining to the proposed rule or revised proposed 246
rule are suspended, and the proposed rule or revised proposed rule 247
may not be adopted and filed in final form during the suspension. 248
The suspension begins on the day the bill proposing to implement 249
the recommendation is submitted to the clerk of either house of 250
the general assembly. The suspension expires on the earlier of the 251
day that is six months after the day the bill was submitted or the 252
day sine die adjournment of both houses occurs. Upon expiration of 253
the suspension, the rule-making proceedings may resume. If, 254
however, during the suspension, or at any time thereafter, an act 255
invalidating the proposed rule or revised proposed rule takes 256
effect, the rule, whether then existing or still proposed, is 257
invalid as provided in the act.258

       Sec. 106.03. Prior to the review date of an existing rule, 259
the agency that adopted the rule shall do both of the following:260

       (A) Review the rule to determine all of the following:261

       (1) Whether the rule should be continued without amendment, 262
be amended, or be rescinded, taking into consideration the 263
purpose, scope, and intent of the statute under which the rule was 264
adopted;265

       (2) Whether the rule needs amendment or rescission to give 266
more flexibility at the local level;267

       (3) Whether the rule needs amendment or rescission to 268
eliminate unnecessary paperwork;269

       (4) Whether the rule incorporates a text or other material by 270
reference and, if so, whether the text or other material 271
incorporated by reference is deposited or displayed as required by 272
section 121.74 of the Revised Code and whether the incorporation 273
by reference meets the standards stated in sections 121.72, 274
121.75, and 121.76 of the Revised Code;275

       (5) Whether the rule duplicates, overlaps with, or conflicts 276
with other rules;277

       (6) Whether the rule has an adverse impact on businesses, as 278
determined under section 107.52 of the Revised Code, and whether 279
any such adverse impact has been eliminated or reduced as required 280
under section 121.82 of the Revised Code.281

        In making its review, the agency shall consider the continued 282
need for the rule, the nature of any complaints or comments 283
received concerning the rule, and any relevant factors that have 284
changed in the subject matter area affected by the rule.285

       (B) On the basis of its review of the existing rule, the 286
agency shall determine whether the existing rule needs to be 287
amended or rescinded.288

       (1) If the existing rule needs to be amended or rescinded, 289
the agency, on or before the review date of the existing rule, 290
shall commence the process of amending or rescinding the existing 291
rule in accordance with its review of the rule.292

       (2) If the existing rule does not need to be amended or 293
rescinded, proceedings shall be had under section 106.031 of the 294
Revised Code.295

       Upon the request of the agency that adopted an existing rule, 296
the joint committee on agency rule review may extend the review 297
date of the rule to a date that is not later than one hundred 298
eighty days after the review date assigned to the rule by the 299
agency. The joint committee may further extend a review date that 300
has been extended only if doing so is appropriate under the 301
circumstances.302

       The agency that adopted an existing rule that is exempt from 303
review under this section because of the fourth paragraph in 304
division (C) of section 106.01 of the Revised Code nevertheless 305
shall file a copy of the existing rule with the joint committee. 306
The joint committee, after a hearing on the matter, and by a vote 307
of two-thirds of its members present, may determine that the rule 308
is not entitled to the exemption. Thereafter, the rule is subject 309
to review under this section.310

       Sec. 106.031. If an agency, on the basis of its review of a 311
rule under section 106.03 of the Revised Code, determines that the 312
rule does not need to be amended or rescinded, proceedings shall 313
be had as follows:314

       (A)(1) If, considering only the standard of review specified 315
in division (A)(6) of section 106.03 of the Revised Code, the rule 316
has an adverse impact on businesses that has not been eliminated 317
or reduced, the agency shall prepare a business impact analysis 318
that describes its review of the rule under that division and that 319
explains why the rule is not being amended or rescinded to reduce 320
or eliminate its adverse impact on businesses. If the rule does 321
not have an adverse impact on businesses, the agency may proceed 322
under division (B) of this section.323

       (2) The agency shall transmit a copy of the full text of the 324
rule and the business impact analysis electronically to the common 325
sense initiative office. The office shall make the rule and 326
analysis available to the public on its web site under section 327
107.62 of the Revised Code.328

       (3) The agency shall consider any recommendations made by the 329
office.330

       (4) Not earlier than the sixteenth business day after 331
transmitting the rule and analysis to the office, the agency shall 332
either (a) proceed under division (B) of this section or (b) 333
commence, under division (B)(1) of section 106.03 of the Revised 334
Code, the process of rescinding the rule or of amending the rule 335
to incorporate into the rule features the recommendations suggest 336
will eliminate or reduce the adverse impact the rule has on 337
businesses. If the agency determines to amend or rescind the rule, 338
the agency is not subject to the time limit specified in division 339
(B)(1) of section 106.03 of the Revised Code.340

       (5) If the agency receives recommendations from the office, 341
and determines not to amend or rescind the rule, the agency shall 342
prepare a memorandum of response that explains why the rule is not 343
being rescinded or why the recommendations are not being 344
incorporated into the rule. 345

       (B) The agency shall assign a new review date to the rule. 346
The review date assigned shall be not later than five years after 347
the immediately preceding review date pertaining to the rule. If 348
the agency assigns a review date that exceeds the five-year 349
maximum, the review date is five years after the immediately 350
preceding review date.351

       (C)(1) The agency shall file all the following, in electronic 352
form, with the joint committee on agency rule review, the 353
secretary of state, and the director of the legislative service 354
commission: a copy of the rule specifying its new review date, a 355
complete and accurate rule summary and fiscal analysis, and, if 356
relevant, a business impact analysis of the rule, any comments 357
received from the common sense initiative office, and any 358
memorandum of response. An agency may comply with the requirement 359
to file a complete and accurate rule summary and fiscal analysis 360
by filing a previously prepared rule summary and fiscal analysis, 361
so long as the previous rule summary and fiscal analysis was 362
complete and accurate at the time it was prepared, continues to be 363
such a complete and accurate explanation of the rule, and the 364
conditions described in division (B)(4), (5), (6), (8), (9), or 365
(10) of section 127.18 of the Revised Code, as they relate to the 366
rule, have not appreciably changed since the previous rule summary 367
and fiscal analysis was prepared.368

       (2) The joint committee does not have jurisdiction to review, 369
and shall reject, the filing of a rule under division (C)(1) of 370
this section if, at any time while the rule is in its possession, 371
it discovers that the rule has an adverse impact on businesses and 372
the agency has not complied with division (A) of this section. The 373
joint committee shall electronically return a rule that is 374
rejected to the agency, together with any documents that were part 375
of the filing. Such a rejection does not preclude the agency from 376
refiling the rule under division (C)(1) of this section after 377
complying with division (A) of this section. When the filing of a 378
rule is rejected under this division, it is as if the filing had 379
not been made.380

       (D) The joint committee shall publish notice of the agency's 381
determination not to amend or rescind the rule in the register of 382
Ohio for four consecutive weeks after the rule is filed under 383
division (C) of this section.384

       (E) During the ninety-day period after a rule is filed under 385
division (C) of this section, but after the four-week notice 386
period required by division (D) of this section has ended, the 387
joint committee, by a two-thirds vote of members present, may 388
recommend to the senate and house of representatives the enactment 389
of a bill invalidating the rule if the joint committee finds any 390
of the following:391

       (1) The agency improperly applied the standards in division 392
(A) of section 106.03 of the Revised Code in reviewing the rule 393
and in determining that the rule did not need amendment or 394
rescission.395

       (2) The rule has an adverse impact on businesses, and the 396
agency has failed to demonstrate through a business impact 397
analysis, recommendations from the common sense initiative office, 398
and a memorandum of response that the regulatory intent of the 399
rule justifies its adverse impact on businesses.400

       (3) If the rule incorporates a text or other material by 401
reference, the agency failed to file, or to deposit or display, 402
the text or other material incorporated by reference as required 403
by section 121.73 or 121.74 of the Revised Code or the 404
incorporation by reference fails to meet the standards stated in 405
section 121.72, 121.75, or 121.76 of the Revised Code.406

       (4) The agency otherwise failed to comply with section 106.03 407
or 106.031 of the Revised Code.408

       If the joint committee does not recommend enactment of a bill 409
to invalidate the rule, the rule continues in effect without 410
amendment, and shall be next reviewed by the joint committee with 411
reference to the new review date assigned to the rule.412

       Sec. 106.032.  If the joint committee on agency rule review 413
recommends invalidation of an existing rule, operation of the 414
existing rule is suspended. The suspension begins on the day the 415
bill proposing to implement the recommendation is submitted to the 416
clerk of either house of the general assembly. The suspension 417
expires on the earlier of the day that is six months after the day 418
the bill was submitted or the day sine die adjournment of both 419
houses occurs. Upon expiration of the suspension, operation of the 420
existing rule resumes. If, however, during the suspension, or at 421
any time thereafter, an act invalidating the existing rule takes 422
effect, the existing rule is invalid as provided in the act.423

       Sec. 106.04. When the joint committee on agency rule review 424
recommends invalidation of a proposed or existing rule under 425
section 106.021 or 106.031 of the Revised Code, the chairperson of 426
the joint committee, or another member of the joint committee 427
designated by the chairperson, shall prepare the recommendation of 428
invalidation in writing. The recommendation shall identify the 429
proposed or existing rule, the agency that proposed or submitted 430
the proposed or existing rule, and the finding that caused the 431
joint committee to make the recommendation, and briefly shall 432
explain the finding.433

       The chairperson of the joint committee shall request the 434
legislative service commission to prepare a bill to invalidate the 435
proposed or existing rule according to the recommendation.436

       Sec. 106.041. The chairperson of the joint committee on 437
agency rule review, or another member of the joint committee 438
designated by the chairperson, shall submit a bill to invalidate a 439
proposed or existing rule to the clerk of either house of the 440
general assembly. The recommendation of invalidation and a copy of 441
the proposed or existing rule also shall be submitted to the clerk 442
along with the bill.443

       A bill recommended by the joint committee on agency rule 444
review to invalidate a proposed or existing rule shall not be 445
referred to any committee other than the committee having 446
authority to set the calendar of bills for third consideration.447

       Sec. 106.042. The failure of the general assembly to enact a 448
bill invalidating a proposed or existing rule is not a 449
ratification of the lawfulness or reasonableness of the proposed 450
or existing rule or of the validity of the procedure by which the 451
rule was proposed or adopted.452

       Sec. 107.54. (A)(1) When the common sense initiative office 453
receives a draft rule and business impact analysis from an agency, 454
the office shall evaluate the draft rule and analysis against the 455
business impact analysis instrument and any other relevant 456
criteria, and may prepare and transmit recommendations to the 457
agency on how the draft rule might be revised to eliminate or 458
reduce any adverse impact the draft rule might have on businesses.459

       (2) When the office receives a rule and business impact 460
analysis from an agency under division (A)(2) of section 106.031 461
of the Revised Code, the office shall evaluate the rule and 462
analysis against the business impact analysis instrument and any 463
other relevant criteria, and may prepare and transmit 464
recommendations to the agency on how the rule might be amended or 465
rescinded to eliminate or reduce any adverse impact the rule has 466
on businesses.467

       (B) The office shall transmit any such recommendations 468
electronically to the agency. If the office fails to make such a 469
transmission after receiving the draft rule and business impact 470
analysis, it is as if the office had elected not to make any 471
recommendations.472

       Sec. 111.15.  (A) As used in this section:473

       (1) "Rule" includes any rule, regulation, bylaw, or standard 474
having a general and uniform operation adopted by an agency under 475
the authority of the laws governing the agency; any appendix to a 476
rule; and any internal management rule. "Rule" does not include 477
any guideline adopted pursuant to section 3301.0714 of the Revised 478
Code, any order respecting the duties of employees, any finding, 479
any determination of a question of law or fact in a matter 480
presented to an agency, or any rule promulgated pursuant to 481
Chapter 119., section 4141.14, division (C)(1) or (2) of section 482
5117.02, or section 5703.14 of the Revised Code. "Rule" includes 483
any amendment or rescission of a rule.484

       (2) "Agency" means any governmental entity of the state and 485
includes, but is not limited to, any board, department, division, 486
commission, bureau, society, council, institution, state college 487
or university, community college district, technical college 488
district, or state community college. "Agency" does not include 489
the general assembly, the controlling board, the adjutant 490
general's department, or any court.491

       (3) "Internal management rule" means any rule, regulation, 492
bylaw, or standard governing the day-to-day staff procedures and 493
operations within an agency.494

       (4) "Substantive revision" has the same meaning as in 495
division (J) of section 119.01 of the Revised Code.496

       (B)(1) Any rule, other than a rule of an emergency nature, 497
adopted by any agency pursuant to this section shall be effective 498
on the tenth day after the day on which the rule in final form and 499
in compliance with division (B)(3) of this section is filed as 500
follows:501

       (a) The rule shall be filed in electronic form with both the 502
secretary of state and the director of the legislative service 503
commission;504

       (b) The rule shall be filed in electronic form with the joint 505
committee on agency rule review. Division (B)(1)(b) of this 506
section does not apply to any rule to which division (D) of this 507
section does not apply.508

       An agency that adopts or amends a rule that is subject to 509
division (D) of this section shall assign a review date to the 510
rule that is not later than five years after its effective date. 511
If no review date is assigned to a rule, or if a review date 512
assigned to a rule exceeds the five-year maximum, the review date 513
for the rule is five years after its effective date. A rule with a 514
review date is subject to review under section 119.032106.03 of 515
the Revised Code. This paragraph does not apply to a rule of a 516
state college or university, community college district, technical 517
college district, or state community college.518

       If all filings are not completed on the same day, the rule 519
shall be effective on the tenth day after the day on which the 520
latest filing is completed. If an agency in adopting a rule 521
designates an effective date that is later than the effective date 522
provided for by division (B)(1) of this section, the rule if filed 523
as required by such division shall become effective on the later 524
date designated by the agency.525

       Any rule that is required to be filed under division (B)(1) 526
of this section is also subject to division (D) of this section if 527
not exempted by that division (D)(1), (2), (3), (4), (5), (6), 528
(7), or (8) of this section.529

       If a rule incorporates a text or other material by reference, 530
the agency shall comply with sections 121.71 to 121.76 of the 531
Revised Code.532

       (2) A rule of an emergency nature necessary for the immediate 533
preservation of the public peace, health, or safety shall state 534
the reasons for the necessity. The emergency rule, in final form 535
and in compliance with division (B)(3) of this section, shall be 536
filed in electronic form with the secretary of state, the director 537
of the legislative service commission, and the joint committee on 538
agency rule review. The emergency rule is effective immediately 539
upon completion of the latest filing, except that if the agency in 540
adopting the emergency rule designates an effective date, or date 541
and time of day, that is later than the effective date and time 542
provided for by division (B)(2) of this section, the emergency 543
rule, if filed as required by such division, shall become 544
effective at the later date, or later date and time of day, 545
designated by the agency.546

       An emergency rule becomes invalid at the end of the ninetieth 547
day it is in effect. Prior to that date, the agency may file the 548
emergency rule as a nonemergency rule in compliance with division 549
(B)(1) of this section. The agency may not refile the emergency 550
rule in compliance with division (B)(2) of this section so that, 551
upon the emergency rule becoming invalid under such division, the 552
emergency rule will continue in effect without interruption for 553
another ninety-day period.554

       (3) An agency shall file a rule under division (B)(1) or (2) 555
of this section in compliance with the following standards and 556
procedures:557

       (a) The rule shall be numbered in accordance with the 558
numbering system devised by the director for the Ohio 559
administrative code.560

       (b) The rule shall be prepared and submitted in compliance 561
with the rules of the legislative service commission.562

       (c) The rule shall clearly state the date on which it is to 563
be effective and the date on which it will expire, if known.564

       (d) Each rule that amends or rescinds another rule shall 565
clearly refer to the rule that is amended or rescinded. Each 566
amendment shall fully restate the rule as amended.567

       If the director of the legislative service commission or the 568
director's designee gives an agency notice pursuant to section 569
103.05 of the Revised Code that a rule filed by the agency is not 570
in compliance with the rules of the legislative service 571
commission, the agency shall within thirty days after receipt of 572
the notice conform the rule to the rules of the commission as 573
directed in the notice.574

       (C) All rules filed pursuant to divisions (B)(1)(a) and (2) 575
of this section shall be recorded by the secretary of state and 576
the director under the title of the agency adopting the rule and 577
shall be numbered according to the numbering system devised by the 578
director. The secretary of state and the director shall preserve 579
the rules in an accessible manner. Each such rule shall be a 580
public record open to public inspection and may be transmitted to 581
any law publishing company that wishes to reproduce it.582

       (D) At least sixty-five days before a board, commission, 583
department, division, or bureau of the government of the state 584
files a rule under division (B)(1) of this section, it shall file 585
the full text of the proposed rule in electronic form with the 586
joint committee on agency rule review, and the proposed rule is 587
subject to legislative review and invalidation under division (I) 588
of section 119.03106.021 of the Revised Code. If a state board, 589
commission, department, division, or bureau makes a substantive590
revision in a proposed rule after it is filed with the joint 591
committee, the state board, commission, department, division, or 592
bureau shall promptly file the full text of the proposed rule in 593
its revised form in electronic form with the joint committee. The 594
latest version of a proposed rule as filed with the joint 595
committee supersedes each earlier version of the text of the same 596
proposed rule. Except as provided in division (F) of this section, 597
aA state board, commission, department, division, or bureau shall 598
also file the rule summary and fiscal analysis prepared under 599
section 127.18 of the Revised Code in electronic form along with a 600
proposed rule, and along with a proposed rule in revised form, 601
that is filed under this division. If a proposed rule has an 602
adverse impact on businesses, the state board, commission, 603
department, division, or bureau also shall file the business 604
impact analysis, any recommendations received from the common 605
sense initiative office, and the associated memorandum of 606
response, if any, in electronic form along with the proposed rule, 607
or the proposed rule in revised form, that is filed under this 608
division.609

       As used in this division, "commission" includes the public 610
utilities commission when adopting rules under a federal or state 611
statute.612

       This division does not apply to any of the following:613

       (1) A proposed rule of an emergency nature;614

       (2) A rule proposed under section 1121.05, 1121.06, 1155.18, 615
1163.22, 1349.33, 1707.201, 1733.412, 4123.29, 4123.34, 4123.341, 616
4123.342, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised 617
Code;618

       (3) A rule proposed by an agency other than a board, 619
commission, department, division, or bureau of the government of 620
the state;621

       (4) A proposed internal management rule of a board, 622
commission, department, division, or bureau of the government of 623
the state;624

       (5) Any proposed rule that must be adopted verbatim by an 625
agency pursuant to federal law or rule, to become effective within 626
sixty days of adoption, in order to continue the operation of a 627
federally reimbursed program in this state, so long as the 628
proposed rule contains both of the following:629

       (a) A statement that it is proposed for the purpose of 630
complying with a federal law or rule;631

       (b) A citation to the federal law or rule that requires 632
verbatim compliance.633

       (6) An initial rule proposed by the director of health to 634
impose safety standards and quality-of-care standards with respect 635
to a health service specified in section 3702.11 of the Revised 636
Code, or an initial rule proposed by the director to impose 637
quality standards on a facility listed in division (A)(4) of 638
section 3702.30 of the Revised Code, if section 3702.12 of the 639
Revised Code requires that the rule be adopted under this section;640

       (7) A rule of the state lottery commission pertaining to 641
instant game rules.642

