As Passed by the House

130th General Assembly
Regular Session
2013-2014
Am. Sub. S. B. No. 3


Senator LaRose 

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

Representatives Grossman, Hackett, Brown, Burkley, Amstutz, Blair, Boose, Conditt, Duffey, Green, Hayes, McClain, McGregor, Roegner, Sears, Thompson Speaker Batchelder 

A BILL
To amend sections 101.35, 103.0511, 107.52, 107.53, 1
107.54, 107.55, 107.62, 107.63, 111.15, 119.01, 2
119.03, 119.04, 121.39, 121.73, 121.74, 121.81, 3
121.82, 121.83, 121.91, 127.18, 1531.08, 3319.22, 4
3319.221, 3333.021, 3333.048, 3701.34, 3737.88, 5
3746.04, 4117.02, 4141.14, 5103.0325, 5117.02, 6
5703.14, 6111.31, and 6111.51; to enact sections 7
101.351, 106.01, 106.02, 106.021, 106.022, 8
106.023, 106.03, 106.031, 106.04, 106.041, 9
106.042, 106.05, 121.811, and 3345.033; and to 10
repeal sections 119.031 and 119.032 of the Revised 11
Code to revise rule-making and rule review 12
procedures and to make administrative reforms.13


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

       Section 1.  That sections 101.35, 103.0511, 107.52, 107.53, 14
107.54, 107.55, 107.62, 107.63, 111.15, 119.01, 119.03, 119.04, 15
121.39, 121.73, 121.74, 121.81, 121.82, 121.83, 121.91, 127.18, 16
1531.08, 3319.22, 3319.221, 3333.021, 3333.048, 3701.34, 3737.88, 17
3746.04, 4117.02, 4141.14, 5103.0325, 5117.02, 5703.14, 6111.31, 18
and 6111.51 be amended and that sections 101.351, 106.01, 106.02, 19
106.021, 106.022, 106.023, 106.03, 106.031, 106.04, 106.041, 20
106.042, 106.05, 121.811, and 3345.033 of the Revised Code be 21
enacted to read as follows:22

       Sec. 101.35.  There is hereby created in the general assembly 23
the joint committee on agency rule review. The committee shall 24
consist of five members of the house of representatives and five 25
members of the senate. Within fifteen days after the commencement 26
of the first regular session of each general assembly, the speaker 27
of the house of representatives shall appoint the members of the 28
committee from the house of representatives, and the president of 29
the senate shall appoint the members of the committee from the 30
senate. Not more than three of the members from each house shall 31
be of the same political party. In the first regular session of a 32
general assembly, the chairperson of the committee shall be 33
appointed by the speaker of the house from among the house members 34
of the committee, and the vice-chairperson shall be appointed by 35
the president of the senate from among the senate members of the 36
committee. In the second regular session of a general assembly, 37
the chairperson shall be appointed by the president of the senate 38
from among the senate members of the committee, and the 39
vice-chairperson shall be appointed by the speaker of the house 40
from among the house members of the committee. The chairperson, 41
vice-chairperson, and members of the committee shall serve until 42
their respective successors are appointed or until they are no 43
longer members of the general assembly. When a vacancy occurs 44
among the officers or members of the committee, it shall be filled 45
in the same manner as the original appointment.46

       Notwithstanding section 101.26 of the Revised Code, the 47
members, when engaged in their duties as members of the committee 48
on days when there is not a voting session of the member's house 49
of the general assembly, shall be paid at the per diem rate of one 50
hundred fifty dollars, and their necessary traveling expenses, 51
which shall be paid from the funds appropriated for the payment of 52
expenses of legislative committees.53

       The committee has the same powers as other standing or select 54
committees of the general assembly. Six members constitute a 55
quorum, and the concurrence of six members is required for the 56
recommendation of a concurrent resolution invalidating a proposed 57
or effectiveexisting rule, amendment, rescission, or part 58
thereof, or for the suspension of a rule, amendment, rescission, 59
or part thereof, under division (I) of section 119.03106.021 or 60
section 119.031106.031 of the Revised Code.61

       When a member of the committee is absent, the president or 62
speaker, as the case may be, may designate a substitute from the 63
same house and political party as the absent member. The 64
substitute shall serve on the committee in the member's absence, 65
and is entitled to perform the duties of a member of the 66
committee. For serving on the committee, the substitute shall be 67
paid the same per diem and necessary traveling expenses as the 68
substitute would be entitled to receive if the substitute were a 69
member of the committee.70

       The president or speaker shall inform the executive director 71
of the committee of a substitution. If the executive director 72
learns of a substitution sufficiently in advance of the meeting of 73
the committee the substitute is to attend, the executive director 74
shall publish notice of the substitution on the internet, make 75
reasonable effort to inform of the substitution persons who are 76
known to the executive director to be interested in rules that are 77
scheduled for review at the meeting, and inform of the 78
substitution persons who inquire of the executive director 79
concerning the meeting.80

       The committee may meet during periods in which the general 81
assembly has adjourned. At82

       At meetings of the committee, the committee may request a 83
rule-makingan agency, as defined in section 119.01106.01 of the 84
Revised Code, to provide information relative to the agency's 85
implementation of its statutory authority.86

       A member of the committee, and the executive director and 87
staff of the committee, are entitled in their official capacities 88
to attend, but not in their official capacities to participate in, 89
a public hearing conducted by a rule-makingan agency on a 90
proposed rule, amendment, or rescission.91

       Sec. 101.351.  The goal of the rule watch system is to 92
provide one world wide web portal through which a person can 93
obtain information about the rules of, and about rule-making by, 94
state agencies.95

       The joint committee on agency rule review shall establish, 96
maintain, and improve a rule watch system. The rule watch system 97
shall be designed so that a person may register electronically to 98
receive an electronic mail alert when an agency files a rule for 99
review by the joint committee.100

       The joint committee shall integrate the common sense 101
initiative office into the rule watch system. The joint committee 102
is the principal member of the rule watch system, but shall work 103
in collaboration with the common sense initiative office to 104
achieve the integration.105

       Failure of the rule watch system to transmit an electronic 106
mail alert to a person is not grounds for questioning the validity 107
of a rule or the validity of the process by which the rule was 108
adopted.109

       Sec. 103.0511.  The director of the legislative service 110
commission shall establish and maintain, and enhance and improve, 111
an electronic rule-filing system connecting:112

       (A) The legislative service commission, the joint committee 113
on agency rule review, the common sense initiative office, and the 114
secretary of state;115

       (B) The governor, the senate and house of representatives, 116
and the clerks of the senate and house of representatives;117

       (C) Each agency that files rules and other rule-making and 118
rule-related documents with the legislative service commission, 119
the joint committee on agency rule review, the department of 120
aging, the governor, the secretary of state, the general assembly, 121
or a committee of the senate or house of representatives under 122
section 106.02, 106.022, 106.031, 107.54, 111.15, 117.20, 119.03, 123
119.031, 119.032, 119.0311, 119.04, 121.24, 121.39, 121.82,124
127.18, 4141.14,173.01, or 5117.02, or 5703.14 of the Revised 125
Code or any other statute;126

       (D) The several publishers of the Administrative Code; 127

       (E) The common sense initiative office; and128

       (F) Any other person or governmental officer or entity whose 129
inclusion in the system is required for the system to be a 130
complete electronic rule-filing system.131

       The electronic rule-filing system is to enable rules and 132
rule-making and rule-related documents to be filed, and official 133
responses to these filings to be made, exclusively by electronic 134
means.135

       Sec. 106.01. As used in sections 106.01 to 106.042 of the 136
Revised Code, as the case may be:137

       (A) "Agency" means an agency as defined in sections 111.15 138
and 119.01 of the Revised Code.139

       (B) "Review date" means the review date assigned to a rule by 140
an agency under section 111.15 or 119.04 of the Revised Code.141

       (C) "Rule" means (1) a proposed new rule, or a proposed 142
amendment or rescission of an existing rule, that has been filed 143
with the joint committee on agency rule review under division (D) 144
of section 111.15 of the Revised Code or division (C) of section 145
119.03 of the Revised Code or (2) an existing rule that is subject 146
to review under sections 106.03 and 106.031 of the Revised Code. 147
"Rule" includes an appendix to a rule.148

       "Proposed rule" refers to the original and a revised version 149
of a proposed rule.150

       "Proposed rule" does not include a proposed rule that has 151
been adopted and is being filed in final form.152

       In sections 106.03 and 106.031 of the Revised Code, "rule" 153
does not include a rule of a state college or university, 154
community college district, technical college district, or state 155
community college or a rule that is consistent with and equivalent 156
to the form required by a federal law and that does not exceed the 157
minimum scope and intent of that federal law.158

       Sec. 106.02. When an agency files a proposed rule and rule 159
summary and fiscal analysis with the joint committee on agency 160
rule review, the joint committee shall review the proposed rule 161
and rule summary and fiscal analysis not later than the 162
sixty-fifth day after the day on which the proposed rule was filed 163
with the joint committee. If, after filing the original version of 164
a proposed rule, the agency makes a revision in the proposed rule, 165
the agency shall file the revised proposed rule and a revised rule 166
summary and fiscal analysis with the joint committee. If the 167
revised proposed rule is filed thirty-five or fewer days after the 168
original version of the proposed rule was filed, the joint 169
committee shall review the revised proposed rule and revised rule 170
summary and fiscal analysis not later than the sixty-fifth day 171
after the original version of the proposed rule was filed. If, 172
however, the revised proposed rule is filed more than thirty-five 173
days after the original version of the proposed rule was filed, 174
the joint committee shall review the revised proposed rule and 175
revised rule summary and fiscal analysis not later than the 176
thirtieth day after the revised proposed rule was filed with the 177
joint committee.178

        When the original version of a proposed rule and rule summary 179
and fiscal analysis is filed with the joint committee in December 180
or in the following January before the first day of the 181
legislative session, the joint committee shall review the proposed 182
rule and rule summary and fiscal analysis as if the proposed rule 183
and rule summary and fiscal analysis had been filed with the joint 184
committee on the first day of the legislative session in the 185
following January. If the original version of a proposed rule and 186
rule summary and fiscal analysis have been pending before the 187
joint committee for more than thirty-five days, and the proposed 188
rule and rule summary and fiscal analysis are revised in December 189
or in the following January before the first day of the 190
legislative session, the joint committee shall review the revised 191
proposed rule and revised rule summary and fiscal analysis not 192
later than the thirtieth day after the first day of the 193
legislative session in the following January.194

       A revised proposed rule supersedes each earlier version of 195
the same proposed rule.196

       The joint committee shall not hold its public hearing on a 197
proposed rule earlier than the forty-first day after the proposed 198
rule was filed with the joint committee.199

       Sec. 106.021. If, upon reviewing a proposed rule or revised 200
proposed rule, the joint committee on agency rule review makes any 201
of the following findings with regard to the proposed rule or 202
revised proposed rule, the joint committee may recommend to the 203
senate and house of representatives the adoption of a concurrent 204
resolution to invalidate the proposed rule or revised proposed 205
rule or a part thereof:206

       (A) The proposed rule or revised proposed rule exceeds the 207
scope of its statutory authority.208

       (B) The proposed rule or revised proposed rule conflicts with 209
the legislative intent of the statute under which it was proposed. 210

       (C) The proposed rule or revised proposed rule conflicts with 211
another proposed or existing rule.212

       (D) The proposed rule or revised proposed rule incorporates a 213
text or other material by reference and either the agency has 214
failed to file the text or other material incorporated by 215
reference as required by section 121.73 of the Revised Code or the 216
incorporation by reference fails to meet the standards stated in 217
sections 121.72, 121.75, and 121.76 of the Revised Code.218

       (E) The agency has failed to prepare a complete and accurate 219
rule summary and fiscal analysis of the proposed rule or revised 220
proposed rule as required by section 127.18 of the Revised Code.221

       (F) The agency has failed to demonstrate through the business 222
impact analysis, recommendations from the common sense initiative 223
office, and the memorandum of response that the regulatory intent 224
of the proposed rule or revised proposed rule justifies its 225
adverse impact on businesses in this state.226

       Sec. 106.022.  As an alternative to recommending the adoption 227
of a concurrent resolution to invalidate a proposed rule, the 228
joint committee on agency rule review may authorize the agency to 229
revise and refile the proposed rule and rule summary and fiscal 230
analysis. The joint committee shall issue the authorization in 231
writing. In the authorization, the joint committee shall explain 232
the finding that, but for the authorization, would have resulted 233
in a recommendation of invalidation. The joint committee shall 234
transmit the authorization electronically to the agency, the 235
secretary of state, the director of the legislative service 236
commission, and, if the proposed rule is to replace an emergency 237
rule, the governor.238

       Upon receiving the authorization, the agency may revise the 239
proposed rule and rule summary and fiscal analysis, and then 240
refile the revised proposed rule and rule summary and fiscal 241
analysis electronically with the joint committee.242

       If the joint committee makes any of the findings outlined in 243
section 106.021 of the Revised Code with regard to the revised 244
proposed rule and rule summary and fiscal analysis, the joint 245
committee may recommend the adoption of a concurrent resolution to 246
invalidate the proposed rule under section 106.021 of the Revised 247
Code. The joint committee may issue only one authorization with 248
regard to the same proposed rule.249

       If the proposed rule that is the subject of an authorization 250
is to replace an emergency rule, the governor may issue an order 251
extending the emergency rule for an additional sixty-five days 252
after the day on which the emergency rule otherwise would become 253
invalid. The governor shall transmit the order electronically to 254
the agency, the joint committee, and the director of the 255
legislative service commission.256

       Sec. 106.023. An agency may not adopt a proposed rule or 257
revised proposed rule or file it in final form unless the proposed 258
rule has been filed with the joint committee on agency rule review 259
under division (D) of section 111.15 or division (C) of section 260
119.03 of the Revised Code and the time for the joint committee to 261
review the proposed rule has expired without recommendation of a 262
concurrent resolution to invalidate the proposed rule.263

        If, before the time for its review of a proposed rule or 264
revised proposed rule expires, the joint committee recommends 265
adoption of a concurrent resolution invalidating the proposed rule 266
or revised proposed rule, and the senate and house of 267
representatives does not, within the time remaining for adoption 268
of the concurrent resolution, hold five sessions at which its 269
journal records a roll call vote disclosing a sufficient number of 270
members in attendance to pass a bill, the time within which that 271
house may adopt the concurrent resolution is extended until it has 272
held five such sessions.273

       Sec. 106.03. Prior to the review date of an existing rule, 274
the agency that adopted the rule shall do both of the following:275

       (A) Review the rule to determine all of the following:276

       (1) Whether the rule should be continued without amendment, 277
be amended, or be rescinded, taking into consideration the 278
purpose, scope, and intent of the statute under which the rule was 279
adopted;280

       (2) Whether the rule needs amendment or rescission to give 281
more flexibility at the local level;282

       (3) Whether the rule needs amendment or rescission to 283
eliminate unnecessary paperwork;284

       (4) Whether the rule incorporates a text or other material by 285
reference and, if so, whether the text or other material 286
incorporated by reference is deposited or displayed as required by 287
section 121.74 of the Revised Code and whether the incorporation 288
by reference meets the standards stated in sections 121.72, 289
121.75, and 121.76 of the Revised Code;290

       (5) Whether the rule duplicates, overlaps with, or conflicts 291
with other rules;292

       (6) Whether the rule has an adverse impact on businesses, as 293
determined under section 107.52 of the Revised Code; and294

       (7) Whether the rule contains words or phrases having 295
meanings that in contemporary usage are understood as being 296
derogatory or offensive.297

        In making its review, the agency shall consider the continued 298
need for the rule, the nature of any complaints or comments 299
received concerning the rule, and any relevant factors that have 300
changed in the subject matter area affected by the rule.301

       (B) On the basis of its review of the existing rule, the 302
agency shall determine whether the existing rule needs to be 303
amended or rescinded.304

       (1) If the existing rule needs to be amended or rescinded, 305
the agency, on or before the review date of the existing rule, 306
shall commence the process of amending or rescinding the existing 307
rule in accordance with its review of the rule.308

       (2) If the existing rule does not need to be amended or 309
rescinded, proceedings shall be had under section 106.031 of the 310
Revised Code.311

       Upon the request of the agency that adopted an existing rule, 312
the joint committee on agency rule review may extend the review 313
date of the rule to a date that is not later than one hundred 314
eighty days after the review date assigned to the rule by the 315
agency. Not more than two such extensions may be allowed.316

       Sec. 106.031. If an agency, on the basis of its review of a 317
rule under section 106.03 of the Revised Code, determines that the 318
rule does not need to be amended or rescinded, proceedings shall 319
be had as follows:320

       (A)(1) If, considering only the standard of review specified 321
in division (A)(6) of section 106.03 of the Revised Code, the rule 322
has an adverse impact on businesses, the agency shall prepare a 323
business impact analysis that describes its review of the rule 324
under that division and that explains why the regulatory intent of 325
the rule justifies its adverse impact on businesses. If the rule 326
does not have an adverse impact on businesses, the agency may 327
proceed under division (B) of this section.328

       (2) The agency shall transmit a copy of the full text of the 329
rule and the business impact analysis electronically to the common 330
sense initiative office. The office shall make the rule and 331
analysis available to the public on its web site under section 332
107.62 of the Revised Code.333

       (3) The agency shall consider any recommendations made by the 334
office.335

       (4) Not earlier than the sixteenth business day after 336
transmitting the rule and analysis to the office, the agency shall 337
either (a) proceed under divisions (A)(5) and (B) of this section 338
or (b) commence, under division (B)(1) of section 106.03 of the 339
Revised Code, the process of rescinding the rule or of amending 340
the rule to incorporate into the rule features the recommendations 341
suggest will eliminate or reduce the adverse impact the rule has 342
on businesses. If the agency determines to amend or rescind the 343
rule, the agency is not subject to the time limit specified in 344
division (B)(1) of section 106.03 of the Revised Code.345

       (5) If the agency receives recommendations from the office, 346
and determines not to amend or rescind the rule, the agency shall 347
prepare a memorandum of response that explains why the rule is not 348
being rescinded or why the recommendations are not being 349
incorporated into the rule. 350

       (B) The agency shall assign a new review date to the rule. 351
The review date assigned shall be not later than five years after 352
the immediately preceding review date pertaining to the rule. If 353
the agency assigns a review date that exceeds the five-year 354
maximum, the review date is five years after the immediately 355
preceding review date.356

       (C)(1) The agency shall file all the following, in electronic 357
form, with the joint committee on agency rule review, the 358
secretary of state, and the director of the legislative service 359
commission: a copy of the rule specifying its new review date, a 360
complete and accurate rule summary and fiscal analysis, and, if 361
relevant, a business impact analysis of the rule, any 362
recommendations received from the common sense initiative office, 363
and any memorandum of response.364

       (2) Subject to section 106.05 of the Revised Code, the joint 365
committee does not have jurisdiction to review, and shall reject, 366
the filing of a rule under division (C)(1) of this section if, at 367
any time while the rule is in its possession, it discovers that 368
the rule has an adverse impact on businesses and the agency has 369
not complied with division (A) of this section. The joint 370
committee shall electronically return a rule that is rejected to 371
the agency, together with any documents that were part of the 372
filing. Such a rejection does not preclude the agency from 373
refiling the rule under division (C)(1) of this section after 374
complying with division (A) of this section. When the filing of a 375
rule is rejected under this division, it is as if the filing had 376
not been made.377

       (D) The joint committee shall publish notice of the agency's 378
determination not to amend or rescind the rule in the register of 379
Ohio for four consecutive weeks after the rule is filed under 380
division (C) of this section.381

       (E) During the ninety-day period after a rule is filed under 382
division (C) of this section, but after the four-week notice 383
period required by division (D) of this section has ended, the 384
joint committee, by a two-thirds vote of members present, may 385
recommend to the senate and house of representatives the adoption 386
of a concurrent resolution invalidating the rule if the joint 387
committee finds any of the following:388

       (1) The agency improperly applied the standards in division 389
(A) of section 106.03 of the Revised Code in reviewing the rule 390
and in determining that the rule did not need amendment or 391
rescission.392

       (2) The rule has an adverse impact on businesses, and the 393
agency has failed to demonstrate through a business impact 394
analysis, recommendations from the common sense initiative office, 395
and a memorandum of response that the regulatory intent of the 396
rule justifies its adverse impact on businesses.397

       (3) If the rule incorporates a text or other material by 398
reference, the agency failed to file, or to deposit or display, 399
the text or other material incorporated by reference as required 400
by section 121.73 or 121.74 of the Revised Code or the 401
incorporation by reference fails to meet the standards stated in 402
sections 121.72, 121.75, and 121.76 of the Revised Code.403

       If the agency fails to comply with section 106.03 or 106.031 404
of the Revised Code, the joint committee shall afford the agency 405
an opportunity to appear before the joint committee to show cause 406
why the agency has not complied with either or both of those 407
sections. If the agency appears before the joint committee at the 408
time scheduled for the agency to show cause, and fails to do so, 409
the joint committee, by vote of a majority of its members present, 410
may recommend the adoption of a concurrent resolution invalidating 411
the rule for the agency's failure to show cause. Or if the agency 412
fails to appear before the joint committee at the time scheduled 413
for the agency to show cause, the joint committee, by vote of a 414
majority of its members present, may recommend adoption of a 415
concurrent resolution invalidating the rule for the agency's 416
default.417

       When the joint committee recommends that a rule be 418
invalidated, the recommendation does not suspend operation of the 419
rule, and the rule remains operational pending action by the 420
senate and house of representatives on the concurrent resolution 421
embodying the recommendation. If the senate and house of 422
representatives adopt the concurrent resolution, the rule is 423
invalid. If, however, the senate and house of representatives do 424
not adopt the resolution, the rule continues in effect, and shall 425
next be reviewed according to the new review date assigned to the 426
rule.427

       Sec. 106.04. When the joint committee on agency rule review 428
recommends invalidation of a proposed or existing rule under 429
section 106.021 or 106.031 of the Revised Code, the chairperson of 430
the joint committee, or another member of the joint committee 431
designated by the chairperson, shall prepare the recommendation of 432
invalidation in writing. The recommendation shall identify the 433
proposed or existing rule, the agency that proposed or submitted 434
the proposed or existing rule, and the finding that caused the 435
joint committee to make the recommendation. The recommendation 436
briefly shall explain the finding.437

       The chairperson of the joint committee shall request the 438
legislative service commission to prepare a concurrent resolution 439
to invalidate the proposed or existing rule according to the 440
recommendation. The concurrent resolution shall state the finding 441
that caused the joint committee to recommend invalidation of the 442
rule.443

       Sec. 106.041. The chairperson of the joint committee on 444
agency rule review, or another member of the joint committee 445
designated by the chairperson, shall submit a concurrent 446
resolution to invalidate a proposed or existing rule to the clerk 447
of either house of the general assembly. The recommendation of 448
invalidation and a copy of the proposed or existing rule also 449
shall be submitted to the clerk along with the concurrent 450
resolution.451

       Sec. 106.042. The failure of the general assembly to adopt a 452
concurrent resolution invalidating a proposed or existing rule is 453
not a ratification of the lawfulness or reasonableness of the 454
proposed or existing rule or of the validity of the procedure by 455
which the rule was proposed or adopted.456

