As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 3

Senator LaRose 

Cosponsors: Senators Faber, Eklund, Gardner, Obhof, Widener, Uecker, Hite, Balderson, Beagle, Coley, Patton, Jones, Manning, Lehner, Seitz 

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A BILL

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

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

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 effectiveexisting rule, amendment, rescission, or part	51
thereof, or for the suspension of a rule, amendment, rescission,	52
or part thereof, under division (I) of section 119.03 or section	53
119.031 of the Revised Code.	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. At	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, amendment, or rescission.	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, 119.031, 119.032, 119.033, 119.034, 119.0311,	107
119.04, 121.24, 121.39, 121.82, 127.18, 4141.14,173.01, or	108
5117.02, or 5703.14 of the Revised Code or any other statute;	109

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

110

(E) The common sense initiative office; and

111

(F) Any other person or governmental officer or entity whose	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 a draftan existing rule to offer advice and	169
assistance to the agency when the draft rule is adopted and	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., section 4141.14,or division (C)(1) or (2) of	375
section 5117.02, or section 5703.14 of the Revised Code. "Rule"	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

(4) "Substantive revision" has the same meaning as in	388
division (J) of section 119.01 of the Revised Code.	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 no review date is assigned to a rule, or if a review date	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

If all filings are not completed on the same day, the rule	412
shall be effective on the tenth day after the day on which the	413
latest filing is completed. If an agency in adopting a rule	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 (D)(1), (2), (3), (4), (5), (6),	421
(7), or (8) of this section.	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 ninetieth	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 ninety-dayone-hundred-twenty-day	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 division (I)	482
of section 119.03106.021 of the Revised Code. If a state board,	483
commission, department, division, or bureau makes a substantive	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. Except as provided in division (F) of this section,	491
aA state board, commission, department, division, or bureau shall	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

(E) Whenever a state board, commission, department, division,	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. Except as provided in division	554
(F) of this section, aA state board, commission, department,	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

(F) Except as otherwise provided in this division, the	561
auditor of state or the auditor of state's designee is not	562
required to file a rule summary and fiscal analysis along with a	563
proposed rule, or proposed rule in revised form, that the auditor	564
of state proposes under section 117.12, 117.19, 117.38, or 117.43	565
of the Revised Code and files under division (D) or (E) of this	566
section.	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) Except as otherwise provided in division (A)(2) of this	604
section, complyComply with divisions (B) to (E) of section 111.15	605
of the Revised Code. The auditor of state is not required to file	606
a rule summary and fiscal analysis along with any copy of a	607
proposed rule, or proposed rule in revised form, that is filed	608
with the joint committee on agency rule review, the secretary of	609
state, or the director of the legislative service commission under	610
division (D) or (E) of section 111.15 of the Revised Code.	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) "Substantive revision" means any addition to, elimination	720
from, or other change in a rule, an amendment of a rule, or a	721
rescission of a rule, whether of a substantive or procedural	722
nature, that changes any of the following:	723

(1) That which the rule, amendment, or rescission permits,	724
authorizes, regulates, requires, prohibits, penalizes, rewards, or	725
otherwise affects;	726

(2) The scope or application of the rule, amendment, or	727
rescission.	728

(K) "Internal management rule" means any rule, regulation, or	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 ninetiethone hundred twentieth day it	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 ninety-day	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 ninety-dayone-hundred-twenty-day period.	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 of the senate shall send the rule-making	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 under division (B) or (E)(2) of this section or under	1186
section 111.15, 119.04, or 4141.14 of the Revised Code or a review	1187
dateor an extended review date assigned to a rule by the joint	1188
committee on agency rule review under division (B) of this	1189
section.	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) Not later than March 25, 1997, each agency shall assign a	1201
review date to each of its rules that is currently in effect and	1202
shall notify the joint committee on agency rule review of the	1203
review date for each such rule. The agency shall assign review	1204
dates to its rules so that approximately one-fifth of the rules	1205
are scheduled for review during each calendar year of the	1206
five-year period that begins March 25, 1997, except that an	1207
agency, with the joint committee's approval, may set a review	1208
schedule for the agency's rules in which there is no requirement	1209
that approximately one-fifth of the agency's rules be assigned a	1210
review date during each calendar year of the five-year period but	1211
in which all of the agency's rules are assigned a review date	1212
during that five-year period. An agency may change the review	1213
dates it has assigned to specific rules so long as the agency	1214
complies with the five-year time deadline specified in this	1215
division.	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 original review date assigned to the rule by the agency	1220
under this division, division (E)(2) of this section, or section	1221
111.15, 119.04, or 4141.14 of the Revised Code. The joint	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