       If a rule is exempt from legislative review under division 643
(D)(5) of this section, and if the federal law or rule pursuant to 644
which the rule was adopted expires, is repealed or rescinded, or 645
otherwise terminates, the rule is thereafter subject to 646
legislative review under division (D) of this section.647

       (E) Whenever a state board, commission, department, division, 648
or bureau files a proposed rule or a proposed rule in revised form 649
under division (D) of this section, it shall also file the full 650
text of the same proposed rule or proposed rule in revised form in 651
electronic form with the secretary of state and the director of 652
the legislative service commission. Except as provided in division 653
(F) of this section, aA state board, commission, department, 654
division, or bureau shall file the rule summary and fiscal 655
analysis prepared under section 127.18 of the Revised Code in 656
electronic form along with a proposed rule or proposed rule in 657
revised form that is filed with the secretary of state or the 658
director of the legislative service commission.659

       (F) Except as otherwise provided in this division, the 660
auditor of state or the auditor of state's designee is not 661
required to file a rule summary and fiscal analysis along with a 662
proposed rule, or proposed rule in revised form, that the auditor 663
of state proposes under section 117.12, 117.19, 117.38, or 117.43 664
of the Revised Code and files under division (D) or (E) of this 665
section.666

       Sec. 117.20.  (A) In adopting rules pursuant to Chapter 117. 667
of the Revised Code, the auditor of state or the auditor of 668
state's designee shall do both of the following:669

       (1) Before adopting any such rule, except a rule of an 670
emergency nature, do each of the following:671

       (a) At least thirty-five days before any public hearing on 672
the proposed rule-making action, mail or send by electronic mail673
notice of the hearing to each public office and to each statewide 674
organization that the auditor of state or designee determines will 675
be affected or represents persons who will be affected by the 676
proposed rule-making action;677

       (b) Mail or send by electronic mail a copy of the proposed 678
rule to any person or organization that requests a copy within 679
five days after receipt of the request;680

       (c) Consult with appropriate state and local government 681
agencies, or with persons representative of their interests, 682
including statewide organizations of local government officials, 683
and consult with accounting professionals and other interested 684
persons;685

       (d) Conduct, on the date and at the time and place designated 686
in the notice, a public hearing at which any person affected by 687
the proposed rule, including statewide organizations of local 688
government officials, may appear and be heard in person, by 689
attorney, or both, and may present the person's or organization's 690
position or contentions orally or in writing.691

       (2) Except as otherwise provided in division (A)(2) of this 692
section, complyComply with divisions (B) to (E) of section 111.15 693
of the Revised Code. The auditor of state is not required to file 694
a rule summary and fiscal analysis along with any copy of a 695
proposed rule, or proposed rule in revised form, that is filed 696
with the joint committee on agency rule review, the secretary of 697
state, or the director of the legislative service commission under 698
division (D) or (E) of section 111.15 of the Revised Code.699

       (B) The auditor of state shall diligently discharge the 700
duties imposed by divisions (A)(1)(a), (b), and (c) of this 701
section, but failure to mail or send by electronic mail any notice 702
or copy of a proposed rule, or to consult with any person or 703
organization, shall not invalidate any rule.704

       (C) Notwithstanding any contrary provision of the Revised 705
Code, the auditor of state may prepare and disseminate, to public 706
offices and other interested persons and organizations, advisory 707
bulletins, directives, and instructions relating to accounting and 708
financial reporting systems, budgeting procedures, fiscal 709
controls, and the constructions by the auditor of state of 710
constitutional and statutory provisions, court decisions, and 711
opinions of the attorney general. The bulletins, directives, and 712
instructions shall be of an advisory nature only.713

       (D) As used in this section, "rule" includes the adoption, 714
amendment, or rescission of a rule.715

       Sec. 119.01.  As used in sections 119.01 to 119.13 of the 716
Revised Code:717

       (A)(1) "Agency" means, except as limited by this division, 718
any official, board, or commission having authority to promulgate 719
rules or make adjudications in the civil service commission, the 720
division of liquor control, the department of taxation, the 721
industrial commission, the bureau of workers' compensation, the 722
functions of any administrative or executive officer, department, 723
division, bureau, board, or commission of the government of the 724
state specifically made subject to sections 119.01 to 119.13 of 725
the Revised Code, and the licensing functions of any 726
administrative or executive officer, department, division, bureau, 727
board, or commission of the government of the state having the 728
authority or responsibility of issuing, suspending, revoking, or 729
canceling licenses.730

       Except as otherwise provided in division (I) of this section, 731
sections 119.01 to 119.13 of the Revised Code do not apply to the 732
public utilities commission. Sections 119.01 to 119.13 of the 733
Revised Code do not apply to the utility radiological safety 734
board; to the controlling board; to actions of the superintendent 735
of financial institutions and the superintendent of insurance in 736
the taking possession of, and rehabilitation or liquidation of, 737
the business and property of banks, savings and loan associations, 738
savings banks, credit unions, insurance companies, associations, 739
reciprocal fraternal benefit societies, and bond investment 740
companies; to any action taken by the division of securities under 741
section 1707.201 of the Revised Code; or to any action that may be 742
taken by the superintendent of financial institutions under 743
section 1113.03, 1121.06, 1121.10, 1125.09, 1125.12, 1125.18, 744
1157.09, 1157.12, 1157.18, 1165.09, 1165.12, 1165.18, 1349.33, 745
1733.35, 1733.361, 1733.37, or 1761.03 of the Revised Code.746

       Sections 119.01 to 119.13 of the Revised Code do not apply to 747
actions of the industrial commission or the bureau of workers' 748
compensation under sections 4123.01 to 4123.94 of the Revised Code 749
with respect to all matters of adjudication, or to the actions of 750
the industrial commission, bureau of workers' compensation board 751
of directors, and bureau of workers' compensation under division 752
(D) of section 4121.32, sections 4123.29, 4123.34, 4123.341, 753
4123.342, 4123.40, 4123.411, 4123.44, 4123.442, 4127.07, divisions 754
(B), (C), and (E) of section 4131.04, and divisions (B), (C), and 755
(E) of section 4131.14 of the Revised Code with respect to all 756
matters concerning the establishment of premium, contribution, and 757
assessment rates.758

       (2) "Agency" also means any official or work unit having 759
authority to promulgate rules or make adjudications in the 760
department of job and family services, but only with respect to 761
both of the following:762

       (a) The adoption, amendment, or rescission of rules that 763
section 5101.09 of the Revised Code requires be adopted in 764
accordance with this chapter;765

       (b) The issuance, suspension, revocation, or cancellation of 766
licenses.767

       (B) "License" means any license, permit, certificate, 768
commission, or charter issued by any agency. "License" does not 769
include any arrangement whereby a person, institution, or entity 770
furnishes medicaid services under a provider agreement with the 771
department of job and family services pursuant to Title XIX of the 772
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as 773
amended.774

       (C) "Rule" means any rule, regulation, or standard, having a 775
general and uniform operation, adopted, promulgated, and enforced 776
by any agency under the authority of the laws governing such 777
agency, and includes any appendix to a rule. "Rule" does not 778
include any internal management rule of an agency unless the 779
internal management rule affects private rights and does not 780
include any guideline adopted pursuant to section 3301.0714 of the 781
Revised Code.782

       (D) "Adjudication" means the determination by the highest or 783
ultimate authority of an agency of the rights, duties, privileges, 784
benefits, or legal relationships of a specified person, but does 785
not include the issuance of a license in response to an 786
application with respect to which no question is raised, nor other 787
acts of a ministerial nature.788

       (E) "Hearing" means a public hearing by any agency in 789
compliance with procedural safeguards afforded by sections 119.01 790
to 119.13 of the Revised Code.791

       (F) "Person" means a person, firm, corporation, association, 792
or partnership.793

       (G) "Party" means the person whose interests are the subject 794
of an adjudication by an agency.795

       (H) "Appeal" means the procedure by which a person, aggrieved 796
by a finding, decision, order, or adjudication of any agency, 797
invokes the jurisdiction of a court.798

       (I) "Rule-making agency" means any board, commission, 799
department, division, or bureau of the government of the state 800
that is required to file proposed rules, amendments, or 801
rescissions under division (D) of section 111.15 of the Revised 802
Code and any agency that is required to file proposed rules, 803
amendments, or rescissions under divisions (B) and (H) of section 804
119.03 of the Revised Code. "Rule-making agency" includes the 805
public utilities commission. "Rule-making agency" does not include 806
any state-supported college or university.807

       (J) "Substantive revision" means any addition to, elimination 808
from, or other change in a rule, an amendment of a rule, or a 809
rescission of a rule, whether of a substantive or procedural 810
nature, that changes any of the following:811

       (1) That which the rule, amendment, or rescission permits, 812
authorizes, regulates, requires, prohibits, penalizes, rewards, or 813
otherwise affects;814

       (2) The scope or application of the rule, amendment, or 815
rescission.816

       (K) "Internal management rule" means any rule, regulation, or 817
standard governing the day-to-day staff procedures and operations 818
within an agency.819

       Sec. 119.03.  In the adoption, amendment, or rescission of 820
any rule, an agency shall comply with the following procedure:821

       (A) Reasonable public notice shall be given in the register 822
of Ohio at least thirty days prior to the date set for a hearing, 823
in the form the agency determines. The agency shall file copies of 824
the public notice under division (B) of this section. (The agency 825
gives public notice in the register of Ohio when the public notice 826
is published in the register under that division.)827

       The public notice shall include:828

       (1) A statement of the agency's intention to consider 829
adopting, amending, or rescinding a rule;830

       (2) A synopsis of the proposed rule, amendment, or rule to be 831
rescinded or a general statement of the subject matter to which 832
the proposed rule, amendment, or rescission relates;833

       (3) A statement of the reason or purpose for adopting, 834
amending, or rescinding the rule;835

       (4) The date, time, and place of a hearing on the proposed 836
action, which shall be not earlier than the thirty-first nor later 837
than the fortieth day after the proposed rule, amendment, or 838
rescission is filed under division (B) of this section.839

       In addition to public notice given in the register of Ohio, 840
the agency may give whatever other notice it reasonably considers 841
necessary to ensure notice constructively is given to all persons 842
who are subject to or affected by the proposed rule, amendment, or 843
rescission.844

       The agency shall provide a copy of the public notice required 845
under division (A) of this section to any person who requests it 846
and pays a reasonable fee, not to exceed the cost of copying and 847
mailing.848

       (B) The full text of the proposed rule, amendment, or rule to 849
be rescinded, accompanied by the public notice required under 850
division (A) of this section, shall be filed in electronic form 851
with the secretary of state and with the director of the 852
legislative service commission. (If in compliance with this 853
division an agency files more than one proposed rule, amendment, 854
or rescission at the same time, and has prepared a public notice 855
under division (A) of this section that applies to more than one 856
of the proposed rules, amendments, or rescissions, the agency 857
shall file only one notice with the secretary of state and with 858
the director for all of the proposed rules, amendments, or 859
rescissions to which the notice applies.) The proposed rule, 860
amendment, or rescission and public notice shall be filed as 861
required by this division at least sixty-five days prior to the 862
date on which the agency, in accordance with division (D) of this 863
section, issues an order adopting the proposed rule, amendment, or 864
rescission.865

       If the proposed rule, amendment, or rescission incorporates a 866
text or other material by reference, the agency shall comply with 867
sections 121.71 to 121.76 of the Revised Code.868

       The proposed rule, amendment, or rescission shall be 869
available for at least thirty days prior to the date of the 870
hearing at the office of the agency in printed or other legible 871
form without charge to any person affected by the proposal. 872
Failure to furnish such text to any person requesting it shall not 873
invalidate any action of the agency in connection therewith.874

       If the agency files a substantive revision in the text of the 875
proposed rule, amendment, or rescission under division (H) of this 876
section, it shall also promptly file the full text of the proposed 877
rule, amendment, or rescission in its revised form in electronic 878
form with the secretary of state and with the director of the 879
legislative service commission.880

       The agency shall file the rule summary and fiscal analysis 881
prepared under section 127.18 of the Revised Code in electronic 882
form along with a proposed rule, amendment, or rescission or 883
proposed rule, amendment, or rescission in revised form that is 884
filed with the secretary of state or the director of the 885
legislative service commission.886

       The director of the legislative service commission shall 887
publish in the register of Ohio the full text of the original and 888
each revised version of a proposed rule, amendment, or rescission; 889
the full text of a public notice; and the full text of a rule 890
summary and fiscal analysis that is filed with the director under 891
this division.892

       (C) When an agency files a proposed rule, amendment, or 893
rescission under division (B) of this section, it also shall file 894
in electronic form with the joint committee on agency rule review 895
the full text of the proposed rule, amendment, or rule to be 896
rescinded in the same form and the public notice required under 897
division (A) of this section. (If in compliance with this division 898
an agency files more than one proposed rule, amendment, or 899
rescission at the same time, and has given a public notice under 900
division (A) of this section that applies to more than one of the 901
proposed rules, amendments, or rescissions, the agency shall file 902
only one notice with the joint committee for all of the proposed 903
rules, amendments, or rescissions to which the notice applies.) 904
The proposed rule is subject to legislative review and 905
invalidation under section 106.021 of the Revised Code. If the 906
agency makes a revision in a proposed rule, amendment, or 907
rescission after it is filed with the joint committee, the agency 908
promptly shall file the full text of the proposed rule, amendment, 909
or rescission in its revised form in electronic form with the 910
joint committee. An agency shall file the rule summary and fiscal 911
analysis prepared under section 127.18 of the Revised Code in 912
electronic form along with a proposed rule, amendment, or 913
rescission, and along with a proposed rule, amendment, or 914
rescission in revised form, that is filed under this division. If 915
a proposed rule, amendment, or rescission has an adverse impact on 916
businesses, the agency also shall file the business impact 917
analysis, any recommendations received from the common sense 918
initiative office, and the agency's memorandum of response, if 919
any, in electronic form along with the proposed rule, amendment, 920
or rescission, or along with the proposed rule, amendment, or 921
rescission in revised form, that is filed under this division.922

       This division does not apply to:923

       (1) An emergency rule, amendment, or rescission;924

       (2) A proposed rule, amendment, or rescission that must be 925
adopted verbatim by an agency pursuant to federal law or rule, to 926
become effective within sixty days of adoption, in order to 927
continue the operation of a federally reimbursed program in this 928
state, so long as the proposed rule contains both of the 929
following:930

       (a) A statement that it is proposed for the purpose of 931
complying with a federal law or rule;932

       (b) A citation to the federal law or rule that requires 933
verbatim compliance.934

       If a rule or amendment is exempt from legislative review 935
under division (C)(2) of this section, and if the federal law or 936
rule pursuant to which the rule or amendment was adopted expires, 937
is repealed or rescinded, or otherwise terminates, the rule or 938
amendment, or its rescission, is thereafter subject to legislative 939
review under division (C) of this section.940

       (D) On the date and at the time and place designated in the 941
notice, the agency shall conduct a public hearing at which any 942
person affected by the proposed action of the agency may appear 943
and be heard in person, by the person's attorney, or both, may 944
present the person's position, arguments, or contentions, orally 945
or in writing, offer and examine witnesses, and present evidence 946
tending to show that the proposed rule, amendment, or rescission, 947
if adopted or effectuated, will be unreasonable or unlawful. An 948
agency may permit persons affected by the proposed rule, 949
amendment, or rescission to present their positions, arguments, or 950
contentions in writing, not only at the hearing, but also for a 951
reasonable period before, after, or both before and after the 952
hearing. A person who presents a position or arguments or 953
contentions in writing before or after the hearing is not required 954
to appear at the hearing.955

       At the hearing, the testimony shall be recorded. Such record 956
shall be made at the expense of the agency. The agency is required 957
to transcribe a record that is not sight readable only if a person 958
requests transcription of all or part of the record and agrees to 959
reimburse the agency for the costs of the transcription. An agency 960
may require the person to pay in advance all or part of the cost 961
of the transcription.962

       In any hearing under this section the agency may administer 963
oaths or affirmations.964

       (D)(E) After complying with divisions (A), (B), (C), and 965
(H)(D) of this section, and when the time for legislative review 966
and invalidation under division (I) of this sectionsections 967
106.02, 106.022, and 106.023 of the Revised Code has expired, the 968
agency may issue an order adopting the proposed rule or the 969
proposed amendment or rescission of the rule, consistent with the 970
synopsis or general statement included in the public notice. At 971
that time the agency shall designate the effective date of the 972
rule, amendment, or rescission, which shall not be earlier than 973
the tenth day after the rule, amendment, or rescission has been 974
filed in its final form as provided in section 119.04 of the 975
Revised Code.976

       (E)(F) Prior to the effective date of a rule, amendment, or 977
rescission, the agency shall make a reasonable effort to inform 978
those affected by the rule, amendment, or rescission and to have 979
available for distribution to those requesting it the full text of 980
the rule as adopted or as amended.981

       (F)(G) If the governor, upon the request of an agency, 982
determines that an emergency requires the immediate adoption, 983
amendment, or rescission of a rule, the governor shall issue an 984
order, the text of which shall be filed in electronic form with 985
the agency, the secretary of state, the director of the 986
legislative service commission, and the joint committee on agency 987
rule review, that the procedure prescribed by this section with 988
respect to the adoption, amendment, or rescission of a specified 989
rule is suspended. The agency may then adopt immediately the 990
emergency rule, amendment, or rescission and it becomes effective 991
on the date the rule, amendment, or rescission, in final form and 992
in compliance with division (A)(2) of section 119.04 of the 993
Revised Code, is filed in electronic form with the secretary of 994
state, the director of the legislative service commission, and the 995
joint committee on agency rule review. If all filings are not 996
completed on the same day, the emergency rule, amendment, or 997
rescission shall be effective on the day on which the latest 998
filing is completed. The director shall publish the full text of 999
the emergency rule, amendment, or rescission in the register of 1000
Ohio.1001

       The emergency rule, amendment, or rescission shall become 1002
invalid at the end of the ninetieth day it is in effect. Prior to 1003
that date the agency may adopt the emergency rule, amendment, or 1004
rescission as a nonemergency rule, amendment, or rescission by 1005
complying with the procedure prescribed by this section for the 1006
adoption, amendment, and rescission of nonemergency rules. The 1007
agency shall not use the procedure of this division to readopt the 1008
emergency rule, amendment, or rescission so that, upon the 1009
emergency rule, amendment, or rescission becoming invalid under 1010
this division, the emergency rule, amendment, or rescission will 1011
continue in effect without interruption for another ninety-day 1012
period, except when division (I)(2)(a) of this section 106.02 of 1013
the Revised Code prevents the agency from adopting the emergency 1014
rule, amendment, or rescission as a nonemergency rule, amendment, 1015
or rescission within the ninety-day period.1016

       This division does not apply to the adoption of any emergency 1017
rule, amendment, or rescission by the tax commissioner under 1018
division (C)(2) of section 5117.02 of the Revised Code.1019

       (G)(H) Rules adopted by an authority within the department of 1020
job and family services for the administration or enforcement of 1021
Chapter 4141. of the Revised Code or of the department of taxation 1022
shall be effective without a hearing as provided by this section 1023
if the statutes pertaining to such agency specifically give a 1024
right of appeal to the board of tax appeals or to a higher 1025
authority within the agency or to a court, and also give the 1026
appellant a right to a hearing on such appeal. This division does 1027
not apply to the adoption of any rule, amendment, or rescission by 1028
the tax commissioner under division (C)(1) or (2) of section 1029
5117.02 of the Revised Code, or deny the right to file an action 1030
for declaratory judgment as provided in Chapter 2721. of the 1031
Revised Code from the decision of the board of tax appeals or of 1032
the higher authority within such agency.1033