       Sec. 106.05. (A) If the joint committee on agency rule review 457
is reviewing a proposed or existing rule under section 106.021 or 458
106.031 of the Revised Code and the joint committee is uncertain 459
whether the proposed or existing rule has an adverse impact on 460
businesses, the joint committee electronically may refer the rule 461
to the common sense initiative office, or if the joint committee 462
identifies an adverse impact on businesses in the proposed or 463
existing rule that has not been evaluated or has been inadequately 464
evaluated in a business impact analysis previously reviewed by the 465
common sense initiative office, the joint committee electronically 466
may rerefer the rule to the office. The joint committee 467
electronically may transmit a memorandum to the office along with 468
the proposed or existing rule explaining specifically why it is 469
referring or rereferring the rule to the office. The joint 470
committee electronically shall notify the agency if it refers or 471
rerefers the proposed or existing rule to the office.472

        Such a referral or rereferral tolls the running of the time 473
within which the joint committee is required to recommend adoption 474
of a concurrent resolution invalidating the proposed or existing 475
rule. The time resumes running when the proposed or existing rule 476
is returned to the joint committee after the referral or 477
rereferral. The tolling does not affect the continued operation of 478
an existing rule.479

        (B) The office, within thirty days after receiving a proposed 480
or existing rule under division (A) of this section, shall 481
evaluate or reevaluate the rule to determine whether it has an 482
adverse impact on businesses, and shall proceed under division 483
(C)(1) or (2) of this section as is appropriate to its 484
determination.485

        (C)(1) If the office determined that the proposed or existing 486
rule does not have an adverse impact on businesses, the office 487
shall prepare a memorandum stating that finding. The office 488
electronically shall transmit the memorandum to the agency, and 489
electronically shall return the proposed or existing rule to the 490
joint committee. The office also electronically shall transmit a 491
copy of its memorandum to the joint committee along with the 492
proposed or existing rule. The joint committee may review or 493
reject the proposed or existing rule, the same as if the rule had 494
not been referred or rereferred to the office. If, when the 495
proposed or existing rule is returned to the joint committee, 496
fewer than thirty days remain in the time by which a concurrent 497
resolution invalidating the proposed or existing rule must be 498
recommended, the time for making such a recommendation is extended 499
until the thirtieth day after the day on which the proposed or 500
existing rule was returned to the joint committee.501

        (2) If the office determined that the proposed or existing 502
rule has an adverse impact on businesses, the office shall prepare 503
a memorandum stating that finding. The office electronically shall 504
transmit the memorandum to the agency, and electronically shall 505
transmit the memorandum and the proposed or existing rule to the 506
joint committee. The memorandum shall identify the proposed or 507
existing rule to which it relates.508

        In the case of a proposed rule, the joint committee may 509
review or reject the proposed rule the same as if the proposed 510
rule had not been referred or rereferred to the office. If, when 511
the proposed rule is returned to the joint committee, fewer than 512
thirty days remain in the time by which a concurrent resolution 513
invalidating the proposed rule must be recommended, the time for 514
making such a recommendation is extended until the thirtieth day 515
after the day on which the proposed rule was transmitted to the 516
joint committee. The agency, after considering the memorandum, may 517
revise the proposed rule.518

        In the case of an existing rule, it is the same as if the 519
agency had withdrawn the existing rule from the joint committee's 520
jurisdiction. If the agency determines, after considering the 521
memorandum, that the existing rule needs to be amended or 522
rescinded, the agency shall commence the process of doing so under 523
division (B)(1) of section 106.03 of the Revised Code. If, 524
however, the agency determines, after considering the memorandum, 525
that the existing rule does not need to be amended or rescinded, 526
the agency shall proceed with periodic review of the rule under 527
division (B)(2) of section 106.03 of the Revised Code. 528

       When the joint committee gives notice that it is referring or 529
rereferring a proposed or existing rule to the common sense 530
initiative office, and when the joint committee or office 531
transmits a memorandum to the other or to an agency, the joint 532
committee or office also electronically shall transmit a copy of 533
the notice or memorandum to the director of the legislative 534
service commission. The director shall publish the notice or 535
memorandum in the register of Ohio together with a notation 536
identifying the proposed or existing rule to which the notice or 537
memorandum relates.538

       Sec. 107.52. A draft or existing rule that affects businesses 539
has an adverse impact on businesses if a provision of the draft or 540
existing rule that applies to businesses has any of the following 541
effects:542

       (A) It requires a license, permit, or any other prior 543
authorization to engage in or operate a line of business;544

       (B) It imposes a criminal penalty, a civil penalty, or 545
another sanction, or creates a cause of action, for failure to 546
comply with its terms; or547

       (C) It requires specific expenditures or the report of 548
information as a condition of compliance.549

       Sec. 107.53. The common sense initiative office shall 550
develop, and as it becomes necessary or advisable shall improve, a 551
business impact analysis instrument that shall be used as required 552
by law to evaluate draft and existing rules that might have an 553
adverse impact on businesses. The instrument shall be in writing, 554
and shall include the following:555

       (A) Standards that encourage agencies to propose draft rules, 556
and to evaluate existing rules, and proposed revisions thereto, in 557
such a manner that the rules will be as easy to understand as 558
their subject matter permits;559

       (B) Performance measures that can be applied to evaluate the 560
likely efficiency and effectiveness of a draft or existing rule in 561
achieving its regulatory objectives;562

       (C) Standards for evaluating alternative means of regulation 563
that might reduce or eliminate the adverse impact a draft or 564
existing rule might have on businesses;565

       (D) Standards that will promote transparency, predictability, 566
consistency, and flexibility in the implementation and operation 567
of a draft or existing rule, as well as an overall balance in a 568
draft or existing rule between its regulatory objectives and the 569
costs of compliance it imposes on regulated persons;570

       (E) Standards that require an agency to encourage businesses 571
that might be adversely impacted by a draft rule to participate in 572
the rule-making process, beginning at the earliest practicable 573
stage, and that will encourage businesses that are or may be 574
adversely impacted by a draftan existing rule to offer advice and 575
assistance to the agency when the draft rule is adopted and576
existing rule is being implemented and administered; and577

       (F) Any other standards or measures, or any other criteria, 578
the office concludes will reduce or eliminate adverse impacts on 579
businesses and foster improved regulation and economic development 580
in the state.581

       Alternative means of regulation include, and are not limited 582
to, less stringent compliance or reporting requirements, less 583
stringent schedules or deadlines, consolidation or simplification 584
of requirements, establishment of performance standards to replace 585
operational standards, and exemption of businesses.586

       The instrument does not need to be adopted as a rule. The 587
office shall publish the current instrument in the register of 588
Ohio.589

       Sec. 107.54. (A)(1) When the common sense initiative office 590
receives a draft rule and business impact analysis from an agency, 591
the office shall evaluate the draft rule and analysis against the 592
business impact analysis instrument and any other relevant 593
criteria, and may prepare and transmit recommendations to the 594
agency on how the draft rule might be revised to eliminate or 595
reduce any adverse impact the draft rule might have on businesses.596

       (2) When the office receives an existing rule and business 597
impact analysis from an agency under division (A)(2) of section 598
106.031 of the Revised Code, the office shall evaluate the 599
existing rule and analysis against the business impact analysis 600
instrument and any other relevant criteria, and may prepare and 601
transmit recommendations to the agency on how the existing rule 602
might be amended or rescinded to eliminate or reduce any adverse 603
impact the existing rule has on businesses.604

       (B) The office shall transmit any such recommendations 605
electronically to the agency. If the office fails to make such a 606
transmission after receiving the draft or existing rule and 607
business impact analysis, it is as if the office had elected not 608
to make any recommendations.609

       Sec. 107.55. The common sense initiative office, annually not 610
later than the first day of February, shall prepare a report of 611
the activities of the office during the preceding calendar year. 612
The report shall include:613

       (A) A statement of the number of draft and existing rules 614
reviewed during the calendar year;615

       (B) A description of the recommendations made to agencies 616
with regard to draft and existing rules;617

       (C) An assessment of the status of the recommendations made;618

       (D) An explanation of the performance measures developed to 619
evaluate the efficiency and effectiveness of the office;620

       (E) An evaluation of the work of the office judged against 621
the performance measures; and622

       (F) Any other information the office believes will explain 623
the work of the office.624

       The office shall transmit a copy of the report to the 625
governor, the lieutenant governor, the president and minority 626
leader of the senate, and the speaker and minority leader of the 627
house of representatives.628

       Sec. 107.62. The common sense initiative office shall 629
establish a system through which any person may comment 630
concerning:631

       (A) The adverse impact on businesses a draft rule might have;632

       (B) The adverse impact on businesses that a rule currently in 633
effect is having; or634

       (C) The adverse impact on businesses the implementation or 635
administration of a rule currently in effect is having.636

       The office shall prepare a plan for the comment system, and 637
shall revise or replace the plan to improve the comment system in 638
light of learning, experience, or technological development. The 639
office shall publish the current plan for the comment system in 640
the register of Ohio.641

       At a minimum, the plan for the comment system shall provide 642
for communication of comments as follows: The office shall accept 643
comments in writing that are delivered to the office personally, 644
by mail, or by express. The office shall establish a toll-free 645
telephone number that a person may call to offer comments. (The 646
telephone number shall be connected to a recording device at its 647
answering point.) The office shall create a web site that enables 648
a person to offer comments electronically. The web site also shall 649
provide notification to the public of any draft or existing rule 650
that may have an adverse impact on businesses, which notification 651
shall include copies of the draft or existing rule and the 652
business impact analysis of the draft rule.653

       The office shall forward written, telephoned, and 654
electronically transmitted comments to the state agency having 655
jurisdiction over the rule. The office has no other duty with 656
regard to the comments.657

       Sec. 107.63. As used in this section, "small business" means 658
an independently owned and operated for-profit or nonprofit 659
business entity, including affiliates, that has fewer than five 660
hundred full time employees or gross annual sales of less than six 661
million dollars, and has operations located in the state.662

       The small business advisory council is established in the 663
office of the governor. The council shall advise the governor, the 664
lieutenant governor, and the common sense initiative office on the 665
adverse impact draft and existing rules might have on small 666
businesses. The council shall meet at least quarterly.667

       The council consists of nine members. The governor, or the 668
person to whom the governor has delegated responsibilities for the 669
common sense initiative office under section 107.61 of the Revised 670
Code, shall appoint five members, the president of the senate 671
shall appoint two members, and the speaker of the house of 672
representatives shall appoint two members. A member serves at the 673
pleasure of the member's appointing authority. The appointing 674
authorities shall consult with each other and appoint only 675
individuals who are representative of small businesses, and shall 676
do so in such a manner that the membership of the council is 677
composed of representatives of small businesses that are of 678
different sizes, engaged in different lines of business, and 679
located in different parts of the state.680

       Sec. 111.15.  (A) As used in this section:681

       (1) "Rule" includes any rule, regulation, bylaw, or standard 682
having a general and uniform operation adopted by an agency under 683
the authority of the laws governing the agency; any appendix to a 684
rule; and any internal management rule. "Rule" does not include 685
any guideline adopted pursuant to section 3301.0714 of the Revised 686
Code, any order respecting the duties of employees, any finding, 687
any determination of a question of law or fact in a matter 688
presented to an agency, or any rule promulgated pursuant to 689
Chapter 119., section 4141.14,or division (C)(1) or (2) of 690
section 5117.02, or section 5703.14 of the Revised Code. "Rule" 691
includes any amendment or rescission of a rule.692

       (2) "Agency" means any governmental entity of the state and 693
includes, but is not limited to, any board, department, division, 694
commission, bureau, society, council, institution, state college 695
or university, community college district, technical college 696
district, or state community college. "Agency" does not include 697
the general assembly, the controlling board, the adjutant 698
general's department, or any court.699

       (3) "Internal management rule" means any rule, regulation, 700
bylaw, or standard governing the day-to-day staff procedures and 701
operations within an agency.702

       (4) "Substantive revision" has the same meaning as in 703
division (J) of section 119.01 of the Revised Code.704

       (B)(1) Any rule, other than a rule of an emergency nature, 705
adopted by any agency pursuant to this section shall be effective 706
on the tenth day after the day on which the rule in final form and 707
in compliance with division (B)(3) of this section is filed as 708
follows:709

       (a) The rule shall be filed in electronic form with both the 710
secretary of state and the director of the legislative service 711
commission;712

       (b) The rule shall be filed in electronic form with the joint 713
committee on agency rule review. Division (B)(1)(b) of this 714
section does not apply to any rule to which division (D) of this 715
section does not apply.716

       An agency that adopts or amends a rule that is subject to 717
division (D) of this section shall assign a review date to the 718
rule that is not later than five years after its effective date. 719
If no review date is assigned to a rule, or if a review date 720
assigned to a rule exceeds the five-year maximum, the review date 721
for the rule is five years after its effective date. A rule with a 722
review date is subject to review under section 119.032106.03 of 723
the Revised Code. This paragraph does not apply to a rule of a 724
state college or university, community college district, technical 725
college district, or state community college.726

       If all filings are not completed on the same day, the rule 727
shall be effective on the tenth day after the day on which the 728
latest filing is completed. If an agency in adopting a rule 729
designates an effective date that is later than the effective date 730
provided for by division (B)(1) of this section, the rule if filed 731
as required by such division shall become effective on the later 732
date designated by the agency.733

       Any rule that is required to be filed under division (B)(1) 734
of this section is also subject to division (D) of this section if 735
not exempted by that division (D)(1), (2), (3), (4), (5), (6), 736
(7), or (8) of this section.737

       If a rule incorporates a text or other material by reference, 738
the agency shall comply with sections 121.71 to 121.76 of the 739
Revised Code.740

       (2) A rule of an emergency nature necessary for the immediate 741
preservation of the public peace, health, or safety shall state 742
the reasons for the necessity. The emergency rule, in final form 743
and in compliance with division (B)(3) of this section, shall be 744
filed in electronic form with the secretary of state, the director 745
of the legislative service commission, and the joint committee on 746
agency rule review. The emergency rule is effective immediately 747
upon completion of the latest filing, except that if the agency in 748
adopting the emergency rule designates an effective date, or date 749
and time of day, that is later than the effective date and time 750
provided for by division (B)(2) of this section, the emergency 751
rule if filed as required by such division shall become effective 752
at the later date, or later date and time of day, designated by 753
the agency.754

       An emergency rule becomes invalid at the end of the ninetieth755
one hundred twentieth day it is in effect. Prior to that date, the 756
agency may file the emergency rule as a nonemergency rule in 757
compliance with division (B)(1) of this section. The agency may 758
not refile the emergency rule in compliance with division (B)(2) 759
of this section so that, upon the emergency rule becoming invalid 760
under such division, the emergency rule will continue in effect 761
without interruption for another ninety-dayone hundred twenty-day762
period.763

       (3) An agency shall file a rule under division (B)(1) or (2) 764
of this section in compliance with the following standards and 765
procedures:766

       (a) The rule shall be numbered in accordance with the 767
numbering system devised by the director for the Ohio 768
administrative code.769

       (b) The rule shall be prepared and submitted in compliance 770
with the rules of the legislative service commission.771

       (c) The rule shall clearly state the date on which it is to 772
be effective and the date on which it will expire, if known.773

       (d) Each rule that amends or rescinds another rule shall 774
clearly refer to the rule that is amended or rescinded. Each 775
amendment shall fully restate the rule as amended.776

       If the director of the legislative service commission or the 777
director's designee gives an agency notice pursuant to section 778
103.05 of the Revised Code that a rule filed by the agency is not 779
in compliance with the rules of the legislative service 780
commission, the agency shall within thirty days after receipt of 781
the notice conform the rule to the rules of the commission as 782
directed in the notice.783

       (C) All rules filed pursuant to divisions (B)(1)(a) and (2) 784
of this section shall be recorded by the secretary of state and 785
the director under the title of the agency adopting the rule and 786
shall be numbered according to the numbering system devised by the 787
director. The secretary of state and the director shall preserve 788
the rules in an accessible manner. Each such rule shall be a 789
public record open to public inspection and may be transmitted to 790
any law publishing company that wishes to reproduce it.791

       (D) At least sixty-five days before a board, commission, 792
department, division, or bureau of the government of the state 793
files a rule under division (B)(1) of this section, it shall file 794
the full text of the proposed rule in electronic form with the 795
joint committee on agency rule review, and the proposed rule is 796
subject to legislative review and invalidation under division (I) 797
of section 119.03106.021 of the Revised Code. If a state board, 798
commission, department, division, or bureau makes a substantive799
revision in a proposed rule after it is filed with the joint 800
committee, the state board, commission, department, division, or 801
bureau shall promptly file the full text of the proposed rule in 802
its revised form in electronic form with the joint committee. The 803
latest version of a proposed rule as filed with the joint 804
committee supersedes each earlier version of the text of the same 805
proposed rule. A state board, commission, department, division, or 806
bureau shall also file the rule summary and fiscal analysis 807
prepared under section 127.18 of the Revised Code in electronic 808
form along with a proposed rule, and along with a proposed rule in 809
revised form, that is filed under this division. If a proposed 810
rule has an adverse impact on businesses, the state board, 811
commission, department, division, or bureau also shall file the 812
business impact analysis, any recommendations received from the 813
common sense initiative office, and the associated memorandum of 814
response, if any, in electronic form along with the proposed rule, 815
or the proposed rule in revised form, that is filed under this 816
division.817

       A proposed rule that is subject to legislative review under 818
this division may not be adopted and filed in final form under 819
division (B)(1) of this section unless the proposed rule has been 820
filed with the joint committee on agency rule review under this 821
division and the time for the joint committee to review the 822
proposed rule has expired without recommendation of a concurrent 823
resolution to invalidate the proposed rule.824

       As used in this division, "commission" includes the public 825
utilities commission when adopting rules under a federal or state 826
statute.827

       This division does not apply to any of the following:828

       (1) A proposed rule of an emergency nature;829

       (2) A rule proposed under section 1121.05, 1121.06, 1155.18, 830
1163.22, 1349.33, 1707.201, 1733.412, 4123.29, 4123.34, 4123.341, 831
4123.342, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised 832
Code;833

       (3) A rule proposed by an agency other than a board, 834
commission, department, division, or bureau of the government of 835
the state;836

       (4) A proposed internal management rule of a board, 837
commission, department, division, or bureau of the government of 838
the state;839

       (5) Any proposed rule that must be adopted verbatim by an 840
agency pursuant to federal law or rule, to become effective within 841
sixty days of adoption, in order to continue the operation of a 842
federally reimbursed program in this state, so long as the 843
proposed rule contains both of the following:844

       (a) A statement that it is proposed for the purpose of 845
complying with a federal law or rule;846

       (b) A citation to the federal law or rule that requires 847
verbatim compliance.848

       (6) An initial rule proposed by the director of health to 849
impose safety standards and quality-of-care standards with respect 850
to a health service specified in section 3702.11 of the Revised 851
Code, or an initial rule proposed by the director to impose 852
quality standards on a facility listed in division (A)(4) of 853
section 3702.30 of the Revised Code, if section 3702.12 of the 854
Revised Code requires that the rule be adopted under this section;855

       (7) A rule of the state lottery commission pertaining to 856
instant game rules.857

       If a rule is exempt from legislative review under division 858
(D)(5) of this section, and if the federal law or rule pursuant to 859
which the rule was adopted expires, is repealed or rescinded, or 860
otherwise terminates, the rule is thereafter subject to 861
legislative review under division (D) of this section.862

       (E) Whenever a state board, commission, department, division, 863
or bureau files a proposed rule or a proposed rule in revised form 864
under division (D) of this section, it shall also file the full 865
text of the same proposed rule or proposed rule in revised form in 866
electronic form with the secretary of state and the director of 867
the legislative service commission. A state board, commission, 868
department, division, or bureau shall file the rule summary and 869
fiscal analysis prepared under section 127.18 of the Revised Code 870
in electronic form along with a proposed rule or proposed rule in 871
revised form that is filed with the secretary of state or the 872
director of the legislative service commission.873

       Sec. 119.01.  As used in sections 119.01 to 119.13 of the 874
Revised Code:875

       (A)(1) "Agency" means, except as limited by this division, 876
any official, board, or commission having authority to promulgate 877
rules or make adjudications in the civil service commission, the 878
division of liquor control, the department of taxation, the 879
industrial commission, the bureau of workers' compensation, the 880
functions of any administrative or executive officer, department, 881
division, bureau, board, or commission of the government of the 882
state specifically made subject to sections 119.01 to 119.13 of 883
the Revised Code, and the licensing functions of any 884
administrative or executive officer, department, division, bureau, 885
board, or commission of the government of the state having the 886
authority or responsibility of issuing, suspending, revoking, or 887
canceling licenses.888

       Except as otherwise provided in division (I) of this section, 889
sectionsSections 119.01 to 119.13 of the Revised Code do not 890
apply to the public utilities commission. Sections 119.01 to 891
119.13 of the Revised Code do not apply to the utility 892
radiological safety board; to the controlling board; to actions of 893
the superintendent of financial institutions and the 894
superintendent of insurance in the taking possession of, and 895
rehabilitation or liquidation of, the business and property of 896
banks, savings and loan associations, savings banks, credit 897
unions, insurance companies, associations, reciprocal fraternal 898
benefit societies, and bond investment companies; to any action 899
taken by the division of securities under section 1707.201 of the 900
Revised Code; or to any action that may be taken by the 901
superintendent of financial institutions under section 1113.03, 902
1121.06, 1121.10, 1125.09, 1125.12, 1125.18, 1157.09, 1157.12, 903
1157.18, 1165.09, 1165.12, 1165.18, 1349.33, 1733.35, 1733.361, 904
1733.37, or 1761.03 of the Revised Code.905

       Sections 119.01 to 119.13 of the Revised Code do not apply to 906
actions of the industrial commission or the bureau of workers' 907
compensation under sections 4123.01 to 4123.94 of the Revised Code 908
with respect to all matters of adjudication, or to the actions of 909
the industrial commission, bureau of workers' compensation board 910
of directors, and bureau of workers' compensation under division 911
(D) of section 4121.32, sections 4123.29, 4123.34, 4123.341, 912
4123.342, 4123.40, 4123.411, 4123.44, 4123.442, 4127.07, divisions 913
(B), (C), and (E) of section 4131.04, and divisions (B), (C), and 914
(E) of section 4131.14 of the Revised Code with respect to all 915
matters concerning the establishment of premium, contribution, and 916
assessment rates.917

       (2) "Agency" also means any official or work unit having 918
authority to promulgate rules or make adjudications in the 919
department of job and family services, but only with respect to 920
both of the following:921

       (a) The adoption, amendment, or rescission of rules that 922
section 5101.09 of the Revised Code requires be adopted in 923
accordance with this chapter;924

       (b) The issuance, suspension, revocation, or cancellation of 925
licenses.926

       (B) "License" means any license, permit, certificate, 927
commission, or charter issued by any agency. "License" does not 928
include any arrangement whereby a person or government entity 929
furnishes medicaid services under a provider agreement with the 930
department of medicaid.931

       (C) "Rule" means any rule, regulation, or standard, having a 932
general and uniform operation, adopted, promulgated, and enforced 933
by any agency under the authority of the laws governing such 934
agency, and includes any appendix to a rule. "Rule" does not 935
include any internal management rule of an agency unless the 936
internal management rule affects private rights and does not 937
include any guideline adopted pursuant to section 3301.0714 of the 938
Revised Code.939

       (D) "Adjudication" means the determination by the highest or 940
ultimate authority of an agency of the rights, duties, privileges, 941
benefits, or legal relationships of a specified person, but does 942
not include the issuance of a license in response to an 943
application with respect to which no question is raised, nor other 944
acts of a ministerial nature.945

       (E) "Hearing" means a public hearing by any agency in 946
compliance with procedural safeguards afforded by sections 119.01 947
to 119.13 of the Revised Code.948

       (F) "Person" means a person, firm, corporation, association, 949
or partnership.950

