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To amend sections 101.35, 103.0511, 107.52, 107.53, | 1 |
107.54, 107.55, 107.62, 107.63, 111.15, 117.20, | 2 |
119.01, 119.03, 119.032, 119.04, 121.74, 121.81, | 3 |
121.83, 121.91, 127.18, 4141.14, and 5703.14, to | 4 |
enact sections 103.055, 106.11, 107.631, 113.091, | 5 |
119.033, and 119.034, and to repeal section | 6 |
119.031 of the Revised Code to reform rule-making | 7 |
and rule-review procedures and regulatory | 8 |
processes. | 9 |
Section 1. That sections 101.35, 103.0511, 107.52, 107.53, | 10 |
107.54, 107.55, 107.62, 107.63, 111.15, 117.20, 119.01, 119.03, | 11 |
119.032, 119.04, 121.74, 121.81, 121.83, 121.91, 127.18, 4141.14, | 12 |
and 5703.14 be amended and sections 103.055, 106.11, 107.631, | 13 |
113.091, 119.033, and 119.034 of the Revised Code be enacted to | 14 |
read as follows: | 15 |
Sec. 101.35. There is hereby created in the general assembly | 16 |
the joint committee on agency rule review. The committee shall | 17 |
consist of five members of the house of representatives and five | 18 |
members of the senate. Within fifteen days after the commencement | 19 |
of the first regular session of each general assembly, the speaker | 20 |
of the house of representatives shall appoint the members of the | 21 |
committee from the house of representatives, and the president of | 22 |
the senate shall appoint the members of the committee from the | 23 |
senate. Not more than three of the members from each house shall | 24 |
be of the same political party. In the first regular session of a | 25 |
general assembly, the chairperson of the committee shall be | 26 |
appointed by the speaker of the house from among the house members | 27 |
of the committee, and the vice-chairperson shall be appointed by | 28 |
the president of the senate from among the senate members of the | 29 |
committee. In the second regular session of a general assembly, | 30 |
the chairperson shall be appointed by the president of the senate | 31 |
from among the senate members of the committee, and the | 32 |
vice-chairperson shall be appointed by the speaker of the house | 33 |
from among the house members of the committee. The chairperson, | 34 |
vice-chairperson, and members of the committee shall serve until | 35 |
their respective successors are appointed or until they are no | 36 |
longer members of the general assembly. When a vacancy occurs | 37 |
among the officers or members of the committee, it shall be filled | 38 |
in the same manner as the original appointment. | 39 |
Notwithstanding section 101.26 of the Revised Code, the | 40 |
members, when engaged in their duties as members of the committee | 41 |
on days when there is not a voting session of the member's house | 42 |
of the general assembly, shall be paid at the per diem rate of one | 43 |
hundred fifty dollars, and their necessary traveling expenses, | 44 |
which shall be paid from the funds appropriated for the payment of | 45 |
expenses of legislative committees. | 46 |
The committee has the same powers as other standing or select | 47 |
committees of the general assembly. Six members constitute a | 48 |
quorum, and the concurrence of six members is required for the | 49 |
recommendation of a concurrent resolution invalidating a proposed | 50 |
or | 51 |
thereof, | 52 |
53 | |
54 |
When a member of the committee is absent, the president or | 55 |
speaker, as the case may be, may designate a substitute from the | 56 |
same house and political party as the absent member. The | 57 |
substitute shall serve on the committee in the member's absence, | 58 |
and is entitled to perform the duties of a member of the | 59 |
committee. For serving on the committee, the substitute shall be | 60 |
paid the same per diem and necessary traveling expenses as the | 61 |
substitute would be entitled to receive if the substitute were a | 62 |
member of the committee. | 63 |
The president or speaker shall inform the executive director | 64 |
of the committee of a substitution. If the executive director | 65 |
learns of a substitution sufficiently in advance of the meeting of | 66 |
the committee the substitute is to attend, the executive director | 67 |
shall publish notice of the substitution on the internet, make | 68 |
reasonable effort to inform of the substitution persons who are | 69 |
known to the executive director to be interested in rules that are | 70 |
scheduled for review at the meeting, and inform of the | 71 |
substitution persons who inquire of the executive director | 72 |
concerning the meeting. | 73 |
The committee may meet during periods in which the general | 74 |
assembly has adjourned. | 75 |
At meetings of the committee, the committee may request a | 76 |
rule-making agency, as defined in section 119.01 of the Revised | 77 |
Code, to provide information relative to the agency's | 78 |
implementation of its statutory authority. | 79 |
A member of the committee, and the executive director and | 80 |
staff of the committee, are entitled in their official capacities | 81 |
to attend, but not in their official capacities to participate in, | 82 |
a public hearing conducted by a rule-making agency on a proposed | 83 |
rule | 84 |
Sec. 103.055. The joint committee on agency rule review | 85 |
shall establish, maintain, and improve a rule watch system. The | 86 |
rule watch system shall be designed so that a person may register | 87 |
electronically to receive an electronic mail alert when an agency | 88 |
files a rule for review by the joint committee. | 89 |
Failure of the rule watch system to transmit an electronic | 90 |
mail alert to a person is not grounds for questioning the validity | 91 |
of a rule or the validity of the process by which the rule was | 92 |
adopted. | 93 |
Sec. 103.0511. The director of the legislative service | 94 |
commission shall establish and maintain, and enhance and improve, | 95 |
an electronic rule-filing system connecting: | 96 |
(A) The legislative service commission, the joint committee | 97 |
on agency rule review, and the secretary of state; | 98 |
(B) The governor, the senate and house of representatives, | 99 |
and the clerks of the senate and house of representatives; | 100 |
(C) Each agency that files rules and other rule-making and | 101 |
rule-related documents with the legislative service commission, | 102 |
the joint committee on agency rule review, the department of | 103 |
aging, the governor, the common sense initiative office, the | 104 |
secretary of state, the general assembly, or a committee of the | 105 |
senate or house of representatives under section 107.54, 111.15, | 106 |
117.20, 119.03, | 107 |
119.04,
| 108 |
5117.02 | 109 |
(D) The several publishers of the Administrative Code; and | 110 |
(E) | 111 |
| 112 |
inclusion in the system is required for the system to be a | 113 |
complete electronic rule-filing system. | 114 |
The electronic rule-filing system is to enable rules and | 115 |
rule-making and rule-related documents to be filed, and official | 116 |
responses to these filings to be made, exclusively by electronic | 117 |
means. | 118 |
Sec. 106.11. The offices of the governor, lieutenant | 119 |
governor, auditor of state, secretary of state, treasurer of | 120 |
state, and attorney general shall comply with the business review | 121 |
provisions of sections 119.032 and 119.033 and 121.81 to 121.83 of | 122 |
the Revised Code, but are not required to submit any document to | 123 |
the common sense initiative office or to prepare any document that | 124 |
would have been prepared in response to recommendations of the | 125 |
common sense initiative office, but rather shall prepare all other | 126 |
documents required under the business review provisions and submit | 127 |
them directly to the joint committee on agency rule review along | 128 |
with the proposed or existing rule. The offices of the governor, | 129 |
lieutenant governor, auditor of state, secretary of state, | 130 |
treasurer of state, and attorney general are subject, however, to | 131 |
section 106.05 of the Revised Code. | 132 |
Sec. 107.52. A draft or existing rule that affects businesses | 133 |
has an adverse impact on businesses if a provision of the draft or | 134 |
existing rule that applies to businesses has any of the following | 135 |
effects: | 136 |
(A) It requires a license, permit, or any other prior | 137 |
authorization to engage in or operate a line of business; | 138 |
(B) It imposes a criminal penalty, a civil penalty, or | 139 |
another sanction, or creates a cause of action, for failure to | 140 |
comply with its terms; or | 141 |
(C) It requires specific expenditures or the report of | 142 |
information as a condition of compliance. | 143 |
Sec. 107.53. The common sense initiative office shall | 144 |
develop, and as it becomes necessary or advisable shall improve, a | 145 |
business impact analysis instrument that shall be used as required | 146 |
by law to evaluate draft and existing rules that might have an | 147 |
adverse impact on businesses. The instrument shall be in writing, | 148 |
and shall include the following: | 149 |
(A) Standards that encourage agencies to propose draft rules, | 150 |
and to evaluate existing rules, and proposed revisions thereto, in | 151 |
such a manner that the rules will be as easy to understand as | 152 |
their subject matter permits; | 153 |
(B) Performance measures that can be applied to evaluate the | 154 |
likely efficiency and effectiveness of a draft or existing rule in | 155 |
achieving its regulatory objectives; | 156 |
(C) Standards for evaluating alternative means of regulation | 157 |
that might reduce or eliminate the adverse impact a draft or | 158 |
existing rule might have on businesses; | 159 |
(D) Standards that will promote transparency, predictability, | 160 |
consistency, and flexibility in the implementation and operation | 161 |
of a draft or existing rule, as well as an overall balance in a | 162 |
draft or existing rule between its regulatory objectives and the | 163 |
costs of compliance it imposes on regulated persons; | 164 |
(E) Standards that require an agency to encourage businesses | 165 |
that might be adversely impacted by a draft rule to participate in | 166 |
the rule-making process, beginning at the earliest practicable | 167 |
stage, and that will encourage businesses that are or may be | 168 |
adversely impacted by | 169 |
assistance to the agency when the | 170 |
existing rule is being implemented and administered; and | 171 |
(F) Any other standards or measures, or any other criteria, | 172 |
the office concludes will reduce or eliminate adverse impacts on | 173 |
businesses and foster improved regulation and economic development | 174 |
in the state. | 175 |
Alternative means of regulation include, and are not limited | 176 |
to, less stringent compliance or reporting requirements, less | 177 |
stringent schedules or deadlines, consolidation or simplification | 178 |
of requirements, establishment of performance standards to replace | 179 |
operational standards, and exemption of businesses. | 180 |
The instrument does not need to be adopted as a rule. The | 181 |
office shall publish the current instrument in the register of | 182 |
Ohio. | 183 |
Sec. 107.54. (A)(1) When the common sense initiative office | 184 |
receives a draft rule and business impact analysis from an agency, | 185 |
the office shall evaluate the draft rule and analysis against the | 186 |
business impact analysis instrument and any other relevant | 187 |
criteria, and may prepare and transmit recommendations to the | 188 |
agency on how the draft rule might be revised to eliminate or | 189 |
reduce any adverse impact the draft rule might have on businesses. | 190 |
(2) When the office receives an existing rule and business | 191 |
impact analysis from an agency under division (A)(2) of section | 192 |
119.033 of the Revised Code, the office shall evaluate the | 193 |
existing rule and analysis against the business impact analysis | 194 |
instrument and any other relevant criteria, and may prepare and | 195 |
transmit recommendations to the agency on how the existing rule | 196 |
might be amended or rescinded to eliminate or reduce any adverse | 197 |
impact the existing rule has on businesses. | 198 |
(B) The office shall transmit any such recommendations | 199 |
electronically to the agency. If the office fails to make such a | 200 |
transmission after receiving the draft or existing rule and | 201 |
business impact analysis, it is as if the office had elected not | 202 |
to make any recommendations. | 203 |
Sec. 107.55. The common sense initiative office, annually not | 204 |
later than the first day of February, shall prepare a report of | 205 |
the activities of the office during the preceding calendar year. | 206 |
The report shall include: | 207 |
(A) A statement of the number of draft and existing rules | 208 |
reviewed during the calendar year; | 209 |
(B) A description of the recommendations made to agencies | 210 |
with regard to draft and existing rules; | 211 |
(C) An assessment of the status of the recommendations made; | 212 |
(D) An explanation of the performance measures developed to | 213 |
evaluate the efficiency and effectiveness of the office; | 214 |
(E) An evaluation of the work of the office judged against | 215 |
the performance measures; and | 216 |
(F) Any other information the office believes will explain | 217 |
the work of the office. | 218 |
The office shall transmit a copy of the report to the | 219 |
governor, the lieutenant governor, the president and minority | 220 |
leader of the senate, and the speaker and minority leader of the | 221 |
house of representatives. | 222 |
Sec. 107.62. The common sense initiative office shall | 223 |
establish a system through which any person may comment | 224 |
concerning: | 225 |
(A) The adverse impact on businesses a draft rule might have; | 226 |
(B) The adverse impact on businesses that a rule currently in | 227 |
effect is having; or | 228 |
(C) The adverse impact on businesses the implementation or | 229 |
administration of a rule currently in effect is having. | 230 |
The office shall prepare a plan for the comment system, and | 231 |
shall revise or replace the plan to improve the comment system in | 232 |
light of learning, experience, or technological development. The | 233 |