(D) In making theits review required under division (C) of	1247
this section, the agency shall consider the continued need for the	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

(E)(1) On or before the designated review date of a rule, the	1252
agency that adopted the rule shall proceed under division (E)(2)	1253
or (5) of this section to indicate that the agency has reviewed	1254
the rule.	1255

(2) If the agency has determined that the rule does not need	1256
to be amended or rescinded, the agency shall file all the	1257
following, in electronic form, with the joint committee on agency	1258
rule review, the secretary of state, and the director of the	1259
legislative service commission: a copy of the rule, a statement of	1260
the agency's determination, and an accurate rule summary and	1261
fiscal analysis for the rule as described in section 127.18 of the	1262
Revised Code. The agency shall assign a new review date to the	1263
rule, which shall not be later than five years after the rule's	1264
immediately preceding review date. After the joint committee has	1265
reviewed such a rule for the first time, including any rule that	1266
was in effect on September 26, 1996, the agency in its subsequent	1267
reviews of the rule may provide the same fiscal analysis it	1268
provided to the joint committee during its immediately preceding	1269
review of the rule unless any of the conditions described in	1270
division (B)(4), (5), (6), (8), (9), or (10) of section 127.18 of	1271
the Revised Code, as they relate to the rule, have appreciably	1272
changed since the joint committee's immediately preceding review	1273
of the rule. If any of these conditions, as they relate to the	1274
rule, have appreciably changed, the agency shall provide the joint	1275
committee with an updated fiscal analysis for the rule. If no	1276
review date is assigned to a rule, or if a review date assigned to	1277
a rule exceeds the five-year maximum, the review date for the rule	1278
is five years after its immediately preceding review date. The	1279
joint committee shall give public notice in the register of Ohio	1280
of the agency's determination after receiving a notice from the	1281
agency under division (E)(2) of this section. The joint committee	1282
shall transmit a copy of the notice in electronic form to the	1283
director of the legislative service commission. The director shall	1284
publish the notice in the register of Ohio for four consecutive	1285
weeks after its receipt.	1286

(3) During the ninety-day period following the date the joint	1287
committee receives a notice under division (E)(2) of this section	1288
but after the four-week period described in division (E)(2) of	1289
this section has ended, the joint committee, by a two-thirds vote	1290
of the members present, may recommend the adoption of a concurrent	1291
resolution invalidating the rule if the joint committee determines	1292
that any of the following apply:	1293

(a) The agency improperly applied the criteria described in	1294
divisions (C) and (D) of this section in reviewing the rule and in	1295
recommending its continuance without amendment or rescission.	1296

(b) The agency failed to file proper notice with the joint	1297
committee regarding the rule, or if the rule incorporates a text	1298
or other material by reference, the agency failed to file, or to	1299
deposit or display, the text or other material incorporated by	1300
reference as required by section 121.73 or 121.74 of the Revised	1301
Code or the incorporation by reference fails to meet the standards	1302
stated in section 121.72, 121.75, or 121.76 of the Revised Code.	1303

(c) The rule has an adverse impact on businesses, as	1304
determined under section 107.52 of the Revised Code, and the	1305
agency has not eliminated or reduced that impact as required under	1306
section 121.82 of the Revised Code.	1307

(4) If the joint committee does not take the action described	1308
in division (E)(3) of this section regarding a rule during the	1309
ninety-day period after the date the joint committee receives a	1310
notice under division (E)(2) of this section regarding that rule,	1311
the rule shall continue in effect without amendment and shall be	1312
next reviewed by the joint committee by the date designated by the	1313
agency in the notice provided to the joint committee under	1314
division (E)(2) of this section.	1315