       (G) "Party" means the person whose interests are the subject 951
of an adjudication by an agency.952

       (H) "Appeal" means the procedure by which a person, aggrieved 953
by a finding, decision, order, or adjudication of any agency, 954
invokes the jurisdiction of a court.955

       (I) "Rule-making agency" means any board, commission, 956
department, division, or bureau of the government of the state 957
that is required to file proposed rules, amendments, or 958
rescissions under division (D) of section 111.15 of the Revised 959
Code and any agency that is required to file proposed rules, 960
amendments, or rescissions under divisions (B) and (H) of section 961
119.03 of the Revised Code. "Rule-making agency" includes the 962
public utilities commission. "Rule-making agency" does not include 963
any state-supported college or university.964

       (J) "Substantive revision" means any addition to, elimination 965
from, or other change in a rule, an amendment of a rule, or a 966
rescission of a rule, whether of a substantive or procedural 967
nature, that changes any of the following:968

       (1) That which the rule, amendment, or rescission permits, 969
authorizes, regulates, requires, prohibits, penalizes, rewards, or 970
otherwise affects;971

       (2) The scope or application of the rule, amendment, or 972
rescission.973

       (K) "Internal management rule" means any rule, regulation, or 974
standard governing the day-to-day staff procedures and operations 975
within an agency.976

       Sec. 119.03.  In the adoption, amendment, or rescission of 977
any rule, an agency shall comply with the following procedure:978

       (A) Reasonable public notice shall be given in the register 979
of Ohio at least thirty days prior to the date set for a hearing, 980
in the form the agency determines. The agency shall file copies of 981
the public notice under division (B) of this section. (The agency 982
gives public notice in the register of Ohio when the public notice 983
is published in the register under that division.)984

       The public notice shall include:985

       (1) A statement of the agency's intention to consider 986
adopting, amending, or rescinding a rule;987

       (2) A synopsis of the proposed rule, amendment, or rule to be 988
rescinded or a general statement of the subject matter to which 989
the proposed rule, amendment, or rescission relates;990

       (3) A statement of the reason or purpose for adopting, 991
amending, or rescinding the rule;992

       (4) The date, time, and place of a hearing on the proposed 993
action, which shall be not earlier than the thirty-first nor later 994
than the fortieth day after the proposed rule, amendment, or 995
rescission is filed under division (B) of this section.996

       In addition to public notice given in the register of Ohio, 997
the agency may give whatever other notice it reasonably considers 998
necessary to ensure notice constructively is given to all persons 999
who are subject to or affected by the proposed rule, amendment, or 1000
rescission.1001

       The agency shall provide a copy of the public notice required 1002
under division (A) of this section to any person who requests it 1003
and pays a reasonable fee, not to exceed the cost of copying and 1004
mailing.1005

       (B) The full text of the proposed rule, amendment, or rule to 1006
be rescinded, accompanied by the public notice required under 1007
division (A) of this section, shall be filed in electronic form 1008
with the secretary of state and with the director of the 1009
legislative service commission. (If in compliance with this 1010
division an agency files more than one proposed rule, amendment, 1011
or rescission at the same time, and has prepared a public notice 1012
under division (A) of this section that applies to more than one 1013
of the proposed rules, amendments, or rescissions, the agency 1014
shall file only one notice with the secretary of state and with 1015
the director for all of the proposed rules, amendments, or 1016
rescissions to which the notice applies.) The proposed rule, 1017
amendment, or rescission and public notice shall be filed as 1018
required by this division at least sixty-five days prior to the 1019
date on which the agency, in accordance with division (D)(E) of 1020
this section, issues an order adopting the proposed rule, 1021
amendment, or rescission.1022

       If the proposed rule, amendment, or rescission incorporates a 1023
text or other material by reference, the agency shall comply with 1024
sections 121.71 to 121.76 of the Revised Code.1025

       The proposed rule, amendment, or rescission shall be 1026
available for at least thirty days prior to the date of the 1027
hearing at the office of the agency in printed or other legible 1028
form without charge to any person affected by the proposal. 1029
Failure to furnish such text to any person requesting it shall not 1030
invalidate any action of the agency in connection therewith.1031

       If the agency files a substantive revision in the text of the 1032
proposed rule, amendment, or rescission under division (H) of this 1033
section, it shall also promptly file the full text of the proposed 1034
rule, amendment, or rescission in its revised form in electronic 1035
form with the secretary of state and with the director of the 1036
legislative service commission.1037

       The agency shall file the rule summary and fiscal analysis 1038
prepared under section 127.18 of the Revised Code in electronic 1039
form along with a proposed rule, amendment, or rescission or 1040
proposed rule, amendment, or rescission in revised form that is 1041
filed with the secretary of state or the director of the 1042
legislative service commission.1043

       The agency shall file the hearing report relating to a 1044
proposed rule, amendment, or rescission in electronic form along 1045
with the proposed rule, amendment, or rescission if the hearing 1046
report is available when the proposed rule, amendment, or 1047
rescission is filed with the secretary of state or the director of 1048
the legislative service commission under this division.1049

       The director of the legislative service commission shall 1050
publish in the register of Ohio the full text of the original and 1051
each revised version of a proposed rule, amendment, or rescission; 1052
the full text of a public notice; and the full text of a rule 1053
summary and fiscal analysis; and the full text of a hearing report1054
that is filed with the director under this division.1055

       (C) When an agency files a proposed rule, amendment, or 1056
rescission under division (B) of this section, it also shall file 1057
in electronic form with the joint committee on agency rule review 1058
the full text of the proposed rule, amendment, or rule to be 1059
rescinded in the same form and the public notice required under 1060
division (A) of this section. (If in compliance with this division 1061
an agency files more than one proposed rule, amendment, or 1062
rescission at the same time, and has given a public notice under 1063
division (A) of this section that applies to more than one of the 1064
proposed rules, amendments, or rescissions, the agency shall file 1065
only one notice with the joint committee for all of the proposed 1066
rules, amendments, or rescissions to which the notice applies.) 1067
The proposed rule, amendment, or rescission is subject to 1068
legislative review and invalidation under sections 106.02, 1069
106.021, and 106.022 of the Revised Code. If the agency makes a 1070
revision in a proposed rule, amendment, or rescission after it is 1071
filed with the joint committee, the agency promptly shall file the 1072
full text of the proposed rule, amendment, or rescission in its 1073
revised form in electronic form with the joint committee.1074

        An agency shall file the rule summary and fiscal analysis 1075
prepared under section 127.18 of the Revised Code in electronic 1076
form along with a proposed rule, amendment, or rescission, and 1077
along with a proposed rule, amendment, or rescission in revised 1078
form, that is filed under this division.1079

        If a proposed rule, amendment, or rescission has an adverse 1080
impact on businesses, the agency also shall file the business 1081
impact analysis, any recommendations received from the common 1082
sense initiative office, and the agency's memorandum of response, 1083
if any, in electronic form along with the proposed rule, 1084
amendment, or rescission, or along with the proposed rule, 1085
amendment, or rescission in revised form, that is filed under this 1086
division.1087

        If the hearing report is available when the proposed rule, 1088
amendment, or rescission is filed, or when the hearing report 1089
later becomes available, the agency shall file the hearing report 1090
in electronic form with the joint committee along with the 1091
proposed rule, amendment, or rescission or at a later time with 1092
reference to the proposed rule, amendment, or rescission. (The 1093
later filing of a hearing report does not constitute a revision of 1094
the proposed rule, amendment, or rescission to which the hearing 1095
report relates.) If the hearing report is later filed, the joint 1096
committee shall transmit a copy of the hearing report in 1097
electronic form to the director of the legislative service 1098
commission. The director shall publish the hearing report in the 1099
register of Ohio.1100

       A proposed rule, amendment, or rescission that is subject to 1101
legislative review under this division may not be adopted under 1102
division (E) of this section or filed in final form under section 1103
119.04 of the Revised Code unless the proposed rule, amendment, or 1104
rescission has been filed with the joint committee on agency rule 1105
review under this division and the time for the joint committee to 1106
review the proposed rule, amendment, or rescission has expired 1107
without recommendation of a concurrent resolution to invalidate 1108
the proposed rule, amendment, or rescission.1109

       This division does not apply to:1110

       (1) An emergency rule, amendment, or rescission;1111

       (2) A proposed rule, amendment, or rescission that must be 1112
adopted verbatim by an agency pursuant to federal law or rule, to 1113
become effective within sixty days of adoption, in order to 1114
continue the operation of a federally reimbursed program in this 1115
state, so long as the proposed rule contains both of the 1116
following:1117

       (a) A statement that it is proposed for the purpose of 1118
complying with a federal law or rule;1119

       (b) A citation to the federal law or rule that requires 1120
verbatim compliance.1121

       If a rule or amendment is exempt from legislative review 1122
under division (C)(2) of this section, and if the federal law or 1123
rule pursuant to which the rule or amendment was adopted expires, 1124
is repealed or rescinded, or otherwise terminates, the rule or 1125
amendment, or its rescission, is thereafter subject to legislative 1126
review under division (C) of this section.1127

       (D) On the date and at the time and place designated in the 1128
notice, the agency shall conduct a public hearing at which any 1129
person affected by the proposed action of the agency may appear 1130
and be heard in person, by the person's attorney, or both, may 1131
present the person's position, arguments, or contentions, orally 1132
or in writing, offer and examine witnesses, and present evidence 1133
tending to show that the proposed rule, amendment, or rescission, 1134
if adopted or effectuated, will be unreasonable or unlawful. An 1135
agency may permit persons affected by the proposed rule, 1136
amendment, or rescission to present their positions, arguments, or 1137
contentions in writing, not only at the hearing, but also for a 1138
reasonable period before, after, or both before and after the 1139
hearing. A person who presents a position or arguments or 1140
contentions in writing before or after the hearing is not required 1141
to appear at the hearing.1142

       At the hearing, the testimony shall be recorded. Such record 1143
shall be made at the expense of the agency. The agency is required 1144
to transcribe a record that is not sight readable only if a person 1145
requests transcription of all or part of the record and agrees to 1146
reimburse the agency for the costs of the transcription. An agency 1147
may require the person to pay in advance all or part of the cost 1148
of the transcription.1149

       In any hearing under this section the agency may administer 1150
oaths or affirmations.1151

       The agency shall consider the positions, arguments, or 1152
contentions presented at, or before or after, the hearing. The 1153
agency shall prepare a hearing summary of the positions, 1154
arguments, or contentions, and of the issues raised by the 1155
positions, arguments, or contentions. The agency then shall 1156
prepare a hearing report explaining, with regard to each issue, 1157
how it is reflected in the rule, amendment, or rescission. If an 1158
issue is not reflected in the rule, amendment, or rescission, the 1159
hearing report shall explain why the issue is not reflected. The 1160
agency shall include the hearing summary in the hearing report as 1161
an appendix thereto. And, in the hearing report, the agency shall 1162
identify the proposed rule, amendment, or rescission to which the 1163
hearing report relates.1164

       (D)(E) After complying with divisions (A), (B), (C), and 1165
(H)(D) of this section have been complied with, and when the time 1166
for legislative review and invalidation under division (I) of this 1167
sectionsections 106.02, 106.022, and 106.023 of the Revised Code1168
has expired without recommendation of a concurrent resolution to 1169
invalidate the proposed rule, amendment, or rescission, the agency 1170
may issue an order adopting the proposed rule or the proposed 1171
amendment or rescission of the rule, consistent with the synopsis 1172
or general statement included in the public notice. At that time 1173
the agency shall designate the effective date of the rule, 1174
amendment, or rescission, which shall not be earlier than the 1175
tenth day after the rule, amendment, or rescission has been filed 1176
in its final form as provided in section 119.04 of the Revised 1177
Code.1178

       (E)(F) Prior to the effective date of a rule, amendment, or 1179
rescission, the agency shall make a reasonable effort to inform 1180
those affected by the rule, amendment, or rescission and to have 1181
available for distribution to those requesting it the full text of 1182
the rule as adopted or as amended.1183

       (F)(G) If the governor, upon the request of an agency, 1184
determines that an emergency requires the immediate adoption, 1185
amendment, or rescission of a rule, the governor shall issue an 1186
order, the text of which shall be filed in electronic form with 1187
the agency, the secretary of state, the director of the 1188
legislative service commission, and the joint committee on agency 1189
rule review, that the procedure prescribed by this section with 1190
respect to the adoption, amendment, or rescission of a specified 1191
rule is suspended. The agency may then adopt immediately the 1192
emergency rule, amendment, or rescission and it becomes effective 1193
on the date the rule, amendment, or rescission, in final form and 1194
in compliance with division (A)(2) of section 119.04 of the 1195
Revised Code, is filed in electronic form with the secretary of 1196
state, the director of the legislative service commission, and the 1197
joint committee on agency rule review. If all filings are not 1198
completed on the same day, the emergency rule, amendment, or 1199
rescission shall be effective on the day on which the latest 1200
filing is completed. The director shall publish the full text of 1201
the emergency rule, amendment, or rescission in the register of 1202
Ohio.1203

       The emergency rule, amendment, or rescission shall become 1204
invalid at the end of the ninetiethone hundred twentieth day it 1205
is in effect. Prior to that date the agency may adopt the 1206
emergency rule, amendment, or rescission as a nonemergency rule, 1207
amendment, or rescission by complying with the procedure 1208
prescribed by this section for the adoption, amendment, and 1209
rescission of nonemergency rules. The agency shall not use the 1210
procedure of this division to readopt the emergency rule, 1211
amendment, or rescission so that, upon the emergency rule, 1212
amendment, or rescission becoming invalid under this division, the 1213
emergency rule, amendment, or rescission will continue in effect 1214
without interruption for another ninety-dayone hundred twenty-day1215
period, except when division (I)(2)(a) of this section 106.02 of 1216
the Revised Code prevents the agency from adopting the emergency 1217
rule, amendment, or rescission as a nonemergency rule, amendment, 1218
or rescission within the ninety-dayone hundred twenty-day period.1219

       This division does not apply to the adoption of any emergency 1220
rule, amendment, or rescission by the tax commissioner under 1221
division (C)(2) of section 5117.02 of the Revised Code.1222

       (G)(H) Rules adopted by an authority within the department of 1223
job and family services for the administration or enforcement of 1224
Chapter 4141. of the Revised Code or of the department of taxation 1225
shall be effective without a hearing as provided by this section 1226
if the statutes pertaining to such agency specifically give a 1227
right of appeal to the board of tax appeals or to a higher 1228
authority within the agency or to a court, and also give the 1229
appellant a right to a hearing on such appeal. This division does 1230
not apply to the adoption of any rule, amendment, or rescission by 1231
the tax commissioner under division (C)(1) or (2) of section 1232
5117.02 of the Revised Code, or deny the right to file an action 1233
for declaratory judgment as provided in Chapter 2721. of the 1234
Revised Code from the decision of the board of tax appeals or of 1235
the higher authority within such agency.1236

       (H) When any agency files a proposed rule, amendment, or 1237
rescission under division (B) of this section, it shall also file 1238
in electronic form with the joint committee on agency rule review 1239
the full text of the proposed rule, amendment, or rule to be 1240
rescinded in the same form and the public notice required under 1241
division (A) of this section. (If in compliance with this division 1242
an agency files more than one proposed rule, amendment, or 1243
rescission at the same time, and has given a public notice under 1244
division (A) of this section that applies to more than one of the 1245
proposed rules, amendments, or rescissions, the agency shall file 1246
only one notice with the joint committee for all of the proposed 1247
rules, amendments, or rescissions to which the notice applies.) If 1248
the agency makes a substantive revision in a proposed rule, 1249
amendment, or rescission after it is filed with the joint 1250
committee, the agency shall promptly file the full text of the 1251
proposed rule, amendment, or rescission in its revised form in 1252
electronic form with the joint committee. The latest version of a 1253
proposed rule, amendment, or rescission as filed with the joint 1254
committee supersedes each earlier version of the text of the same 1255
proposed rule, amendment, or rescission. An agency shall file the 1256
rule summary and fiscal analysis prepared under section 127.18 of 1257
the Revised Code in electronic form along with a proposed rule, 1258
amendment, or rescission, and along with a proposed rule, 1259
amendment, or rescission in revised form, that is filed under this 1260
division. If a proposed rule, amendment, or rescission has an 1261
adverse impact on businesses, the agency also shall file the 1262
business impact analysis, any recommendations received from the 1263
common sense initiative office, and the agency's memorandum of 1264
response, if any, in electronic form along with the proposed rule, 1265
amendment, or rescission, or along with the proposed rule, 1266
amendment, or rescission in revised form, that is filed under this 1267
division.1268

       This division does not apply to:1269

       (1) An emergency rule, amendment, or rescission;1270

       (2) Any proposed rule, amendment, or rescission that must be 1271
adopted verbatim by an agency pursuant to federal law or rule, to 1272
become effective within sixty days of adoption, in order to 1273
continue the operation of a federally reimbursed program in this 1274
state, so long as the proposed rule contains both of the 1275
following:1276

       (a) A statement that it is proposed for the purpose of 1277
complying with a federal law or rule;1278

       (b) A citation to the federal law or rule that requires 1279
verbatim compliance.1280

       If a rule or amendment is exempt from legislative review 1281
under division (H)(2) of this section, and if the federal law or 1282
rule pursuant to which the rule or amendment was adopted expires, 1283
is repealed or rescinded, or otherwise terminates, the rule or 1284
amendment, or its rescission, is thereafter subject to legislative 1285
review under division (H) of this section.1286

       (I)(1) The joint committee on agency rule review may 1287
recommend the adoption of a concurrent resolution invalidating a 1288
proposed rule, amendment, rescission, or part thereof if it finds 1289
any of the following:1290

       (a) That the rule-making agency has exceeded the scope of its 1291
statutory authority in proposing the rule, amendment, or 1292
rescission;1293

       (b) That the proposed rule, amendment, or rescission 1294
conflicts with another rule, amendment, or rescission adopted by 1295
the same or a different rule-making agency;1296

       (c) That the proposed rule, amendment, or rescission 1297
conflicts with the legislative intent in enacting the statute 1298
under which the rule-making agency proposed the rule, amendment, 1299
or rescission;1300

       (d) That the rule-making agency has failed to prepare a 1301
complete and accurate rule summary and fiscal analysis of the 1302
proposed rule, amendment, or rescission as required by section 1303
127.18 of the Revised Code;1304

       (e) That the proposed rule, amendment, or rescission 1305
incorporates a text or other material by reference and either the 1306
rule-making agency has failed to file the text or other material 1307
incorporated by reference as required by section 121.73 of the 1308
Revised Code or, in the case of a proposed rule or amendment, the 1309
incorporation by reference fails to meet the standards stated in 1310
section 121.72, 121.75, or 121.76 of the Revised Code;1311

       (f) That the rule-making agency has failed to demonstrate 1312
through the business impact analysis, recommendations from the 1313
common sense initiative office, and the memorandum of response the 1314
agency has filed under division (H) of this section that the 1315
regulatory intent of the proposed rule, amendment, or rescission 1316
justifies its adverse impact on businesses in this state.1317

       The joint committee shall not hold its public hearing on a 1318
proposed rule, amendment, or rescission earlier than the 1319
forty-first day after the original version of the proposed rule, 1320
amendment, or rescission was filed with the joint committee.1321

       The house of representatives and senate may adopt a 1322
concurrent resolution invalidating a proposed rule, amendment, 1323
rescission, or part thereof. The concurrent resolution shall state 1324
which of the specific rules, amendments, rescissions, or parts 1325
thereof are invalidated. A concurrent resolution invalidating a 1326
proposed rule, amendment, or rescission shall be adopted not later 1327
than the sixty-fifth day after the original version of the text of 1328
the proposed rule, amendment, or rescission is filed with the 1329
joint committee, except that if more than thirty-five days after 1330
the original version is filed the rule-making agency either files 1331
a revised version of the text of the proposed rule, amendment, or 1332
rescission, or revises the rule summary and fiscal analysis in 1333
accordance with division (I)(4) of this section, a concurrent 1334
resolution invalidating the proposed rule, amendment, or 1335
rescission shall be adopted not later than the thirtieth day after 1336
the revised version of the proposed rule or rule summary and 1337
fiscal analysis is filed. If, after the joint committee on agency 1338
rule review recommends the adoption of a concurrent resolution 1339
invalidating a proposed rule, amendment, rescission, or part 1340
thereof, the house of representatives or senate does not, within 1341
the time remaining for adoption of the concurrent resolution, hold 1342
five floor sessions at which its journal records a roll call vote 1343
disclosing a sufficient number of members in attendance to pass a 1344
bill, the time within which that house may adopt the concurrent 1345
resolution is extended until it has held five such floor sessions.1346

       Within five days after the adoption of a concurrent 1347
resolution invalidating a proposed rule, amendment, rescission, or 1348
part thereof, the clerk of the senate shall send the rule-making 1349
agency, the secretary of state, and the director of the 1350
legislative service commission in electronic form a certified text 1351
of the resolution together with a certification stating the date 1352
on which the resolution takes effect. The secretary of state and 1353
the director of the legislative service commission shall each note 1354
the invalidity of the proposed rule, amendment, rescission, or 1355
part thereof, and shall each remove the invalid proposed rule, 1356
amendment, rescission, or part thereof from the file of proposed 1357
rules. The rule-making agency shall not proceed to adopt in 1358
accordance with division (D) of this section, or to file in 1359
accordance with division (B)(1) of section 111.15 of the Revised 1360
Code, any version of a proposed rule, amendment, rescission, or 1361
part thereof that has been invalidated by concurrent resolution.1362

       Unless the house of representatives and senate adopt a 1363
concurrent resolution invalidating a proposed rule, amendment, 1364
rescission, or part thereof within the time specified by this 1365
division, the rule-making agency may proceed to adopt in 1366
accordance with division (D) of this section, or to file in 1367
accordance with division (B)(1) of section 111.15 of the Revised 1368
Code, the latest version of the proposed rule, amendment, or 1369
rescission as filed with the joint committee. If by concurrent 1370
resolution certain of the rules, amendments, rescissions, or parts 1371
thereof are specifically invalidated, the rule-making agency may 1372
proceed to adopt, in accordance with division (D) of this section, 1373
or to file in accordance with division (B)(1) of section 111.15 of 1374
the Revised Code, the latest version of the proposed rules, 1375
amendments, rescissions, or parts thereof as filed with the joint 1376
committee that are not specifically invalidated. The rule-making 1377
agency may not revise or amend any proposed rule, amendment, 1378
rescission, or part thereof that has not been invalidated except 1379
as provided in this chapter or in section 111.15 of the Revised 1380
Code.1381

       (2)(a) A proposed rule, amendment, or rescission that is 1382
filed with the joint committee under division (H) of this section 1383
or division (D) of section 111.15 of the Revised Code shall be 1384
carried over for legislative review to the next succeeding regular 1385
session of the general assembly if the original or any revised 1386
version of the proposed rule, amendment, or rescission is filed 1387
with the joint committee on or after the first day of December of 1388
any year.1389

       (b) The latest version of any proposed rule, amendment, or 1390
rescission that is subject to division (I)(2)(a) of this section, 1391
as filed with the joint committee, is subject to legislative 1392
review and invalidation in the next succeeding regular session of 1393
the general assembly in the same manner as if it were the original 1394
version of a proposed rule, amendment, or rescission that had been 1395
filed with the joint committee for the first time on the first day 1396
of the session. A rule-making agency shall not adopt in accordance 1397
with division (D) of this section, or file in accordance with 1398
division (B)(1) of section 111.15 of the Revised Code, any version 1399
of a proposed rule, amendment, or rescission that is subject to 1400
division (I)(2)(a) of this section until the time for legislative 1401
review and invalidation, as contemplated by division (I)(2)(b) of 1402
this section, has expired.1403