office shall publish the current plan for the comment system in | 234 |
the register of Ohio. | 235 |
At a minimum, the plan for the comment system shall provide | 236 |
for communication of comments as follows: The office shall accept | 237 |
comments in writing that are delivered to the office personally, | 238 |
by mail, or by express. The office shall establish a toll-free | 239 |
telephone number that a person may call to offer comments. (The | 240 |
telephone number shall be connected to a recording device at its | 241 |
answering point.) The office shall create a web site that enables | 242 |
a person to offer comments electronically. The web site also shall | 243 |
provide notification to the public of any draft or existing rule | 244 |
that may have an adverse impact on businesses, which notification | 245 |
shall include copies of the draft or existing rule and the | 246 |
business impact analysis of the draft rule. | 247 |
The office shall forward written, telephoned, and | 248 |
electronically transmitted comments to the state agency having | 249 |
jurisdiction over the rule. The office has no other duty with | 250 |
regard to the comments. | 251 |
Sec. 107.63. As used in this section and in section 107.631 | 252 |
of the Revised Code, "small business" means an independently owned | 253 |
and operated for-profit or nonprofit business entity, including | 254 |
affiliates, that has fewer than five hundred full time employees | 255 |
or gross annual sales of less than six million dollars, and has | 256 |
operations located in the state. | 257 |
The small business advisory council is established in the | 258 |
office of the governor. The council shall advise the governor, the | 259 |
lieutenant governor, and the common sense initiative office on the | 260 |
adverse impact draft and existing rules might have on small | 261 |
businesses. The council shall meet at least quarterly. | 262 |
The council consists of nine members. The governor, or the | 263 |
person to whom the governor has delegated responsibilities for the | 264 |
common sense initiative office under section 107.61 of the Revised | 265 |
Code, shall appoint five members, the president of the senate | 266 |
shall appoint two members, and the speaker of the house of | 267 |
representatives shall appoint two members. A member serves at the | 268 |
pleasure of the member's appointing authority. The appointing | 269 |
authorities shall consult with each other and appoint only | 270 |
individuals who are representative of small businesses, and shall | 271 |
do so in such a manner that the membership of the council is | 272 |
composed of representatives of small businesses that are of | 273 |
different sizes, engaged in different lines of business, and | 274 |
located in different parts of the state. | 275 |
Sec. 107.631. (A) The small business advisory council shall | 276 |
establish and operate an entrepreneur in residence pilot program. | 277 |
The mission of the entrepreneur in residence pilot program is to | 278 |
provide for better outreach by state government to small | 279 |
businesses, to strengthen coordination and interaction between | 280 |
state government and small businesses, and to make state | 281 |
government programs and functions simpler, easier to access, more | 282 |
efficient, and more responsive to the needs of small businesses. | 283 |
(B) Not later than the first day of the seventh month after | 284 |
the effective date of this section, the council shall do both of | 285 |
the following: | 286 |
(1) Select not fewer than three nor more than five state | 287 |
agencies that have programs or perform functions affecting small | 288 |
businesses to participate in the entrepreneur in residence pilot | 289 |
program; and | 290 |
(2) Assign only one entrepreneur in residence to each state | 291 |
agency that is participating in the entrepreneurs in residence | 292 |
pilot program. | 293 |
The council shall assign entrepreneurs in residence from | 294 |
among individuals who are representative of small businesses, and | 295 |
who are successful in their fields. | 296 |
The assignment of an entrepreneur in residence is for one | 297 |
year after the date on which the entrepreneur in residence is | 298 |
assigned to a state agency. | 299 |
The council shall monitor the work of entrepreneurs in | 300 |
residence during the pilot program. A state agency shall cooperate | 301 |
with the council to facilitate this monitoring. | 302 |
(C) An entrepreneur in residence shall do all of the | 303 |
following: | 304 |
(1) Facilitate meetings or forums to educate small business | 305 |
owners and operators about the programs or functions of the state | 306 |
agency that affect small businesses; | 307 |
(2) Facilitate in-service sessions with employees of the | 308 |
state agency on issues of concern to small business owners and | 309 |
operators; | 310 |
(3) Advise the state agency on how its programs and functions | 311 |
that affect small businesses might be improved to further the | 312 |
mission of the entrepreneur in residence pilot program; | 313 |
(4) Provide technical assistance or mentorships to small | 314 |
businesses in accessing the programs or functions of the state | 315 |
agency that affect small businesses; and | 316 |
(5) Do any other things that further the mission of the | 317 |
entrepreneur in residence pilot program. | 318 |
(D) An entrepreneur in residence shall report directly to the | 319 |
director or other head of the state agency. | 320 |
An entrepreneur in residence is not entitled to compensation, | 321 |
but is entitled to reimbursement from the state agency of the | 322 |
actual and necessary expenses the entrepreneur in residence incurs | 323 |
in discharge of the entrepreneur in residence's duties. | 324 |
(E)(1) Not later than the date that is one year after an | 325 |
entrepreneur in residence was assigned to a state agency, the | 326 |
entrepreneur in residence shall prepare a report about the state | 327 |
agency. In the report, the entrepreneur in residence shall make | 328 |
recommendations to the state agency that furthers the mission of | 329 |
the entrepreneur in residence program. In particular, the | 330 |
entrepreneur in residence shall make recommendations to the state | 331 |
agency regarding all of the following: | 332 |
(a) Elimination of inefficient or duplicative programs or | 333 |
functions of the state agency that affect small businesses; | 334 |
(b) Methods of improving the efficiency of the programs or | 335 |
functions of the state agency that affect small businesses; | 336 |
(c) Any new program or function affecting small businesses | 337 |
that should be established and implemented by the state agency; | 338 |
and | 339 |
(d) Any other matter that will further the mission of the | 340 |
entrepreneur in residence pilot program. | 341 |
The entrepreneur in residence shall provide a copy of the | 342 |
report to the council and to the state agency. | 343 |
(2) During or upon conclusion of the entrepreneur in | 344 |
residence pilot program, the council may convene an informal | 345 |
working group of entrepreneurs in residence to discuss best | 346 |
practices, experiences, and opportunities for and obstacles to | 347 |
operating small businesses as well as the recommendations in the | 348 |
reports prepared by the entrepreneurs in residence. | 349 |
(F) Upon conclusion of the entrepreneur in residence pilot | 350 |
program, and after considering the reports of the entrepreneurs in | 351 |
residence and information learned from any informal working group, | 352 |
the council shall prepare a report on the entrepreneur in | 353 |
residence pilot program. In the report, the council shall | 354 |
recommend whether the entrepreneur in residence pilot program | 355 |
should be repeated with or without modifications, made permanent | 356 |
with or without modifications, or abandoned. The council shall | 357 |
append the reports of the entrepreneurs in residence to its | 358 |
report. If the pilot program is repeated or made permanent, an | 359 |
individual who previously was assigned as an entrepreneur in | 360 |
residence shall not be reassigned as an entrepreneur in residence. | 361 |
The council shall provide a copy of its report to the common | 362 |
sense initiative office. The office promptly shall transmit a copy | 363 |
of the report to the officials designated in the last paragraph of | 364 |
section 107.55 of the Revised Code. | 365 |
Sec. 111.15. (A) As used in this section: | 366 |
(1) "Rule" includes any rule, regulation, bylaw, or standard | 367 |
having a general and uniform operation adopted by an agency under | 368 |
the authority of the laws governing the agency; any appendix to a | 369 |
rule; and any internal management rule. "Rule" does not include | 370 |
any guideline adopted pursuant to section 3301.0714 of the Revised | 371 |
Code, any order respecting the duties of employees, any finding, | 372 |
any determination of a question of law or fact in a matter | 373 |
presented to an agency, or any rule promulgated pursuant to | 374 |
Chapter 119. | 375 |
section 5117.02 | 376 |
includes any amendment or rescission of a rule. | 377 |
(2) "Agency" means any governmental entity of the state and | 378 |
includes, but is not limited to, any board, department, division, | 379 |
commission, bureau, society, council, institution, state college | 380 |
or university, community college district, technical college | 381 |
district, or state community college. "Agency" does not include | 382 |
the general assembly, the controlling board, the adjutant | 383 |
general's department, or any court. | 384 |
(3) "Internal management rule" means any rule, regulation, | 385 |
bylaw, or standard governing the day-to-day staff procedures and | 386 |
operations within an agency. | 387 |
| 388 |
389 |
(B)(1) Any rule, other than a rule of an emergency nature, | 390 |
adopted by any agency pursuant to this section shall be effective | 391 |
on the tenth day after the day on which the rule in final form and | 392 |
in compliance with division (B)(3) of this section is filed as | 393 |
follows: | 394 |
(a) The rule shall be filed in electronic form with both the | 395 |
secretary of state and the director of the legislative service | 396 |
commission; | 397 |
(b) The rule shall be filed in electronic form with the joint | 398 |
committee on agency rule review. Division (B)(1)(b) of this | 399 |
section does not apply to any rule to which division (D) of this | 400 |
section does not apply. | 401 |
An agency that adopts or amends a rule that is subject to | 402 |
division (D) of this section shall assign a review date to the | 403 |
rule that is not later than five years after its effective date. | 404 |
If | 405 |
assigned to a rule exceeds the five-year maximum, the review date | 406 |
for the rule is five years after its effective date. A rule with a | 407 |
review date is subject to review under section 119.032 of the | 408 |
Revised Code. This paragraph does not apply to a rule of a state | 409 |
college or university, community college district, technical | 410 |
college district, or state community college. | 411 |
| 412 |
413 | |
414 | |
designates an effective date that is later than the effective date | 415 |
provided for by division (B)(1) of this section, the rule if filed | 416 |
as required by such division shall become effective on the later | 417 |
date designated by the agency. | 418 |
Any rule that is required to be filed under division (B)(1) | 419 |
of this section is also subject to division (D) of this section if | 420 |
not exempted by that division | 421 |
422 |
If a rule incorporates a text or other material by reference, | 423 |
the agency shall comply with sections 121.71 to 121.76 of the | 424 |
Revised Code. | 425 |
(2) A rule of an emergency nature necessary for the immediate | 426 |
preservation of the public peace, health, or safety shall state | 427 |
the reasons for the necessity. The emergency rule, in final form | 428 |
and in compliance with division (B)(3) of this section, shall be | 429 |
filed in electronic form with the secretary of state, the director | 430 |
of the legislative service commission, and the joint committee on | 431 |
agency rule review. The emergency rule is effective immediately | 432 |
upon completion of the latest filing, except that if the agency in | 433 |
adopting the emergency rule designates an effective date, or date | 434 |
and time of day, that is later than the effective date and time | 435 |
provided for by division (B)(2) of this section, the emergency | 436 |
rule, if filed as required by such division, shall become | 437 |
effective at the later date, or later date and time of day, | 438 |
designated by the agency. | 439 |
An emergency rule becomes invalid at the end of the | 440 |
one hundred twentieth day it is in effect. Prior to that date, the | 441 |
agency may file the emergency rule as a nonemergency rule in | 442 |
compliance with division (B)(1) of this section. The agency may | 443 |
not refile the emergency rule in compliance with division (B)(2) | 444 |
of this section so that, upon the emergency rule becoming invalid | 445 |
under such division, the emergency rule will continue in effect | 446 |
without interruption for another | 447 |
period. | 448 |
(3) An agency shall file a rule under division (B)(1) or (2) | 449 |
of this section in compliance with the following standards and | 450 |
procedures: | 451 |
(a) The rule shall be numbered in accordance with the | 452 |
numbering system devised by the director for the Ohio | 453 |
administrative code. | 454 |
(b) The rule shall be prepared and submitted in compliance | 455 |
with the rules of the legislative service commission. | 456 |
(c) The rule shall clearly state the date on which it is to | 457 |
be effective and the date on which it will expire, if known. | 458 |
(d) Each rule that amends or rescinds another rule shall | 459 |
clearly refer to the rule that is amended or rescinded. Each | 460 |
amendment shall fully restate the rule as amended. | 461 |
If the director of the legislative service commission or the | 462 |
director's designee gives an agency notice pursuant to section | 463 |
103.05 of the Revised Code that a rule filed by the agency is not | 464 |
in compliance with the rules of the legislative service | 465 |
commission, the agency shall within thirty days after receipt of | 466 |
