As Reported by the House State and Local Government

130th General Assembly Regular Session 2013-2014

Sub. S. B. No. 3

Senator LaRose 

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

Representatives Grossman, Hackett, Brown, Burkley 

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A BILL

To amend sections 101.35, 103.0511, 107.52, 107.53,

1

107.54, 107.55, 107.62, 107.63, 111.15, 119.01,

2

119.03, 119.04, 121.39, 121.73, 121.74, 121.81,

3

121.82, 121.83, 121.91, 127.18, 1531.08, 3319.22,

4

3319.221, 3333.021, 3333.048, 3701.34, 3737.88,

5

3746.04, 4117.02, 4141.14, 5103.0325, 5117.02,

6

5703.14, 6111.31, and 6111.51; to enact sections

7

101.351, 106.01, 106.02, 106.021, 106.022,

8

106.023, 106.03, 106.031, 106.04, 106.041,

9

106.042, 106.05, 121.811, and 3345.033; and to

10

repeal sections 119.031 and 119.032 of the Revised

11

Code to revise rule-making and rule review

12

procedures and to make administrative reforms.

13

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

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

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

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

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

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

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

The committee may meet during periods in which the general	81
assembly has adjourned. At	82

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

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

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

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

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

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

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

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

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

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

(D) The several publishers of the Administrative Code;

127

(E) The common sense initiative office; and

128

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

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

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

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

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

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

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

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

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

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

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

A revised proposed rule supersedes each earlier version of	193
the same proposed rule.	194

The joint committee shall not hold its public hearing on a	195
proposed rule earlier than the forty-first day after the proposed	196
rule was filed with the joint committee.	197

Sec. 106.021. If, upon reviewing a proposed rule or revised	198
proposed rule, the joint committee on agency rule review makes any	199
of the following findings with regard to the proposed rule or	200
revised proposed rule, the joint committee may recommend to the	201
senate and house of representatives the adoption of a concurrent	202
resolution to invalidate the proposed rule or revised proposed	203
rule or a part thereof:	204

(A) The proposed rule or revised proposed rule exceeds the	205
scope of its statutory authority.	206

(B) The proposed rule or revised proposed rule conflicts with	207
the legislative intent of the statute under which it was proposed.	208

(C) The proposed rule or revised proposed rule conflicts with	209
another proposed or existing rule.	210

(D) The proposed rule or revised proposed rule incorporates a	211
text or other material by reference and either the agency has	212
failed to file the text or other material incorporated by	213
reference as required by section 121.73 of the Revised Code or the	214
incorporation by reference fails to meet the standards stated in	215
sections 121.72, 121.75, and 121.76 of the Revised Code.	216

(E) The agency has failed to prepare a complete and accurate	217
rule summary and fiscal analysis of the proposed rule or revised	218
proposed rule as required by section 127.18 of the Revised Code.	219

(F) The agency has failed to demonstrate through the business	220
impact analysis, recommendations from the common sense initiative	221
office, and the memorandum of response that the regulatory intent	222
of the proposed rule or revised proposed rule justifies its	223
adverse impact on businesses in this state.	224

Sec. 106.022.  As an alternative to recommending the adoption	225
of a concurrent resolution to invalidate a proposed rule, the	226
joint committee on agency rule review may authorize the agency to	227
revise and refile the proposed rule and rule summary and fiscal	228
analysis. The joint committee shall issue the authorization in	229
writing. In the authorization, the joint committee shall explain	230
the finding that, but for the authorization, would have resulted	231
in a recommendation of invalidation. The joint committee shall	232
transmit the authorization electronically to the agency, the	233
secretary of state, the director of the legislative service	234
commission, and, if the proposed rule is to replace an emergency	235
rule, the governor.	236

Upon receiving the authorization, the agency may revise the	237
proposed rule and rule summary and fiscal analysis, and then	238
refile the revised proposed rule and rule summary and fiscal	239
analysis electronically with the joint committee.	240

If the joint committee makes any of the findings outlined in	241
section 106.021 of the Revised Code with regard to the revised	242
proposed rule and rule summary and fiscal analysis, the joint	243
committee may recommend the adoption of a concurrent resolution to	244
invalidate the proposed rule under section 106.021 of the Revised	245
Code. The joint committee may issue only one authorization with	246
regard to the same proposed rule.	247

If the proposed rule that is the subject of an authorization	248
is to replace an emergency rule, the governor may issue an order	249
extending the emergency rule for an additional sixty-five days	250
after the day on which the emergency rule otherwise would become	251
invalid. The governor shall transmit the order electronically to	252
the agency, the joint committee, and the director of the	253
legislative service commission.	254

Sec. 106.023. An agency may not adopt a proposed rule or	255
revised proposed rule or file it in final form unless the proposed	256
rule has been filed with the joint committee on agency rule review	257
under division (D) of section 111.15 or division (C) of section	258
119.03 of the Revised Code and the time for the joint committee to	259
review the proposed rule has expired without recommendation of a	260
concurrent resolution to invalidate the proposed rule.	261

If, before the time for its review of a proposed rule or	262
revised proposed rule expires, the joint committee recommends	263
adoption of a concurrent resolution invalidating the proposed rule	264
or revised proposed rule, and the senate and house of	265
representatives does not, within the time remaining for adoption	266
of the concurrent resolution, hold five sessions at which its	267
journal records a roll call vote disclosing a sufficient number of	268
members in attendance to pass a bill, the time within which that	269
house may adopt the concurrent resolution is extended until it has	270
held five such sessions.	271

Sec. 106.03. Prior to the review date of an existing rule,	272
the agency that adopted the rule shall do both of the following:	273

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

274

(1) Whether the rule should be continued without amendment,	275
be amended, or be rescinded, taking into consideration the	276
purpose, scope, and intent of the statute under which the rule was	277
adopted;	278

(2) Whether the rule needs amendment or rescission to give	279
more flexibility at the local level;	280

(3) Whether the rule needs amendment or rescission to	281
eliminate unnecessary paperwork;	282

(4) Whether the rule incorporates a text or other material by	283
reference and, if so, whether the text or other material	284
incorporated by reference is deposited or displayed as required by	285
section 121.74 of the Revised Code and whether the incorporation	286
by reference meets the standards stated in sections 121.72,	287
121.75, and 121.76 of the Revised Code;	288

(5) Whether the rule duplicates, overlaps with, or conflicts	289
with other rules;	290

(6) Whether the rule has an adverse impact on businesses, as	291
determined under section 107.52 of the Revised Code; and	292

(7) Whether the rule contains words or phrases having	293
meanings that in contemporary usage are understood as being	294
derogatory or offensive.	295

In making its review, the agency shall consider the continued	296
need for the rule, the nature of any complaints or comments	297
received concerning the rule, and any relevant factors that have	298
changed in the subject matter area affected by the rule.	299

(B) On the basis of its review of the existing rule, the	300
agency shall determine whether the existing rule needs to be	301
amended or rescinded.	302

(1) If the existing rule needs to be amended or rescinded,	303
the agency, on or before the review date of the existing rule,	304
shall commence the process of amending or rescinding the existing	305
rule in accordance with its review of the rule.	306

(2) If the existing rule does not need to be amended or	307
rescinded, proceedings shall be had under section 106.031 of the	308
Revised Code.	309

Upon the request of the agency that adopted an existing rule,	310
the joint committee on agency rule review may extend the review	311
date of the rule to a date that is not later than one hundred	312
eighty days after the review date assigned to the rule by the	313
agency. Not more than two such extensions may be allowed.	314

Sec. 106.031. If an agency, on the basis of its review of a	315
rule under section 106.03 of the Revised Code, determines that the	316
rule does not need to be amended or rescinded, proceedings shall	317
be had as follows:	318

(A)(1) If, considering only the standard of review specified	319
in division (A)(6) of section 106.03 of the Revised Code, the rule	320
has an adverse impact on businesses, the agency shall prepare a	321
business impact analysis that describes its review of the rule	322
under that division and that explains why the regulatory intent of	323
the rule justifies its adverse impact on businesses. If the rule	324
does not have an adverse impact on businesses, the agency may	325
proceed under division (B) of this section.	326

(2) The agency shall transmit a copy of the full text of the	327
rule and the business impact analysis electronically to the common	328
sense initiative office. The office shall make the rule and	329
analysis available to the public on its web site under section	330
107.62 of the Revised Code.	331

(3) The agency shall consider any recommendations made by the	332
office.	333

(4) Not earlier than the sixteenth business day after	334
transmitting the rule and analysis to the office, the agency shall	335
either (a) proceed under divisions (A)(5) and (B) of this section	336
or (b) commence, under division (B)(1) of section 106.03 of the	337
Revised Code, the process of rescinding the rule or of amending	338
the rule to incorporate into the rule features the recommendations	339
suggest will eliminate or reduce the adverse impact the rule has	340
on businesses. If the agency determines to amend or rescind the	341
rule, the agency is not subject to the time limit specified in	342
division (B)(1) of section 106.03 of the Revised Code.	343

(5) If the agency receives recommendations from the office,	344
and determines not to amend or rescind the rule, the agency shall	345
prepare a memorandum of response that explains why the rule is not	346
being rescinded or why the recommendations are not being	347
incorporated into the rule.	348

(B) The agency shall assign a new review date to the rule.	349
The review date assigned shall be not later than five years after	350
the immediately preceding review date pertaining to the rule. If	351
the agency assigns a review date that exceeds the five-year	352
maximum, the review date is five years after the immediately	353
preceding review date.	354

(C)(1) The agency shall file all the following, in electronic	355
form, with the joint committee on agency rule review, the	356
secretary of state, and the director of the legislative service	357
commission: a copy of the rule specifying its new review date, a	358
complete and accurate rule summary and fiscal analysis, and, if	359
relevant, a business impact analysis of the rule, any	360
recommendations received from the common sense initiative office,	361
and any memorandum of response.	362

(2) Subject to section 106.05 of the Revised Code, the joint	363
committee does not have jurisdiction to review, and shall reject,	364
the filing of a rule under division (C)(1) of this section if, at	365
any time while the rule is in its possession, it discovers that	366
the rule has an adverse impact on businesses and the agency has	367
not complied with division (A) of this section. The joint	368
committee shall electronically return a rule that is rejected to	369
the agency, together with any documents that were part of the	370
filing. Such a rejection does not preclude the agency from	371
refiling the rule under division (C)(1) of this section after	372
complying with division (A) of this section. When the filing of a	373
rule is rejected under this division, it is as if the filing had	374
not been made.	375

(D) The joint committee shall publish notice of the agency's	376
determination not to amend or rescind the rule in the register of	377
Ohio for four consecutive weeks after the rule is filed under	378
division (C) of this section.	379

(E) During the ninety-day period after a rule is filed under	380
division (C) of this section, but after the four-week notice	381
period required by division (D) of this section has ended, the	382
joint committee, by a two-thirds vote of members present, may	383
recommend to the senate and house of representatives the adoption	384
of a concurrent resolution invalidating the rule if the joint	385
committee finds any of the following:	386

(1) The agency improperly applied the standards in division	387
(A) of section 106.03 of the Revised Code in reviewing the rule	388
and in determining that the rule did not need amendment or	389
rescission.	390

(2) The rule has an adverse impact on businesses, and the	391
agency has failed to demonstrate through a business impact	392
analysis, recommendations from the common sense initiative office,	393
and a memorandum of response that the regulatory intent of the	394
rule justifies its adverse impact on businesses.	395

(3) If the rule incorporates a text or other material by	396
reference, the agency failed to file, or to deposit or display,	397
the text or other material incorporated by reference as required	398
by section 121.73 or 121.74 of the Revised Code or the	399
incorporation by reference fails to meet the standards stated in	400
sections 121.72, 121.75, and 121.76 of the Revised Code.	401

If the agency fails to comply with section 106.03 or 106.031	402
of the Revised Code, the joint committee shall afford the agency	403
an opportunity to appear before the joint committee to show cause	404
why the agency has not complied with either or both of those	405
sections. If the agency appears before the joint committee at the	406
time scheduled for the agency to show cause, and fails to do so,	407
the joint committee, by vote of a majority of its members present,	408
may recommend the adoption of a concurrent resolution invalidating	409
the rule for the agency's failure to show cause. Or if the agency	410
fails to appear before the joint committee at the time scheduled	411
for the agency to show cause, the joint committee, by vote of a	412
majority of its members present, may recommend adoption of a	413
concurrent resolution invalidating the rule for the agency's	414
default.	415

When the joint committee recommends that a rule be	416
invalidated, the recommendation does not suspend operation of the	417
rule, and the rule remains operational pending action by the	418
senate and house of representatives on the concurrent resolution	419
embodying the recommendation. If the senate and house of	420
representatives adopt the concurrent resolution, the rule is	421
invalid. If, however, the senate and house of representatives do	422
not adopt the resolution, the rule continues in effect, and shall	423
next be reviewed according to the new review date assigned to the	424
rule.	425

Sec. 106.04. When the joint committee on agency rule review	426
recommends invalidation of a proposed or existing rule under	427
section 106.021 or 106.031 of the Revised Code, the chairperson of	428
the joint committee, or another member of the joint committee	429
designated by the chairperson, shall prepare the recommendation of	430
invalidation in writing. The recommendation shall identify the	431
proposed or existing rule, the agency that proposed or submitted	432
the proposed or existing rule, and the finding that caused the	433
joint committee to make the recommendation. The recommendation	434
briefly shall explain the finding.	435

The chairperson of the joint committee shall request the	436
legislative service commission to prepare a concurrent resolution	437
to invalidate the proposed or existing rule according to the	438
recommendation. The concurrent resolution shall state the finding	439
that caused the joint committee to recommend invalidation of the	440
rule.	441

Sec. 106.041. The chairperson of the joint committee on	442
agency rule review, or another member of the joint committee	443
designated by the chairperson, shall submit a concurrent	444
resolution to invalidate a proposed or existing rule to the clerk	445
of either house of the general assembly. The recommendation of	446
invalidation and a copy of the proposed or existing rule also	447
shall be submitted to the clerk along with the concurrent	448
resolution.	449

Sec. 106.042. The failure of the general assembly to adopt a	450
concurrent resolution invalidating a proposed or existing rule is	451
not a ratification of the lawfulness or reasonableness of the	452
proposed or existing rule or of the validity of the procedure by	453
which the rule was proposed or adopted.	454

Sec. 106.05. (A) If the joint committee on agency rule review	455
is reviewing a proposed or existing rule under section 106.021 or	456
106.031 of the Revised Code and the joint committee is uncertain	457
whether the proposed or existing rule has an adverse impact on	458
businesses, the joint committee electronically may refer the rule	459
to the common sense initiative office, or if the joint committee	460
identifies an adverse impact on businesses in the proposed or	461
existing rule that has not been evaluated or has been inadequately	462
evaluated in a business impact analysis previously reviewed by the	463
common sense initiative office, the joint committee electronically	464
may rerefer the rule to the office. The joint committee	465
electronically may transmit a memorandum to the office along with	466
the proposed or existing rule explaining specifically why it is	467
referring or rereferring the rule to the office. The joint	468
committee electronically shall notify the agency if it refers or	469
rerefers the proposed or existing rule to the office.	470

Such a referral or rereferral tolls the running of the time	471
within which the joint committee is required to recommend adoption	472
of a concurrent resolution invalidating the proposed or existing	473
rule. The time resumes running when the proposed or existing rule	474
is returned to the joint committee after the referral or	475
rereferral. The tolling does not affect the continued operation of	476
an existing rule.	477

(B) The office, within thirty days after receiving a proposed	478
or existing rule under division (A) of this section, shall	479
evaluate or reevaluate the rule to determine whether it has an	480
adverse impact on businesses, and shall proceed under division	481
(C)(1) or (2) of this section as is appropriate to its	482
determination.	483

(C)(1) If the office determined that the proposed or existing	484
rule does not have an adverse impact on businesses, the office	485
shall prepare a memorandum stating that finding. The office	486
electronically shall transmit the memorandum to the agency, and	487
electronically shall return the proposed or existing rule to the	488
joint committee. The office also electronically shall transmit a	489
copy of its memorandum to the joint committee along with the	490
proposed or existing rule. The joint committee may review or	491
reject the proposed or existing rule, the same as if the rule had	492
not been referred or rereferred to the office. If, when the	493
proposed or existing rule is returned to the joint committee,	494
fewer than thirty days remain in the time by which a concurrent	495
resolution invalidating the proposed or existing rule must be	496
recommended, the time for making such a recommendation is extended	497
until the thirtieth day after the day on which the proposed or	498
existing rule was returned to the joint committee.	499

(2) If the office determined that the proposed or existing	500
rule has an adverse impact on businesses, the office shall prepare	501
a memorandum stating that finding. The office electronically shall	502
transmit the memorandum to the agency, and electronically shall	503
transmit the memorandum and the proposed or existing rule to the	504
joint committee. The memorandum shall identify the proposed or	505
existing rule to which it relates.	506

In the case of a proposed rule, the joint committee may	507
review or reject the proposed rule the same as if the proposed	508
rule had not been referred or rereferred to the office. If, when	509
the proposed rule is returned to the joint committee, fewer than	510
thirty days remain in the time by which a concurrent resolution	511
invalidating the proposed rule must be recommended, the time for	512
making such a recommendation is extended until the thirtieth day	513
after the day on which the proposed rule was transmitted to the	514
joint committee. The agency, after considering the memorandum, may	515
revise the proposed rule.	516

In the case of an existing rule, it is the same as if the	517
agency had withdrawn the existing rule from the joint committee's	518
jurisdiction. If the agency determines, after considering the	519
memorandum, that the existing rule needs to be amended or	520
rescinded, the agency shall commence the process of doing so under	521
division (B)(1) of section 106.03 of the Revised Code. If,	522
however, the agency determines, after considering the memorandum,	523
that the existing rule does not need to be amended or rescinded,	524
the agency shall proceed with periodic review of the rule under	525
division (B)(2) of section 106.03 of the Revised Code.	526

When the joint committee gives notice that it is referring or	527
rereferring a proposed or existing rule to the common sense	528
initiative office, and when the joint committee or office	529
transmits a memorandum to the other or to an agency, the joint	530
committee or office also electronically shall transmit a copy of	531
the notice or memorandum to the director of the legislative	532
service commission. The director shall publish the notice or	533
memorandum in the register of Ohio together with a notation	534
identifying the proposed or existing rule to which the notice or	535
memorandum relates.	536

Sec. 107.52. A draft or existing rule that affects businesses	537
has an adverse impact on businesses if a provision of the draft or	538
existing rule that applies to businesses has any of the following	539
effects:	540

(A) It requires a license, permit, or any other prior	541
authorization to engage in or operate a line of business;	542

(B) It imposes a criminal penalty, a civil penalty, or	543
another sanction, or creates a cause of action, for failure to	544
comply with its terms; or	545

(C) It requires specific expenditures or the report of	546
information as a condition of compliance.	547

Sec. 107.53. The common sense initiative office shall	548
develop, and as it becomes necessary or advisable shall improve, a	549
business impact analysis instrument that shall be used as required	550
by law to evaluate draft and existing rules that might have an	551
adverse impact on businesses. The instrument shall be in writing,	552
and shall include the following:	553

(A) Standards that encourage agencies to propose draft rules,	554
and to evaluate existing rules, and proposed revisions thereto, in	555
such a manner that the rules will be as easy to understand as	556
their subject matter permits;	557

(B) Performance measures that can be applied to evaluate the	558
likely efficiency and effectiveness of a draft or existing rule in	559
achieving its regulatory objectives;	560

(C) Standards for evaluating alternative means of regulation	561
that might reduce or eliminate the adverse impact a draft or	562
existing rule might have on businesses;	563

(D) Standards that will promote transparency, predictability,	564
consistency, and flexibility in the implementation and operation	565
of a draft or existing rule, as well as an overall balance in a	566
draft or existing rule between its regulatory objectives and the	567
costs of compliance it imposes on regulated persons;	568

(E) Standards that require an agency to encourage businesses	569
that might be adversely impacted by a draft rule to participate in	570
the rule-making process, beginning at the earliest practicable	571
stage, and that will encourage businesses that are or may be	572
adversely impacted by a draftan existing rule to offer advice and	573
assistance to the agency when the draft rule is adopted and	574
existing rule is being implemented and administered; and	575

(F) Any other standards or measures, or any other criteria,	576
the office concludes will reduce or eliminate adverse impacts on	577
businesses and foster improved regulation and economic development	578
in the state.	579