       (3) Invalidation of any version of a proposed rule, 1404
amendment, rescission, or part thereof by concurrent resolution 1405
shall prevent the rule-making agency from instituting or 1406
continuing proceedings to adopt any version of the same proposed 1407
rule, amendment, rescission, or part thereof for the duration of 1408
the general assembly that invalidated the proposed rule, 1409
amendment, rescission, or part thereof unless the same general 1410
assembly adopts a concurrent resolution permitting the rule-making 1411
agency to institute or continue such proceedings.1412

       The failure of the general assembly to invalidate a proposed 1413
rule, amendment, rescission, or part thereof under this section 1414
shall not be construed as a ratification of the lawfulness or 1415
reasonableness of the proposed rule, amendment, rescission, or any 1416
part thereof or of the validity of the procedure by which the 1417
proposed rule, amendment, rescission, or any part thereof was 1418
proposed or adopted.1419

       (4) In lieu of recommending a concurrent resolution to 1420
invalidate a proposed rule, amendment, rescission, or part thereof 1421
because the rule-making agency has failed to prepare a complete 1422
and accurate fiscal analysis, the joint committee on agency rule 1423
review may issue, on a one-time basis, for rules, amendments, 1424
rescissions, or parts thereof that have a fiscal effect on school 1425
districts, counties, townships, or municipal corporations, a 1426
finding that the rule summary and fiscal analysis is incomplete or 1427
inaccurate and order the rule-making agency to revise the rule 1428
summary and fiscal analysis and refile it with the proposed rule, 1429
amendment, rescission, or part thereof. If an emergency rule is 1430
filed as a nonemergency rule before the end of the ninetieth day 1431
of the emergency rule's effectiveness, and the joint committee 1432
issues a finding and orders the rule-making agency to refile under 1433
division (I)(4) of this section, the governor may also issue an 1434
order stating that the emergency rule shall remain in effect for 1435
an additional sixty days after the ninetieth day of the emergency 1436
rule's effectiveness. The governor's orders shall be filed in 1437
accordance with division (F) of this section. The joint committee 1438
shall send in electronic form to the rule-making agency, the 1439
secretary of state, and the director of the legislative service 1440
commission a certified text of the finding and order to revise the 1441
rule summary and fiscal analysis, which shall take immediate 1442
effect.1443

       An order issued under division (I)(4) of this section shall 1444
prevent the rule-making agency from instituting or continuing 1445
proceedings to adopt any version of the proposed rule, amendment, 1446
rescission, or part thereof until the rule-making agency revises 1447
the rule summary and fiscal analysis and refiles it in electronic 1448
form with the joint committee along with the proposed rule, 1449
amendment, rescission, or part thereof. If the joint committee 1450
finds the rule summary and fiscal analysis to be complete and 1451
accurate, the joint committee shall issue a new order noting that 1452
the rule-making agency has revised and refiled a complete and 1453
accurate rule summary and fiscal analysis. The joint committee 1454
shall send in electronic form to the rule-making agency, the 1455
secretary of state, and the director of the legislative service 1456
commission a certified text of this new order. The secretary of 1457
state and the director of the legislative service commission shall 1458
each link this order to the proposed rule, amendment, rescission, 1459
or part thereof. The rule-making agency may then proceed to adopt 1460
in accordance with division (D) of this section, or to file in 1461
accordance with division (B)(1) of section 111.15 of the Revised 1462
Code, the proposed rule, amendment, rescission, or part thereof 1463
that was subject to the finding and order under division (I)(4) of 1464
this section. If the joint committee determines that the revised 1465
rule summary and fiscal analysis is still inaccurate or 1466
incomplete, the joint committee shall recommend the adoption of a 1467
concurrent resolution in accordance with division (I)(1) of this 1468
section.1469

       Sec. 119.04.  (A)(1) Any rule adopted by any agency shall be 1470
effective on the tenth day after the day on which the rule in 1471
final form and in compliance with division (A)(2) of this section 1472
is filed as follows:1473

       (a) The rule shall be filed in electronic form with both the 1474
secretary of state and the director of the legislative service 1475
commission;1476

       (b) The rule shall be filed in electronic form with the joint 1477
committee on agency rule review. Division (A)(1)(b) of this 1478
section does not apply to any rule to which division (H)(C) of 1479
section 119.03 of the Revised Code does not apply.1480

       If all filings are not completed on the same day, the rule 1481
shall be effective on the tenth day after the day on which the 1482
latest filing is completed. If an agency in adopting a rule 1483
designates an effective date that is later than the effective date 1484
provided for by this division, the rule if filed as required by 1485
this division shall become effective on the later date designated 1486
by the agency.1487

       An agency that adopts or amends a rule that is subject to1488
division (H) of section 119.03106.03 of the Revised Code shall 1489
assign a review date to the rule that is not later than five years 1490
after its effective date. If no review date is assigned to a rule, 1491
or if a review date assigned to a rule exceeds the five-year 1492
maximum, the review date for the rule is five years after its 1493
effective date. A rule with a review date is subject to review 1494
under section 119.032106.03 of the Revised Code. This paragraph 1495
does not apply to the department of taxation.1496

       (2) The agency shall file the rule in compliance with the 1497
following standards and procedures:1498

       (a) The rule shall be numbered in accordance with the 1499
numbering system devised by the director for the Ohio 1500
administrative code.1501

       (b) The rule shall be prepared and submitted in compliance 1502
with the rules of the legislative service commission.1503

       (c) The rule shall clearly state the date on which it is to 1504
be effective and the date on which it will expire, if known.1505

       (d) Each rule that amends or rescinds another rule shall 1506
clearly refer to the rule that is amended or rescinded. Each 1507
amendment shall fully restate the rule as amended.1508

       If the director of the legislative service commission or the 1509
director's designee gives an agency notice pursuant to section 1510
103.05 of the Revised Code that a rule filed by the agency is not 1511
in compliance with the rules of the commission, the agency shall 1512
within thirty days after receipt of the notice conform the rule to 1513
the rules of the commission as directed in the notice.1514

       (3) As used in this section, "rule" includes an amendment or 1515
rescission of a rule.1516

       (B) The secretary of state and the director shall preserve 1517
the rules filed under division (A)(1)(a) of this section in an 1518
accessible manner. Each such rule shall be a public record open to 1519
public inspection and may be transmitted to any law publishing 1520
company that wishes to reproduce it.1521

       Any rule that has been adopted in compliance with section 1522
119.03 of the Revised Code and that is in effect before January 1, 1523
1977, may be divided into sections, numbered, provided with a 1524
subject heading, and filed with the secretary of state and the 1525
director to comply with the provisions of this section without 1526
carrying out the adoption procedure required by section 119.03 of 1527
the Revised Code. The codification of existing rules to comply 1528
with this section shall not constitute adoption, amendment, or 1529
rescission.1530

       Sec. 121.39.  (A) As used in this section, "environmental 1531
protection" means any of the following:1532

       (1) Protection of human health or safety, biological 1533
resources, or natural resources by preventing, reducing, or 1534
remediating the pollution or degradation of air, land, or water 1535
resources or by preventing or limiting the exposure of humans, 1536
animals, or plants to pollution;1537

       (2) Appropriation or regulation of privately owned property 1538
to preserve air, land, or water resources in a natural state or to 1539
wholly or partially restore them to a natural state;1540

       (3) Regulation of the collection, management, treatment, 1541
reduction, storage, or disposal of solid, hazardous, radioactive, 1542
or other wastes;1543

       (4) Plans or programs to promote or regulate the 1544
conservation, recycling, or reuse of energy, materials, or wastes.1545

       (B) Except as otherwise provided in division (E) of this 1546
section, when proposed legislation dealing with environmental 1547
protection or containing a component dealing with environmental 1548
protection is referred to a committee of the general assembly, 1549
other than a committee on rules or reference, the sponsor of the 1550
legislation, at the time of the first hearing of the legislation 1551
before the committee, shall submit to the members of the committee 1552
a written statement identifying either the documentation that is 1553
the basis of the legislation or the federal requirement or 1554
requirements with which the legislation is intended to comply. If 1555
the legislation is not based on documentation or has not been 1556
introduced to comply with a federal requirement or requirements, 1557
the written statement from the sponsor shall so indicate.1558

       Also at the time of the first hearing of the legislation 1559
before the committee, a statewide organization that represents 1560
businesses in this state and that elects its board of directors 1561
may submit to the members of the committee a written estimate of 1562
the costs to the regulated community in this state of complying 1563
with the legislation if it is enacted.1564

       At any hearing of the legislation before the committee, a 1565
representative of any state agency, environmental advocacy 1566
organization, or consumer advocacy organization or any private 1567
citizen may present documentation containing an estimate of the 1568
monetary and other costs to public health and safety and the 1569
environment and to consumers and residential utility customers, 1570
and the effects on property values, if the legislation is not 1571
enacted.1572

       (C) Until such time as the statement required under division 1573
(B) of this section is submitted to the committee to which 1574
proposed legislation dealing with environmental protection or 1575
containing a component dealing with environmental protection was 1576
referred, the legislation shall not be reported by that committee. 1577
This requirement does not apply if the component dealing with 1578
environmental protection is removed from the legislation or if 1579
two-thirds of the members of the committee vote in favor of a 1580
motion to report the proposed legislation.1581

       (D) Except as otherwise provided in division (E) of this 1582
section, prior to adopting a rule or an amendment proposed to a 1583
rule dealing with environmental protection or containing a 1584
component dealing with environmental protection, a state agency 1585
shall do all of the following:1586

       (1) Consult with organizations that represent political 1587
subdivisions, environmental interests, business interests, and 1588
other persons affected by the proposed rule or amendment;1589

       (2) Consider documentation relevant to the need for, the 1590
environmental benefits or consequences of, other benefits of, and 1591
the technological feasibility of the proposed rule or amendment;1592

       (3) Specifically identify whether the proposed rule or 1593
amendment is being adopted or amended to enable the state to 1594
obtain or maintain approval to administer and enforce a federal 1595
environmental law or to participate in a federal environmental 1596
program, whether the proposed rule or amendment is more stringent 1597
than its federal counterpart, and, if the proposed rule or 1598
amendment is more stringent, the rationale for not incorporating 1599
its federal counterpart;1600

       (4) Include with the proposed rule or amendment and the rule 1601
summary and fiscal analysis required under section 127.18 of the 1602
Revised Code, when they are filed with the joint committee on 1603
agency rule review in accordance with division (D) of section 1604
111.15 or division (H)(C) of section 119.03 of the Revised Code, 1605
one of the following in electronic form, as applicable:1606

       (a) The information identified under division (D)(3) of this 1607
section and, if the proposed rule or amendment is more stringent 1608
than its federal counterpart, as identified in that division, the 1609
documentation considered under division (D)(2) of this section;1610

       (b) If an amendment proposed to a rule is being adopted or 1611
amended under a state statute that establishes standards with 1612
which the amendment shall comply, and the proposed amendment is 1613
more stringent than the rule that it is proposing to amend, the 1614
documentation considered under division (D)(2) of this section;1615

       (c) If division (D)(4)(a) or (b) of this section is not 1616
applicable, the documentation considered under division (D)(2) of 1617
this section.1618

       If the agency subsequently files a revision of such a 1619
proposed rule or amendment in accordance with division (D) of 1620
section 111.15 or division (H)(C) of section 119.03 of the Revised 1621
Code, the revision shall be accompanied in electronic form by the 1622
applicable information or documentation.1623

       Division (D) of this section does not apply to any emergency 1624
rule adopted under division (B)(2) of section 111.15 or division 1625
(F)(G) of section 119.03 of the Revised Code, but does apply to 1626
any such rule that subsequently is adopted as a nonemergency rule 1627
under either of those divisions.1628

       The information or documentation submitted under division 1629
(D)(4) of this section may be in the form of a summary or index of 1630
available knowledge or information and shall consist of or be 1631
based upon the best available generally accepted knowledge or 1632
information in the appropriate fields, as determined by the agency 1633
that prepared the documentation.1634

       (E) The statement required under division (B) and the 1635
information or documentation required under division (D) of this 1636
section need not be prepared or submitted with regard to a 1637
proposed statute or rule, or an amendment to a rule, if the 1638
statute, rule, or amendment is procedural or budgetary in nature, 1639
or governs the organization or operation of a state agency, and 1640
will not affect the substantive rights or obligations of any 1641
person other than a state agency or an employee or contractor of a 1642
state agency.1643

       (F) The insufficiency, incompleteness, or inadequacy of a 1644
statement, information, documentation, or a summary of information 1645
or documentation provided in accordance with division (B) or (D) 1646
of this section shall not be grounds for invalidation of any 1647
statute, rule, or amendment to a rule.1648

       (G) This section applies only to the following:1649

       (1) Legislation and components of legislation dealing with 1650
environmental protection that are introduced in the general 1651
assembly after March 5, 1996;1652

       (2) Rules and rule amendments dealing with environmental 1653
protection that are filed with the joint committee on agency rule 1654
review in accordance with division (D) of section 111.15 or 1655
division (H)(C) of section 119.03 of the Revised Code after March 1656
5, 1996.1657

       Sec. 121.73.  As used in this section, "rule" has the same 1658
meaning as in section 121.71 of the Revised Code and also includes 1659
the rescission of an existing rule.1660

       (A) When an agency files the original or a revised version of 1661
a rule in proposed form under division (D) of section 111.15 or 1662
division (H)(C) of section 119.03, or a rule for review under 1663
section 119.032106.03 of the Revised Code, that incorporates a 1664
text or other material by reference, the agency also shall file in 1665
electronic form, one complete and accurate copy of the text or 1666
other material incorporated by reference with the joint committee 1667
on agency rule review. An agency is not, however, required to file 1668
a text or other material incorporated by reference with the joint 1669
committee if the agency revises a rule in proposed form that 1670
incorporates a text or other material by reference and the 1671
incorporation by reference in the revised version of the rule is 1672
identical to the incorporation by reference in the preceding 1673
version of the rule.1674

       If it is infeasible for the agency to file a text or other 1675
material incorporated by reference electronically, the agency, as 1676
soon as possible, but not later than three days after completing 1677
the electronic filing, shall deliver one complete and accurate 1678
copy of the text or other material incorporated by reference to 1679
the joint committee, and shall attach a memorandum to the text or 1680
other material identifying the filing to which it relates.1681

       An agency is not required to file a text or other material 1682
incorporated by reference into a rule that is proposed for 1683
rescission if it is infeasible for the agency to do so.1684

       An agency shall not file a copy of a text or other material 1685
incorporated by reference with the secretary of state or with the 1686
director of the legislative service commission.1687

       (B) Upon completing its review of a rule in proposed form, or 1688
its review of a rule, that incorporates a text or other material 1689
by reference, the joint committee shall forward its copy of the 1690
text or other material incorporated by reference to the director 1691
of the legislative service commission. The director shall maintain 1692
a file of texts and other materials that are or were incorporated 1693
by reference into rules.1694

       Sec. 121.74. As used in this section, "rule" has the same 1695
meaning as in section 121.71 of the Revised Code and also includes 1696
the rescission of an existing rule.1697

       When an agency files a rule in final form under division 1698
(B)(1) of section 111.15,or division (A)(1) of section 119.04, 1699
division (B)(1) of section 4141.14, or division (A) of section 1700
5703.14 of the Revised Code that incorporates or incorporated a 1701
text or other material by reference, the agency, prior to the 1702
effective date of the rule, shall either:1703

       (A) Deposit one complete and accurate copy of the text or 1704
other material incorporated by reference in each of the five 1705
depository libraries designated by the state library board; or1706

       (B) Display a complete and accurate copy of the text or other 1707
material incorporated by reference on a web site maintained or 1708
made available by the agency.1709

       An agency is not required to comply with this section if the 1710
text or other material incorporated by reference is identical to a 1711
text or other material the agency, at the time compliance with 1712
this section otherwise would be required, already is depositing or 1713
displaying under this section.1714

       Sec. 121.81. As used in sections 121.81 to 121.83 of the 1715
Revised Code:1716

       (A) "Agency" means a state agency that is required to file 1717
proposed rules for legislative review under division (D) of 1718
section 111.15 or division (H)(C) of section 119.03 of the Revised 1719
Code. "Agency" does not include the offices of governor, 1720
lieutenant governor, auditor of state, secretary of state, 1721
treasurer of state, or attorney general.1722

       (B) "Draft rule" means any newly proposed rule and any 1723
proposed amendment, adoption, or rescission of a rule prior to the 1724
filing of that rule for legislative review under division (D) of 1725
section 111.15 or division (H)(C) of section 119.03 of the Revised 1726
Code and includes a proposed amendment, adoption, or rescission of 1727
a rule in both its original and any revised form. "Draft rule" 1728
does not include an emergency rule adopted under division (B)(2) 1729
of section 111.15 or division (F)(G) of section 119.03 of the 1730
Revised Code, but does include a rule that is proposed to replace 1731
an emergency rule that expires under those divisions.1732

       Sections 121.81 to 121.83 and 121.91 of the Revised Code are 1733
complementary to sections 107.51 to 107.55 and 107.61 to 107.63 of 1734
the Revised Code.1735

       Sec. 121.811. The offices of the governor, lieutenant 1736
governor, auditor of state, secretary of state, treasurer of 1737
state, and attorney general shall comply with the business review 1738
provisions of sections 106.03 and 106.031 and 121.81 to 121.83 of 1739
the Revised Code, but are not required to submit any document to 1740
the common sense initiative office or to prepare any document that 1741
would have been prepared in response to recommendations of the 1742
common sense initiative office, but rather shall prepare all other 1743
documents required under the business review provisions and submit 1744
them directly to the joint committee on agency rule review along 1745
with the proposed or existing rule. The offices of the governor, 1746
lieutenant governor, auditor of state, secretary of state, 1747
treasurer of state, and attorney general are subject, however, to 1748
section 106.05 of the Revised Code.1749

       Sec. 121.82.  In the course of developing a draft rule that 1750
is intended to be proposed under division (D) of section 111.15 or 1751
division (H)(C) of section 119.03 of the Revised Code, an agency 1752
shall:1753

       (A) Evaluate the draft rule against the business impact 1754
analysis instrument. If, based on that evaluation, the draft rule 1755
will not have an adverse impact on businesses, the agency may 1756
proceed with the rule-filing process. If the evaluation determines 1757
that the draft rule will have an adverse impact on businesses, the 1758
agency shall incorporate features into the draft rule that will 1759
eliminate or adequately reduce any adverse impact the draft rule 1760
might have on businesses;1761

       (B) Prepare a business impact analysis that describes its 1762
evaluation of the draft rule against the business impact analysis 1763
instrument, that identifies any features that were incorporated 1764
into the draft rule as a result of the evaluation, and that 1765
explains how those features, if there were any, eliminate or 1766
adequately reduce any adverse impact the draft rule might have on 1767
businesses;1768

       (C) Transmit a copy of the full text of the draft rule and 1769
the business impact analysis electronically to the common sense 1770
initiative office, which information shall be made available to 1771
the public on the office's web site in accordance with section 1772
107.62 of the Revised Code;1773

       (D) Consider any recommendations made by the common sense 1774
initiative office with regard to the draft rule, and either 1775
incorporate into the draft rule features the recommendations 1776
suggest will eliminate or reduce any adverse impact the draft rule 1777
might have on businesses or document, in writing, the reasons 1778
those recommendations are not being incorporated into the draft 1779
rule; and1780

       (E) Prepare a memorandum of response identifying features 1781
suggested by any recommendations that were incorporated into the 1782
draft rule and features suggested by any recommendations that were 1783
not incorporated into the draft rule, explaining how the features 1784
that were incorporated into the draft rule eliminate or reduce any 1785
adverse impact the draft rule might have on businesses, and 1786
explaining why the features that were not incorporated into the 1787
draft rule were not incorporated.1788

       An agency may not file a proposed rule for legislative review 1789
under division (D) of section 111.15 or division (H)(C) of section 1790
119.03 of the Revised Code earlier than the sixteenth business day 1791
after electronically transmitting the draft rule to the common 1792
sense initiative office.1793

       Sec. 121.83.  (A) When an agency files a proposed rule for 1794
legislative review under division (D) of section 111.15 of the 1795
Revised Code or division (H) of section 119.03 of the Revised 1796
Code, the agency electronically shall file one copy of the 1797
business impact analysis, any recommendations received from the 1798
common sense initiative office, and the agency's memorandum of 1799
response, if any, along with the proposed rule.1800

       (B) The(1) Subject to section 106.05 of the Revised Code, 1801
the joint committee on agency rule review does not have 1802
jurisdiction to review, and shall reject, the filing of a proposed 1803
rule if, at any time while the proposed rule is in its possession, 1804
it discovers that the proposed rule might have an adverse impact 1805
on businesses and the agency has not included with the filing a 1806
business impact analysis or has included a business impact 1807
analysis that is inadequately prepared. The joint committee 1808
electronically shall return a filing that is rejected to the 1809
agency. Such a rejection does not preclude the agency from 1810
refiling the proposed rule after complying with section 121.82 of 1811
the Revised Code. When a filing is rejected under this division, 1812
it is as if the filing had not been made.1813

       (2) If the last previously filed version of a proposed rule, 1814
the filing of a later version of which has been rejected by the 1815
joint committee, remains in the possession of the joint committee, 1816
and if the time for legislative review of that previously filed 1817
version has expired, or if fewer than thirty days remain before 1818
the time for legislative review of that previously filed version 1819
expires, then the time for legislative review of that previously 1820
filed version is revived or extended, and recommendation of a 1821
concurrent resolution to invalidate that previously filed version 1822
may be adopted not later than the sixty-fifth day after the day on 1823
which the filing of the later version of the proposed rule was 1824
rejected. This deadline is subject to extension under section 1825
106.02 of the Revised Code.1826

       Sec. 121.91.  (A) Each state agency shall develop, and as it 1827
becomes necessary or advisable may improve, customer service 1828
standards for each employee of the agency whose duties include a 1829
significant level of contact with the public. The agency shall 1830
base the standards on the job descriptions of the positions that 1831
the employees hold in the agency. An agency is not required to 1832
adopt the standards by rule. A state agency that is created after 1833
the effective date of this amendment shall develop its initial 1834
customer service standards within six months after the effective 1835
date of the statute that creates the state agency.1836

       Each state agency shall reduce the standards to writing, and 1837
the standards shall be incorporated into employee policy manuals, 1838
job descriptions, and employee performance evaluations.1839

       The agency shall post its customer service standards, and any 1840
revisions therein, on its web site or, if the agency does not 1841
maintain a web site, on the state public notice web site.1842

        The common sense initiative office, upon the request of an 1843
agency, may review the agency's customer service standards and 1844
transmit any comments it has with regard to the standards to the 1845
agency.1846

       (B) The state agency, and its officers and employees, shall 1847
comply with the customer service performance standards that have 1848
been developed under division (A) of this section. A state 1849
agency's compliance with the standards shall be evaluated, by the 1850
director of budget and management and the committees of the senate 1851
and house of representatives having jurisdiction over the state 1852
operating budget, as part of the consideration of the state 1853
agency's biennial budget. (If the evaluation is of the office of 1854
budget and management, evaluation by the committees is 1855
sufficient.) An employee's compliance with the standards shall be 1856
evaluated as part of the employee's periodic performance reviews. 1857
A state agency's and employee's compliance with the standards may 1858
be evaluated as part of any performance audit of the state agency. 1859