the notice conform the rule to the rules of the commission as | 467 |
directed in the notice. | 468 |
(C) All rules filed pursuant to divisions (B)(1)(a) and (2) | 469 |
of this section shall be recorded by the secretary of state and | 470 |
the director under the title of the agency adopting the rule and | 471 |
shall be numbered according to the numbering system devised by the | 472 |
director. The secretary of state and the director shall preserve | 473 |
the rules in an accessible manner. Each such rule shall be a | 474 |
public record open to public inspection and may be transmitted to | 475 |
any law publishing company that wishes to reproduce it. | 476 |
(D) At least sixty-five days before a board, commission, | 477 |
department, division, or bureau of the government of the state | 478 |
files a rule under division (B)(1) of this section, it shall file | 479 |
the full text of the proposed rule in electronic form with the | 480 |
joint committee on agency rule review, and the proposed rule is | 481 |
subject to legislative review and invalidation under | 482 |
483 | |
commission, department, division, or bureau makes a | 484 |
revision in a proposed rule after it is filed with the joint | 485 |
committee, the state board, commission, department, division, or | 486 |
bureau shall promptly file the full text of the proposed rule in | 487 |
its revised form in electronic form with the joint committee. The | 488 |
latest version of a proposed rule as filed with the joint | 489 |
committee supersedes each earlier version of the text of the same | 490 |
proposed rule. | 491 |
492 | |
also file the rule summary and fiscal analysis prepared under | 493 |
section 127.18 of the Revised Code in electronic form along with a | 494 |
proposed rule, and along with a proposed rule in revised form, | 495 |
that is filed under this division. If a proposed rule has an | 496 |
adverse impact on businesses, the state board, commission, | 497 |
department, division, or bureau also shall file the business | 498 |
impact analysis, any recommendations received from the common | 499 |
sense initiative office, and the associated memorandum of | 500 |
response, if any, in electronic form along with the proposed rule, | 501 |
or the proposed rule in revised form, that is filed under this | 502 |
division. | 503 |
A proposed rule that is subject to legislative review under | 504 |
this division may not be adopted and filed in final form under | 505 |
division (B)(1) of this section unless the proposed rule has been | 506 |
filed with the joint committee on agency rule review under this | 507 |
division and the time for the joint committee to review the | 508 |
proposed rule has expired without recommendation of a concurrent | 509 |
resolution to invalidate the proposed rule. | 510 |
As used in this division, "commission" includes the public | 511 |
utilities commission when adopting rules under a federal or state | 512 |
statute. | 513 |
This division does not apply to any of the following: | 514 |
(1) A proposed rule of an emergency nature; | 515 |
(2) A rule proposed under section 1121.05, 1121.06, 1155.18, | 516 |
1163.22, 1349.33, 1707.201, 1733.412, 4123.29, 4123.34, 4123.341, | 517 |
4123.342, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised | 518 |
Code; | 519 |
(3) A rule proposed by an agency other than a board, | 520 |
commission, department, division, or bureau of the government of | 521 |
the state; | 522 |
(4) A proposed internal management rule of a board, | 523 |
commission, department, division, or bureau of the government of | 524 |
the state; | 525 |
(5) Any proposed rule that must be adopted verbatim by an | 526 |
agency pursuant to federal law or rule, to become effective within | 527 |
sixty days of adoption, in order to continue the operation of a | 528 |
federally reimbursed program in this state, so long as the | 529 |
proposed rule contains both of the following: | 530 |
(a) A statement that it is proposed for the purpose of | 531 |
complying with a federal law or rule; | 532 |
(b) A citation to the federal law or rule that requires | 533 |
verbatim compliance. | 534 |
(6) An initial rule proposed by the director of health to | 535 |
impose safety standards and quality-of-care standards with respect | 536 |
to a health service specified in section 3702.11 of the Revised | 537 |
Code, or an initial rule proposed by the director to impose | 538 |
quality standards on a facility listed in division (A)(4) of | 539 |
section 3702.30 of the Revised Code, if section 3702.12 of the | 540 |
Revised Code requires that the rule be adopted under this section; | 541 |
(7) A rule of the state lottery commission pertaining to | 542 |
instant game rules. | 543 |
If a rule is exempt from legislative review under division | 544 |
(D)(5) of this section, and if the federal law or rule pursuant to | 545 |
which the rule was adopted expires, is repealed or rescinded, or | 546 |
otherwise terminates, the rule is thereafter subject to | 547 |
legislative review under division (D) of this section. | 548 |
| 549 |
or bureau files a proposed rule or a proposed rule in revised form | 550 |
under division (D) of this section, it shall also file the full | 551 |
text of the same proposed rule or proposed rule in revised form in | 552 |
electronic form with the secretary of state and the director of | 553 |
the legislative service commission. | 554 |
555 | |
division, or bureau shall file the rule summary and fiscal | 556 |
analysis prepared under section 127.18 of the Revised Code in | 557 |
electronic form along with a proposed rule or proposed rule in | 558 |
revised form that is filed with the secretary of state or the | 559 |
director of the legislative service commission. | 560 |
| 561 |
562 | |
563 | |
564 | |
565 | |
566 | |
567 |
Sec. 113.091. Beginning in fiscal year 2016, if a state | 568 |
agency imposes a fine or other sum of money as punishment for an | 569 |
act or omission, and does so in its sole discretion, or solely by | 570 |
implication from a constitutional or statutory grant of authority, | 571 |
any money recovered from imposition of the fine or other sum of | 572 |
money shall be deposited into the state treasury to the credit of | 573 |
the general revenue fund. A state agency is not subject to this | 574 |
requirement if it imposes a fine or other sum of money as | 575 |
punishment for an act or omission pursuant to a constitutional or | 576 |
statutory mandate or authorization that expressly contemplates | 577 |
such an imposition. | 578 |
Sec. 117.20. (A) In adopting rules pursuant to Chapter 117. | 579 |
of the Revised Code, the auditor of state or the auditor of | 580 |
state's designee shall do both of the following: | 581 |
(1) Before adopting any such rule, except a rule of an | 582 |
emergency nature, do each of the following: | 583 |
(a) At least thirty-five days before any public hearing on | 584 |
the proposed rule-making action, mail or send by electronic mail | 585 |
notice of the hearing to each public office and to each statewide | 586 |
organization that the auditor of state or designee determines will | 587 |
be affected or represents persons who will be affected by the | 588 |
proposed rule-making action; | 589 |
(b) Mail or send by electronic mail a copy of the proposed | 590 |
rule to any person or organization that requests a copy within | 591 |
five days after receipt of the request; | 592 |
(c) Consult with appropriate state and local government | 593 |
agencies, or with persons representative of their interests, | 594 |
including statewide organizations of local government officials, | 595 |
and consult with accounting professionals and other interested | 596 |
persons; | 597 |
(d) Conduct, on the date and at the time and place designated | 598 |
in the notice, a public hearing at which any person affected by | 599 |
the proposed rule, including statewide organizations of local | 600 |
government officials, may appear and be heard in person, by | 601 |
attorney, or both, and may present the person's or organization's | 602 |
position or contentions orally or in writing. | 603 |
(2) | 604 |
605 | |
of the Revised Code. | 606 |
607 | |
608 | |
609 | |
610 | |
611 |
(B) The auditor of state shall diligently discharge the | 612 |
duties imposed by divisions (A)(1)(a), (b), and (c) of this | 613 |
section, but failure to mail or send by electronic mail any notice | 614 |
or copy of a proposed rule, or to consult with any person or | 615 |
organization, shall not invalidate any rule. | 616 |
(C) Notwithstanding any contrary provision of the Revised | 617 |
Code, the auditor of state may prepare and disseminate, to public | 618 |
offices and other interested persons and organizations, advisory | 619 |
bulletins, directives, and instructions relating to accounting and | 620 |
financial reporting systems, budgeting procedures, fiscal | 621 |
controls, and the constructions by the auditor of state of | 622 |
constitutional and statutory provisions, court decisions, and | 623 |
opinions of the attorney general. The bulletins, directives, and | 624 |
instructions shall be of an advisory nature only. | 625 |
(D) As used in this section, "rule" includes the adoption, | 626 |
amendment, or rescission of a rule. | 627 |
Sec. 119.01. As used in sections 119.01 to 119.13 of the | 628 |
Revised Code: | 629 |
(A)(1) "Agency" means, except as limited by this division, | 630 |
any official, board, or commission having authority to promulgate | 631 |
rules or make adjudications in the civil service commission, the | 632 |
division of liquor control, the department of taxation, the | 633 |
industrial commission, the bureau of workers' compensation, the | 634 |
functions of any administrative or executive officer, department, | 635 |
division, bureau, board, or commission of the government of the | 636 |
state specifically made subject to sections 119.01 to 119.13 of | 637 |
the Revised Code, and the licensing functions of any | 638 |
administrative or executive officer, department, division, bureau, | 639 |
board, or commission of the government of the state having the | 640 |
authority or responsibility of issuing, suspending, revoking, or | 641 |
canceling licenses. | 642 |
Except as otherwise provided in division (I) of this section, | 643 |
sections 119.01 to 119.13 of the Revised Code do not apply to the | 644 |
public utilities commission. Sections 119.01 to 119.13 of the | 645 |
Revised Code do not apply to the utility radiological safety | 646 |
board; to the controlling board; to actions of the superintendent | 647 |
of financial institutions and the superintendent of insurance in | 648 |
the taking possession of, and rehabilitation or liquidation of, | 649 |
the business and property of banks, savings and loan associations, | 650 |
savings banks, credit unions, insurance companies, associations, | 651 |
reciprocal fraternal benefit societies, and bond investment | 652 |
companies; to any action taken by the division of securities under | 653 |
section 1707.201 of the Revised Code; or to any action that may be | 654 |
taken by the superintendent of financial institutions under | 655 |
section 1113.03, 1121.06, 1121.10, 1125.09, 1125.12, 1125.18, | 656 |
1157.09, 1157.12, 1157.18, 1165.09, 1165.12, 1165.18, 1349.33, | 657 |
1733.35, 1733.361, 1733.37, or 1761.03 of the Revised Code. | 658 |
Sections 119.01 to 119.13 of the Revised Code do not apply to | 659 |
actions of the industrial commission or the bureau of workers' | 660 |
compensation under sections 4123.01 to 4123.94 of the Revised Code | 661 |
with respect to all matters of adjudication, or to the actions of | 662 |
the industrial commission, bureau of workers' compensation board | 663 |
of directors, and bureau of workers' compensation under division | 664 |
(D) of section 4121.32, sections 4123.29, 4123.34, 4123.341, | 665 |
4123.342, 4123.40, 4123.411, 4123.44, 4123.442, 4127.07, divisions | 666 |
(B), (C), and (E) of section 4131.04, and divisions (B), (C), and | 667 |
(E) of section 4131.14 of the Revised Code with respect to all | 668 |
matters concerning the establishment of premium, contribution, and | 669 |
assessment rates. | 670 |
(2) "Agency" also means any official or work unit having | 671 |
authority to promulgate rules or make adjudications in the | 672 |
department of job and family services, but only with respect to | 673 |
both of the following: | 674 |
(a) The adoption, amendment, or rescission of rules that | 675 |
section 5101.09 of the Revised Code requires be adopted in | 676 |
accordance with this chapter; | 677 |
(b) The issuance, suspension, revocation, or cancellation of | 678 |
licenses. | 679 |
(B) "License" means any license, permit, certificate, | 680 |
commission, or charter issued by any agency. "License" does not | 681 |
include any arrangement whereby a person, institution, or entity | 682 |
furnishes medicaid services under a provider agreement with the | 683 |
department of job and family services pursuant to Title XIX of the | 684 |
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as | 685 |
amended. | 686 |
(C) "Rule" means any rule, regulation, or standard, having a | 687 |
general and uniform operation, adopted, promulgated, and enforced | 688 |
by any agency under the authority of the laws governing such | 689 |
agency, and includes any appendix to a rule. "Rule" does not | 690 |
include any internal management rule of an agency unless the | 691 |
internal management rule affects private rights and does not | 692 |
include any guideline adopted pursuant to section 3301.0714 of the | 693 |
Revised Code. | 694 |
(D) "Adjudication" means the determination by the highest or | 695 |
ultimate authority of an agency of the rights, duties, privileges, | 696 |
benefits, or legal relationships of a specified person, but does | 697 |
not include the issuance of a license in response to an | 698 |
application with respect to which no question is raised, nor other | 699 |
acts of a ministerial nature. | 700 |
(E) "Hearing" means a public hearing by any agency in | 701 |
compliance with procedural safeguards afforded by sections 119.01 | 702 |
to 119.13 of the Revised Code. | 703 |
(F) "Person" means a person, firm, corporation, association, | 704 |
or partnership. | 705 |
(G) "Party" means the person whose interests are the subject | 706 |
of an adjudication by an agency. | 707 |