       (H) When any agency files a proposed rule, amendment, or 1034
rescission under division (B) of this section, it shall also file 1035
in electronic form with the joint committee on agency rule review 1036
the full text of the proposed rule, amendment, or rule to be 1037
rescinded in the same form and the public notice required under 1038
division (A) of this section. (If in compliance with this division 1039
an agency files more than one proposed rule, amendment, or 1040
rescission at the same time, and has given a public notice under 1041
division (A) of this section that applies to more than one of the 1042
proposed rules, amendments, or rescissions, the agency shall file 1043
only one notice with the joint committee for all of the proposed 1044
rules, amendments, or rescissions to which the notice applies.) If 1045
the agency makes a substantive revision in a proposed rule, 1046
amendment, or rescission after it is filed with the joint 1047
committee, the agency shall promptly file the full text of the 1048
proposed rule, amendment, or rescission in its revised form in 1049
electronic form with the joint committee. The latest version of a 1050
proposed rule, amendment, or rescission as filed with the joint 1051
committee supersedes each earlier version of the text of the same 1052
proposed rule, amendment, or rescission. An agency shall file the 1053
rule summary and fiscal analysis prepared under section 127.18 of 1054
the Revised Code in electronic form along with a proposed rule, 1055
amendment, or rescission, and along with a proposed rule, 1056
amendment, or rescission in revised form, that is filed under this 1057
division. If a proposed rule, amendment, or rescission has an 1058
adverse impact on businesses, the agency also shall file the 1059
business impact analysis, any recommendations received from the 1060
common sense initiative office, and the agency's memorandum of 1061
response, if any, in electronic form along with the proposed rule, 1062
amendment, or rescission, or along with the proposed rule, 1063
amendment, or rescission in revised form, that is filed under this 1064
division.1065

       This division does not apply to:1066

       (1) An emergency rule, amendment, or rescission;1067

       (2) Any proposed rule, amendment, or rescission that must be 1068
adopted verbatim by an agency pursuant to federal law or rule, to 1069
become effective within sixty days of adoption, in order to 1070
continue the operation of a federally reimbursed program in this 1071
state, so long as the proposed rule contains both of the 1072
following:1073

       (a) A statement that it is proposed for the purpose of 1074
complying with a federal law or rule;1075

       (b) A citation to the federal law or rule that requires 1076
verbatim compliance.1077

       If a rule or amendment is exempt from legislative review 1078
under division (H)(2) of this section, and if the federal law or 1079
rule pursuant to which the rule or amendment was adopted expires, 1080
is repealed or rescinded, or otherwise terminates, the rule or 1081
amendment, or its rescission, is thereafter subject to legislative 1082
review under division (H) of this section.1083

       (I)(1) The joint committee on agency rule review may 1084
recommend the adoption of a concurrent resolution invalidating a 1085
proposed rule, amendment, rescission, or part thereof if it finds 1086
any of the following:1087

       (a) That the rule-making agency has exceeded the scope of its 1088
statutory authority in proposing the rule, amendment, or 1089
rescission;1090

       (b) That the proposed rule, amendment, or rescission 1091
conflicts with another rule, amendment, or rescission adopted by 1092
the same or a different rule-making agency;1093

       (c) That the proposed rule, amendment, or rescission 1094
conflicts with the legislative intent in enacting the statute 1095
under which the rule-making agency proposed the rule, amendment, 1096
or rescission;1097

       (d) That the rule-making agency has failed to prepare a 1098
complete and accurate rule summary and fiscal analysis of the 1099
proposed rule, amendment, or rescission as required by section 1100
127.18 of the Revised Code;1101

       (e) That the proposed rule, amendment, or rescission 1102
incorporates a text or other material by reference and either the 1103
rule-making agency has failed to file the text or other material 1104
incorporated by reference as required by section 121.73 of the 1105
Revised Code or, in the case of a proposed rule or amendment, the 1106
incorporation by reference fails to meet the standards stated in 1107
section 121.72, 121.75, or 121.76 of the Revised Code;1108

       (f) That the rule-making agency has failed to demonstrate 1109
through the business impact analysis, recommendations from the 1110
common sense initiative office, and the memorandum of response the 1111
agency has filed under division (H) of this section that the 1112
regulatory intent of the proposed rule, amendment, or rescission 1113
justifies its adverse impact on businesses in this state.1114

       The joint committee shall not hold its public hearing on a 1115
proposed rule, amendment, or rescission earlier than the 1116
forty-first day after the original version of the proposed rule, 1117
amendment, or rescission was filed with the joint committee.1118

       The house of representatives and senate may adopt a 1119
concurrent resolution invalidating a proposed rule, amendment, 1120
rescission, or part thereof. The concurrent resolution shall state 1121
which of the specific rules, amendments, rescissions, or parts 1122
thereof are invalidated. A concurrent resolution invalidating a 1123
proposed rule, amendment, or rescission shall be adopted not later 1124
than the sixty-fifth day after the original version of the text of 1125
the proposed rule, amendment, or rescission is filed with the 1126
joint committee, except that if more than thirty-five days after 1127
the original version is filed the rule-making agency either files 1128
a revised version of the text of the proposed rule, amendment, or 1129
rescission, or revises the rule summary and fiscal analysis in 1130
accordance with division (I)(4) of this section, a concurrent 1131
resolution invalidating the proposed rule, amendment, or 1132
rescission shall be adopted not later than the thirtieth day after 1133
the revised version of the proposed rule or rule summary and 1134
fiscal analysis is filed. If, after the joint committee on agency 1135
rule review recommends the adoption of a concurrent resolution 1136
invalidating a proposed rule, amendment, rescission, or part 1137
thereof, the house of representatives or senate does not, within 1138
the time remaining for adoption of the concurrent resolution, hold 1139
five floor sessions at which its journal records a roll call vote 1140
disclosing a sufficient number of members in attendance to pass a 1141
bill, the time within which that house may adopt the concurrent 1142
resolution is extended until it has held five such floor sessions.1143

       Within five days after the adoption of a concurrent 1144
resolution invalidating a proposed rule, amendment, rescission, or 1145
part thereof, the clerk of the senate shall send the rule-making 1146
agency, the secretary of state, and the director of the 1147
legislative service commission in electronic form a certified text 1148
of the resolution together with a certification stating the date 1149
on which the resolution takes effect. The secretary of state and 1150
the director of the legislative service commission shall each note 1151
the invalidity of the proposed rule, amendment, rescission, or 1152
part thereof, and shall each remove the invalid proposed rule, 1153
amendment, rescission, or part thereof from the file of proposed 1154
rules. The rule-making agency shall not proceed to adopt in 1155
accordance with division (D) of this section, or to file in 1156
accordance with division (B)(1) of section 111.15 of the Revised 1157
Code, any version of a proposed rule, amendment, rescission, or 1158
part thereof that has been invalidated by concurrent resolution.1159

       Unless the house of representatives and senate adopt a 1160
concurrent resolution invalidating a proposed rule, amendment, 1161
rescission, or part thereof within the time specified by this 1162
division, the rule-making agency may proceed to adopt in 1163
accordance with division (D) of this section, or to file in 1164
accordance with division (B)(1) of section 111.15 of the Revised 1165
Code, the latest version of the proposed rule, amendment, or 1166
rescission as filed with the joint committee. If by concurrent 1167
resolution certain of the rules, amendments, rescissions, or parts 1168
thereof are specifically invalidated, the rule-making agency may 1169
proceed to adopt, in accordance with division (D) of this section, 1170
or to file in accordance with division (B)(1) of section 111.15 of 1171
the Revised Code, the latest version of the proposed rules, 1172
amendments, rescissions, or parts thereof as filed with the joint 1173
committee that are not specifically invalidated. The rule-making 1174
agency may not revise or amend any proposed rule, amendment, 1175
rescission, or part thereof that has not been invalidated except 1176
as provided in this chapter or in section 111.15 of the Revised 1177
Code.1178

       (2)(a) A proposed rule, amendment, or rescission that is 1179
filed with the joint committee under division (H) of this section 1180
or division (D) of section 111.15 of the Revised Code shall be 1181
carried over for legislative review to the next succeeding regular 1182
session of the general assembly if the original or any revised 1183
version of the proposed rule, amendment, or rescission is filed 1184
with the joint committee on or after the first day of December of 1185
any year.1186

       (b) The latest version of any proposed rule, amendment, or 1187
rescission that is subject to division (I)(2)(a) of this section, 1188
as filed with the joint committee, is subject to legislative 1189
review and invalidation in the next succeeding regular session of 1190
the general assembly in the same manner as if it were the original 1191
version of a proposed rule, amendment, or rescission that had been 1192
filed with the joint committee for the first time on the first day 1193
of the session. A rule-making agency shall not adopt in accordance 1194
with division (D) of this section, or file in accordance with 1195
division (B)(1) of section 111.15 of the Revised Code, any version 1196
of a proposed rule, amendment, or rescission that is subject to 1197
division (I)(2)(a) of this section until the time for legislative 1198
review and invalidation, as contemplated by division (I)(2)(b) of 1199
this section, has expired.1200

       (3) Invalidation of any version of a proposed rule, 1201
amendment, rescission, or part thereof by concurrent resolution 1202
shall prevent the rule-making agency from instituting or 1203
continuing proceedings to adopt any version of the same proposed 1204
rule, amendment, rescission, or part thereof for the duration of 1205
the general assembly that invalidated the proposed rule, 1206
amendment, rescission, or part thereof unless the same general 1207
assembly adopts a concurrent resolution permitting the rule-making 1208
agency to institute or continue such proceedings.1209

       The failure of the general assembly to invalidate a proposed 1210
rule, amendment, rescission, or part thereof under this section 1211
shall not be construed as a ratification of the lawfulness or 1212
reasonableness of the proposed rule, amendment, rescission, or any 1213
part thereof or of the validity of the procedure by which the 1214
proposed rule, amendment, rescission, or any part thereof was 1215
proposed or adopted.1216

       (4) In lieu of recommending a concurrent resolution to 1217
invalidate a proposed rule, amendment, rescission, or part thereof 1218
because the rule-making agency has failed to prepare a complete 1219
and accurate fiscal analysis, the joint committee on agency rule 1220
review may issue, on a one-time basis, for rules, amendments, 1221
rescissions, or parts thereof that have a fiscal effect on school 1222
districts, counties, townships, or municipal corporations, a 1223
finding that the rule summary and fiscal analysis is incomplete or 1224
inaccurate and order the rule-making agency to revise the rule 1225
summary and fiscal analysis and refile it with the proposed rule, 1226
amendment, rescission, or part thereof. If an emergency rule is 1227
filed as a nonemergency rule before the end of the ninetieth day 1228
of the emergency rule's effectiveness, and the joint committee 1229
issues a finding and orders the rule-making agency to refile under 1230
division (I)(4) of this section, the governor may also issue an 1231
order stating that the emergency rule shall remain in effect for 1232
an additional sixty days after the ninetieth day of the emergency 1233
rule's effectiveness. The governor's orders shall be filed in 1234
accordance with division (F) of this section. The joint committee 1235
shall send in electronic form to the rule-making agency, the 1236
secretary of state, and the director of the legislative service 1237
commission a certified text of the finding and order to revise the 1238
rule summary and fiscal analysis, which shall take immediate 1239
effect.1240

       An order issued under division (I)(4) of this section shall 1241
prevent the rule-making agency from instituting or continuing 1242
proceedings to adopt any version of the proposed rule, amendment, 1243
rescission, or part thereof until the rule-making agency revises 1244
the rule summary and fiscal analysis and refiles it in electronic 1245
form with the joint committee along with the proposed rule, 1246
amendment, rescission, or part thereof. If the joint committee 1247
finds the rule summary and fiscal analysis to be complete and 1248
accurate, the joint committee shall issue a new order noting that 1249
the rule-making agency has revised and refiled a complete and 1250
accurate rule summary and fiscal analysis. The joint committee 1251
shall send in electronic form to the rule-making agency, the 1252
secretary of state, and the director of the legislative service 1253
commission a certified text of this new order. The secretary of 1254
state and the director of the legislative service commission shall 1255
each link this order to the proposed rule, amendment, rescission, 1256
or part thereof. The rule-making agency may then proceed to adopt 1257
in accordance with division (D) of this section, or to file in 1258
accordance with division (B)(1) of section 111.15 of the Revised 1259
Code, the proposed rule, amendment, rescission, or part thereof 1260
that was subject to the finding and order under division (I)(4) of 1261
this section. If the joint committee determines that the revised 1262
rule summary and fiscal analysis is still inaccurate or 1263
incomplete, the joint committee shall recommend the adoption of a 1264
concurrent resolution in accordance with division (I)(1) of this 1265
section.1266

       Sec. 119.04.  (A)(1) Any rule adopted by any agency shall be 1267
effective on the tenth day after the day on which the rule in 1268
final form and in compliance with division (A)(2) of this section 1269
is filed as follows:1270

       (a) The rule shall be filed in electronic form with both the 1271
secretary of state and the director of the legislative service 1272
commission;1273

       (b) The rule shall be filed in electronic form with the joint 1274
committee on agency rule review. Division (A)(1)(b) of this 1275
section does not apply to any rule to which division (H)(C) of 1276
section 119.03 of the Revised Code does not apply.1277

       If all filings are not completed on the same day, the rule 1278
shall be effective on the tenth day after the day on which the 1279
latest filing is completed. If an agency in adopting a rule 1280
designates an effective date that is later than the effective date 1281
provided for by this division, the rule if filed as required by 1282
this division shall become effective on the later date designated 1283
by the agency.1284

       An agency that adopts or amends a rule that is subject to1285
division (H) of section 119.03106.03 of the Revised Code shall 1286
assign a review date to the rule that is not later than five years 1287
after its effective date. If no review date is assigned to a rule, 1288
or if a review date assigned to a rule exceeds the five-year 1289
maximum, the review date for the rule is five years after its 1290
effective date. A rule with a review date is subject to review 1291
under section 119.032106.03 of the Revised Code. This paragraph 1292
does not apply to the department of taxation.1293

       (2) The agency shall file the rule in compliance with the 1294
following standards and procedures:1295

       (a) The rule shall be numbered in accordance with the 1296
numbering system devised by the director for the Ohio 1297
administrative code.1298

       (b) The rule shall be prepared and submitted in compliance 1299
with the rules of the legislative service commission.1300

       (c) The rule shall clearly state the date on which it is to 1301
be effective and the date on which it will expire, if known.1302

       (d) Each rule that amends or rescinds another rule shall 1303
clearly refer to the rule that is amended or rescinded. Each 1304
amendment shall fully restate the rule as amended.1305

       If the director of the legislative service commission or the 1306
director's designee gives an agency notice pursuant to section 1307
103.05 of the Revised Code that a rule filed by the agency is not 1308
in compliance with the rules of the commission, the agency shall 1309
within thirty days after receipt of the notice conform the rule to 1310
the rules of the commission as directed in the notice.1311

       (3) As used in this section, "rule" includes an amendment or 1312
rescission of a rule.1313

       (B) The secretary of state and the director shall preserve 1314
the rules filed under division (A)(1)(a) of this section in an 1315
accessible manner. Each such rule shall be a public record open to 1316
public inspection and may be transmitted to any law publishing 1317
company that wishes to reproduce it.1318

       Any rule that has been adopted in compliance with section 1319
119.03 of the Revised Code and that is in effect before January 1, 1320
1977, may be divided into sections, numbered, provided with a 1321
subject heading, and filed with the secretary of state and the 1322
director to comply with the provisions of this section without 1323
carrying out the adoption procedure required by section 119.03 of 1324
the Revised Code. The codification of existing rules to comply 1325
with this section shall not constitute adoption, amendment, or 1326
rescission.1327

       Sec. 121.39.  (A) As used in this section, "environmental 1328
protection" means any of the following:1329

       (1) Protection of human health or safety, biological 1330
resources, or natural resources by preventing, reducing, or 1331
remediating the pollution or degradation of air, land, or water 1332
resources or by preventing or limiting the exposure of humans, 1333
animals, or plants to pollution;1334

       (2) Appropriation or regulation of privately owned property 1335
to preserve air, land, or water resources in a natural state or to 1336
wholly or partially restore them to a natural state;1337

       (3) Regulation of the collection, management, treatment, 1338
reduction, storage, or disposal of solid, hazardous, radioactive, 1339
or other wastes;1340

       (4) Plans or programs to promote or regulate the 1341
conservation, recycling, or reuse of energy, materials, or wastes.1342

       (B) Except as otherwise provided in division (E) of this 1343
section, when proposed legislation dealing with environmental 1344
protection or containing a component dealing with environmental 1345
protection is referred to a committee of the general assembly, 1346
other than a committee on rules or reference, the sponsor of the 1347
legislation, at the time of the first hearing of the legislation 1348
before the committee, shall submit to the members of the committee 1349
a written statement identifying either the documentation that is 1350
the basis of the legislation or the federal requirement or 1351
requirements with which the legislation is intended to comply. If 1352
the legislation is not based on documentation or has not been 1353
introduced to comply with a federal requirement or requirements, 1354
the written statement from the sponsor shall so indicate.1355

       Also at the time of the first hearing of the legislation 1356
before the committee, a statewide organization that represents 1357
businesses in this state and that elects its board of directors 1358
may submit to the members of the committee a written estimate of 1359
the costs to the regulated community in this state of complying 1360
with the legislation if it is enacted.1361

       At any hearing of the legislation before the committee, a 1362
representative of any state agency, environmental advocacy 1363
organization, or consumer advocacy organization or any private 1364
citizen may present documentation containing an estimate of the 1365
monetary and other costs to public health and safety and the 1366
environment and to consumers and residential utility customers, 1367
and the effects on property values, if the legislation is not 1368
enacted.1369

       (C) Until such time as the statement required under division 1370
(B) of this section is submitted to the committee to which 1371
proposed legislation dealing with environmental protection or 1372
containing a component dealing with environmental protection was 1373
referred, the legislation shall not be reported by that committee. 1374
This requirement does not apply if the component dealing with 1375
environmental protection is removed from the legislation or if 1376
two-thirds of the members of the committee vote in favor of a 1377
motion to report the proposed legislation.1378

       (D) Except as otherwise provided in division (E) of this 1379
section, prior to adopting a rule or an amendment proposed to a 1380
rule dealing with environmental protection or containing a 1381
component dealing with environmental protection, a state agency 1382
shall do all of the following:1383

       (1) Consult with organizations that represent political 1384
subdivisions, environmental interests, business interests, and 1385
other persons affected by the proposed rule or amendment;1386

       (2) Consider documentation relevant to the need for, the 1387
environmental benefits or consequences of, other benefits of, and 1388
the technological feasibility of the proposed rule or amendment;1389

       (3) Specifically identify whether the proposed rule or 1390
amendment is being adopted or amended to enable the state to 1391
obtain or maintain approval to administer and enforce a federal 1392
environmental law or to participate in a federal environmental 1393
program, whether the proposed rule or amendment is more stringent 1394
than its federal counterpart, and, if the proposed rule or 1395
amendment is more stringent, the rationale for not incorporating 1396
its federal counterpart;1397

       (4) Include with the proposed rule or amendment and the rule 1398
summary and fiscal analysis required under section 127.18 of the 1399
Revised Code, when they are filed with the joint committee on 1400
agency rule review in accordance with division (D) of section 1401
111.15 or division (H)(C) of section 119.03 of the Revised Code, 1402
one of the following in electronic form, as applicable:1403

