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To amend sections 103.0511, 111.15, 117.20, 119.03, | 1 |
119.032, 121.39, 122.08, 122.081, 122.94, and | 2 |
1710.02; to enact sections 107.51, 107.52, 107.53, | 3 |
107.54, 107.55, 107.61, 107.62, 107.63, 121.81, | 4 |
121.82, 121.83, and 121.91; and to repeal section | 5 |
121.24 of the Revised Code to adopt a new business | 6 |
rule review procedure. | 7 |
Section 1. That sections 103.0511, 111.15, 117.20, 119.03, | 8 |
119.032, 121.39, 122.08, 122.081, 122.94, and 1710.02 be amended | 9 |
and that sections 107.51, 107.52, 107.53, 107.54, 107.55, 107.61, | 10 |
107.62, 107.63, 121.81, 121.82, 121.83, and 121.91 of the Revised | 11 |
Code be enacted to read as follows: | 12 |
Sec. 103.0511. The director of the legislative service | 13 |
commission shall establish and maintain, and enhance and improve, | 14 |
an electronic rule-filing system connecting: | 15 |
(A) The legislative service commission, the joint committee | 16 |
on agency rule review, and the secretary of state | 17 |
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(B) The governor, the senate and house of representatives, | 19 |
and the clerks of the senate and house of representatives; | 20 |
(C) Each agency that files rules and other rule-making and | 21 |
rule-related documents with the legislative service commission, | 22 |
the joint committee on agency rule review, the governor, the | 23 |
secretary of state, | 24 |
assembly, or a committee of the senate or house of representatives | 25 |
under section 111.15, 117.20, 119.03, 119.031, 119.032, 119.0311, | 26 |
119.04, 121.24, 121.39, 127.18, 4141.14, 5117.02, or 5703.14 of | 27 |
the Revised Code or any other statute; | 28 |
(D) The several publishers of the Administrative Code; | 29 |
(E) The common sense initiative office; and | 30 |
(F) Any other person or governmental officer or entity whose | 31 |
inclusion in the system is required for the system to be a | 32 |
complete electronic rule-filing system. | 33 |
The electronic rule-filing system is to enable rules and | 34 |
rule-making and rule-related documents to be filed, and official | 35 |
responses to these filings to be made, exclusively by electronic | 36 |
means. | 37 |
Sec. 107.51. As used in sections 107.51 to 107.55 of the | 38 |
Revised Code, "agency" and "draft rule" have the meanings defined | 39 |
in section 121.81 of the Revised Code. | 40 |
Sections 107.51 to 107.55 and 107.61 to 107.63 of the Revised | 41 |
Code are complementary to sections 121.81 to 121.83 of the Revised | 42 |
Code. | 43 |
Sec. 107.52. A draft rule that affects businesses has an | 44 |
adverse impact on businesses if a provision of the draft rule that | 45 |
applies to businesses has any of the following effects: | 46 |
(A) It requires a license, permit, or any other prior | 47 |
authorization to engage in or operate a line of business; | 48 |
(B) It imposes a criminal penalty, a civil penalty, or | 49 |
another sanction, or creates a cause of action, for failure to | 50 |
comply with its terms; or | 51 |
(C) It requires specific expenditures or the report of | 52 |
information as a condition of compliance. | 53 |
Sec. 107.53. The common sense initiative office shall | 54 |
develop, and as it becomes necessary or advisable shall improve, a | 55 |
business impact analysis instrument that shall be used as required | 56 |
by law to evaluate draft rules that might have an adverse impact | 57 |
on businesses. The instrument shall be in writing, and shall | 58 |
include the following: | 59 |
(A) Standards that encourage agencies to propose draft rules, | 60 |
and proposed revisions thereto, in such a manner that the rules | 61 |
will be as easy to understand as their subject matter permits; | 62 |
(B) Performance measures that can be applied to evaluate the | 63 |
likely efficiency and effectiveness of a draft rule in achieving | 64 |
its regulatory objectives; | 65 |
(C) Standards for evaluating alternative means of regulation | 66 |
that might reduce or eliminate the adverse impact a draft rule | 67 |
might have on businesses; | 68 |
(D) Standards that will promote transparency, predictability, | 69 |
consistency, and flexibility in the implementation and operation | 70 |
of a draft rule, as well as an overall balance in a draft rule | 71 |
between its regulatory objectives and the costs of compliance it | 72 |
imposes on regulated persons; | 73 |
(E) Standards that require an agency to encourage businesses | 74 |
that might be adversely impacted by a draft rule to participate in | 75 |
the rule-making process, beginning at the earliest practicable | 76 |
stage, and that will encourage businesses that are or may be | 77 |
adversely impacted by a draft rule to offer advice and assistance | 78 |
to the agency when the draft rule is adopted and is being | 79 |
implemented and administered; and | 80 |
(F) Any other standards or measures, or any other criteria, | 81 |
the office concludes will reduce or eliminate adverse impacts on | 82 |
businesses and foster improved regulation and economic development | 83 |
in the state. | 84 |
Alternative means of regulation include, and are not limited | 85 |
to, less stringent compliance or reporting requirements, less | 86 |
stringent schedules or deadlines, consolidation or simplification | 87 |
of requirements, establishment of performance standards to replace | 88 |
operational standards, and exemption of businesses. | 89 |
The instrument does not need to be adopted as a rule. The | 90 |
office shall publish the current instrument in the register of | 91 |
Ohio. | 92 |
Sec. 107.54. When the common sense initiative office receives | 93 |
a draft rule and business impact analysis from an agency, the | 94 |
office shall evaluate the draft rule and analysis against the | 95 |
business impact analysis instrument and any other relevant | 96 |
criteria, and may prepare and transmit recommendations to the | 97 |
agency on how the draft rule might be revised to eliminate or | 98 |
reduce any adverse impact the draft rule might have on businesses. | 99 |
The office shall transmit any such recommendations | 100 |
electronically to the agency. If the office fails to make such a | 101 |
transmission after receiving the draft rule and business impact | 102 |
analysis, it is as if the office had elected not to make any | 103 |
recommendations. | 104 |
Sec. 107.55. The common sense initiative office, annually not | 105 |
later than the first day of February, shall prepare a report of | 106 |
the activities of the office during the preceding calendar year. | 107 |
The report shall include: | 108 |
(A) A statement of the number of draft rules reviewed during | 109 |
the calendar year; | 110 |
(B) A description of the recommendations made to agencies | 111 |
with regard to draft rules; | 112 |
(C) An assessment of the status of the recommendations made; | 113 |
(D) An explanation of the performance measures developed to | 114 |
evaluate the efficiency and effectiveness of the office; | 115 |
(E) An evaluation of the work of the office judged against | 116 |
the performance measures; and | 117 |
(F) Any other information the office believes will explain | 118 |
the work of the office. | 119 |
The office shall transmit a copy of the report to the | 120 |
governor, the lieutenant governor, the president and minority | 121 |
leader of the senate, and the speaker and minority leader of the | 122 |
house of representatives. | 123 |
Sec. 107.61. The common sense initiative office is | 124 |
established within the office of the governor. The governor shall | 125 |
organize, and as it becomes necessary or advisable may | 126 |
re-organize, the office. The governor shall appoint professional, | 127 |
technical, and clerical personnel who are necessary if the work of | 128 |
the office is to be carried out efficiently and successfully. The | 129 |
employees are in the unclassified service and serve at the | 130 |
pleasure of the governor. The governor shall provide the office | 131 |
with office space, and with furnishings, equipment, and resources, | 132 |
as is necessary if the work of the office is to be carried out | 133 |
efficiently and successfully. References in law authorizing or | 134 |
requiring action by the "common sense initiative office" imply | 135 |
action being taken by relevant personnel of the office. The | 136 |
governor may delegate any or all of the governor's | 137 |
responsibilities under this section as the governor deems | 138 |
appropriate. | 139 |
Sec. 107.62. The common sense initiative office shall | 140 |
establish a system through which any person may comment | 141 |
concerning: | 142 |
(A) The adverse impact on businesses a draft rule might have; | 143 |
(B) The adverse impact on businesses that a rule currently in | 144 |
effect is having; or | 145 |
(C) The adverse impact on businesses the implementation or | 146 |
administration of a rule currently in effect is having. | 147 |
The office shall prepare a plan for the comment system, and | 148 |
shall revise or replace the plan to improve the comment system in | 149 |
light of learning, experience, or technological development. The | 150 |
office shall publish the current plan for the comment system in | 151 |
the register of Ohio. | 152 |
At a minimum, the plan for the comment system shall provide | 153 |
for communication of comments as follows: The office shall accept | 154 |
comments in writing that are delivered to the office personally, | 155 |
by mail, or by express. The office shall establish a toll-free | 156 |
telephone number that a person may call to offer comments. (The | 157 |
telephone number shall be connected to a recording device at its | 158 |
answering point.) The office shall create a web site that enables | 159 |
a person to offer comments electronically. The web site also shall | 160 |
provide notification to the public of any draft rule that may have | 161 |
an adverse impact on businesses, which notification shall include | 162 |
copies of the draft rule and the business impact analysis of the | 163 |
draft rule. | 164 |
The office shall forward written, telephoned, and | 165 |
electronically transmitted comments to the state agency having | 166 |
jurisdiction over the rule. The office has no other duty with | 167 |
regard to the comments. | 168 |
Sec. 107.63. As used in this section, "small business" means | 169 |
an independently owned and operated for-profit or nonprofit | 170 |
business entity, including affiliates, that has fewer than five | 171 |
hundred full time employees or gross annual sales of less than six | 172 |
million dollars, and has operations located in the state. | 173 |
The small business advisory council is established in the | 174 |
office of the governor. The council shall advise the governor, the | 175 |
lieutenant governor, and the common sense initiative office on the | 176 |
adverse impact draft rules might have on small businesses. The | 177 |
council shall meet at least quarterly. | 178 |
The council consists of nine members. The governor, or the | 179 |
person to whom the governor has delegated responsibilities for the | 180 |
common sense initiative office under section 107.61 of the Revised | 181 |
Code, shall appoint five members, the president of the senate | 182 |
shall appoint two members, and the speaker of the house of | 183 |
representatives shall appoint two members. A member serves at the | 184 |
pleasure of the member's appointing authority. The appointing | 185 |
authorities shall consult with each other and appoint only | 186 |
individuals who are representative of small businesses, and shall | 187 |
do so in such a manner that the membership of the council is | 188 |
composed of representatives of small businesses that are of | 189 |
different sizes, engaged in different lines of business, and | 190 |
located in different parts of the state. | 191 |
Sec. 111.15. (A) As used in this section: | 192 |
(1) "Rule" includes any rule, regulation, bylaw, or standard | 193 |
having a general and uniform operation adopted by an agency under | 194 |
the authority of the laws governing the agency; any appendix to a | 195 |
rule; and any internal management rule. "Rule" does not include | 196 |
any guideline adopted pursuant to section 3301.0714 of the Revised | 197 |
Code, any order respecting the duties of employees, any finding, | 198 |
any determination of a question of law or fact in a matter | 199 |
presented to an agency, or any rule promulgated pursuant to | 200 |
Chapter 119., section 4141.14, division (C)(1) or (2) of section | 201 |
5117.02, or section 5703.14 of the Revised Code. "Rule" includes | 202 |
any amendment or rescission of a rule. | 203 |
(2) "Agency" means any governmental entity of the state and | 204 |
includes, but is not limited to, any board, department, division, | 205 |
commission, bureau, society, council, institution, state college | 206 |
or university, community college district, technical college | 207 |
district, or state community college. "Agency" does not include | 208 |
the general assembly, the controlling board, the adjutant | 209 |
general's department, or any court. | 210 |
(3) "Internal management rule" means any rule, regulation, | 211 |
bylaw, or standard governing the day-to-day staff procedures and | 212 |
operations within an agency. | 213 |
(4) "Substantive revision" has the same meaning as in | 214 |
division (J) of section 119.01 of the Revised Code. | 215 |
(B)(1) Any rule, other than a rule of an emergency nature, | 216 |
adopted by any agency pursuant to this section shall be effective | 217 |