(H) "Appeal" means the procedure by which a person, aggrieved | 708 |
by a finding, decision, order, or adjudication of any agency, | 709 |
invokes the jurisdiction of a court. | 710 |
(I) "Rule-making agency" means any board, commission, | 711 |
department, division, or bureau of the government of the state | 712 |
that is required to file proposed rules, amendments, or | 713 |
rescissions under division (D) of section 111.15 of the Revised | 714 |
Code and any agency that is required to file proposed rules, | 715 |
amendments, or rescissions under divisions (B) and (H) of section | 716 |
119.03 of the Revised Code. "Rule-making agency" includes the | 717 |
public utilities commission. "Rule-making agency" does not include | 718 |
any state-supported college or university. | 719 |
(J) | 720 |
721 | |
722 | |
723 |
| 724 |
725 | |
726 |
| 727 |
728 |
| 729 |
standard governing the day-to-day staff procedures and operations | 730 |
within an agency. | 731 |
Sec. 119.03. In the adoption, amendment, or rescission of | 732 |
any rule, an agency shall comply with the following procedure: | 733 |
(A) Reasonable public notice shall be given in the register | 734 |
of Ohio at least thirty days prior to the date set for a hearing, | 735 |
in the form the agency determines. The agency shall file copies of | 736 |
the public notice under division (B) of this section. (The agency | 737 |
gives public notice in the register of Ohio when the public notice | 738 |
is published in the register under that division.) | 739 |
The public notice shall include: | 740 |
(1) A statement of the agency's intention to consider | 741 |
adopting, amending, or rescinding a rule; | 742 |
(2) A synopsis of the proposed rule, amendment, or rule to be | 743 |
rescinded or a general statement of the subject matter to which | 744 |
the proposed rule, amendment, or rescission relates; | 745 |
(3) A statement of the reason or purpose for adopting, | 746 |
amending, or rescinding the rule; | 747 |
(4) The date, time, and place of a hearing on the proposed | 748 |
action, which shall be not earlier than the thirty-first nor later | 749 |
than the fortieth day after the proposed rule, amendment, or | 750 |
rescission is filed under division (B) of this section. | 751 |
In addition to public notice given in the register of Ohio, | 752 |
the agency may give whatever other notice it reasonably considers | 753 |
necessary to ensure notice constructively is given to all persons | 754 |
who are subject to or affected by the proposed rule, amendment, or | 755 |
rescission. | 756 |
The agency shall provide a copy of the public notice required | 757 |
under division (A) of this section to any person who requests it | 758 |
and pays a reasonable fee, not to exceed the cost of copying and | 759 |
mailing. | 760 |
(B) The full text of the proposed rule, amendment, or rule to | 761 |
be rescinded, accompanied by the public notice required under | 762 |
division (A) of this section, shall be filed in electronic form | 763 |
with the secretary of state and with the director of the | 764 |
legislative service commission. (If in compliance with this | 765 |
division an agency files more than one proposed rule, amendment, | 766 |
or rescission at the same time, and has prepared a public notice | 767 |
under division (A) of this section that applies to more than one | 768 |
of the proposed rules, amendments, or rescissions, the agency | 769 |
shall file only one notice with the secretary of state and with | 770 |
the director for all of the proposed rules, amendments, or | 771 |
rescissions to which the notice applies.) The proposed rule, | 772 |
amendment, or rescission and public notice shall be filed as | 773 |
required by this division at least sixty-five days prior to the | 774 |
date on which the agency, in accordance with division (D) of this | 775 |
section, issues an order adopting the proposed rule, amendment, or | 776 |
rescission. | 777 |
If the proposed rule, amendment, or rescission incorporates a | 778 |
text or other material by reference, the agency shall comply with | 779 |
sections 121.71 to 121.76 of the Revised Code. | 780 |
The proposed rule, amendment, or rescission shall be | 781 |
available for at least thirty days prior to the date of the | 782 |
hearing at the office of the agency in printed or other legible | 783 |
form without charge to any person affected by the proposal. | 784 |
Failure to furnish such text to any person requesting it shall not | 785 |
invalidate any action of the agency in connection therewith. | 786 |
If the agency files a substantive revision in the text of the | 787 |
proposed rule, amendment, or rescission under division (H) of this | 788 |
section, it shall also promptly file the full text of the proposed | 789 |
rule, amendment, or rescission in its revised form in electronic | 790 |
form with the secretary of state and with the director of the | 791 |
legislative service commission. | 792 |
The agency shall file the rule summary and fiscal analysis | 793 |
prepared under section 127.18 of the Revised Code in electronic | 794 |
form along with a proposed rule, amendment, or rescission or | 795 |
proposed rule, amendment, or rescission in revised form that is | 796 |
filed with the secretary of state or the director of the | 797 |
legislative service commission. | 798 |
The director of the legislative service commission shall | 799 |
publish in the register of Ohio the full text of the original and | 800 |
each revised version of a proposed rule, amendment, or rescission; | 801 |
the full text of a public notice; and the full text of a rule | 802 |
summary and fiscal analysis that is filed with the director under | 803 |
this division. | 804 |
(C) On the date and at the time and place designated in the | 805 |
notice, the agency shall conduct a public hearing at which any | 806 |
person affected by the proposed action of the agency may appear | 807 |
and be heard in person, by the person's attorney, or both, may | 808 |
present the person's position, arguments, or contentions, orally | 809 |
or in writing, offer and examine witnesses, and present evidence | 810 |
tending to show that the proposed rule, amendment, or rescission, | 811 |
if adopted or effectuated, will be unreasonable or unlawful. An | 812 |
agency may permit persons affected by the proposed rule, | 813 |
amendment, or rescission to present their positions, arguments, or | 814 |
contentions in writing, not only at the hearing, but also for a | 815 |
reasonable period before, after, or both before and after the | 816 |
hearing. A person who presents a position or arguments or | 817 |
contentions in writing before or after the hearing is not required | 818 |
to appear at the hearing. | 819 |
At the hearing, the testimony shall be recorded. Such record | 820 |
shall be made at the expense of the agency. The agency is required | 821 |
to transcribe a record that is not sight readable only if a person | 822 |
requests transcription of all or part of the record and agrees to | 823 |
reimburse the agency for the costs of the transcription. An agency | 824 |
may require the person to pay in advance all or part of the cost | 825 |
of the transcription. | 826 |
In any hearing under this section the agency may administer | 827 |
oaths or affirmations. | 828 |
The agency shall consider the positions, arguments, or | 829 |
contentions presented at, or before or after, the hearing. The | 830 |
agency shall prepare a hearing summary of the positions, | 831 |
arguments, or contentions, and of the issues raised by the | 832 |
positions, arguments, or contentions. The agency then shall | 833 |
prepare a hearing report explaining, with regard to each issue, | 834 |
how it is reflected in the rule, amendment, or rescission. If an | 835 |
issue is not reflected in the rule, amendment, or rescission, the | 836 |
hearing report shall explain why the issue is not reflected. The | 837 |
agency shall append the hearing summary to the hearing report. | 838 |
(D) After complying with divisions (A), (B), (C), and (H) of | 839 |
this section, and when the time for legislative review and | 840 |
invalidation under division (I) of this section has expired | 841 |
without recommendation of a concurrent resolution to invalidate | 842 |
the proposed rule, amendment, or rescission, the agency may issue | 843 |
an order adopting the proposed rule or the proposed amendment or | 844 |
rescission of the rule, consistent with the synopsis or general | 845 |
statement included in the public notice. At that time the agency | 846 |
shall designate the effective date of the rule, amendment, or | 847 |
rescission, which shall not be earlier than the tenth day after | 848 |
the rule, amendment, or rescission has been filed in its final | 849 |
form as provided in section 119.04 of the Revised Code. | 850 |
An agency may not adopt a proposed rule, amendment, or | 851 |
rescission or revised proposed rule, amendment, or rescission or | 852 |
file it in final form unless the proposed rule has been filed with | 853 |
the joint committee on agency rule review under division (D) of | 854 |
section 111.15 of the Revised Code or division (H) of this section | 855 |
and the time for the joint committee to review the proposed rule | 856 |
has expired without recommendation of a concurrent resolution to | 857 |
invalidate the proposed rule. | 858 |
(E) Prior to the effective date of a rule, amendment, or | 859 |
rescission, the agency shall make a reasonable effort to inform | 860 |
those affected by the rule, amendment, or rescission and to have | 861 |
available for distribution to those requesting it the full text of | 862 |
the rule as adopted or as amended. | 863 |
(F) If the governor, upon the request of an agency, | 864 |
determines that an emergency requires the immediate adoption, | 865 |
amendment, or rescission of a rule, the governor shall issue an | 866 |
order, the text of which shall be filed in electronic form with | 867 |
the agency, the secretary of state, the director of the | 868 |
legislative service commission, and the joint committee on agency | 869 |
rule review, that the procedure prescribed by this section with | 870 |
respect to the adoption, amendment, or rescission of a specified | 871 |
rule is suspended. The agency may then adopt immediately the | 872 |
emergency rule, amendment, or rescission and it becomes effective | 873 |
on the date the rule, amendment, or rescission, in final form and | 874 |
in compliance with division (A)(2) of section 119.04 of the | 875 |
Revised Code, is filed in electronic form with the secretary of | 876 |
state, the director of the legislative service commission, and the | 877 |
joint committee on agency rule review. If all filings are not | 878 |
completed on the same day, the emergency rule, amendment, or | 879 |
rescission shall be effective on the day on which the latest | 880 |
filing is completed. The director shall publish the full text of | 881 |
the emergency rule, amendment, or rescission in the register of | 882 |
Ohio. | 883 |
The emergency rule, amendment, or rescission shall become | 884 |
invalid at the end of the | 885 |
is in effect. Prior to that date the agency may adopt the | 886 |
emergency rule, amendment, or rescission as a nonemergency rule, | 887 |
amendment, or rescission by complying with the procedure | 888 |
prescribed by this section for the adoption, amendment, and | 889 |
rescission of nonemergency rules. The agency shall not use the | 890 |
procedure of this division to readopt the emergency rule, | 891 |
amendment, or rescission so that, upon the emergency rule, | 892 |
amendment, or rescission becoming invalid under this division, the | 893 |
emergency rule, amendment, or rescission will continue in effect | 894 |
without interruption for another | 895 |
one-hundred-twenty-day period, except when division (I)(2)(a) of | 896 |
this section prevents the agency from adopting the emergency rule, | 897 |
amendment, or rescission as a nonemergency rule, amendment, or | 898 |
rescission within the | 899 |
This division does not apply to the adoption of any emergency | 900 |
rule, amendment, or rescission by the tax commissioner under | 901 |
division (C)(2) of section 5117.02 of the Revised Code. | 902 |
(G) Rules adopted by an authority within the department of | 903 |
job and family services for the administration or enforcement of | 904 |
Chapter 4141. of the Revised Code or of the department of taxation | 905 |
shall be effective without a hearing as provided by this section | 906 |
if the statutes pertaining to such agency specifically give a | 907 |
right of appeal to the board of tax appeals or to a higher | 908 |
authority within the agency or to a court, and also give the | 909 |
appellant a right to a hearing on such appeal. This division does | 910 |
not apply to the adoption of any rule, amendment, or rescission by | 911 |
the tax commissioner under division (C)(1) or (2) of section | 912 |
5117.02 of the Revised Code, or deny the right to file an action | 913 |
for declaratory judgment as provided in Chapter 2721. of the | 914 |
Revised Code from the decision of the board of tax appeals or of | 915 |
the higher authority within such agency. | 916 |
(H) When any agency files a proposed rule, amendment, or | 917 |
rescission under division (B) of this section, it shall also file | 918 |
in electronic form with the joint committee on agency rule review | 919 |
the full text of the proposed rule, amendment, or rule to be | 920 |
rescinded in the same form and the public notice required under | 921 |
division (A) of this section. (If in compliance with this division | 922 |
an agency files more than one proposed rule, amendment, or | 923 |
rescission at the same time, and has given a public notice under | 924 |
division (A) of this section that applies to more than one of the | 925 |
proposed rules, amendments, or rescissions, the agency shall file | 926 |
only one notice with the joint committee for all of the proposed | 927 |
rules, amendments, or rescissions to which the notice applies.) If | 928 |
the agency makes a substantive revision in a proposed rule, | 929 |
amendment, or rescission after it is filed with the joint | 930 |
committee, the agency shall promptly file the full text of the | 931 |
proposed rule, amendment, or rescission in its revised form in | 932 |