Alternative means of regulation include, and are not limited	580
to, less stringent compliance or reporting requirements, less	581
stringent schedules or deadlines, consolidation or simplification	582
of requirements, establishment of performance standards to replace	583
operational standards, and exemption of businesses.	584

The instrument does not need to be adopted as a rule. The	585
office shall publish the current instrument in the register of	586
Ohio.	587

Sec. 107.54. (A)(1) When the common sense initiative office	588
receives a draft rule and business impact analysis from an agency,	589
the office shall evaluate the draft rule and analysis against the	590
business impact analysis instrument and any other relevant	591
criteria, and may prepare and transmit recommendations to the	592
agency on how the draft rule might be revised to eliminate or	593
reduce any adverse impact the draft rule might have on businesses.	594

(2) When the office receives an existing rule and business	595
impact analysis from an agency under division (A)(2) of section	596
106.031 of the Revised Code, the office shall evaluate the	597
existing rule and analysis against the business impact analysis	598
instrument and any other relevant criteria, and may prepare and	599
transmit recommendations to the agency on how the existing rule	600
might be amended or rescinded to eliminate or reduce any adverse	601
impact the existing rule has on businesses.	602

(B) The office shall transmit any such recommendations	603
electronically to the agency. If the office fails to make such a	604
transmission after receiving the draft or existing rule and	605
business impact analysis, it is as if the office had elected not	606
to make any recommendations.	607

Sec. 107.55. The common sense initiative office, annually not	608
later than the first day of February, shall prepare a report of	609
the activities of the office during the preceding calendar year.	610
The report shall include:	611

(A) A statement of the number of draft and existing rules	612
reviewed during the calendar year;	613

(B) A description of the recommendations made to agencies	614
with regard to draft and existing rules;	615

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

616

(D) An explanation of the performance measures developed to	617
evaluate the efficiency and effectiveness of the office;	618

(E) An evaluation of the work of the office judged against	619
the performance measures; and	620

(F) Any other information the office believes will explain	621
the work of the office.	622

The office shall transmit a copy of the report to the	623
governor, the lieutenant governor, the president and minority	624
leader of the senate, and the speaker and minority leader of the	625
house of representatives.	626

Sec. 107.62. The common sense initiative office shall	627
establish a system through which any person may comment	628
concerning:	629

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

630

(B) The adverse impact on businesses that a rule currently in	631
effect is having; or	632

(C) The adverse impact on businesses the implementation or	633
administration of a rule currently in effect is having.	634

The office shall prepare a plan for the comment system, and	635
shall revise or replace the plan to improve the comment system in	636
light of learning, experience, or technological development. The	637
office shall publish the current plan for the comment system in	638
the register of Ohio.	639

At a minimum, the plan for the comment system shall provide	640
for communication of comments as follows: The office shall accept	641
comments in writing that are delivered to the office personally,	642
by mail, or by express. The office shall establish a toll-free	643
telephone number that a person may call to offer comments. (The	644
telephone number shall be connected to a recording device at its	645
answering point.) The office shall create a web site that enables	646
a person to offer comments electronically. The web site also shall	647
provide notification to the public of any draft or existing rule	648
that may have an adverse impact on businesses, which notification	649
shall include copies of the draft or existing rule and the	650
business impact analysis of the draft rule.	651

The office shall forward written, telephoned, and	652
electronically transmitted comments to the state agency having	653
jurisdiction over the rule. The office has no other duty with	654
regard to the comments.	655

Sec. 107.63. As used in this section, "small business" means	656
an independently owned and operated for-profit or nonprofit	657
business entity, including affiliates, that has fewer than five	658
hundred full time employees or gross annual sales of less than six	659
million dollars, and has operations located in the state.	660

The small business advisory council is established in the	661
office of the governor. The council shall advise the governor, the	662
lieutenant governor, and the common sense initiative office on the	663
adverse impact draft and existing rules might have on small	664
businesses. The council shall meet at least quarterly.	665

The council consists of nine members. The governor, or the	666
person to whom the governor has delegated responsibilities for the	667
common sense initiative office under section 107.61 of the Revised	668
Code, shall appoint five members, the president of the senate	669
shall appoint two members, and the speaker of the house of	670
representatives shall appoint two members. A member serves at the	671
pleasure of the member's appointing authority. The appointing	672
authorities shall consult with each other and appoint only	673
individuals who are representative of small businesses, and shall	674
do so in such a manner that the membership of the council is	675
composed of representatives of small businesses that are of	676
different sizes, engaged in different lines of business, and	677
located in different parts of the state.	678

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

679

(1) "Rule" includes any rule, regulation, bylaw, or standard	680
having a general and uniform operation adopted by an agency under	681
the authority of the laws governing the agency; any appendix to a	682
rule; and any internal management rule. "Rule" does not include	683
any guideline adopted pursuant to section 3301.0714 of the Revised	684
Code, any order respecting the duties of employees, any finding,	685
any determination of a question of law or fact in a matter	686
presented to an agency, or any rule promulgated pursuant to	687
Chapter 119., section 4141.14,or division (C)(1) or (2) of	688
section 5117.02, or section 5703.14 of the Revised Code. "Rule"	689
includes any amendment or rescission of a rule.	690

(2) "Agency" means any governmental entity of the state and	691
includes, but is not limited to, any board, department, division,	692
commission, bureau, society, council, institution, state college	693
or university, community college district, technical college	694
district, or state community college. "Agency" does not include	695
the general assembly, the controlling board, the adjutant	696
general's department, or any court.	697

(3) "Internal management rule" means any rule, regulation,	698
bylaw, or standard governing the day-to-day staff procedures and	699
operations within an agency.	700

(4) "Substantive revision" has the same meaning as in	701
division (J) of section 119.01 of the Revised Code.	702

(B)(1) Any rule, other than a rule of an emergency nature,	703
adopted by any agency pursuant to this section shall be effective	704
on the tenth day after the day on which the rule in final form and	705
in compliance with division (B)(3) of this section is filed as	706
follows:	707

(a) The rule shall be filed in electronic form with both the	708
secretary of state and the director of the legislative service	709
commission;	710

(b) The rule shall be filed in electronic form with the joint	711
committee on agency rule review. Division (B)(1)(b) of this	712
section does not apply to any rule to which division (D) of this	713
section does not apply.	714

An agency that adopts or amends a rule that is subject to	715
division (D) of this section shall assign a review date to the	716
rule that is not later than five years after its effective date.	717
If no review date is assigned to a rule, or if a review date	718
assigned to a rule exceeds the five-year maximum, the review date	719
for the rule is five years after its effective date. A rule with a	720
review date is subject to review under section 119.032106.03 of	721
the Revised Code. This paragraph does not apply to a rule of a	722
state college or university, community college district, technical	723
college district, or state community college.	724

If all filings are not completed on the same day, the rule	725
shall be effective on the tenth day after the day on which the	726
latest filing is completed. If an agency in adopting a rule	727
designates an effective date that is later than the effective date	728
provided for by division (B)(1) of this section, the rule if filed	729
as required by such division shall become effective on the later	730
date designated by the agency.	731

Any rule that is required to be filed under division (B)(1)	732
of this section is also subject to division (D) of this section if	733
not exempted by that division (D)(1), (2), (3), (4), (5), (6),	734
(7), or (8) of this section.	735

If a rule incorporates a text or other material by reference,	736
the agency shall comply with sections 121.71 to 121.76 of the	737
Revised Code.	738

(2) A rule of an emergency nature necessary for the immediate	739
preservation of the public peace, health, or safety shall state	740
the reasons for the necessity. The emergency rule, in final form	741
and in compliance with division (B)(3) of this section, shall be	742
filed in electronic form with the secretary of state, the director	743
of the legislative service commission, and the joint committee on	744
agency rule review. The emergency rule is effective immediately	745
upon completion of the latest filing, except that if the agency in	746
adopting the emergency rule designates an effective date, or date	747
and time of day, that is later than the effective date and time	748
provided for by division (B)(2) of this section, the emergency	749
rule if filed as required by such division shall become effective	750
at the later date, or later date and time of day, designated by	751
the agency.	752

An emergency rule becomes invalid at the end of the ninetieth	753
one hundred twentieth day it is in effect. Prior to that date, the	754
agency may file the emergency rule as a nonemergency rule in	755
compliance with division (B)(1) of this section. The agency may	756
not refile the emergency rule in compliance with division (B)(2)	757
of this section so that, upon the emergency rule becoming invalid	758
under such division, the emergency rule will continue in effect	759
without interruption for another ninety-dayone hundred twenty-day	760
period.	761

(3) An agency shall file a rule under division (B)(1) or (2)	762
of this section in compliance with the following standards and	763
procedures:	764

(a) The rule shall be numbered in accordance with the	765
numbering system devised by the director for the Ohio	766
administrative code.	767

(b) The rule shall be prepared and submitted in compliance	768
with the rules of the legislative service commission.	769

(c) The rule shall clearly state the date on which it is to	770
be effective and the date on which it will expire, if known.	771

(d) Each rule that amends or rescinds another rule shall	772
clearly refer to the rule that is amended or rescinded. Each	773
amendment shall fully restate the rule as amended.	774

If the director of the legislative service commission or the	775
director's designee gives an agency notice pursuant to section	776
103.05 of the Revised Code that a rule filed by the agency is not	777
in compliance with the rules of the legislative service	778
commission, the agency shall within thirty days after receipt of	779
the notice conform the rule to the rules of the commission as	780
directed in the notice.	781

(C) All rules filed pursuant to divisions (B)(1)(a) and (2)	782
of this section shall be recorded by the secretary of state and	783
the director under the title of the agency adopting the rule and	784
shall be numbered according to the numbering system devised by the	785
director. The secretary of state and the director shall preserve	786
the rules in an accessible manner. Each such rule shall be a	787
public record open to public inspection and may be transmitted to	788
any law publishing company that wishes to reproduce it.	789

(D) At least sixty-five days before a board, commission,	790
department, division, or bureau of the government of the state	791
files a rule under division (B)(1) of this section, it shall file	792
the full text of the proposed rule in electronic form with the	793
joint committee on agency rule review, and the proposed rule is	794
subject to legislative review and invalidation under division (I)	795
of section 119.03106.021 of the Revised Code. If a state board,	796
commission, department, division, or bureau makes a substantive	797
revision in a proposed rule after it is filed with the joint	798
committee, the state board, commission, department, division, or	799
bureau shall promptly file the full text of the proposed rule in	800
its revised form in electronic form with the joint committee. The	801
latest version of a proposed rule as filed with the joint	802
committee supersedes each earlier version of the text of the same	803
proposed rule. A state board, commission, department, division, or	804
bureau shall also file the rule summary and fiscal analysis	805
prepared under section 127.18 of the Revised Code in electronic	806
form along with a proposed rule, and along with a proposed rule in	807
revised form, that is filed under this division. If a proposed	808
rule has an adverse impact on businesses, the state board,	809
commission, department, division, or bureau also shall file the	810
business impact analysis, any recommendations received from the	811
common sense initiative office, and the associated memorandum of	812
response, if any, in electronic form along with the proposed rule,	813
or the proposed rule in revised form, that is filed under this	814
division.	815

A proposed rule that is subject to legislative review under	816
this division may not be adopted and filed in final form under	817
division (B)(1) of this section unless the proposed rule has been	818
filed with the joint committee on agency rule review under this	819
division and the time for the joint committee to review the	820
proposed rule has expired without recommendation of a concurrent	821
resolution to invalidate the proposed rule.	822

As used in this division, "commission" includes the public	823
utilities commission when adopting rules under a federal or state	824
statute.	825

This division does not apply to any of the following:

826

(1) A proposed rule of an emergency nature;

827

(2) A rule proposed under section 1121.05, 1121.06, 1155.18,	828
1163.22, 1349.33, 1707.201, 1733.412, 4123.29, 4123.34, 4123.341,	829
4123.342, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised	830
Code;	831

(3) A rule proposed by an agency other than a board,	832
commission, department, division, or bureau of the government of	833
the state;	834

(4) A proposed internal management rule of a board,	835
commission, department, division, or bureau of the government of	836
the state;	837

(5) Any proposed rule that must be adopted verbatim by an	838
agency pursuant to federal law or rule, to become effective within	839
sixty days of adoption, in order to continue the operation of a	840
federally reimbursed program in this state, so long as the	841
proposed rule contains both of the following:	842

(a) A statement that it is proposed for the purpose of	843
complying with a federal law or rule;	844

(b) A citation to the federal law or rule that requires	845
verbatim compliance.	846

(6) An initial rule proposed by the director of health to	847
impose safety standards and quality-of-care standards with respect	848
to a health service specified in section 3702.11 of the Revised	849
Code, or an initial rule proposed by the director to impose	850
quality standards on a facility listed in division (A)(4) of	851
section 3702.30 of the Revised Code, if section 3702.12 of the	852
Revised Code requires that the rule be adopted under this section;	853

(7) A rule of the state lottery commission pertaining to	854
instant game rules.	855

If a rule is exempt from legislative review under division	856
(D)(5) of this section, and if the federal law or rule pursuant to	857
which the rule was adopted expires, is repealed or rescinded, or	858
otherwise terminates, the rule is thereafter subject to	859
legislative review under division (D) of this section.	860

(E) Whenever a state board, commission, department, division,	861
or bureau files a proposed rule or a proposed rule in revised form	862
under division (D) of this section, it shall also file the full	863
text of the same proposed rule or proposed rule in revised form in	864
electronic form with the secretary of state and the director of	865
the legislative service commission. A state board, commission,	866
department, division, or bureau shall file the rule summary and	867
fiscal analysis prepared under section 127.18 of the Revised Code	868
in electronic form along with a proposed rule or proposed rule in	869
revised form that is filed with the secretary of state or the	870
director of the legislative service commission.	871

Sec. 119.01.  As used in sections 119.01 to 119.13 of the	872
Revised Code:	873

(A)(1) "Agency" means, except as limited by this division,	874
any official, board, or commission having authority to promulgate	875
rules or make adjudications in the civil service commission, the	876
division of liquor control, the department of taxation, the	877
industrial commission, the bureau of workers' compensation, the	878
functions of any administrative or executive officer, department,	879
division, bureau, board, or commission of the government of the	880
state specifically made subject to sections 119.01 to 119.13 of	881
the Revised Code, and the licensing functions of any	882
administrative or executive officer, department, division, bureau,	883
board, or commission of the government of the state having the	884
authority or responsibility of issuing, suspending, revoking, or	885
canceling licenses.	886

Except as otherwise provided in division (I) of this section,	887
sectionsSections 119.01 to 119.13 of the Revised Code do not	888
apply to the public utilities commission. Sections 119.01 to	889
119.13 of the Revised Code do not apply to the utility	890
radiological safety board; to the controlling board; to actions of	891
the superintendent of financial institutions and the	892
superintendent of insurance in the taking possession of, and	893
rehabilitation or liquidation of, the business and property of	894
banks, savings and loan associations, savings banks, credit	895
unions, insurance companies, associations, reciprocal fraternal	896
benefit societies, and bond investment companies; to any action	897
taken by the division of securities under section 1707.201 of the	898
Revised Code; or to any action that may be taken by the	899
superintendent of financial institutions under section 1113.03,	900
1121.06, 1121.10, 1125.09, 1125.12, 1125.18, 1157.09, 1157.12,	901
1157.18, 1165.09, 1165.12, 1165.18, 1349.33, 1733.35, 1733.361,	902
1733.37, or 1761.03 of the Revised Code.	903

Sections 119.01 to 119.13 of the Revised Code do not apply to	904
actions of the industrial commission or the bureau of workers'	905
compensation under sections 4123.01 to 4123.94 of the Revised Code	906
with respect to all matters of adjudication, or to the actions of	907
the industrial commission, bureau of workers' compensation board	908
of directors, and bureau of workers' compensation under division	909
(D) of section 4121.32, sections 4123.29, 4123.34, 4123.341,	910
4123.342, 4123.40, 4123.411, 4123.44, 4123.442, 4127.07, divisions	911
(B), (C), and (E) of section 4131.04, and divisions (B), (C), and	912
(E) of section 4131.14 of the Revised Code with respect to all	913
matters concerning the establishment of premium, contribution, and	914
assessment rates.	915

(2) "Agency" also means any official or work unit having	916
authority to promulgate rules or make adjudications in the	917
department of job and family services, but only with respect to	918
both of the following:	919

(a) The adoption, amendment, or rescission of rules that	920
section 5101.09 of the Revised Code requires be adopted in	921
accordance with this chapter;	922

(b) The issuance, suspension, revocation, or cancellation of	923
licenses.	924

(B) "License" means any license, permit, certificate,	925
commission, or charter issued by any agency. "License" does not	926
include any arrangement whereby a person or government entity	927
furnishes medicaid services under a provider agreement with the	928
department of medicaid.	929

(C) "Rule" means any rule, regulation, or standard, having a	930
general and uniform operation, adopted, promulgated, and enforced	931
by any agency under the authority of the laws governing such	932
agency, and includes any appendix to a rule. "Rule" does not	933
include any internal management rule of an agency unless the	934
internal management rule affects private rights and does not	935
include any guideline adopted pursuant to section 3301.0714 of the	936
Revised Code.	937

(D) "Adjudication" means the determination by the highest or	938
ultimate authority of an agency of the rights, duties, privileges,	939
benefits, or legal relationships of a specified person, but does	940
not include the issuance of a license in response to an	941
application with respect to which no question is raised, nor other	942
acts of a ministerial nature.	943

(E) "Hearing" means a public hearing by any agency in	944
compliance with procedural safeguards afforded by sections 119.01	945
to 119.13 of the Revised Code.	946

(F) "Person" means a person, firm, corporation, association,	947
or partnership.	948

(G) "Party" means the person whose interests are the subject	949
of an adjudication by an agency.	950

(H) "Appeal" means the procedure by which a person, aggrieved	951
by a finding, decision, order, or adjudication of any agency,	952
invokes the jurisdiction of a court.	953

(I) "Rule-making agency" means any board, commission,	954
department, division, or bureau of the government of the state	955
that is required to file proposed rules, amendments, or	956
rescissions under division (D) of section 111.15 of the Revised	957
Code and any agency that is required to file proposed rules,	958
amendments, or rescissions under divisions (B) and (H) of section	959
119.03 of the Revised Code. "Rule-making agency" includes the	960
public utilities commission. "Rule-making agency" does not include	961
any state-supported college or university.	962

(J) "Substantive revision" means any addition to, elimination	963
from, or other change in a rule, an amendment of a rule, or a	964
rescission of a rule, whether of a substantive or procedural	965
nature, that changes any of the following:	966

(1) That which the rule, amendment, or rescission permits,	967
authorizes, regulates, requires, prohibits, penalizes, rewards, or	968
otherwise affects;	969

(2) The scope or application of the rule, amendment, or	970
rescission.	971

(K) "Internal management rule" means any rule, regulation, or	972
standard governing the day-to-day staff procedures and operations	973
within an agency.	974

Sec. 119.03.  In the adoption, amendment, or rescission of	975
any rule, an agency shall comply with the following procedure:	976

(A) Reasonable public notice shall be given in the register	977
of Ohio at least thirty days prior to the date set for a hearing,	978
in the form the agency determines. The agency shall file copies of	979
the public notice under division (B) of this section. (The agency	980
gives public notice in the register of Ohio when the public notice	981
is published in the register under that division.)	982

The public notice shall include:

983

(1) A statement of the agency's intention to consider	984
adopting, amending, or rescinding a rule;	985

(2) A synopsis of the proposed rule, amendment, or rule to be	986
rescinded or a general statement of the subject matter to which	987
the proposed rule, amendment, or rescission relates;	988

(3) A statement of the reason or purpose for adopting,	989
amending, or rescinding the rule;	990

(4) The date, time, and place of a hearing on the proposed	991
action, which shall be not earlier than the thirty-first nor later	992
than the fortieth day after the proposed rule, amendment, or	993
rescission is filed under division (B) of this section.	994

In addition to public notice given in the register of Ohio,	995
the agency may give whatever other notice it reasonably considers	996
necessary to ensure notice constructively is given to all persons	997
who are subject to or affected by the proposed rule, amendment, or	998
rescission.	999

The agency shall provide a copy of the public notice required	1000
under division (A) of this section to any person who requests it	1001
and pays a reasonable fee, not to exceed the cost of copying and	1002
mailing.	1003