       Sec. 127.18.  (A) As used in this section:1860

       (1) "Rule-making agencyAgency" has the same meaning as1861
defined in division (I) of section 119.01106.01 of the Revised 1862
Code.1863

       (2) "Rule" includes the adoption, amendment, or rescission of 1864
a rule.1865

       (3) "Proposed rule" means the original version of a proposed 1866
rule, and each revised version of the same proposed rule, that is 1867
filed with the joint committee on agency rule review under 1868
division (D) of section 111.15 or division (H)(C) of section 1869
119.03 of the Revised Code.1870

       (B) A rule-makingAn agency shall prepare, inon the form 1871
prescribeddesigned by the joint committee on agency rule review 1872
under division (E) of this section, a complete and accurate rule 1873
summary and fiscal analysis of each proposed rule that it files 1874
under division (D) of section 111.15 or division (H)(C) of 1875
section 119.03 of the Revised Code. The1876

       The joint committee on agency rule review shall design a form 1877
for the rule summary and fiscal analysis shall include all of. 1878
The form may solicit information such as the following 1879
information:1880

       (1) The name, address, and telephone number of the 1881
rule-making agency, and the name and, telephone number, and 1882
electronic mail address of an individual or office within the 1883
agency designated by that agency to be responsible for 1884
coordinating and making available information in the possession of 1885
the agency regarding the proposed rule;1886

       (2) The Ohio Administrative Code rule number of the proposed 1887
rule;1888

       (3) A brief summary of, and the legal basis for, the proposed 1889
rule, including citations identifying the statute that prescribes 1890
the procedure in accordance with which the rule-making agency is 1891
required to adopt the proposed rule, the statute that authorizes 1892
the agency to adopt the proposed rule, and the statute that the 1893
agency intends to amplify or implement by adopting the proposed 1894
rule;1895

       (4) An estimate, in dollars, of the amount by which the 1896
proposed rule would increase or decrease revenues or expenditures 1897
during the current biennium;1898

       (5) A citation identifying the appropriation that authorizes 1899
each expenditure that would be necessitated by the proposed rule;1900

       (6) A summary of the estimated cost of compliance with the 1901
rule to all directly affected persons;1902

       (7) The reasons why the rule is being proposed;1903

       (8) If the rule has a fiscal effect on school districts, 1904
counties, townships, or municipal corporations, an estimate in 1905
dollars of the cost of compliance with the rule, or, if dollar 1906
amounts cannot be determined, a written explanation of why it was 1907
not possible to ascertain dollar amounts;1908

       (9) If the rule has a fiscal effect on school districts, 1909
counties, townships, or municipal corporations and is the result 1910
of a federal requirement, a clear explanation that the proposed 1911
state rule does not exceed the scope and intent of the 1912
requirement, or, if the state rule does exceed the minimum 1913
necessary federal requirement, a justification of the excess cost, 1914
and an estimate of the costs, including those costs for local 1915
governments, exceeding the federal requirement;1916

       (10) If the rule has a fiscal effect on school districts, 1917
counties, townships, or municipal corporations, a comprehensive 1918
cost estimate that includes the procedure and method of 1919
calculating the costs of compliance and identifies major cost 1920
categories including personnel costs, new equipment or other 1921
capital costs, operating costs, and indirect central service costs 1922
related to the rule. The fiscal analysis shall also include a 1923
written explanation of the agency's and the affected local 1924
government's ability to pay for the new requirements and a 1925
statement of any impact the rule will have on economic 1926
development.1927

       (11) If the rule incorporates a text or other material by 1928
reference, and the agency claims the incorporation by reference is 1929
exempt from compliance with sections 121.71 to 121.74 of the 1930
Revised Code because the text or other material is generally 1931
available to persons who reasonably can be expected to be affected 1932
by the rule, an explanation of how the text or other material is 1933
generally available to those persons;1934

       (12) If the rule incorporates a text or other material by 1935
reference, and it was infeasible for the agency to file the text 1936
or other material electronically, an explanation of why filing the 1937
text or other material electronically was infeasible;1938

       (13) If the rule is being rescinded and incorporates a text 1939
or other material by reference, and it was infeasible for the 1940
agency to file the text or other material, an explanation of why 1941
filing the text or other material was infeasible;.1942

       (14) AnyThe rule summary and fiscal analysis form, instead 1943
of or in addition to the foregoing, may solicit any other 1944
information the joint committee on agency rule review considers 1945
necessary to make the proposed rule or the fiscal effect of the 1946
proposed rule fully understandable.1947

       (C) The rule-making agency shall file the rule summary and 1948
fiscal analysis in electronic form along with the proposed rule 1949
that it files under divisionsdivision (D) and (E) of section 1950
111.15 or divisions (B) and (H)(C) of section 119.03 of the 1951
Revised Code. The joint committee on agency rule review shall not 1952
accept any proposed rule for filing unless a copy of the rule 1953
summary and fiscal analysis of the proposed rule, completely and 1954
accurately prepared, is filed along with the proposed rule.1955

       (D) The joint committee on agency rule review shall review 1956
the fiscal effect of each proposed rule that is filed under 1957
division (D) of section 111.15 or division (H)(C) of section 1958
119.03 of the Revised Code.1959

       (E) The joint committee on agency rule review shall prescribe 1960
the form in which each rule-making agency shall prepare its rule 1961
summary and fiscal analysis of a proposed rule.1962

       Sec. 1531.08.  In conformity with Section 36 of Article II, 1963
Ohio Constitution, providing for the passage of laws for the 1964
conservation of the natural resources of the state, including 1965
streams, lakes, submerged lands, and swamplands, and in conformity 1966
with this chapter and Chapter 1533. of the Revised Code, the chief 1967
of the division of wildlife has authority and control in all 1968
matters pertaining to the protection, preservation, propagation, 1969
possession, and management of wild animals and may adopt rules 1970
under section 1531.10 of the Revised Code for the management of 1971
wild animals. Notwithstanding division (B) of section 119.03 of 1972
the Revised Code, such rules in proposed form shall be filed under 1973
this section. Each year there shall be a public fish hearing and 1974
public game hearing. The results of the investigation and public 1975
hearing shall be filed in the office of the chief and shall be 1976
kept open for public inspection during all regular office hours. 1977
Modifying or rescinding such rules does not require a public 1978
hearing.1979

       The chief may adopt, amend, rescind, and enforce rules 1980
throughout the state or in any part or waters thereof as provided 1981
by sections 1531.08 to 1531.12 and other sections of the Revised 1982
Code. The rules shall be filed in proposed form and available at 1983
the central wildlife office and at each of the wildlife district 1984
offices, including the Lake Erie unit located at Sandusky, at 1985
least thirty days prior to the date of the hearing required by 1986
division (C)(D) of section 119.03 of the Revised Code. The rules 1987
shall be based upon a public hearing and investigation of the best 1988
available biological information derived from professionally 1989
accepted practices in wildlife and fisheries management.1990

       Each rule adopted under this section shall clearly and 1991
distinctly describe and set forth the waters or area or part 1992
thereof affected by the rule and whether the rule is applicable to 1993
all wild animals or only to certain kinds of species designated 1994
therein.1995

       The chief may regulate any of the following:1996

       (A) Taking and possessing wild animals, at any time and place 1997
or in any number, quantity, or length, and in any manner, and with 1998
such devices as hethe chief prescribes;1999

       (B) Transportation of such animals or any part thereof;2000

       (C) Buying, selling, offering for sale, or exposing for sale 2001
any such animal or part thereof;2002

       (D) Taking, possessing, transporting, buying, selling, 2003
offering for sale, and exposing for sale commercial fish or any 2004
part thereof, including species taken, length, weight, method of 2005
taking, mesh sizes, specifications of nets and other fishing 2006
devices, seasons, and time and place of taking.2007

       When the chief increases the size of a fish named in section 2008
1533.63 of the Revised Code, any fish that were legally taken, 2009
caught, or possessed prior to the increase may be possessed after 2010
the increase if the possession of the fish has been reported to 2011
the chief prior to the increase, but on or after the date of the 2012
increase the fish may not be sold to a buyer in this state.2013

       Sec. 3319.22.  (A)(1) The state board of education shall 2014
issue the following educator licenses:2015

       (a) A resident educator license, which shall be valid for 2016
four years, except that the state board, on a case-by-case basis, 2017
may extend the license's duration as necessary to enable the 2018
license holder to complete the Ohio teacher residency program 2019
established under section 3319.223 of the Revised Code;2020

       (b) A professional educator license, which shall be valid for 2021
five years and shall be renewable;2022

       (c) A senior professional educator license, which shall be 2023
valid for five years and shall be renewable;2024

       (d) A lead professional educator license, which shall be 2025
valid for five years and shall be renewable.2026

       (2) The state board may issue any additional educator 2027
licenses of categories, types, and levels the board elects to 2028
provide. 2029

       (3) The state board shall adopt rules establishing the 2030
standards and requirements for obtaining each educator license 2031
issued under this section.2032

       (B) The rules adopted under this section shall require at 2033
least the following standards and qualifications for the educator 2034
licenses described in division (A)(1) of this section:2035

       (1) An applicant for a resident educator license shall hold 2036
at least a bachelor's degree from an accredited teacher 2037
preparation program or be a participant in the teach for America 2038
program and meet the qualifications required under section 2039
3319.227 of the Revised Code.2040

       (2) An applicant for a professional educator license shall:2041

       (a) Hold at least a bachelor's degree from an institution of 2042
higher education accredited by a regional accrediting 2043
organization;2044

       (b) Have successfully completed the Ohio teacher residency 2045
program established under section 3319.223 of the Revised Code, if 2046
the applicant's current or most recently issued license is a 2047
resident educator license issued under this section or an 2048
alternative resident educator license issued under section 3319.26 2049
of the Revised Code.2050

       (3) An applicant for a senior professional educator license 2051
shall:2052

       (a) Hold at least a master's degree from an institution of 2053
higher education accredited by a regional accrediting 2054
organization;2055

       (b) Have previously held a professional educator license 2056
issued under this section or section 3319.222 or under former 2057
section 3319.22 of the Revised Code;2058

       (c) Meet the criteria for the accomplished or distinguished 2059
level of performance, as described in the standards for teachers 2060
adopted by the state board under section 3319.61 of the Revised 2061
Code.2062

       (4) An applicant for a lead professional educator license 2063
shall:2064

       (a) Hold at least a master's degree from an institution of 2065
higher education accredited by a regional accrediting 2066
organization;2067

       (b) Have previously held a professional educator license or a 2068
senior professional educator license issued under this section or 2069
a professional educator license issued under section 3319.222 or 2070
former section 3319.22 of the Revised Code;2071

       (c) Meet the criteria for the distinguished level of 2072
performance, as described in the standards for teachers adopted by 2073
the state board under section 3319.61 of the Revised Code;2074

       (d) Either hold a valid certificate issued by the national 2075
board for professional teaching standards or meet the criteria for 2076
a master teacher or other criteria for a lead teacher adopted by 2077
the educator standards board under division (F)(4) or (5) of 2078
section 3319.61 of the Revised Code.2079

       (C) The state board shall align the standards and 2080
qualifications for obtaining a principal license with the 2081
standards for principals adopted by the state board under section 2082
3319.61 of the Revised Code. 2083

       (D) If the state board requires any examinations for educator 2084
licensure, the department of education shall provide the results 2085
of such examinations received by the department to the chancellor 2086
of the Ohio board of regents, in the manner and to the extent 2087
permitted by state and federal law.2088

       (E) Any rules the state board of education adopts, amends, or 2089
rescinds for educator licenses under this section, division (D) of 2090
section 3301.07 of the Revised Code, or any other law shall be 2091
adopted, amended, or rescinded under Chapter 119. of the Revised 2092
Code except as follows:2093

       (1) Notwithstanding division (D)(E) of section 119.03 and 2094
division (A)(1) of section 119.04 of the Revised Code, in the case 2095
of the adoption of any rule or the amendment or rescission of any 2096
rule that necessitates institutions' offering preparation programs 2097
for educators and other school personnel that are approved by the 2098
chancellor of the Ohio board of regents under section 3333.048 of 2099
the Revised Code to revise the curriculum of those programs, the 2100
effective date shall not be as prescribed in division (D)(E) of 2101
section 119.03 and division (A)(1) of section 119.04 of the 2102
Revised Code. Instead, the effective date of such rules, or the 2103
amendment or rescission of such rules, shall be the date 2104
prescribed by section 3333.048 of the Revised Code.2105

       (2) Notwithstanding the authority to adopt, amend, or rescind 2106
emergency rules in division (F)(G) of section 119.03 of the 2107
Revised Code, this authority shall not apply to the state board of 2108
education with regard to rules for educator licenses.2109

       (F)(1) The rules adopted under this section establishing 2110
standards requiring additional coursework for the renewal of any 2111
educator license shall require a school district and a chartered 2112
nonpublic school to establish local professional development 2113
committees. In a nonpublic school, the chief administrative 2114
officer shall establish the committees in any manner acceptable to 2115
such officer. The committees established under this division shall 2116
determine whether coursework that a district or chartered 2117
nonpublic school teacher proposes to complete meets the 2118
requirement of the rules. The department of education shall 2119
provide technical assistance and support to committees as the 2120
committees incorporate the professional development standards 2121
adopted by the state board of education pursuant to section 2122
3319.61 of the Revised Code into their review of coursework that 2123
is appropriate for license renewal. The rules shall establish a 2124
procedure by which a teacher may appeal the decision of a local 2125
professional development committee.2126

       (2) In any school district in which there is no exclusive 2127
representative established under Chapter 4117. of the Revised 2128
Code, the professional development committees shall be established 2129
as described in division (F)(2) of this section.2130

       Not later than the effective date of the rules adopted under 2131
this section, the board of education of each school district shall 2132
establish the structure for one or more local professional 2133
development committees to be operated by such school district. The 2134
committee structure so established by a district board shall 2135
remain in effect unless within thirty days prior to an anniversary 2136
of the date upon which the current committee structure was 2137
established, the board provides notice to all affected district 2138
employees that the committee structure is to be modified. 2139
Professional development committees may have a district-level or 2140
building-level scope of operations, and may be established with 2141
regard to particular grade or age levels for which an educator 2142
license is designated.2143

       Each professional development committee shall consist of at 2144
least three classroom teachers employed by the district, one 2145
principal employed by the district, and one other employee of the 2146
district appointed by the district superintendent. For committees 2147
with a building-level scope, the teacher and principal members 2148
shall be assigned to that building, and the teacher members shall 2149
be elected by majority vote of the classroom teachers assigned to 2150
that building. For committees with a district-level scope, the 2151
teacher members shall be elected by majority vote of the classroom 2152
teachers of the district, and the principal member shall be 2153
elected by a majority vote of the principals of the district, 2154
unless there are two or fewer principals employed by the district, 2155
in which case the one or two principals employed shall serve on 2156
the committee. If a committee has a particular grade or age level 2157
scope, the teacher members shall be licensed to teach such grade 2158
or age levels, and shall be elected by majority vote of the 2159
classroom teachers holding such a license and the principal shall 2160
be elected by all principals serving in buildings where any such 2161
teachers serve. The district superintendent shall appoint a 2162
replacement to fill any vacancy that occurs on a professional 2163
development committee, except in the case of vacancies among the 2164
elected classroom teacher members, which shall be filled by vote 2165
of the remaining members of the committee so selected.2166

       Terms of office on professional development committees shall 2167
be prescribed by the district board establishing the committees. 2168
The conduct of elections for members of professional development 2169
committees shall be prescribed by the district board establishing 2170
the committees. A professional development committee may include 2171
additional members, except that the majority of members on each 2172
such committee shall be classroom teachers employed by the 2173
district. Any member appointed to fill a vacancy occurring prior 2174
to the expiration date of the term for which a predecessor was 2175
appointed shall hold office as a member for the remainder of that 2176
term.2177

       The initial meeting of any professional development 2178
committee, upon election and appointment of all committee members, 2179
shall be called by a member designated by the district 2180
superintendent. At this initial meeting, the committee shall 2181
select a chairperson and such other officers the committee deems 2182
necessary, and shall adopt rules for the conduct of its meetings. 2183
Thereafter, the committee shall meet at the call of the 2184
chairperson or upon the filing of a petition with the district 2185
superintendent signed by a majority of the committee members 2186
calling for the committee to meet.2187

       (3) In the case of a school district in which an exclusive 2188
representative has been established pursuant to Chapter 4117. of 2189
the Revised Code, professional development committees shall be 2190
established in accordance with any collective bargaining agreement 2191
in effect in the district that includes provisions for such 2192
committees.2193

       If the collective bargaining agreement does not specify a 2194
different method for the selection of teacher members of the 2195
committees, the exclusive representative of the district's 2196
teachers shall select the teacher members.2197

       If the collective bargaining agreement does not specify a 2198
different structure for the committees, the board of education of 2199
the school district shall establish the structure, including the 2200
number of committees and the number of teacher and administrative 2201
members on each committee; the specific administrative members to 2202
be part of each committee; whether the scope of the committees 2203
will be district levels, building levels, or by type of grade or 2204
age levels for which educator licenses are designated; the lengths 2205
of terms for members; the manner of filling vacancies on the 2206
committees; and the frequency and time and place of meetings. 2207
However, in all cases, except as provided in division (F)(4) of 2208
this section, there shall be a majority of teacher members of any 2209
professional development committee, there shall be at least five 2210
total members of any professional development committee, and the 2211
exclusive representative shall designate replacement members in 2212
the case of vacancies among teacher members, unless the collective 2213
bargaining agreement specifies a different method of selecting 2214
such replacements.2215

       (4) Whenever an administrator's coursework plan is being 2216
discussed or voted upon, the local professional development 2217
committee shall, at the request of one of its administrative 2218
members, cause a majority of the committee to consist of 2219
administrative members by reducing the number of teacher members 2220
voting on the plan.2221

       (G)(1) The department of education, educational service 2222
centers, county boards of developmental disabilities, regional 2223
professional development centers, special education regional 2224
resource centers, college and university departments of education, 2225
head start programs, and the Ohio education computer network may 2226
establish local professional development committees to determine 2227
whether the coursework proposed by their employees who are 2228
licensed or certificated under this section or section 3319.222 of 2229
the Revised Code, or under the former version of either section as 2230
it existed prior to October 16, 2009, meet the requirements of the 2231
rules adopted under this section. They may establish local 2232
professional development committees on their own or in 2233
collaboration with a school district or other agency having 2234
authority to establish them.2235

       Local professional development committees established by 2236
county boards of developmental disabilities shall be structured in 2237
a manner comparable to the structures prescribed for school 2238
districts in divisions (F)(2) and (3) of this section, as shall 2239
the committees established by any other entity specified in 2240
division (G)(1) of this section that provides educational services 2241
by employing or contracting for services of classroom teachers 2242
licensed or certificated under this section or section 3319.222 of 2243
the Revised Code, or under the former version of either section as 2244
it existed prior to October 16, 2009. All other entities specified 2245
in division (G)(1) of this section shall structure their 2246
committees in accordance with guidelines which shall be issued by 2247
the state board.2248

       (2) Any public agency that is not specified in division 2249
(G)(1) of this section but provides educational services and 2250
employs or contracts for services of classroom teachers licensed 2251
or certificated under this section or section 3319.222 of the 2252
Revised Code, or under the former version of either section as it 2253
existed prior to October 16, 2009, may establish a local 2254
professional development committee, subject to the approval of the 2255
department of education. The committee shall be structured in 2256
accordance with guidelines issued by the state board.2257

       Sec. 3319.221.  (A) The state board of education shall adopt 2258
rules establishing the standards and requirements for obtaining a 2259
school nurse license and a school nurse wellness coordinator 2260
license. At a minimum, the rules shall require that an applicant 2261
for a school nurse license be licensed as a registered nurse under 2262
Chapter 4723. of the Revised Code.2263

       (B) If the state board requires any examinations for 2264
licensure under this section, the department of education shall 2265
provide the examination results received by the department to the 2266
chancellor of the Ohio board of regents, in the manner and to the 2267
extent permitted by state and federal law.2268

       (C) Any rules for licenses described in this section that the 2269
state board adopts, amends, or rescinds under this section, 2270
division (D) of section 3301.07 of the Revised Code, or any other 2271
law shall be adopted, amended, or rescinded under Chapter 119. of 2272
the Revised Code, except that the authority to adopt, amend, or 2273
rescind emergency rules under division (F)(G) of section 119.03 of 2274
the Revised Code shall not apply to the state board with respect 2275
to rules for licenses described in this section.2276

       (D) Any registered nurse employed by a school district in the 2277
capacity of school nurse on January 1, 1973, or any registered 2278
nurse employed by a city or general health district on January 1, 2279
1973, to serve full-time in the capacity of school nurse in one or 2280
more school districts, shall be considered to have fulfilled the 2281
requirements for the issuance of a school nurse license under this 2282
section.2283

       Sec. 3333.021.  As used in this section, "university" means 2284
any college or university that receives a state appropriation.2285

       (A) This division does not apply to proposed rules, 2286
amendments, or rescissions subject to legislative review under 2287
division (I) of section 119.03106.02 of the Revised Code. No 2288
action taken by the chancellor of the Ohio board of regents that 2289
could reasonably be expected to have an effect on the revenue or 2290
expenditures of any university shall take effect unless at least 2291
two weeks prior to the date on which the action is taken, the 2292
chancellor has filed with the speaker of the house of 2293
representatives, the president of the senate, the legislative 2294
budget office of the legislative service commission, and the 2295
director of budget and management a fiscal analysis of the 2296
proposed action. The analysis shall include an estimate of the 2297
amount by which, during the current and ensuing fiscal biennium, 2298
the action would increase or decrease the university's revenues or 2299
expenditures and increase or decrease any state expenditures and 2300
any other information the chancellor considers necessary to 2301
explain the action's fiscal effect.2302

       (B) Within three days of the date the chancellor files with 2303
the clerk of the senate a proposed rule, amendment, or rescission 2304
that is subject to legislative review and invalidation under2305
division (I) of section 119.03106.02 of the Revised Code, the 2306
chancellor shall file with the speaker of the house of 2307
representatives, the president of the senate, the legislative 2308
budget office of the legislative service commission, and the 2309
director of budget and management a fiscal analysis of the 2310
proposed rule. The analysis shall include an estimate of the 2311
amount by which, during the current and ensuing fiscal biennium, 2312
the action would increase or decrease any university's revenues or 2313
expenditures and increase or decrease state revenues or 2314
expenditures and any other information the chancellor considers 2315
necessary to explain the fiscal effect of the rule, amendment, or 2316
rescission. No rule, amendment, or rescission shall take effect 2317
unless the chancellor has complied with this division.2318

       Sec. 3333.048.  (A) Not later than one year after October 16, 2319
2009, the chancellor of the Ohio board of regents and the 2320
superintendent of public instruction jointly shall do the 2321
following:2322

       (1) In accordance with Chapter 119. of the Revised Code, 2323
establish metrics and educator preparation programs for the 2324
preparation of educators and other school personnel and the 2325
institutions of higher education that are engaged in their 2326
preparation. The metrics and educator preparation programs shall 2327
be aligned with the standards and qualifications for educator 2328
licenses adopted by the state board of education under section 2329
3319.22 of the Revised Code and the requirements of the Ohio 2330
teacher residency program established under section 3319.223 of 2331
the Revised Code. The metrics and educator preparation programs 2332
also shall ensure that educators and other school personnel are 2333
adequately prepared to use the value-added progress dimension 2334
prescribed by section 3302.021 of the Revised Code or the 2335
alternative student academic progress measure if adopted under 2336
division (C)(1)(e) of section 3302.03 of the Revised Code.2337