on the tenth day after the day on which the rule in final form and | 218 |
in compliance with division (B)(3) of this section is filed as | 219 |
follows: | 220 |
(a) The rule shall be filed in electronic form with both the | 221 |
secretary of state and the director of the legislative service | 222 |
commission; | 223 |
(b) The rule shall be filed in electronic form with the joint | 224 |
committee on agency rule review. Division (B)(1)(b) of this | 225 |
section does not apply to any rule to which division (D) of this | 226 |
section does not apply. | 227 |
An agency that adopts or amends a rule that is subject to | 228 |
division (D) of this section shall assign a review date to the | 229 |
rule that is not later than five years after its effective date. | 230 |
If no review date is assigned to a rule, or if a review date | 231 |
assigned to a rule exceeds the five-year maximum, the review date | 232 |
for the rule is five years after its effective date. A rule with a | 233 |
review date is subject to review under section 119.032 of the | 234 |
Revised Code. This paragraph does not apply to a rule of a state | 235 |
college or university, community college district, technical | 236 |
college district, or state community college. | 237 |
If all filings are not completed on the same day, the rule | 238 |
shall be effective on the tenth day after the day on which the | 239 |
latest filing is completed. If an agency in adopting a rule | 240 |
designates an effective date that is later than the effective date | 241 |
provided for by division (B)(1) of this section, the rule if filed | 242 |
as required by such division shall become effective on the later | 243 |
date designated by the agency. | 244 |
Any rule that is required to be filed under division (B)(1) | 245 |
of this section is also subject to division (D) of this section if | 246 |
not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), or | 247 |
(8) of this section. | 248 |
If a rule incorporates a text or other material by reference, | 249 |
the agency shall comply with sections 121.71 to 121.76 of the | 250 |
Revised Code. | 251 |
(2) A rule of an emergency nature necessary for the immediate | 252 |
preservation of the public peace, health, or safety shall state | 253 |
the reasons for the necessity. The emergency rule, in final form | 254 |
and in compliance with division (B)(3) of this section, shall be | 255 |
filed in electronic form with the secretary of state, the director | 256 |
of the legislative service commission, and the joint committee on | 257 |
agency rule review. The emergency rule is effective immediately | 258 |
upon completion of the latest filing, except that if the agency in | 259 |
adopting the emergency rule designates an effective date, or date | 260 |
and time of day, that is later than the effective date and time | 261 |
provided for by division (B)(2) of this section, the emergency | 262 |
rule if filed as required by such division shall become effective | 263 |
at the later date, or later date and time of day, designated by | 264 |
the agency. | 265 |
An emergency rule becomes invalid at the end of the ninetieth | 266 |
day it is in effect. Prior to that date, the agency may file the | 267 |
emergency rule as a nonemergency rule in compliance with division | 268 |
(B)(1) of this section. The agency may not refile the emergency | 269 |
rule in compliance with division (B)(2) of this section so that, | 270 |
upon the emergency rule becoming invalid under such division, the | 271 |
emergency rule will continue in effect without interruption for | 272 |
another ninety-day period. | 273 |
(3) An agency shall file a rule under division (B)(1) or (2) | 274 |
of this section in compliance with the following standards and | 275 |
procedures: | 276 |
(a) The rule shall be numbered in accordance with the | 277 |
numbering system devised by the director for the Ohio | 278 |
administrative code. | 279 |
(b) The rule shall be prepared and submitted in compliance | 280 |
with the rules of the legislative service commission. | 281 |
(c) The rule shall clearly state the date on which it is to | 282 |
be effective and the date on which it will expire, if known. | 283 |
(d) Each rule that amends or rescinds another rule shall | 284 |
clearly refer to the rule that is amended or rescinded. Each | 285 |
amendment shall fully restate the rule as amended. | 286 |
If the director of the legislative service commission or the | 287 |
director's designee gives an agency notice pursuant to section | 288 |
103.05 of the Revised Code that a rule filed by the agency is not | 289 |
in compliance with the rules of the legislative service | 290 |
commission, the agency shall within thirty days after receipt of | 291 |
the notice conform the rule to the rules of the commission as | 292 |
directed in the notice. | 293 |
(C) All rules filed pursuant to divisions (B)(1)(a) and (2) | 294 |
of this section shall be recorded by the secretary of state and | 295 |
the director under the title of the agency adopting the rule and | 296 |
shall be numbered according to the numbering system devised by the | 297 |
director. The secretary of state and the director shall preserve | 298 |
the rules in an accessible manner. Each such rule shall be a | 299 |
public record open to public inspection and may be transmitted to | 300 |
any law publishing company that wishes to reproduce it. | 301 |
(D) At least sixty-five days before a board, commission, | 302 |
department, division, or bureau of the government of the state | 303 |
files a rule under division (B)(1) of this section, it shall file | 304 |
the full text of the proposed rule in electronic form with the | 305 |
joint committee on agency rule review, and the proposed rule is | 306 |
subject to legislative review and invalidation under division (I) | 307 |
of section 119.03 of the Revised Code. If a state board, | 308 |
commission, department, division, or bureau makes a substantive | 309 |
revision in a proposed rule after it is filed with the joint | 310 |
committee, the state board, commission, department, division, or | 311 |
bureau shall promptly file the full text of the proposed rule in | 312 |
its revised form in electronic form with the joint committee. The | 313 |
latest version of a proposed rule as filed with the joint | 314 |
committee supersedes each earlier version of the text of the same | 315 |
proposed rule. Except as provided in division (F) of this section, | 316 |
a state board, commission, department, division, or bureau shall | 317 |
also file the rule summary and fiscal analysis prepared under | 318 |
section | 319 |
electronic form along with a proposed rule, and along with a | 320 |
proposed rule in revised form, that is filed under this division. | 321 |
If a proposed rule has an adverse impact on businesses, the state | 322 |
board, commission, department, division, or bureau also shall file | 323 |
the business impact analysis, any recommendations received from | 324 |
the common sense initiative office, and the associated memorandum | 325 |
of response, if any, in electronic form along with the proposed | 326 |
rule, or the proposed rule in revised form, that is filed under | 327 |
this division. | 328 |
As used in this division, "commission" includes the public | 329 |
utilities commission when adopting rules under a federal or state | 330 |
statute. | 331 |
This division does not apply to any of the following: | 332 |
(1) A proposed rule of an emergency nature; | 333 |
(2) A rule proposed under section 1121.05, 1121.06, 1155.18, | 334 |
1163.22, 1349.33, 1707.201, 1733.412, 4123.29, 4123.34, 4123.341, | 335 |
4123.342, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised | 336 |
Code; | 337 |
(3) A rule proposed by an agency other than a board, | 338 |
commission, department, division, or bureau of the government of | 339 |
the state; | 340 |
(4) A proposed internal management rule of a board, | 341 |
commission, department, division, or bureau of the government of | 342 |
the state; | 343 |
(5) Any proposed rule that must be adopted verbatim by an | 344 |
agency pursuant to federal law or rule, to become effective within | 345 |
sixty days of adoption, in order to continue the operation of a | 346 |
federally reimbursed program in this state, so long as the | 347 |
proposed rule contains both of the following: | 348 |
(a) A statement that it is proposed for the purpose of | 349 |
complying with a federal law or rule; | 350 |
(b) A citation to the federal law or rule that requires | 351 |
verbatim compliance. | 352 |
(6) An initial rule proposed by the director of health to | 353 |
impose safety standards and quality-of-care standards with respect | 354 |
to a health service specified in section 3702.11 of the Revised | 355 |
Code, or an initial rule proposed by the director to impose | 356 |
quality standards on a facility listed in division (A)(4) of | 357 |
section 3702.30 of the Revised Code, if section 3702.12 of the | 358 |
Revised Code requires that the rule be adopted under this section; | 359 |
(7) A rule of the state lottery commission pertaining to | 360 |
instant game rules. | 361 |
If a rule is exempt from legislative review under division | 362 |
(D)(5) of this section, and if the federal law or rule pursuant to | 363 |
which the rule was adopted expires, is repealed or rescinded, or | 364 |
otherwise terminates, the rule is thereafter subject to | 365 |
legislative review under division (D) of this section. | 366 |
(E) Whenever a state board, commission, department, division, | 367 |
or bureau files a proposed rule or a proposed rule in revised form | 368 |
under division (D) of this section, it shall also file the full | 369 |
text of the same proposed rule or proposed rule in revised form in | 370 |
electronic form with the secretary of state and the director of | 371 |
the legislative service commission. Except as provided in division | 372 |
(F) of this section, a state board, commission, department, | 373 |
division, or bureau shall file the rule summary and fiscal | 374 |
analysis prepared under section | 375 |
Code | 376 |
proposed rule in revised form that is filed with the secretary of | 377 |
state or the director of the legislative service commission. | 378 |
(F) Except as otherwise provided in this division, the | 379 |
auditor of state or the auditor of state's designee is not | 380 |
required to file a rule summary and fiscal analysis along with a | 381 |
proposed rule, or proposed rule in revised form, that the auditor | 382 |
of state proposes under section 117.12, 117.19, 117.38, or 117.43 | 383 |
of the Revised Code and files under division (D) or (E) of this | 384 |
section. | 385 |
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Sec. 117.20. (A) In adopting rules pursuant to Chapter 117. | 392 |
of the Revised Code, the auditor of state or the auditor of | 393 |
state's designee shall do both of the following: | 394 |
(1) Before adopting any such rule, except a rule of an | 395 |
emergency nature, do each of the following: | 396 |
(a) At least thirty-five days before any public hearing on | 397 |
the proposed rule-making action, mail notice of the hearing to | 398 |
each public office and to each statewide organization that the | 399 |
auditor of state or designee determines will be affected or | 400 |
represents persons who will be affected by the proposed | 401 |
rule-making action; | 402 |
(b) Mail a copy of the proposed rule to any person or | 403 |
organization that requests a copy within five days after receipt | 404 |
of the request; | 405 |
(c) Consult with appropriate state and local government | 406 |
agencies, or with persons representative of their interests, | 407 |
including statewide organizations of local government officials, | 408 |
and consult with accounting professionals and other interested | 409 |
persons; | 410 |
(d) Conduct, on the date and at the time and place designated | 411 |
in the notice, a public hearing at which any person affected by | 412 |
the proposed rule, including statewide organizations of local | 413 |
government officials, may appear and be heard in person, by | 414 |
attorney, or both, and may present the person's or organization's | 415 |
position or contentions orally or in writing. | 416 |
(2) Except as otherwise provided in division (A)(2) of this | 417 |
section, comply with divisions (B) to (E) of section 111.15 of the | 418 |
Revised Code. The auditor of state is not required to file a rule | 419 |
summary and fiscal analysis along with any copy of a proposed | 420 |
rule, or proposed rule in revised form, that is filed with the | 421 |
joint committee on agency rule review, the secretary of state, or | 422 |
the director of the legislative service commission under division | 423 |
(D) or (E) of section 111.15 of the Revised Code | 424 |
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(B) The auditor of state shall diligently discharge the | 432 |
duties imposed by divisions (A)(1)(a), (b), and (c) of this | 433 |
section, but failure to mail any notice or copy of a proposed | 434 |
rule, or to consult with any person or organization, shall not | 435 |
invalidate any rule. | 436 |
(C) Notwithstanding any contrary provision of the Revised | 437 |
Code, the auditor of state may prepare and disseminate, to public | 438 |
offices and other interested persons and organizations, advisory | 439 |
bulletins, directives, and instructions relating to accounting and | 440 |
financial reporting systems, budgeting procedures, fiscal | 441 |
controls, and the constructions by the auditor of state of | 442 |