(B) The full text of the proposed rule, amendment, or rule to	1004
be rescinded, accompanied by the public notice required under	1005
division (A) of this section, shall be filed in electronic form	1006
with the secretary of state and with the director of the	1007
legislative service commission. (If in compliance with this	1008
division an agency files more than one proposed rule, amendment,	1009
or rescission at the same time, and has prepared a public notice	1010
under division (A) of this section that applies to more than one	1011
of the proposed rules, amendments, or rescissions, the agency	1012
shall file only one notice with the secretary of state and with	1013
the director for all of the proposed rules, amendments, or	1014
rescissions to which the notice applies.) The proposed rule,	1015
amendment, or rescission and public notice shall be filed as	1016
required by this division at least sixty-five days prior to the	1017
date on which the agency, in accordance with division (D)(E) of	1018
this section, issues an order adopting the proposed rule,	1019
amendment, or rescission.	1020

If the proposed rule, amendment, or rescission incorporates a	1021
text or other material by reference, the agency shall comply with	1022
sections 121.71 to 121.76 of the Revised Code.	1023

The proposed rule, amendment, or rescission shall be	1024
available for at least thirty days prior to the date of the	1025
hearing at the office of the agency in printed or other legible	1026
form without charge to any person affected by the proposal.	1027
Failure to furnish such text to any person requesting it shall not	1028
invalidate any action of the agency in connection therewith.	1029

If the agency files a substantive revision in the text of the	1030
proposed rule, amendment, or rescission under division (H) of this	1031
section, it shall also promptly file the full text of the proposed	1032
rule, amendment, or rescission in its revised form in electronic	1033
form with the secretary of state and with the director of the	1034
legislative service commission.	1035

The agency shall file the rule summary and fiscal analysis	1036
prepared under section 127.18 of the Revised Code in electronic	1037
form along with a proposed rule, amendment, or rescission or	1038
proposed rule, amendment, or rescission in revised form that is	1039
filed with the secretary of state or the director of the	1040
legislative service commission.	1041

The agency shall file the hearing report relating to a	1042
proposed rule, amendment, or rescission in electronic form along	1043
with the proposed rule, amendment, or rescission if the hearing	1044
report is available when the proposed rule, amendment, or	1045
rescission is filed with the secretary of state or the director of	1046
the legislative service commission under this division.	1047

The director of the legislative service commission shall	1048
publish in the register of Ohio the full text of the original and	1049
each revised version of a proposed rule, amendment, or rescission;	1050
the full text of a public notice; and the full text of a rule	1051
summary and fiscal analysis; and the full text of a hearing report	1052
that is filed with the director under this division.	1053

(C) When an agency files a proposed rule, amendment, or	1054
rescission under division (B) of this section, it also shall file	1055
in electronic form with the joint committee on agency rule review	1056
the full text of the proposed rule, amendment, or rule to be	1057
rescinded in the same form and the public notice required under	1058
division (A) of this section. (If in compliance with this division	1059
an agency files more than one proposed rule, amendment, or	1060
rescission at the same time, and has given a public notice under	1061
division (A) of this section that applies to more than one of the	1062
proposed rules, amendments, or rescissions, the agency shall file	1063
only one notice with the joint committee for all of the proposed	1064
rules, amendments, or rescissions to which the notice applies.)	1065
The proposed rule, amendment, or rescission is subject to	1066
legislative review and invalidation under sections 106.02,	1067
106.021, and 106.022 of the Revised Code. If the agency makes a	1068
revision in a proposed rule, amendment, or rescission after it is	1069
filed with the joint committee, the agency promptly shall file the	1070
full text of the proposed rule, amendment, or rescission in its	1071
revised form in electronic form with the joint committee.	1072

An agency shall file the rule summary and fiscal analysis	1073
prepared under section 127.18 of the Revised Code in electronic	1074
form along with a proposed rule, amendment, or rescission, and	1075
along with a proposed rule, amendment, or rescission in revised	1076
form, that is filed under this division.	1077

If a proposed rule, amendment, or rescission has an adverse	1078
impact on businesses, the agency also shall file the business	1079
impact analysis, any recommendations received from the common	1080
sense initiative office, and the agency's memorandum of response,	1081
if any, in electronic form along with the proposed rule,	1082
amendment, or rescission, or along with the proposed rule,	1083
amendment, or rescission in revised form, that is filed under this	1084
division.	1085

If the hearing report is available when the proposed rule,	1086
amendment, or rescission is filed, or when the hearing report	1087
later becomes available, the agency shall file the hearing report	1088
in electronic form with the joint committee along with the	1089
proposed rule, amendment, or rescission or at a later time with	1090
reference to the proposed rule, amendment, or rescission. (The	1091
later filing of a hearing report does not constitute a revision of	1092
the proposed rule, amendment, or rescission to which the hearing	1093
report relates.) If the hearing report is later filed, the joint	1094
committee shall transmit a copy of the hearing report in	1095
electronic form to the director of the legislative service	1096
commission. The director shall publish the hearing report in the	1097
register of Ohio.	1098

A proposed rule, amendment, or rescission that is subject to	1099
legislative review under this division may not be adopted under	1100
division (E) of this section or filed in final form under section	1101
119.04 of the Revised Code unless the proposed rule, amendment, or	1102
rescission has been filed with the joint committee on agency rule	1103
review under this division and the time for the joint committee to	1104
review the proposed rule, amendment, or rescission has expired	1105
without recommendation of a concurrent resolution to invalidate	1106
the proposed rule, amendment, or rescission.	1107

This division does not apply to:

1108

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

1109

(2) A proposed rule, amendment, or rescission that must be	1110
adopted verbatim by an agency pursuant to federal law or rule, to	1111
become effective within sixty days of adoption, in order to	1112
continue the operation of a federally reimbursed program in this	1113
state, so long as the proposed rule contains both of the	1114
following:	1115

(a) A statement that it is proposed for the purpose of	1116
complying with a federal law or rule;	1117

(b) A citation to the federal law or rule that requires	1118
verbatim compliance.	1119

If a rule or amendment is exempt from legislative review	1120
under division (C)(2) of this section, and if the federal law or	1121
rule pursuant to which the rule or amendment was adopted expires,	1122
is repealed or rescinded, or otherwise terminates, the rule or	1123
amendment, or its rescission, is thereafter subject to legislative	1124
review under division (C) of this section.	1125

(D) On the date and at the time and place designated in the	1126
notice, the agency shall conduct a public hearing at which any	1127
person affected by the proposed action of the agency may appear	1128
and be heard in person, by the person's attorney, or both, may	1129
present the person's position, arguments, or contentions, orally	1130
or in writing, offer and examine witnesses, and present evidence	1131
tending to show that the proposed rule, amendment, or rescission,	1132
if adopted or effectuated, will be unreasonable or unlawful. An	1133
agency may permit persons affected by the proposed rule,	1134
amendment, or rescission to present their positions, arguments, or	1135
contentions in writing, not only at the hearing, but also for a	1136
reasonable period before, after, or both before and after the	1137
hearing. A person who presents a position or arguments or	1138
contentions in writing before or after the hearing is not required	1139
to appear at the hearing.	1140

At the hearing, the testimony shall be recorded. Such record	1141
shall be made at the expense of the agency. The agency is required	1142
to transcribe a record that is not sight readable only if a person	1143
requests transcription of all or part of the record and agrees to	1144
reimburse the agency for the costs of the transcription. An agency	1145
may require the person to pay in advance all or part of the cost	1146
of the transcription.	1147

In any hearing under this section the agency may administer	1148
oaths or affirmations.	1149

The agency shall consider the positions, arguments, or	1150
contentions presented at, or before or after, the hearing. The	1151
agency shall prepare a hearing summary of the positions,	1152
arguments, or contentions, and of the issues raised by the	1153
positions, arguments, or contentions. The agency then shall	1154
prepare a hearing report explaining, with regard to each issue,	1155
how it is reflected in the rule, amendment, or rescission. If an	1156
issue is not reflected in the rule, amendment, or rescission, the	1157
hearing report shall explain why the issue is not reflected. The	1158
agency shall include the hearing summary in the hearing report as	1159
an appendix thereto. And, in the hearing report, the agency shall	1160
identify the proposed rule, amendment, or rescission to which the	1161
hearing report relates.	1162

(D)(E) After complying with divisions (A), (B), (C), and	1163
(H)(D) of this section have been complied with, and when the time	1164
for legislative review and invalidation under division (I) of this	1165
sectionsections 106.02, 106.022, and 106.023 of the Revised Code	1166
has expired without recommendation of a concurrent resolution to	1167
invalidate the proposed rule, amendment, or rescission, the agency	1168
may issue an order adopting the proposed rule or the proposed	1169
amendment or rescission of the rule, consistent with the synopsis	1170
or general statement included in the public notice. At that time	1171
the agency shall designate the effective date of the rule,	1172
amendment, or rescission, which shall not be earlier than the	1173
tenth day after the rule, amendment, or rescission has been filed	1174
in its final form as provided in section 119.04 of the Revised	1175
Code.	1176

(E)(F) Prior to the effective date of a rule, amendment, or	1177
rescission, the agency shall make a reasonable effort to inform	1178
those affected by the rule, amendment, or rescission and to have	1179
available for distribution to those requesting it the full text of	1180
the rule as adopted or as amended.	1181

(F)(G) If the governor, upon the request of an agency,	1182
determines that an emergency requires the immediate adoption,	1183
amendment, or rescission of a rule, the governor shall issue an	1184
order, the text of which shall be filed in electronic form with	1185
the agency, the secretary of state, the director of the	1186
legislative service commission, and the joint committee on agency	1187
rule review, that the procedure prescribed by this section with	1188
respect to the adoption, amendment, or rescission of a specified	1189
rule is suspended. The agency may then adopt immediately the	1190
emergency rule, amendment, or rescission and it becomes effective	1191
on the date the rule, amendment, or rescission, in final form and	1192
in compliance with division (A)(2) of section 119.04 of the	1193
Revised Code, is filed in electronic form with the secretary of	1194
state, the director of the legislative service commission, and the	1195
joint committee on agency rule review. If all filings are not	1196
completed on the same day, the emergency rule, amendment, or	1197
rescission shall be effective on the day on which the latest	1198
filing is completed. The director shall publish the full text of	1199
the emergency rule, amendment, or rescission in the register of	1200
Ohio.	1201

The emergency rule, amendment, or rescission shall become	1202
invalid at the end of the ninetiethone hundred twentieth day it	1203
is in effect. Prior to that date the agency may adopt the	1204
emergency rule, amendment, or rescission as a nonemergency rule,	1205
amendment, or rescission by complying with the procedure	1206
prescribed by this section for the adoption, amendment, and	1207
rescission of nonemergency rules. The agency shall not use the	1208
procedure of this division to readopt the emergency rule,	1209
amendment, or rescission so that, upon the emergency rule,	1210
amendment, or rescission becoming invalid under this division, the	1211
emergency rule, amendment, or rescission will continue in effect	1212
without interruption for another ninety-dayone hundred twenty-day	1213
period, except when division (I)(2)(a) of this section 106.02 of	1214
the Revised Code prevents the agency from adopting the emergency	1215
rule, amendment, or rescission as a nonemergency rule, amendment,	1216
or rescission within the ninety-dayone hundred twenty-day period.	1217

This division does not apply to the adoption of any emergency	1218
rule, amendment, or rescission by the tax commissioner under	1219
division (C)(2) of section 5117.02 of the Revised Code.	1220

(G)(H) Rules adopted by an authority within the department of	1221
job and family services for the administration or enforcement of	1222
Chapter 4141. of the Revised Code or of the department of taxation	1223
shall be effective without a hearing as provided by this section	1224
if the statutes pertaining to such agency specifically give a	1225
right of appeal to the board of tax appeals or to a higher	1226
authority within the agency or to a court, and also give the	1227
appellant a right to a hearing on such appeal. This division does	1228
not apply to the adoption of any rule, amendment, or rescission by	1229
the tax commissioner under division (C)(1) or (2) of section	1230
5117.02 of the Revised Code, or deny the right to file an action	1231
for declaratory judgment as provided in Chapter 2721. of the	1232
Revised Code from the decision of the board of tax appeals or of	1233
the higher authority within such agency.	1234

(H) When any agency files a proposed rule, amendment, or	1235
rescission under division (B) of this section, it shall also file	1236
in electronic form with the joint committee on agency rule review	1237
the full text of the proposed rule, amendment, or rule to be	1238
rescinded in the same form and the public notice required under	1239
division (A) of this section. (If in compliance with this division	1240
an agency files more than one proposed rule, amendment, or	1241
rescission at the same time, and has given a public notice under	1242
division (A) of this section that applies to more than one of the	1243
proposed rules, amendments, or rescissions, the agency shall file	1244
only one notice with the joint committee for all of the proposed	1245
rules, amendments, or rescissions to which the notice applies.) If	1246
the agency makes a substantive revision in a proposed rule,	1247
amendment, or rescission after it is filed with the joint	1248
committee, the agency shall promptly file the full text of the	1249
proposed rule, amendment, or rescission in its revised form in	1250
electronic form with the joint committee. The latest version of a	1251
proposed rule, amendment, or rescission as filed with the joint	1252
committee supersedes each earlier version of the text of the same	1253
proposed rule, amendment, or rescission. An agency shall file the	1254
rule summary and fiscal analysis prepared under section 127.18 of	1255
the Revised Code in electronic form along with a proposed rule,	1256
amendment, or rescission, and along with a proposed rule,	1257
amendment, or rescission in revised form, that is filed under this	1258
division. If a proposed rule, amendment, or rescission has an	1259
adverse impact on businesses, the agency also shall file the	1260
business impact analysis, any recommendations received from the	1261
common sense initiative office, and the agency's memorandum of	1262
response, if any, in electronic form along with the proposed rule,	1263
amendment, or rescission, or along with the proposed rule,	1264
amendment, or rescission in revised form, that is filed under this	1265
division.	1266

This division does not apply to:

1267

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

1268

(2) Any proposed rule, amendment, or rescission that must be	1269
adopted verbatim by an agency pursuant to federal law or rule, to	1270
become effective within sixty days of adoption, in order to	1271
continue the operation of a federally reimbursed program in this	1272
state, so long as the proposed rule contains both of the	1273
following:	1274

(a) A statement that it is proposed for the purpose of	1275
complying with a federal law or rule;	1276

(b) A citation to the federal law or rule that requires	1277
verbatim compliance.	1278

If a rule or amendment is exempt from legislative review	1279
under division (H)(2) of this section, and if the federal law or	1280
rule pursuant to which the rule or amendment was adopted expires,	1281
is repealed or rescinded, or otherwise terminates, the rule or	1282
amendment, or its rescission, is thereafter subject to legislative	1283
review under division (H) of this section.	1284

(I)(1) The joint committee on agency rule review may	1285
recommend the adoption of a concurrent resolution invalidating a	1286
proposed rule, amendment, rescission, or part thereof if it finds	1287
any of the following:	1288

(a) That the rule-making agency has exceeded the scope of its	1289
statutory authority in proposing the rule, amendment, or	1290
rescission;	1291

(b) That the proposed rule, amendment, or rescission	1292
conflicts with another rule, amendment, or rescission adopted by	1293
the same or a different rule-making agency;	1294

(c) That the proposed rule, amendment, or rescission	1295
conflicts with the legislative intent in enacting the statute	1296
under which the rule-making agency proposed the rule, amendment,	1297
or rescission;	1298

(d) That the rule-making agency has failed to prepare a	1299
complete and accurate rule summary and fiscal analysis of the	1300
proposed rule, amendment, or rescission as required by section	1301
127.18 of the Revised Code;	1302

(e) That the proposed rule, amendment, or rescission	1303
incorporates a text or other material by reference and either the	1304
rule-making agency has failed to file the text or other material	1305
incorporated by reference as required by section 121.73 of the	1306
Revised Code or, in the case of a proposed rule or amendment, the	1307
incorporation by reference fails to meet the standards stated in	1308
section 121.72, 121.75, or 121.76 of the Revised Code;	1309

(f) That the rule-making agency has failed to demonstrate	1310
through the business impact analysis, recommendations from the	1311
common sense initiative office, and the memorandum of response the	1312
agency has filed under division (H) of this section that the	1313
regulatory intent of the proposed rule, amendment, or rescission	1314
justifies its adverse impact on businesses in this state.	1315

The joint committee shall not hold its public hearing on a	1316
proposed rule, amendment, or rescission earlier than the	1317
forty-first day after the original version of the proposed rule,	1318
amendment, or rescission was filed with the joint committee.	1319

The house of representatives and senate may adopt a	1320
concurrent resolution invalidating a proposed rule, amendment,	1321
rescission, or part thereof. The concurrent resolution shall state	1322
which of the specific rules, amendments, rescissions, or parts	1323
thereof are invalidated. A concurrent resolution invalidating a	1324
proposed rule, amendment, or rescission shall be adopted not later	1325
than the sixty-fifth day after the original version of the text of	1326
the proposed rule, amendment, or rescission is filed with the	1327
joint committee, except that if more than thirty-five days after	1328
the original version is filed the rule-making agency either files	1329
a revised version of the text of the proposed rule, amendment, or	1330
rescission, or revises the rule summary and fiscal analysis in	1331
accordance with division (I)(4) of this section, a concurrent	1332
resolution invalidating the proposed rule, amendment, or	1333
rescission shall be adopted not later than the thirtieth day after	1334
the revised version of the proposed rule or rule summary and	1335
fiscal analysis is filed. If, after the joint committee on agency	1336
rule review recommends the adoption of a concurrent resolution	1337
invalidating a proposed rule, amendment, rescission, or part	1338
thereof, the house of representatives or senate does not, within	1339
the time remaining for adoption of the concurrent resolution, hold	1340
five floor sessions at which its journal records a roll call vote	1341
disclosing a sufficient number of members in attendance to pass a	1342
bill, the time within which that house may adopt the concurrent	1343
resolution is extended until it has held five such floor sessions.	1344

Within five days after the adoption of a concurrent	1345
resolution invalidating a proposed rule, amendment, rescission, or	1346
part thereof, the clerk of the senate shall send the rule-making	1347
agency, the secretary of state, and the director of the	1348
legislative service commission in electronic form a certified text	1349
of the resolution together with a certification stating the date	1350
on which the resolution takes effect. The secretary of state and	1351
the director of the legislative service commission shall each note	1352
the invalidity of the proposed rule, amendment, rescission, or	1353
part thereof, and shall each remove the invalid proposed rule,	1354
amendment, rescission, or part thereof from the file of proposed	1355
rules. The rule-making agency shall not proceed to adopt in	1356
accordance with division (D) of this section, or to file in	1357
accordance with division (B)(1) of section 111.15 of the Revised	1358
Code, any version of a proposed rule, amendment, rescission, or	1359
part thereof that has been invalidated by concurrent resolution.	1360

Unless the house of representatives and senate adopt a	1361
concurrent resolution invalidating a proposed rule, amendment,	1362
rescission, or part thereof within the time specified by this	1363
division, the rule-making agency may proceed to adopt in	1364
accordance with division (D) of this section, or to file in	1365
accordance with division (B)(1) of section 111.15 of the Revised	1366
Code, the latest version of the proposed rule, amendment, or	1367
rescission as filed with the joint committee. If by concurrent	1368
resolution certain of the rules, amendments, rescissions, or parts	1369
thereof are specifically invalidated, the rule-making agency may	1370
proceed to adopt, in accordance with division (D) of this section,	1371
or to file in accordance with division (B)(1) of section 111.15 of	1372
the Revised Code, the latest version of the proposed rules,	1373
amendments, rescissions, or parts thereof as filed with the joint	1374
committee that are not specifically invalidated. The rule-making	1375
agency may not revise or amend any proposed rule, amendment,	1376
rescission, or part thereof that has not been invalidated except	1377
as provided in this chapter or in section 111.15 of the Revised	1378
Code.	1379

(2)(a) A proposed rule, amendment, or rescission that is	1380
filed with the joint committee under division (H) of this section	1381
or division (D) of section 111.15 of the Revised Code shall be	1382
carried over for legislative review to the next succeeding regular	1383
session of the general assembly if the original or any revised	1384
version of the proposed rule, amendment, or rescission is filed	1385
with the joint committee on or after the first day of December of	1386
any year.	1387