electronic form with the joint committee. The latest version of a | 933 |
proposed rule, amendment, or rescission as filed with the joint | 934 |
committee supersedes each earlier version of the text of the same | 935 |
proposed rule, amendment, or rescission. If the hearing report is | 936 |
available when the proposed rule, amendment, or rescission is | 937 |
filed, or when the hearing report later becomes available, the | 938 |
agency shall file a copy of the hearing report with the joint | 939 |
committee along with the proposed rule, amendment, or rescission | 940 |
or at a later time with reference to the proposed rule, amendment, | 941 |
or rescission. (The later filing of a hearing report does not | 942 |
constitute a revision of the proposed rule, amendment, or | 943 |
rescission to which the report relates.) An agency shall file the | 944 |
rule summary and fiscal analysis prepared under section 127.18 of | 945 |
the Revised Code in electronic form along with a proposed rule, | 946 |
amendment, or rescission, and along with a proposed rule, | 947 |
amendment, or rescission in revised form, that is filed under this | 948 |
division. If a proposed rule, amendment, or rescission has an | 949 |
adverse impact on businesses, the agency also shall file the | 950 |
business impact analysis, any recommendations received from the | 951 |
common sense initiative office, and the agency's memorandum of | 952 |
response, if any, in electronic form along with the proposed rule, | 953 |
amendment, or rescission, or along with the proposed rule, | 954 |
amendment, or rescission in revised form, that is filed under this | 955 |
division. | 956 |
This division does not apply to: | 957 |
(1) An emergency rule, amendment, or rescission; | 958 |
(2) Any proposed rule, amendment, or rescission that must be | 959 |
adopted verbatim by an agency pursuant to federal law or rule, to | 960 |
become effective within sixty days of adoption, in order to | 961 |
continue the operation of a federally reimbursed program in this | 962 |
state, so long as the proposed rule contains both of the | 963 |
following: | 964 |
(a) A statement that it is proposed for the purpose of | 965 |
complying with a federal law or rule; | 966 |
(b) A citation to the federal law or rule that requires | 967 |
verbatim compliance. | 968 |
If a rule or amendment is exempt from legislative review | 969 |
under division (H)(2) of this section, and if the federal law or | 970 |
rule pursuant to which the rule or amendment was adopted expires, | 971 |
is repealed or rescinded, or otherwise terminates, the rule or | 972 |
amendment, or its rescission, is thereafter subject to legislative | 973 |
review under division (H) of this section. | 974 |
(I)(1) The joint committee on agency rule review may | 975 |
recommend the adoption of a concurrent resolution invalidating a | 976 |
proposed rule, amendment, rescission, or part thereof if it finds | 977 |
any of the following: | 978 |
(a) That the rule-making agency has exceeded the scope of its | 979 |
statutory authority in proposing the rule, amendment, or | 980 |
rescission; | 981 |
(b) That the proposed rule, amendment, or rescission | 982 |
conflicts with another rule, amendment, or rescission adopted by | 983 |
the same or a different rule-making agency; | 984 |
(c) That the proposed rule, amendment, or rescission | 985 |
conflicts with the legislative intent in enacting the statute | 986 |
under which the rule-making agency proposed the rule, amendment, | 987 |
or rescission; | 988 |
(d) That the rule-making agency has failed to prepare a | 989 |
complete and accurate rule summary and fiscal analysis of the | 990 |
proposed rule, amendment, or rescission as required by section | 991 |
127.18 of the Revised Code; | 992 |
(e) That the proposed rule, amendment, or rescission | 993 |
incorporates a text or other material by reference and either the | 994 |
rule-making agency has failed to file the text or other material | 995 |
incorporated by reference as required by section 121.73 of the | 996 |
Revised Code or, in the case of a proposed rule or amendment, the | 997 |
incorporation by reference fails to meet the standards stated in | 998 |
section 121.72, 121.75, or 121.76 of the Revised Code; | 999 |
(f) That the rule-making agency has failed to demonstrate | 1000 |
through the business impact analysis, recommendations from the | 1001 |
common sense initiative office, and the memorandum of response the | 1002 |
agency has filed under division (H) of this section that the | 1003 |
regulatory intent of the proposed rule, amendment, or rescission | 1004 |
justifies its adverse impact on businesses in this state. | 1005 |
The joint committee shall not hold its public hearing on a | 1006 |
proposed rule, amendment, or rescission earlier than the | 1007 |
forty-first day after the original version of the proposed rule, | 1008 |
amendment, or rescission was filed with the joint committee. | 1009 |
When the joint committee recommends invalidation of a | 1010 |
proposed or existing rule, the chairperson of the joint committee, | 1011 |
or another member of the joint committee designated by the | 1012 |
chairperson, shall prepare the recommendation of invalidation in | 1013 |
writing. The recommendation shall identify the proposed or | 1014 |
existing rule, the agency that proposed or submitted the proposed | 1015 |
or existing rule, and the finding that caused the joint committee | 1016 |
to make the recommendation. The recommendation briefly shall | 1017 |
explain the finding. | 1018 |
The chairperson of the joint committee shall request the | 1019 |
legislative service commission to prepare a concurrent resolution | 1020 |
to invalidate the proposed or existing rule according to the | 1021 |
recommendation. The concurrent resolution shall state the finding | 1022 |
that caused the joint committee to recommend invalidation of the | 1023 |
rule. | 1024 |
The chairperson of the joint committee on agency rule review, | 1025 |
or another member of the joint committee designated by the | 1026 |
chairperson, shall submit a concurrent resolution to invalidate a | 1027 |
proposed or existing rule to the clerk of either house of the | 1028 |
general assembly. The recommendation of invalidation and a copy of | 1029 |
the proposed or existing rule also shall be submitted to the clerk | 1030 |
along with the concurrent resolution. | 1031 |
The house of representatives and senate may adopt a | 1032 |
concurrent resolution invalidating a proposed rule, amendment, | 1033 |
rescission, or part thereof. The concurrent resolution shall state | 1034 |
which of the specific rules, amendments, rescissions, or parts | 1035 |
thereof are invalidated. A concurrent resolution invalidating a | 1036 |
proposed rule, amendment, or rescission shall be adopted not later | 1037 |
than the sixty-fifth day after the original version of the text of | 1038 |
the proposed rule, amendment, or rescission is filed with the | 1039 |
joint committee, except that if more than thirty-five days after | 1040 |
the original version is filed the rule-making agency either files | 1041 |
a revised version of the text of the proposed rule, amendment, or | 1042 |
rescission, or revises the rule summary and fiscal analysis in | 1043 |
accordance with division (I)(4) of this section, a concurrent | 1044 |
resolution invalidating the proposed rule, amendment, or | 1045 |
rescission shall be adopted not later than the thirtieth day after | 1046 |
the revised version of the proposed rule or rule summary and | 1047 |
fiscal analysis is filed. If, after the joint committee on agency | 1048 |
rule review recommends the adoption of a concurrent resolution | 1049 |
invalidating a proposed rule, amendment, rescission, or part | 1050 |
thereof, the house of representatives or senate does not, within | 1051 |
the time remaining for adoption of the concurrent resolution, hold | 1052 |
five floor sessions at which its journal records a roll call vote | 1053 |
disclosing a sufficient number of members in attendance to pass a | 1054 |
bill, the time within which that house may adopt the concurrent | 1055 |
resolution is extended until it has held five such floor sessions. | 1056 |
Within five days after the adoption of a concurrent | 1057 |
resolution invalidating a proposed rule, amendment, rescission, or | 1058 |
part thereof, the clerk | 1059 |
agency, the secretary of state, and the director of the | 1060 |
legislative service commission in electronic form a certified text | 1061 |
of the resolution together with a certification stating the date | 1062 |
on which the resolution takes effect. The secretary of state and | 1063 |
the director of the legislative service commission shall each note | 1064 |
the invalidity of the proposed rule, amendment, rescission, or | 1065 |
part thereof, and shall each remove the invalid proposed rule, | 1066 |
amendment, rescission, or part thereof from the file of proposed | 1067 |
rules. The rule-making agency shall not proceed to adopt in | 1068 |
accordance with division (D) of this section, or to file in | 1069 |
accordance with division (B)(1) of section 111.15 of the Revised | 1070 |
Code, any version of a proposed rule, amendment, rescission, or | 1071 |
part thereof that has been invalidated by concurrent resolution. | 1072 |
Unless the house of representatives and senate adopt a | 1073 |
concurrent resolution invalidating a proposed rule, amendment, | 1074 |
rescission, or part thereof within the time specified by this | 1075 |
division, the rule-making agency may proceed to adopt in | 1076 |
accordance with division (D) of this section, or to file in | 1077 |
accordance with division (B)(1) of section 111.15 of the Revised | 1078 |
Code, the latest version of the proposed rule, amendment, or | 1079 |
rescission as filed with the joint committee. If by concurrent | 1080 |
resolution certain of the rules, amendments, rescissions, or parts | 1081 |
thereof are specifically invalidated, the rule-making agency may | 1082 |
proceed to adopt, in accordance with division (D) of this section, | 1083 |
or to file in accordance with division (B)(1) of section 111.15 of | 1084 |
the Revised Code, the latest version of the proposed rules, | 1085 |
amendments, rescissions, or parts thereof as filed with the joint | 1086 |
committee that are not specifically invalidated. The rule-making | 1087 |
agency may not revise or amend any proposed rule, amendment, | 1088 |
rescission, or part thereof that has not been invalidated except | 1089 |
as provided in this chapter or in section 111.15 of the Revised | 1090 |
Code. | 1091 |
(2)(a) A proposed rule, amendment, or rescission that is | 1092 |
filed with the joint committee under division (H) of this section | 1093 |
or division (D) of section 111.15 of the Revised Code shall be | 1094 |
carried over for legislative review to the next succeeding regular | 1095 |
session of the general assembly if the original or any revised | 1096 |
version of the proposed rule, amendment, or rescission is filed | 1097 |
with the joint committee on or after the first day of December of | 1098 |
any year. | 1099 |
(b) The latest version of any proposed rule, amendment, or | 1100 |
rescission that is subject to division (I)(2)(a) of this section, | 1101 |
as filed with the joint committee, is subject to legislative | 1102 |
review and invalidation in the next succeeding regular session of | 1103 |
the general assembly in the same manner as if it were the original | 1104 |
version of a proposed rule, amendment, or rescission that had been | 1105 |
filed with the joint committee for the first time on the first day | 1106 |
of the session. A rule-making agency shall not adopt in accordance | 1107 |
with division (D) of this section, or file in accordance with | 1108 |
division (B)(1) of section 111.15 of the Revised Code, any version | 1109 |
of a proposed rule, amendment, or rescission that is subject to | 1110 |
division (I)(2)(a) of this section until the time for legislative | 1111 |
review and invalidation, as contemplated by division (I)(2)(b) of | 1112 |
this section, has expired. | 1113 |
(3) Invalidation of any version of a proposed rule, | 1114 |
amendment, rescission, or part thereof by concurrent resolution | 1115 |
shall prevent the rule-making agency from instituting or | 1116 |
continuing proceedings to adopt any version of the same proposed | 1117 |
rule, amendment, rescission, or part thereof for the duration of | 1118 |
the general assembly that invalidated the proposed rule, | 1119 |
amendment, rescission, or part thereof unless the same general | 1120 |
assembly adopts a concurrent resolution permitting the rule-making | 1121 |
agency to institute or continue such proceedings. | 1122 |
The failure of the general assembly to invalidate a proposed | 1123 |
rule, amendment, rescission, or part thereof under this section | 1124 |
shall not be construed as a ratification of the lawfulness or | 1125 |
reasonableness of the proposed rule, amendment, rescission, or any | 1126 |
part thereof or of the validity of the procedure by which the | 1127 |
proposed rule, amendment, rescission, or any part thereof was | 1128 |
proposed or adopted. | 1129 |
(4) In lieu of recommending a concurrent resolution to | 1130 |
invalidate a proposed rule, amendment, rescission, or part thereof | 1131 |
because the rule-making agency has failed to prepare a complete | 1132 |
and accurate fiscal analysis, the joint committee on agency rule | 1133 |
review may issue, on a one-time basis, for rules, amendments, | 1134 |
rescissions, or parts thereof that have a fiscal effect on school | 1135 |
districts, counties, townships, or municipal corporations, a | 1136 |
finding that the rule summary and fiscal analysis is incomplete or | 1137 |
inaccurate and order the rule-making agency to revise the rule | 1138 |
summary and fiscal analysis and refile it with the proposed rule, | 1139 |
amendment, rescission, or part thereof. If an emergency rule is | 1140 |
filed as a nonemergency rule before the end of the ninetieth day | 1141 |
of the emergency rule's effectiveness, and the joint committee | 1142 |
issues a finding and orders the rule-making agency to refile under | 1143 |
division (I)(4) of this section, the governor may also issue an | 1144 |
order stating that the emergency rule shall remain in effect for | 1145 |
an additional sixty days after the ninetieth day of the emergency | 1146 |