       (2) Provide for the inspection of institutions of higher 2338
education desiring to prepare educators and other school 2339
personnel.2340

       (B) Not later than one year after October 16, 2009, the 2341
chancellor shall approve institutions of higher education engaged 2342
in the preparation of educators and other school personnel that 2343
maintain satisfactory training procedures and records of 2344
performance, as determined by the chancellor.2345

       (C) If the metrics established under division (A)(1) of this 2346
section require an institution of higher education that prepares 2347
teachers to satisfy the standards of an independent accreditation 2348
organization, the chancellor shall permit each institution to 2349
satisfy the standards of either the national council for 2350
accreditation of teacher education or the teacher education 2351
accreditation council.2352

       (D) The metrics and educator preparation programs established 2353
under division (A)(1) of this section may require an institution 2354
of higher education, as a condition of approval by the chancellor, 2355
to make changes in the curricula of its preparation programs for 2356
educators and other school personnel.2357

       Notwithstanding division (D)(E) of section 119.03 and 2358
division (A)(1) of section 119.04 of the Revised Code, any 2359
metrics, educator preparation programs, rules, and regulations, or 2360
any amendment or rescission of such metrics, educator preparation 2361
programs, rules, and regulations, adopted under this section that 2362
necessitate institutions offering preparation programs for 2363
educators and other school personnel approved by the chancellor to 2364
revise the curricula of those programs shall not be effective for 2365
at least one year after the first day of January next succeeding 2366
the publication of the said change.2367

       Each institution shall allocate money from its existing 2368
appropriations to pay the cost of making the curricular changes.2369

       (E) The chancellor shall notify the state board of the 2370
metrics and educator preparation programs established under 2371
division (A)(1) of this section and the institutions of higher 2372
education approved under division (B) of this section. The state 2373
board shall publish the metrics, educator preparation programs, 2374
and approved institutions with the standards and qualifications 2375
for each type of educator license.2376

       (F) The graduates of institutions of higher education 2377
approved by the chancellor shall be licensed by the state board in 2378
accordance with the standards and qualifications adopted under 2379
section 3319.22 of the Revised Code.2380

       Sec. 3345.033.  (A) As used in this section:2381

       "Rule" includes the enactment of a new rule or the amendment 2382
or rescission of an existing rule.2383

       "State institution of higher education" means a state 2384
university identified in section 3345.011 of the Revised Code, the 2385
northeast Ohio medical university, or a community college, state 2386
community college, or technical college.2387

       (B) When a state institution of higher education adopts a 2388
rule, the state institution of higher education shall post the 2389
rule on its web site, and the director of the legislative service 2390
commission shall publish or cause publication of the rule in the 2391
register of Ohio and in any electronic Administrative Code 2392
published by or under contract with the director. The state 2393
institution of higher education also electronically shall file a 2394
copy of the rule with the joint committee on agency rule review. 2395
The rule is not subject to review by the joint committee. But the 2396
joint committee shall accommodate the rule to the rule watch 2397
system.2398

       (C) A state institution of higher education shall maintain 2399
the posting of its rules on its web site, and periodically shall 2400
verify the posting. A state institution of higher education is not 2401
entitled to rely on a rule that is not currently posted on its web 2402
site.2403

       Sec. 3701.34. (A) The Ohio public health advisory board shall 2404
review and make recommendations to the director of health on all 2405
of the following:2406

       (1) Developing and adopting proposed rules under Chapters 2407
3701 and 3717 of the Administrative Code;2408

       (2) Prescribing proposed fees for services provided by the 2409
office of vital statistics and the bureau of environmental health;2410

       (3) Issues to improve public health and increase awareness of 2411
public health issues at the state level, local level, or both;2412

       (4) Any other public health issues that the director requests 2413
the board to consider.2414

       (B) In making recommendations to the director under division 2415
(A)(1) of this section, all of the following apply: 2416

       (1) Prior to filing a proposed rule with the joint committee 2417
on agency rule review, the department of health shall provide each 2418
board member with a copy of the proposed rule, copies of public 2419
comments received by the department during the public comment 2420
period, and written evidence of stakeholder involvement. 2421

       (2) Prior to board meetings, copies of proposed rules shall 2422
be provided to members. On request of a member, the department 2423
shall ensure that appropriate department employees attend board 2424
meetings to answer questions concerning proposed rules. 2425

       (3)(a) Not later than sixty days after receiving a copy of a 2426
proposed rule, the board shall recommend approval or disapproval 2427
of the rule and submit its recommendation by board action to the 2428
director. In making its recommendation, the board may consider 2429
public comments provided to the department or the board. 2430

       (b) If the board fails to make a recommendation within sixty 2431
days of receiving a copy of the proposed rule, the director may 2432
file the proposed rule.2433

       (4) Except as provided in division (B)(3)(b) of this section, 2434
the director shall consider the board's recommendation before 2435
filing a proposed rule. On request of the board, the director 2436
shall meet with the board to discuss the board's recommendation. 2437

       (5) If the director disagrees with the board's 2438
recommendation, the director shall inform the board in writing of 2439
the director's decision and the reason for the decision prior to 2440
the next quarterly meeting. The director or the director's 2441
designee may meet with the board at the next quarterly meeting to 2442
answer questions regarding why the director disagreed with the 2443
board's recommendation.2444

       (C) To the extent the board believes that a proposed rule 2445
does not comply with requirements established by the joint 2446
committee on agency rule review or the common sense initiative 2447
office, nothing in this section prohibits the board, in carrying 2448
out its duties under division (A)(1) of this section, from 2449
contacting the joint committee on agency rule review or the common 2450
sense initiative office.2451

       (D) In making recommendations under division (A)(2) of this 2452
section for prescribing proposed fees for services provided by the 2453
bureau of environmental health, the board and the department shall 2454
develop a cost methodology subject to approval by the director.2455

       (E) This section does not apply to the following:2456

       (1) A proposed rule that is to be refiled with the joint 2457
committee on agency rule review solely because of technical or 2458
other nonsubstantive revisions;2459

       (2) The emergency adoption, amendment, or rescission of a 2460
rule under division (F)(G) of section 119.03 of the Revised Code.2461

       Sec. 3737.88.  (A)(1) The fire marshal shall have 2462
responsibility for implementation of the underground storage tank 2463
program and corrective action program for releases of petroleum 2464
from underground storage tanks established by the "Resource 2465
Conservation and Recovery Act of 1976," 90 Stat. 2795, 42 U.S.C.A. 2466
6901, as amended. To implement the programs, the fire marshal may 2467
adopt, amend, and rescind such rules, conduct such inspections, 2468
require annual registration of underground storage tanks, issue 2469
such citations and orders to enforce those rules, enter into 2470
environmental covenants in accordance with sections 5301.80 to 2471
5301.92 of the Revised Code, and perform such other duties, as are 2472
consistent with those programs. The fire marshal, by rule, may 2473
delegate the authority to conduct inspections of underground 2474
storage tanks to certified fire safety inspectors.2475

       (2) In the place of any rules regarding release containment 2476
and release detection for underground storage tanks adopted under 2477
division (A)(1) of this section, the fire marshal, by rule, shall 2478
designate areas as being sensitive for the protection of human 2479
health and the environment and adopt alternative rules regarding 2480
release containment and release detection methods for new and 2481
upgraded underground storage tank systems located in those areas. 2482
In designating such areas, the fire marshal shall take into 2483
consideration such factors as soil conditions, hydrogeology, water 2484
use, and the location of public and private water supplies. Not 2485
later than July 11, 1990, the fire marshal shall file the rules 2486
required under this division with the secretary of state, director 2487
of the legislative service commission, and joint committee on 2488
agency rule review in accordance with divisions (B) and (H)(C) of 2489
section 119.03 of the Revised Code.2490

       (3) Notwithstanding sections 3737.87 to 3737.89 of the 2491
Revised Code, a person who is not a responsible person, as 2492
determined by the fire marshal pursuant to this chapter, may 2493
conduct a voluntary action in accordance with Chapter 3746. of the 2494
Revised Code and rules adopted under it for either of the 2495
following:2496

       (a) A class C release;2497

       (b) A release, other than a class C release, that is subject 2498
to the rules adopted by the fire marshal under division (B) of 2499
section 3737.882 of the Revised Code pertaining to a corrective 2500
action, provided that both of the following apply:2501

       (i) The voluntary action also addresses hazardous substances 2502
or petroleum that is not subject to the rules adopted under 2503
division (B) of section 3737.882 of the Revised Code pertaining to 2504
a corrective action.2505

       (ii) The fire marshal has not issued an administrative order 2506
concerning the release or referred the release to the attorney 2507
general for enforcement. 2508

       The director of environmental protection, pursuant to section 2509
3746.12 of the Revised Code, may issue a covenant not to sue to 2510
any person who properly completes a voluntary action with respect 2511
to any such release in accordance with Chapter 3746. of the 2512
Revised Code and rules adopted under it.2513

       (B) Before adopting any rule under this section or section 2514
3737.881 or 3737.882 of the Revised Code, the fire marshal shall 2515
file written notice of the proposed rule with the chairperson of 2516
the state fire council, and, within sixty days after notice is 2517
filed, the council may file responses to or comments on and may 2518
recommend alternative or supplementary rules to the fire marshal. 2519
At the end of the sixty-day period or upon the filing of 2520
responses, comments, or recommendations by the council, the fire 2521
marshal may adopt the rule filed with the council or any 2522
alternative or supplementary rule recommended by the council.2523

       (C) The state fire council may recommend courses of action to 2524
be taken by the fire marshal in carrying out the fire marshal's 2525
duties under this section. The council shall file its 2526
recommendations in the office of the fire marshal, and, within 2527
sixty days after the recommendations are filed, the fire marshal 2528
shall file with the chairperson of the council comments on, and 2529
proposed action in response to, the recommendations.2530

       (D) For the purpose of sections 3737.87 to 3737.89 of the 2531
Revised Code, the fire marshal shall adopt, and may amend and 2532
rescind, rules identifying or listing hazardous substances. The 2533
rules shall be consistent with and equivalent in scope, coverage, 2534
and content to regulations identifying or listing hazardous 2535
substances adopted under the "Comprehensive Environmental 2536
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779, 2537
42 U.S.C.A. 9602, as amended, except that the fire marshal shall 2538
not identify or list as a hazardous substance any hazardous waste 2539
identified or listed in rules adopted under division (A) of 2540
section 3734.12 of the Revised Code.2541

       (E) Except as provided in division (A)(3) of this section, 2542
the fire marshal shall have exclusive jurisdiction to regulate the 2543
storage, treatment, and disposal of petroleum contaminated soil 2544
generated from corrective actions undertaken in response to 2545
releases of petroleum from underground storage tank systems. The 2546
fire marshal may adopt, amend, or rescind such rules as the fire 2547
marshal considers to be necessary or appropriate to regulate the 2548
storage, treatment, or disposal of petroleum contaminated soil so 2549
generated.2550

       (F) The fire marshal shall adopt, amend, and rescind rules 2551
under sections 3737.88 to 3737.883 of the Revised Code in 2552
accordance with Chapter 119. of the Revised Code.2553

       Sec. 3746.04.  Within one year after September 28, 1994, the 2554
director of environmental protection, in accordance with Chapter 2555
119. of the Revised Code, shall adopt, and subsequently may amend, 2556
suspend, or rescind, rules that do both of the following:2557

       (A) Revise the rules adopted under Chapters 3704., 3714., 2558
3734., 6109., and 6111. of the Revised Code to incorporate the 2559
provisions necessary to conform those rules to the requirements of 2560
this chapter. The amended rules adopted under this division also 2561
shall establish response times for all submittals to the 2562
environmental protection agency required under this chapter or 2563
rules adopted under it.2564

       (B) Establish requirements and procedures that are reasonably 2565
necessary for the implementation and administration of this 2566
chapter, including, without limitation, all of the following:2567

       (1) Appropriate generic numerical clean-up standards for the 2568
treatment or removal of soils, sediments, and water media for 2569
hazardous substances and petroleum. The rules shall establish 2570
separate generic numerical clean-up standards based upon the 2571
intended use of properties after the completion of voluntary 2572
actions, including industrial, commercial, and residential uses 2573
and such other categories of land use as the director considers to 2574
be appropriate. The generic numerical clean-up standards 2575
established for each category of land use shall be the 2576
concentration of each contaminant that may be present on a 2577
property that shall ensure protection of public health and safety 2578
and the environment for the reasonable exposure for that category 2579
of land use. When developing the standards, the director shall 2580
consider such factors as all of the following:2581

       (a) Scientific information, including, without limitation, 2582
toxicological information and realistic assumptions regarding 2583
human and environmental exposure to hazardous substances or 2584
petroleum;2585

       (b) Climatic factors;2586

       (c) Human activity patterns;2587

       (d) Current statistical techniques;2588

       (e) For petroleum at industrial property, alternatives to the 2589
use of total petroleum hydrocarbons.2590

       The generic numerical clean-up standards established in the 2591
rules adopted under division (B)(1) of this section shall be 2592
consistent with and equivalent in scope, content, and coverage to 2593
any applicable standard established by federal environmental laws 2594
and regulations adopted under them, including, without limitation, 2595
the "Federal Water Pollution Control Act Amendments of 1972," 86 2596
Stat. 886, 33 U.S.C.A. 1251, as amended; the "Resource 2597
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 2598
6921, as amended; the "Toxic Substances Control Act," 90 Stat. 2599
2003 (1976), 15 U.S.C.A. 2601, as amended; the "Comprehensive 2600
Environmental Response, Compensation, and Liability Act of 1980," 2601
94 Stat. 2779, 42 U.S.C.A. 9601, as amended; and the "Safe 2602
Drinking Water Act," 88 Stat. 1660 (1974), 42 U.S.C.A. 300f, as 2603
amended.2604

       In order for the rules adopted under division (B)(1) of this 2605
section to require that any such federal environmental standard 2606
apply to a property, the property shall meet the requirements of 2607
the particular federal statute or regulation involved in the 2608
manner specified by the statute or regulation.2609

       The generic numerical clean-up standards for petroleum at 2610
commercial or residential property shall be the standards 2611
established in rules adopted under division (B) of section 2612
3737.882 of the Revised Code.2613

       (2)(a) Procedures for performing property-specific risk 2614
assessments that would be performed at a property to demonstrate 2615
that the remedy evaluated in a risk assessment results in 2616
protection of public health and safety and the environment instead 2617
of complying with the generic numerical clean-up standards 2618
established in the rules adopted under division (B)(1) of this 2619
section. The risk assessment procedures shall describe a 2620
methodology to establish, on a property-specific basis, allowable 2621
levels of contamination to remain at a property to ensure 2622
protection of public health and safety and the environment on the 2623
property and off the property when the contamination is emanating 2624
off the property, taking into account all of the following:2625

       (i) The implementation of treatment, storage, or disposal, or 2626
a combination thereof, of hazardous substances or petroleum;2627

       (ii) The existence of institutional controls or activity and 2628
use limitations that eliminate or mitigate exposure to hazardous 2629
substances or petroleum through the restriction of access to 2630
hazardous substances or petroleum;2631

       (iii) The existence of engineering controls that eliminate or 2632
mitigate exposure to hazardous substances or petroleum through 2633
containment of, control of, or restrictions of access to hazardous 2634
substances or petroleum, including, without limitation, fences, 2635
cap systems, cover systems, and landscaping.2636

       (b) The risk assessment procedures and levels of acceptable 2637
risk set forth in the rules adopted under division (B)(2) of this 2638
section shall be based upon all of the following:2639

       (i) Scientific information, including, without limitation, 2640
toxicological information and actual or proposed human and 2641
environmental exposure;2642

       (ii) Locational and climatic factors;2643

       (iii) Surrounding land use and human activities;2644

       (iv) Differing levels of remediation that may be required 2645
when an existing land use is continued compared to when a 2646
different land use follows the remediation.2647

       (c) Any standards established pursuant to rules adopted under 2648
division (B)(2) of this section shall be no more stringent than 2649
standards established under the environmental statutes of this 2650
state and rules adopted under them for the same contaminant in the 2651
same environmental medium that are in effect at the time the risk 2652
assessment is conducted.2653

       (3) Minimum standards for phase I property assessments. The 2654
standards shall specify the information needed to demonstrate that 2655
there is no reason to believe that contamination exists on a 2656
property. The rules adopted under division (B)(3) of this section, 2657
at a minimum, shall require that a phase I property assessment 2658
include all of the following:2659

       (a) A review and analysis of deeds, mortgages, easements of 2660
record, and similar documents relating to the chain of title to 2661
the property that are publicly available or that are known to and 2662
reasonably available to the owner or operator;2663

       (b) A review and analysis of any previous environmental 2664
assessments, property assessments, environmental studies, or 2665
geologic studies of the property and any land within two thousand 2666
feet of the boundaries of the property that are publicly available 2667
or that are known to and reasonably available to the owner or 2668
operator;2669

       (c) A review of current and past environmental compliance 2670
histories of persons who owned or operated the property;2671

       (d) A review of aerial photographs of the property that 2672
indicate prior uses of the property;2673

       (e) Interviews with managers of activities conducted at the 2674
property who have knowledge of environmental conditions at the 2675
property;2676

       (f) Conducting an inspection of the property consisting of a 2677
walkover;2678

       (g) Identifying the current and past uses of the property, 2679
adjoining tracts of land, and the area surrounding the property, 2680
including, without limitation, interviews with persons who reside 2681
or have resided, or who are or were employed, within the area 2682
surrounding the property regarding the current and past uses of 2683
the property and adjacent tracts of land.2684

       The rules adopted under division (B)(3) of this section shall 2685
establish criteria to determine when a phase II property 2686
assessment shall be conducted when a phase I property assessment 2687
reveals facts that establish a reason to believe that hazardous 2688
substances or petroleum have been treated, stored, managed, or 2689
disposed of on the property if the person undertaking the phase I 2690
property assessment wishes to obtain a covenant not to sue under 2691
section 3746.12 of the Revised Code.2692

       (4) Minimum standards for phase II property assessments. The 2693
standards shall specify the information needed to demonstrate that 2694
any contamination present at the property does not exceed 2695
applicable standards or that the remedial activities conducted at 2696
the property have achieved compliance with applicable standards. 2697
The rules adopted under division (B)(4) of this section, at a 2698
minimum, shall require that a phase II property assessment include 2699
all of the following:2700

       (a) A review and analysis of all documentation prepared in 2701
connection with a phase I property assessment conducted within the 2702
one hundred eighty days before the phase II property assessment 2703
begins. The rules adopted under division (B)(4)(a) of this section 2704
shall require that if a period of more than one hundred eighty 2705
days has passed between the time that the phase I assessment of 2706
the property was completed and the phase II assessment begins, the 2707
phase II assessment shall include a reasonable inquiry into the 2708
change in the environmental condition of the property during the 2709
intervening period.2710

       (b) Quality assurance objectives for measurements taken in 2711
connection with a phase II assessment;2712

       (c) Sampling procedures to ensure the representative sampling 2713
of potentially contaminated environmental media;2714

       (d) Quality assurance and quality control requirements for 2715
samples collected in connection with phase II assessments;2716

       (e) Analytical and data assessment procedures;2717

       (f) Data objectives to ensure that samples collected in 2718
connection with phase II assessments are biased toward areas where 2719
information indicates that contamination by hazardous substances 2720
or petroleum is likely to exist.2721

       (5) Standards governing the conduct of certified 2722
professionals, criteria and procedures for the certification of 2723
professionals to issue no further action letters under section 2724
3746.11 of the Revised Code, and criteria for the suspension and 2725
revocation of those certifications. The director shall take an 2726
action regarding a certification as a final action. The issuance, 2727
denial, renewal, suspension, and revocation of those 2728
certifications are subject to Chapter 3745. of the Revised Code, 2729
except that, in lieu of publishing an action regarding a 2730
certification in a newspaper of general circulation as required in 2731
section 3745.07 of the Revised Code, such an action shall be 2732
published on the environmental protection agency's web site and in 2733
the agency's weekly review not later than fifteen days after the 2734
date of the issuance, denial, renewal, suspension, or revocation 2735
of the certification and not later than thirty days before a 2736
hearing or public meeting concerning the action.2737

       The rules adopted under division (B)(5) of this section shall 2738
do all of the following:2739

       (a) Provide for the certification of environmental 2740
professionals to issue no further action letters pertaining to 2741
investigations and remedies in accordance with the criteria and 2742
procedures set forth in the rules. The rules adopted under 2743
division (B)(5)(a) of this section shall do at least all of the 2744
following:2745

       (i) Authorize the director to consider such factors as an 2746
environmental professional's previous performance record regarding 2747
such investigations and remedies and the environmental 2748
professional's environmental compliance history when determining 2749
whether to certify the environmental professional;2750

       (ii) Ensure that an application for certification is reviewed 2751
in a timely manner;2752

       (iii) Require the director to certify any environmental 2753
professional who the director determines complies with those 2754
criteria;2755

       (iv) Require the director to deny certification for any 2756
environmental professional who does not comply with those 2757
criteria.2758

       (b) Establish an annual fee to be paid by environmental 2759
professionals certified pursuant to the rules adopted under 2760
division (B)(5)(a) of this section. The fee shall be established 2761
at an amount calculated to defray the costs to the agency for the 2762
required reviews of the qualifications of environmental 2763
professionals for certification and for the issuance of the 2764
certifications.2765

       (c) Develop a schedule for and establish requirements 2766
governing the review by the director of the credentials of 2767
environmental professionals who were deemed to be certified 2768
professionals under division (D) of section 3746.07 of the Revised 2769
Code in order to determine if they comply with the criteria 2770
established in rules adopted under division (B)(5) of this 2771
section. The rules adopted under division (B)(5)(c) of this 2772
section shall do at least all of the following:2773

       (i) Ensure that the review is conducted in a timely fashion;2774

       (ii) Require the director to certify any such environmental 2775
professional who the director determines complies with those 2776
criteria;2777

       (iii) Require any such environmental professional initially 2778
to pay the fee established in the rules adopted under division 2779
(B)(5)(b) of this section at the time that the environmental 2780
professional is so certified by the director;2781

       (iv) Establish a time period within which any such 2782
environmental professional who does not comply with those criteria 2783
may obtain the credentials that are necessary for certification;2784

       (v) Require the director to deny certification for any such 2785
environmental professional who does not comply with those criteria 2786
and who fails to obtain the necessary credentials within the 2787
established time period.2788

       (d) Require that any information submitted to the director 2789
for the purposes of the rules adopted under division (B)(5)(a) or 2790
(c) of this section comply with division (A) of section 3746.20 of 2791
the Revised Code;2792

       (e) Authorize the director to suspend or revoke the 2793
certification of an environmental professional if the director 2794
finds that the environmental professional's performance has 2795
resulted in the issuance of no further action letters under 2796
section 3746.11 of the Revised Code that are not consistent with 2797
applicable standards or finds that the certified environmental 2798
professional has not substantially complied with section 3746.31 2799
of the Revised Code;2800

       (f) Authorize the director to suspend for a period of not 2801
more than five years or to permanently revoke a certified 2802
environmental professional's certification for any violation of or 2803
failure to comply with an ethical standard established in rules 2804
adopted under division (B)(5) of this section;2805

       (g) Require the director to revoke the certification of an 2806
environmental professional if the director finds that the 2807
environmental professional falsified any information on the 2808
environmental professional's application for certification 2809
regarding the environmental professional's credentials or 2810
qualifications or any other information generated for the purposes 2811
of or use under this chapter or rules adopted under it;2812

       (h) Require the director permanently to revoke the 2813
certification of an environmental professional who has violated or 2814
is violating division (A) of section 3746.18 of the Revised Code;2815