       (a) The information identified under division (D)(3) of this 1404
section and, if the proposed rule or amendment is more stringent 1405
than its federal counterpart, as identified in that division, the 1406
documentation considered under division (D)(2) of this section;1407

       (b) If an amendment proposed to a rule is being adopted or 1408
amended under a state statute that establishes standards with 1409
which the amendment shall comply, and the proposed amendment is 1410
more stringent than the rule that it is proposing to amend, the 1411
documentation considered under division (D)(2) of this section;1412

       (c) If division (D)(4)(a) or (b) of this section is not 1413
applicable, the documentation considered under division (D)(2) of 1414
this section.1415

       If the agency subsequently files a revision of such a 1416
proposed rule or amendment in accordance with division (D) of 1417
section 111.15 or division (H)(C) of section 119.03 of the Revised 1418
Code, the revision shall be accompanied in electronic form by the 1419
applicable information or documentation.1420

       Division (D) of this section does not apply to any emergency 1421
rule adopted under division (B)(2) of section 111.15 or division 1422
(F)(G) of section 119.03 of the Revised Code, but does apply to 1423
any such rule that subsequently is adopted as a nonemergency rule 1424
under either of those divisions.1425

       The information or documentation submitted under division 1426
(D)(4) of this section may be in the form of a summary or index of 1427
available knowledge or information and shall consist of or be 1428
based upon the best available generally accepted knowledge or 1429
information in the appropriate fields, as determined by the agency 1430
that prepared the documentation.1431

       (E) The statement required under division (B) and the 1432
information or documentation required under division (D) of this 1433
section need not be prepared or submitted with regard to a 1434
proposed statute or rule, or an amendment to a rule, if the 1435
statute, rule, or amendment is procedural or budgetary in nature, 1436
or governs the organization or operation of a state agency, and 1437
will not affect the substantive rights or obligations of any 1438
person other than a state agency or an employee or contractor of a 1439
state agency.1440

       (F) The insufficiency, incompleteness, or inadequacy of a 1441
statement, information, documentation, or a summary of information 1442
or documentation provided in accordance with division (B) or (D) 1443
of this section shall not be grounds for invalidation of any 1444
statute, rule, or amendment to a rule.1445

       (G) This section applies only to the following:1446

       (1) Legislation and components of legislation dealing with 1447
environmental protection that are introduced in the general 1448
assembly after March 5, 1996;1449

       (2) Rules and rule amendments dealing with environmental 1450
protection that are filed with the joint committee on agency rule 1451
review in accordance with division (D) of section 111.15 or 1452
division (H)(C) of section 119.03 of the Revised Code after March 1453
5, 1996.1454

       Sec. 121.73.  As used in this section, "rule" has the same 1455
meaning as in section 121.71 of the Revised Code and also includes 1456
the rescission of an existing rule.1457

       (A) When an agency files the original or a revised version of 1458
a rule in proposed form under division (D) of section 111.15 or 1459
division (H)(C) of section 119.03, or a rule for review under 1460
section 119.032106.03 of the Revised Code, that incorporates a 1461
text or other material by reference, the agency also shall file in 1462
electronic form, one complete and accurate copy of the text or 1463
other material incorporated by reference with the joint committee 1464
on agency rule review. An agency is not, however, required to file 1465
a text or other material incorporated by reference with the joint 1466
committee if the agency revises a rule in proposed form that 1467
incorporates a text or other material by reference and the 1468
incorporation by reference in the revised version of the rule is 1469
identical to the incorporation by reference in the preceding 1470
version of the rule.1471

       If it is infeasible for the agency to file a text or other 1472
material incorporated by reference electronically, the agency, as 1473
soon as possible, but not later than three days after completing 1474
the electronic filing, shall deliver one complete and accurate 1475
copy of the text or other material incorporated by reference to 1476
the joint committee, and shall attach a memorandum to the text or 1477
other material identifying the filing to which it relates.1478

       An agency is not required to file a text or other material 1479
incorporated by reference into a rule that is proposed for 1480
rescission if it is infeasible for the agency to do so.1481

       An agency shall not file a copy of a text or other material 1482
incorporated by reference with the secretary of state or with the 1483
director of the legislative service commission.1484

       (B) Upon completing its review of a rule in proposed form, or 1485
its review of a rule, that incorporates a text or other material 1486
by reference, the joint committee shall forward its copy of the 1487
text or other material incorporated by reference to the director 1488
of the legislative service commission. The director shall maintain 1489
a file of texts and other materials that are or were incorporated 1490
by reference into rules.1491

       Sec. 121.74. As used in this section, "rule" has the same 1492
meaning as in section 121.71 of the Revised Code and also includes 1493
the rescission of an existing rule.1494

       When an agency files a rule in final form under division 1495
(B)(1) of section 111.15,or division (A)(1) of section 119.04, 1496
division (B)(1) of section 4141.14, or division (A) of section 1497
5703.14 of the Revised Code that incorporates or incorporated a 1498
text or other material by reference, the agency, prior to the 1499
effective date of the rule, shall either:1500

       (A) Deposit one complete and accurate copy of the text or 1501
other material incorporated by reference in each of the five 1502
depository libraries designated by the state library board; or1503

       (B) Display a complete and accurate copy of the text or other 1504
material incorporated by reference on a web site maintained or 1505
made available by the agency.1506

       An agency is not required to comply with this section if the 1507
text or other material incorporated by reference is identical to a 1508
text or other material the agency, at the time compliance with 1509
this section otherwise would be required, already is depositing or 1510
displaying under this section.1511

       Sec. 121.81. As used in sections 121.81 to 121.83 of the 1512
Revised Code:1513

       (A) "Agency" means a state agency that is required to file 1514
proposed rules for legislative review under division (D) of 1515
section 111.15 or division (H)(C) of section 119.03 of the Revised 1516
Code. "Agency" does not include the offices of governor, 1517
lieutenant governor, auditor of state, secretary of state, 1518
treasurer of state, or attorney general.1519

       (B) "Draft rule" means any newly proposed rule and any 1520
proposed amendment, adoption, or rescission of a rule prior to the 1521
filing of that rule for legislative review under division (D) of 1522
section 111.15 or division (H)(C) of section 119.03 of the Revised 1523
Code and includes a proposed amendment, adoption, or rescission of 1524
a rule in both its original and any revised form. "Draft rule" 1525
does not include an emergency rule adopted under division (B)(2) 1526
of section 111.15 or division (F)(G) of section 119.03 of the 1527
Revised Code, but does include a rule that is proposed to replace 1528
an emergency rule that expires under those divisions.1529

       Sections 121.81 to 121.83 and 121.91 of the Revised Code are 1530
complementary to sections 107.51 to 107.55 and 107.61 to 107.63 of 1531
the Revised Code.1532

       Sec. 121.82.  In the course of developing a draft rule that 1533
is intended to be proposed under division (D) of section 111.15 or 1534
division (H)(C) of section 119.03 of the Revised Code, an agency 1535
shall:1536

       (A) Evaluate the draft rule against the business impact 1537
analysis instrument. If, based on that evaluation, the draft rule 1538
will not have an adverse impact on businesses, the agency may 1539
proceed with the rule-filing process. If the evaluation determines 1540
that the draft rule will have an adverse impact on businesses, the 1541
agency shall incorporate features into the draft rule that will 1542
eliminate or adequately reduce any adverse impact the draft rule 1543
might have on businesses;1544

       (B) Prepare a business impact analysis that describes its 1545
evaluation of the draft rule against the business impact analysis 1546
instrument, that identifies any features that were incorporated 1547
into the draft rule as a result of the evaluation, and that 1548
explains how those features, if there were any, eliminate or 1549
adequately reduce any adverse impact the draft rule might have on 1550
businesses;1551

       (C) Transmit a copy of the full text of the draft rule and 1552
the business impact analysis electronically to the common sense 1553
initiative office, which information shall be made available to 1554
the public on the office's web site in accordance with section 1555
107.62 of the Revised Code;1556

       (D) Consider any recommendations made by the common sense 1557
initiative office with regard to the draft rule, and either 1558
incorporate into the draft rule features the recommendations 1559
suggest will eliminate or reduce any adverse impact the draft rule 1560
might have on businesses or document, in writing, the reasons 1561
those recommendations are not being incorporated into the draft 1562
rule; and1563

       (E) Prepare a memorandum of response identifying features 1564
suggested by any recommendations that were incorporated into the 1565
draft rule and features suggested by any recommendations that were 1566
not incorporated into the draft rule, explaining how the features 1567
that were incorporated into the draft rule eliminate or reduce any 1568
adverse impact the draft rule might have on businesses, and 1569
explaining why the features that were not incorporated into the 1570
draft rule were not incorporated.1571

       An agency may not file a proposed rule for legislative review 1572
under division (D) of section 111.15 or division (H)(C) of section 1573
119.03 of the Revised Code earlier than the sixteenth business day 1574
after electronically transmitting the draft rule to the common 1575
sense initiative office.1576

       Sec. 121.83.  (A) When an agency files a proposed rule for 1577
legislative review under division (D) of section 111.15 of the 1578
Revised Code or division (H) of section 119.03 of the Revised 1579
Code, the agency electronically shall file one copy of the 1580
business impact analysis, any recommendations received from the 1581
common sense initiative office, and the agency's memorandum of 1582
response, if any, along with the proposed rule.1583

       (B)(1) The joint committee on agency rule review does not 1584
have jurisdiction to review, and shall reject, the filing of a 1585
proposed rule if, at any time while the proposed rule is in its 1586
possession, it discovers that the proposed rule might have an 1587
adverse impact on businesses and the agency has not included with 1588
the filing a business impact analysis or has included a business 1589
impact analysis that is inadequately prepared. The joint committee 1590
electronically shall return a filing that is rejected to the 1591
agency. Such a rejection does not preclude the agency from 1592
refiling the proposed rule after complying with section 121.82 of 1593
the Revised Code. When a filing is rejected under this division, 1594
it is as if the filing had not been made.1595

       (2) If the last previously filed version of a proposed rule, 1596
the filing of a later version of which has been rejected by the 1597
joint committee, remains in the possession of the joint committee, 1598
and if the time for legislative review of that previously filed 1599
version has expired, or if fewer than thirty days remain before 1600
the time for legislative review of that previously filed version 1601
expires, then the time for legislative review of that previously 1602
filed version is revived or extended, and recommendation of a bill 1603
to invalidate that previously filed version may be adopted not 1604
later than the sixty-fifth day after the day on which the filing 1605
of the later version of the proposed rule was rejected. This 1606
deadline is subject to extension under section 106.02 of the 1607
Revised Code.1608

       Sec. 127.18.  (A) As used in this section:1609

       (1) "Rule-making agencyAgency" has the same meaning as1610
defined in division (I) of section 119.01106.01 of the Revised 1611
Code.1612

       (2) "Rule" includes the adoption, amendment, or rescission of 1613
a rule.1614

       (3) "Proposed rule" means the original version of a proposed 1615
rule, and each revised version of the same proposed rule, that is 1616
filed with the joint committee on agency rule review under 1617
division (D) of section 111.15 or division (H)(C) of section 1618
119.03 of the Revised Code.1619

       (B) A rule-makingAn agency shall prepare, in the form 1620
prescribed by the joint committee on agency rule review under 1621
division (E) of this section, a complete and accurate rule summary 1622
and fiscal analysis of each proposed rule that it files under 1623
division (D) of section 111.15 or division (H)(C) of section 1624
119.03 of the Revised Code. The rule summary and fiscal analysis 1625
shall include all of the following information:1626

       (1) The name, address, and telephone number, and electronic 1627
mail address of the rule-making agency, and the name and,1628
telephone number, and electronic mail address of an individual or 1629
office within the agency designated by that agency to be 1630
responsible for coordinating and making available information in 1631
the possession of the agency regarding the proposed rule;1632

       (2) The Ohio Administrative Code rule number of the proposed 1633
rule;1634

       (3) A brief summary of, and the legal basis for, the proposed 1635
rule, including citations identifying the statute that prescribes 1636
the procedure in accordance with which the rule-making agency is 1637
required to adopt the proposed rule, the statute that authorizes 1638
the agency to adopt the proposed rule, and the statute that the 1639
agency intends to amplify or implement by adopting the proposed 1640
rule;1641

       (4) An estimate, in dollars, of the amount by which the 1642
proposed rule would increase or decrease revenues or expenditures 1643
during the current biennium;1644

       (5) A citation identifying the appropriation that authorizes 1645
each expenditure that would be necessitated by the proposed rule;1646

       (6) A summary of the estimated cost of compliance with the 1647
rule to all directly affected persons;1648

       (7) The reasons why the rule is being proposed;1649

       (8) If the rule has a fiscal effect on school districts, 1650
counties, townships, or municipal corporations, an estimate in 1651
dollars of the cost of compliance with the rule, or, if dollar 1652
amounts cannot be determined, a written explanation of why it was 1653
not possible to ascertain dollar amounts;1654

       (9) If the rule has a fiscal effect on school districts, 1655
counties, townships, or municipal corporations and is the result 1656
of a federal requirement, a clear explanation that the proposed 1657
state rule does not exceed the scope and intent of the 1658
requirement, or, if the state rule does exceed the minimum 1659
necessary federal requirement, a justification of the excess cost, 1660
and an estimate of the costs, including those costs for local 1661
governments, exceeding the federal requirement;1662

       (10) If the rule has a fiscal effect on school districts, 1663
counties, townships, or municipal corporations, a comprehensive 1664
cost estimate that includes the procedure and method of 1665
calculating the costs of compliance and identifies major cost 1666
categories including personnel costs, new equipment or other 1667
capital costs, operating costs, and indirect central service costs 1668
related to the rule. The fiscal analysis shall also include a 1669
written explanation of the agency's and the affected local 1670
government's ability to pay for the new requirements and a 1671
statement of any impact the rule will have on economic 1672
development.1673

       (11) If the rule incorporates a text or other material by 1674
reference, and the agency claims the incorporation by reference is 1675
exempt from compliance with sections 121.71 to 121.74 of the 1676
Revised Code because the text or other material is generally 1677
available to persons who reasonably can be expected to be affected 1678
by the rule, an explanation of how the text or other material is 1679
generally available to those persons;1680

       (12) If the rule incorporates a text or other material by 1681
reference, and it was infeasible for the agency to file the text 1682
or other material electronically, an explanation of why filing the 1683
text or other material electronically was infeasible;1684

       (13) If the rule is being rescinded and incorporates a text 1685
or other material by reference, and it was infeasible for the 1686
agency to file the text or other material, an explanation of why 1687
filing the text or other material was infeasible;1688

       (14) Any other information the joint committee on agency rule 1689
review considers necessary to make the proposed rule or the fiscal 1690
effect of the proposed rule fully understandable.1691

       (C) The rule-making agency shall file the rule summary and 1692
fiscal analysis in electronic form along with the proposed rule 1693
that it files under divisionsdivision (D) and (E) of section 1694
111.15 or divisions (B) and (H)(C) of section 119.03 of the 1695
Revised Code. The joint committee on agency rule review shall not 1696
accept any proposed rule for filing unless a copy of the rule 1697
summary and fiscal analysis of the proposed rule, completely and 1698
accurately prepared, is filed along with the proposed rule.1699

       (D) The joint committee on agency rule review shall review 1700
the fiscal effect of each proposed rule that is filed under 1701
division (D) of section 111.15 or division (H)(C) of section 1702
119.03 of the Revised Code.1703

       (E) The joint committee on agency rule review shall prescribe 1704
the form in which each rule-making agency shall prepare its rule 1705
summary and fiscal analysis of a proposed rule.1706

       (F) This section does not require the auditor of state or the 1707
auditor of state's designee to prepare or attach a rule summary 1708
and fiscal analysis to any copy of a rule proposed under section 1709
117.12, 117.19, 117.38, or 117.43 of the Revised Code.1710

       Sec. 1531.08.  In conformity with Section 36 of Article II, 1711
Ohio Constitution, providing for the passage of laws for the 1712
conservation of the natural resources of the state, including 1713
streams, lakes, submerged lands, and swamplands, and in conformity 1714
with this chapter and Chapter 1533. of the Revised Code, the chief 1715
of the division of wildlife has authority and control in all 1716
matters pertaining to the protection, preservation, propagation, 1717
possession, and management of wild animals and may adopt rules 1718
under section 1531.10 of the Revised Code for the management of 1719
wild animals. Notwithstanding division (B) of section 119.03 of 1720
the Revised Code, such rules in proposed form shall be filed under 1721
this section. Each year there shall be a public fish hearing and 1722
public game hearing. The results of the investigation and public 1723
hearing shall be filed in the office of the chief and shall be 1724
kept open for public inspection during all regular office hours. 1725
Modifying or rescinding such rules does not require a public 1726
hearing.1727

       The chief may adopt, amend, rescind, and enforce rules 1728
throughout the state or in any part or waters thereof as provided 1729
by sections 1531.08 to 1531.12 and other sections of the Revised 1730
Code. The rules shall be filed in proposed form and available at 1731
the central wildlife office and at each of the wildlife district 1732
offices, including the Lake Erie unit located at Sandusky, at 1733
least thirty days prior to the date of the hearing required by 1734
division (C)(D) of section 119.03 of the Revised Code. The rules 1735
shall be based upon a public hearing and investigation of the best 1736
available biological information derived from professionally 1737
accepted practices in wildlife and fisheries management.1738

       Each rule adopted under this section shall clearly and 1739
distinctly describe and set forth the waters or area or part 1740
thereof affected by the rule and whether the rule is applicable to 1741
all wild animals or only to certain kinds of species designated 1742
therein.1743

       The chief may regulate any of the following:1744

       (A) Taking and possessing wild animals, at any time and place 1745
or in any number, quantity, or length, and in any manner, and with 1746
such devices as hethe chief prescribes;1747

       (B) Transportation of such animals or any part thereof;1748

       (C) Buying, selling, offering for sale, or exposing for sale 1749
any such animal or part thereof;1750

       (D) Taking, possessing, transporting, buying, selling, 1751
offering for sale, and exposing for sale commercial fish or any 1752
part thereof, including species taken, length, weight, method of 1753
taking, mesh sizes, specifications of nets and other fishing 1754
devices, seasons, and time and place of taking.1755

       When the chief increases the size of a fish named in section 1756
1533.63 of the Revised Code, any fish that were legally taken, 1757
caught, or possessed prior to the increase may be possessed after 1758
the increase if the possession of the fish has been reported to 1759
the chief prior to the increase, but on or after the date of the 1760
increase the fish may not be sold to a buyer in this state.1761

       Sec. 3319.22.  (A)(1) The state board of education shall 1762
issue the following educator licenses:1763

       (a) A resident educator license, which shall be valid for 1764
four years, except that the state board, on a case-by-case basis, 1765
may extend the license's duration as necessary to enable the 1766
license holder to complete the Ohio teacher residency program 1767
established under section 3319.223 of the Revised Code;1768

       (b) A professional educator license, which shall be valid for 1769
five years and shall be renewable;1770

       (c) A senior professional educator license, which shall be 1771
valid for five years and shall be renewable;1772

       (d) A lead professional educator license, which shall be 1773
valid for five years and shall be renewable.1774

       (2) The state board may issue any additional educator 1775
licenses of categories, types, and levels the board elects to 1776
provide. 1777

       (3) The state board shall adopt rules establishing the 1778
standards and requirements for obtaining each educator license 1779
issued under this section.1780

       (B) The rules adopted under this section shall require at 1781
least the following standards and qualifications for the educator 1782
licenses described in division (A)(1) of this section:1783