constitutional and statutory provisions, court decisions, and | 443 |
opinions of the attorney general. The bulletins, directives, and | 444 |
instructions shall be of an advisory nature only. | 445 |
(D) As used in this section, "rule" includes the adoption, | 446 |
amendment, or rescission of a rule. | 447 |
Sec. 119.03. In the adoption, amendment, or rescission of | 448 |
any rule, an agency shall comply with the following procedure: | 449 |
(A) Reasonable public notice shall be given in the register | 450 |
of Ohio at least thirty days prior to the date set for a hearing, | 451 |
in the form the agency determines. The agency shall file copies of | 452 |
the public notice under division (B) of this section. (The agency | 453 |
gives public notice in the register of Ohio when the public notice | 454 |
is published in the register under that division.) | 455 |
The public notice shall include: | 456 |
(1) A statement of the agency's intention to consider | 457 |
adopting, amending, or rescinding a rule; | 458 |
(2) A synopsis of the proposed rule, amendment, or rule to be | 459 |
rescinded or a general statement of the subject matter to which | 460 |
the proposed rule, amendment, or rescission relates; | 461 |
(3) A statement of the reason or purpose for adopting, | 462 |
amending, or rescinding the rule; | 463 |
(4) The date, time, and place of a hearing on the proposed | 464 |
action, which shall be not earlier than the thirty-first nor later | 465 |
than the fortieth day after the proposed rule, amendment, or | 466 |
rescission is filed under division (B) of this section. | 467 |
In addition to public notice given in the register of Ohio, | 468 |
the agency may give whatever other notice it reasonably considers | 469 |
necessary to ensure notice constructively is given to all persons | 470 |
who are subject to or affected by the proposed rule, amendment, or | 471 |
rescission. | 472 |
The agency shall provide a copy of the public notice required | 473 |
under division (A) of this section to any person who requests it | 474 |
and pays a reasonable fee, not to exceed the cost of copying and | 475 |
mailing. | 476 |
(B) The full text of the proposed rule, amendment, or rule to | 477 |
be rescinded, accompanied by the public notice required under | 478 |
division (A) of this section, shall be filed in electronic form | 479 |
with the secretary of state and with the director of the | 480 |
legislative service commission. (If in compliance with this | 481 |
division an agency files more than one proposed rule, amendment, | 482 |
or rescission at the same time, and has prepared a public notice | 483 |
under division (A) of this section that applies to more than one | 484 |
of the proposed rules, amendments, or rescissions, the agency | 485 |
shall file only one notice with the secretary of state and with | 486 |
the director for all of the proposed rules, amendments, or | 487 |
rescissions to which the notice applies.) The proposed rule, | 488 |
amendment, or rescission and public notice shall be filed as | 489 |
required by this division at least sixty-five days prior to the | 490 |
date on which the agency, in accordance with division (D) of this | 491 |
section, issues an order adopting the proposed rule, amendment, or | 492 |
rescission. | 493 |
If the proposed rule, amendment, or rescission incorporates a | 494 |
text or other material by reference, the agency shall comply with | 495 |
sections 121.71 to 121.76 of the Revised Code. | 496 |
The proposed rule, amendment, or rescission shall be | 497 |
available for at least thirty days prior to the date of the | 498 |
hearing at the office of the agency in printed or other legible | 499 |
form without charge to any person affected by the proposal. | 500 |
Failure to furnish such text to any person requesting it shall not | 501 |
invalidate any action of the agency in connection therewith. | 502 |
If the agency files a substantive revision in the text of the | 503 |
proposed rule, amendment, or rescission under division (H) of this | 504 |
section, it shall also promptly file the full text of the proposed | 505 |
rule, amendment, or rescission in its revised form in electronic | 506 |
form with the secretary of state and with the director of the | 507 |
legislative service commission. | 508 |
The agency shall file the rule summary and fiscal analysis | 509 |
prepared under section | 510 |
511 | |
rescission or proposed rule, amendment, or rescission in revised | 512 |
form that is filed with the secretary of state or the director of | 513 |
the legislative service commission. | 514 |
The director of the legislative service commission shall | 515 |
publish in the register of Ohio the full text of the original and | 516 |
each revised version of a proposed rule, amendment, or rescission; | 517 |
the full text of a public notice; and the full text of a rule | 518 |
summary and fiscal analysis that is filed with the director under | 519 |
this division. | 520 |
(C) On the date and at the time and place designated in the | 521 |
notice, the agency shall conduct a public hearing at which any | 522 |
person affected by the proposed action of the agency may appear | 523 |
and be heard in person, by the person's attorney, or both, may | 524 |
present the person's position, arguments, or contentions, orally | 525 |
or in writing, offer and examine witnesses, and present evidence | 526 |
tending to show that the proposed rule, amendment, or rescission, | 527 |
if adopted or effectuated, will be unreasonable or unlawful. An | 528 |
agency may permit persons affected by the proposed rule, | 529 |
amendment, or rescission to present their positions, arguments, or | 530 |
contentions in writing, not only at the hearing, but also for a | 531 |
reasonable period before, after, or both before and after the | 532 |
hearing. A person who presents a position or arguments or | 533 |
contentions in writing before or after the hearing is not required | 534 |
to appear at the hearing. | 535 |
At the hearing, the testimony shall be recorded. Such record | 536 |
shall be made at the expense of the agency. The agency is required | 537 |
to transcribe a record that is not sight readable only if a person | 538 |
requests transcription of all or part of the record and agrees to | 539 |
reimburse the agency for the costs of the transcription. An agency | 540 |
may require the person to pay in advance all or part of the cost | 541 |
of the transcription. | 542 |
In any hearing under this section the agency may administer | 543 |
oaths or affirmations. | 544 |
(D) After complying with divisions (A), (B), (C), and (H) of | 545 |
this section, and when the time for legislative review and | 546 |
invalidation under division (I) of this section has expired, the | 547 |
agency may issue an order adopting the proposed rule or the | 548 |
proposed amendment or rescission of the rule, consistent with the | 549 |
synopsis or general statement included in the public notice. At | 550 |
that time the agency shall designate the effective date of the | 551 |
rule, amendment, or rescission, which shall not be earlier than | 552 |
the tenth day after the rule, amendment, or rescission has been | 553 |
filed in its final form as provided in section 119.04 of the | 554 |
Revised Code. | 555 |
(E) Prior to the effective date of a rule, amendment, or | 556 |
rescission, the agency shall make a reasonable effort to inform | 557 |
those affected by the rule, amendment, or rescission and to have | 558 |
available for distribution to those requesting it the full text of | 559 |
the rule as adopted or as amended. | 560 |
(F) If the governor, upon the request of an agency, | 561 |
determines that an emergency requires the immediate adoption, | 562 |
amendment, or rescission of a rule, the governor shall issue an | 563 |
order, the text of which shall be filed in electronic form with | 564 |
the agency, the secretary of state, the director of the | 565 |
legislative service commission, and the joint committee on agency | 566 |
rule review, that the procedure prescribed by this section with | 567 |
respect to the adoption, amendment, or rescission of a specified | 568 |
rule is suspended. The agency may then adopt immediately the | 569 |
emergency rule, amendment, or rescission and it becomes effective | 570 |
on the date the rule, amendment, or rescission, in final form and | 571 |
in compliance with division (A)(2) of section 119.04 of the | 572 |
Revised Code, | 573 |
of state, the director of the legislative service commission, and | 574 |
the joint committee on agency rule review. If all filings are not | 575 |
completed on the same day, the emergency rule, amendment, or | 576 |
rescission shall be effective on the day on which the latest | 577 |
filing is completed. The director shall publish the full text of | 578 |
the emergency rule, amendment, or rescission in the register of | 579 |
Ohio. | 580 |
The emergency rule, amendment, or rescission shall become | 581 |
invalid at the end of the ninetieth day it is in effect. Prior to | 582 |
that date the agency may adopt the emergency rule, amendment, or | 583 |
rescission as a nonemergency rule, amendment, or rescission by | 584 |
complying with the procedure prescribed by this section for the | 585 |
adoption, amendment, and rescission of nonemergency rules. The | 586 |
agency shall not use the procedure of this division to readopt the | 587 |
emergency rule, amendment, or rescission so that, upon the | 588 |
emergency rule, amendment, or rescission becoming invalid under | 589 |
this division, the emergency rule, amendment, or rescission will | 590 |
continue in effect without interruption for another ninety-day | 591 |
period, except when division (I)(2)(a) of this section prevents | 592 |
the agency from adopting the emergency rule, amendment, or | 593 |
rescission as a nonemergency rule, amendment, or rescission within | 594 |
the ninety-day period. | 595 |
This division does not apply to the adoption of any emergency | 596 |
rule, amendment, or rescission by the tax commissioner under | 597 |
division (C)(2) of section 5117.02 of the Revised Code. | 598 |
(G) Rules adopted by an authority within the department of | 599 |
job and family services for the administration or enforcement of | 600 |
Chapter 4141. of the Revised Code or of the department of taxation | 601 |
shall be effective without a hearing as provided by this section | 602 |
if the statutes pertaining to such agency specifically give a | 603 |
right of appeal to the board of tax appeals or to a higher | 604 |
authority within the agency or to a court, and also give the | 605 |
appellant a right to a hearing on such appeal. This division does | 606 |
not apply to the adoption of any rule, amendment, or rescission by | 607 |
the tax commissioner under division (C)(1) or (2) of section | 608 |
5117.02 of the Revised Code, or deny the right to file an action | 609 |
for declaratory judgment as provided in Chapter 2721. of the | 610 |
Revised Code from the decision of the board of tax appeals or of | 611 |
the higher authority within such agency. | 612 |
(H) When any agency files a proposed rule, amendment, or | 613 |
rescission under division (B) of this section, it shall also file | 614 |
in electronic form with the joint committee on agency rule review | 615 |
the full text of the proposed rule, amendment, or rule to be | 616 |
rescinded in the same form and the public notice required under | 617 |
division (A) of this section. (If in compliance with this division | 618 |
an agency files more than one proposed rule, amendment, or | 619 |
rescission at the same time, and has given a public notice under | 620 |
division (A) of this section that applies to more than one of the | 621 |
proposed rules, amendments, or rescissions, the agency shall file | 622 |
only one notice with the joint committee for all of the proposed | 623 |
rules, amendments, or rescissions to which the notice applies.) If | 624 |
the agency makes a substantive revision in a proposed rule, | 625 |
amendment, or rescission after it is filed with the joint | 626 |
committee, the agency shall promptly file the full text of the | 627 |
proposed rule, amendment, or rescission in its revised form in | 628 |
electronic form with the joint committee. The latest version of a | 629 |
proposed rule, amendment, or rescission as filed with the joint | 630 |
committee supersedes each earlier version of the text of the same | 631 |
proposed rule, amendment, or rescission. An agency shall file the | 632 |
rule summary and fiscal analysis prepared under section | 633 |
127.18 of the Revised Code | 634 |
a proposed rule, amendment, or rescission, and along with a | 635 |
proposed rule, amendment, or rescission in revised form, that is | 636 |
filed under this division. If a proposed rule, amendment, or | 637 |
rescission has an adverse impact on businesses, the agency also | 638 |
shall file the business impact analysis, any recommendations | 639 |
received from the common sense initiative office, and the agency's | 640 |
memorandum of response, if any, in electronic form along with the | 641 |
proposed rule, amendment, or rescission, or along with the | 642 |
proposed rule, amendment, or rescission in revised form, that is | 643 |
filed under this division. | 644 |
This division does not apply to: | 645 |
(1) An emergency rule, amendment, or rescission; | 646 |
(2) Any proposed rule, amendment, or rescission that must be | 647 |
adopted verbatim by an agency pursuant to federal law or rule, to | 648 |
become effective within sixty days of adoption, in order to | 649 |