(b) The latest version of any proposed rule, amendment, or	1388
rescission that is subject to division (I)(2)(a) of this section,	1389
as filed with the joint committee, is subject to legislative	1390
review and invalidation in the next succeeding regular session of	1391
the general assembly in the same manner as if it were the original	1392
version of a proposed rule, amendment, or rescission that had been	1393
filed with the joint committee for the first time on the first day	1394
of the session. A rule-making agency shall not adopt in accordance	1395
with division (D) of this section, or file in accordance with	1396
division (B)(1) of section 111.15 of the Revised Code, any version	1397
of a proposed rule, amendment, or rescission that is subject to	1398
division (I)(2)(a) of this section until the time for legislative	1399
review and invalidation, as contemplated by division (I)(2)(b) of	1400
this section, has expired.	1401

(3) Invalidation of any version of a proposed rule,	1402
amendment, rescission, or part thereof by concurrent resolution	1403
shall prevent the rule-making agency from instituting or	1404
continuing proceedings to adopt any version of the same proposed	1405
rule, amendment, rescission, or part thereof for the duration of	1406
the general assembly that invalidated the proposed rule,	1407
amendment, rescission, or part thereof unless the same general	1408
assembly adopts a concurrent resolution permitting the rule-making	1409
agency to institute or continue such proceedings.	1410

The failure of the general assembly to invalidate a proposed	1411
rule, amendment, rescission, or part thereof under this section	1412
shall not be construed as a ratification of the lawfulness or	1413
reasonableness of the proposed rule, amendment, rescission, or any	1414
part thereof or of the validity of the procedure by which the	1415
proposed rule, amendment, rescission, or any part thereof was	1416
proposed or adopted.	1417

(4) In lieu of recommending a concurrent resolution to	1418
invalidate a proposed rule, amendment, rescission, or part thereof	1419
because the rule-making agency has failed to prepare a complete	1420
and accurate fiscal analysis, the joint committee on agency rule	1421
review may issue, on a one-time basis, for rules, amendments,	1422
rescissions, or parts thereof that have a fiscal effect on school	1423
districts, counties, townships, or municipal corporations, a	1424
finding that the rule summary and fiscal analysis is incomplete or	1425
inaccurate and order the rule-making agency to revise the rule	1426
summary and fiscal analysis and refile it with the proposed rule,	1427
amendment, rescission, or part thereof. If an emergency rule is	1428
filed as a nonemergency rule before the end of the ninetieth day	1429
of the emergency rule's effectiveness, and the joint committee	1430
issues a finding and orders the rule-making agency to refile under	1431
division (I)(4) of this section, the governor may also issue an	1432
order stating that the emergency rule shall remain in effect for	1433
an additional sixty days after the ninetieth day of the emergency	1434
rule's effectiveness. The governor's orders shall be filed in	1435
accordance with division (F) of this section. The joint committee	1436
shall send in electronic form to the rule-making agency, the	1437
secretary of state, and the director of the legislative service	1438
commission a certified text of the finding and order to revise the	1439
rule summary and fiscal analysis, which shall take immediate	1440
effect.	1441

An order issued under division (I)(4) of this section shall	1442
prevent the rule-making agency from instituting or continuing	1443
proceedings to adopt any version of the proposed rule, amendment,	1444
rescission, or part thereof until the rule-making agency revises	1445
the rule summary and fiscal analysis and refiles it in electronic	1446
form with the joint committee along with the proposed rule,	1447
amendment, rescission, or part thereof. If the joint committee	1448
finds the rule summary and fiscal analysis to be complete and	1449
accurate, the joint committee shall issue a new order noting that	1450
the rule-making agency has revised and refiled a complete and	1451
accurate rule summary and fiscal analysis. The joint committee	1452
shall send in electronic form to the rule-making agency, the	1453
secretary of state, and the director of the legislative service	1454
commission a certified text of this new order. The secretary of	1455
state and the director of the legislative service commission shall	1456
each link this order to the proposed rule, amendment, rescission,	1457
or part thereof. The rule-making agency may then proceed to adopt	1458
in accordance with division (D) of this section, or to file in	1459
accordance with division (B)(1) of section 111.15 of the Revised	1460
Code, the proposed rule, amendment, rescission, or part thereof	1461
that was subject to the finding and order under division (I)(4) of	1462
this section. If the joint committee determines that the revised	1463
rule summary and fiscal analysis is still inaccurate or	1464
incomplete, the joint committee shall recommend the adoption of a	1465
concurrent resolution in accordance with division (I)(1) of this	1466
section.	1467

Sec. 119.04.  (A)(1) Any rule adopted by any agency shall be	1468
effective on the tenth day after the day on which the rule in	1469
final form and in compliance with division (A)(2) of this section	1470
is filed as follows:	1471

(a) The rule shall be filed in electronic form with both the	1472
secretary of state and the director of the legislative service	1473
commission;	1474

(b) The rule shall be filed in electronic form with the joint	1475
committee on agency rule review. Division (A)(1)(b) of this	1476
section does not apply to any rule to which division (H)(C) of	1477
section 119.03 of the Revised Code does not apply.	1478

If all filings are not completed on the same day, the rule	1479
shall be effective on the tenth day after the day on which the	1480
latest filing is completed. If an agency in adopting a rule	1481
designates an effective date that is later than the effective date	1482
provided for by this division, the rule if filed as required by	1483
this division shall become effective on the later date designated	1484
by the agency.	1485

An agency that adopts or amends a rule that is subject to	1486
division (H) of section 119.03106.03 of the Revised Code shall	1487
assign a review date to the rule that is not later than five years	1488
after its effective date. If no review date is assigned to a rule,	1489
or if a review date assigned to a rule exceeds the five-year	1490
maximum, the review date for the rule is five years after its	1491
effective date. A rule with a review date is subject to review	1492
under section 119.032106.03 of the Revised Code. This paragraph	1493
does not apply to the department of taxation.	1494

(2) The agency shall file the rule in compliance with the	1495
following standards and procedures:	1496

(a) The rule shall be numbered in accordance with the	1497
numbering system devised by the director for the Ohio	1498
administrative code.	1499

(b) The rule shall be prepared and submitted in compliance	1500
with the rules of the legislative service commission.	1501

(c) The rule shall clearly state the date on which it is to	1502
be effective and the date on which it will expire, if known.	1503

(d) Each rule that amends or rescinds another rule shall	1504
clearly refer to the rule that is amended or rescinded. Each	1505
amendment shall fully restate the rule as amended.	1506

If the director of the legislative service commission or the	1507
director's designee gives an agency notice pursuant to section	1508
103.05 of the Revised Code that a rule filed by the agency is not	1509
in compliance with the rules of the commission, the agency shall	1510
within thirty days after receipt of the notice conform the rule to	1511
the rules of the commission as directed in the notice.	1512

(3) As used in this section, "rule" includes an amendment or	1513
rescission of a rule.	1514

(B) The secretary of state and the director shall preserve	1515
the rules filed under division (A)(1)(a) of this section in an	1516
accessible manner. Each such rule shall be a public record open to	1517
public inspection and may be transmitted to any law publishing	1518
company that wishes to reproduce it.	1519

Any rule that has been adopted in compliance with section	1520
119.03 of the Revised Code and that is in effect before January 1,	1521
1977, may be divided into sections, numbered, provided with a	1522
subject heading, and filed with the secretary of state and the	1523
director to comply with the provisions of this section without	1524
carrying out the adoption procedure required by section 119.03 of	1525
the Revised Code. The codification of existing rules to comply	1526
with this section shall not constitute adoption, amendment, or	1527
rescission.	1528

Sec. 121.39.  (A) As used in this section, "environmental	1529
protection" means any of the following:	1530

(1) Protection of human health or safety, biological	1531
resources, or natural resources by preventing, reducing, or	1532
remediating the pollution or degradation of air, land, or water	1533
resources or by preventing or limiting the exposure of humans,	1534
animals, or plants to pollution;	1535

(2) Appropriation or regulation of privately owned property	1536
to preserve air, land, or water resources in a natural state or to	1537
wholly or partially restore them to a natural state;	1538

(3) Regulation of the collection, management, treatment,	1539
reduction, storage, or disposal of solid, hazardous, radioactive,	1540
or other wastes;	1541

(4) Plans or programs to promote or regulate the	1542
conservation, recycling, or reuse of energy, materials, or wastes.	1543

(B) Except as otherwise provided in division (E) of this	1544
section, when proposed legislation dealing with environmental	1545
protection or containing a component dealing with environmental	1546
protection is referred to a committee of the general assembly,	1547
other than a committee on rules or reference, the sponsor of the	1548
legislation, at the time of the first hearing of the legislation	1549
before the committee, shall submit to the members of the committee	1550
a written statement identifying either the documentation that is	1551
the basis of the legislation or the federal requirement or	1552
requirements with which the legislation is intended to comply. If	1553
the legislation is not based on documentation or has not been	1554
introduced to comply with a federal requirement or requirements,	1555
the written statement from the sponsor shall so indicate.	1556

Also at the time of the first hearing of the legislation	1557
before the committee, a statewide organization that represents	1558
businesses in this state and that elects its board of directors	1559
may submit to the members of the committee a written estimate of	1560
the costs to the regulated community in this state of complying	1561
with the legislation if it is enacted.	1562

At any hearing of the legislation before the committee, a	1563
representative of any state agency, environmental advocacy	1564
organization, or consumer advocacy organization or any private	1565
citizen may present documentation containing an estimate of the	1566
monetary and other costs to public health and safety and the	1567
environment and to consumers and residential utility customers,	1568
and the effects on property values, if the legislation is not	1569
enacted.	1570

(C) Until such time as the statement required under division	1571
(B) of this section is submitted to the committee to which	1572
proposed legislation dealing with environmental protection or	1573
containing a component dealing with environmental protection was	1574
referred, the legislation shall not be reported by that committee.	1575
This requirement does not apply if the component dealing with	1576
environmental protection is removed from the legislation or if	1577
two-thirds of the members of the committee vote in favor of a	1578
motion to report the proposed legislation.	1579

(D) Except as otherwise provided in division (E) of this	1580
section, prior to adopting a rule or an amendment proposed to a	1581
rule dealing with environmental protection or containing a	1582
component dealing with environmental protection, a state agency	1583
shall do all of the following:	1584

(1) Consult with organizations that represent political	1585
subdivisions, environmental interests, business interests, and	1586
other persons affected by the proposed rule or amendment;	1587

(2) Consider documentation relevant to the need for, the	1588
environmental benefits or consequences of, other benefits of, and	1589
the technological feasibility of the proposed rule or amendment;	1590

(3) Specifically identify whether the proposed rule or	1591
amendment is being adopted or amended to enable the state to	1592
obtain or maintain approval to administer and enforce a federal	1593
environmental law or to participate in a federal environmental	1594
program, whether the proposed rule or amendment is more stringent	1595
than its federal counterpart, and, if the proposed rule or	1596
amendment is more stringent, the rationale for not incorporating	1597
its federal counterpart;	1598

(4) Include with the proposed rule or amendment and the rule	1599
summary and fiscal analysis required under section 127.18 of the	1600
Revised Code, when they are filed with the joint committee on	1601
agency rule review in accordance with division (D) of section	1602
111.15 or division (H)(C) of section 119.03 of the Revised Code,	1603
one of the following in electronic form, as applicable:	1604

(a) The information identified under division (D)(3) of this	1605
section and, if the proposed rule or amendment is more stringent	1606
than its federal counterpart, as identified in that division, the	1607
documentation considered under division (D)(2) of this section;	1608

(b) If an amendment proposed to a rule is being adopted or	1609
amended under a state statute that establishes standards with	1610
which the amendment shall comply, and the proposed amendment is	1611
more stringent than the rule that it is proposing to amend, the	1612
documentation considered under division (D)(2) of this section;	1613

(c) If division (D)(4)(a) or (b) of this section is not	1614
applicable, the documentation considered under division (D)(2) of	1615
this section.	1616

If the agency subsequently files a revision of such a	1617
proposed rule or amendment in accordance with division (D) of	1618
section 111.15 or division (H)(C) of section 119.03 of the Revised	1619
Code, the revision shall be accompanied in electronic form by the	1620
applicable information or documentation.	1621

Division (D) of this section does not apply to any emergency	1622
rule adopted under division (B)(2) of section 111.15 or division	1623
(F)(G) of section 119.03 of the Revised Code, but does apply to	1624
any such rule that subsequently is adopted as a nonemergency rule	1625
under either of those divisions.	1626

The information or documentation submitted under division	1627
(D)(4) of this section may be in the form of a summary or index of	1628
available knowledge or information and shall consist of or be	1629
based upon the best available generally accepted knowledge or	1630
information in the appropriate fields, as determined by the agency	1631
that prepared the documentation.	1632

(E) The statement required under division (B) and the	1633
information or documentation required under division (D) of this	1634
section need not be prepared or submitted with regard to a	1635
proposed statute or rule, or an amendment to a rule, if the	1636
statute, rule, or amendment is procedural or budgetary in nature,	1637
or governs the organization or operation of a state agency, and	1638
will not affect the substantive rights or obligations of any	1639
person other than a state agency or an employee or contractor of a	1640
state agency.	1641

(F) The insufficiency, incompleteness, or inadequacy of a	1642
statement, information, documentation, or a summary of information	1643
or documentation provided in accordance with division (B) or (D)	1644
of this section shall not be grounds for invalidation of any	1645
statute, rule, or amendment to a rule.	1646

(G) This section applies only to the following:

1647

(1) Legislation and components of legislation dealing with	1648
environmental protection that are introduced in the general	1649
assembly after March 5, 1996;	1650

(2) Rules and rule amendments dealing with environmental	1651
protection that are filed with the joint committee on agency rule	1652
review in accordance with division (D) of section 111.15 or	1653
division (H)(C) of section 119.03 of the Revised Code after March	1654
5, 1996.	1655

Sec. 121.73.  As used in this section, "rule" has the same	1656
meaning as in section 121.71 of the Revised Code and also includes	1657
the rescission of an existing rule.	1658

(A) When an agency files the original or a revised version of	1659
a rule in proposed form under division (D) of section 111.15 or	1660
division (H)(C) of section 119.03, or a rule for review under	1661
section 119.032106.03 of the Revised Code, that incorporates a	1662
text or other material by reference, the agency also shall file in	1663
electronic form, one complete and accurate copy of the text or	1664
other material incorporated by reference with the joint committee	1665
on agency rule review. An agency is not, however, required to file	1666
a text or other material incorporated by reference with the joint	1667
committee if the agency revises a rule in proposed form that	1668
incorporates a text or other material by reference and the	1669
incorporation by reference in the revised version of the rule is	1670
identical to the incorporation by reference in the preceding	1671
version of the rule.	1672

If it is infeasible for the agency to file a text or other	1673
material incorporated by reference electronically, the agency, as	1674
soon as possible, but not later than three days after completing	1675
the electronic filing, shall deliver one complete and accurate	1676
copy of the text or other material incorporated by reference to	1677
the joint committee, and shall attach a memorandum to the text or	1678
other material identifying the filing to which it relates.	1679

An agency is not required to file a text or other material	1680
incorporated by reference into a rule that is proposed for	1681
rescission if it is infeasible for the agency to do so.	1682

An agency shall not file a copy of a text or other material	1683
incorporated by reference with the secretary of state or with the	1684
director of the legislative service commission.	1685

(B) Upon completing its review of a rule in proposed form, or	1686
its review of a rule, that incorporates a text or other material	1687
by reference, the joint committee shall forward its copy of the	1688
text or other material incorporated by reference to the director	1689
of the legislative service commission. The director shall maintain	1690
a file of texts and other materials that are or were incorporated	1691
by reference into rules.	1692

Sec. 121.74. As used in this section, "rule" has the same	1693
meaning as in section 121.71 of the Revised Code and also includes	1694
the rescission of an existing rule.	1695

When an agency files a rule in final form under division	1696
(B)(1) of section 111.15,or division (A)(1) of section 119.04,	1697
division (B)(1) of section 4141.14, or division (A) of section	1698
5703.14 of the Revised Code that incorporates or incorporated a	1699
text or other material by reference, the agency, prior to the	1700
effective date of the rule, shall either:	1701

(A) Deposit one complete and accurate copy of the text or	1702
other material incorporated by reference in each of the five	1703
depository libraries designated by the state library board; or	1704

(B) Display a complete and accurate copy of the text or other	1705
material incorporated by reference on a web site maintained or	1706
made available by the agency.	1707

An agency is not required to comply with this section if the	1708
text or other material incorporated by reference is identical to a	1709
text or other material the agency, at the time compliance with	1710
this section otherwise would be required, already is depositing or	1711
displaying under this section.	1712

Sec. 121.81. As used in sections 121.81 to 121.83 of the	1713
Revised Code:	1714

(A) "Agency" means a state agency that is required to file	1715
proposed rules for legislative review under division (D) of	1716
section 111.15 or division (H)(C) of section 119.03 of the Revised	1717
Code. "Agency" does not include the offices of governor,	1718
lieutenant governor, auditor of state, secretary of state,	1719
treasurer of state, or attorney general.	1720

(B) "Draft rule" means any newly proposed rule and any	1721
proposed amendment, adoption, or rescission of a rule prior to the	1722
filing of that rule for legislative review under division (D) of	1723
section 111.15 or division (H)(C) of section 119.03 of the Revised	1724
Code and includes a proposed amendment, adoption, or rescission of	1725
a rule in both its original and any revised form. "Draft rule"	1726
does not include an emergency rule adopted under division (B)(2)	1727
of section 111.15 or division (F)(G) of section 119.03 of the	1728
Revised Code, but does include a rule that is proposed to replace	1729
an emergency rule that expires under those divisions.	1730

Sections 121.81 to 121.83 and 121.91 of the Revised Code are	1731
complementary to sections 107.51 to 107.55 and 107.61 to 107.63 of	1732
the Revised Code.	1733

Sec. 121.811. The offices of the governor, lieutenant	1734
governor, auditor of state, secretary of state, treasurer of	1735
state, and attorney general shall comply with the business review	1736
provisions of sections 106.03 and 106.031 and 121.81 to 121.83 of	1737
the Revised Code, but are not required to submit any document to	1738
the common sense initiative office or to prepare any document that	1739
would have been prepared in response to recommendations of the	1740
common sense initiative office, but rather shall prepare all other	1741
documents required under the business review provisions and submit	1742
them directly to the joint committee on agency rule review along	1743
with the proposed or existing rule. The offices of the governor,	1744
lieutenant governor, auditor of state, secretary of state,	1745
treasurer of state, and attorney general are subject, however, to	1746
section 106.05 of the Revised Code.	1747

Sec. 121.82.  In the course of developing a draft rule that	1748
is intended to be proposed under division (D) of section 111.15 or	1749
division (H)(C) of section 119.03 of the Revised Code, an agency	1750
shall:	1751

(A) Evaluate the draft rule against the business impact	1752
analysis instrument. If, based on that evaluation, the draft rule	1753
will not have an adverse impact on businesses, the agency may	1754
proceed with the rule-filing process. If the evaluation determines	1755
that the draft rule will have an adverse impact on businesses, the	1756
agency shall incorporate features into the draft rule that will	1757
eliminate or adequately reduce any adverse impact the draft rule	1758
might have on businesses;	1759

(B) Prepare a business impact analysis that describes its	1760
evaluation of the draft rule against the business impact analysis	1761
instrument, that identifies any features that were incorporated	1762
into the draft rule as a result of the evaluation, and that	1763
explains how those features, if there were any, eliminate or	1764
adequately reduce any adverse impact the draft rule might have on	1765
businesses;	1766

(C) Transmit a copy of the full text of the draft rule and	1767
the business impact analysis electronically to the common sense	1768
initiative office, which information shall be made available to	1769
the public on the office's web site in accordance with section	1770
107.62 of the Revised Code;	1771

(D) Consider any recommendations made by the common sense	1772
initiative office with regard to the draft rule, and either	1773
incorporate into the draft rule features the recommendations	1774
suggest will eliminate or reduce any adverse impact the draft rule	1775
might have on businesses or document, in writing, the reasons	1776
those recommendations are not being incorporated into the draft	1777
rule; and	1778

(E) Prepare a memorandum of response identifying features	1779
suggested by any recommendations that were incorporated into the	1780
draft rule and features suggested by any recommendations that were	1781
not incorporated into the draft rule, explaining how the features	1782
that were incorporated into the draft rule eliminate or reduce any	1783
adverse impact the draft rule might have on businesses, and	1784
explaining why the features that were not incorporated into the	1785
draft rule were not incorporated.	1786

