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 |
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 |
(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 |
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 |
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 |
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 |
(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 |
(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 |
(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 |
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 |
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 |
(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 |
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 |
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 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 |
(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 |
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 |
(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 |
(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 substantive | 799 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
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 Code | 1168 |
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 |
(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-day | 1215 |
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 |
(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 |
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 |
(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 |
An agency that adopts or amends a rule that is subject to | 1488 |
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 |
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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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) 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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
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 |
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 |
(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 |
(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 |
(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 under | 2305 |
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 |
(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 |
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 |
(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 |
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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
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 |
(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
commissioner | 3404 |
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 |
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 |
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 |
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 |
(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 |
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 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 |
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 |
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 |