continue the operation of a federally reimbursed program in this | 650 |
state, so long as the proposed rule contains both of the | 651 |
following: | 652 |
(a) A statement that it is proposed for the purpose of | 653 |
complying with a federal law or rule; | 654 |
(b) A citation to the federal law or rule that requires | 655 |
verbatim compliance. | 656 |
If a rule or amendment is exempt from legislative review | 657 |
under division (H)(2) of this section, and if the federal law or | 658 |
rule pursuant to which the rule or amendment was adopted expires, | 659 |
is repealed or rescinded, or otherwise terminates, the rule or | 660 |
amendment, or its rescission, is thereafter subject to legislative | 661 |
review under division (H) of this section. | 662 |
(I)(1) The joint committee on agency rule review may | 663 |
recommend the adoption of a concurrent resolution invalidating a | 664 |
proposed rule, amendment, rescission, or part thereof if it finds | 665 |
any of the following: | 666 |
(a) That the rule-making agency has exceeded the scope of its | 667 |
statutory authority in proposing the rule, amendment, or | 668 |
rescission; | 669 |
(b) That the proposed rule, amendment, or rescission | 670 |
conflicts with another rule, amendment, or rescission adopted by | 671 |
the same or a different rule-making agency; | 672 |
(c) That the proposed rule, amendment, or rescission | 673 |
conflicts with the legislative intent in enacting the statute | 674 |
under which the rule-making agency proposed the rule, amendment, | 675 |
or rescission; | 676 |
(d) That the rule-making agency has failed to prepare a | 677 |
complete and accurate rule summary and fiscal analysis of the | 678 |
proposed rule, amendment, or rescission as required by section | 679 |
680 |
(e) That the proposed rule, amendment, or rescission | 681 |
incorporates a text or other material by reference and either the | 682 |
rule-making agency has failed to file the text or other material | 683 |
incorporated by reference as required by section 121.73 of the | 684 |
Revised Code or, in the case of a proposed rule or amendment, the | 685 |
incorporation by reference fails to meet the standards stated in | 686 |
section 121.72, 121.75, or 121.76 of the Revised Code; | 687 |
(f) That the rule-making agency has failed to demonstrate | 688 |
through the business impact analysis, recommendations from the | 689 |
common sense initiative office, and the memorandum of response the | 690 |
agency has filed under division (H) of this section that the | 691 |
regulatory intent of the proposed rule, amendment, or rescission | 692 |
justifies its adverse impact on businesses in this state. | 693 |
The joint committee shall not hold its public hearing on a | 694 |
proposed rule, amendment, or rescission earlier than the | 695 |
forty-first day after the original version of the proposed rule, | 696 |
amendment, or rescission was filed with the joint committee. | 697 |
The house of representatives and senate may adopt a | 698 |
concurrent resolution invalidating a proposed rule, amendment, | 699 |
rescission, or part thereof. The concurrent resolution shall state | 700 |
which of the specific rules, amendments, rescissions, or parts | 701 |
thereof are invalidated. A concurrent resolution invalidating a | 702 |
proposed rule, amendment, or rescission shall be adopted not later | 703 |
than the sixty-fifth day after the original version of the text of | 704 |
the proposed rule, amendment, or rescission is filed with the | 705 |
joint committee, except that if more than thirty-five days after | 706 |
the original version is filed the rule-making agency either files | 707 |
a revised version of the text of the proposed rule, amendment, or | 708 |
rescission, or revises the rule summary and fiscal analysis in | 709 |
accordance with division (I)(4) of this section, a concurrent | 710 |
resolution invalidating the proposed rule, amendment, or | 711 |
rescission shall be adopted not later than the thirtieth day after | 712 |
the revised version of the proposed rule or rule summary and | 713 |
fiscal analysis is filed. If, after the joint committee on agency | 714 |
rule review recommends the adoption of a concurrent resolution | 715 |
invalidating a proposed rule, amendment, rescission, or part | 716 |
thereof, the house of representatives or senate does not, within | 717 |
the time remaining for adoption of the concurrent resolution, hold | 718 |
five floor sessions at which its journal records a roll call vote | 719 |
disclosing a sufficient number of members in attendance to pass a | 720 |
bill, the time within which that house may adopt the concurrent | 721 |
resolution is extended until it has held five such floor sessions. | 722 |
Within five days after the adoption of a concurrent | 723 |
resolution invalidating a proposed rule, amendment, rescission, or | 724 |
part thereof, the clerk of the senate shall send the rule-making | 725 |
agency, the secretary of state, and the director of the | 726 |
legislative service commission in electronic form a certified text | 727 |
of the resolution together with a certification stating the date | 728 |
on which the resolution takes effect. The secretary of state and | 729 |
the director of the legislative service commission shall each note | 730 |
the invalidity of the proposed rule, amendment, rescission, or | 731 |
part thereof, and shall each remove the invalid proposed rule, | 732 |
amendment, rescission, or part thereof from the file of proposed | 733 |
rules. The rule-making agency shall not proceed to adopt in | 734 |
accordance with division (D) of this section, or to file in | 735 |
accordance with division (B)(1) of section 111.15 of the Revised | 736 |
Code, any version of a proposed rule, amendment, rescission, or | 737 |
part thereof that has been invalidated by concurrent resolution. | 738 |
Unless the house of representatives and senate adopt a | 739 |
concurrent resolution invalidating a proposed rule, amendment, | 740 |
rescission, or part thereof within the time specified by this | 741 |
division, the rule-making agency may proceed to adopt in | 742 |
accordance with division (D) of this section, or to file in | 743 |
accordance with division (B)(1) of section 111.15 of the Revised | 744 |
Code, the latest version of the proposed rule, amendment, or | 745 |
rescission as filed with the joint committee. If by concurrent | 746 |
resolution certain of the rules, amendments, rescissions, or parts | 747 |
thereof are specifically invalidated, the rule-making agency may | 748 |
proceed to adopt, in accordance with division (D) of this section, | 749 |
or to file in accordance with division (B)(1) of section 111.15 of | 750 |
the Revised Code, the latest version of the proposed rules, | 751 |
amendments, rescissions, or parts thereof as filed with the joint | 752 |
committee that are not specifically invalidated. The rule-making | 753 |
agency may not revise or amend any proposed rule, amendment, | 754 |
rescission, or part thereof that has not been invalidated except | 755 |
as provided in this chapter or in section 111.15 of the Revised | 756 |
Code. | 757 |
(2)(a) A proposed rule, amendment, or rescission that is | 758 |
filed with the joint committee under division (H) of this section | 759 |
or division (D) of section 111.15 of the Revised Code shall be | 760 |
carried over for legislative review to the next succeeding regular | 761 |
session of the general assembly if the original or any revised | 762 |
version of the proposed rule, amendment, or rescission is filed | 763 |
with the joint committee on or after the first day of December of | 764 |
any year. | 765 |
(b) The latest version of any proposed rule, amendment, or | 766 |
rescission that is subject to division (I)(2)(a) of this section, | 767 |
as filed with the joint committee, is subject to legislative | 768 |
review and invalidation in the next succeeding regular session of | 769 |
the general assembly in the same manner as if it were the original | 770 |
version of a proposed rule, amendment, or rescission that had been | 771 |
filed with the joint committee for the first time on the first day | 772 |
of the session. A rule-making agency shall not adopt in accordance | 773 |
with division (D) of this section, or file in accordance with | 774 |
division (B)(1) of section 111.15 of the Revised Code, any version | 775 |
of a proposed rule, amendment, or rescission that is subject to | 776 |
division (I)(2)(a) of this section until the time for legislative | 777 |
review and invalidation, as contemplated by division (I)(2)(b) of | 778 |
this section, has expired. | 779 |
(3) Invalidation of any version of a proposed rule, | 780 |
amendment, rescission, or part thereof by concurrent resolution | 781 |
shall prevent the rule-making agency from instituting or | 782 |
continuing proceedings to adopt any version of the same proposed | 783 |
rule, amendment, rescission, or part thereof for the duration of | 784 |
the general assembly that invalidated the proposed rule, | 785 |
amendment, rescission, or part thereof unless the same general | 786 |
assembly adopts a concurrent resolution permitting the rule-making | 787 |
agency to institute or continue such proceedings. | 788 |
The failure of the general assembly to invalidate a proposed | 789 |
rule, amendment, rescission, or part thereof under this section | 790 |
shall not be construed as a ratification of the lawfulness or | 791 |
reasonableness of the proposed rule, amendment, rescission, or any | 792 |
part thereof or of the validity of the procedure by which the | 793 |
proposed rule, amendment, rescission, or any part thereof was | 794 |
proposed or adopted. | 795 |
(4) In lieu of recommending a concurrent resolution to | 796 |
invalidate a proposed rule, amendment, rescission, or part thereof | 797 |
because the rule-making agency has failed to prepare a complete | 798 |
and accurate fiscal analysis, the joint committee on agency rule | 799 |
review may issue, on a one-time basis, for rules, amendments, | 800 |
rescissions, or parts thereof that have a fiscal effect on school | 801 |
districts, counties, townships, or municipal corporations, a | 802 |
finding that the rule summary and fiscal analysis is incomplete or | 803 |
inaccurate and order the rule-making agency to revise the rule | 804 |
summary and fiscal analysis and refile it with the proposed rule, | 805 |
amendment, rescission, or part thereof. If an emergency rule is | 806 |
filed as a nonemergency rule before the end of the ninetieth day | 807 |
of the emergency rule's effectiveness, and the joint committee | 808 |
issues a finding and orders the rule-making agency to refile under | 809 |
division (I)(4) of this section, the governor may also issue an | 810 |
order stating that the emergency rule shall remain in effect for | 811 |
an additional sixty days after the ninetieth day of the emergency | 812 |
rule's effectiveness. The governor's orders shall be filed in | 813 |
accordance with division (F) of this section. The joint committee | 814 |
shall send in electronic form to the rule-making agency, the | 815 |
secretary of state, and the director of the legislative service | 816 |
commission a certified text of the finding and order to revise the | 817 |
rule summary and fiscal analysis, which shall take immediate | 818 |
effect. | 819 |
An order issued under division (I)(4) of this section shall | 820 |
prevent the rule-making agency from instituting or continuing | 821 |
proceedings to adopt any version of the proposed rule, amendment, | 822 |
rescission, or part thereof until the rule-making agency revises | 823 |
the rule summary and fiscal analysis and refiles it in electronic | 824 |
form with the joint committee along with the proposed rule, | 825 |
amendment, rescission, or part thereof. If the joint committee | 826 |
finds the rule summary and fiscal analysis to be complete and | 827 |
accurate, the joint committee shall issue a new order noting that | 828 |
the rule-making agency has revised and refiled a complete and | 829 |
accurate rule summary and fiscal analysis. The joint committee | 830 |
shall send in electronic form to the rule-making agency, the | 831 |
secretary of state, and the director of the legislative service | 832 |
commission a certified text of this new order. The secretary of | 833 |
state and the director of the legislative service commission shall | 834 |
each link this order to the proposed rule, amendment, rescission, | 835 |
or part thereof. The rule-making agency may then proceed to adopt | 836 |
in accordance with division (D) of this section, or to file in | 837 |
accordance with division (B)(1) of section 111.15 of the Revised | 838 |
Code, the proposed rule, amendment, rescission, or part thereof | 839 |
that was subject to the finding and order under division (I)(4) of | 840 |
this section. If the joint committee determines that the revised | 841 |
rule summary and fiscal analysis is still inaccurate or | 842 |
incomplete, the joint committee shall recommend the adoption of a | 843 |
concurrent resolution in accordance with division (I)(1) of this | 844 |
section. | 845 |
Sec. 119.032. (A) As used in this section: | 846 |
(1) "Agency" includes both an agency as defined in division | 847 |
(A)(2) of section 111.15 and an agency as defined in division (A) | 848 |
of section 119.01 of the Revised Code. | 849 |
(2) "Review date" means the review date assigned to a rule by | 850 |
an agency under division (B) or (E)(2) of this section or under | 851 |