rule's effectiveness. The governor's orders shall be filed in | 1147 |
accordance with division (F) of this section. The joint committee | 1148 |
shall send in electronic form to the rule-making agency, the | 1149 |
secretary of state, and the director of the legislative service | 1150 |
commission a certified text of the finding and order to revise the | 1151 |
rule summary and fiscal analysis, which shall take immediate | 1152 |
effect. | 1153 |
An order issued under division (I)(4) of this section shall | 1154 |
prevent the rule-making agency from instituting or continuing | 1155 |
proceedings to adopt any version of the proposed rule, amendment, | 1156 |
rescission, or part thereof until the rule-making agency revises | 1157 |
the rule summary and fiscal analysis and refiles it in electronic | 1158 |
form with the joint committee along with the proposed rule, | 1159 |
amendment, rescission, or part thereof. If the joint committee | 1160 |
finds the rule summary and fiscal analysis to be complete and | 1161 |
accurate, the joint committee shall issue a new order noting that | 1162 |
the rule-making agency has revised and refiled a complete and | 1163 |
accurate rule summary and fiscal analysis. The joint committee | 1164 |
shall send in electronic form to the rule-making agency, the | 1165 |
secretary of state, and the director of the legislative service | 1166 |
commission a certified text of this new order. The secretary of | 1167 |
state and the director of the legislative service commission shall | 1168 |
each link this order to the proposed rule, amendment, rescission, | 1169 |
or part thereof. The rule-making agency may then proceed to adopt | 1170 |
in accordance with division (D) of this section, or to file in | 1171 |
accordance with division (B)(1) of section 111.15 of the Revised | 1172 |
Code, the proposed rule, amendment, rescission, or part thereof | 1173 |
that was subject to the finding and order under division (I)(4) of | 1174 |
this section. If the joint committee determines that the revised | 1175 |
rule summary and fiscal analysis is still inaccurate or | 1176 |
incomplete, the joint committee shall recommend the adoption of a | 1177 |
concurrent resolution in accordance with division (I)(1) of this | 1178 |
section. | 1179 |
Sec. 119.032. (A) As used in this section and in section | 1180 |
119.033 of the Revised Code: | 1181 |
(1) "Agency" includes both an agency as defined in division | 1182 |
(A)(2) of section 111.15 and an agency as defined in division (A) | 1183 |
of section 119.01 of the Revised Code. | 1184 |
(2) "Review date" means the review date assigned to a rule by | 1185 |
an agency | 1186 |
1187 | |
1188 | |
committee on agency rule review | 1189 |
1190 |
(3)(a) "Rule" means only a rule whose adoption, amendment, or | 1191 |
rescission is subject to review under division (D) of section | 1192 |
111.15 or division (H) of section 119.03 of the Revised Code. | 1193 |
(b) "Rule" does not include a rule adopted, amended, or | 1194 |
rescinded by the department of taxation under section 5703.14 of | 1195 |
the Revised Code, a rule of a state college or university, | 1196 |
community college district, technical college district, or state | 1197 |
community college, or a rule that is consistent with and | 1198 |
equivalent to the form required by a federal law and that does not | 1199 |
exceed the minimum scope and intent of that federal law. | 1200 |
(B) | 1201 |
1202 | |
1203 | |
1204 | |
1205 | |
1206 | |
1207 | |
1208 | |
1209 | |
1210 | |
1211 | |
1212 | |
1213 | |
dates it has assigned to specific rules so long as the agency | 1214 |
complies with the five-year time deadline | 1215 |
1216 |
Upon the request of the agency that adopted the rule, the | 1217 |
joint committee on agency rule review may extend a review date of | 1218 |
a rule to a date that is not later than one hundred eighty days | 1219 |
after the | 1220 |
1221 | |
1222 | |
committee may further extend a review date that has been extended | 1223 |
under this paragraph if appropriate under the circumstances. | 1224 |
(C) Prior to the review date of a rule, the agency that | 1225 |
adopted the rule shall review the rule to determine all of the | 1226 |
following: | 1227 |
(1) Whether the rule should be continued without amendment, | 1228 |
be amended, or be rescinded, taking into consideration the | 1229 |
purpose, scope, and intent of the statute under which the rule was | 1230 |
adopted; | 1231 |
(2) Whether the rule needs amendment or rescission to give | 1232 |
more flexibility at the local level; | 1233 |
(3) Whether the rule needs amendment or rescission to | 1234 |
eliminate unnecessary paperwork, or whether the rule incorporates | 1235 |
a text or other material by reference and, if so, whether the text | 1236 |
or other material incorporated by reference is deposited or | 1237 |
displayed as required by section 121.74 of the Revised Code and | 1238 |
whether the incorporation by reference meets the standards stated | 1239 |
in sections 121.72, 121.75, and 121.76 of the Revised Code; | 1240 |
(4) Whether the rule duplicates, overlaps with, or conflicts | 1241 |
with other rules; | 1242 |
(5) Whether the rule has an adverse impact on businesses, | 1243 |
reviewing the rule as if it were a draft rule being reviewed under | 1244 |
sections 107.52 and 107.53 of the Revised Code, and whether any | 1245 |
such adverse impact has been eliminated or reduced. | 1246 |
| 1247 |
1248 | |
rule, the nature of any complaints or comments received concerning | 1249 |
the rule, and any relevant factors that have changed in the | 1250 |
subject matter area affected by the rule. | 1251 |
| 1252 |
1253 | |
1254 | |
1255 |
| 1256 |
1257 | |
1258 | |
1259 | |
1260 | |
1261 | |
1262 | |
1263 | |
1264 | |
1265 | |
1266 | |
1267 | |
1268 | |
1269 | |
1270 | |
1271 | |
1272 | |
1273 | |
1274 | |
1275 | |
1276 | |
1277 | |
1278 | |
1279 | |
1280 | |
1281 | |
1282 | |
1283 | |
1284 | |
1285 | |
1286 |
| 1287 |
1288 | |
1289 | |
1290 | |
1291 | |
1292 | |
1293 |
| 1294 |
1295 | |
1296 |
| 1297 |
1298 | |
1299 | |
1300 | |
1301 | |
1302 | |
1303 |
| 1304 |
1305 | |
1306 | |
1307 |
| 1308 |
1309 | |
1310 | |
1311 | |
1312 | |
1313 | |
1314 | |
1315 |
| 1316 |
1317 | |
1318 | |
1319 | |
1320 |
| 1321 |
adopted the rule shall determine, on the basis of its review of | 1322 |
the rule, whether the rule needs to be amended or rescinded. | 1323 |
(1) If the rule needs to be amended or rescinded, the agency, | 1324 |
on or before the review date of the rule, shall commence the | 1325 |
process of amending or rescinding the rule in accordance with its | 1326 |
review of the rule. | 1327 |
(2) If the rule does not need to be amended or rescinded, | 1328 |
proceedings shall be had under section 119.033 of the Revised | 1329 |
Code. | 1330 |
(E) Each agency shall provide the joint committee with a copy | 1331 |
of the rules that it has determined are rules described in | 1332 |
division (A)(3)(b) of this section. At a time the joint committee | 1333 |
designates, each agency shall appear before the joint committee | 1334 |
and explain why it has determined that such rules are rules | 1335 |
described in division (A)(3)(b) of this section. The joint | 1336 |
committee, by a two-thirds vote of the members present, may | 1337 |
determine that any of such rules are rules described in division | 1338 |
(A)(3)(a) of this section. After the joint committee has made such | 1339 |
a determination relating to a rule, the agency shall thereafter | 1340 |
treat the rule as a rule described in division (A)(3)(a) of this | 1341 |
section. | 1342 |
(F) If an agency fails to | 1343 |
1344 | |
1345 | |
1346 | |
section 119.033 of the Revised Code, the joint committee, by a | 1347 |
majority vote of the members present, may recommend the adoption | 1348 |
of a concurrent resolution invalidating the rule. The joint | 1349 |
committee shall not recommend the adoption of such a resolution | 1350 |
until it has afforded the agency the opportunity to appear before | 1351 |
the joint committee to show cause why the joint committee should | 1352 |
not recommend the adoption of such a resolution regarding that | 1353 |
rule. | 1354 |
(G) If the joint committee recommends adoption of a | 1355 |
concurrent resolution invalidating a rule under | 1356 |
1357 | |
adoption of the concurrent resolution shall be in the manner | 1358 |
described in division (I) of section 119.03 of the Revised Code. | 1359 |
Sec. 119.033. If an agency, on the basis of its review of a | 1360 |
rule under section 119.032 of the Revised Code, determines that | 1361 |
the rule does not need to be amended or rescinded, proceedings | 1362 |
shall be had as follows: | 1363 |
(A)(1) If, considering only the standard of review specified | 1364 |
in division (C)(5) of section 119.032 of the Revised Code, the | 1365 |
rule has an adverse impact on businesses that has not been | 1366 |
eliminated or reduced, the agency shall prepare a business impact | 1367 |
analysis that describes its review of the rule under that division | 1368 |
and that explains why the rule is not being amended or rescinded | 1369 |
to eliminate or reduce its adverse impact on businesses. If the | 1370 |
rule does not have an adverse impact on businesses, the agency may | 1371 |
proceed under division (B) of this section. | 1372 |
(2) The agency shall transmit a copy of the full text of the | 1373 |
rule and the business impact analysis electronically to the common | 1374 |
sense initiative office. The office shall make the rule and | 1375 |
analysis available to the public on its web site under section | 1376 |
107.62 of the Revised Code. | 1377 |
(3) The agency shall consider any recommendations made by the | 1378 |
office. | 1379 |
(4) Not earlier than the sixteenth business day after | 1380 |
transmitting the rule and analysis to the office, the agency shall | 1381 |
either (a) proceed under divisions (A)(5) and (B) of this section | 1382 |
or (b) commence, under division (D)(1) of section 119.032 of the | 1383 |
Revised Code, the process of rescinding the rule or of amending | 1384 |
the rule to incorporate into the rule features the recommendations | 1385 |
suggest will eliminate or reduce the adverse impact the rule has | 1386 |
on businesses. If the agency determines to amend or rescind the | 1387 |
rule, the agency is not subject to the time limit specified in | 1388 |
division (D)(1) of section 119.032 of the Revised Code. | 1389 |
(5) If the agency receives recommendations from the office, | 1390 |
and determines not to amend or rescind the rule, the agency shall | 1391 |
prepare a memorandum of response that explains why the rule is not | 1392 |
being rescinded or why the recommendations are not being | 1393 |
incorporated into the rule. | 1394 |
(B) The agency shall assign a new review date to the rule. | 1395 |
The review date assigned shall be not later than five years after | 1396 |
the immediately preceding review date pertaining to the rule. If | 1397 |
the agency assigns a review date that exceeds the five-year | 1398 |
maximum, the review date is five years after the immediately | 1399 |
preceding review date. | 1400 |
(C)(1) The agency shall file all the following, in electronic | 1401 |
form, with the joint committee on agency rule review, the | 1402 |
secretary of state, and the director of the legislative service | 1403 |
commission: a copy of the rule specifying its new review date, a | 1404 |
complete and accurate rule summary and fiscal analysis, and, if | 1405 |
relevant, a business impact analysis of the rule, any | 1406 |
recommendations received from the common sense initiative office, | 1407 |
and any memorandum of response. An agency may comply with the | 1408 |
requirement to file a complete and accurate rule summary and | 1409 |
fiscal analysis by filing a previously prepared rule summary and | 1410 |
fiscal analysis, so long as the previous rule summary and fiscal | 1411 |
analysis was complete and accurate at the time it was prepared, | 1412 |
continues to be such a complete and accurate explanation of the | 1413 |
rule, and the conditions described in division (B)(4), (5), (6), | 1414 |
(8), (9), or (10) of section 127.18 of the Revised Code, as they | 1415 |
relate to the rule, have not appreciably changed since the | 1416 |
previous rule summary and fiscal analysis was prepared. | 1417 |
(2) Subject to section 119.034 of the Revised Code, the joint | 1418 |
committee does not have jurisdiction to review, and shall reject, | 1419 |
the filing of a rule under division (C)(1) of this section if, at | 1420 |
any time while the rule is in its possession, it discovers that | 1421 |
the rule has an adverse impact on businesses and the agency has | 1422 |
not complied with division (A) of this section. The joint | 1423 |
committee shall electronically return a rule that is rejected to | 1424 |
the agency, together with any documents that were part of the | 1425 |
filing. Such a rejection does not preclude the agency from | 1426 |
refiling the rule under division (C)(1) of this section after | 1427 |
complying with division (A) of this section. When the filing of a | 1428 |
rule is rejected under this division, it is as if the filing had | 1429 |
not been made. | 1430 |
(D) The joint committee shall publish notice of the agency's | 1431 |
determination not to amend or rescind the rule in the register of | 1432 |
Ohio for four consecutive weeks after the rule is filed under | 1433 |
division (C) of this section. | 1434 |
(E) During the ninety-day period after a rule is filed under | 1435 |
division (C) of this section, but after the four-week notice | 1436 |
period required by division (D) of this section has ended, the | 1437 |
joint committee, by a two-thirds vote of members present, may | 1438 |
recommend to the senate and house of representatives the adoption | 1439 |
of a concurrent resolution invalidating the rule if the joint | 1440 |
committee finds any of the following: | 1441 |
(1) The agency improperly applied the standards in division | 1442 |
(C) of section 119.032 of the Revised Code in reviewing the rule | 1443 |
and in determining that the rule did not need amendment or | 1444 |
rescission. | 1445 |
(2) The rule has an adverse impact on businesses, and the | 1446 |
agency has failed to demonstrate through a business impact | 1447 |