An agency may not file a proposed rule for legislative review	1787
under division (D) of section 111.15 or division (H)(C) of section	1788
119.03 of the Revised Code earlier than the sixteenth business day	1789
after electronically transmitting the draft rule to the common	1790
sense initiative office.	1791

Sec. 121.83.  (A) When an agency files a proposed rule for	1792
legislative review under division (D) of section 111.15 of the	1793
Revised Code or division (H) of section 119.03 of the Revised	1794
Code, the agency electronically shall file one copy of the	1795
business impact analysis, any recommendations received from the	1796
common sense initiative office, and the agency's memorandum of	1797
response, if any, along with the proposed rule.	1798

(B) The(1) Subject to section 106.05 of the Revised Code,	1799
the joint committee on agency rule review does not have	1800
jurisdiction to review, and shall reject, the filing of a proposed	1801
rule if, at any time while the proposed rule is in its possession,	1802
it discovers that the proposed rule might have an adverse impact	1803
on businesses and the agency has not included with the filing a	1804
business impact analysis or has included a business impact	1805
analysis that is inadequately prepared. The joint committee	1806
electronically shall return a filing that is rejected to the	1807
agency. Such a rejection does not preclude the agency from	1808
refiling the proposed rule after complying with section 121.82 of	1809
the Revised Code. When a filing is rejected under this division,	1810
it is as if the filing had not been made.	1811

(2) If the last previously filed version of a proposed rule,	1812
the filing of a later version of which has been rejected by the	1813
joint committee, remains in the possession of the joint committee,	1814
and if the time for legislative review of that previously filed	1815
version has expired, or if fewer than thirty days remain before	1816
the time for legislative review of that previously filed version	1817
expires, then the time for legislative review of that previously	1818
filed version is revived or extended, and recommendation of a	1819
concurrent resolution to invalidate that previously filed version	1820
may be adopted not later than the sixty-fifth day after the day on	1821
which the filing of the later version of the proposed rule was	1822
rejected. This deadline is subject to extension under section	1823
106.02 of the Revised Code.	1824

Sec. 121.91.  (A) Each state agency shall develop, and as it	1825
becomes necessary or advisable may improve, customer service	1826
standards for each employee of the agency whose duties include a	1827
significant level of contact with the public. The agency shall	1828
base the standards on the job descriptions of the positions that	1829
the employees hold in the agency. An agency is not required to	1830
adopt the standards by rule. A state agency that is created after	1831
the effective date of this amendment shall develop its initial	1832
customer service standards within six months after the effective	1833
date of the statute that creates the state agency.	1834

Each state agency shall reduce the standards to writing, and	1835
the standards shall be incorporated into employee policy manuals,	1836
job descriptions, and employee performance evaluations.	1837

The agency shall post its customer service standards, and any	1838
revisions therein, on its web site or, if the agency does not	1839
maintain a web site, on the state public notice web site.	1840

The common sense initiative office, upon the request of an	1841
agency, may review the agency's customer service standards and	1842
transmit any comments it has with regard to the standards to the	1843
agency.	1844

(B) The state agency, and its officers and employees, shall	1845
comply with the customer service performance standards that have	1846
been developed under division (A) of this section. A state	1847
agency's compliance with the standards shall be evaluated, by the	1848
director of budget and management and the committees of the senate	1849
and house of representatives having jurisdiction over the state	1850
operating budget, as part of the consideration of the state	1851
agency's biennial budget. (If the evaluation is of the office of	1852
budget and management, evaluation by the committees is	1853
sufficient.) An employee's compliance with the standards shall be	1854
evaluated as part of the employee's periodic performance reviews.	1855
A state agency's and employee's compliance with the standards may	1856
be evaluated as part of any performance audit of the state agency.	1857

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

1858

(1) "Rule-making agencyAgency" has the same meaning as	1859
defined in division (I) of section 119.01106.01 of the Revised	1860
Code.	1861

(2) "Rule" includes the adoption, amendment, or rescission of	1862
a rule.	1863

(3) "Proposed rule" means the original version of a proposed	1864
rule, and each revised version of the same proposed rule, that is	1865
filed with the joint committee on agency rule review under	1866
division (D) of section 111.15 or division (H)(C) of section	1867
119.03 of the Revised Code.	1868

(B) A rule-makingAn agency shall prepare, inon the form	1869
prescribeddesigned by the joint committee on agency rule review	1870
under division (E) of this section, a complete and accurate rule	1871
summary and fiscal analysis of each proposed rule that it files	1872
under division (D) of section 111.15 or division (H)(C) of	1873
section 119.03 of the Revised Code. The	1874

The joint committee on agency rule review shall design a form	1875
for the rule summary and fiscal analysis shall include all of.	1876
The form may solicit information such as the following	1877
information:	1878

(1) The name, address, and telephone number of the	1879
rule-making agency, and the name and, telephone number, and	1880
electronic mail address of an individual or office within the	1881
agency designated by that agency to be responsible for	1882
coordinating and making available information in the possession of	1883
the agency regarding the proposed rule;	1884

(2) The Ohio Administrative Code rule number of the proposed	1885
rule;	1886

(3) A brief summary of, and the legal basis for, the proposed	1887
rule, including citations identifying the statute that prescribes	1888
the procedure in accordance with which the rule-making agency is	1889
required to adopt the proposed rule, the statute that authorizes	1890
the agency to adopt the proposed rule, and the statute that the	1891
agency intends to amplify or implement by adopting the proposed	1892
rule;	1893

(4) An estimate, in dollars, of the amount by which the	1894
proposed rule would increase or decrease revenues or expenditures	1895
during the current biennium;	1896

(5) A citation identifying the appropriation that authorizes	1897
each expenditure that would be necessitated by the proposed rule;	1898

(6) A summary of the estimated cost of compliance with the	1899
rule to all directly affected persons;	1900

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

1901

(8) If the rule has a fiscal effect on school districts,	1902
counties, townships, or municipal corporations, an estimate in	1903
dollars of the cost of compliance with the rule, or, if dollar	1904
amounts cannot be determined, a written explanation of why it was	1905
not possible to ascertain dollar amounts;	1906

(9) If the rule has a fiscal effect on school districts,	1907
counties, townships, or municipal corporations and is the result	1908
of a federal requirement, a clear explanation that the proposed	1909
state rule does not exceed the scope and intent of the	1910
requirement, or, if the state rule does exceed the minimum	1911
necessary federal requirement, a justification of the excess cost,	1912
and an estimate of the costs, including those costs for local	1913
governments, exceeding the federal requirement;	1914

(10) If the rule has a fiscal effect on school districts,	1915
counties, townships, or municipal corporations, a comprehensive	1916
cost estimate that includes the procedure and method of	1917
calculating the costs of compliance and identifies major cost	1918
categories including personnel costs, new equipment or other	1919
capital costs, operating costs, and indirect central service costs	1920
related to the rule. The fiscal analysis shall also include a	1921
written explanation of the agency's and the affected local	1922
government's ability to pay for the new requirements and a	1923
statement of any impact the rule will have on economic	1924
development.	1925

(11) If the rule incorporates a text or other material by	1926
reference, and the agency claims the incorporation by reference is	1927
exempt from compliance with sections 121.71 to 121.74 of the	1928
Revised Code because the text or other material is generally	1929
available to persons who reasonably can be expected to be affected	1930
by the rule, an explanation of how the text or other material is	1931
generally available to those persons;	1932

(12) If the rule incorporates a text or other material by	1933
reference, and it was infeasible for the agency to file the text	1934
or other material electronically, an explanation of why filing the	1935
text or other material electronically was infeasible;	1936

(13) If the rule is being rescinded and incorporates a text	1937
or other material by reference, and it was infeasible for the	1938
agency to file the text or other material, an explanation of why	1939
filing the text or other material was infeasible;.	1940

(14) AnyThe rule summary and fiscal analysis form, instead	1941
of or in addition to the foregoing, may solicit any other	1942
information the joint committee on agency rule review considers	1943
necessary to make the proposed rule or the fiscal effect of the	1944
proposed rule fully understandable.	1945

(C) The rule-making agency shall file the rule summary and	1946
fiscal analysis in electronic form along with the proposed rule	1947
that it files under divisionsdivision (D) and (E) of section	1948
111.15 or divisions (B) and (H)(C) of section 119.03 of the	1949
Revised Code. The joint committee on agency rule review shall not	1950
accept any proposed rule for filing unless a copy of the rule	1951
summary and fiscal analysis of the proposed rule, completely and	1952
accurately prepared, is filed along with the proposed rule.	1953

(D) The joint committee on agency rule review shall review	1954
the fiscal effect of each proposed rule that is filed under	1955
division (D) of section 111.15 or division (H)(C) of section	1956
119.03 of the Revised Code.	1957

(E) The joint committee on agency rule review shall prescribe	1958
the form in which each rule-making agency shall prepare its rule	1959
summary and fiscal analysis of a proposed rule.	1960

Sec. 1531.08.  In conformity with Section 36 of Article II,	1961
Ohio Constitution, providing for the passage of laws for the	1962
conservation of the natural resources of the state, including	1963
streams, lakes, submerged lands, and swamplands, and in conformity	1964
with this chapter and Chapter 1533. of the Revised Code, the chief	1965
of the division of wildlife has authority and control in all	1966
matters pertaining to the protection, preservation, propagation,	1967
possession, and management of wild animals and may adopt rules	1968
under section 1531.10 of the Revised Code for the management of	1969
wild animals. Notwithstanding division (B) of section 119.03 of	1970
the Revised Code, such rules in proposed form shall be filed under	1971
this section. Each year there shall be a public fish hearing and	1972
public game hearing. The results of the investigation and public	1973
hearing shall be filed in the office of the chief and shall be	1974
kept open for public inspection during all regular office hours.	1975
Modifying or rescinding such rules does not require a public	1976
hearing.	1977

The chief may adopt, amend, rescind, and enforce rules	1978
throughout the state or in any part or waters thereof as provided	1979
by sections 1531.08 to 1531.12 and other sections of the Revised	1980
Code. The rules shall be filed in proposed form and available at	1981
the central wildlife office and at each of the wildlife district	1982
offices, including the Lake Erie unit located at Sandusky, at	1983
least thirty days prior to the date of the hearing required by	1984
division (C)(D) of section 119.03 of the Revised Code. The rules	1985
shall be based upon a public hearing and investigation of the best	1986
available biological information derived from professionally	1987
accepted practices in wildlife and fisheries management.	1988

Each rule adopted under this section shall clearly and	1989
distinctly describe and set forth the waters or area or part	1990
thereof affected by the rule and whether the rule is applicable to	1991
all wild animals or only to certain kinds of species designated	1992
therein.	1993

The chief may regulate any of the following:

1994

(A) Taking and possessing wild animals, at any time and place	1995
or in any number, quantity, or length, and in any manner, and with	1996
such devices as hethe chief prescribes;	1997

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

1998

(C) Buying, selling, offering for sale, or exposing for sale	1999
any such animal or part thereof;	2000

(D) Taking, possessing, transporting, buying, selling,	2001
offering for sale, and exposing for sale commercial fish or any	2002
part thereof, including species taken, length, weight, method of	2003
taking, mesh sizes, specifications of nets and other fishing	2004
devices, seasons, and time and place of taking.	2005

When the chief increases the size of a fish named in section	2006
1533.63 of the Revised Code, any fish that were legally taken,	2007
caught, or possessed prior to the increase may be possessed after	2008
the increase if the possession of the fish has been reported to	2009
the chief prior to the increase, but on or after the date of the	2010
increase the fish may not be sold to a buyer in this state.	2011

Sec. 3319.22.  (A)(1) The state board of education shall	2012
issue the following educator licenses:	2013

(a) A resident educator license, which shall be valid for	2014
four years, except that the state board, on a case-by-case basis,	2015
may extend the license's duration as necessary to enable the	2016
license holder to complete the Ohio teacher residency program	2017
established under section 3319.223 of the Revised Code;	2018

(b) A professional educator license, which shall be valid for	2019
five years and shall be renewable;	2020

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

(d) A lead professional educator license, which shall be	2023
valid for five years and shall be renewable.	2024

(2) The state board may issue any additional educator	2025
licenses of categories, types, and levels the board elects to	2026
provide.	2027

(3) The state board shall adopt rules establishing the	2028
standards and requirements for obtaining each educator license	2029
issued under this section.	2030

(B) The rules adopted under this section shall require at	2031
least the following standards and qualifications for the educator	2032
licenses described in division (A)(1) of this section:	2033

(1) An applicant for a resident educator license shall hold	2034
at least a bachelor's degree from an accredited teacher	2035
preparation program or be a participant in the teach for America	2036
program and meet the qualifications required under section	2037
3319.227 of the Revised Code.	2038

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

2039

(a) Hold at least a bachelor's degree from an institution of	2040
higher education accredited by a regional accrediting	2041
organization;	2042

(b) Have successfully completed the Ohio teacher residency	2043
program established under section 3319.223 of the Revised Code, if	2044
the applicant's current or most recently issued license is a	2045
resident educator license issued under this section or an	2046
alternative resident educator license issued under section 3319.26	2047
of the Revised Code.	2048

(3) An applicant for a senior professional educator license	2049
shall:	2050

(a) Hold at least a master's degree from an institution of	2051
higher education accredited by a regional accrediting	2052
organization;	2053

(b) Have previously held a professional educator license	2054
issued under this section or section 3319.222 or under former	2055
section 3319.22 of the Revised Code;	2056

(c) Meet the criteria for the accomplished or distinguished	2057
level of performance, as described in the standards for teachers	2058
adopted by the state board under section 3319.61 of the Revised	2059
Code.	2060

(4) An applicant for a lead professional educator license	2061
shall:	2062

(a) Hold at least a master's degree from an institution of	2063
higher education accredited by a regional accrediting	2064
organization;	2065

(b) Have previously held a professional educator license or a	2066
senior professional educator license issued under this section or	2067
a professional educator license issued under section 3319.222 or	2068
former section 3319.22 of the Revised Code;	2069

(c) Meet the criteria for the distinguished level of	2070
performance, as described in the standards for teachers adopted by	2071
the state board under section 3319.61 of the Revised Code;	2072

(d) Either hold a valid certificate issued by the national	2073
board for professional teaching standards or meet the criteria for	2074
a master teacher or other criteria for a lead teacher adopted by	2075
the educator standards board under division (F)(4) or (5) of	2076
section 3319.61 of the Revised Code.	2077

(C) The state board shall align the standards and	2078
qualifications for obtaining a principal license with the	2079
standards for principals adopted by the state board under section	2080
3319.61 of the Revised Code.	2081

(D) If the state board requires any examinations for educator	2082
licensure, the department of education shall provide the results	2083
of such examinations received by the department to the chancellor	2084
of the Ohio board of regents, in the manner and to the extent	2085
permitted by state and federal law.	2086

(E) Any rules the state board of education adopts, amends, or	2087
rescinds for educator licenses under this section, division (D) of	2088
section 3301.07 of the Revised Code, or any other law shall be	2089
adopted, amended, or rescinded under Chapter 119. of the Revised	2090
Code except as follows:	2091

(1) Notwithstanding division (D)(E) of section 119.03 and	2092
division (A)(1) of section 119.04 of the Revised Code, in the case	2093
of the adoption of any rule or the amendment or rescission of any	2094
rule that necessitates institutions' offering preparation programs	2095
for educators and other school personnel that are approved by the	2096
chancellor of the Ohio board of regents under section 3333.048 of	2097
the Revised Code to revise the curriculum of those programs, the	2098
effective date shall not be as prescribed in division (D)(E) of	2099
section 119.03 and division (A)(1) of section 119.04 of the	2100
Revised Code. Instead, the effective date of such rules, or the	2101
amendment or rescission of such rules, shall be the date	2102
prescribed by section 3333.048 of the Revised Code.	2103

(2) Notwithstanding the authority to adopt, amend, or rescind	2104
emergency rules in division (F)(G) of section 119.03 of the	2105
Revised Code, this authority shall not apply to the state board of	2106
education with regard to rules for educator licenses.	2107

(F)(1) The rules adopted under this section establishing	2108
standards requiring additional coursework for the renewal of any	2109
educator license shall require a school district and a chartered	2110
nonpublic school to establish local professional development	2111
committees. In a nonpublic school, the chief administrative	2112
officer shall establish the committees in any manner acceptable to	2113
such officer. The committees established under this division shall	2114
determine whether coursework that a district or chartered	2115
nonpublic school teacher proposes to complete meets the	2116
requirement of the rules. The department of education shall	2117
provide technical assistance and support to committees as the	2118
committees incorporate the professional development standards	2119
adopted by the state board of education pursuant to section	2120
3319.61 of the Revised Code into their review of coursework that	2121
is appropriate for license renewal. The rules shall establish a	2122
procedure by which a teacher may appeal the decision of a local	2123
professional development committee.	2124

(2) In any school district in which there is no exclusive	2125
representative established under Chapter 4117. of the Revised	2126
Code, the professional development committees shall be established	2127
as described in division (F)(2) of this section.	2128

Not later than the effective date of the rules adopted under	2129
this section, the board of education of each school district shall	2130
establish the structure for one or more local professional	2131
development committees to be operated by such school district. The	2132
committee structure so established by a district board shall	2133
remain in effect unless within thirty days prior to an anniversary	2134
of the date upon which the current committee structure was	2135
established, the board provides notice to all affected district	2136
employees that the committee structure is to be modified.	2137
Professional development committees may have a district-level or	2138
building-level scope of operations, and may be established with	2139
regard to particular grade or age levels for which an educator	2140
license is designated.	2141

Each professional development committee shall consist of at	2142
least three classroom teachers employed by the district, one	2143
principal employed by the district, and one other employee of the	2144
district appointed by the district superintendent. For committees	2145
with a building-level scope, the teacher and principal members	2146
shall be assigned to that building, and the teacher members shall	2147
be elected by majority vote of the classroom teachers assigned to	2148
that building. For committees with a district-level scope, the	2149
teacher members shall be elected by majority vote of the classroom	2150
teachers of the district, and the principal member shall be	2151
elected by a majority vote of the principals of the district,	2152
unless there are two or fewer principals employed by the district,	2153
in which case the one or two principals employed shall serve on	2154
the committee. If a committee has a particular grade or age level	2155
scope, the teacher members shall be licensed to teach such grade	2156
or age levels, and shall be elected by majority vote of the	2157
classroom teachers holding such a license and the principal shall	2158
be elected by all principals serving in buildings where any such	2159
teachers serve. The district superintendent shall appoint a	2160
replacement to fill any vacancy that occurs on a professional	2161
development committee, except in the case of vacancies among the	2162
elected classroom teacher members, which shall be filled by vote	2163
of the remaining members of the committee so selected.	2164

Terms of office on professional development committees shall	2165
be prescribed by the district board establishing the committees.	2166
The conduct of elections for members of professional development	2167
committees shall be prescribed by the district board establishing	2168
the committees. A professional development committee may include	2169
additional members, except that the majority of members on each	2170
such committee shall be classroom teachers employed by the	2171
district. Any member appointed to fill a vacancy occurring prior	2172
to the expiration date of the term for which a predecessor was	2173
appointed shall hold office as a member for the remainder of that	2174
term.	2175

The initial meeting of any professional development	2176
committee, upon election and appointment of all committee members,	2177
shall be called by a member designated by the district	2178
superintendent. At this initial meeting, the committee shall	2179
select a chairperson and such other officers the committee deems	2180
necessary, and shall adopt rules for the conduct of its meetings.	2181
Thereafter, the committee shall meet at the call of the	2182
chairperson or upon the filing of a petition with the district	2183
superintendent signed by a majority of the committee members	2184
calling for the committee to meet.	2185

(3) In the case of a school district in which an exclusive	2186
representative has been established pursuant to Chapter 4117. of	2187
the Revised Code, professional development committees shall be	2188
established in accordance with any collective bargaining agreement	2189
in effect in the district that includes provisions for such	2190
committees.	2191

If the collective bargaining agreement does not specify a	2192
different method for the selection of teacher members of the	2193
committees, the exclusive representative of the district's	2194
teachers shall select the teacher members.	2195