(5) If the agency has determined that a rule reviewed under	1316
division (C) of this section needs to be amended or rescinded, the	1317
agency, on or before the rule's review date, shall file the rule	1318
as amended or rescinded in accordance with section 111.15, 119.03,	1319
or 4141.14 of the Revised Code, as applicable.	1320

(6)(D) Prior to the review date of a rule, the agency that	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 provide the notice to the joint	1343
committee required under division (E)(2) of this section regarding	1344
a rule or otherwise fails by the rule's review date to take any	1345
action regarding the rule required bycomply with this section or	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 division (E)(3) or	1356
(F) of this section or section 119.033 of the Revised Code, the	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

If all filings are not completed on the same day, the rule	1558
shall be effective on the tenth day after the day on which the	1559
latest filing is completed. If an agency in adopting a rule	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 no review date is assigned to a rule, or 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

Any rule that has been adopted in compliance with section	1599
119.03 of the Revised Code and that is in effect before January 1,	1600
1977, may be divided into sections, numbered, provided with a	1601
subject heading, and filed with the secretary of state and the	1602
director to comply with the provisions of this section without	1603
carrying out the adoption procedure required by section 119.03 of	1604
the Revised Code. The codification of existing rules to comply	1605
with this section shall not constitute adoption, amendment, or	1606
rescission.	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,or division (A)(1) of section 119.04,	1612
division (B)(1) of section 4141.14, or division (A) of section	1613
5703.14 of the Revised Code that incorporates or incorporated a	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. "Agency" does not include the offices of governor,	1633
lieutenant governor, auditor of state, secretary of state,	1634
treasurer of state, or attorney general.	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) The(1) Subject to section 119.034 of the Revised Code,	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 same meaning asdefined in	1709
division (I) of section 119.01 of the Revised Code.	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 under	1719
division (E) of this section, a complete and accurate rule summary	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
rule-making agency, and the name and, telephone number, and	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 rule-making agency is	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

(F) This section does not require the auditor of state or the	1805
auditor of state's designee to prepare or attach a rule summary	1806
and fiscal analysis to any copy of a rule proposed under section	1807
117.12, 117.19, 117.38, or 117.43 of the Revised Code.	1808

Sec. 4141.14. (A) All rules of the director of the	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

(B)(1) Any rule promulgated pursuant to this section shall be	1821
effective on the tenth day after the day on which the rule in	1822
final form and in compliance with division (B)(2) of this section	1823
is filed as follows:	1824

(a) The rule shall be filed in electronic form with both the	1825
secretary of state and the director of the legislative service	1826
commission;	1827

(b) The rule shall be filed in electronic form with the joint	1828
committee on agency rule review. Division (B)(1)(b) of this	1829
section does not apply to any rule to which division (H) of	1830
section 119.03 of the Revised Code does not apply.	1831

If all filings are not completed on the same day, the rule	1832
shall be effective on the tenth day after the day on which the	1833
latest filing is completed. If the department of job and family	1834
services or the unemployment compensation review commission in	1835
adopting a rule pursuant to this chapter designates an effective	1836
date that is later than the effective date provided for by this	1837
division, the rule if filed as required by this division shall	1838
become effective on the later date designated by the department or	1839
commission.	1840

If the commission or department adopts or amends a rule that	1841
is subject to division (H) of section 119.03 of the Revised Code,	1842
the commission or department shall assign a review date to the	1843
rule that is not later than five years after its effective date.	1844
If no review date is assigned to a rule, or if a review date	1845
assigned to a rule exceeds the five-year maximum, the review date	1846
for the rule is five years after its effective date. A rule with a	1847
review date is subject to review under section 119.032 of the	1848
Revised Code.	1849

(2) The department and commission shall file the rule in	1850
compliance with the following standards and procedures:	1851

(a) The rule shall be numbered in accordance with the	1852
numbering system devised by the director for the Ohio	1853
administrative code.	1854