       (1) An applicant for a resident educator license shall hold 1784
at least a bachelor's degree from an accredited teacher 1785
preparation program or be a participant in the teach for America 1786
program and meet the qualifications required under section 1787
3319.227 of the Revised Code.1788

       (2) An applicant for a professional educator license shall:1789

       (a) Hold at least a bachelor's degree from an institution of 1790
higher education accredited by a regional accrediting 1791
organization;1792

       (b) Have successfully completed the Ohio teacher residency 1793
program established under section 3319.223 of the Revised Code, if 1794
the applicant's current or most recently issued license is a 1795
resident educator license issued under this section or an 1796
alternative resident educator license issued under section 3319.26 1797
of the Revised Code.1798

       (3) An applicant for a senior professional educator license 1799
shall:1800

       (a) Hold at least a master's degree from an institution of 1801
higher education accredited by a regional accrediting 1802
organization;1803

       (b) Have previously held a professional educator license 1804
issued under this section or section 3319.222 or under former 1805
section 3319.22 of the Revised Code;1806

       (c) Meet the criteria for the accomplished or distinguished 1807
level of performance, as described in the standards for teachers 1808
adopted by the state board under section 3319.61 of the Revised 1809
Code.1810

       (4) An applicant for a lead professional educator license 1811
shall:1812

       (a) Hold at least a master's degree from an institution of 1813
higher education accredited by a regional accrediting 1814
organization;1815

       (b) Have previously held a professional educator license or a 1816
senior professional educator license issued under this section or 1817
a professional educator license issued under section 3319.222 or 1818
former section 3319.22 of the Revised Code;1819

       (c) Meet the criteria for the distinguished level of 1820
performance, as described in the standards for teachers adopted by 1821
the state board under section 3319.61 of the Revised Code;1822

       (d) Either hold a valid certificate issued by the national 1823
board for professional teaching standards or meet the criteria for 1824
a master teacher or other criteria for a lead teacher adopted by 1825
the educator standards board under division (F)(4) or (5) of 1826
section 3319.61 of the Revised Code.1827

       (C) The state board shall align the standards and 1828
qualifications for obtaining a principal license with the 1829
standards for principals adopted by the state board under section 1830
3319.61 of the Revised Code. 1831

       (D) If the state board requires any examinations for educator 1832
licensure, the department of education shall provide the results 1833
of such examinations received by the department to the chancellor 1834
of the Ohio board of regents, in the manner and to the extent 1835
permitted by state and federal law.1836

       (E) Any rules the state board of education adopts, amends, or 1837
rescinds for educator licenses under this section, division (D) of 1838
section 3301.07 of the Revised Code, or any other law shall be 1839
adopted, amended, or rescinded under Chapter 119. of the Revised 1840
Code except as follows:1841

       (1) Notwithstanding division (D)(E) of section 119.03 and 1842
division (A)(1) of section 119.04 of the Revised Code, in the case 1843
of the adoption of any rule or the amendment or rescission of any 1844
rule that necessitates institutions' offering preparation programs 1845
for educators and other school personnel that are approved by the 1846
chancellor of the Ohio board of regents under section 3333.048 of 1847
the Revised Code to revise the curriculum of those programs, the 1848
effective date shall not be as prescribed in division (D)(E) of 1849
section 119.03 and division (A)(1) of section 119.04 of the 1850
Revised Code. Instead, the effective date of such rules, or the 1851
amendment or rescission of such rules, shall be the date 1852
prescribed by section 3333.048 of the Revised Code.1853

       (2) Notwithstanding the authority to adopt, amend, or rescind 1854
emergency rules in division (F)(G) of section 119.03 of the 1855
Revised Code, this authority shall not apply to the state board of 1856
education with regard to rules for educator licenses.1857

       (F)(1) The rules adopted under this section establishing 1858
standards requiring additional coursework for the renewal of any 1859
educator license shall require a school district and a chartered 1860
nonpublic school to establish local professional development 1861
committees. In a nonpublic school, the chief administrative 1862
officer shall establish the committees in any manner acceptable to 1863
such officer. The committees established under this division shall 1864
determine whether coursework that a district or chartered 1865
nonpublic school teacher proposes to complete meets the 1866
requirement of the rules. The department of education shall 1867
provide technical assistance and support to committees as the 1868
committees incorporate the professional development standards 1869
adopted by the state board of education pursuant to section 1870
3319.61 of the Revised Code into their review of coursework that 1871
is appropriate for license renewal. The rules shall establish a 1872
procedure by which a teacher may appeal the decision of a local 1873
professional development committee.1874

       (2) In any school district in which there is no exclusive 1875
representative established under Chapter 4117. of the Revised 1876
Code, the professional development committees shall be established 1877
as described in division (F)(2) of this section.1878

       Not later than the effective date of the rules adopted under 1879
this section, the board of education of each school district shall 1880
establish the structure for one or more local professional 1881
development committees to be operated by such school district. The 1882
committee structure so established by a district board shall 1883
remain in effect unless within thirty days prior to an anniversary 1884
of the date upon which the current committee structure was 1885
established, the board provides notice to all affected district 1886
employees that the committee structure is to be modified. 1887
Professional development committees may have a district-level or 1888
building-level scope of operations, and may be established with 1889
regard to particular grade or age levels for which an educator 1890
license is designated.1891

       Each professional development committee shall consist of at 1892
least three classroom teachers employed by the district, one 1893
principal employed by the district, and one other employee of the 1894
district appointed by the district superintendent. For committees 1895
with a building-level scope, the teacher and principal members 1896
shall be assigned to that building, and the teacher members shall 1897
be elected by majority vote of the classroom teachers assigned to 1898
that building. For committees with a district-level scope, the 1899
teacher members shall be elected by majority vote of the classroom 1900
teachers of the district, and the principal member shall be 1901
elected by a majority vote of the principals of the district, 1902
unless there are two or fewer principals employed by the district, 1903
in which case the one or two principals employed shall serve on 1904
the committee. If a committee has a particular grade or age level 1905
scope, the teacher members shall be licensed to teach such grade 1906
or age levels, and shall be elected by majority vote of the 1907
classroom teachers holding such a license and the principal shall 1908
be elected by all principals serving in buildings where any such 1909
teachers serve. The district superintendent shall appoint a 1910
replacement to fill any vacancy that occurs on a professional 1911
development committee, except in the case of vacancies among the 1912
elected classroom teacher members, which shall be filled by vote 1913
of the remaining members of the committee so selected.1914

       Terms of office on professional development committees shall 1915
be prescribed by the district board establishing the committees. 1916
The conduct of elections for members of professional development 1917
committees shall be prescribed by the district board establishing 1918
the committees. A professional development committee may include 1919
additional members, except that the majority of members on each 1920
such committee shall be classroom teachers employed by the 1921
district. Any member appointed to fill a vacancy occurring prior 1922
to the expiration date of the term for which a predecessor was 1923
appointed shall hold office as a member for the remainder of that 1924
term.1925

       The initial meeting of any professional development 1926
committee, upon election and appointment of all committee members, 1927
shall be called by a member designated by the district 1928
superintendent. At this initial meeting, the committee shall 1929
select a chairperson and such other officers the committee deems 1930
necessary, and shall adopt rules for the conduct of its meetings. 1931
Thereafter, the committee shall meet at the call of the 1932
chairperson or upon the filing of a petition with the district 1933
superintendent signed by a majority of the committee members 1934
calling for the committee to meet.1935

       (3) In the case of a school district in which an exclusive 1936
representative has been established pursuant to Chapter 4117. of 1937
the Revised Code, professional development committees shall be 1938
established in accordance with any collective bargaining agreement 1939
in effect in the district that includes provisions for such 1940
committees.1941

       If the collective bargaining agreement does not specify a 1942
different method for the selection of teacher members of the 1943
committees, the exclusive representative of the district's 1944
teachers shall select the teacher members.1945

       If the collective bargaining agreement does not specify a 1946
different structure for the committees, the board of education of 1947
the school district shall establish the structure, including the 1948
number of committees and the number of teacher and administrative 1949
members on each committee; the specific administrative members to 1950
be part of each committee; whether the scope of the committees 1951
will be district levels, building levels, or by type of grade or 1952
age levels for which educator licenses are designated; the lengths 1953
of terms for members; the manner of filling vacancies on the 1954
committees; and the frequency and time and place of meetings. 1955
However, in all cases, except as provided in division (F)(4) of 1956
this section, there shall be a majority of teacher members of any 1957
professional development committee, there shall be at least five 1958
total members of any professional development committee, and the 1959
exclusive representative shall designate replacement members in 1960
the case of vacancies among teacher members, unless the collective 1961
bargaining agreement specifies a different method of selecting 1962
such replacements.1963

       (4) Whenever an administrator's coursework plan is being 1964
discussed or voted upon, the local professional development 1965
committee shall, at the request of one of its administrative 1966
members, cause a majority of the committee to consist of 1967
administrative members by reducing the number of teacher members 1968
voting on the plan.1969

       (G)(1) The department of education, educational service 1970
centers, county boards of developmental disabilities, regional 1971
professional development centers, special education regional 1972
resource centers, college and university departments of education, 1973
head start programs, the eTech Ohio commission, and the Ohio 1974
education computer network may establish local professional 1975
development committees to determine whether the coursework 1976
proposed by their employees who are licensed or certificated under 1977
this section or section 3319.222 of the Revised Code, or under the 1978
former version of either section as it existed prior to October 1979
16, 2009, meet the requirements of the rules adopted under this 1980
section. They may establish local professional development 1981
committees on their own or in collaboration with a school district 1982
or other agency having authority to establish them.1983

       Local professional development committees established by 1984
county boards of developmental disabilities shall be structured in 1985
a manner comparable to the structures prescribed for school 1986
districts in divisions (F)(2) and (3) of this section, as shall 1987
the committees established by any other entity specified in 1988
division (G)(1) of this section that provides educational services 1989
by employing or contracting for services of classroom teachers 1990
licensed or certificated under this section or section 3319.222 of 1991
the Revised Code, or under the former version of either section as 1992
it existed prior to October 16, 2009. All other entities specified 1993
in division (G)(1) of this section shall structure their 1994
committees in accordance with guidelines which shall be issued by 1995
the state board.1996

       (2) Any public agency that is not specified in division 1997
(G)(1) of this section but provides educational services and 1998
employs or contracts for services of classroom teachers licensed 1999
or certificated under this section or section 3319.222 of the 2000
Revised Code, or under the former version of either section as it 2001
existed prior to October 16, 2009, may establish a local 2002
professional development committee, subject to the approval of the 2003
department of education. The committee shall be structured in 2004
accordance with guidelines issued by the state board.2005

       Sec. 3319.221.  (A) The state board of education shall adopt 2006
rules establishing the standards and requirements for obtaining a 2007
school nurse license and a school nurse wellness coordinator 2008
license. At a minimum, the rules shall require that an applicant 2009
for a school nurse license be licensed as a registered nurse under 2010
Chapter 4723. of the Revised Code.2011

       (B) If the state board requires any examinations for 2012
licensure under this section, the department of education shall 2013
provide the examination results received by the department to the 2014
chancellor of the Ohio board of regents, in the manner and to the 2015
extent permitted by state and federal law.2016

       (C) Any rules for licenses described in this section that the 2017
state board adopts, amends, or rescinds under this section, 2018
division (D) of section 3301.07 of the Revised Code, or any other 2019
law shall be adopted, amended, or rescinded under Chapter 119. of 2020
the Revised Code, except that the authority to adopt, amend, or 2021
rescind emergency rules under division (F)(G) of section 119.03 of 2022
the Revised Code shall not apply to the state board with respect 2023
to rules for licenses described in this section.2024

       (D) Any registered nurse employed by a school district in the 2025
capacity of school nurse on January 1, 1973, or any registered 2026
nurse employed by a city or general health district on January 1, 2027
1973, to serve full-time in the capacity of school nurse in one or 2028
more school districts, shall be considered to have fulfilled the 2029
requirements for the issuance of a school nurse license under this 2030
section.2031

       Sec. 3333.021.  As used in this section, "university" means 2032
any college or university that receives a state appropriation.2033

       (A) This division does not apply to proposed rules, 2034
amendments, or rescissions subject to legislative review under 2035
division (I) of section 119.03106.02 of the Revised Code. No 2036
action taken by the chancellor of the Ohio board of regents that 2037
could reasonably be expected to have an effect on the revenue or 2038
expenditures of any university shall take effect unless at least 2039
two weeks prior to the date on which the action is taken, the 2040
chancellor has filed with the speaker of the house of 2041
representatives, the president of the senate, the legislative 2042
budget office of the legislative service commission, and the 2043
director of budget and management a fiscal analysis of the 2044
proposed action. The analysis shall include an estimate of the 2045
amount by which, during the current and ensuing fiscal biennium, 2046
the action would increase or decrease the university's revenues or 2047
expenditures and increase or decrease any state expenditures and 2048
any other information the chancellor considers necessary to 2049
explain the action's fiscal effect.2050

       (B) Within three days of the date the chancellor files with 2051
the clerk of the senate a proposed rule, amendment, or rescission 2052
that is subject to legislative review and invalidation under2053
division (I) of section 119.03106.02 of the Revised Code, the 2054
chancellor shall file with the speaker of the house of 2055
representatives, the president of the senate, the legislative 2056
budget office of the legislative service commission, and the 2057
director of budget and management a fiscal analysis of the 2058
proposed rule. The analysis shall include an estimate of the 2059
amount by which, during the current and ensuing fiscal biennium, 2060
the action would increase or decrease any university's revenues or 2061
expenditures and increase or decrease state revenues or 2062
expenditures and any other information the chancellor considers 2063
necessary to explain the fiscal effect of the rule, amendment, or 2064
rescission. No rule, amendment, or rescission shall take effect 2065
unless the chancellor has complied with this division.2066

       Sec. 3333.048.  (A) Not later than one year after the 2067
effective date of this sectionOctober 16, 2009, the chancellor of 2068
the Ohio board of regents and the superintendent of public 2069
instruction jointly shall do the following:2070

       (1) In accordance with Chapter 119. of the Revised Code, 2071
establish metrics and educator preparation programs for the 2072
preparation of educators and other school personnel and the 2073
institutions of higher education that are engaged in their 2074
preparation. The metrics and educator preparation programs shall 2075
be aligned with the standards and qualifications for educator 2076
licenses adopted by the state board of education under section 2077
3319.22 of the Revised Code and the requirements of the Ohio 2078
teacher residency program established under section 3319.223 of 2079
the Revised Code. The metrics and educator preparation programs 2080
also shall ensure that educators and other school personnel are 2081
adequately prepared to use the value-added progress dimension 2082
prescribed by section 3302.021 of the Revised Code.2083

       (2) Provide for the inspection of institutions of higher 2084
education desiring to prepare educators and other school 2085
personnel.2086

       (B) Not later than one year after the effective date of this 2087
sectionOctober 16, 2009, the chancellor shall approve 2088
institutions of higher education engaged in the preparation of 2089
educators and other school personnel that maintain satisfactory 2090
training procedures and records of performance, as determined by 2091
the chancellor.2092

       (C) If the metrics established under division (A)(1) of this 2093
section require an institution of higher education that prepares 2094
teachers to satisfy the standards of an independent accreditation 2095
organization, the chancellor shall permit each institution to 2096
satisfy the standards of either the national council for 2097
accreditation of teacher education or the teacher education 2098
accreditation council.2099

       (D) The metrics and educator preparation programs established 2100
under division (A)(1) of this section may require an institution 2101
of higher education, as a condition of approval by the chancellor, 2102
to make changes in the curricula of its preparation programs for 2103
educators and other school personnel.2104

       Notwithstanding division (D)(E) of section 119.03 and 2105
division (A)(1) of section 119.04 of the Revised Code, any 2106
metrics, educator preparation programs, rules, and regulations, or 2107
any amendment or rescission of such metrics, educator preparation 2108
programs, rules, and regulations, adopted under this section that 2109
necessitate institutions offering preparation programs for 2110
educators and other school personnel approved by the chancellor to 2111
revise the curricula of those programs shall not be effective for 2112
at least one year after the first day of January next succeeding 2113
the publication of the said change.2114

       Each institution shall allocate money from its existing 2115
appropriations to pay the cost of making the curricular changes.2116

       (E) The chancellor shall notify the state board of the 2117
metrics and educator preparation programs established under 2118
division (A)(1) of this section and the institutions of higher 2119
education approved under division (B) of this section. The state 2120
board shall publish the metrics, educator preparation programs, 2121
and approved institutions with the standards and qualifications 2122
for each type of educator license.2123

       (F) The graduates of institutions of higher education 2124
approved by the chancellor shall be licensed by the state board in 2125
accordance with the standards and qualifications adopted under 2126
section 3319.22 of the Revised Code.2127

       Sec. 3737.88.  (A)(1) The fire marshal shall have 2128
responsibility for implementation of the underground storage tank 2129
program and corrective action program for releases of petroleum 2130
from underground storage tanks established by the "Resource 2131
Conservation and Recovery Act of 1976," 90 Stat. 2795, 42 U.S.C.A. 2132
6901, as amended. To implement the programs, the fire marshal may 2133
adopt, amend, and rescind such rules, conduct such inspections, 2134
require annual registration of underground storage tanks, issue 2135
such citations and orders to enforce those rules, enter into 2136
environmental covenants in accordance with sections 5301.80 to 2137
5301.92 of the Revised Code, and perform such other duties, as are 2138
consistent with those programs. The fire marshal, by rule, may 2139
delegate the authority to conduct inspections of underground 2140
storage tanks to certified fire safety inspectors.2141

       (2) In the place of any rules regarding release containment 2142
and release detection for underground storage tanks adopted under 2143
division (A)(1) of this section, the fire marshal, by rule, shall 2144
designate areas as being sensitive for the protection of human 2145
health and the environment and adopt alternative rules regarding 2146
release containment and release detection methods for new and 2147
upgraded underground storage tank systems located in those areas. 2148
In designating such areas, the fire marshal shall take into 2149
consideration such factors as soil conditions, hydrogeology, water 2150
use, and the location of public and private water supplies. Not 2151
later than July 11, 1990, the fire marshal shall file the rules 2152
required under this division with the secretary of state, director 2153
of the legislative service commission, and joint committee on 2154
agency rule review in accordance with divisions (B) and (H)(C) of 2155
section 119.03 of the Revised Code.2156

       (3) Notwithstanding sections 3737.87 to 3737.89 of the 2157
Revised Code, a person who is not a responsible person may conduct 2158
a voluntary action in accordance with Chapter 3746. of the Revised 2159
Code and rules adopted under it for a class C release. The 2160
director of environmental protection, pursuant to section 3746.12 2161
of the Revised Code, may issue a covenant not to sue to any person 2162
who properly completes a voluntary action with respect to a class 2163
C release in accordance with Chapter 3746. of the Revised Code and 2164
rules adopted under it.2165

       (B) Before adopting any rule under this section or section 2166
3737.881 or 3737.882 of the Revised Code, the fire marshal shall 2167
file written notice of the proposed rule with the chairperson of 2168
the state fire council, and, within sixty days after notice is 2169
filed, the council may file responses to or comments on and may 2170
recommend alternative or supplementary rules to the fire marshal. 2171
At the end of the sixty-day period or upon the filing of 2172
responses, comments, or recommendations by the council, the fire 2173
marshal may adopt the rule filed with the council or any 2174
alternative or supplementary rule recommended by the council.2175