section 111.15, 119.04, or 4141.14 of the Revised Code or a review | 852 |
date assigned to a rule by the joint committee on agency rule | 853 |
review under division (B) of this section. | 854 |
(3)(a) "Rule" means only a rule whose adoption, amendment, or | 855 |
rescission is subject to review under division (D) of section | 856 |
111.15 or division (H) of section 119.03 of the Revised Code. | 857 |
(b) "Rule" does not include a rule adopted, amended, or | 858 |
rescinded by the department of taxation under section 5703.14 of | 859 |
the Revised Code, a rule of a state college or university, | 860 |
community college district, technical college district, or state | 861 |
community college, or a rule that is consistent with and | 862 |
equivalent to the form required by a federal law and that does not | 863 |
exceed the minimum scope and intent of that federal law. | 864 |
(B) Not later than March 25, 1997, each agency shall assign a | 865 |
review date to each of its rules that is currently in effect and | 866 |
shall notify the joint committee on agency rule review of the | 867 |
review date for each such rule. The agency shall assign review | 868 |
dates to its rules so that approximately one-fifth of the rules | 869 |
are scheduled for review during each calendar year of the | 870 |
five-year period that begins March 25, 1997, except that an | 871 |
agency, with the joint committee's approval, may set a review | 872 |
schedule for the agency's rules in which there is no requirement | 873 |
that approximately one-fifth of the agency's rules be assigned a | 874 |
review date during each calendar year of the five-year period but | 875 |
in which all of the agency's rules are assigned a review date | 876 |
during that five-year period. An agency may change the review | 877 |
dates it has assigned to specific rules so long as the agency | 878 |
complies with the five-year time deadline specified in this | 879 |
division. | 880 |
Upon the request of the agency that adopted the rule, the | 881 |
joint committee on agency rule review may extend a review date of | 882 |
a rule to a date that is not later than one hundred eighty days | 883 |
after the original review date assigned to the rule by the agency | 884 |
under this division, division (E)(2) of this section, or section | 885 |
111.15, 119.04, or 4141.14 of the Revised Code. The joint | 886 |
committee may further extend a review date that has been extended | 887 |
under this paragraph if appropriate under the circumstances. | 888 |
(C) Prior to the review date of a rule, the agency that | 889 |
adopted the rule shall review the rule to determine all of the | 890 |
following: | 891 |
(1) Whether the rule should be continued without amendment, | 892 |
be amended, or be rescinded, taking into consideration the | 893 |
purpose, scope, and intent of the statute under which the rule was | 894 |
adopted; | 895 |
(2) Whether the rule needs amendment or rescission to give | 896 |
more flexibility at the local level; | 897 |
(3) Whether the rule needs amendment or rescission to | 898 |
eliminate unnecessary paperwork, or whether the rule incorporates | 899 |
a text or other material by reference and, if so, whether the text | 900 |
or other material incorporated by reference is deposited or | 901 |
displayed as required by section 121.74 of the Revised Code and | 902 |
whether the incorporation by reference meets the standards stated | 903 |
in sections 121.72, 121.75, and 121.76 of the Revised Code; | 904 |
(4) Whether the rule duplicates, overlaps with, or conflicts | 905 |
with other rules; | 906 |
(5) Whether the rule has an adverse impact on businesses, as | 907 |
determined under section 107.52 of the Revised Code, and whether | 908 |
any such adverse impact has been eliminated or reduced as required | 909 |
under section 121.82 of the Revised Code. | 910 |
(D) In making the review required under division (C) of this | 911 |
section, the agency shall consider the continued need for the | 912 |
rule, the nature of any complaints or comments received concerning | 913 |
the rule, and any relevant factors that have changed in the | 914 |
subject matter area affected by the rule. | 915 |
(E)(1) On or before the designated review date of a rule, the | 916 |
agency that adopted the rule shall proceed under division (E)(2) | 917 |
or (5) of this section to indicate that the agency has reviewed | 918 |
the rule. | 919 |
(2) If the agency has determined that the rule does not need | 920 |
to be amended or rescinded, the agency shall file all the | 921 |
following, in electronic form, with the joint committee on agency | 922 |
rule review, the secretary of state, and the director of the | 923 |
legislative service commission: a copy of the rule, a statement of | 924 |
the agency's determination, and an accurate rule summary and | 925 |
fiscal analysis for the rule as described in section 127.18 of the | 926 |
Revised Code. The agency shall assign a new review date to the | 927 |
rule, which shall not be later than five years after the rule's | 928 |
immediately preceding review date. After the joint committee has | 929 |
reviewed such a rule for the first time, including any rule that | 930 |
was in effect on September 26, 1996, the agency in its subsequent | 931 |
reviews of the rule may provide the same fiscal analysis it | 932 |
provided to the joint committee during its immediately preceding | 933 |
review of the rule unless any of the conditions described in | 934 |
division (B)(4), (5), (6), (8), (9), or (10) of section 127.18 of | 935 |
the Revised Code, as they relate to the rule, have appreciably | 936 |
changed since the joint committee's immediately preceding review | 937 |
of the rule. If any of these conditions, as they relate to the | 938 |
rule, have appreciably changed, the agency shall provide the joint | 939 |
committee with an updated fiscal analysis for the rule. If no | 940 |
review date is assigned to a rule, or if a review date assigned to | 941 |
a rule exceeds the five-year maximum, the review date for the rule | 942 |
is five years after its immediately preceding review date. The | 943 |
joint committee shall give public notice in the register of Ohio | 944 |
of the agency's determination after receiving a notice from the | 945 |
agency under division (E)(2) of this section. The joint committee | 946 |
shall transmit a copy of the notice in electronic form to the | 947 |
director of the legislative service commission. The director shall | 948 |
publish the notice in the register of Ohio for four consecutive | 949 |
weeks after its receipt. | 950 |
(3) During the ninety-day period following the date the joint | 951 |
committee receives a notice under division (E)(2) of this section | 952 |
but after the four-week period described in division (E)(2) of | 953 |
this section has ended, the joint committee, by a two-thirds vote | 954 |
of the members present, may recommend the adoption of a concurrent | 955 |
resolution invalidating the rule if the joint committee determines | 956 |
that | 957 |
(a) The agency improperly applied the criteria described in | 958 |
divisions (C) and (D) of this section in reviewing the rule and in | 959 |
recommending its continuance without amendment or rescission. | 960 |
(b) The agency failed to file proper notice with the joint | 961 |
committee regarding the rule, or if the rule incorporates a text | 962 |
or other material by reference, the agency failed to file, or to | 963 |
deposit or display, the text or other material incorporated by | 964 |
reference as required by section 121.73 or 121.74 of the Revised | 965 |
Code or the incorporation by reference fails to meet the standards | 966 |
stated in section 121.72, 121.75, or 121.76 of the Revised Code. | 967 |
(c) The rule has an adverse impact on businesses, as | 968 |
determined under section 107.52 of the Revised Code, and the | 969 |
agency has not eliminated or reduced that impact as required under | 970 |
section 121.82 of the Revised Code. | 971 |
(4) If the joint committee does not take the action described | 972 |
in division (E)(3) of this section regarding a rule during the | 973 |
ninety-day period after the date the joint committee receives a | 974 |
notice under division (E)(2) of this section regarding that rule, | 975 |
the rule shall continue in effect without amendment and shall be | 976 |
next reviewed by the joint committee by the date designated by the | 977 |
agency in the notice provided to the joint committee under | 978 |
division (E)(2) of this section. | 979 |
(5) If the agency has determined that a rule reviewed under | 980 |
division (C) of this section needs to be amended or rescinded, the | 981 |
agency, on or before the rule's review date, shall file the rule | 982 |
as amended or rescinded in accordance with section 111.15, 119.03, | 983 |
or 4141.14 of the Revised Code, as applicable. | 984 |
(6) Each agency shall provide the joint committee with a copy | 985 |
of the rules that it has determined are rules described in | 986 |
division (A)(3)(b) of this section. At a time the joint committee | 987 |
designates, each agency shall appear before the joint committee | 988 |
and explain why it has determined that such rules are rules | 989 |
described in division (A)(3)(b) of this section. The joint | 990 |
committee, by a two-thirds vote of the members present, may | 991 |
determine that any of such rules are rules described in division | 992 |
(A)(3)(a) of this section. After the joint committee has made such | 993 |
a determination relating to a rule, the agency shall thereafter | 994 |
treat the rule as a rule described in division (A)(3)(a) of this | 995 |
section. | 996 |
(F) If an agency fails to provide the notice to the joint | 997 |
committee required under division (E)(2) of this section regarding | 998 |
a rule or otherwise fails by the rule's review date to take any | 999 |
action regarding the rule required by this section, the joint | 1000 |
committee, by a majority vote of the members present, may | 1001 |
recommend the adoption of a concurrent resolution invalidating the | 1002 |
rule. The joint committee shall not recommend the adoption of such | 1003 |
a resolution until it has afforded the agency the opportunity to | 1004 |
appear before the joint committee to show cause why the joint | 1005 |
committee should not recommend the adoption of such a resolution | 1006 |
regarding that rule. | 1007 |
(G) If the joint committee recommends adoption of a | 1008 |
concurrent resolution invalidating a rule under division (E)(3) or | 1009 |
(F) of this section, the adoption of the concurrent resolution | 1010 |
shall be in the manner described in division (I) of section 119.03 | 1011 |
of the Revised Code. | 1012 |
Sec. 121.39. (A) As used in this section, "environmental | 1013 |
protection" means any of the following: | 1014 |
(1) Protection of human health or safety, biological | 1015 |
resources, or natural resources by preventing, reducing, or | 1016 |
remediating the pollution or degradation of air, land, or water | 1017 |
resources or by preventing or limiting the exposure of humans, | 1018 |
animals, or plants to pollution; | 1019 |
(2) Appropriation or regulation of privately owned property | 1020 |
to preserve air, land, or water resources in a natural state or to | 1021 |
wholly or partially restore them to a natural state; | 1022 |
(3) Regulation of the collection, management, treatment, | 1023 |
reduction, storage, or disposal of solid, hazardous, radioactive, | 1024 |
or other wastes; | 1025 |
(4) Plans or programs to promote or regulate the | 1026 |
conservation, recycling, or reuse of energy, materials, or wastes. | 1027 |
(B) Except as otherwise provided in division (E) of this | 1028 |
section, when proposed legislation dealing with environmental | 1029 |
protection or containing a component dealing with environmental | 1030 |
protection is referred to a committee of the general assembly, | 1031 |
other than a committee on rules or reference, the sponsor of the | 1032 |
legislation, at the time of the first hearing of the legislation | 1033 |
before the committee, shall submit to the members of the committee | 1034 |
a written statement identifying either the documentation that is | 1035 |
the basis of the legislation or the federal requirement or | 1036 |
requirements with which the legislation is intended to comply. If | 1037 |
the legislation is not based on documentation or has not been | 1038 |
introduced to comply with a federal requirement or requirements, | 1039 |
the written statement from the sponsor shall so indicate. | 1040 |
Also at the time of the first hearing of the legislation | 1041 |
before the committee, a statewide organization that represents | 1042 |
businesses in this state and that elects its board of directors | 1043 |
may submit to the members of the committee a written estimate of | 1044 |
the costs to the regulated community in this state of complying | 1045 |
with the legislation if it is enacted. | 1046 |
At any hearing of the legislation before the committee, a | 1047 |
representative of any state agency, environmental advocacy | 1048 |
organization, or consumer advocacy organization or any private | 1049 |
citizen may present documentation containing an estimate of the | 1050 |
monetary and other costs to public health and safety and the | 1051 |
environment and to consumers and residential utility customers, | 1052 |
and the effects on property values, if the legislation is not | 1053 |
enacted. | 1054 |
(C) Until such time as the statement required under division | 1055 |