If the collective bargaining agreement does not specify a	2196
different structure for the committees, the board of education of	2197
the school district shall establish the structure, including the	2198
number of committees and the number of teacher and administrative	2199
members on each committee; the specific administrative members to	2200
be part of each committee; whether the scope of the committees	2201
will be district levels, building levels, or by type of grade or	2202
age levels for which educator licenses are designated; the lengths	2203
of terms for members; the manner of filling vacancies on the	2204
committees; and the frequency and time and place of meetings.	2205
However, in all cases, except as provided in division (F)(4) of	2206
this section, there shall be a majority of teacher members of any	2207
professional development committee, there shall be at least five	2208
total members of any professional development committee, and the	2209
exclusive representative shall designate replacement members in	2210
the case of vacancies among teacher members, unless the collective	2211
bargaining agreement specifies a different method of selecting	2212
such replacements.	2213

(4) Whenever an administrator's coursework plan is being	2214
discussed or voted upon, the local professional development	2215
committee shall, at the request of one of its administrative	2216
members, cause a majority of the committee to consist of	2217
administrative members by reducing the number of teacher members	2218
voting on the plan.	2219

(G)(1) The department of education, educational service	2220
centers, county boards of developmental disabilities, regional	2221
professional development centers, special education regional	2222
resource centers, college and university departments of education,	2223
head start programs, and the Ohio education computer network may	2224
establish local professional development committees to determine	2225
whether the coursework proposed by their employees who are	2226
licensed or certificated under this section or section 3319.222 of	2227
the Revised Code, or under the former version of either section as	2228
it existed prior to October 16, 2009, meet the requirements of the	2229
rules adopted under this section. They may establish local	2230
professional development committees on their own or in	2231
collaboration with a school district or other agency having	2232
authority to establish them.	2233

Local professional development committees established by	2234
county boards of developmental disabilities shall be structured in	2235
a manner comparable to the structures prescribed for school	2236
districts in divisions (F)(2) and (3) of this section, as shall	2237
the committees established by any other entity specified in	2238
division (G)(1) of this section that provides educational services	2239
by employing or contracting for services of classroom teachers	2240
licensed or certificated under this section or section 3319.222 of	2241
the Revised Code, or under the former version of either section as	2242
it existed prior to October 16, 2009. All other entities specified	2243
in division (G)(1) of this section shall structure their	2244
committees in accordance with guidelines which shall be issued by	2245
the state board.	2246

(2) Any public agency that is not specified in division	2247
(G)(1) of this section but provides educational services and	2248
employs or contracts for services of classroom teachers licensed	2249
or certificated under this section or section 3319.222 of the	2250
Revised Code, or under the former version of either section as it	2251
existed prior to October 16, 2009, may establish a local	2252
professional development committee, subject to the approval of the	2253
department of education. The committee shall be structured in	2254
accordance with guidelines issued by the state board.	2255

Sec. 3319.221.  (A) The state board of education shall adopt	2256
rules establishing the standards and requirements for obtaining a	2257
school nurse license and a school nurse wellness coordinator	2258
license. At a minimum, the rules shall require that an applicant	2259
for a school nurse license be licensed as a registered nurse under	2260
Chapter 4723. of the Revised Code.	2261

(B) If the state board requires any examinations for	2262
licensure under this section, the department of education shall	2263
provide the examination results received by the department to the	2264
chancellor of the Ohio board of regents, in the manner and to the	2265
extent permitted by state and federal law.	2266

(C) Any rules for licenses described in this section that the	2267
state board adopts, amends, or rescinds under this section,	2268
division (D) of section 3301.07 of the Revised Code, or any other	2269
law shall be adopted, amended, or rescinded under Chapter 119. of	2270
the Revised Code, except that the authority to adopt, amend, or	2271
rescind emergency rules under division (F)(G) of section 119.03 of	2272
the Revised Code shall not apply to the state board with respect	2273
to rules for licenses described in this section.	2274

(D) Any registered nurse employed by a school district in the	2275
capacity of school nurse on January 1, 1973, or any registered	2276
nurse employed by a city or general health district on January 1,	2277
1973, to serve full-time in the capacity of school nurse in one or	2278
more school districts, shall be considered to have fulfilled the	2279
requirements for the issuance of a school nurse license under this	2280
section.	2281

Sec. 3333.021.  As used in this section, "university" means	2282
any college or university that receives a state appropriation.	2283

(A) This division does not apply to proposed rules,	2284
amendments, or rescissions subject to legislative review under	2285
division (I) of section 119.03106.02 of the Revised Code. No	2286
action taken by the chancellor of the Ohio board of regents that	2287
could reasonably be expected to have an effect on the revenue or	2288
expenditures of any university shall take effect unless at least	2289
two weeks prior to the date on which the action is taken, the	2290
chancellor has filed with the speaker of the house of	2291
representatives, the president of the senate, the legislative	2292
budget office of the legislative service commission, and the	2293
director of budget and management a fiscal analysis of the	2294
proposed action. The analysis shall include an estimate of the	2295
amount by which, during the current and ensuing fiscal biennium,	2296
the action would increase or decrease the university's revenues or	2297
expenditures and increase or decrease any state expenditures and	2298
any other information the chancellor considers necessary to	2299
explain the action's fiscal effect.	2300

(B) Within three days of the date the chancellor files with	2301
the clerk of the senate a proposed rule, amendment, or rescission	2302
that is subject to legislative review and invalidation under	2303
division (I) of section 119.03106.02 of the Revised Code, the	2304
chancellor shall file with the speaker of the house of	2305
representatives, the president of the senate, the legislative	2306
budget office of the legislative service commission, and the	2307
director of budget and management a fiscal analysis of the	2308
proposed rule. The analysis shall include an estimate of the	2309
amount by which, during the current and ensuing fiscal biennium,	2310
the action would increase or decrease any university's revenues or	2311
expenditures and increase or decrease state revenues or	2312
expenditures and any other information the chancellor considers	2313
necessary to explain the fiscal effect of the rule, amendment, or	2314
rescission. No rule, amendment, or rescission shall take effect	2315
unless the chancellor has complied with this division.	2316

Sec. 3333.048.  (A) Not later than one year after October 16,	2317
2009, the chancellor of the Ohio board of regents and the	2318
superintendent of public instruction jointly shall do the	2319
following:	2320

(1) In accordance with Chapter 119. of the Revised Code,	2321
establish metrics and educator preparation programs for the	2322
preparation of educators and other school personnel and the	2323
institutions of higher education that are engaged in their	2324
preparation. The metrics and educator preparation programs shall	2325
be aligned with the standards and qualifications for educator	2326
licenses adopted by the state board of education under section	2327
3319.22 of the Revised Code and the requirements of the Ohio	2328
teacher residency program established under section 3319.223 of	2329
the Revised Code. The metrics and educator preparation programs	2330
also shall ensure that educators and other school personnel are	2331
adequately prepared to use the value-added progress dimension	2332
prescribed by section 3302.021 of the Revised Code or the	2333
alternative student academic progress measure if adopted under	2334
division (C)(1)(e) of section 3302.03 of the Revised Code.	2335

(2) Provide for the inspection of institutions of higher	2336
education desiring to prepare educators and other school	2337
personnel.	2338

(B) Not later than one year after October 16, 2009, the	2339
chancellor shall approve institutions of higher education engaged	2340
in the preparation of educators and other school personnel that	2341
maintain satisfactory training procedures and records of	2342
performance, as determined by the chancellor.	2343

(C) If the metrics established under division (A)(1) of this	2344
section require an institution of higher education that prepares	2345
teachers to satisfy the standards of an independent accreditation	2346
organization, the chancellor shall permit each institution to	2347
satisfy the standards of either the national council for	2348
accreditation of teacher education or the teacher education	2349
accreditation council.	2350

(D) The metrics and educator preparation programs established	2351
under division (A)(1) of this section may require an institution	2352
of higher education, as a condition of approval by the chancellor,	2353
to make changes in the curricula of its preparation programs for	2354
educators and other school personnel.	2355

Notwithstanding division (D)(E) of section 119.03 and	2356
division (A)(1) of section 119.04 of the Revised Code, any	2357
metrics, educator preparation programs, rules, and regulations, or	2358
any amendment or rescission of such metrics, educator preparation	2359
programs, rules, and regulations, adopted under this section that	2360
necessitate institutions offering preparation programs for	2361
educators and other school personnel approved by the chancellor to	2362
revise the curricula of those programs shall not be effective for	2363
at least one year after the first day of January next succeeding	2364
the publication of the said change.	2365

Each institution shall allocate money from its existing	2366
appropriations to pay the cost of making the curricular changes.	2367

(E) The chancellor shall notify the state board of the	2368
metrics and educator preparation programs established under	2369
division (A)(1) of this section and the institutions of higher	2370
education approved under division (B) of this section. The state	2371
board shall publish the metrics, educator preparation programs,	2372
and approved institutions with the standards and qualifications	2373
for each type of educator license.	2374

(F) The graduates of institutions of higher education	2375
approved by the chancellor shall be licensed by the state board in	2376
accordance with the standards and qualifications adopted under	2377
section 3319.22 of the Revised Code.	2378

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

2379

"Rule" includes the enactment of a new rule or the amendment	2380
or rescission of an existing rule.	2381

"State institution of higher education" means a state	2382
university identified in section 3345.011 of the Revised Code, the	2383
northeast Ohio medical university, or a community college, state	2384
community college, or technical college.	2385

(B) When a state institution of higher education adopts a	2386
rule, the state institution of higher education shall post the	2387
rule on its web site, and the director of the legislative service	2388
commission shall publish or cause publication of the rule in the	2389
register of Ohio and in any electronic Administrative Code	2390
published by or under contract with the director. The state	2391
institution of higher education also electronically shall file a	2392
copy of the rule with the joint committee on agency rule review.	2393
The rule is not subject to review by the joint committee. But the	2394
joint committee shall accommodate the rule to the rule watch	2395
system.	2396

(C) A state institution of higher education shall maintain	2397
the posting of its rules on its web site, and periodically shall	2398
verify the posting. A state institution of higher education is not	2399
entitled to rely on a rule that is not currently posted on its web	2400
site.	2401

Sec. 3701.34. (A) The Ohio public health advisory board shall	2402
review and make recommendations to the director of health on all	2403
of the following:	2404

(1) Developing and adopting proposed rules under Chapters	2405
3701 and 3717 of the Administrative Code;	2406

(2) Prescribing proposed fees for services provided by the	2407
office of vital statistics and the bureau of environmental health;	2408

(3) Issues to improve public health and increase awareness of	2409
public health issues at the state level, local level, or both;	2410

(4) Any other public health issues that the director requests	2411
the board to consider.	2412

(B) In making recommendations to the director under division	2413
(A)(1) of this section, all of the following apply:	2414

(1) Prior to filing a proposed rule with the joint committee	2415
on agency rule review, the department of health shall provide each	2416
board member with a copy of the proposed rule, copies of public	2417
comments received by the department during the public comment	2418
period, and written evidence of stakeholder involvement.	2419

(2) Prior to board meetings, copies of proposed rules shall	2420
be provided to members. On request of a member, the department	2421
shall ensure that appropriate department employees attend board	2422
meetings to answer questions concerning proposed rules.	2423

(3)(a) Not later than sixty days after receiving a copy of a	2424
proposed rule, the board shall recommend approval or disapproval	2425
of the rule and submit its recommendation by board action to the	2426
director. In making its recommendation, the board may consider	2427
public comments provided to the department or the board.	2428

(b) If the board fails to make a recommendation within sixty	2429
days of receiving a copy of the proposed rule, the director may	2430
file the proposed rule.	2431

(4) Except as provided in division (B)(3)(b) of this section,	2432
the director shall consider the board's recommendation before	2433
filing a proposed rule. On request of the board, the director	2434
shall meet with the board to discuss the board's recommendation.	2435

(5) If the director disagrees with the board's	2436
recommendation, the director shall inform the board in writing of	2437
the director's decision and the reason for the decision prior to	2438
the next quarterly meeting. The director or the director's	2439
designee may meet with the board at the next quarterly meeting to	2440
answer questions regarding why the director disagreed with the	2441
board's recommendation.	2442

(C) To the extent the board believes that a proposed rule	2443
does not comply with requirements established by the joint	2444
committee on agency rule review or the common sense initiative	2445
office, nothing in this section prohibits the board, in carrying	2446
out its duties under division (A)(1) of this section, from	2447
contacting the joint committee on agency rule review or the common	2448
sense initiative office.	2449

(D) In making recommendations under division (A)(2) of this	2450
section for prescribing proposed fees for services provided by the	2451
bureau of environmental health, the board and the department shall	2452
develop a cost methodology subject to approval by the director.	2453

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

2454

(1) A proposed rule that is to be refiled with the joint	2455
committee on agency rule review solely because of technical or	2456
other nonsubstantive revisions;	2457

(2) The emergency adoption, amendment, or rescission of a	2458
rule under division (F)(G) of section 119.03 of the Revised Code.	2459

Sec. 3737.88.  (A)(1) The fire marshal shall have	2460
responsibility for implementation of the underground storage tank	2461
program and corrective action program for releases of petroleum	2462
from underground storage tanks established by the "Resource	2463
Conservation and Recovery Act of 1976," 90 Stat. 2795, 42 U.S.C.A.	2464
6901, as amended. To implement the programs, the fire marshal may	2465
adopt, amend, and rescind such rules, conduct such inspections,	2466
require annual registration of underground storage tanks, issue	2467
such citations and orders to enforce those rules, enter into	2468
environmental covenants in accordance with sections 5301.80 to	2469
5301.92 of the Revised Code, and perform such other duties, as are	2470
consistent with those programs. The fire marshal, by rule, may	2471
delegate the authority to conduct inspections of underground	2472
storage tanks to certified fire safety inspectors.	2473

(2) In the place of any rules regarding release containment	2474
and release detection for underground storage tanks adopted under	2475
division (A)(1) of this section, the fire marshal, by rule, shall	2476
designate areas as being sensitive for the protection of human	2477
health and the environment and adopt alternative rules regarding	2478
release containment and release detection methods for new and	2479
upgraded underground storage tank systems located in those areas.	2480
In designating such areas, the fire marshal shall take into	2481
consideration such factors as soil conditions, hydrogeology, water	2482
use, and the location of public and private water supplies. Not	2483
later than July 11, 1990, the fire marshal shall file the rules	2484
required under this division with the secretary of state, director	2485
of the legislative service commission, and joint committee on	2486
agency rule review in accordance with divisions (B) and (H)(C) of	2487
section 119.03 of the Revised Code.	2488

(3) Notwithstanding sections 3737.87 to 3737.89 of the	2489
Revised Code, a person who is not a responsible person, as	2490
determined by the fire marshal pursuant to this chapter, may	2491
conduct a voluntary action in accordance with Chapter 3746. of the	2492
Revised Code and rules adopted under it for either of the	2493
following:	2494

(a) A class C release;

2495

(b) A release, other than a class C release, that is subject	2496
to the rules adopted by the fire marshal under division (B) of	2497
section 3737.882 of the Revised Code pertaining to a corrective	2498
action, provided that both of the following apply:	2499

(i) The voluntary action also addresses hazardous substances	2500
or petroleum that is not subject to the rules adopted under	2501
division (B) of section 3737.882 of the Revised Code pertaining to	2502
a corrective action.	2503

(ii) The fire marshal has not issued an administrative order	2504
concerning the release or referred the release to the attorney	2505
general for enforcement.	2506

The director of environmental protection, pursuant to section	2507
3746.12 of the Revised Code, may issue a covenant not to sue to	2508
any person who properly completes a voluntary action with respect	2509
to any such release in accordance with Chapter 3746. of the	2510
Revised Code and rules adopted under it.	2511

(B) Before adopting any rule under this section or section	2512
3737.881 or 3737.882 of the Revised Code, the fire marshal shall	2513
file written notice of the proposed rule with the chairperson of	2514
the state fire council, and, within sixty days after notice is	2515
filed, the council may file responses to or comments on and may	2516
recommend alternative or supplementary rules to the fire marshal.	2517
At the end of the sixty-day period or upon the filing of	2518
responses, comments, or recommendations by the council, the fire	2519
marshal may adopt the rule filed with the council or any	2520
alternative or supplementary rule recommended by the council.	2521

(C) The state fire council may recommend courses of action to	2522
be taken by the fire marshal in carrying out the fire marshal's	2523
duties under this section. The council shall file its	2524
recommendations in the office of the fire marshal, and, within	2525
sixty days after the recommendations are filed, the fire marshal	2526
shall file with the chairperson of the council comments on, and	2527
proposed action in response to, the recommendations.	2528

(D) For the purpose of sections 3737.87 to 3737.89 of the	2529
Revised Code, the fire marshal shall adopt, and may amend and	2530
rescind, rules identifying or listing hazardous substances. The	2531
rules shall be consistent with and equivalent in scope, coverage,	2532
and content to regulations identifying or listing hazardous	2533
substances adopted under the "Comprehensive Environmental	2534
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779,	2535
42 U.S.C.A. 9602, as amended, except that the fire marshal shall	2536
not identify or list as a hazardous substance any hazardous waste	2537
identified or listed in rules adopted under division (A) of	2538
section 3734.12 of the Revised Code.	2539

(E) Except as provided in division (A)(3) of this section,	2540
the fire marshal shall have exclusive jurisdiction to regulate the	2541
storage, treatment, and disposal of petroleum contaminated soil	2542
generated from corrective actions undertaken in response to	2543
releases of petroleum from underground storage tank systems. The	2544
fire marshal may adopt, amend, or rescind such rules as the fire	2545
marshal considers to be necessary or appropriate to regulate the	2546
storage, treatment, or disposal of petroleum contaminated soil so	2547
generated.	2548

(F) The fire marshal shall adopt, amend, and rescind rules	2549
under sections 3737.88 to 3737.883 of the Revised Code in	2550
accordance with Chapter 119. of the Revised Code.	2551

Sec. 3746.04.  Within one year after September 28, 1994, the	2552
director of environmental protection, in accordance with Chapter	2553
119. of the Revised Code, shall adopt, and subsequently may amend,	2554
suspend, or rescind, rules that do both of the following:	2555

(A) Revise the rules adopted under Chapters 3704., 3714.,	2556
3734., 6109., and 6111. of the Revised Code to incorporate the	2557
provisions necessary to conform those rules to the requirements of	2558
this chapter. The amended rules adopted under this division also	2559
shall establish response times for all submittals to the	2560
environmental protection agency required under this chapter or	2561
rules adopted under it.	2562

(B) Establish requirements and procedures that are reasonably	2563
necessary for the implementation and administration of this	2564
chapter, including, without limitation, all of the following:	2565

(1) Appropriate generic numerical clean-up standards for the	2566
treatment or removal of soils, sediments, and water media for	2567
hazardous substances and petroleum. The rules shall establish	2568
separate generic numerical clean-up standards based upon the	2569
intended use of properties after the completion of voluntary	2570
actions, including industrial, commercial, and residential uses	2571
and such other categories of land use as the director considers to	2572
be appropriate. The generic numerical clean-up standards	2573
established for each category of land use shall be the	2574
concentration of each contaminant that may be present on a	2575
property that shall ensure protection of public health and safety	2576
and the environment for the reasonable exposure for that category	2577
of land use. When developing the standards, the director shall	2578
consider such factors as all of the following:	2579

(a) Scientific information, including, without limitation,	2580
toxicological information and realistic assumptions regarding	2581
human and environmental exposure to hazardous substances or	2582
petroleum;	2583

(b) Climatic factors;

2584

(c) Human activity patterns;

2585

(d) Current statistical techniques;

2586

(e) For petroleum at industrial property, alternatives to the	2587
use of total petroleum hydrocarbons.	2588

The generic numerical clean-up standards established in the	2589
rules adopted under division (B)(1) of this section shall be	2590
consistent with and equivalent in scope, content, and coverage to	2591
any applicable standard established by federal environmental laws	2592
and regulations adopted under them, including, without limitation,	2593
the "Federal Water Pollution Control Act Amendments of 1972," 86	2594
Stat. 886, 33 U.S.C.A. 1251, as amended; the "Resource	2595
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	2596
6921, as amended; the "Toxic Substances Control Act," 90 Stat.	2597
2003 (1976), 15 U.S.C.A. 2601, as amended; the "Comprehensive	2598
Environmental Response, Compensation, and Liability Act of 1980,"	2599
94 Stat. 2779, 42 U.S.C.A. 9601, as amended; and the "Safe	2600
Drinking Water Act," 88 Stat. 1660 (1974), 42 U.S.C.A. 300f, as	2601
amended.	2602