       (C) The state fire council may recommend courses of action to 2176
be taken by the fire marshal in carrying out the fire marshal's 2177
duties under this section. The council shall file its 2178
recommendations in the office of the fire marshal, and, within 2179
sixty days after the recommendations are filed, the fire marshal 2180
shall file with the chairperson of the council comments on, and 2181
proposed action in response to, the recommendations.2182

       (D) For the purpose of sections 3737.87 to 3737.89 of the 2183
Revised Code, the fire marshal shall adopt, and may amend and 2184
rescind, rules identifying or listing hazardous substances. The 2185
rules shall be consistent with and equivalent in scope, coverage, 2186
and content to regulations identifying or listing hazardous 2187
substances adopted under the "Comprehensive Environmental 2188
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779, 2189
42 U.S.C.A. 9602, as amended, except that the fire marshal shall 2190
not identify or list as a hazardous substance any hazardous waste 2191
identified or listed in rules adopted under division (A) of 2192
section 3734.12 of the Revised Code.2193

       (E) Except as provided in division (A)(3) of this section, 2194
the fire marshal shall have exclusive jurisdiction to regulate the 2195
storage, treatment, and disposal of petroleum contaminated soil 2196
generated from corrective actions undertaken in response to 2197
releases of petroleum from underground storage tank systems. The 2198
fire marshal may adopt, amend, or rescind such rules as the fire 2199
marshal considers to be necessary or appropriate to regulate the 2200
storage, treatment, or disposal of petroleum contaminated soil so 2201
generated.2202

       (F) The fire marshal shall adopt, amend, and rescind rules 2203
under sections 3737.88 to 3737.882 of the Revised Code in 2204
accordance with Chapter 119. of the Revised Code.2205

       Sec. 3746.04.  Within one year after September 28, 1994, the 2206
director of environmental protection, in accordance with Chapter 2207
119. of the Revised Code and with the advice of the 2208
multidisciplinary council appointed under section 3746.03 of the 2209
Revised Code, shall adopt, and subsequently may amend, suspend, or 2210
rescind, rules that do both of the following:2211

       (A) Revise the rules adopted under Chapters 3704., 3714., 2212
3734., 6109., and 6111. of the Revised Code to incorporate the 2213
provisions necessary to conform those rules to the requirements of 2214
this chapter. The amended rules adopted under this division also 2215
shall establish response times for all submittals to the 2216
environmental protection agency required under this chapter or 2217
rules adopted under it.2218

       (B) Establish requirements and procedures that are reasonably 2219
necessary for the implementation and administration of this 2220
chapter, including, without limitation, all of the following:2221

       (1) Appropriate generic numerical clean-up standards for the 2222
treatment or removal of soils, sediments, and water media for 2223
hazardous substances and petroleum. The rules shall establish 2224
separate generic numerical clean-up standards based upon the 2225
intended use of properties after the completion of voluntary 2226
actions, including industrial, commercial, and residential uses 2227
and such other categories of land use as the director considers to 2228
be appropriate. The generic numerical clean-up standards 2229
established for each category of land use shall be the 2230
concentration of each contaminant that may be present on a 2231
property that shall ensure protection of public health and safety 2232
and the environment for the reasonable exposure for that category 2233
of land use. When developing the standards, the director shall 2234
consider such factors as all of the following:2235

       (a) Scientific information, including, without limitation, 2236
toxicological information and realistic assumptions regarding 2237
human and environmental exposure to hazardous substances or 2238
petroleum;2239

       (b) Climatic factors;2240

       (c) Human activity patterns;2241

       (d) Current statistical techniques;2242

       (e) For petroleum at industrial property, alternatives to the 2243
use of total petroleum hydrocarbons.2244

       The generic numerical clean-up standards established in the 2245
rules adopted under division (B)(1) of this section shall be 2246
consistent with and equivalent in scope, content, and coverage to 2247
any applicable standard established by federal environmental laws 2248
and regulations adopted under them, including, without limitation, 2249
the "Federal Water Pollution Control Act Amendments of 1972," 86 2250
Stat. 886, 33 U.S.C.A. 1251, as amended; the "Resource 2251
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 2252
6921, as amended; the "Toxic Substances Control Act," 90 Stat. 2253
2003 (1976), 15 U.S.C.A. 2601, as amended; the "Comprehensive 2254
Environmental Response, Compensation, and Liability Act of 1980," 2255
94 Stat. 2779, 42 U.S.C.A. 9601, as amended; and the "Safe 2256
Drinking Water Act," 88 Stat. 1660 (1974), 42 U.S.C.A. 300f, as 2257
amended.2258

       In order for the rules adopted under division (B)(1) of this 2259
section to require that any such federal environmental standard 2260
apply to a property, the property shall meet the requirements of 2261
the particular federal statute or regulation involved in the 2262
manner specified by the statute or regulation.2263

       The generic numerical clean-up standards for petroleum at 2264
commercial or residential property shall be the standards 2265
established in rules adopted under division (B) of section 2266
3737.882 of the Revised Code.2267

       (2)(a) Procedures for performing property-specific risk 2268
assessments that would be performed at a property to demonstrate 2269
that the remedy evaluated in a risk assessment results in 2270
protection of public health and safety and the environment instead 2271
of complying with the generic numerical clean-up standards 2272
established in the rules adopted under division (B)(1) of this 2273
section. The risk assessment procedures shall describe a 2274
methodology to establish, on a property-specific basis, allowable 2275
levels of contamination to remain at a property to ensure 2276
protection of public health and safety and the environment on the 2277
property and off the property when the contamination is emanating 2278
off the property, taking into account all of the following:2279

       (i) The implementation of treatment, storage, or disposal, or 2280
a combination thereof, of hazardous substances or petroleum;2281

       (ii) The existence of institutional controls or activity and 2282
use limitations that eliminate or mitigate exposure to hazardous 2283
substances or petroleum through the restriction of access to 2284
hazardous substances or petroleum;2285

       (iii) The existence of engineering controls that eliminate or 2286
mitigate exposure to hazardous substances or petroleum through 2287
containment of, control of, or restrictions of access to hazardous 2288
substances or petroleum, including, without limitation, fences, 2289
cap systems, cover systems, and landscaping.2290

       (b) The risk assessment procedures and levels of acceptable 2291
risk set forth in the rules adopted under division (B)(2) of this 2292
section shall be based upon all of the following:2293

       (i) Scientific information, including, without limitation, 2294
toxicological information and actual or proposed human and 2295
environmental exposure;2296

       (ii) Locational and climatic factors;2297

       (iii) Surrounding land use and human activities;2298

       (iv) Differing levels of remediation that may be required 2299
when an existing land use is continued compared to when a 2300
different land use follows the remediation.2301

       (c) Any standards established pursuant to rules adopted under 2302
division (B)(2) of this section shall be no more stringent than 2303
standards established under the environmental statutes of this 2304
state and rules adopted under them for the same contaminant in the 2305
same environmental medium that are in effect at the time the risk 2306
assessment is conducted.2307

       (3) Minimum standards for phase I property assessments. The 2308
standards shall specify the information needed to demonstrate that 2309
there is no reason to believe that contamination exists on a 2310
property. The rules adopted under division (B)(3) of this section, 2311
at a minimum, shall require that a phase I property assessment 2312
include all of the following:2313

       (a) A review and analysis of deeds, mortgages, easements of 2314
record, and similar documents relating to the chain of title to 2315
the property that are publicly available or that are known to and 2316
reasonably available to the owner or operator;2317

       (b) A review and analysis of any previous environmental 2318
assessments, property assessments, environmental studies, or 2319
geologic studies of the property and any land within two thousand 2320
feet of the boundaries of the property that are publicly available 2321
or that are known to and reasonably available to the owner or 2322
operator;2323

       (c) A review of current and past environmental compliance 2324
histories of persons who owned or operated the property;2325

       (d) A review of aerial photographs of the property that 2326
indicate prior uses of the property;2327

       (e) Interviews with managers of activities conducted at the 2328
property who have knowledge of environmental conditions at the 2329
property;2330

       (f) Conducting an inspection of the property consisting of a 2331
walkover;2332

       (g) Identifying the current and past uses of the property, 2333
adjoining tracts of land, and the area surrounding the property, 2334
including, without limitation, interviews with persons who reside 2335
or have resided, or who are or were employed, within the area 2336
surrounding the property regarding the current and past uses of 2337
the property and adjacent tracts of land.2338

       The rules adopted under division (B)(3) of this section shall 2339
establish criteria to determine when a phase II property 2340
assessment shall be conducted when a phase I property assessment 2341
reveals facts that establish a reason to believe that hazardous 2342
substances or petroleum have been treated, stored, managed, or 2343
disposed of on the property if the person undertaking the phase I 2344
property assessment wishes to obtain a covenant not to sue under 2345
section 3746.12 of the Revised Code.2346

       (4) Minimum standards for phase II property assessments. The 2347
standards shall specify the information needed to demonstrate that 2348
any contamination present at the property does not exceed 2349
applicable standards or that the remedial activities conducted at 2350
the property have achieved compliance with applicable standards. 2351
The rules adopted under division (B)(4) of this section, at a 2352
minimum, shall require that a phase II property assessment include 2353
all of the following:2354

       (a) A review and analysis of all documentation prepared in 2355
connection with a phase I property assessment conducted within the 2356
one hundred eighty days before the phase II property assessment 2357
begins. The rules adopted under division (B)(4)(a) of this section 2358
shall require that if a period of more than one hundred eighty 2359
days has passed between the time that the phase I assessment of 2360
the property was completed and the phase II assessment begins, the 2361
phase II assessment shall include a reasonable inquiry into the 2362
change in the environmental condition of the property during the 2363
intervening period.2364

       (b) Quality assurance objectives for measurements taken in 2365
connection with a phase II assessment;2366

       (c) Sampling procedures to ensure the representative sampling 2367
of potentially contaminated environmental media;2368

       (d) Quality assurance and quality control requirements for 2369
samples collected in connection with phase II assessments;2370

       (e) Analytical and data assessment procedures;2371

       (f) Data objectives to ensure that samples collected in 2372
connection with phase II assessments are biased toward areas where 2373
information indicates that contamination by hazardous substances 2374
or petroleum is likely to exist.2375

       (5) Standards governing the conduct of certified 2376
professionals, criteria and procedures for the certification of 2377
professionals to issue no further action letters under section 2378
3746.11 of the Revised Code, and criteria for the suspension and 2379
revocation of those certifications. The director shall take an 2380
action regarding a certification as a final action. The issuance, 2381
denial, renewal, suspension, and revocation of those 2382
certifications are subject to Chapter 3745. of the Revised Code, 2383
except that, in lieu of publishing an action regarding a 2384
certification in a newspaper of general circulation as required in 2385
section 3745.07 of the Revised Code, such an action shall be 2386
published on the environmental protection agency's web site and in 2387
the agency's weekly review not later than fifteen days after the 2388
date of the issuance, denial, renewal, suspension, or revocation 2389
of the certification and not later than thirty days before a 2390
hearing or public meeting concerning the action.2391

       The rules adopted under division (B)(5) of this section shall 2392
do all of the following:2393

       (a) Provide for the certification of environmental 2394
professionals to issue no further action letters pertaining to 2395
investigations and remedies in accordance with the criteria and 2396
procedures set forth in the rules. The rules adopted under 2397
division (B)(5)(a) of this section shall do at least all of the 2398
following:2399

       (i) Authorize the director to consider such factors as an 2400
environmental professional's previous performance record regarding 2401
such investigations and remedies and the environmental 2402
professional's environmental compliance history when determining 2403
whether to certify the environmental professional;2404

       (ii) Ensure that an application for certification is reviewed 2405
in a timely manner;2406

       (iii) Require the director to certify any environmental 2407
professional who the director determines complies with those 2408
criteria;2409

       (iv) Require the director to deny certification for any 2410
environmental professional who does not comply with those 2411
criteria.2412

       (b) Establish an annual fee to be paid by environmental 2413
professionals certified pursuant to the rules adopted under 2414
division (B)(5)(a) of this section. The fee shall be established 2415
at an amount calculated to defray the costs to the agency for the 2416
required reviews of the qualifications of environmental 2417
professionals for certification and for the issuance of the 2418
certifications.2419

       (c) Develop a schedule for and establish requirements 2420
governing the review by the director of the credentials of 2421
environmental professionals who were deemed to be certified 2422
professionals under division (D) of section 3746.07 of the Revised 2423
Code in order to determine if they comply with the criteria 2424
established in rules adopted under division (B)(5) of this 2425
section. The rules adopted under division (B)(5)(c) of this 2426
section shall do at least all of the following:2427

       (i) Ensure that the review is conducted in a timely fashion;2428

       (ii) Require the director to certify any such environmental 2429
professional who the director determines complies with those 2430
criteria;2431

       (iii) Require any such environmental professional initially 2432
to pay the fee established in the rules adopted under division 2433
(B)(5)(b) of this section at the time that the environmental 2434
professional is so certified by the director;2435

       (iv) Establish a time period within which any such 2436
environmental professional who does not comply with those criteria 2437
may obtain the credentials that are necessary for certification;2438

       (v) Require the director to deny certification for any such 2439
environmental professional who does not comply with those criteria 2440
and who fails to obtain the necessary credentials within the 2441
established time period.2442

       (d) Require that any information submitted to the director 2443
for the purposes of the rules adopted under division (B)(5)(a) or 2444
(c) of this section comply with division (A) of section 3746.20 of 2445
the Revised Code;2446

       (e) Authorize the director to suspend or revoke the 2447
certification of an environmental professional if the director 2448
finds that the environmental professional's performance has 2449
resulted in the issuance of no further action letters under 2450
section 3746.11 of the Revised Code that are not consistent with 2451
applicable standards or finds that the certified environmental 2452
professional has not substantially complied with section 3746.31 2453
of the Revised Code;2454

       (f) Authorize the director to suspend for a period of not 2455
more than five years or to permanently revoke a certified 2456
environmental professional's certification for any violation of or 2457
failure to comply with an ethical standard established in rules 2458
adopted under division (B)(5) of this section;2459

       (g) Require the director to revoke the certification of an 2460
environmental professional if the director finds that the 2461
environmental professional falsified any information on the 2462
environmental professional's application for certification 2463
regarding the environmental professional's credentials or 2464
qualifications or any other information generated for the purposes 2465
of or use under this chapter or rules adopted under it;2466

       (h) Require the director permanently to revoke the 2467
certification of an environmental professional who has violated or 2468
is violating division (A) of section 3746.18 of the Revised Code;2469

       (i) Preclude the director from revoking the certification of 2470
an environmental professional who only conducts investigations and 2471
remedies at property contaminated solely with petroleum unless the 2472
director first consults with the director of commerce.2473

       (6) Criteria and procedures for the certification of 2474
laboratories to perform analyses under this chapter and rules 2475
adopted under it. The issuance, denial, suspension, and revocation 2476
of those certifications are subject to Chapter 3745. of the 2477
Revised Code, and the director of environmental protection shall 2478
take any such action regarding a certification as a final action.2479

       The rules adopted under division (B)(6) of this section shall 2480
do all of the following:2481

       (a) Provide for the certification to perform analyses of 2482
laboratories in accordance with the criteria and procedures 2483
established in the rules adopted under division (B)(6)(a) of this 2484
section and establish an annual fee to be paid by those 2485
laboratories. The fee shall be established at an amount calculated 2486
to defray the costs to the agency for the review of the 2487
qualifications of those laboratories for certification and for the 2488
issuance of the certifications. The rules adopted under division 2489
(B)(6)(a) of this section may provide for the certification of 2490
those laboratories to perform only particular types or categories 2491
of analyses, specific test parameters or group of test parameters, 2492
or a specific matrix or matrices under this chapter.2493

       (b) Develop a schedule for and establish requirements 2494
governing the review by the director of the operations of 2495
laboratories that were deemed to be certified laboratories under 2496
division (E) of section 3746.07 of the Revised Code in order to 2497
determine if they comply with the criteria established in rules 2498
adopted under division (B)(6) of this section. The rules adopted 2499
under division (B)(6)(b) of this section shall do at least all of 2500
the following:2501

       (i) Ensure that the review is conducted in a timely fashion;2502

       (ii) Require the director to certify any such laboratory that 2503
the director determines complies with those criteria;2504

       (iii) Require any such laboratory initially to pay the fee 2505
established in the rules adopted under division (B)(6)(a) of this 2506
section at the time that the laboratory is so certified by the 2507
director;2508

       (iv) Establish a time period within which any such laboratory 2509
that does not comply with those criteria may make changes in its 2510
operations necessary for the performance of analyses under this 2511
chapter and rules adopted under it in order to be certified by the 2512
director;2513

       (v) Require the director to deny certification for any such 2514
laboratory that does not comply with those criteria and that fails 2515
to make the necessary changes in its operations within the 2516
established time period.2517

       (c) Require that any information submitted to the director 2518
for the purposes of the rules adopted under division (B)(6)(a) or 2519
(b) of this section comply with division (A) of section 3746.20 of 2520
the Revised Code;2521

       (d) Authorize the director to suspend or revoke the 2522
certification of a laboratory if the director finds that the 2523
laboratory's performance has resulted in the issuance of no 2524
further action letters under section 3746.11 of the Revised Code 2525
that are not consistent with applicable standards;2526

       (e) Authorize the director to suspend or revoke the 2527
certification of a laboratory if the director finds that the 2528
laboratory falsified any information on its application for 2529
certification regarding its credentials or qualifications;2530

       (f) Require the director permanently to revoke the 2531
certification of a laboratory that has violated or is violating 2532
division (A) of section 3746.18 of the Revised Code.2533

       (7) Information to be included in a no further action letter 2534
prepared under section 3746.11 of the Revised Code, including, 2535
without limitation, all of the following:2536

       (a) A summary of the information required to be submitted to 2537
the certified environmental professional preparing the no further 2538
action letter under division (C) of section 3746.10 of the Revised 2539
Code;2540

       (b) Notification that a risk assessment was performed in 2541
accordance with rules adopted under division (B)(2) of this 2542
section if such an assessment was used in lieu of generic 2543
numerical clean-up standards established in rules adopted under 2544
division (B)(1) of this section;2545

       (c) The contaminants addressed at the property, if any, their 2546
source, if known, and their levels prior to remediation;2547

       (d) The identity of any other person who performed work to 2548
support the request for the no further action letter as provided 2549
in division (B)(2) of section 3746.10 of the Revised Code and the 2550
nature and scope of the work performed by that person;2551

       (e) A list of the data, information, records, and documents 2552
relied upon by the certified environmental professional in 2553
preparing the no further action letter.2554

       (8) Methods for determining fees to be paid for the following 2555
services provided by the agency under this chapter and rules 2556
adopted under it:2557

       (a) Site- or property-specific technical assistance in 2558
developing or implementing plans in connection with a voluntary 2559
action;2560

       (b) Reviewing applications for and issuing consolidated 2561
standards permits under section 3746.15 of the Revised Code and 2562
monitoring compliance with those permits;2563

       (c) Negotiating, preparing, and entering into agreements 2564
necessary for the implementation and administration of this 2565
chapter and rules adopted under it;2566

       (d) Reviewing no further action letters, issuing covenants 2567
not to sue, and monitoring compliance with any terms and 2568
conditions of those covenants and with operation and maintenance 2569
agreements entered into pursuant to those covenants, including, 2570
without limitation, conducting audits of properties where 2571
voluntary actions are being or were conducted under this chapter 2572
and rules adopted under it.2573