(B) of this section is submitted to the committee to which | 1056 |
proposed legislation dealing with environmental protection or | 1057 |
containing a component dealing with environmental protection was | 1058 |
referred, the legislation shall not be reported by that committee. | 1059 |
This requirement does not apply if the component dealing with | 1060 |
environmental protection is removed from the legislation or if | 1061 |
two-thirds of the members of the committee vote in favor of a | 1062 |
motion to report the proposed legislation. | 1063 |
(D) Except as otherwise provided in division (E) of this | 1064 |
section, prior to adopting a rule or an amendment proposed to a | 1065 |
rule dealing with environmental protection or containing a | 1066 |
component dealing with environmental protection, a state agency | 1067 |
shall do all of the following: | 1068 |
(1) Consult with organizations that represent political | 1069 |
subdivisions, environmental interests, business interests, and | 1070 |
other persons affected by the proposed rule or amendment; | 1071 |
(2) Consider documentation relevant to the need for, the | 1072 |
environmental benefits or consequences of, other benefits of, and | 1073 |
the technological feasibility of the proposed rule or amendment; | 1074 |
(3) Specifically identify whether the proposed rule or | 1075 |
amendment is being adopted or amended to enable the state to | 1076 |
obtain or maintain approval to administer and enforce a federal | 1077 |
environmental law or to participate in a federal environmental | 1078 |
program, whether the proposed rule or amendment is more stringent | 1079 |
than its federal counterpart, and, if the proposed rule or | 1080 |
amendment is more stringent, the rationale for not incorporating | 1081 |
its federal counterpart; | 1082 |
(4) Include with the proposed rule or amendment and the rule | 1083 |
summary and fiscal analysis required under | 1084 |
section 127.18 of the Revised Code, when they are filed with the | 1085 |
joint committee on agency rule review in accordance with division | 1086 |
(D) of section 111.15 or division (H) of section 119.03 of the | 1087 |
Revised Code, one of the following in electronic form, as | 1088 |
applicable: | 1089 |
(a) The information identified under division (D)(3) of this | 1090 |
section and, if the proposed rule or amendment is more stringent | 1091 |
than its federal counterpart, as identified in that division, the | 1092 |
documentation considered under division (D)(2) of this section; | 1093 |
(b) If an amendment proposed to a rule is being adopted or | 1094 |
amended under a state statute that establishes standards with | 1095 |
which the amendment shall comply, and the proposed amendment is | 1096 |
more stringent than the rule that it is proposing to amend, the | 1097 |
documentation considered under division (D)(2) of this section; | 1098 |
(c) If division (D)(4)(a) or (b) of this section is not | 1099 |
applicable, the documentation considered under division (D)(2) of | 1100 |
this section. | 1101 |
If the agency subsequently files a revision of such a | 1102 |
proposed rule or amendment in accordance with division (D) of | 1103 |
section 111.15 or division (H) of section 119.03 of the Revised | 1104 |
Code, the revision shall be accompanied in electronic form by the | 1105 |
applicable information or documentation. | 1106 |
Division (D) of this section does not apply to any emergency | 1107 |
rule adopted under division (B)(2) of section 111.15 or division | 1108 |
(F) of section 119.03 of the Revised Code, but does apply to any | 1109 |
such rule that subsequently is adopted as a nonemergency rule | 1110 |
under either of those divisions. | 1111 |
The information or documentation submitted under division | 1112 |
(D)(4) of this section may be in the form of a summary or index of | 1113 |
available knowledge or information and shall consist of or be | 1114 |
based upon the best available generally accepted knowledge or | 1115 |
information in the appropriate fields, as determined by the agency | 1116 |
that prepared the documentation. | 1117 |
(E) The statement required under division (B) and the | 1118 |
information or documentation required under division (D) of this | 1119 |
section need not be prepared or submitted with regard to a | 1120 |
proposed statute or rule, or an amendment to a rule, if the | 1121 |
statute, rule, or amendment is procedural or budgetary in nature, | 1122 |
or governs the organization or operation of a state agency, and | 1123 |
will not affect the substantive rights or obligations of any | 1124 |
person other than a state agency or an employee or contractor of a | 1125 |
state agency. | 1126 |
(F) The insufficiency, incompleteness, or inadequacy of a | 1127 |
statement, information, documentation, or a summary of information | 1128 |
or documentation provided in accordance with division (B) or (D) | 1129 |
of this section shall not be grounds for invalidation of any | 1130 |
statute, rule, or amendment to a rule. | 1131 |
(G) This section applies only to the following: | 1132 |
(1) Legislation and components of legislation dealing with | 1133 |
environmental protection that are introduced in the general | 1134 |
assembly after March 5, 1996; | 1135 |
(2) Rules and rule amendments dealing with environmental | 1136 |
protection that are filed with the joint committee on agency rule | 1137 |
review in accordance with division (D) of section 111.15 or | 1138 |
division (H) of section 119.03 of the Revised Code after March 5, | 1139 |
1996. | 1140 |
Sec. 121.81. As used in sections 121.81 to 121.83 of the | 1141 |
Revised Code: | 1142 |
(A) "Agency" means a state agency that is required to file | 1143 |
proposed rules for legislative review under division (D) of | 1144 |
section 111.15 or division (H) of section 119.03 of the Revised | 1145 |
Code. "Agency" does not include the offices of governor, | 1146 |
lieutenant governor, auditor of state, secretary of state, | 1147 |
treasurer of state, or attorney general. | 1148 |
(B) "Draft rule" means any newly proposed rule and any | 1149 |
proposed amendment, adoption, or rescission of a rule prior to the | 1150 |
filing of that rule for legislative review under division (D) of | 1151 |
section 111.15 or division (H) of section 119.03 of the Revised | 1152 |
Code and includes a proposed amendment, adoption, or rescission of | 1153 |
a rule in both its original and any revised form. "Draft rule" | 1154 |
does not include an emergency rule adopted under division (B)(2) | 1155 |
of section 111.15 or division (F) of section 119.03 of the Revised | 1156 |
Code, but does include a rule that is proposed to replace an | 1157 |
emergency rule that expires under those divisions. | 1158 |
Sections 121.81 to 121.83 and 121.91 of the Revised Code are | 1159 |
complementary to sections 107.51 to 107.55 and 107.61 to 107.63 of | 1160 |
the Revised Code. | 1161 |
Sec. 121.82. In the course of developing a draft rule that | 1162 |
is intended to be proposed under division (D) of section 111.15 or | 1163 |
division (H) of section 119.03 of the Revised Code, an agency | 1164 |
shall: | 1165 |
(A) Evaluate the draft rule against the business impact | 1166 |
analysis instrument. If, based on that evaluation, the draft rule | 1167 |
will not have an adverse impact on businesses, the agency may | 1168 |
proceed with the rule-filing process. If the evaluation determines | 1169 |
that the draft rule will have an adverse impact on businesses, the | 1170 |
agency shall incorporate features into the draft rule that will | 1171 |
eliminate or adequately reduce any adverse impact the draft rule | 1172 |
might have on businesses; | 1173 |
(B) Prepare a business impact analysis that describes its | 1174 |
evaluation of the draft rule against the business impact analysis | 1175 |
instrument, that identifies any features that were incorporated | 1176 |
into the draft rule as a result of the evaluation, and that | 1177 |
explains how those features, if there were any, eliminate or | 1178 |
adequately reduce any adverse impact the draft rule might have on | 1179 |
businesses; | 1180 |
(C) Transmit a copy of the full text of the draft rule and | 1181 |
the business impact analysis electronically to the common sense | 1182 |
initiative office, which information shall be made available to | 1183 |
the public on the office's web site in accordance with section | 1184 |
107.62 of the Revised Code; | 1185 |
(D) Consider any recommendations made by the common sense | 1186 |
initiative office with regard to the draft rule, and either | 1187 |
incorporate into the draft rule features the recommendations | 1188 |
suggest will eliminate or reduce any adverse impact the draft rule | 1189 |
might have on businesses or document, in writing, the reasons | 1190 |
those recommendations are not being incorporated into the draft | 1191 |
rule; and | 1192 |
(E) Prepare a memorandum of response identifying features | 1193 |
suggested by any recommendations that were incorporated into the | 1194 |
draft rule and features suggested by any recommendations that were | 1195 |
not incorporated into the draft rule, explaining how the features | 1196 |
that were incorporated into the draft rule eliminate or reduce any | 1197 |
adverse impact the draft rule might have on businesses, and | 1198 |
explaining why the features that were not incorporated into the | 1199 |
draft rule were not incorporated. | 1200 |
An agency may not file a proposed rule for legislative review | 1201 |
under division (D) of section 111.15 or division (H) of section | 1202 |
119.03 of the Revised Code earlier than the sixteenth business day | 1203 |
after electronically transmitting the draft rule to the common | 1204 |
sense initiative office. | 1205 |
Sec. 121.83. (A) When an agency files a proposed rule for | 1206 |
legislative review under division (D) of section 111.15 of the | 1207 |
Revised Code or division (H) of section 119.03 of the Revised | 1208 |
Code, the agency electronically shall file one copy of the | 1209 |
business impact analysis, any recommendations received from the | 1210 |
common sense initiative office, and the agency's memorandum of | 1211 |
response, if any, along with the proposed rule. | 1212 |
(B) The joint committee on agency rule review does not have | 1213 |
jurisdiction to review, and shall reject, the filing of a proposed | 1214 |
rule if, at any time while the proposed rule is in its possession, | 1215 |
it discovers that the proposed rule might have an adverse impact | 1216 |
on businesses and the agency has not included with the filing a | 1217 |
business impact analysis or has included a business impact | 1218 |
analysis that is inadequately prepared. The joint committee | 1219 |
electronically shall return a filing that is rejected to the | 1220 |
agency. Such a rejection does not preclude the agency from | 1221 |
refiling the proposed rule after complying with section 121.82 of | 1222 |
the Revised Code. When a filing is rejected under this division, | 1223 |
it is as if the filing had not been made. | 1224 |
Sec. 121.91. (A) Each state agency shall develop, and as it | 1225 |
becomes necessary or advisable may improve, customer service | 1226 |
standards for each employee of the agency whose duties include a | 1227 |
significant level of contact with the public. The agency shall | 1228 |
base the standards on the job descriptions of the positions that | 1229 |
the employees hold in the agency. An agency is not required to | 1230 |
adopt the standards by rule. | 1231 |
Each state agency shall reduce the standards to writing, and | 1232 |
the standards shall be incorporated into employee policy manuals, | 1233 |
job descriptions, and employee performance evaluations. | 1234 |
(B) The state agency, and its officers and employees, shall | 1235 |
comply with the customer service performance standards that have | 1236 |
been developed under division (A) of this section. A state | 1237 |
agency's compliance with the standards shall be evaluated, by the | 1238 |
director of budget and management and the committees of the senate | 1239 |
and house of representatives having jurisdiction over the state | 1240 |
operating budget, as part of the consideration of the state | 1241 |
agency's biennial budget. (If the evaluation is of the office of | 1242 |
budget and management, evaluation by the committees is | 1243 |
sufficient.) An employee's compliance with the standards shall be | 1244 |
evaluated as part of the employee's periodic performance reviews. | 1245 |
A state agency's and employee's compliance with the standards may | 1246 |
be evaluated as part of any performance audit of the state agency. | 1247 |
Sec. 122.08. (A) There is hereby created within the | 1248 |
department of development an office to be known as the office of | 1249 |
small business. The office shall be under the supervision of a | 1250 |
manager appointed by the director of development. | 1251 |
(B) The office shall do all of the following: | 1252 |
(1) Act as liaison between the small business community and | 1253 |
state governmental agencies; | 1254 |
(2) Furnish information and technical assistance to persons | 1255 |
and small businesses concerning the establishment and maintenance | 1256 |
of a small business, and concerning state laws and rules relevant | 1257 |
to the operation of a small business. In conjunction with these | 1258 |
duties, the office shall keep a record of all proposed and | 1259 |
currently effective state agency rules affecting | 1260 |
small businesses | 1261 |
1262 | |