       (i) Preclude the director from revoking the certification of 2816
an environmental professional who only conducts investigations and 2817
remedies at property contaminated solely with petroleum unless the 2818
director first consults with the director of commerce.2819

       (6) Criteria and procedures for the certification of 2820
laboratories to perform analyses under this chapter and rules 2821
adopted under it. The issuance, denial, suspension, and revocation 2822
of those certifications are subject to Chapter 3745. of the 2823
Revised Code, and the director of environmental protection shall 2824
take any such action regarding a certification as a final action.2825

       The rules adopted under division (B)(6) of this section shall 2826
do all of the following:2827

       (a) Provide for the certification to perform analyses of 2828
laboratories in accordance with the criteria and procedures 2829
established in the rules adopted under division (B)(6)(a) of this 2830
section and establish an annual fee to be paid by those 2831
laboratories. The fee shall be established at an amount calculated 2832
to defray the costs to the agency for the review of the 2833
qualifications of those laboratories for certification and for the 2834
issuance of the certifications. The rules adopted under division 2835
(B)(6)(a) of this section may provide for the certification of 2836
those laboratories to perform only particular types or categories 2837
of analyses, specific test parameters or group of test parameters, 2838
or a specific matrix or matrices under this chapter.2839

       (b) Develop a schedule for and establish requirements 2840
governing the review by the director of the operations of 2841
laboratories that were deemed to be certified laboratories under 2842
division (E) of section 3746.07 of the Revised Code in order to 2843
determine if they comply with the criteria established in rules 2844
adopted under division (B)(6) of this section. The rules adopted 2845
under division (B)(6)(b) of this section shall do at least all of 2846
the following:2847

       (i) Ensure that the review is conducted in a timely fashion;2848

       (ii) Require the director to certify any such laboratory that 2849
the director determines complies with those criteria;2850

       (iii) Require any such laboratory initially to pay the fee 2851
established in the rules adopted under division (B)(6)(a) of this 2852
section at the time that the laboratory is so certified by the 2853
director;2854

       (iv) Establish a time period within which any such laboratory 2855
that does not comply with those criteria may make changes in its 2856
operations necessary for the performance of analyses under this 2857
chapter and rules adopted under it in order to be certified by the 2858
director;2859

       (v) Require the director to deny certification for any such 2860
laboratory that does not comply with those criteria and that fails 2861
to make the necessary changes in its operations within the 2862
established time period.2863

       (c) Require that any information submitted to the director 2864
for the purposes of the rules adopted under division (B)(6)(a) or 2865
(b) of this section comply with division (A) of section 3746.20 of 2866
the Revised Code;2867

       (d) Authorize the director to suspend or revoke the 2868
certification of a laboratory if the director finds that the 2869
laboratory's performance has resulted in the issuance of no 2870
further action letters under section 3746.11 of the Revised Code 2871
that are not consistent with applicable standards;2872

       (e) Authorize the director to suspend or revoke the 2873
certification of a laboratory if the director finds that the 2874
laboratory falsified any information on its application for 2875
certification regarding its credentials or qualifications;2876

       (f) Require the director permanently to revoke the 2877
certification of a laboratory that has violated or is violating 2878
division (A) of section 3746.18 of the Revised Code.2879

       (7) Information to be included in a no further action letter 2880
prepared under section 3746.11 of the Revised Code, including, 2881
without limitation, all of the following:2882

       (a) A summary of the information required to be submitted to 2883
the certified environmental professional preparing the no further 2884
action letter under division (C) of section 3746.10 of the Revised 2885
Code;2886

       (b) Notification that a risk assessment was performed in 2887
accordance with rules adopted under division (B)(2) of this 2888
section if such an assessment was used in lieu of generic 2889
numerical clean-up standards established in rules adopted under 2890
division (B)(1) of this section;2891

       (c) The contaminants addressed at the property, if any, their 2892
source, if known, and their levels prior to remediation;2893

       (d) The identity of any other person who performed work to 2894
support the request for the no further action letter as provided 2895
in division (B)(2) of section 3746.10 of the Revised Code and the 2896
nature and scope of the work performed by that person;2897

       (e) A list of the data, information, records, and documents 2898
relied upon by the certified environmental professional in 2899
preparing the no further action letter.2900

       (8) Methods for determining fees to be paid for the following 2901
services provided by the agency under this chapter and rules 2902
adopted under it:2903

       (a) Site- or property-specific technical assistance in 2904
developing or implementing plans in connection with a voluntary 2905
action;2906

       (b) Reviewing applications for and issuing consolidated 2907
standards permits under section 3746.15 of the Revised Code and 2908
monitoring compliance with those permits;2909

       (c) Negotiating, preparing, and entering into agreements 2910
necessary for the implementation and administration of this 2911
chapter and rules adopted under it;2912

       (d) Reviewing no further action letters, issuing covenants 2913
not to sue, and monitoring compliance with any terms and 2914
conditions of those covenants and with operation and maintenance 2915
agreements entered into pursuant to those covenants, including, 2916
without limitation, conducting audits of properties where 2917
voluntary actions are being or were conducted under this chapter 2918
and rules adopted under it.2919

       The fees established pursuant to the rules adopted under 2920
division (B)(8) of this section shall be at a level sufficient to 2921
defray the direct and indirect costs incurred by the agency for 2922
the administration and enforcement of this chapter and rules 2923
adopted under it other than the provisions regarding the 2924
certification of professionals and laboratories.2925

       (9) Criteria for selecting the no further action letters 2926
issued under section 3746.11 of the Revised Code that will be 2927
audited under section 3746.17 of the Revised Code, and the scope 2928
and procedures for conducting those audits. The rules adopted 2929
under division (B)(9) of this section, at a minimum, shall require 2930
the director to establish priorities for auditing no further 2931
action letters to which any of the following applies:2932

       (a) The letter was prepared by an environmental professional 2933
who was deemed to be a certified professional under division (D) 2934
of section 3746.07 of the Revised Code, but who does not comply 2935
with the criteria established in rules adopted under division 2936
(B)(5) of this section as determined pursuant to rules adopted 2937
under division (B)(5)(d) of this section;2938

       (b) The letter was submitted fraudulently;2939

       (c) The letter was prepared by a certified environmental 2940
professional whose certification subsequently was revoked in 2941
accordance with rules adopted under division (B)(5) of this 2942
section, or analyses were performed for the purposes of the no 2943
further action letter by a certified laboratory whose 2944
certification subsequently was revoked in accordance with rules 2945
adopted under division (B)(6) of this section;2946

       (d) A covenant not to sue that was issued pursuant to the 2947
letter was revoked under this chapter;2948

       (e) The letter was for a voluntary action that was conducted 2949
pursuant to a risk assessment in accordance with rules adopted 2950
under division (B)(2) of this section;2951

       (f) The letter was for a voluntary action that included as 2952
remedial activities engineering controls or institutional controls 2953
or activity and use limitations authorized under section 3746.05 2954
of the Revised Code.2955

       The rules adopted under division (B)(9) of this section shall 2956
provide for random audits of no further action letters to which 2957
the rules adopted under divisions (B)(9)(a) to (f) of this section 2958
do not apply.2959

       (10) A classification system to characterize ground water 2960
according to its capability to be used for human use and its 2961
impact on the environment and a methodology that shall be used to 2962
determine when ground water that has become contaminated from 2963
sources on a property for which a covenant not to sue is requested 2964
under section 3746.11 of the Revised Code shall be remediated to 2965
the standards established in the rules adopted under division 2966
(B)(1) or (2) of this section.2967

       (a) In adopting rules under division (B)(10) of this section 2968
to characterize ground water according to its capability for human 2969
use, the director shall consider all of the following:2970

       (i) The presence of legally enforceable, reliable 2971
restrictions on the use of ground water, including, without 2972
limitation, local rules or ordinances;2973

       (ii) The presence of regional commingled contamination from 2974
multiple sources that diminishes the quality of ground water;2975

       (iii) The natural quality of ground water;2976

       (iv) Regional availability of ground water and reasonable 2977
alternative sources of drinking water;2978

       (v) The productivity of the aquifer;2979

       (vi) The presence of restrictions on the use of ground water 2980
implemented under this chapter and rules adopted under it;2981

       (vii) The existing use of ground water.2982

       (b) In adopting rules under division (B)(10) of this section 2983
to characterize ground water according to its impacts on the 2984
environment, the director shall consider both of the following:2985

       (i) The risks posed to humans, fauna, surface water, 2986
sediments, soil, air, and other resources by the continuing 2987
presence of contaminated ground water;2988

       (ii) The availability and feasibility of technology to remedy 2989
ground water contamination.2990

       (11) Governing the application for and issuance of variances 2991
under section 3746.09 of the Revised Code;2992

       (12)(a) In the case of voluntary actions involving 2993
contaminated ground water, specifying the circumstances under 2994
which the generic numerical clean-up standards established in 2995
rules adopted under division (B)(1) of this section and standards 2996
established through a risk assessment conducted pursuant to rules 2997
adopted under division (B)(2) of this section shall be 2998
inapplicable to the remediation of contaminated ground water and 2999
under which the standards for remediating contaminated ground 3000
water shall be established on a case-by-case basis prior to the 3001
commencement of the voluntary action pursuant to rules adopted 3002
under division (B)(12)(b) of this section;3003

       (b) Criteria and procedures for the case-by-case 3004
establishment of standards for the remediation of contaminated 3005
ground water under circumstances in which the use of the generic 3006
numerical clean-up standards and standards established through a 3007
risk assessment are precluded by the rules adopted under division 3008
(B)(12)(a) of this section. The rules governing the procedures for 3009
the case-by-case development of standards for the remediation of 3010
contaminated ground water shall establish application, public 3011
participation, adjudication, and appeals requirements and 3012
procedures that are equivalent to the requirements and procedures 3013
established in section 3746.09 of the Revised Code and rules 3014
adopted under division (B)(11) of this section, except that the 3015
procedural rules shall not require an applicant to make the 3016
demonstrations set forth in divisions (A)(1) to (3) of section 3017
3746.09 of the Revised Code.3018

       (13) A definition of the evidence that constitutes sufficient 3019
evidence for the purpose of division (A)(5) of section 3746.02 of 3020
the Revised Code.3021

       At least thirty days before filing the proposed rules 3022
required to be adopted under this section with the secretary of 3023
state, director of the legislative service commission, and joint 3024
committee on agency rule review in accordance with divisions (B) 3025
and (H)(C) of section 119.03 of the Revised Code, the director of 3026
environmental protection shall hold at least one public meeting on 3027
the proposed rules in each of the five districts into which the 3028
agency has divided the state for administrative purposes.3029

       Sec. 4117.02.  (A) There is hereby created the state 3030
employment relations board, consisting of three members to be 3031
appointed by the governor with the advice and consent of the 3032
senate. Members shall be knowledgeable about labor relations or 3033
personnel practices. No more than two of the three members shall 3034
belong to the same political party. A member of the state 3035
employment relations board during the member's period of service 3036
shall hold no other public office or public or private employment 3037
and shall allow no other responsibilities to interfere or conflict 3038
with the member's duties as a full-time state employment relations 3039
board member. Of the initial appointments made to the state 3040
employment relations board, one shall be for a term ending October 3041
6, 1984, one shall be for a term ending October 6, 1985, and one 3042
shall be for a term ending October 6, 1986. Thereafter, terms of 3043
office shall be for six years, each term ending on the same day of 3044
the same month of the year as did the term that it succeeds. Each 3045
member shall hold office from the date of the member's appointment 3046
until the end of the term for which the member is appointed. Any 3047
member appointed to fill a vacancy occurring prior to the 3048
expiration of the term for which the member's predecessor was 3049
appointed shall hold office for the remainder of the term. Any 3050
member shall continue in office subsequent to the expiration of 3051
the member's term until the member's successor takes office or 3052
until a period of sixty days has elapsed, whichever occurs first. 3053
The governor may remove any member of the state employment 3054
relations board, upon notice and public hearing, for neglect of 3055
duty or malfeasance in office, but for no other cause.3056

       (B)(1) The governor shall designate one member of the state 3057
employment relations board to serve as chairperson of the state 3058
employment relations board. The chairperson is the head of the 3059
state employment relations board and its chief executive officer.3060

       (2) The chairperson shall exercise all administrative powers 3061
and duties conferred upon the state employment relations board 3062
under this chapter and shall do all of the following:3063

       (a) Employ, promote, supervise, and remove all employees of 3064
the state employment relations board, and establish, change, or 3065
abolish positions and assign or reassign the duties of those 3066
employees as the chairperson determines necessary to achieve the 3067
most efficient performance of the duties of the state employment 3068
relations board under this chapter;3069

       (b) Determine the utilization by the state personnel board of 3070
review of employees of the state employment relations board as 3071
necessary for the state personnel board of review to exercise the 3072
powers and perform the duties of the state personnel board of 3073
review.3074

       (c) Maintain the office of the state employment relations 3075
board in Columbus and manage the office's daily operations, 3076
including securing offices, facilities, equipment, and supplies 3077
necessary to house the state employment relations board, employees 3078
of the state employment relations board, the state personnel board 3079
of review, and files and records under the control of the state 3080
employment relations board and under the control of the state 3081
personnel board of review;3082

       (d) Prepare and submit to the office of budget and management 3083
a budget for each biennium according to section 107.03 of the 3084
Revised Code, and include in the budget the costs of the state 3085
employment relations board and its staff and the costs of the 3086
state employment relations board in discharging any duty imposed 3087
by law upon the state employment relations board, the chairperson, 3088
or any of the employees or agents of the state employment 3089
relations board, and the costs of the state personnel board of 3090
review in discharging any duty imposed by law on the state 3091
personnel board of review or an agent of the state personnel board 3092
of review.3093

       (C) The vacancy on the state employment relations board does 3094
not impair the right of the remaining members to exercise all the 3095
powers of the state employment relations board, and two members of 3096
the state employment relations board, at all times, constitute a 3097
quorum. The state employment relations board shall have an 3098
official seal of which courts shall take judicial notice.3099

       (D) The state employment relations board shall make an annual 3100
report in writing to the governor and to the general assembly, 3101
stating in detail the work it has done.3102

       (E) Compensation of the chairperson and members shall be in 3103
accordance with division (J) of section 124.15 of the Revised 3104
Code. The chairperson and the members are eligible for 3105
reappointment. In addition to such compensation, all members shall 3106
be reimbursed for their necessary expenses incurred in the 3107
performance of their work as members.3108

       (F)(1) The chairperson, after consulting with the other state 3109
employment relations board members and receiving the consent of at 3110
least one other board member, shall appoint an executive director. 3111
The chairperson also shall appoint attorneys and shall appoint an 3112
assistant executive director who shall be an attorney admitted to 3113
practice law in this state and who shall serve as a liaison to the 3114
attorney general on legal matters before the state employment 3115
relations board. 3116

       (2) The state employment relations board shall appoint 3117
members of fact-finding panels and shall prescribe their job 3118
duties.3119

       (G)(1) The executive director shall serve at the pleasure of 3120
the chairperson. The executive director, under the direction of 3121
the chairperson, shall do all of the following:3122

       (a) Act as chief administrative officer for the state 3123
employment relations board;3124

       (b) Ensure that all employees of the state employment 3125
relations board comply with the rules of the state employment 3126
relations board;3127

       (c) Do all things necessary for the efficient and effective 3128
implementation of the duties of the state employment relations 3129
board.3130

       (2) The duties of the executive director described in 3131
division (G)(1) of this section do not relieve the chairperson 3132
from final responsibility for the proper performance of the duties 3133
described in that division.3134

       (H) The attorney general shall be the legal adviser of the 3135
state employment relations board and shall appear for and 3136
represent the state employment relations board and its agents in 3137
all legal proceedings. The state employment relations board may 3138
utilize regional, local, or other agencies, and utilize voluntary 3139
and uncompensated services as needed. The state employment 3140
relations board may contract with the federal mediation and 3141
conciliation service for the assistance of mediators, arbitrators, 3142
and other personnel the service makes available. The chairperson 3143
shall appoint all employees on the basis of training, practical 3144
experience, education, and character, notwithstanding the 3145
requirements established by section 119.09 of the Revised Code. 3146
The chairperson shall give special regard to the practical 3147
training and experience that employees have for the particular 3148
position involved. The executive director, assistant executive 3149
director, administrative law judges, employees holding a fiduciary 3150
or administrative relation to the state employment relations board 3151
as described in division (A)(9) of section 124.11 of the Revised 3152
Code, and the personal secretaries and assistants of the state 3153
employment relations board members are in the unclassified 3154
service. All other full-time employees of the state employment 3155
relations board are in the classified service. All employees of 3156
the state employment relations board shall be paid in accordance 3157
with Chapter 124. of the Revised Code.3158

       (I) The chairperson shall select and assign administrative 3159
law judges and other agents whose functions are to conduct 3160
hearings with due regard to their impartiality, judicial 3161
temperament, and knowledge. If in any proceeding under this 3162
chapter, any party prior to five days before the hearing thereto 3163
files with the state employment relations board a sworn statement 3164
charging that the administrative law judge or other agent 3165
designated to conduct the hearing is biased or partial in the 3166
proceeding, the state employment relations board may disqualify 3167
the person and designate another administrative law judge or agent 3168
to conduct the proceeding. At least ten days before any hearing, 3169
the state employment relations board shall notify all parties to a 3170
proceeding of the name of the administrative law judge or agent 3171
designated to conduct the hearing.3172

       (J) The principal office of the state employment relations 3173
board is in Columbus, but it may meet and exercise any or all of 3174
its powers at any other place within the state. The state 3175
employment relations board may, by one or more of its employees, 3176
or any agents or agencies it designates, conduct in any part of 3177
this state any proceeding, hearing, investigation, inquiry, or 3178
election necessary to the performance of its functions; provided, 3179
that no person so designated may later sit in determination of an 3180
appeal of the decision of that cause or matter.3181

       (K) In addition to the powers and functions provided in other 3182
sections of this chapter, the state employment relations board 3183
shall do all of the following:3184

       (1) Create a bureau of mediation within the state employment 3185
relations board, to perform the functions provided in section 3186
4117.14 of the Revised Code. This bureau shall also establish, 3187
after consulting representatives of employee organizations and 3188
public employers, panels of qualified persons to be available to 3189
serve as members of fact-finding panels and arbitrators.3190

       (2) Conduct studies of problems involved in representation 3191
and negotiation and make recommendations for legislation;3192

       (3) Hold hearings pursuant to this chapter and, for the 3193
purpose of the hearings and inquiries, administer oaths and 3194
affirmations, examine witnesses and documents, take testimony and 3195
receive evidence, compel the attendance of witnesses and the 3196
production of documents by the issuance of subpoenas, and delegate 3197
these powers to any members of the state employment relations 3198
board or any administrative law judge employed by the state 3199
employment relations board for the performance of its functions;3200

       (4) Train representatives of employee organizations and 3201
public employers in the rules and techniques of collective 3202
bargaining procedures;3203

       (5) Make studies and analyses of, and act as a clearinghouse 3204
of information relating to, conditions of employment of public 3205
employees throughout the state and request assistance, services, 3206
and data from any public employee organization, public employer, 3207
or governmental unit. Public employee organizations, public 3208
employers, and governmental units shall provide such assistance, 3209
services, and data as will enable the state employment relations 3210
board to carry out its functions and powers.3211

       (6) Make available to employee organizations, public 3212
employers, mediators, fact-finding panels, arbitrators, and joint 3213
study committees statistical data relating to wages, benefits, and 3214
employment practices in public and private employment applicable 3215
to various localities and occupations to assist them to resolve 3216
issues in negotiations;3217

       (7) Notwithstanding section 119.13 of the Revised Code, 3218
establish standards of persons who practice before it;3219

       (8) Adopt, amend, and rescind rules and procedures and 3220
exercise other powers appropriate to carry out this chapter. 3221
Before the adoption, amendment, or rescission of rules and 3222
procedures under this section, the state employment relations 3223
board shall do all of the following:3224

       (a) Maintain a list of interested public employers and 3225
employee organizations and mail notice to such groups of any 3226
proposed rule or procedure, amendment thereto, or rescission 3227
thereof at least thirty days before any public hearing thereon;3228

       (b) Mail a copy of each proposed rule or procedure, amendment 3229
thereto, or rescission thereof to any person who requests a copy 3230
within five days after receipt of the request therefor;3231

       (c) Consult with appropriate statewide organizations 3232
representing public employers or employees who would be affected 3233
by the proposed rule or procedure.3234

       Although the state employment relations board is expected to 3235
discharge these duties diligently, failure to mail any notice or 3236
copy, or to so consult with any person, is not jurisdictional and 3237
shall not be construed to invalidate any proceeding or action of 3238
the state employment relations board.3239

       (L) In case of neglect or refusal to obey a subpoena issued 3240
to any person, the court of common pleas of the county in which 3241
the investigation or the public hearing occurs, upon application 3242
by the state employment relations board, may issue an order 3243
requiring the person to appear before the state employment 3244
relations board and give testimony about the matter under 3245
investigation. The court may punish a failure to obey the order as 3246
contempt.3247

       (M) Any subpoena, notice of hearing, or other process or 3248
notice of the state employment relations board issued under this 3249
section may be served personally, by certified mail, or by leaving 3250
a copy at the principal office or personal residence of the 3251
respondent required to be served. A return, made and verified by 3252
the individual making the service and setting forth the manner of 3253
service, is proof of service, and a return post office receipt, 3254
when certified mail is used, is proof of service. All process in 3255
any court to which application is made under this chapter may be 3256
served in the county wherein the persons required to be served 3257
reside or are found.3258

       (N) All expenses of the state employment relations board, 3259
including all necessary traveling and subsistence expenses 3260
incurred by the members or employees of the state employment 3261
relations board under its orders, shall be paid pursuant to 3262
itemized vouchers approved by the chairperson of the state 3263
employment relations board, the executive director, or both, or 3264
such other person as the chairperson designates for that purpose.3265

       (O) Whenever the state employment relations board determines 3266
that a substantial controversy exists with respect to the 3267
application or interpretation of this chapter and the matter is of 3268
public or great general interest, the state employment relations 3269
board shall certify its final order directly to the court of 3270
appeals having jurisdiction over the area in which the principal 3271
office of the public employer directly affected by the application 3272
or interpretation is located. The chairperson shall file with the 3273
clerk of the court a certified copy of the transcript of the 3274
proceedings before the state employment relations board pertaining 3275
to the final order. If upon hearing and consideration the court 3276
decides that the final order of the state employment relations 3277
board is unlawful or is not supported by substantial evidence on 3278
the record as a whole, the court shall reverse and vacate the 3279
final order or modify it and enter final judgment in accordance 3280
with the modification; otherwise, the court shall affirm the final 3281
order. The notice of the final order of the state employment 3282
relations board to the interested parties shall contain a 3283
certification by the chairperson of the state employment relations 3284
board that the final order is of public or great general interest 3285
and that a certified transcript of the record of the proceedings 3286
before the state employment relations board had been filed with 3287
the clerk of the court as an appeal to the court. For the purposes 3288
of this division, the state employment relations board has 3289
standing to bring its final order properly before the court of 3290
appeals.3291

       (P) Except as otherwise specifically provided in this 3292
section, the state employment relations board is subject to 3293
Chapter 119. of the Revised Code, including the procedure for 3294
submission of proposed rules to the general assembly for 3295
legislative review under division (H)(C) of section 119.03 of the 3296
Revised Code.3297