       The fees established pursuant to the rules adopted under 2574
division (B)(8) of this section shall be at a level sufficient to 2575
defray the direct and indirect costs incurred by the agency for 2576
the administration and enforcement of this chapter and rules 2577
adopted under it other than the provisions regarding the 2578
certification of professionals and laboratories.2579

       (9) Criteria for selecting the no further action letters 2580
issued under section 3746.11 of the Revised Code that will be 2581
audited under section 3746.17 of the Revised Code, and the scope 2582
and procedures for conducting those audits. The rules adopted 2583
under division (B)(9) of this section, at a minimum, shall require 2584
the director to establish priorities for auditing no further 2585
action letters to which any of the following applies:2586

       (a) The letter was prepared by an environmental professional 2587
who was deemed to be a certified professional under division (D) 2588
of section 3746.07 of the Revised Code, but who does not comply 2589
with the criteria established in rules adopted under division 2590
(B)(5) of this section as determined pursuant to rules adopted 2591
under division (B)(5)(d) of this section;2592

       (b) The letter was submitted fraudulently;2593

       (c) The letter was prepared by a certified environmental 2594
professional whose certification subsequently was revoked in 2595
accordance with rules adopted under division (B)(5) of this 2596
section, or analyses were performed for the purposes of the no 2597
further action letter by a certified laboratory whose 2598
certification subsequently was revoked in accordance with rules 2599
adopted under division (B)(6) of this section;2600

       (d) A covenant not to sue that was issued pursuant to the 2601
letter was revoked under this chapter;2602

       (e) The letter was for a voluntary action that was conducted 2603
pursuant to a risk assessment in accordance with rules adopted 2604
under division (B)(2) of this section;2605

       (f) The letter was for a voluntary action that included as 2606
remedial activities engineering controls or institutional controls 2607
or activity and use limitations authorized under section 3746.05 2608
of the Revised Code.2609

       The rules adopted under division (B)(9) of this section shall 2610
provide for random audits of no further action letters to which 2611
the rules adopted under divisions (B)(9)(a) to (f) of this section 2612
do not apply.2613

       (10) A classification system to characterize ground water 2614
according to its capability to be used for human use and its 2615
impact on the environment and a methodology that shall be used to 2616
determine when ground water that has become contaminated from 2617
sources on a property for which a covenant not to sue is requested 2618
under section 3746.11 of the Revised Code shall be remediated to 2619
the standards established in the rules adopted under division 2620
(B)(1) or (2) of this section.2621

       (a) In adopting rules under division (B)(10) of this section 2622
to characterize ground water according to its capability for human 2623
use, the director shall consider all of the following:2624

       (i) The presence of legally enforceable, reliable 2625
restrictions on the use of ground water, including, without 2626
limitation, local rules or ordinances;2627

       (ii) The presence of regional commingled contamination from 2628
multiple sources that diminishes the quality of ground water;2629

       (iii) The natural quality of ground water;2630

       (iv) Regional availability of ground water and reasonable 2631
alternative sources of drinking water;2632

       (v) The productivity of the aquifer;2633

       (vi) The presence of restrictions on the use of ground water 2634
implemented under this chapter and rules adopted under it;2635

       (vii) The existing use of ground water.2636

       (b) In adopting rules under division (B)(10) of this section 2637
to characterize ground water according to its impacts on the 2638
environment, the director shall consider both of the following:2639

       (i) The risks posed to humans, fauna, surface water, 2640
sediments, soil, air, and other resources by the continuing 2641
presence of contaminated ground water;2642

       (ii) The availability and feasibility of technology to remedy 2643
ground water contamination.2644

       (11) Governing the application for and issuance of variances 2645
under section 3746.09 of the Revised Code;2646

       (12)(a) In the case of voluntary actions involving 2647
contaminated ground water, specifying the circumstances under 2648
which the generic numerical clean-up standards established in 2649
rules adopted under division (B)(1) of this section and standards 2650
established through a risk assessment conducted pursuant to rules 2651
adopted under division (B)(2) of this section shall be 2652
inapplicable to the remediation of contaminated ground water and 2653
under which the standards for remediating contaminated ground 2654
water shall be established on a case-by-case basis prior to the 2655
commencement of the voluntary action pursuant to rules adopted 2656
under division (B)(12)(b) of this section;2657

       (b) Criteria and procedures for the case-by-case 2658
establishment of standards for the remediation of contaminated 2659
ground water under circumstances in which the use of the generic 2660
numerical clean-up standards and standards established through a 2661
risk assessment are precluded by the rules adopted under division 2662
(B)(12)(a) of this section. The rules governing the procedures for 2663
the case-by-case development of standards for the remediation of 2664
contaminated ground water shall establish application, public 2665
participation, adjudication, and appeals requirements and 2666
procedures that are equivalent to the requirements and procedures 2667
established in section 3746.09 of the Revised Code and rules 2668
adopted under division (B)(11) of this section, except that the 2669
procedural rules shall not require an applicant to make the 2670
demonstrations set forth in divisions (A)(1) to (3) of section 2671
3746.09 of the Revised Code.2672

       (13) A definition of the evidence that constitutes sufficient 2673
evidence for the purpose of division (A)(5) of section 3746.02 of 2674
the Revised Code.2675

       At least thirty days before filing the proposed rules 2676
required to be adopted under this section with the secretary of 2677
state, director of the legislative service commission, and joint 2678
committee on agency rule review in accordance with divisions (B) 2679
and (H)(C) of section 119.03 of the Revised Code, the director of 2680
environmental protection shall hold at least one public meeting on 2681
the proposed rules in each of the five districts into which the 2682
agency has divided the state for administrative purposes.2683

       Sec. 4117.02.  (A) There is hereby created the state 2684
employment relations board, consisting of three members to be 2685
appointed by the governor with the advice and consent of the 2686
senate. Members shall be knowledgeable about labor relations or 2687
personnel practices. No more than two of the three members shall 2688
belong to the same political party. A member of the state 2689
employment relations board during the member's period of service 2690
shall hold no other public office or public or private employment 2691
and shall allow no other responsibilities to interfere or conflict 2692
with the member's duties as a full-time state employment relations 2693
board member. Of the initial appointments made to the state 2694
employment relations board, one shall be for a term ending October 2695
6, 1984, one shall be for a term ending October 6, 1985, and one 2696
shall be for a term ending October 6, 1986. Thereafter, terms of 2697
office shall be for six years, each term ending on the same day of 2698
the same month of the year as did the term that it succeeds. Each 2699
member shall hold office from the date of the member's appointment 2700
until the end of the term for which the member is appointed. Any 2701
member appointed to fill a vacancy occurring prior to the 2702
expiration of the term for which the member's predecessor was 2703
appointed shall hold office for the remainder of the term. Any 2704
member shall continue in office subsequent to the expiration of 2705
the member's term until the member's successor takes office or 2706
until a period of sixty days has elapsed, whichever occurs first. 2707
The governor may remove any member of the state employment 2708
relations board, upon notice and public hearing, for neglect of 2709
duty or malfeasance in office, but for no other cause.2710

       (B)(1) The governor shall designate one member of the state 2711
employment relations board to serve as chairperson of the state 2712
employment relations board. The chairperson is the head of the 2713
state employment relations board and its chief executive officer.2714

       (2) The chairperson shall exercise all administrative powers 2715
and duties conferred upon the state employment relations board 2716
under this chapter and shall do all of the following:2717

       (a) Employ, promote, supervise, and remove all employees of 2718
the state employment relations board, and establish, change, or 2719
abolish positions and assign or reassign the duties of those 2720
employees as the chairperson determines necessary to achieve the 2721
most efficient performance of the duties of the state employment 2722
relations board under this chapter;2723

       (b) Determine the utilization by the state personnel board of 2724
review of employees of the state employment relations board as 2725
necessary for the state personnel board of review to exercise the 2726
powers and perform the duties of the state personnel board of 2727
review.2728

       (c) Maintain the office of the state employment relations 2729
board in Columbus and manage the office's daily operations, 2730
including securing offices, facilities, equipment, and supplies 2731
necessary to house the state employment relations board, employees 2732
of the state employment relations board, the state personnel board 2733
of review, and files and records under the control of the state 2734
employment relations board and under the control of the state 2735
personnel board of review;2736

       (d) Prepare and submit to the office of budget and management 2737
a budget for each biennium according to section 107.03 of the 2738
Revised Code, and include in the budget the costs of the state 2739
employment relations board and its staff and the costs of the 2740
state employment relations board in discharging any duty imposed 2741
by law upon the state employment relations board, the chairperson, 2742
or any of the employees or agents of the state employment 2743
relations board, and the costs of the state personnel board of 2744
review in discharging any duty imposed by law on the state 2745
personnel board of review or an agent of the state personnel board 2746
of review.2747

       (C) The vacancy on the state employment relations board does 2748
not impair the right of the remaining members to exercise all the 2749
powers of the state employment relations board, and two members of 2750
the state employment relations board, at all times, constitute a 2751
quorum. The state employment relations board shall have an 2752
official seal of which courts shall take judicial notice.2753

       (D) The state employment relations board shall make an annual 2754
report in writing to the governor and to the general assembly, 2755
stating in detail the work it has done.2756

       (E) Compensation of the chairperson and members shall be in 2757
accordance with division (J) of section 124.15 of the Revised 2758
Code. The chairperson and the members are eligible for 2759
reappointment. In addition to such compensation, all members shall 2760
be reimbursed for their necessary expenses incurred in the 2761
performance of their work as members.2762

       (F)(1) The chairperson, after consulting with the other state 2763
employment relations board members and receiving the consent of at 2764
least one other board member, shall appoint an executive director. 2765
The chairperson also shall appoint attorneys and shall appoint an 2766
assistant executive director who shall be an attorney admitted to 2767
practice law in this state and who shall serve as a liaison to the 2768
attorney general on legal matters before the state employment 2769
relations board. 2770

       (2) The state employment relations board shall appoint 2771
members of fact-finding panels and shall prescribe their job 2772
duties.2773

       (G)(1) The executive director shall serve at the pleasure of 2774
the chairperson. The executive director, under the direction of 2775
the chairperson, shall do all of the following:2776

       (a) Act as chief administrative officer for the state 2777
employment relations board;2778

       (b) Ensure that all employees of the state employment 2779
relations board comply with the rules of the state employment 2780
relations board;2781

       (c) Do all things necessary for the efficient and effective 2782
implementation of the duties of the state employment relations 2783
board.2784

       (2) The duties of the executive director described in 2785
division (G)(1) of this section do not relieve the chairperson 2786
from final responsibility for the proper performance of the duties 2787
described in that division.2788

       (H) The attorney general shall be the legal adviser of the 2789
state employment relations board and shall appear for and 2790
represent the state employment relations board and its agents in 2791
all legal proceedings. The state employment relations board may 2792
utilize regional, local, or other agencies, and utilize voluntary 2793
and uncompensated services as needed. The state employment 2794
relations board may contract with the federal mediation and 2795
conciliation service for the assistance of mediators, arbitrators, 2796
and other personnel the service makes available. The chairperson 2797
shall appoint all employees on the basis of training, practical 2798
experience, education, and character, notwithstanding the 2799
requirements established by section 119.09 of the Revised Code. 2800
The chairperson shall give special regard to the practical 2801
training and experience that employees have for the particular 2802
position involved. The executive director, assistant executive 2803
director, administrative law judges, employees holding a fiduciary 2804
or administrative relation to the state employment relations board 2805
as described in division (A)(9) of section 124.11 of the Revised 2806
Code, and the personal secretaries and assistants of the state 2807
employment relations board members are in the unclassified 2808
service. All other full-time employees of the state employment 2809
relations board are in the classified service. All employees of 2810
the state employment relations board shall be paid in accordance 2811
with Chapter 124. of the Revised Code.2812

       (I) The chairperson shall select and assign administrative 2813
law judges and other agents whose functions are to conduct 2814
hearings with due regard to their impartiality, judicial 2815
temperament, and knowledge. If in any proceeding under this 2816
chapter, any party prior to five days before the hearing thereto 2817
files with the state employment relations board a sworn statement 2818
charging that the administrative law judge or other agent 2819
designated to conduct the hearing is biased or partial in the 2820
proceeding, the state employment relations board may disqualify 2821
the person and designate another administrative law judge or agent 2822
to conduct the proceeding. At least ten days before any hearing, 2823
the state employment relations board shall notify all parties to a 2824
proceeding of the name of the administrative law judge or agent 2825
designated to conduct the hearing.2826

       (J) The principal office of the state employment relations 2827
board is in Columbus, but it may meet and exercise any or all of 2828
its powers at any other place within the state. The state 2829
employment relations board may, by one or more of its employees, 2830
or any agents or agencies it designates, conduct in any part of 2831
this state any proceeding, hearing, investigation, inquiry, or 2832
election necessary to the performance of its functions; provided, 2833
that no person so designated may later sit in determination of an 2834
appeal of the decision of that cause or matter.2835

       (K) In addition to the powers and functions provided in other 2836
sections of this chapter, the state employment relations board 2837
shall do all of the following:2838

       (1) Create a bureau of mediation within the state employment 2839
relations board, to perform the functions provided in section 2840
4117.14 of the Revised Code. This bureau shall also establish, 2841
after consulting representatives of employee organizations and 2842
public employers, panels of qualified persons to be available to 2843
serve as members of fact-finding panels and arbitrators.2844

       (2) Conduct studies of problems involved in representation 2845
and negotiation and make recommendations for legislation;2846

       (3) Hold hearings pursuant to this chapter and, for the 2847
purpose of the hearings and inquiries, administer oaths and 2848
affirmations, examine witnesses and documents, take testimony and 2849
receive evidence, compel the attendance of witnesses and the 2850
production of documents by the issuance of subpoenas, and delegate 2851
these powers to any members of the state employment relations 2852
board or any administrative law judge employed by the state 2853
employment relations board for the performance of its functions;2854

       (4) Train representatives of employee organizations and 2855
public employers in the rules and techniques of collective 2856
bargaining procedures;2857

       (5) Make studies and analyses of, and act as a clearinghouse 2858
of information relating to, conditions of employment of public 2859
employees throughout the state and request assistance, services, 2860
and data from any public employee organization, public employer, 2861
or governmental unit. Public employee organizations, public 2862
employers, and governmental units shall provide such assistance, 2863
services, and data as will enable the state employment relations 2864
board to carry out its functions and powers.2865

       (6) Make available to employee organizations, public 2866
employers, mediators, fact-finding panels, arbitrators, and joint 2867
study committees statistical data relating to wages, benefits, and 2868
employment practices in public and private employment applicable 2869
to various localities and occupations to assist them to resolve 2870
issues in negotiations;2871

       (7) Notwithstanding section 119.13 of the Revised Code, 2872
establish standards of persons who practice before it;2873

       (8) Adopt, amend, and rescind rules and procedures and 2874
exercise other powers appropriate to carry out this chapter. 2875
Before the adoption, amendment, or rescission of rules and 2876
procedures under this section, the state employment relations 2877
board shall do all of the following:2878

       (a) Maintain a list of interested public employers and 2879
employee organizations and mail notice to such groups of any 2880
proposed rule or procedure, amendment thereto, or rescission 2881
thereof at least thirty days before any public hearing thereon;2882

       (b) Mail a copy of each proposed rule or procedure, amendment 2883
thereto, or rescission thereof to any person who requests a copy 2884
within five days after receipt of the request therefor;2885

       (c) Consult with appropriate statewide organizations 2886
representing public employers or employees who would be affected 2887
by the proposed rule or procedure.2888

       Although the state employment relations board is expected to 2889
discharge these duties diligently, failure to mail any notice or 2890
copy, or to so consult with any person, is not jurisdictional and 2891
shall not be construed to invalidate any proceeding or action of 2892
the state employment relations board.2893

       (L) In case of neglect or refusal to obey a subpoena issued 2894
to any person, the court of common pleas of the county in which 2895
the investigation or the public hearing occurs, upon application 2896
by the state employment relations board, may issue an order 2897
requiring the person to appear before the state employment 2898
relations board and give testimony about the matter under 2899
investigation. The court may punish a failure to obey the order as 2900
contempt.2901

       (M) Any subpoena, notice of hearing, or other process or 2902
notice of the state employment relations board issued under this 2903
section may be served personally, by certified mail, or by leaving 2904
a copy at the principal office or personal residence of the 2905
respondent required to be served. A return, made and verified by 2906
the individual making the service and setting forth the manner of 2907
service, is proof of service, and a return post office receipt, 2908
when certified mail is used, is proof of service. All process in 2909
any court to which application is made under this chapter may be 2910
served in the county wherein the persons required to be served 2911
reside or are found.2912

       (N) All expenses of the state employment relations board, 2913
including all necessary traveling and subsistence expenses 2914
incurred by the members or employees of the state employment 2915
relations board under its orders, shall be paid pursuant to 2916
itemized vouchers approved by the chairperson of the state 2917
employment relations board, the executive director, or both, or 2918
such other person as the chairperson designates for that purpose.2919

       (O) Whenever the state employment relations board determines 2920
that a substantial controversy exists with respect to the 2921
application or interpretation of this chapter and the matter is of 2922
public or great general interest, the state employment relations 2923
board shall certify its final order directly to the court of 2924
appeals having jurisdiction over the area in which the principal 2925
office of the public employer directly affected by the application 2926
or interpretation is located. The chairperson shall file with the 2927
clerk of the court a certified copy of the transcript of the 2928
proceedings before the state employment relations board pertaining 2929
to the final order. If upon hearing and consideration the court 2930
decides that the final order of the state employment relations 2931
board is unlawful or is not supported by substantial evidence on 2932
the record as a whole, the court shall reverse and vacate the 2933
final order or modify it and enter final judgment in accordance 2934
with the modification; otherwise, the court shall affirm the final 2935
order. The notice of the final order of the state employment 2936
relations board to the interested parties shall contain a 2937
certification by the chairperson of the state employment relations 2938
board that the final order is of public or great general interest 2939
and that a certified transcript of the record of the proceedings 2940
before the state employment relations board had been filed with 2941
the clerk of the court as an appeal to the court. For the purposes 2942
of this division, the state employment relations board has 2943
standing to bring its final order properly before the court of 2944
appeals.2945

       (P) Except as otherwise specifically provided in this 2946
section, the state employment relations board is subject to 2947
Chapter 119. of the Revised Code, including the procedure for 2948
submission of proposed rules to the general assembly for 2949
legislative review under division (H)(C) of section 119.03 of the 2950
Revised Code.2951

       Sec. 4141.14. (A) All rules of the director of the 2952
department of job and family services adopted pursuant to this 2953
chapter shall be approved by the unemployment compensation review 2954
commission before the rules become effective. All such rules shall 2955
specify on their face their effective date and the date on which 2956
they will expire, if known. Approval by the unemployment 2957
compensation review commission shall also be required before 2958
amendments to, or rescission of, any rules of the director adopted 2959
pursuant to this chapter become effective. If the commission 2960
disapproves a rule of the director, it shall determine and 2961
promulgate a rule that it considers appropriate after affording a 2962
hearing to the director.2963

       (B)(1) Any rule promulgated pursuant to this section shall be 2964
effective on the tenth day after the day on which the rule in 2965
final form and in compliance with division (B)(2) of this section 2966
is filed as follows:2967

       (a) The rule shall be filed in electronic form with both the 2968
secretary of state and the director of the legislative service 2969
commission;2970

       (b) The rule shall be filed in electronic form with the joint 2971
committee on agency rule review. Division (B)(1)(b) of this 2972
section does not apply to any rule to which division (H) of 2973
section 119.03 of the Revised Code does not apply.2974