committee on agency rule review concerning any proposed rule | 1263 |
affecting
| 1264 |
(3) Prepare and publish the small business register under | 1265 |
section 122.081 of the Revised Code; | 1266 |
(4) Receive complaints from small businesses concerning | 1267 |
governmental activity, compile and analyze those complaints, and | 1268 |
periodically make recommendations to the governor and the general | 1269 |
assembly on changes in state laws or agency rules needed to | 1270 |
eliminate burdensome and unproductive governmental regulation to | 1271 |
improve the economic climate within which small businesses | 1272 |
operate; | 1273 |
(5) Receive complaints or questions from small businesses and | 1274 |
direct those businesses to the appropriate governmental agency. | 1275 |
If, within a reasonable period of time, a complaint is not | 1276 |
satisfactorily resolved or a question is not satisfactorily | 1277 |
answered, the office shall, on behalf of the small business, make | 1278 |
every effort to secure a satisfactory result. For this purpose, | 1279 |
the office may consult with any state governmental agency and may | 1280 |
make any suggestion or request that seems appropriate. | 1281 |
(6) Utilize, to the maximum extent possible, the printed and | 1282 |
electronic media to disseminate information of current concern and | 1283 |
interest to the small business community and to make known to | 1284 |
small businesses the services available through the office. The | 1285 |
office shall publish such books, pamphlets, and other printed | 1286 |
materials, and shall participate in such trade association | 1287 |
meetings, conventions, fairs, and other meetings involving the | 1288 |
small business community, as the manager considers appropriate. | 1289 |
(7) Prepare for inclusion in the department of development's | 1290 |
annual report to the governor and general assembly, a description | 1291 |
of the activities of the office and a report of the number of | 1292 |
rules affecting | 1293 |
1294 | |
1295 | |
preceding calendar year; | 1296 |
(8) Operate the Ohio first-stop business connection to assist | 1297 |
individuals in identifying and preparing applications for business | 1298 |
licenses, permits, and certificates and to serve as the central | 1299 |
public distributor for all forms, applications, and other | 1300 |
information related to business licensing. Each state agency, | 1301 |
board, and commission shall cooperate in providing assistance, | 1302 |
information, and materials to enable the connection to perform its | 1303 |
duties under this division. | 1304 |
(C) The office may, upon the request of a state agency, | 1305 |
assist the agency with the preparation of any rule that will | 1306 |
affect | 1307 |
(D) The director of development shall assign employees and | 1308 |
furnish equipment and supplies to the office as the director | 1309 |
considers necessary for the proper performance of the duties | 1310 |
assigned to the office. | 1311 |
Sec. 122.081. (A) The office of small business in the | 1312 |
department of development shall prepare and publish a "small | 1313 |
business register" or contract with any person as provided in this | 1314 |
section to prepare and publish the register. The small business | 1315 |
register shall contain the following information regarding each | 1316 |
proposed rule | 1317 |
1318 |
(1) The title and administrative code rule number of the | 1319 |
proposed rule; | 1320 |
(2) A brief summary of the proposed rule; | 1321 |
(3) The date on which the proposed rule was | 1322 |
recorded by the office of small business | 1323 |
1324 |
(4) The name, address, and telephone number of | 1325 |
individual or office within the agency that proposed the rule who | 1326 |
1327 | |
1328 | |
can provide information about the proposed rule. | 1329 |
(B) The small business register shall be published on a | 1330 |
weekly basis. The information required under division (A) of this | 1331 |
section shall be published in the register no later than two weeks | 1332 |
after the proposed rule to which the information relates is
| 1333 |
1334 | |
1335 | |
business shall furnish the small business register, on a single | 1336 |
copy or subscription basis, to any person who requests it and pays | 1337 |
a single copy price or subscription rate fixed by the office. The | 1338 |
office shall furnish the | 1339 |
committees of the senate and house of representatives having | 1340 |
jurisdiction over
| 1341 |
1342 | |
register. | 1343 |
(C) Upon the request of the office of small business, the | 1344 |
director of administrative services shall, in accordance with the | 1345 |
competitive selection procedure of Chapter 125. of the Revised | 1346 |
Code, let a contract for the compilation, printing, and | 1347 |
distribution of the small business register. | 1348 |
(D) The office of small business shall adopt, and may amend | 1349 |
or rescind, in accordance with Chapter 119. of the Revised Code, | 1350 |
such rules as are necessary to enable it to properly carry out | 1351 |
this section. | 1352 |
Sec. 122.94. The director of | 1353 |
shall: | 1354 |
(A) Promulgate rules in accordance with Chapter 119. of the | 1355 |
Revised Code for the conduct of the minority business development | 1356 |
division's business and for carrying out the purposes of sections | 1357 |
122.92 to 122.94 of the Revised Code; | 1358 |
(B) Prepare an annual report to the governor and the general | 1359 |
assembly on or before the first day of February of its activities | 1360 |
for the preceding calendar year. | 1361 |
1362 | |
1363 | |
1364 | |
1365 | |
1366 | |
1367 |
Sec. 1710.02. (A) A special improvement district may be | 1368 |
created within the boundaries of any one municipal corporation, | 1369 |
any one township, or any combination of contiguous municipal | 1370 |
corporations and townships for the purpose of developing and | 1371 |
implementing plans for public improvements and public services | 1372 |
that benefit the district. A district may be created by petition | 1373 |
of the owners of real property within the proposed district, or by | 1374 |
an existing qualified nonprofit corporation. If the district is | 1375 |
created by an existing qualified nonprofit corporation, the | 1376 |
purposes for which the district is created may be supplemental to | 1377 |
the other purposes for which the corporation is organized. All | 1378 |
territory in a special improvement district shall be contiguous; | 1379 |
except that the territory in a special improvement district may be | 1380 |
noncontiguous if at least one special energy improvement project | 1381 |
is designated for each parcel of real property included within the | 1382 |
special improvement district. Additional territory may be added to | 1383 |
a special improvement district created under this chapter for the | 1384 |
purpose of developing and implementing plans for special energy | 1385 |
improvement projects if at least one special energy improvement | 1386 |
project is designated for each parcel of real property included | 1387 |
within such additional territory and the addition of territory is | 1388 |
authorized by the initial plan proposed under division (F) of this | 1389 |
section or a plan adopted by the board of directors of the special | 1390 |
improvement district under section 1710.06 of the Revised Code. | 1391 |
The district shall be governed by the board of trustees of a | 1392 |
nonprofit corporation. This board shall be known as the board of | 1393 |
directors of the special improvement district. No special | 1394 |
improvement district shall include any church property, or | 1395 |
property of the federal or state government or a county, township, | 1396 |
or municipal corporation, unless the church or the county, | 1397 |
township, or municipal corporation specifically requests in | 1398 |
writing that the property be included within the district, or | 1399 |
unless the church is a member of the existing qualified nonprofit | 1400 |
corporation creating the district at the time the district is | 1401 |
created. More than one district may be created within a | 1402 |
participating political subdivision, but no real property may be | 1403 |
included within more than one district unless the owner of the | 1404 |
property files a written consent with the clerk of the legislative | 1405 |
authority, the township fiscal officer, or the village clerk, as | 1406 |
appropriate. The area of each district shall be contiguous; except | 1407 |
that the area of a special improvement district may be | 1408 |
noncontiguous if all parcels of real property included within such | 1409 |
area contain at least one special energy improvement thereon. | 1410 |
(B) Except as provided in division (C) of this section, a | 1411 |
district created under this chapter is not a political | 1412 |
subdivision. A district created under this chapter shall be | 1413 |
considered a public agency under section 102.01 and a public | 1414 |
authority under section 4115.03 of the Revised Code. Each member | 1415 |
of the board of directors of a district, each member's designee or | 1416 |
proxy, and each officer and employee of a district shall be | 1417 |
considered a public official or employee under section 102.01 of | 1418 |
the Revised Code and a public official and public servant under | 1419 |
section 2921.42 of the Revised Code. Districts created under this | 1420 |
chapter are not subject to | 1421 |
121.83 of the Revised Code. Districts created under this chapter | 1422 |
are subject to sections 121.22 and 121.23 of the Revised Code. | 1423 |
(C) Each district created under this chapter shall be | 1424 |
considered a political subdivision for purposes of section 4905.34 | 1425 |
of the Revised Code. | 1426 |
Membership on the board of directors of the district shall | 1427 |
not be considered as holding a public office. Directors and their | 1428 |
designees shall be entitled to the immunities provided by Chapter | 1429 |
1702. and to the same immunity as an employee under division | 1430 |
(A)(6) of section 2744.03 of the Revised Code, except that | 1431 |
directors and their designees shall not be entitled to the | 1432 |
indemnification provided in section 2744.07 of the Revised Code | 1433 |
unless the director or designee is an employee or official of a | 1434 |
participating political subdivision of the district and is acting | 1435 |
within the scope of the director's or designee's employment or | 1436 |
official responsibilities. | 1437 |
District officers and district members and directors and | 1438 |
their designees or proxies shall not be required to file a | 1439 |
statement with the Ohio ethics commission under section 102.02 of | 1440 |
the Revised Code. All records of the district shall be treated as | 1441 |
public records under section 149.43 of the Revised Code, except | 1442 |
that records of organizations contracting with a district shall | 1443 |
not be considered to be public records under section 149.43 or | 1444 |
section 149.431 of the Revised Code solely by reason of any | 1445 |
contract with a district. | 1446 |
(D) Except as otherwise provided in this section, the | 1447 |
nonprofit corporation that governs a district shall be organized | 1448 |
in the manner described in Chapter 1702. of the Revised Code. | 1449 |
Except in the case of a district created by an existing qualified | 1450 |
nonprofit corporation, the corporation's articles of incorporation | 1451 |
are required to be approved, as provided in division (E) of this | 1452 |
section, by resolution of the legislative authority of each | 1453 |
participating political subdivision of the district. A copy of | 1454 |
that resolution shall be filed along with the articles of | 1455 |
incorporation in the secretary of state's office. | 1456 |
In addition to meeting the requirements for articles of | 1457 |
incorporation set forth in Chapter 1702. of the Revised Code, the | 1458 |
articles of incorporation for the nonprofit corporation governing | 1459 |
a district formed under this chapter shall provide all the | 1460 |
following: | 1461 |
(1) The name for the district, which shall include the name | 1462 |
of each participating political subdivision of the district; | 1463 |
(2) A description of the territory within the district, which | 1464 |
may be all or part of each participating political subdivision. | 1465 |
The description shall be specific enough to enable real property | 1466 |
owners to determine if their property is located within the | 1467 |
district. | 1468 |
(3) A description of the procedure by which the articles of | 1469 |
incorporation may be amended. The procedure shall include | 1470 |
receiving approval of the amendment, by resolution, from the | 1471 |
legislative authority of each participating political subdivision | 1472 |
and filing the approved amendment and resolution with the | 1473 |
secretary of state. | 1474 |
(4) The reasons for creating the district, plus an | 1475 |
explanation of how the district will be conducive to the public | 1476 |
health, safety, peace, convenience, and welfare of the district. | 1477 |
(E) The articles of incorporation for a nonprofit corporation | 1478 |
governing a district created under this chapter and amendments to | 1479 |
them shall be submitted to the municipal executive, if any, and | 1480 |
the legislative authority of each municipal corporation or | 1481 |
township in which the proposed district is to be located. Except | 1482 |
in the case of a district created by an existing qualified | 1483 |