analysis, recommendations from the common sense initiative office, | 1448 |
and a memorandum of response that the regulatory intent of the | 1449 |
rule justifies its adverse impact on businesses. | 1450 |
(3) If the rule incorporates a text or other material by | 1451 |
reference, the agency failed to file, or to deposit or display, | 1452 |
the text or other material incorporated by reference as required | 1453 |
by section 121.73 or 121.74 of the Revised Code or the | 1454 |
incorporation by reference fails to meet the standards stated in | 1455 |
sections 121.72, 121.75, and 121.76 of the Revised Code. | 1456 |
(4) The agency otherwise failed to comply with section | 1457 |
119.032 of the Revised Code or this section. | 1458 |
When the joint committee recommends that a rule be | 1459 |
invalidated, the recommendation does not suspend operation of the | 1460 |
rule, and the rule remains operational pending action by the | 1461 |
senate and house of representatives on the concurrent resolution | 1462 |
embodying the recommendation. If the senate and house of | 1463 |
representatives adopt the concurrent resolution, the rule is | 1464 |
invalid. If, however, the senate and house of representatives do | 1465 |
not adopt the resolution, the rule continues in effect, and shall | 1466 |
next be reviewed according to the new review date assigned to the | 1467 |
rule. | 1468 |
Sec. 119.034. (A) If the joint committee on agency rule | 1469 |
review is reviewing a proposed or existing rule under section | 1470 |
119.03 or 119.033 of the Revised Code and is uncertain whether the | 1471 |
rule has an adverse impact on businesses, or if the rule appears | 1472 |
to have an adverse impact on businesses that has not been | 1473 |
addressed or that has been inadequately addressed, the joint | 1474 |
committee electronically may refer the rule to the common sense | 1475 |
initiative office. If an adverse impact to business has been | 1476 |
identified and that impact was not evaluated in a business impact | 1477 |
analysis previously reviewed by the common sense initiative | 1478 |
office, the joint committee may rerefer that rule to the common | 1479 |
sense initiative office. The joint committee may transmit a | 1480 |
memorandum to the office along with the proposed or existing rule | 1481 |
explaining specifically why it is referring or rereferring the | 1482 |
rule to the office. The joint committee electronically shall | 1483 |
notify the agency if it refers or rerefers the proposed or | 1484 |
existing rule to the office. | 1485 |
Such a referral or rereferral tolls the running of the time | 1486 |
within which the joint committee is required to recommend adoption | 1487 |
of a concurrent resolution invalidating the proposed or existing | 1488 |
rule. The time resumes running when the proposed or existing rule | 1489 |
is returned to the joint committee after the referral or | 1490 |
rereferral. The tolling does not affect the continued operation of | 1491 |
an existing rule. | 1492 |
(B) The office, within thirty days after receiving a proposed | 1493 |
or existing rule under division (A) of this section, shall | 1494 |
evaluate or reevaluate the rule to determine whether it has an | 1495 |
adverse impact on businesses, and shall proceed under division | 1496 |
(C)(1) or (2) of this section as is appropriate to its | 1497 |
determination. | 1498 |
(C)(1) If the office determined that the proposed or existing | 1499 |
rule does not have an adverse impact on businesses, the office | 1500 |
shall prepare a memorandum stating that finding. The office | 1501 |
electronically shall transmit the memorandum to the agency, and | 1502 |
shall return the proposed or existing rule to the joint committee. | 1503 |
The office also shall transmit a copy of its memorandum to the | 1504 |
joint committee along with the proposed or existing rule. The | 1505 |
joint committee may review or reject the proposed or existing | 1506 |
rule, the same as if the rule had not been referred or rereferred | 1507 |
to the office. If, when the proposed or existing rule is returned | 1508 |
to the joint committee, fewer than thirty days remain in the time | 1509 |
by which a concurrent resolution invalidating the rule must be | 1510 |
recommended, the time for making such a recommendation is extended | 1511 |
until the thirtieth day after the day on which the rule was | 1512 |
returned to the joint committee. | 1513 |
(2) If the office determined that the proposed or existing | 1514 |
rule has an adverse impact on businesses, the office | 1515 |
electronically shall transmit the memorandum to the agency, and | 1516 |
shall return the proposed or existing rule to the agency. The | 1517 |
office also shall transmit a copy of its memorandum to the joint | 1518 |
committee along with the proposed or existing rule. After | 1519 |
receiving the memorandum and proposed or existing rule from the | 1520 |
office, the agency shall evaluate the impact of the proposed or | 1521 |
existing rule on business, complete a business impact analysis, | 1522 |
and submit the business impact analysis to the common sense | 1523 |
initiative office as described in section 121.82 of the Revised | 1524 |
Code. | 1525 |
(a) When the office transmits a copy of a proposed rule to | 1526 |
the joint committee, if fewer than thirty days remain in the time | 1527 |
by which a concurrent resolution invalidating the rule must be | 1528 |
recommended, the time for making such a recommendation is extended | 1529 |
until the thirtieth day after a copy of the rule was transmitted | 1530 |
to the joint committee. The agency, after considering the | 1531 |
recommendations, may revise the proposed rule, and, if the agency | 1532 |
does so, the agency is exempt from complying with divisions (A), | 1533 |
(B), and (C) of section 121.82 of the Revised Code, but shall | 1534 |
comply with divisions (D) and (E) of that section. | 1535 |
(b) When the office transmits a copy of an existing rule to | 1536 |
the joint committee, it is the same as if the agency had withdrawn | 1537 |
the rule from the joint committee's jurisdiction. If the agency | 1538 |
determines, after considering the recommendations, that the | 1539 |
existing rule needs to be amended or rescinded, the agency shall | 1540 |
commence the process of doing so under division (D)(1) of section | 1541 |
119.032 of the Revised Code. If, however, the agency determines, | 1542 |
after considering the recommendations, that the existing rule does | 1543 |
not need to be amended or rescinded, the agency shall resume | 1544 |
periodic review of the rule under division (D)(2) of section | 1545 |
119.032 of the Revised Code. | 1546 |
Sec. 119.04. (A)(1) Any rule adopted by any agency shall be | 1547 |
effective on the tenth day after the day on which the rule in | 1548 |
final form and in compliance with division (A)(2) of this section | 1549 |
is filed as follows: | 1550 |
(a) The rule shall be filed in electronic form with both the | 1551 |
secretary of state and the director of the legislative service | 1552 |
commission; | 1553 |
(b) The rule shall be filed in electronic form with the joint | 1554 |
committee on agency rule review. Division (A)(1)(b) of this | 1555 |
section does not apply to any rule to which division (H) of | 1556 |
section 119.03 of the Revised Code does not apply. | 1557 |
| 1558 |
1559 | |
1560 | |
designates an effective date that is later than the effective date | 1561 |
provided for by this division, the rule if filed as required by | 1562 |
this division shall become effective on the later date designated | 1563 |
by the agency. | 1564 |
An agency that adopts or amends a rule that is subject to | 1565 |
division (H) of section 119.03 of the Revised Code shall assign a | 1566 |
review date to the rule that is not later than five years after | 1567 |
its effective date. If | 1568 |
a review date assigned to a rule exceeds the five-year maximum, | 1569 |
the review date for the rule is five years after its effective | 1570 |
date. A rule with a review date is subject to review under section | 1571 |
119.032 of the Revised Code. This paragraph does not apply to the | 1572 |
department of taxation. | 1573 |
(2) The agency shall file the rule in compliance with the | 1574 |
following standards and procedures: | 1575 |
(a) The rule shall be numbered in accordance with the | 1576 |
numbering system devised by the director for the Ohio | 1577 |
administrative code. | 1578 |
(b) The rule shall be prepared and submitted in compliance | 1579 |
with the rules of the legislative service commission. | 1580 |
(c) The rule shall clearly state the date on which it is to | 1581 |
be effective and the date on which it will expire, if known. | 1582 |
(d) Each rule that amends or rescinds another rule shall | 1583 |
clearly refer to the rule that is amended or rescinded. Each | 1584 |
amendment shall fully restate the rule as amended. | 1585 |
If the director of the legislative service commission or the | 1586 |
director's designee gives an agency notice pursuant to section | 1587 |
103.05 of the Revised Code that a rule filed by the agency is not | 1588 |
in compliance with the rules of the commission, the agency shall | 1589 |
within thirty days after receipt of the notice conform the rule to | 1590 |
the rules of the commission as directed in the notice. | 1591 |
(3) As used in this section, "rule" includes an amendment or | 1592 |
rescission of a rule. | 1593 |
(B) The secretary of state and the director shall preserve | 1594 |
the rules filed under division (A)(1)(a) of this section in an | 1595 |
accessible manner. Each such rule shall be a public record open to | 1596 |
public inspection and may be transmitted to any law publishing | 1597 |
company that wishes to reproduce it. | 1598 |
| 1599 |
1600 | |
1601 | |
1602 | |
1603 | |
1604 | |
1605 | |
1606 | |
1607 |
Sec. 121.74. As used in this section, "rule" has the same | 1608 |
meaning as in section 121.71 of the Revised Code and also includes | 1609 |
the rescission of an existing rule. | 1610 |
When an agency files a rule in final form under division | 1611 |
(B)(1) of section 111.15 | 1612 |
1613 | |
1614 | |
text or other material by reference, the agency, prior to the | 1615 |
effective date of the rule, shall either: | 1616 |
(A) Deposit one complete and accurate copy of the text or | 1617 |
other material incorporated by reference in each of the five | 1618 |
depository libraries designated by the state library board; or | 1619 |
(B) Display a complete and accurate copy of the text or other | 1620 |
material incorporated by reference on a web site maintained or | 1621 |
made available by the agency. | 1622 |
An agency is not required to comply with this section if the | 1623 |
text or other material incorporated by reference is identical to a | 1624 |
text or other material the agency, at the time compliance with | 1625 |
this section otherwise would be required, already is depositing or | 1626 |
displaying under this section. | 1627 |
Sec. 121.81. As used in sections 121.81 to 121.83 of the | 1628 |
Revised Code: | 1629 |
(A) "Agency" means a state agency that is required to file | 1630 |
proposed rules for legislative review under division (D) of | 1631 |
section 111.15 or division (H) of section 119.03 of the Revised | 1632 |
Code. | 1633 |
1634 | |
1635 |
(B) "Draft rule" means any newly proposed rule and any | 1636 |
proposed amendment, adoption, or rescission of a rule prior to the | 1637 |
filing of that rule for legislative review under division (D) of | 1638 |
section 111.15 or division (H) of section 119.03 of the Revised | 1639 |
Code and includes a proposed amendment, adoption, or rescission of | 1640 |
a rule in both its original and any revised form. "Draft rule" | 1641 |
does not include an emergency rule adopted under division (B)(2) | 1642 |
of section 111.15 or division (F) of section 119.03 of the Revised | 1643 |
Code, but does include a rule that is proposed to replace an | 1644 |
emergency rule that expires under those divisions. | 1645 |
Sections 121.81 to 121.83 and 121.91 of the Revised Code are | 1646 |
complementary to sections 107.51 to 107.55 and 107.61 to 107.63 of | 1647 |
the Revised Code. | 1648 |
Sec. 121.83. (A) When an agency files a proposed rule for | 1649 |
legislative review under division (D) of section 111.15 of the | 1650 |
Revised Code or division (H) of section 119.03 of the Revised | 1651 |
Code, the agency electronically shall file one copy of the | 1652 |
business impact analysis, any recommendations received from the | 1653 |
common sense initiative office, and the agency's memorandum of | 1654 |
response, if any, along with the proposed rule. | 1655 |
(B) | 1656 |
the joint committee on agency rule review does not have | 1657 |
jurisdiction to review, and shall reject, the filing of a proposed | 1658 |
rule if, at any time while the proposed rule is in its possession, | 1659 |
it discovers that the proposed rule might have an adverse impact | 1660 |
on businesses and the agency has not included with the filing a | 1661 |
business impact analysis or has included a business impact | 1662 |
analysis that is inadequately prepared. The joint committee | 1663 |
electronically shall return a filing that is rejected to the | 1664 |
agency. Such a rejection does not preclude the agency from | 1665 |
refiling the proposed rule after complying with section 121.82 of | 1666 |
the Revised Code. When a filing is rejected under this division, | 1667 |
it is as if the filing had not been made. | 1668 |
(2) If the last previously filed version of a proposed rule, | 1669 |
the filing of a later version of which has been rejected by the | 1670 |
joint committee, remains in the possession of the joint committee, | 1671 |
and if the time for legislative review of that previously filed | 1672 |
version has expired, or if fewer than thirty days remain before | 1673 |
the time for legislative review of that previously filed version | 1674 |
expires, then the time for legislative review of that previously | 1675 |
filed version is revived or extended, and recommendation of a | 1676 |
concurrent resolution to invalidate that previously filed version | 1677 |
may be adopted not later than the sixty-fifth day after the day on | 1678 |
which the filing of the later version of the proposed rule was | 1679 |
rejected. This deadline is subject to extension under section | 1680 |