(b) The rule shall be prepared and submitted in compliance	1855
with the rules of the legislative service commission.	1856

(c) The rule shall clearly state the date on which it is to	1857
be effective and the date on which it will expire, if known.	1858

(d) Each rule that amends or rescinds another rule shall	1859
clearly refer to the rule that is amended or rescinded. Each	1860
amendment shall fully restate the rule as amended.	1861

If the director of the legislative service commission or the	1862
director's designee gives the department of job and family	1863
services or the unemployment compensation review commission notice	1864
pursuant to section 103.05 of the Revised Code that a rule filed	1865
by the department or review commission is not in compliance with	1866
the rules of the legislative service commission, the department or	1867
review commission shall within thirty days after receipt of the	1868
notice conform the rule to the rules of the commission as directed	1869
in the notice.	1870

The secretary of state and the director of the legislative	1871
service commission shall preserve the rules filed under division	1872
(B)(1)(a) of this section in an accessible manner. Each such rule	1873
shall be a public record open to public inspection and may be	1874
transmitted to any law publishing company that wishes to reproduce	1875
it.	1876

(C) As used in this section:

1877

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

1878

(2) "Substantive revision" has the same meaning as in	1879
division (J) of section 119.01 of the Revised Code.	1880

Sec. 5703.14. (A) Any rule adopted by the board of tax	1881
appeals and any rule of the department of taxation adopted by the	1882
tax commissioner shall be effective on the tenth day after the day	1883
on which the rule in final form and in compliance with division	1884
(B) of this section is filed by the board or the commissioner as	1885
follows:	1886

(1) The rule shall be filed in electronic form with both the	1887
secretary of state and the director of the legislative service	1888
commission;	1889

(2) The rule shall be filed in electronic form with the joint	1890
committee on agency rule review. Division (A)(2) of this section	1891
does not apply to any rule to which division (H) of section 119.03	1892
of the Revised Code does not apply.	1893

If all filings are not completed on the same day, the rule	1894
shall be effective on the tenth day after the day on which the	1895
latest filing is completed. If the board or the commissioner in	1896
adopting a rule designates an effective date that is later than	1897
the effective date provided for by this division, the rule if	1898
filed as required by this division shall become effective on the	1899
later date designated by the board or commissioner.	1900

(B) The board and commissioner shall file the rule in	1901
compliance with the following standards and procedures:	1902

(1) The rule shall be numbered in accordance with the	1903
numbering system devised by the director for the Ohio	1904
administrative code.	1905

(2) The rule shall be prepared and submitted in compliance	1906
with the rules of the legislative service commission.	1907

(3) The rule shall clearly state the date on which it is to	1908
be effective and the date on which it will expire, if known.	1909

(4) Each rule that amends or rescinds another rule shall	1910
clearly refer to the rule that is amended or rescinded. Each	1911
amendment shall fully restate the rule as amended.	1912

If the director of the legislative service commission or the	1913
director's designee gives the board or commissioner notice	1914
pursuant to section 103.05 of the Revised Code that a rule filed	1915
by the board or commissioner is not in compliance with the rules	1916
of the legislative service commission, the board or commissioner	1917
shall within thirty days after receipt of the notice conform the	1918
rule to the rules of the legislative service commission as	1919
directed in the notice.	1920

All rules of the department and board filed pursuant to	1921
division (A)(1) of this section shall be recorded by the secretary	1922
of state and the director under the name of the department or	1923
board and shall be numbered in accordance with the numbering	1924
system devised by the director. The secretary of state and the	1925
director shall preserve the rules in an accessible manner. Each	1926
such rule shall be a public record open to public inspection and	1927
may be transmitted to any law publishing company that wishes to	1928
reproduce it. Each such rule shall also be made available to	1929
interested parties upon request directed to the department.	1930

(C) Applications for review of any rule adopted and	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

(1)(A) The determination shall be filed in electronic form	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

(2)(B) The determination shall be filed in electronic form	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 (H)(C)	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

(D) As used in this section, "substantive revision" has the	1982
same meaning as in division (J) of section 119.01 of the Revised	1983
Code.	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