In order for the rules adopted under division (B)(1) of this	2603
section to require that any such federal environmental standard	2604
apply to a property, the property shall meet the requirements of	2605
the particular federal statute or regulation involved in the	2606
manner specified by the statute or regulation.	2607

The generic numerical clean-up standards for petroleum at	2608
commercial or residential property shall be the standards	2609
established in rules adopted under division (B) of section	2610
3737.882 of the Revised Code.	2611

(2)(a) Procedures for performing property-specific risk	2612
assessments that would be performed at a property to demonstrate	2613
that the remedy evaluated in a risk assessment results in	2614
protection of public health and safety and the environment instead	2615
of complying with the generic numerical clean-up standards	2616
established in the rules adopted under division (B)(1) of this	2617
section. The risk assessment procedures shall describe a	2618
methodology to establish, on a property-specific basis, allowable	2619
levels of contamination to remain at a property to ensure	2620
protection of public health and safety and the environment on the	2621
property and off the property when the contamination is emanating	2622
off the property, taking into account all of the following:	2623

(i) The implementation of treatment, storage, or disposal, or	2624
a combination thereof, of hazardous substances or petroleum;	2625

(ii) The existence of institutional controls or activity and	2626
use limitations that eliminate or mitigate exposure to hazardous	2627
substances or petroleum through the restriction of access to	2628
hazardous substances or petroleum;	2629

(iii) The existence of engineering controls that eliminate or	2630
mitigate exposure to hazardous substances or petroleum through	2631
containment of, control of, or restrictions of access to hazardous	2632
substances or petroleum, including, without limitation, fences,	2633
cap systems, cover systems, and landscaping.	2634

(b) The risk assessment procedures and levels of acceptable	2635
risk set forth in the rules adopted under division (B)(2) of this	2636
section shall be based upon all of the following:	2637

(i) Scientific information, including, without limitation,	2638
toxicological information and actual or proposed human and	2639
environmental exposure;	2640

(ii) Locational and climatic factors;

2641

(iii) Surrounding land use and human activities;

2642

(iv) Differing levels of remediation that may be required	2643
when an existing land use is continued compared to when a	2644
different land use follows the remediation.	2645

(c) Any standards established pursuant to rules adopted under	2646
division (B)(2) of this section shall be no more stringent than	2647
standards established under the environmental statutes of this	2648
state and rules adopted under them for the same contaminant in the	2649
same environmental medium that are in effect at the time the risk	2650
assessment is conducted.	2651

(3) Minimum standards for phase I property assessments. The	2652
standards shall specify the information needed to demonstrate that	2653
there is no reason to believe that contamination exists on a	2654
property. The rules adopted under division (B)(3) of this section,	2655
at a minimum, shall require that a phase I property assessment	2656
include all of the following:	2657

(a) A review and analysis of deeds, mortgages, easements of	2658
record, and similar documents relating to the chain of title to	2659
the property that are publicly available or that are known to and	2660
reasonably available to the owner or operator;	2661

(b) A review and analysis of any previous environmental	2662
assessments, property assessments, environmental studies, or	2663
geologic studies of the property and any land within two thousand	2664
feet of the boundaries of the property that are publicly available	2665
or that are known to and reasonably available to the owner or	2666
operator;	2667

(c) A review of current and past environmental compliance	2668
histories of persons who owned or operated the property;	2669

(d) A review of aerial photographs of the property that	2670
indicate prior uses of the property;	2671

(e) Interviews with managers of activities conducted at the	2672
property who have knowledge of environmental conditions at the	2673
property;	2674

(f) Conducting an inspection of the property consisting of a	2675
walkover;	2676

(g) Identifying the current and past uses of the property,	2677
adjoining tracts of land, and the area surrounding the property,	2678
including, without limitation, interviews with persons who reside	2679
or have resided, or who are or were employed, within the area	2680
surrounding the property regarding the current and past uses of	2681
the property and adjacent tracts of land.	2682

The rules adopted under division (B)(3) of this section shall	2683
establish criteria to determine when a phase II property	2684
assessment shall be conducted when a phase I property assessment	2685
reveals facts that establish a reason to believe that hazardous	2686
substances or petroleum have been treated, stored, managed, or	2687
disposed of on the property if the person undertaking the phase I	2688
property assessment wishes to obtain a covenant not to sue under	2689
section 3746.12 of the Revised Code.	2690

(4) Minimum standards for phase II property assessments. The	2691
standards shall specify the information needed to demonstrate that	2692
any contamination present at the property does not exceed	2693
applicable standards or that the remedial activities conducted at	2694
the property have achieved compliance with applicable standards.	2695
The rules adopted under division (B)(4) of this section, at a	2696
minimum, shall require that a phase II property assessment include	2697
all of the following:	2698

(a) A review and analysis of all documentation prepared in	2699
connection with a phase I property assessment conducted within the	2700
one hundred eighty days before the phase II property assessment	2701
begins. The rules adopted under division (B)(4)(a) of this section	2702
shall require that if a period of more than one hundred eighty	2703
days has passed between the time that the phase I assessment of	2704
the property was completed and the phase II assessment begins, the	2705
phase II assessment shall include a reasonable inquiry into the	2706
change in the environmental condition of the property during the	2707
intervening period.	2708

(b) Quality assurance objectives for measurements taken in	2709
connection with a phase II assessment;	2710

(c) Sampling procedures to ensure the representative sampling	2711
of potentially contaminated environmental media;	2712

(d) Quality assurance and quality control requirements for	2713
samples collected in connection with phase II assessments;	2714

(e) Analytical and data assessment procedures;

2715

(f) Data objectives to ensure that samples collected in	2716
connection with phase II assessments are biased toward areas where	2717
information indicates that contamination by hazardous substances	2718
or petroleum is likely to exist.	2719

(5) Standards governing the conduct of certified	2720
professionals, criteria and procedures for the certification of	2721
professionals to issue no further action letters under section	2722
3746.11 of the Revised Code, and criteria for the suspension and	2723
revocation of those certifications. The director shall take an	2724
action regarding a certification as a final action. The issuance,	2725
denial, renewal, suspension, and revocation of those	2726
certifications are subject to Chapter 3745. of the Revised Code,	2727
except that, in lieu of publishing an action regarding a	2728
certification in a newspaper of general circulation as required in	2729
section 3745.07 of the Revised Code, such an action shall be	2730
published on the environmental protection agency's web site and in	2731
the agency's weekly review not later than fifteen days after the	2732
date of the issuance, denial, renewal, suspension, or revocation	2733
of the certification and not later than thirty days before a	2734
hearing or public meeting concerning the action.	2735

The rules adopted under division (B)(5) of this section shall	2736
do all of the following:	2737

(a) Provide for the certification of environmental	2738
professionals to issue no further action letters pertaining to	2739
investigations and remedies in accordance with the criteria and	2740
procedures set forth in the rules. The rules adopted under	2741
division (B)(5)(a) of this section shall do at least all of the	2742
following:	2743

(i) Authorize the director to consider such factors as an	2744
environmental professional's previous performance record regarding	2745
such investigations and remedies and the environmental	2746
professional's environmental compliance history when determining	2747
whether to certify the environmental professional;	2748

(ii) Ensure that an application for certification is reviewed	2749
in a timely manner;	2750

(iii) Require the director to certify any environmental	2751
professional who the director determines complies with those	2752
criteria;	2753

(iv) Require the director to deny certification for any	2754
environmental professional who does not comply with those	2755
criteria.	2756

(b) Establish an annual fee to be paid by environmental	2757
professionals certified pursuant to the rules adopted under	2758
division (B)(5)(a) of this section. The fee shall be established	2759
at an amount calculated to defray the costs to the agency for the	2760
required reviews of the qualifications of environmental	2761
professionals for certification and for the issuance of the	2762
certifications.	2763

(c) Develop a schedule for and establish requirements	2764
governing the review by the director of the credentials of	2765
environmental professionals who were deemed to be certified	2766
professionals under division (D) of section 3746.07 of the Revised	2767
Code in order to determine if they comply with the criteria	2768
established in rules adopted under division (B)(5) of this	2769
section. The rules adopted under division (B)(5)(c) of this	2770
section shall do at least all of the following:	2771

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

2772

(ii) Require the director to certify any such environmental	2773
professional who the director determines complies with those	2774
criteria;	2775

(iii) Require any such environmental professional initially	2776
to pay the fee established in the rules adopted under division	2777
(B)(5)(b) of this section at the time that the environmental	2778
professional is so certified by the director;	2779

(iv) Establish a time period within which any such	2780
environmental professional who does not comply with those criteria	2781
may obtain the credentials that are necessary for certification;	2782

(v) Require the director to deny certification for any such	2783
environmental professional who does not comply with those criteria	2784
and who fails to obtain the necessary credentials within the	2785
established time period.	2786

(d) Require that any information submitted to the director	2787
for the purposes of the rules adopted under division (B)(5)(a) or	2788
(c) of this section comply with division (A) of section 3746.20 of	2789
the Revised Code;	2790

(e) Authorize the director to suspend or revoke the	2791
certification of an environmental professional if the director	2792
finds that the environmental professional's performance has	2793
resulted in the issuance of no further action letters under	2794
section 3746.11 of the Revised Code that are not consistent with	2795
applicable standards or finds that the certified environmental	2796
professional has not substantially complied with section 3746.31	2797
of the Revised Code;	2798

(f) Authorize the director to suspend for a period of not	2799
more than five years or to permanently revoke a certified	2800
environmental professional's certification for any violation of or	2801
failure to comply with an ethical standard established in rules	2802
adopted under division (B)(5) of this section;	2803

(g) Require the director to revoke the certification of an	2804
environmental professional if the director finds that the	2805
environmental professional falsified any information on the	2806
environmental professional's application for certification	2807
regarding the environmental professional's credentials or	2808
qualifications or any other information generated for the purposes	2809
of or use under this chapter or rules adopted under it;	2810

(h) Require the director permanently to revoke the	2811
certification of an environmental professional who has violated or	2812
is violating division (A) of section 3746.18 of the Revised Code;	2813

(i) Preclude the director from revoking the certification of	2814
an environmental professional who only conducts investigations and	2815
remedies at property contaminated solely with petroleum unless the	2816
director first consults with the director of commerce.	2817

(6) Criteria and procedures for the certification of	2818
laboratories to perform analyses under this chapter and rules	2819
adopted under it. The issuance, denial, suspension, and revocation	2820
of those certifications are subject to Chapter 3745. of the	2821
Revised Code, and the director of environmental protection shall	2822
take any such action regarding a certification as a final action.	2823

The rules adopted under division (B)(6) of this section shall	2824
do all of the following:	2825

(a) Provide for the certification to perform analyses of	2826
laboratories in accordance with the criteria and procedures	2827
established in the rules adopted under division (B)(6)(a) of this	2828
section and establish an annual fee to be paid by those	2829
laboratories. The fee shall be established at an amount calculated	2830
to defray the costs to the agency for the review of the	2831
qualifications of those laboratories for certification and for the	2832
issuance of the certifications. The rules adopted under division	2833
(B)(6)(a) of this section may provide for the certification of	2834
those laboratories to perform only particular types or categories	2835
of analyses, specific test parameters or group of test parameters,	2836
or a specific matrix or matrices under this chapter.	2837

(b) Develop a schedule for and establish requirements	2838
governing the review by the director of the operations of	2839
laboratories that were deemed to be certified laboratories under	2840
division (E) of section 3746.07 of the Revised Code in order to	2841
determine if they comply with the criteria established in rules	2842
adopted under division (B)(6) of this section. The rules adopted	2843
under division (B)(6)(b) of this section shall do at least all of	2844
the following:	2845

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

2846

(ii) Require the director to certify any such laboratory that	2847
the director determines complies with those criteria;	2848

(iii) Require any such laboratory initially to pay the fee	2849
established in the rules adopted under division (B)(6)(a) of this	2850
section at the time that the laboratory is so certified by the	2851
director;	2852

(iv) Establish a time period within which any such laboratory	2853
that does not comply with those criteria may make changes in its	2854
operations necessary for the performance of analyses under this	2855
chapter and rules adopted under it in order to be certified by the	2856
director;	2857

(v) Require the director to deny certification for any such	2858
laboratory that does not comply with those criteria and that fails	2859
to make the necessary changes in its operations within the	2860
established time period.	2861

(c) Require that any information submitted to the director	2862
for the purposes of the rules adopted under division (B)(6)(a) or	2863
(b) of this section comply with division (A) of section 3746.20 of	2864
the Revised Code;	2865

(d) Authorize the director to suspend or revoke the	2866
certification of a laboratory if the director finds that the	2867
laboratory's performance has resulted in the issuance of no	2868
further action letters under section 3746.11 of the Revised Code	2869
that are not consistent with applicable standards;	2870

(e) Authorize the director to suspend or revoke the	2871
certification of a laboratory if the director finds that the	2872
laboratory falsified any information on its application for	2873
certification regarding its credentials or qualifications;	2874

(f) Require the director permanently to revoke the	2875
certification of a laboratory that has violated or is violating	2876
division (A) of section 3746.18 of the Revised Code.	2877

(7) Information to be included in a no further action letter	2878
prepared under section 3746.11 of the Revised Code, including,	2879
without limitation, all of the following:	2880

(a) A summary of the information required to be submitted to	2881
the certified environmental professional preparing the no further	2882
action letter under division (C) of section 3746.10 of the Revised	2883
Code;	2884

(b) Notification that a risk assessment was performed in	2885
accordance with rules adopted under division (B)(2) of this	2886
section if such an assessment was used in lieu of generic	2887
numerical clean-up standards established in rules adopted under	2888
division (B)(1) of this section;	2889

(c) The contaminants addressed at the property, if any, their	2890
source, if known, and their levels prior to remediation;	2891

(d) The identity of any other person who performed work to	2892
support the request for the no further action letter as provided	2893
in division (B)(2) of section 3746.10 of the Revised Code and the	2894
nature and scope of the work performed by that person;	2895

(e) A list of the data, information, records, and documents	2896
relied upon by the certified environmental professional in	2897
preparing the no further action letter.	2898

(8) Methods for determining fees to be paid for the following	2899
services provided by the agency under this chapter and rules	2900
adopted under it:	2901

(a) Site- or property-specific technical assistance in	2902
developing or implementing plans in connection with a voluntary	2903
action;	2904

(b) Reviewing applications for and issuing consolidated	2905
standards permits under section 3746.15 of the Revised Code and	2906
monitoring compliance with those permits;	2907

(c) Negotiating, preparing, and entering into agreements	2908
necessary for the implementation and administration of this	2909
chapter and rules adopted under it;	2910

(d) Reviewing no further action letters, issuing covenants	2911
not to sue, and monitoring compliance with any terms and	2912
conditions of those covenants and with operation and maintenance	2913
agreements entered into pursuant to those covenants, including,	2914
without limitation, conducting audits of properties where	2915
voluntary actions are being or were conducted under this chapter	2916
and rules adopted under it.	2917

The fees established pursuant to the rules adopted under	2918
division (B)(8) of this section shall be at a level sufficient to	2919
defray the direct and indirect costs incurred by the agency for	2920
the administration and enforcement of this chapter and rules	2921
adopted under it other than the provisions regarding the	2922
certification of professionals and laboratories.	2923

(9) Criteria for selecting the no further action letters	2924
issued under section 3746.11 of the Revised Code that will be	2925
audited under section 3746.17 of the Revised Code, and the scope	2926
and procedures for conducting those audits. The rules adopted	2927
under division (B)(9) of this section, at a minimum, shall require	2928
the director to establish priorities for auditing no further	2929
action letters to which any of the following applies:	2930

(a) The letter was prepared by an environmental professional	2931
who was deemed to be a certified professional under division (D)	2932
of section 3746.07 of the Revised Code, but who does not comply	2933
with the criteria established in rules adopted under division	2934
(B)(5) of this section as determined pursuant to rules adopted	2935
under division (B)(5)(d) of this section;	2936

(b) The letter was submitted fraudulently;

2937

(c) The letter was prepared by a certified environmental	2938
professional whose certification subsequently was revoked in	2939
accordance with rules adopted under division (B)(5) of this	2940
section, or analyses were performed for the purposes of the no	2941
further action letter by a certified laboratory whose	2942
certification subsequently was revoked in accordance with rules	2943
adopted under division (B)(6) of this section;	2944

(d) A covenant not to sue that was issued pursuant to the	2945
letter was revoked under this chapter;	2946

(e) The letter was for a voluntary action that was conducted	2947
pursuant to a risk assessment in accordance with rules adopted	2948
under division (B)(2) of this section;	2949

(f) The letter was for a voluntary action that included as	2950
remedial activities engineering controls or institutional controls	2951
or activity and use limitations authorized under section 3746.05	2952
of the Revised Code.	2953

The rules adopted under division (B)(9) of this section shall	2954
provide for random audits of no further action letters to which	2955
the rules adopted under divisions (B)(9)(a) to (f) of this section	2956
do not apply.	2957

(10) A classification system to characterize ground water	2958
according to its capability to be used for human use and its	2959
impact on the environment and a methodology that shall be used to	2960
determine when ground water that has become contaminated from	2961
sources on a property for which a covenant not to sue is requested	2962
under section 3746.11 of the Revised Code shall be remediated to	2963
the standards established in the rules adopted under division	2964
(B)(1) or (2) of this section.	2965

(a) In adopting rules under division (B)(10) of this section	2966
to characterize ground water according to its capability for human	2967
use, the director shall consider all of the following:	2968

(i) The presence of legally enforceable, reliable	2969
restrictions on the use of ground water, including, without	2970
limitation, local rules or ordinances;	2971

(ii) The presence of regional commingled contamination from	2972
multiple sources that diminishes the quality of ground water;	2973

(iii) The natural quality of ground water;

2974

(iv) Regional availability of ground water and reasonable	2975
alternative sources of drinking water;	2976

(v) The productivity of the aquifer;

2977

(vi) The presence of restrictions on the use of ground water	2978
implemented under this chapter and rules adopted under it;	2979

(vii) The existing use of ground water.