nonprofit corporation, the articles or amendments shall be | 1484 |
accompanied by a petition signed either by the owners of at least | 1485 |
sixty per cent of the front footage of all real property located | 1486 |
in the proposed district that abuts upon any street, alley, public | 1487 |
road, place, boulevard, parkway, park entrance, easement, or other | 1488 |
existing public improvement within the proposed district, | 1489 |
excluding church property or property owned by the state, county, | 1490 |
township, municipal, or federal government, unless a church, | 1491 |
county, township, or municipal corporation has specifically | 1492 |
requested in writing that the property be included in the | 1493 |
district, or by the owners of at least seventy-five per cent of | 1494 |
the area of all real property located within the proposed | 1495 |
district, excluding church property or property owned by the | 1496 |
state, county, township, municipal, or federal government, unless | 1497 |
a church, county, township, or municipal corporation has | 1498 |
specifically requested in writing that the property be included in | 1499 |
the district. Pursuant to Section 2o of Article VIII, Ohio | 1500 |
Constitution, the petition required under this division may be for | 1501 |
the purpose of developing and implementing plans for special | 1502 |
energy improvement projects, and, in such case, is determined to | 1503 |
be in furtherance of the purposes set forth in Section 2o of | 1504 |
Article VIII, Ohio Constitution. If a special improvement district | 1505 |
is being created under this chapter for the purpose of developing | 1506 |
and implementing plans for special energy improvement projects, | 1507 |
the petition required under this division shall be signed by one | 1508 |
hundred per cent of the owners of the area of all real property | 1509 |
located within the proposed special improvement district, at least | 1510 |
one special energy improvement project shall be designated for | 1511 |
each parcel of real property within the special improvement | 1512 |
district, and the special improvement district may include any | 1513 |
number of parcels of real property as determined by the | 1514 |
legislative authority of each participating political subdivision | 1515 |
in which the proposed special improvement district is to be | 1516 |
located. For purposes of determining compliance with these | 1517 |
requirements, the area of the district, or the front footage and | 1518 |
ownership of property, shall be as shown in the most current | 1519 |
records available at the county recorder's office and the county | 1520 |
engineer's office sixty days prior to the date on which the | 1521 |
petition is filed. | 1522 |
Each municipal corporation or township with which the | 1523 |
petition is filed has sixty days to approve or disapprove, by | 1524 |
resolution, the petition, including the articles of incorporation. | 1525 |
In the case of a district created by an existing qualified | 1526 |
nonprofit corporation, each municipal corporation or township has | 1527 |
sixty days to approve or disapprove the creation of the district | 1528 |
after the corporation submits the articles of incorporation or | 1529 |
amendments thereto. This chapter does not prohibit or restrict the | 1530 |
rights of municipal corporations under Article XVIII of the Ohio | 1531 |
Constitution or the right of the municipal legislative authority | 1532 |
to impose reasonable conditions in a resolution of approval. The | 1533 |
acquisition, installation, equipping, and improvement of a special | 1534 |
energy improvement project under this chapter shall not supersede | 1535 |
any local zoning, environmental, or similar law or regulation. | 1536 |
(F) Persons proposing creation and operation of the district | 1537 |
may propose an initial plan for public services or public | 1538 |
improvements that benefit all or any part of the district. Any | 1539 |
initial plan shall be submitted as part of the petition proposing | 1540 |
creation of the district or, in the case of a district created by | 1541 |
an existing qualified nonprofit corporation, shall be submitted | 1542 |
with the articles of incorporation or amendments thereto. | 1543 |
An initial plan may include provisions for the following: | 1544 |
(1) Creation and operation of the district and of the | 1545 |
nonprofit corporation to govern the district under this chapter; | 1546 |
(2) Hiring employees and professional services; | 1547 |
(3) Contracting for insurance; | 1548 |
(4) Purchasing or leasing office space and office equipment; | 1549 |
(5) Other actions necessary initially to form, operate, or | 1550 |
organize the district and the nonprofit corporation to govern the | 1551 |
district; | 1552 |
(6) A plan for public improvements or public services that | 1553 |
benefit all or part of the district, which plan shall comply with | 1554 |
the requirements of division (A) of section 1710.06 of the Revised | 1555 |
Code and may include, but is not limited to, any of the permissive | 1556 |
provisions described in the fourth sentence of that division or | 1557 |
listed in divisions (A)(1) to (7) of that section; | 1558 |
(7) If the special improvement district is being created | 1559 |
under this chapter for the purpose of developing and implementing | 1560 |
plans for special energy improvement projects, provision for the | 1561 |
addition of territory to the special improvement district. | 1562 |
After the initial plan is approved by all municipal | 1563 |
corporations and townships to which it is submitted for approval | 1564 |
and the district is created, each participating subdivision shall | 1565 |
levy a special assessment within its boundaries to pay for the | 1566 |
costs of the initial plan. The levy shall be for no more than ten | 1567 |
years from the date of the approval of the initial plan; except | 1568 |
that if the proceeds of the levy are to be used to pay the costs | 1569 |
of a special energy improvement project, the levy of a special | 1570 |
assessment shall be for no more than thirty years from the date of | 1571 |
approval of the initial plan. In the event that additional | 1572 |
territory is added to a special improvement district, the special | 1573 |
assessment to be levied with respect to such additional territory | 1574 |
shall commence not earlier than the date such territory is added | 1575 |
and shall be for no more than thirty years from such date. For | 1576 |
purposes of levying an assessment for this initial plan, the | 1577 |
services or improvements included in the initial plan shall be | 1578 |
deemed a special benefit to property owners within the district. | 1579 |
(G) Each nonprofit corporation governing a district under | 1580 |
this chapter may do the following: | 1581 |
(1) Exercise all powers of nonprofit corporations granted | 1582 |
under Chapter 1702. of the Revised Code that do not conflict with | 1583 |
this chapter; | 1584 |
(2) Develop, adopt, revise, implement, and repeal plans for | 1585 |
public improvements and public services for all or any part of the | 1586 |
district; | 1587 |
(3) Contract with any person, political subdivision as | 1588 |
defined in section 2744.01 of the Revised Code, or state agency as | 1589 |
defined in section 1.60 of the Revised Code to develop and | 1590 |
implement plans for public improvements or public services within | 1591 |
the district; | 1592 |
(4) Contract and pay for insurance for the district and for | 1593 |
directors, officers, agents, contractors, employees, or members of | 1594 |
the district for any consequences of the implementation of any | 1595 |
plan adopted by the district or any actions of the district. | 1596 |
The board of directors of a special improvement district may, | 1597 |
acting as agent and on behalf of a participating political | 1598 |
subdivision, sell, transfer, lease, or convey any special energy | 1599 |
improvement project owned by the participating political | 1600 |
subdivision upon a determination by the legislative authority | 1601 |
thereof that the project is not required to be owned exclusively | 1602 |
by the participating political subdivision for its purposes, for | 1603 |
uses determined by the legislative authority thereof as those that | 1604 |
will promote the welfare of the people of such participating | 1605 |
political subdivision; to improve the quality of life and the | 1606 |
general and economic well-being of the people of the participating | 1607 |
political subdivision; better ensure the public health, safety, | 1608 |
and welfare; protect water and other natural resources; provide | 1609 |
for the conservation and preservation of natural and open areas | 1610 |
and farmlands, including by making urban areas more desirable or | 1611 |
suitable for development and revitalization; control, prevent, | 1612 |
minimize, clean up, or mediate certain contamination of or | 1613 |
pollution from lands in the state and water contamination or | 1614 |
pollution; or provide for safe and natural areas and resources. | 1615 |
The legislative authority of each participating political | 1616 |
subdivision shall specify the consideration for such sale, | 1617 |
transfer, lease, or conveyance and any other terms thereof. Any | 1618 |
determinations made by a legislative authority of a participating | 1619 |
political subdivision under this division shall be conclusive. | 1620 |
Any sale, transfer, lease, or conveyance of a special energy | 1621 |
improvement project by a participating political subdivision or | 1622 |
the board of directors of the special improvement district may be | 1623 |
made without advertising, receipt of bids, or other competitive | 1624 |
bidding procedures applicable to the participating political | 1625 |
subdivision or the special improvement district under Chapter 153. | 1626 |
or 735. or section 1710.11 of the Revised Code or other | 1627 |
representative provisions of the Revised Code. | 1628 |
Section 2. That existing sections 103.0511, 111.15, 117.20, | 1629 |
119.03, 119.032, 121.39, 122.08, 122.081, 122.94, and 1710.02 of | 1630 |
the Revised Code are repealed. | 1631 |
Section 3. That section 121.24 of the Revised Code is | 1632 |
repealed, effective January 1, 2012. | 1633 |
Section 4. The amendments by this act to sections 103.0511, | 1634 |
111.15, 117.20, 119.03, 119.032, 121.39, 122.08, 122.081, 122.94, | 1635 |
and 1710.02 of the Revised Code take effect on January 1, 2012. | 1636 |
Section 5. The enactment by this act of sections 107.51 to | 1637 |
107.55 and 121.81 to 121.83 of the Revised Code first applies to a | 1638 |
proposed rule, the original and any revised version of which is | 1639 |
filed with the Joint Committee on Agency Rule Review on or after | 1640 |
January 1, 2012, and to any rule that is scheduled for review | 1641 |
under section 119.032 of the Revised Code on or after January 1, | 1642 |
2012. If rule-making proceedings are commenced and completed | 1643 |
before January 1, 2012, sections 107.51 to 107.55 and 121.81 to | 1644 |
121.83 of the Revised Code do not apply to the proceedings, and | 1645 |
section 121.24 of the Revised Code applies to the proceedings | 1646 |
instead. If rule-making proceedings are commenced but not | 1647 |
completed before January 1, 2012, section 121.24 of the Revised | 1648 |
Code applies to the original version of the proposed rule if it is | 1649 |
filed with the Joint Committee before that date, and sections | 1650 |
107.51 to 107.55 and 121.81 to 121.83 of the Revised Code apply to | 1651 |
any revised version of the proposed rule that is filed on or after | 1652 |
that date. | 1653 |
Section 121.24 and sections 107.51 to 107.55 and 121.81 to | 1654 |
121.83 of the Revised Code do not apply to a proposed rule that is | 1655 |
deemed the original version of a proposed rule by the carry-over | 1656 |
provisions in division (I)(2) of section 119.03 of the Revised | 1657 |
Code. Whether section 121.24 or sections 107.51 to 107.55 and | 1658 |
121.81 to 121.83 of the Revised Code applied to such a proposed | 1659 |
rule before its carry over, the results of that application are | 1660 |
carried over with the proposed rule. | 1661 |
Section 6. The Common Sense Initiative Office shall publish | 1662 |
the first edition of the Business Impact Analysis Instrument in | 1663 |
the Register of Ohio as soon as practicable after the effective | 1664 |
date of this act but not later than October 3, 2011. | 1665 |
Section 7. Notwithstanding the delayed effective date | 1666 |
applying to the amendments by this act to section 103.0511 of the | 1667 |
Revised Code, the electronic rule-filing system shall be modified | 1668 |
to connect the Common Sense Initiative Office into the system as | 1669 |
soon as practicable after the effective date of this act but not | 1670 |
later than August 15, 2011. | 1671 |
Section 8. The Governor shall set up the Common Sense | 1672 |
Initiative Office and have it in operation as soon as practicable | 1673 |
after the effective date of this act but not later than August 15, | 1674 |
2011. | 1675 |
Section 9. Not later than 180 days after the effective date | 1676 |
of Am. Sub. H.B. 1 of the 129th General Assembly, the Governor, in | 1677 |
consultation with the Director of Development, shall determine | 1678 |
whether the Office of Small Business in the Department of | 1679 |
Development shall be transferred to the Common Sense Initiative | 1680 |
Office or, in the alternative, the best way to avoid duplication | 1681 |
of services offered to small businesses by those offices. | 1682 |