       Sec. 4141.14. (A) All rules of the director of the 3298
department of job and family services adopted pursuant to this 3299
chapter shall be approved by the unemployment compensation review 3300
commission before the rules become effective. All such rules shall 3301
specify on their face their effective date and the date on which 3302
they will expire, if known. Approval by the unemployment 3303
compensation review commission shall also be required before 3304
amendments to, or rescission of, any rules of the director adopted 3305
pursuant to this chapter become effective. If the commission 3306
disapproves a rule of the director, it shall determine and 3307
promulgate a rule that it considers appropriate after affording a 3308
hearing to the director.3309

       (B)(1) Any rule promulgated pursuant to this section shall be 3310
effective on the tenth day after the day on which the rule in 3311
final form and in compliance with division (B)(2) of this section 3312
is filed as follows:3313

       (a) The rule shall be filed in electronic form with both the 3314
secretary of state and the director of the legislative service 3315
commission;3316

       (b) The rule shall be filed in electronic form with the joint 3317
committee on agency rule review. Division (B)(1)(b) of this 3318
section does not apply to any rule to which division (H) of 3319
section 119.03 of the Revised Code does not apply.3320

       If all filings are not completed on the same day, the rule 3321
shall be effective on the tenth day after the day on which the 3322
latest filing is completed. If the department of job and family 3323
services or the unemployment compensation review commission in 3324
adopting a rule pursuant to this chapter designates an effective 3325
date that is later than the effective date provided for by this 3326
division, the rule if filed as required by this division shall 3327
become effective on the later date designated by the department or 3328
commission.3329

       If the commission or department adopts or amends a rule that 3330
is subject to division (H) of section 119.03 of the Revised Code, 3331
the commission or department shall assign a review date to the 3332
rule that is not later than five years after its effective date. 3333
If no review date is assigned to a rule, or if a review date 3334
assigned to a rule exceeds the five-year maximum, the review date 3335
for the rule is five years after its effective date. A rule with a 3336
review date is subject to review under section 119.032 of the 3337
Revised Code.3338

       (2) The department and commission shall file the rule in 3339
compliance with the following standards and procedures:3340

       (a) The rule shall be numbered in accordance with the 3341
numbering system devised by the director for the Ohio 3342
administrative code.3343

       (b) The rule shall be prepared and submitted in compliance 3344
with the rules of the legislative service commission.3345

       (c) The rule shall clearly state the date on which it is to 3346
be effective and the date on which it will expire, if known.3347

       (d) Each rule that amends or rescinds another rule shall 3348
clearly refer to the rule that is amended or rescinded. Each 3349
amendment shall fully restate the rule as amended.3350

       If the director of the legislative service commission or the 3351
director's designee gives the department of job and family 3352
services or the unemployment compensation review commission notice 3353
pursuant to section 103.05 of the Revised Code that a rule filed 3354
by the department or review commission is not in compliance with 3355
the rules of the legislative service commission, the department or 3356
review commission shall within thirty days after receipt of the 3357
notice conform the rule to the rules of the commission as directed 3358
in the notice.3359

       The secretary of state and the director of the legislative 3360
service commission shall preserve the rules filed under division 3361
(B)(1)(a) of this section in an accessible manner. Each such rule 3362
shall be a public record open to public inspection and may be 3363
transmitted to any law publishing company that wishes to reproduce 3364
it.3365

       (C) As used in this section:3366

       (1) "Rule" includes an amendment or rescission of a rule.3367

       (2) "Substantive revision" has the same meaning as in 3368
division (J) of section 119.01 of the Revised Code.3369

       Sec. 5103.0325.  Notwithstanding division (B) of section 3370
119.032106.03 of the Revised Code, the department of job and 3371
family services shall review once every two years the department's 3372
rules governing visits and contacts by a public children services 3373
agency or private child placing agency with a child in the 3374
agency's custody and placed in foster care in this state. The 3375
department shall adopt rules in accordance with Chapter 119. of 3376
the Revised Code to ensure compliance with the department's rules 3377
governing agency visits and contacts with a child in its custody.3378

       Sec. 5117.02.  (A) The director of development shall adopt 3379
rules, or amendments and rescissions of rules, pursuant to section 3380
4928.52 of the Revised Code, for the administration of the Ohio 3381
energy credit program under sections 5117.01 to 5117.12 of the 3382
Revised Code.3383

       (B) As a means of efficiently administering the program, the 3384
director may extend, by as much as a total of thirty days, any 3385
date specified in such sections for the performance of a 3386
particular action by an individual or an officer.3387

       (C)(1) Except as provided in division (C)(2) of this section, 3388
the director shall adopt, in accordance with divisions (A), (B), 3389
(C), (D), (E), and (H)(F) of section 119.03 and section 119.04 of 3390
the Revised Code, whatever rules, or amendments or rescissions of 3391
rules are required by or are otherwise necessary to implement 3392
sections 5117.01 to 5117.12 of the Revised Code. A rule, 3393
amendment, or rescission adopted under this division is not exempt 3394
from the hearing requirements of section 119.03 of the Revised 3395
Code pursuant to division (G)(H) of that section, or subject to 3396
section 111.15 of the Revised Code.3397

       (2) If an emergency necessitates the immediate adoption of a 3398
rule, or the immediate adoption of an amendment or rescission of a 3399
rule that is required by or otherwise necessary to implement 3400
sections 5117.01 to 5117.12 of the Revised Code, the director 3401
immediately may adopt the emergency rule, amendment, or rescission 3402
without complying with division (A), (B), (C), (D), (E), or (H)(F)3403
of section 119.03 of the Revised Code so long as the commissioner3404
director states the reasons for the necessity in the emergency 3405
rule, amendment, or rescission. The emergency rule, amendment, or 3406
rescission is effective on the day the emergency rule, amendment, 3407
or rescission, in final form and in compliance with division 3408
(A)(2) of section 119.04 of the Revised Code, is filed in 3409
electronic form with the secretary of state, the director of the 3410
legislative service commission, and the joint committee on agency 3411
rule review. If all filings are not completed on the same day, the 3412
emergency rule, amendment, or rescission is effective on the day 3413
on which the latest filing is completed. An emergency rule, 3414
amendment, or rescission adopted under this division is not 3415
subject to section 111.15 or division (F)(G) of section 119.03 of 3416
the Revised Code. An emergency rule, amendment, or rescission 3417
adopted under this division continues in effect until amended or 3418
rescinded by the director in accordance with division (C)(1) or 3419
(2) of this section, except that the rescission of an emergency 3420
rescission does not revive the rule rescinded.3421

       (D) Except where otherwise provided, each form, application, 3422
notice, and the like used in fulfilling the requirements of 3423
sections 5117.01 to 5117.12 of the Revised Code shall be approved 3424
by the director.3425

       Sec. 5703.14. (A) Any rule adopted by the board of tax 3426
appeals and any rule of the department of taxation adopted by the 3427
tax commissioner shall be effective on the tenth day after the day 3428
on which the rule in final form and in compliance with division 3429
(B) of this section is filed by the board or the commissioner as 3430
follows:3431

       (1) The rule shall be filed in electronic form with both the 3432
secretary of state and the director of the legislative service 3433
commission;3434

       (2) The rule shall be filed in electronic form with the joint 3435
committee on agency rule review. Division (A)(2) of this section 3436
does not apply to any rule to which division (H) of section 119.03 3437
of the Revised Code does not apply.3438

       If all filings are not completed on the same day, the rule 3439
shall be effective on the tenth day after the day on which the 3440
latest filing is completed. If the board or the commissioner in 3441
adopting a rule designates an effective date that is later than 3442
the effective date provided for by this division, the rule if 3443
filed as required by this division shall become effective on the 3444
later date designated by the board or commissioner.3445

       (B) The board and commissioner shall file the rule in 3446
compliance with the following standards and procedures:3447

       (1) The rule shall be numbered in accordance with the 3448
numbering system devised by the director for the Ohio 3449
administrative code.3450

       (2) The rule shall be prepared and submitted in compliance 3451
with the rules of the legislative service commission.3452

       (3) The rule shall clearly state the date on which it is to 3453
be effective and the date on which it will expire, if known.3454

       (4) Each rule that amends or rescinds another rule shall 3455
clearly refer to the rule that is amended or rescinded. Each 3456
amendment shall fully restate the rule as amended.3457

       If the director of the legislative service commission or the 3458
director's designee gives the board or commissioner notice 3459
pursuant to section 103.05 of the Revised Code that a rule filed 3460
by the board or commissioner is not in compliance with the rules 3461
of the legislative service commission, the board or commissioner 3462
shall within thirty days after receipt of the notice conform the 3463
rule to the rules of the legislative service commission as 3464
directed in the notice.3465

       All rules of the department and board filed pursuant to 3466
division (A)(1) of this section shall be recorded by the secretary 3467
of state and the director under the name of the department or 3468
board and shall be numbered in accordance with the numbering 3469
system devised by the director. The secretary of state and the 3470
director shall preserve the rules in an accessible manner. Each 3471
such rule shall be a public record open to public inspection and 3472
may be transmitted to any law publishing company that wishes to 3473
reproduce it. Each such rule shall also be made available to 3474
interested parties upon request directed to the department.3475

       (C) Applications for review of any rule adopted and 3476
promulgated by the tax commissioner may be filed with the board of 3477
tax appeals by any person who has been or may be injured by the 3478
operation of the rule. The appeal may be taken at any time after 3479
the rule is filed with the secretary of the state, the director of 3480
the legislative service commission, and, if applicable, the joint 3481
committee on agency rule review. Failure to file an appeal does 3482
not preclude any person from seeking any other remedy against the 3483
application of the rule to the person. The applications shall set 3484
forth, or have attached thereto and incorporated by reference, a 3485
true copy of the rule, and shall allege that the rule complained 3486
of is unreasonable and shall state the grounds upon which the 3487
allegation is based. Upon the filing of the application, the board 3488
shall notify the commissioner of the filing of the application, 3489
fix a time for hearing the application, notify the commissioner 3490
and the applicant of the time for the hearing, and afford both an 3491
opportunity to be heard. The appellant, the tax commissioner, and 3492
any other interested persons that the board permits, may introduce 3493
evidence. The burden of proof to show that the rule is 3494
unreasonable shall be upon the appellant. After the hearing, the 3495
board shall determine whether the rule complained of is reasonable 3496
or unreasonable. A determination that the rule complained of is 3497
unreasonable shall require a majority vote of the three members of 3498
the board, and the reasons for the determination shall be entered 3499
on the journal of the board.3500

       Upon determining that the rule complained of is unreasonable, 3501
the board shall file copies of its determination as follows:3502

       (1)(A) The determination shall be filed in electronic form 3503
with both the secretary of state and the director of the 3504
legislative service commission, who shall note the date of their 3505
receipt of the certified copies conspicuously in their files of 3506
the rules of the department;3507

       (2)(B) The determination shall be filed in electronic form 3508
with the joint committee on agency rule review. Division (C)(2) of 3509
this section does not apply to any rule to which division (H)(C)3510
of section 119.03 of the Revised Code does not apply.3511

       On the tenth day after the determination has been received by 3512
the secretary of state, the director, and, if applicable, the 3513
joint committee, the rule referred to in the determination shall 3514
cease to be in effect. If all filings of the determination are not 3515
completed on the same day, the rule shall remain in effect until 3516
the tenth day after the day on which the latest filing is 3517
completed. This section does not apply to licenses issued under 3518
sections 5735.02, 5739.17, and 5743.15 of the Revised Code, which 3519
shall be governed by sections 119.01 to 119.13 of the Revised 3520
Code.3521

       The board is not required to hear an application for the 3522
review of any rule where the grounds of the allegation that the 3523
rule is unreasonable have been previously contained in an 3524
application for review and have been previously heard and passed 3525
upon by the board.3526

       (D) As used in this section, "substantive revision" has the 3527
same meaning as in division (J) of section 119.01 of the Revised 3528
Code.3529

       Sec. 6111.31.  All substantive wetland, stream, or lake 3530
mitigation standards, criteria, scientific methods, processes, or 3531
other procedures or policies that are used in a uniform manner by 3532
the director of environmental protection in evaluating the 3533
adequacy of a mitigation proposal contained in an application for 3534
a section 401 water quality certification shall be adopted and 3535
reviewed in accordance with sections 119.03 and 119.032106.03 of 3536
the Revised Code before those standards, criteria, or scientific 3537
methods have the force of law. Until that time, any such 3538
mitigation standards, criteria, scientific methods, processes, or 3539
other procedures or policies that are used by or approved for use 3540
by the director to evaluate, measure, or determine the success, 3541
approval, or denial of a mitigation proposal, but that have not 3542
been subject to review under sections 119.03 and 119.032106.03 of 3543
the Revised Code shall not be used as the basis for any 3544
certification or permit denial or as a standard applied to 3545
mitigation unless the applicant has been notified in advance that 3546
additional mitigation standards, criteria, scientific methods, 3547
processes, or procedures will be considered as part of the review 3548
process.3549

       Sec. 6111.51. (A)(1) The director of environmental protection 3550
shall adopt rules that establish criteria for three levels of 3551
credible data related to surface water monitoring and assessment. 3552
The rules pertaining to each level shall establish requirements 3553
for data assessment, sample collection and analytical methods, and 3554
quality assurance and quality control procedures that must be 3555
followed in order to classify data as credible at that level. The 3556
rules shall provide that level three credible data are collected 3557
by employing the most stringent methods and procedures, level two 3558
credible data are collected using methods and procedures that are 3559
less stringent than methods and procedures used to collect level 3560
three credible data, but more stringent than methods and 3561
procedures used to collect level one, and level one credible data 3562
are collected by employing the least stringent methods and 3563
procedures.3564

       The requirements established in the rules for each level of 3565
credible data shall be commensurate with, and no more stringent 3566
than necessary to support, the purposes for which the data will be 3567
used. In adopting rules under this section, the director shall 3568
consider the cost of data collection methods and procedures to 3569
persons or entities collecting data, and the burden of compliance 3570
with those methods and procedures for those persons or entities, 3571
while ensuring the degree of accuracy commensurate with the 3572
purpose for which the data will be used. No data shall be 3573
classified as credible data unless they have been collected in 3574
compliance with the applicable methods and procedures for 3575
collecting the data established in rules adopted under this 3576
section.3577

       (2) The director shall file the rules required to be adopted 3578
under division (A)(1) of this section with the secretary of state, 3579
the director of the legislative service commission, and the joint 3580
committee on agency rule review in accordance with divisions (B) 3581
and (H)(C) of section 119.03 of the Revised Code not later than 3582
one year after the effective date of this sectionOctober 21, 3583
2003. As soon as practicable thereafter, the director shall 3584
proceed to adopt the rules in accordance with all other applicable 3585
provisions of Chapter 119. of the Revised Code.3586

       (B)(1) Level three credible data shall be used for the 3587
purposes specified in section 6111.52 of the Revised Code.3588

       (2) Levels two and three credible data shall be used for the 3589
purpose of evaluating the effectiveness of pollution controls for 3590
point sources and nonpoint sources and initial screening of water 3591
quality problems to determine if additional study is needed.3592

       (3) Levels one, two, and three credible data shall be used 3593
for public awareness and education activities.3594

        (C) No data shall be considered credible unless the data 3595
originate from studies and samples collected by the environmental 3596
protection agency, its contractors, federal or state environmental 3597
agencies, or qualified data collectors. However, data submitted 3598
pursuant to the requirements of a permit issued by an agency of 3599
the state or submitted as a result of findings and orders issued 3600
by the director or pursuant to a court order shall be considered 3601
credible unless the director identifies reasons why the data are 3602
not credible.3603

        (D) If the director has obtained credible data for a surface 3604
water, the director also may use historical data for the purpose 3605
of determining whether any water quality trends exist for that 3606
surface water.3607

        (E) Sections 6111.50 to 6111.56 of the Revised Code do not 3608
apply to civil or criminal enforcement actions brought under 3609
section 6111.07 of the Revised Code.3610

       (F) The director's use of credible data shall be consistent 3611
with the Federal Water Pollution Control Act.3612

       (G) Nothing in sections 6111.50 to 6111.56 of the Revised 3613
Code is an exception to statutory, common, or municipal law of 3614
trespass.3615

       Section 2.  That existing sections 101.35, 103.0511, 107.52, 3616
107.53, 107.54, 107.55, 107.62, 107.63, 111.15, 119.01, 119.03, 3617
119.04, 121.39, 121.73, 121.74, 121.81, 121.82, 121.83, 121.91, 3618
127.18, 1531.08, 3319.22, 3319.221, 3333.021, 3333.048, 3701.34, 3619
3737.88, 3746.04, 4117.02, 4141.14, 5103.0325, 5117.02, 5703.14, 3620
6111.31, and 6111.51 of the Revised Code are repealed.3621

       Section 3.  That sections 119.031 and 119.032 of the Revised 3622
Code are repealed.3623

       Section 4.  Sections 106.02, 106.021, 106.022, 106.04, and 3624
106.041 of the Revised Code are a continuation, although with 3625
revisions, of former division (I) of section 119.03 of the Revised 3626
Code.3627

       Division (C) of section 119.03 of the Revised Code is a 3628
continuation, although with revisions, of former division (H) of 3629
that section.3630

       Sections 106.03 and 106.031 of the Revised Code are a 3631
continuation, although with revisions, of former section 119.032 3632
of the Revised Code.3633

       The seventh paragraph of section 106.01 of the Revised Code 3634
is a continuation, although with revisions, of division (A)(3)(b) 3635
of former section 119.03 of the Revised Code.3636

       Section 5.  (A) As used in this section:3637

       "Rule" has the meaning defined in section 3345.033 of the 3638
Revised Code. "Rule" does not include a rule that has been adopted 3639
in compliance with that section.3640

       "State institution of higher education" has the meaning 3641
defined in section 3345.033 of the Revised Code.3642

       (B) As soon as possible, but not later than the date that is 3643
six months after the effective date of this section, a state 3644
institution of higher education shall post each of its currently 3645
existing rules on its web site, and shall re-file its currently 3646
existing rules with the Director of the Legislative Service 3647
Commission and the Joint Committee on Agency Rule Review.3648

       If the state institution of higher education previously has 3649
posted its currently existing rules on its web site, the 3650
institution as soon as possible, but not later than six months 3651
after the effective date of this section, shall verify the 3652
posting.3653

       The re-filing of a state institution of higher education's 3654
current existing rules is not subject to review by the Joint 3655
Committee or by the Director. But the Joint Committee shall 3656
accommodate the re-filed rules to the rule watch system. And the 3657
Director shall publish the re-filed rules in the Register of Ohio, 3658
and shall publish or cause publication of the re-filed rules in 3659
any electronic Administrative Code published by or under contract 3660
with the Director.3661

       The last sentence of section 3345.033 of the Revised Code 3662
does not apply until the state institution of higher education has 3663
posted all its currently effective rules on its web site, or the 3664
date that is six months and one day after the effective date of 3665
this section, whichever occurs first.3666

       (C) Existing rules previously filed with the Director are 3667
insufficient to comply with division (B) of this section. Rather, 3668
the re-filing of all currently existing rules with the Director 3669
and Joint Committee is required to achieve compliance with that 3670
division. A state institution of higher education is not entitled 3671
to rely on a rule that is required to be re-filed under division 3672
(B) of this section and that has not been so re-filed. 3673

       Section 6.  A state agency that is required to develop 3674
customer service standards under section 121.91 of the Revised 3675
Code and that has not, on the effective date of this section, 3676
developed its initial standards shall do so not later than the 3677
date that is one month after the effective date of this section.3678

       Section 7.  As used in this section:3679

       "Fine" means a fine, penalty, or other pecuniary punishment.3680

       "State agency" means an agency as defined in sections 111.15 3681
and 119.01 of the Revised Code.3682

       The Director of Budget and Management shall conduct a review 3683
of all fines imposed or levied by state agencies for the purpose 3684
of administering or enforcing statutes. The review shall address 3685
the following topics: authority to impose or levy the fine, the 3686
disposition of revenue generated from imposition or levy of the 3687
fine, accounting practices employed in the receipt and disposition 3688
of revenue generated from imposition or levy of the fine, and the 3689
purposes for which revenue generated from imposition or levy of 3690
the fine is used.3691

       Not later than February 1, 2015, the Director shall report 3692
the findings of the review and make recommendations in writing to 3693
the Governor, the President of the Senate, and the Speaker of the 3694
House of Representatives.3695

       Section 8.  The date by which the periodic review of an 3696
existing rule is to be completed has been referred to as its 3697
"119.032 review date." The Revised Code section referred to is the 3698
number of the Revised Code section under which periodic review of 3699
existing rules formerly was carried out. Because of the 3700
recodification of that former section by this act, periodic review 3701
of existing rules is to be carried out under sections 106.03 and 3702
106.031 of the Revised Code. A reference to the "119.032 review 3703
date" of a rule therefore shall be read as if it referred to 3704
periodic review of the rule under sections 106.03 and 106.031 of 3705
the Revised Code.3706

       It is recommended that the date by which the periodic review 3707
of an existing rule is to be completed be referred to as its 3708
"periodic review date."3709

       Section 9.  Legislative Information Systems, in consultation 3710
with the Director of the Legislative Service Commission, the 3711
Executive Director of the Joint Committee on Agency Rule Review, 3712
the Common Sense Initiative Office, and any other person or agency 3713
involved in the electronic rule filing system, shall program or 3714
reprogram the electronic rule filing system as necessary to enable 3715
electronic filing and other electronic processing of rules and 3716
rule-making documents as required by this act. Legislative 3717
Information Systems shall complete the programming or 3718
reprogramming as soon as reasonably possible after the effective 3719
date of this section but not later than the day that is nine 3720
months after that effective date.3721

       If at the time a provision of this act that contemplates 3722
electronic filing or other electronic processing of rules or 3723
rule-making documents takes effect, electronic filing or other 3724
electronic processing is not available, the provision shall be 3725
complied with manually until electronic filing or other electronic 3726
processing is available.3727

       Section 10.  (A) Sections 106.02, 106.021, and 106.022 of the 3728
Revised Code do not apply to a proposed rule or revised proposed 3729
rule that was filed under division (D) of section 111.15 or former 3730
division (H) of section 119.03 of the Revised Code and, on the 3731
effective date of this section, is pending before the Joint 3732
Committee on Agency Rule Review for review under former division 3733
(I) of section 119.03 of the Revised Code. The Joint Committee 3734
shall review the proposed rule or revised proposed rule under 3735
former division (I) of section 119.03 of the Revised Code as if 3736
the division had not been repealed.3737

       (B) Sections 106.03 and 106.031 of the Revised Code do not 3738
apply to an existing rule that was filed under former section 3739
119.032 of the Revised Code and, on the effective date of this 3740
section, is pending before the Joint Committee on Agency Rule 3741
Review for review under that former section. The Joint Committee 3742
shall review the existing rule under former section 119.032 of the 3743
Revised Code as if the section had not been repealed.3744

       Section 11.  The General Assembly, applying the principle 3745
stated in division (B) of section 1.52 of the Revised Code that 3746
amendments are to be harmonized if reasonably capable of 3747
simultaneous operation, finds that the following sections, 3748
presented in this act as composites of the sections as amended by 3749
the acts indicated, are the resulting versions of the sections in 3750
effect prior to the effective date of the sections as presented in 3751
this act:3752

       Section 5117.02 of the Revised Code as amended by both Am. 3753
Sub. S.B. 3 and the version of Am. Sub. S.B. 11 of the 123rd 3754
General Assembly effective on April 1, 2002.3755

       Section 5703.14 of the Revised Code as amended by both Am. 3756
Sub. S.B. 3 and the version of Am. Sub. S.B. 11 of the 123rd 3757
General Assembly effective on April 1, 2002.3758