106.02 of the Revised Code. | 1681 |
Sec. 121.91. (A) Each state agency shall develop, and as it | 1682 |
becomes necessary or advisable may improve, customer service | 1683 |
standards for each employee of the agency whose duties include a | 1684 |
significant level of contact with the public. The agency shall | 1685 |
base the standards on the job descriptions of the positions that | 1686 |
the employees hold in the agency. An agency is not required to | 1687 |
adopt the standards by rule. A state agency that is created after | 1688 |
the effective date of this amendment shall develop its initial | 1689 |
customer service standards within six months after the effective | 1690 |
date of the statute that creates the state agency. | 1691 |
Each state agency shall reduce the standards to writing, and | 1692 |
the standards shall be incorporated into employee policy manuals, | 1693 |
job descriptions, and employee performance evaluations. | 1694 |
(B) The state agency, and its officers and employees, shall | 1695 |
comply with the customer service performance standards that have | 1696 |
been developed under division (A) of this section. A state | 1697 |
agency's compliance with the standards shall be evaluated, by the | 1698 |
director of budget and management and the committees of the senate | 1699 |
and house of representatives having jurisdiction over the state | 1700 |
operating budget, as part of the consideration of the state | 1701 |
agency's biennial budget. (If the evaluation is of the office of | 1702 |
budget and management, evaluation by the committees is | 1703 |
sufficient.) An employee's compliance with the standards shall be | 1704 |
evaluated as part of the employee's periodic performance reviews. | 1705 |
A state agency's and employee's compliance with the standards may | 1706 |
be evaluated as part of any performance audit of the state agency. | 1707 |
Sec. 127.18. (A) As used in this section: | 1708 |
(1) "Rule-making agency" has the | 1709 |
1710 |
(2) "Rule" includes the adoption, amendment, or rescission of | 1711 |
a rule. | 1712 |
(3) "Proposed rule" means the original version of a proposed | 1713 |
rule, and each revised version of the same proposed rule, that is | 1714 |
filed with the joint committee on agency rule review under | 1715 |
division (D) of section 111.15 or division (H) of section 119.03 | 1716 |
of the Revised Code. | 1717 |
(B) A rule-making agency shall prepare, in the form | 1718 |
prescribed by the joint committee on agency rule review | 1719 |
1720 | |
and fiscal analysis of each proposed rule that it files under | 1721 |
division (D) of section 111.15 or division (H) of section 119.03 | 1722 |
of the Revised Code. The rule summary and fiscal analysis shall | 1723 |
include all of the following information: | 1724 |
(1) The name, address, and telephone number of the | 1725 |
1726 | |
electronic mail address of an individual or office within the | 1727 |
agency designated by that agency to be responsible for | 1728 |
coordinating and making available information in the possession of | 1729 |
the agency regarding the proposed rule; | 1730 |
(2) The Ohio Administrative Code rule number of the proposed | 1731 |
rule; | 1732 |
(3) A brief summary of, and the legal basis for, the proposed | 1733 |
rule, including citations identifying the statute that prescribes | 1734 |
the procedure in accordance with which the | 1735 |
required to adopt the proposed rule, the statute that authorizes | 1736 |
the agency to adopt the proposed rule, and the statute that the | 1737 |
agency intends to amplify or implement by adopting the proposed | 1738 |
rule; | 1739 |
(4) An estimate, in dollars, of the amount by which the | 1740 |
proposed rule would increase or decrease revenues or expenditures | 1741 |
during the current biennium; | 1742 |
(5) A citation identifying the appropriation that authorizes | 1743 |
each expenditure that would be necessitated by the proposed rule; | 1744 |
(6) A summary of the estimated cost of compliance with the | 1745 |
rule to all directly affected persons; | 1746 |
(7) The reasons why the rule is being proposed; | 1747 |
(8) If the rule has a fiscal effect on school districts, | 1748 |
counties, townships, or municipal corporations, an estimate in | 1749 |
dollars of the cost of compliance with the rule, or, if dollar | 1750 |
amounts cannot be determined, a written explanation of why it was | 1751 |
not possible to ascertain dollar amounts; | 1752 |
(9) If the rule has a fiscal effect on school districts, | 1753 |
counties, townships, or municipal corporations and is the result | 1754 |
of a federal requirement, a clear explanation that the proposed | 1755 |
state rule does not exceed the scope and intent of the | 1756 |
requirement, or, if the state rule does exceed the minimum | 1757 |
necessary federal requirement, a justification of the excess cost, | 1758 |
and an estimate of the costs, including those costs for local | 1759 |
governments, exceeding the federal requirement; | 1760 |
(10) If the rule has a fiscal effect on school districts, | 1761 |
counties, townships, or municipal corporations, a comprehensive | 1762 |
cost estimate that includes the procedure and method of | 1763 |
calculating the costs of compliance and identifies major cost | 1764 |
categories including personnel costs, new equipment or other | 1765 |
capital costs, operating costs, and indirect central service costs | 1766 |
related to the rule. The fiscal analysis shall also include a | 1767 |
written explanation of the agency's and the affected local | 1768 |
government's ability to pay for the new requirements and a | 1769 |
statement of any impact the rule will have on economic | 1770 |
development. | 1771 |
(11) If the rule incorporates a text or other material by | 1772 |
reference, and the agency claims the incorporation by reference is | 1773 |
exempt from compliance with sections 121.71 to 121.74 of the | 1774 |
Revised Code because the text or other material is generally | 1775 |
available to persons who reasonably can be expected to be affected | 1776 |
by the rule, an explanation of how the text or other material is | 1777 |
generally available to those persons; | 1778 |
(12) If the rule incorporates a text or other material by | 1779 |
reference, and it was infeasible for the agency to file the text | 1780 |
or other material electronically, an explanation of why filing the | 1781 |
text or other material electronically was infeasible; | 1782 |
(13) If the rule is being rescinded and incorporates a text | 1783 |
or other material by reference, and it was infeasible for the | 1784 |
agency to file the text or other material, an explanation of why | 1785 |
filing the text or other material was infeasible; | 1786 |
(14) Any other information the joint committee on agency rule | 1787 |
review considers necessary to make the proposed rule or the fiscal | 1788 |
effect of the proposed rule fully understandable. | 1789 |
(C) The rule-making agency shall file the rule summary and | 1790 |
fiscal analysis in electronic form along with the proposed rule | 1791 |
that it files under divisions (D) and (E) of section 111.15 or | 1792 |
divisions (B) and (H) of section 119.03 of the Revised Code. The | 1793 |
joint committee on agency rule review shall not accept any | 1794 |
proposed rule for filing unless a copy of the rule summary and | 1795 |
fiscal analysis of the proposed rule, completely and accurately | 1796 |
prepared, is filed along with the proposed rule. | 1797 |
(D) The joint committee on agency rule review shall review | 1798 |
the fiscal effect of each proposed rule that is filed under | 1799 |
division (D) of section 111.15 or division (H) of section 119.03 | 1800 |
of the Revised Code. | 1801 |
(E) The joint committee on agency rule review shall prescribe | 1802 |
the form in which each rule-making agency shall prepare its rule | 1803 |
summary and fiscal analysis of a proposed rule. | 1804 |
| 1805 |
1806 | |
1807 | |
1808 |
Sec. 4141.14. | 1809 |
department of job and family services adopted pursuant to this | 1810 |
chapter shall be approved by the unemployment compensation review | 1811 |
commission before the rules become effective. All such rules shall | 1812 |
specify on their face their effective date and the date on which | 1813 |
they will expire, if known. Approval by the unemployment | 1814 |
compensation review commission shall also be required before | 1815 |
amendments to, or rescission of, any rules of the director adopted | 1816 |
pursuant to this chapter become effective. If the commission | 1817 |
disapproves a rule of the director, it shall determine and | 1818 |
promulgate a rule that it considers appropriate after affording a | 1819 |
hearing to the director. | 1820 |
| 1821 |
1822 | |
1823 | |
1824 |
| 1825 |
1826 | |
1827 |
| 1828 |
1829 | |
1830 | |
1831 |
| 1832 |
1833 | |
1834 | |
1835 | |
1836 | |
1837 | |
1838 | |
1839 | |
1840 |
| 1841 |
1842 | |
1843 | |
1844 | |
1845 | |
1846 | |
1847 | |
1848 | |
1849 |
| 1850 |
1851 |
| 1852 |
1853 | |
1854 |
| 1855 |
1856 |
| 1857 |
1858 |
| 1859 |
1860 | |
1861 |
| 1862 |
1863 | |
1864 | |
1865 | |
1866 | |
1867 | |
1868 | |
1869 | |
1870 |
| 1871 |
1872 | |
1873 | |
1874 | |
1875 | |
1876 |
| 1877 |
| 1878 |
| 1879 |
1880 |
Sec. 5703.14. | 1881 |
1882 | |
1883 | |
1884 | |
1885 | |
1886 |
| 1887 |
1888 | |
1889 |
| 1890 |
1891 | |
1892 | |
1893 |
| 1894 |
1895 | |
1896 | |
1897 | |
1898 | |
1899 | |
1900 |
| 1901 |
1902 |
| 1903 |
1904 | |
1905 |
| 1906 |
1907 |
| 1908 |
1909 |
| 1910 |
1911 | |
1912 |
| 1913 |
1914 | |
1915 | |
1916 | |
1917 | |
1918 | |
1919 | |
1920 |
| 1921 |
1922 | |
1923 | |
1924 | |
1925 | |
1926 | |
1927 | |
1928 | |
1929 | |
1930 |
| 1931 |
promulgated by the tax commissioner may be filed with the board of | 1932 |
tax appeals by any person who has been or may be injured by the | 1933 |
operation of the rule. The appeal may be taken at any time after | 1934 |
the rule is filed with the secretary of the state, the director of | 1935 |
the legislative service commission, and, if applicable, the joint | 1936 |
committee on agency rule review. Failure to file an appeal does | 1937 |
not preclude any person from seeking any other remedy against the | 1938 |
application of the rule to the person. The applications shall set | 1939 |
forth, or have attached thereto and incorporated by reference, a | 1940 |
true copy of the rule, and shall allege that the rule complained | 1941 |
of is unreasonable and shall state the grounds upon which the | 1942 |
allegation is based. Upon the filing of the application, the board | 1943 |
shall notify the commissioner of the filing of the application, | 1944 |
fix a time for hearing the application, notify the commissioner | 1945 |
and the applicant of the time for the hearing, and afford both an | 1946 |
opportunity to be heard. The appellant, the tax commissioner, and | 1947 |
any other interested persons that the board permits, may introduce | 1948 |
evidence. The burden of proof to show that the rule is | 1949 |
unreasonable shall be upon the appellant. After the hearing, the | 1950 |
board shall determine whether the rule complained of is reasonable | 1951 |
or unreasonable. A determination that the rule complained of is | 1952 |
unreasonable shall require a majority vote of the three members of | 1953 |
the board, and the reasons for the determination shall be entered | 1954 |
on the journal of the board. | 1955 |
Upon determining that the rule complained of is unreasonable, | 1956 |
the board shall file copies of its determination as follows: | 1957 |
| 1958 |
with both the secretary of state and the director of the | 1959 |
legislative service commission, who shall note the date of their | 1960 |
receipt of the certified copies conspicuously in their files of | 1961 |
the rules of the department; | 1962 |
| 1963 |
with the joint committee on agency rule review. Division (C)(2) of | 1964 |
this section does not apply to any rule to which division | 1965 |
of section 119.03 of the Revised Code does not apply. | 1966 |
On the tenth day after the determination has been received by | 1967 |
the secretary of state, the director, and, if applicable, the | 1968 |
joint committee, the rule referred to in the determination shall | 1969 |
cease to be in effect. If all filings of the determination are not | 1970 |
completed on the same day, the rule shall remain in effect until | 1971 |
the tenth day after the day on which the latest filing is | 1972 |
completed. This section does not apply to licenses issued under | 1973 |
sections 5735.02, 5739.17, and 5743.15 of the Revised Code, which | 1974 |
shall be governed by sections 119.01 to 119.13 of the Revised | 1975 |
Code. | 1976 |
The board is not required to hear an application for the | 1977 |
review of any rule where the grounds of the allegation that the | 1978 |
rule is unreasonable have been previously contained in an | 1979 |
application for review and have been previously heard and passed | 1980 |
upon by the board. | 1981 |
| 1982 |
1983 | |
1984 |
Section 2. That existing sections 101.35, 103.0511, 107.52, | 1985 |
107.53, 107.54, 107.55, 107.62, 107.63, 111.15, 117.20, 119.01, | 1986 |
119.03, 119.032, 119.04, 121.74, 121.81, 121.83, 121.91, 127.18, | 1987 |
4141.14, and 5703.14 of the Revised Code are hereby repealed. | 1988 |
Section 3. Section 119.031 of the Revised Code is hereby | 1989 |
repealed. | 1990 |
Section 4. A state agency that is required to develop | 1991 |
customer service standards under section 121.91 of the Revised | 1992 |
Code and that has not, on the effective date of this section, | 1993 |
developed its initial standards shall do so not later than | 1994 |
December 31, 2013. | 1995 |
Section 5. Section 5703.14 of the Revised Code is presented | 1996 |
in this act as a composite of the section as amended by both Am. | 1997 |
Sub. S.B. 3 and the version of Am. Sub. S.B. 11 of the 123rd | 1998 |
General Assembly effective on April 1, 2002. The General Assembly, | 1999 |
applying the principle stated in division (B) of section 1.52 of | 2000 |
the Revised Code that amendments are to be harmonized if | 2001 |
reasonably capable of simultaneous operation, finds that the | 2002 |
composite is the resulting version of the section in effect prior | 2003 |
to the effective date of the section as presented in this act. | 2004 |