       If all filings are not completed on the same day, the rule 2975
shall be effective on the tenth day after the day on which the 2976
latest filing is completed. If the department of job and family 2977
services or the unemployment compensation review commission in 2978
adopting a rule pursuant to this chapter designates an effective 2979
date that is later than the effective date provided for by this 2980
division, the rule if filed as required by this division shall 2981
become effective on the later date designated by the department or 2982
commission.2983

       If the commission or department adopts or amends a rule that 2984
is subject to division (H) of section 119.03 of the Revised Code, 2985
the commission or department shall assign a review date to the 2986
rule that is not later than five years after its effective date. 2987
If no review date is assigned to a rule, or if a review date 2988
assigned to a rule exceeds the five-year maximum, the review date 2989
for the rule is five years after its effective date. A rule with a 2990
review date is subject to review under section 119.032 of the 2991
Revised Code.2992

       (2) The department and commission shall file the rule in 2993
compliance with the following standards and procedures:2994

       (a) The rule shall be numbered in accordance with the 2995
numbering system devised by the director for the Ohio 2996
administrative code.2997

       (b) The rule shall be prepared and submitted in compliance 2998
with the rules of the legislative service commission.2999

       (c) The rule shall clearly state the date on which it is to 3000
be effective and the date on which it will expire, if known.3001

       (d) Each rule that amends or rescinds another rule shall 3002
clearly refer to the rule that is amended or rescinded. Each 3003
amendment shall fully restate the rule as amended.3004

       If the director of the legislative service commission or the 3005
director's designee gives the department of job and family 3006
services or the unemployment compensation review commission notice 3007
pursuant to section 103.05 of the Revised Code that a rule filed 3008
by the department or review commission is not in compliance with 3009
the rules of the legislative service commission, the department or 3010
review commission shall within thirty days after receipt of the 3011
notice conform the rule to the rules of the commission as directed 3012
in the notice.3013

       The secretary of state and the director of the legislative 3014
service commission shall preserve the rules filed under division 3015
(B)(1)(a) of this section in an accessible manner. Each such rule 3016
shall be a public record open to public inspection and may be 3017
transmitted to any law publishing company that wishes to reproduce 3018
it.3019

       (C) As used in this section:3020

       (1) "Rule" includes an amendment or rescission of a rule.3021

       (2) "Substantive revision" has the same meaning as in 3022
division (J) of section 119.01 of the Revised Code.3023

       Sec. 5103.0325.  Notwithstanding division (B) of section 3024
119.032106.03 of the Revised Code, the department of job and 3025
family services shall review once every two years the department's 3026
rules governing visits and contacts by a public children services 3027
agency or private child placing agency with a child in the 3028
agency's custody and placed in foster care in this state. The 3029
department shall adopt rules in accordance with Chapter 119. of 3030
the Revised Code to ensure compliance with the department's rules 3031
governing agency visits and contacts with a child in its custody.3032

       Sec. 5117.02.  (A) The director of development shall adopt 3033
rules, or amendments and rescissions of rules, pursuant to section 3034
4928.52 of the Revised Code, for the administration of the Ohio 3035
energy credit program under sections 5117.01 to 5117.12 of the 3036
Revised Code.3037

       (B) As a means of efficiently administering the program, the 3038
director may extend, by as much as a total of thirty days, any 3039
date specified in such sections for the performance of a 3040
particular action by an individual or an officer.3041

       (C)(1) Except as provided in division (C)(2) of this section, 3042
the director shall adopt, in accordance with divisions (A), (B), 3043
(C), (D), (E), and (H)(F) of section 119.03 and section 119.04 of 3044
the Revised Code, whatever rules, or amendments or rescissions of 3045
rules are required by or are otherwise necessary to implement 3046
sections 5117.01 to 5117.12 of the Revised Code. A rule, 3047
amendment, or rescission adopted under this division is not exempt 3048
from the hearing requirements of section 119.03 of the Revised 3049
Code pursuant to division (G)(H) of that section, or subject to 3050
section 111.15 of the Revised Code.3051

       (2) If an emergency necessitates the immediate adoption of a 3052
rule, or the immediate adoption of an amendment or rescission of a 3053
rule that is required by or otherwise necessary to implement 3054
sections 5117.01 to 5117.12 of the Revised Code, the director 3055
immediately may adopt the emergency rule, amendment, or rescission 3056
without complying with division (A), (B), (C), (D), (E), or (H)(F)3057
of section 119.03 of the Revised Code so long as the commissioner3058
director states the reasons for the necessity in the emergency 3059
rule, amendment, or rescission. The emergency rule, amendment, or 3060
rescission is effective on the day the emergency rule, amendment, 3061
or rescission, in final form and in compliance with division 3062
(A)(2) of section 119.04 of the Revised Code, is filed in 3063
electronic form with the secretary of state, the director of the 3064
legislative service commission, and the joint committee on agency 3065
rule review. If all filings are not completed on the same day, the 3066
emergency rule, amendment, or rescission is effective on the day 3067
on which the latest filing is completed. An emergency rule, 3068
amendment, or rescission adopted under this division is not 3069
subject to section 111.15 or division (F)(G) of section 119.03 of 3070
the Revised Code. An emergency rule, amendment, or rescission 3071
adopted under this division continues in effect until amended or 3072
rescinded by the director in accordance with division (C)(1) or 3073
(2) of this section, except that the rescission of an emergency 3074
rescission does not revive the rule rescinded.3075

       (D) Except where otherwise provided, each form, application, 3076
notice, and the like used in fulfilling the requirements of 3077
sections 5117.01 to 5117.12 of the Revised Code shall be approved 3078
by the director.3079

       Sec. 5703.14. (A) Any rule adopted by the board of tax 3080
appeals and any rule of the department of taxation adopted by the 3081
tax commissioner shall be effective on the tenth day after the day 3082
on which the rule in final form and in compliance with division 3083
(B) of this section is filed by the board or the commissioner as 3084
follows:3085

       (1) The rule shall be filed in electronic form with both the 3086
secretary of state and the director of the legislative service 3087
commission;3088

       (2) The rule shall be filed in electronic form with the joint 3089
committee on agency rule review. Division (A)(2) of this section 3090
does not apply to any rule to which division (H) of section 119.03 3091
of the Revised Code does not apply.3092

       If all filings are not completed on the same day, the rule 3093
shall be effective on the tenth day after the day on which the 3094
latest filing is completed. If the board or the commissioner in 3095
adopting a rule designates an effective date that is later than 3096
the effective date provided for by this division, the rule if 3097
filed as required by this division shall become effective on the 3098
later date designated by the board or commissioner.3099

       (B) The board and commissioner shall file the rule in 3100
compliance with the following standards and procedures:3101

       (1) The rule shall be numbered in accordance with the 3102
numbering system devised by the director for the Ohio 3103
administrative code.3104

       (2) The rule shall be prepared and submitted in compliance 3105
with the rules of the legislative service commission.3106

       (3) The rule shall clearly state the date on which it is to 3107
be effective and the date on which it will expire, if known.3108

       (4) Each rule that amends or rescinds another rule shall 3109
clearly refer to the rule that is amended or rescinded. Each 3110
amendment shall fully restate the rule as amended.3111

       If the director of the legislative service commission or the 3112
director's designee gives the board or commissioner notice 3113
pursuant to section 103.05 of the Revised Code that a rule filed 3114
by the board or commissioner is not in compliance with the rules 3115
of the legislative service commission, the board or commissioner 3116
shall within thirty days after receipt of the notice conform the 3117
rule to the rules of the legislative service commission as 3118
directed in the notice.3119

       All rules of the department and board filed pursuant to 3120
division (A)(1) of this section shall be recorded by the secretary 3121
of state and the director under the name of the department or 3122
board and shall be numbered in accordance with the numbering 3123
system devised by the director. The secretary of state and the 3124
director shall preserve the rules in an accessible manner. Each 3125
such rule shall be a public record open to public inspection and 3126
may be transmitted to any law publishing company that wishes to 3127
reproduce it. Each such rule shall also be made available to 3128
interested parties upon request directed to the department.3129

       (C) Applications for review of any rule adopted and 3130
promulgated by the tax commissioner may be filed with the board of 3131
tax appeals by any person who has been or may be injured by the 3132
operation of the rule. The appeal may be taken at any time after 3133
the rule is filed with the secretary of the state, the director of 3134
the legislative service commission, and, if applicable, the joint 3135
committee on agency rule review. Failure to file an appeal does 3136
not preclude any person from seeking any other remedy against the 3137
application of the rule to the person. The applications shall set 3138
forth, or have attached thereto and incorporated by reference, a 3139
true copy of the rule, and shall allege that the rule complained 3140
of is unreasonable and shall state the grounds upon which the 3141
allegation is based. Upon the filing of the application, the board 3142
shall notify the commissioner of the filing of the application, 3143
fix a time for hearing the application, notify the commissioner 3144
and the applicant of the time for the hearing, and afford both an 3145
opportunity to be heard. The appellant, the tax commissioner, and 3146
any other interested persons that the board permits, may introduce 3147
evidence. The burden of proof to show that the rule is 3148
unreasonable shall be upon the appellant. After the hearing, the 3149
board shall determine whether the rule complained of is reasonable 3150
or unreasonable. A determination that the rule complained of is 3151
unreasonable shall require a majority vote of the three members of 3152
the board, and the reasons for the determination shall be entered 3153
on the journal of the board.3154

       Upon determining that the rule complained of is unreasonable, 3155
the board shall file copies of its determination as follows:3156

       (1)(A) The determination shall be filed in electronic form 3157
with both the secretary of state and the director of the 3158
legislative service commission, who shall note the date of their 3159
receipt of the certified copies conspicuously in their files of 3160
the rules of the department;3161

       (2)(B) The determination shall be filed in electronic form 3162
with the joint committee on agency rule review. Division (C)(2) of 3163
this section does not apply to any rule to which division (H)(C)3164
of section 119.03 of the Revised Code does not apply.3165

       On the tenth day after the determination has been received by 3166
the secretary of state, the director, and, if applicable, the 3167
joint committee, the rule referred to in the determination shall 3168
cease to be in effect. If all filings of the determination are not 3169
completed on the same day, the rule shall remain in effect until 3170
the tenth day after the day on which the latest filing is 3171
completed. This section does not apply to licenses issued under 3172
sections 5735.02, 5739.17, and 5743.15 of the Revised Code, which 3173
shall be governed by sections 119.01 to 119.13 of the Revised 3174
Code.3175

       The board is not required to hear an application for the 3176
review of any rule where the grounds of the allegation that the 3177
rule is unreasonable have been previously contained in an 3178
application for review and have been previously heard and passed 3179
upon by the board.3180

       (D) As used in this section, "substantive revision" has the 3181
same meaning as in division (J) of section 119.01 of the Revised 3182
Code.3183

       Sec. 6111.31.  All substantive wetland, stream, or lake 3184
mitigation standards, criteria, scientific methods, processes, or 3185
other procedures or policies that are used in a uniform manner by 3186
the director of environmental protection in evaluating the 3187
adequacy of a mitigation proposal contained in an application for 3188
a section 401 water quality certification shall be adopted and 3189
reviewed in accordance with sections 119.03 and 119.032106.03 of 3190
the Revised Code before those standards, criteria, or scientific 3191
methods have the force of law. Until that time, any such 3192
mitigation standards, criteria, scientific methods, processes, or 3193
other procedures or policies that are used by or approved for use 3194
by the director to evaluate, measure, or determine the success, 3195
approval, or denial of a mitigation proposal, but that have not 3196
been subject to review under sections 119.03 and 119.032106.03 of 3197
the Revised Code shall not be used as the basis for any 3198
certification or permit denial or as a standard applied to 3199
mitigation unless the applicant has been notified in advance that 3200
additional mitigation standards, criteria, scientific methods, 3201
processes, or procedures will be considered as part of the review 3202
process.3203

       Sec. 6111.51. (A)(1) The director of environmental protection 3204
shall adopt rules that establish criteria for three levels of 3205
credible data related to surface water monitoring and assessment. 3206
The rules pertaining to each level shall establish requirements 3207
for data assessment, sample collection and analytical methods, and 3208
quality assurance and quality control procedures that must be 3209
followed in order to classify data as credible at that level. The 3210
rules shall provide that level three credible data are collected 3211
by employing the most stringent methods and procedures, level two 3212
credible data are collected using methods and procedures that are 3213
less stringent than methods and procedures used to collect level 3214
three credible data, but more stringent than methods and 3215
procedures used to collect level one, and level one credible data 3216
are collected by employing the least stringent methods and 3217
procedures.3218

       The requirements established in the rules for each level of 3219
credible data shall be commensurate with, and no more stringent 3220
than necessary to support, the purposes for which the data will be 3221
used. In adopting rules under this section, the director shall 3222
consider the cost of data collection methods and procedures to 3223
persons or entities collecting data, and the burden of compliance 3224
with those methods and procedures for those persons or entities, 3225
while ensuring the degree of accuracy commensurate with the 3226
purpose for which the data will be used. No data shall be 3227
classified as credible data unless they have been collected in 3228
compliance with the applicable methods and procedures for 3229
collecting the data established in rules adopted under this 3230
section.3231

       (2) The director shall file the rules required to be adopted 3232
under division (A)(1) of this section with the secretary of state, 3233
the director of the legislative service commission, and the joint 3234
committee on agency rule review in accordance with divisions (B) 3235
and (H)(C) of section 119.03 of the Revised Code not later than 3236
one year after the effective date of this sectionOctober 21, 3237
2003. As soon as practicable thereafter, the director shall 3238
proceed to adopt the rules in accordance with all other applicable 3239
provisions of Chapter 119. of the Revised Code.3240

       (B)(1) Level three credible data shall be used for the 3241
purposes specified in section 6111.52 of the Revised Code.3242

       (2) Levels two and three credible data shall be used for the 3243
purpose of evaluating the effectiveness of pollution controls for 3244
point sources and nonpoint sources and initial screening of water 3245
quality problems to determine if additional study is needed.3246

       (3) Levels one, two, and three credible data shall be used 3247
for public awareness and education activities.3248

        (C) No data shall be considered credible unless the data 3249
originate from studies and samples collected by the environmental 3250
protection agency, its contractors, federal or state environmental 3251
agencies, or qualified data collectors. However, data submitted 3252
pursuant to the requirements of a permit issued by an agency of 3253
the state or submitted as a result of findings and orders issued 3254
by the director or pursuant to a court order shall be considered 3255
credible unless the director identifies reasons why the data are 3256
not credible.3257

        (D) If the director has obtained credible data for a surface 3258
water, the director also may use historical data for the purpose 3259
of determining whether any water quality trends exist for that 3260
surface water.3261

        (E) Sections 6111.50 to 6111.56 of the Revised Code do not 3262
apply to civil or criminal enforcement actions brought under 3263
section 6111.07 of the Revised Code.3264

       (F) The director's use of credible data shall be consistent 3265
with the Federal Water Pollution Control Act.3266

       (G) Nothing in sections 6111.50 to 6111.56 of the Revised 3267
Code is an exception to statutory, common, or municipal law of 3268
trespass.3269

       Section 2.  That existing sections 101.35, 103.0511, 107.54, 3270
111.15, 117.20, 119.01, 119.03, 119.04, 121.39, 121.73, 121.74, 3271
121.81, 121.82, 121.83, 127.18, 1531.08, 3319.22, 3319.221, 3272
3333.021, 3333.048, 3737.88, 3746.04, 4117.02, 4141.14, 5103.0325, 3273
5117.02, 5703.14, 6111.31, and 6111.51 of the Revised Code are 3274
repealed.3275

       Section 3.  That sections 119.031 and 119.032 of the Revised 3276
Code are repealed.3277

       Section 4.  Sections 106.02 and 106.021 of the Revised Code 3278
are a continuation, although with revisions, of former division 3279
(I) of section 119.03 of the Revised Code. Division (C) of section 3280
119.03 of the Revised Code is a continuation, although with 3281
revisions, of former division (H) of that section. And sections 3282
106.03 and 106.031 of the Revised Code are a continuation, 3283
although with revisions, of former section 119.032 of the Revised 3284
Code.3285

       Section 5.  (A)(1) Sections 106.02 and 106.021 of the Revised 3286
Code do not apply to a proposed rule or revised proposed rule that 3287
was filed under division (D) of section 111.15 or former division 3288
(H) of section 119.03 of the Revised Code and, on the effective 3289
date of this section, is pending before the Joint Committee on 3290
Agency Rule Review for review under former division (I) of section 3291
119.03 of the Revised Code. The Joint Committee, subject to 3292
division (B) of this section, shall review the proposed rule or 3293
revised proposed rule under former division (I) of section 119.03 3294
of the Revised Code as if the division had not been repealed.3295

       (2) Sections 106.03 and 106.031 of the Revised Code do not 3296
apply to an existing rule that was filed under former section 3297
119.032 of the Revised Code and, on the effective date of this 3298
section, is pending before the Joint Committee on Agency Rule 3299
Review for review under that former section. The Joint Committee, 3300
subject to division (B) of this section, shall review the existing 3301
rule under former section 119.032 of the Revised Code as if the 3302
section had not been repealed.3303

       (B) If, on or after the effective date of this section, the 3304
Joint Committee on Agency Rule Review recommends invalidation of a 3305
proposed rule or revised proposed rule under section 106.021 or 3306
former division (I) of section 119.03 of the Revised Code, or 3307
invalidation of an existing rule under section 106.031 or former 3308
section 119.032 of the Revised Code, the invalidation shall be 3309
carried out under sections 106.04 and 106.041 of the Revised Code.3310

       Section 6.  Sections 1, 2, 3, 4, 5, and 7 of this act take 3311
effect on January 1, 2012.3312

       Section 7.  The General Assembly, applying the principle 3313
stated in division (B) of section 1.52 of the Revised Code that 3314
amendments are to be harmonized if reasonably capable of 3315
simultaneous operation, finds that the following sections, 3316
presented in this act as composites of the sections as amended by 3317
the acts indicated, are the resulting versions of the sections in 3318
effect prior to the effective date of the sections as presented in 3319
this act:3320

       Section 3737.88 of the Revised Code as amended by both Am. 3321
Sub. H.B. 153 and Sub. S.B. 171 of the 129th General Assembly.3322

       Section 5117.02 of the Revised Code as amended by both Am. 3323
Sub. S.B. 3 and the version of Am. Sub. S.B. 11 of the 123rd 3324
General Assembly effective on April 1, 2002.3325

       Section 5703.14 of the Revised Code as amended by both Am. 3326
Sub. S.B. 3 and the version of Am. Sub. S.B. 11 of the 123rd 3327
General Assembly effective on April 1, 2002.3328

       Section 8.  This act is an emergency measure necessary for 3329
the immediate preservation of the public peace, health, and 3330
safety. The validity of existing laws providing for legislative 3331
review of rules is uncertain, there are omissions in the intended 3332
scope of recently enacted laws for reviewing, and thereby reducing 3333
or eliminating, adverse impacts of rules on businesses, and 3334
existing laws providing for rule-making and for review of rules 3335
are miscodified, anachronistic, and otherwise uncertain. This act 3336
attempts to cure the uncertain validity better to ensure that 3337
rules are consistent with their authorizing statutes, its cure of 3338
the omission in the intended scope of the business review laws 3339
needs to be coordinated with the first applicability of those 3340
laws, and its reorganization, updating, and clarification of the 3341
laws providing for rule-making and for review of rules will 3342
improve the operation of those laws. Therefore this act goes into 3343
immediate effect.3344