2980

(b) In adopting rules under division (B)(10) of this section	2981
to characterize ground water according to its impacts on the	2982
environment, the director shall consider both of the following:	2983

(i) The risks posed to humans, fauna, surface water,	2984
sediments, soil, air, and other resources by the continuing	2985
presence of contaminated ground water;	2986

(ii) The availability and feasibility of technology to remedy	2987
ground water contamination.	2988

(11) Governing the application for and issuance of variances	2989
under section 3746.09 of the Revised Code;	2990

(12)(a) In the case of voluntary actions involving	2991
contaminated ground water, specifying the circumstances under	2992
which the generic numerical clean-up standards established in	2993
rules adopted under division (B)(1) of this section and standards	2994
established through a risk assessment conducted pursuant to rules	2995
adopted under division (B)(2) of this section shall be	2996
inapplicable to the remediation of contaminated ground water and	2997
under which the standards for remediating contaminated ground	2998
water shall be established on a case-by-case basis prior to the	2999
commencement of the voluntary action pursuant to rules adopted	3000
under division (B)(12)(b) of this section;	3001

(b) Criteria and procedures for the case-by-case	3002
establishment of standards for the remediation of contaminated	3003
ground water under circumstances in which the use of the generic	3004
numerical clean-up standards and standards established through a	3005
risk assessment are precluded by the rules adopted under division	3006
(B)(12)(a) of this section. The rules governing the procedures for	3007
the case-by-case development of standards for the remediation of	3008
contaminated ground water shall establish application, public	3009
participation, adjudication, and appeals requirements and	3010
procedures that are equivalent to the requirements and procedures	3011
established in section 3746.09 of the Revised Code and rules	3012
adopted under division (B)(11) of this section, except that the	3013
procedural rules shall not require an applicant to make the	3014
demonstrations set forth in divisions (A)(1) to (3) of section	3015
3746.09 of the Revised Code.	3016

(13) A definition of the evidence that constitutes sufficient	3017
evidence for the purpose of division (A)(5) of section 3746.02 of	3018
the Revised Code.	3019

At least thirty days before filing the proposed rules	3020
required to be adopted under this section with the secretary of	3021
state, director of the legislative service commission, and joint	3022
committee on agency rule review in accordance with divisions (B)	3023
and (H)(C) of section 119.03 of the Revised Code, the director of	3024
environmental protection shall hold at least one public meeting on	3025
the proposed rules in each of the five districts into which the	3026
agency has divided the state for administrative purposes.	3027

Sec. 4117.02.  (A) There is hereby created the state	3028
employment relations board, consisting of three members to be	3029
appointed by the governor with the advice and consent of the	3030
senate. Members shall be knowledgeable about labor relations or	3031
personnel practices. No more than two of the three members shall	3032
belong to the same political party. A member of the state	3033
employment relations board during the member's period of service	3034
shall hold no other public office or public or private employment	3035
and shall allow no other responsibilities to interfere or conflict	3036
with the member's duties as a full-time state employment relations	3037
board member. Of the initial appointments made to the state	3038
employment relations board, one shall be for a term ending October	3039
6, 1984, one shall be for a term ending October 6, 1985, and one	3040
shall be for a term ending October 6, 1986. Thereafter, terms of	3041
office shall be for six years, each term ending on the same day of	3042
the same month of the year as did the term that it succeeds. Each	3043
member shall hold office from the date of the member's appointment	3044
until the end of the term for which the member is appointed. Any	3045
member appointed to fill a vacancy occurring prior to the	3046
expiration of the term for which the member's predecessor was	3047
appointed shall hold office for the remainder of the term. Any	3048
member shall continue in office subsequent to the expiration of	3049
the member's term until the member's successor takes office or	3050
until a period of sixty days has elapsed, whichever occurs first.	3051
The governor may remove any member of the state employment	3052
relations board, upon notice and public hearing, for neglect of	3053
duty or malfeasance in office, but for no other cause.	3054

(B)(1) The governor shall designate one member of the state	3055
employment relations board to serve as chairperson of the state	3056
employment relations board. The chairperson is the head of the	3057
state employment relations board and its chief executive officer.	3058

(2) The chairperson shall exercise all administrative powers	3059
and duties conferred upon the state employment relations board	3060
under this chapter and shall do all of the following:	3061

(a) Employ, promote, supervise, and remove all employees of	3062
the state employment relations board, and establish, change, or	3063
abolish positions and assign or reassign the duties of those	3064
employees as the chairperson determines necessary to achieve the	3065
most efficient performance of the duties of the state employment	3066
relations board under this chapter;	3067

(b) Determine the utilization by the state personnel board of	3068
review of employees of the state employment relations board as	3069
necessary for the state personnel board of review to exercise the	3070
powers and perform the duties of the state personnel board of	3071
review.	3072

(c) Maintain the office of the state employment relations	3073
board in Columbus and manage the office's daily operations,	3074
including securing offices, facilities, equipment, and supplies	3075
necessary to house the state employment relations board, employees	3076
of the state employment relations board, the state personnel board	3077
of review, and files and records under the control of the state	3078
employment relations board and under the control of the state	3079
personnel board of review;	3080

(d) Prepare and submit to the office of budget and management	3081
a budget for each biennium according to section 107.03 of the	3082
Revised Code, and include in the budget the costs of the state	3083
employment relations board and its staff and the costs of the	3084
state employment relations board in discharging any duty imposed	3085
by law upon the state employment relations board, the chairperson,	3086
or any of the employees or agents of the state employment	3087
relations board, and the costs of the state personnel board of	3088
review in discharging any duty imposed by law on the state	3089
personnel board of review or an agent of the state personnel board	3090
of review.	3091

(C) The vacancy on the state employment relations board does	3092
not impair the right of the remaining members to exercise all the	3093
powers of the state employment relations board, and two members of	3094
the state employment relations board, at all times, constitute a	3095
quorum. The state employment relations board shall have an	3096
official seal of which courts shall take judicial notice.	3097

(D) The state employment relations board shall make an annual	3098
report in writing to the governor and to the general assembly,	3099
stating in detail the work it has done.	3100

(E) Compensation of the chairperson and members shall be in	3101
accordance with division (J) of section 124.15 of the Revised	3102
Code. The chairperson and the members are eligible for	3103
reappointment. In addition to such compensation, all members shall	3104
be reimbursed for their necessary expenses incurred in the	3105
performance of their work as members.	3106

(F)(1) The chairperson, after consulting with the other state	3107
employment relations board members and receiving the consent of at	3108
least one other board member, shall appoint an executive director.	3109
The chairperson also shall appoint attorneys and shall appoint an	3110
assistant executive director who shall be an attorney admitted to	3111
practice law in this state and who shall serve as a liaison to the	3112
attorney general on legal matters before the state employment	3113
relations board.	3114

(2) The state employment relations board shall appoint	3115
members of fact-finding panels and shall prescribe their job	3116
duties.	3117

(G)(1) The executive director shall serve at the pleasure of	3118
the chairperson. The executive director, under the direction of	3119
the chairperson, shall do all of the following:	3120

(a) Act as chief administrative officer for the state	3121
employment relations board;	3122

(b) Ensure that all employees of the state employment	3123
relations board comply with the rules of the state employment	3124
relations board;	3125

(c) Do all things necessary for the efficient and effective	3126
implementation of the duties of the state employment relations	3127
board.	3128

(2) The duties of the executive director described in	3129
division (G)(1) of this section do not relieve the chairperson	3130
from final responsibility for the proper performance of the duties	3131
described in that division.	3132

(H) The attorney general shall be the legal adviser of the	3133
state employment relations board and shall appear for and	3134
represent the state employment relations board and its agents in	3135
all legal proceedings. The state employment relations board may	3136
utilize regional, local, or other agencies, and utilize voluntary	3137
and uncompensated services as needed. The state employment	3138
relations board may contract with the federal mediation and	3139
conciliation service for the assistance of mediators, arbitrators,	3140
and other personnel the service makes available. The chairperson	3141
shall appoint all employees on the basis of training, practical	3142
experience, education, and character, notwithstanding the	3143
requirements established by section 119.09 of the Revised Code.	3144
The chairperson shall give special regard to the practical	3145
training and experience that employees have for the particular	3146
position involved. The executive director, assistant executive	3147
director, administrative law judges, employees holding a fiduciary	3148
or administrative relation to the state employment relations board	3149
as described in division (A)(9) of section 124.11 of the Revised	3150
Code, and the personal secretaries and assistants of the state	3151
employment relations board members are in the unclassified	3152
service. All other full-time employees of the state employment	3153
relations board are in the classified service. All employees of	3154
the state employment relations board shall be paid in accordance	3155
with Chapter 124. of the Revised Code.	3156

(I) The chairperson shall select and assign administrative	3157
law judges and other agents whose functions are to conduct	3158
hearings with due regard to their impartiality, judicial	3159
temperament, and knowledge. If in any proceeding under this	3160
chapter, any party prior to five days before the hearing thereto	3161
files with the state employment relations board a sworn statement	3162
charging that the administrative law judge or other agent	3163
designated to conduct the hearing is biased or partial in the	3164
proceeding, the state employment relations board may disqualify	3165
the person and designate another administrative law judge or agent	3166
to conduct the proceeding. At least ten days before any hearing,	3167
the state employment relations board shall notify all parties to a	3168
proceeding of the name of the administrative law judge or agent	3169
designated to conduct the hearing.	3170

(J) The principal office of the state employment relations	3171
board is in Columbus, but it may meet and exercise any or all of	3172
its powers at any other place within the state. The state	3173
employment relations board may, by one or more of its employees,	3174
or any agents or agencies it designates, conduct in any part of	3175
this state any proceeding, hearing, investigation, inquiry, or	3176
election necessary to the performance of its functions; provided,	3177
that no person so designated may later sit in determination of an	3178
appeal of the decision of that cause or matter.	3179

(K) In addition to the powers and functions provided in other	3180
sections of this chapter, the state employment relations board	3181
shall do all of the following:	3182

(1) Create a bureau of mediation within the state employment	3183
relations board, to perform the functions provided in section	3184
4117.14 of the Revised Code. This bureau shall also establish,	3185
after consulting representatives of employee organizations and	3186
public employers, panels of qualified persons to be available to	3187
serve as members of fact-finding panels and arbitrators.	3188

(2) Conduct studies of problems involved in representation	3189
and negotiation and make recommendations for legislation;	3190

(3) Hold hearings pursuant to this chapter and, for the	3191
purpose of the hearings and inquiries, administer oaths and	3192
affirmations, examine witnesses and documents, take testimony and	3193
receive evidence, compel the attendance of witnesses and the	3194
production of documents by the issuance of subpoenas, and delegate	3195
these powers to any members of the state employment relations	3196
board or any administrative law judge employed by the state	3197
employment relations board for the performance of its functions;	3198

(4) Train representatives of employee organizations and	3199
public employers in the rules and techniques of collective	3200
bargaining procedures;	3201

(5) Make studies and analyses of, and act as a clearinghouse	3202
of information relating to, conditions of employment of public	3203
employees throughout the state and request assistance, services,	3204
and data from any public employee organization, public employer,	3205
or governmental unit. Public employee organizations, public	3206
employers, and governmental units shall provide such assistance,	3207
services, and data as will enable the state employment relations	3208
board to carry out its functions and powers.	3209

(6) Make available to employee organizations, public	3210
employers, mediators, fact-finding panels, arbitrators, and joint	3211
study committees statistical data relating to wages, benefits, and	3212
employment practices in public and private employment applicable	3213
to various localities and occupations to assist them to resolve	3214
issues in negotiations;	3215

(7) Notwithstanding section 119.13 of the Revised Code,	3216
establish standards of persons who practice before it;	3217

(8) Adopt, amend, and rescind rules and procedures and	3218
exercise other powers appropriate to carry out this chapter.	3219
Before the adoption, amendment, or rescission of rules and	3220
procedures under this section, the state employment relations	3221
board shall do all of the following:	3222

(a) Maintain a list of interested public employers and	3223
employee organizations and mail notice to such groups of any	3224
proposed rule or procedure, amendment thereto, or rescission	3225
thereof at least thirty days before any public hearing thereon;	3226

(b) Mail a copy of each proposed rule or procedure, amendment	3227
thereto, or rescission thereof to any person who requests a copy	3228
within five days after receipt of the request therefor;	3229

(c) Consult with appropriate statewide organizations	3230
representing public employers or employees who would be affected	3231
by the proposed rule or procedure.	3232

Although the state employment relations board is expected to	3233
discharge these duties diligently, failure to mail any notice or	3234
copy, or to so consult with any person, is not jurisdictional and	3235
shall not be construed to invalidate any proceeding or action of	3236
the state employment relations board.	3237

(L) In case of neglect or refusal to obey a subpoena issued	3238
to any person, the court of common pleas of the county in which	3239
the investigation or the public hearing occurs, upon application	3240
by the state employment relations board, may issue an order	3241
requiring the person to appear before the state employment	3242
relations board and give testimony about the matter under	3243
investigation. The court may punish a failure to obey the order as	3244
contempt.	3245

(M) Any subpoena, notice of hearing, or other process or	3246
notice of the state employment relations board issued under this	3247
section may be served personally, by certified mail, or by leaving	3248
a copy at the principal office or personal residence of the	3249
respondent required to be served. A return, made and verified by	3250
the individual making the service and setting forth the manner of	3251
service, is proof of service, and a return post office receipt,	3252
when certified mail is used, is proof of service. All process in	3253
any court to which application is made under this chapter may be	3254
served in the county wherein the persons required to be served	3255
reside or are found.	3256

(N) All expenses of the state employment relations board,	3257
including all necessary traveling and subsistence expenses	3258
incurred by the members or employees of the state employment	3259
relations board under its orders, shall be paid pursuant to	3260
itemized vouchers approved by the chairperson of the state	3261
employment relations board, the executive director, or both, or	3262
such other person as the chairperson designates for that purpose.	3263

(O) Whenever the state employment relations board determines	3264
that a substantial controversy exists with respect to the	3265
application or interpretation of this chapter and the matter is of	3266
public or great general interest, the state employment relations	3267
board shall certify its final order directly to the court of	3268
appeals having jurisdiction over the area in which the principal	3269
office of the public employer directly affected by the application	3270
or interpretation is located. The chairperson shall file with the	3271
clerk of the court a certified copy of the transcript of the	3272
proceedings before the state employment relations board pertaining	3273
to the final order. If upon hearing and consideration the court	3274
decides that the final order of the state employment relations	3275
board is unlawful or is not supported by substantial evidence on	3276
the record as a whole, the court shall reverse and vacate the	3277
final order or modify it and enter final judgment in accordance	3278
with the modification; otherwise, the court shall affirm the final	3279
order. The notice of the final order of the state employment	3280
relations board to the interested parties shall contain a	3281
certification by the chairperson of the state employment relations	3282
board that the final order is of public or great general interest	3283
and that a certified transcript of the record of the proceedings	3284
before the state employment relations board had been filed with	3285
the clerk of the court as an appeal to the court. For the purposes	3286
of this division, the state employment relations board has	3287
standing to bring its final order properly before the court of	3288
appeals.	3289

(P) Except as otherwise specifically provided in this	3290
section, the state employment relations board is subject to	3291
Chapter 119. of the Revised Code, including the procedure for	3292
submission of proposed rules to the general assembly for	3293
legislative review under division (H)(C) of section 119.03 of the	3294
Revised Code.	3295

Sec. 4141.14. (A) All rules of the director of the	3296
department of job and family services adopted pursuant to this	3297
chapter shall be approved by the unemployment compensation review	3298
commission before the rules become effective. All such rules shall	3299
specify on their face their effective date and the date on which	3300
they will expire, if known. Approval by the unemployment	3301
compensation review commission shall also be required before	3302
amendments to, or rescission of, any rules of the director adopted	3303
pursuant to this chapter become effective. If the commission	3304
disapproves a rule of the director, it shall determine and	3305
promulgate a rule that it considers appropriate after affording a	3306
hearing to the director.	3307

(B)(1) Any rule promulgated pursuant to this section shall be	3308
effective on the tenth day after the day on which the rule in	3309
final form and in compliance with division (B)(2) of this section	3310
is filed as follows:	3311

(a) The rule shall be filed in electronic form with both the	3312
secretary of state and the director of the legislative service	3313
commission;	3314

(b) The rule shall be filed in electronic form with the joint	3315
committee on agency rule review. Division (B)(1)(b) of this	3316
section does not apply to any rule to which division (H) of	3317
section 119.03 of the Revised Code does not apply.	3318

If all filings are not completed on the same day, the rule	3319
shall be effective on the tenth day after the day on which the	3320
latest filing is completed. If the department of job and family	3321
services or the unemployment compensation review commission in	3322
adopting a rule pursuant to this chapter designates an effective	3323
date that is later than the effective date provided for by this	3324
division, the rule if filed as required by this division shall	3325
become effective on the later date designated by the department or	3326
commission.	3327

If the commission or department adopts or amends a rule that	3328
is subject to division (H) of section 119.03 of the Revised Code,	3329
the commission or department shall assign a review date to the	3330
rule that is not later than five years after its effective date.	3331
If no review date is assigned to a rule, or if a review date	3332
assigned to a rule exceeds the five-year maximum, the review date	3333
for the rule is five years after its effective date. A rule with a	3334
review date is subject to review under section 119.032 of the	3335
Revised Code.	3336

(2) The department and commission shall file the rule in	3337
compliance with the following standards and procedures:	3338

(a) The rule shall be numbered in accordance with the	3339
numbering system devised by the director for the Ohio	3340
administrative code.	3341

(b) The rule shall be prepared and submitted in compliance	3342
with the rules of the legislative service commission.	3343

(c) The rule shall clearly state the date on which it is to	3344
be effective and the date on which it will expire, if known.	3345

(d) Each rule that amends or rescinds another rule shall	3346
clearly refer to the rule that is amended or rescinded. Each	3347
amendment shall fully restate the rule as amended.	3348

If the director of the legislative service commission or the	3349
director's designee gives the department of job and family	3350
services or the unemployment compensation review commission notice	3351
pursuant to section 103.05 of the Revised Code that a rule filed	3352
by the department or review commission is not in compliance with	3353
the rules of the legislative service commission, the department or	3354
review commission shall within thirty days after receipt of the	3355
notice conform the rule to the rules of the commission as directed	3356
in the notice.	3357

The secretary of state and the director of the legislative	3358
service commission shall preserve the rules filed under division	3359
(B)(1)(a) of this section in an accessible manner. Each such rule	3360
shall be a public record open to public inspection and may be	3361
transmitted to any law publishing company that wishes to reproduce	3362
it.	3363

(C) As used in this section:

3364

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

3365

(2) "Substantive revision" has the same meaning as in	3366
division (J) of section 119.01 of the Revised Code.	3367

Sec. 5103.0325.  Notwithstanding division (B) of section	3368
119.032106.03 of the Revised Code, the department of job and	3369
family services shall review once every two years the department's	3370
rules governing visits and contacts by a public children services	3371
agency or private child placing agency with a child in the	3372
agency's custody and placed in foster care in this state. The	3373
department shall adopt rules in accordance with Chapter 119. of	3374
the Revised Code to ensure compliance with the department's rules	3375
governing agency visits and contacts with a child in its custody.	3376

Sec. 5117.02.  (A) The director of development shall adopt	3377
rules, or amendments and rescissions of rules, pursuant to section	3378
4928.52 of the Revised Code, for the administration of the Ohio	3379
energy credit program under sections 5117.01 to 5117.12 of the	3380
Revised Code.	3381

(B) As a means of efficiently administering the program, the	3382
director may extend, by as much as a total of thirty days, any	3383
date specified in such sections for the performance of a	3384
particular action by an individual or an officer.	3385

(C)(1) Except as provided in division (C)(2) of this section,	3386
the director shall adopt, in accordance with divisions (A), (B),	3387
(C), (D), (E), and (H)(F) of section 119.03 and section 119.04 of	3388
the Revised Code, whatever rules, or amendments or rescissions of	3389
rules are required by or are otherwise necessary to implement	3390
sections 5117.01 to 5117.12 of the Revised Code. A rule,	3391
amendment, or rescission adopted under this division is not exempt	3392
from the hearing requirements of section 119.03 of the Revised	3393
Code pursuant to division (G)(H) of that section, or subject to	3394
section 111.15 of the Revised Code.	3395

(2) If an emergency necessitates the immediate adoption of a	3396
rule, or the immediate adoption of an amendment or rescission of a	3397
rule that is required by or otherwise necessary to implement	3398
sections 5117.01 to 5117.12 of the Revised Code, the director	3399
immediately may adopt the emergency rule, amendment, or rescission	3400
without complying with division (A), (B), (C), (D), (E), or (H)(F)	3401
of section 119.03 of the Revised Code so long as the commissioner	3402
director states the reasons for the necessity in the emergency	3403
rule, amendment, or rescission. The emergency rule, amendment, or	3404
rescission is effective on the day the emergency rule, amendment,	3405
or rescission, in final form and in compliance with division	3406
(A)(2) of section 119.04 of the Revised Code, is filed in	3407
electronic form with the secretary of state, the director of the	3408
legislative service commission, and the joint committee on agency	3409
rule review. If all filings are not completed on the same day, the	3410
emergency rule, amendment, or rescission is effective on the day	3411
on which the latest filing is completed. An emergency rule,	3412
amendment, or rescission adopted under this division is not	3413
subject to section 111.15 or division (F)(G) of section 119.03 of	3414
the Revised Code. An emergency rule, amendment, or rescission	3415
adopted under this division continues in effect until amended or	3416
rescinded by the director in accordance with division (C)(1) or	3417
(2) of this section, except that the rescission of an emergency	3418
rescission does not revive the rule rescinded.	3419

(D) Except where otherwise provided, each form, application,	3420
notice, and the like used in fulfilling the requirements of	3421
sections 5117.01 to 5117.12 of the Revised Code shall be approved	3422
by the director.	3423

Sec. 5703.14. (A) Any rule adopted by the board of tax	3424
appeals and any rule of the department of taxation adopted by the	3425
tax commissioner shall be effective on the tenth day after the day	3426
on which the rule in final form and in compliance with division	3427
(B) of this section is filed by the board or the commissioner as	3428
follows:	3429

(1) The rule shall be filed in electronic form with both the	3430
secretary of state and the director of the legislative service	3431
commission;	3432

(2) The rule shall be filed in electronic form with the joint	3433
committee on agency rule review. Division (A)(2) of this section	3434
does not apply to any rule to which division (H) of section 119.03	3435
of the Revised Code does not apply.	3436

If all filings are not completed on the same day, the rule	3437
shall be effective on the tenth day after the day on which the	3438
latest filing is completed. If the board or the commissioner in	3439
adopting a rule designates an effective date that is later than	3440
the effective date provided for by this division, the rule if	3441
filed as required by this division shall become effective on the	3442
later date designated by the board or commissioner.	3443

(B) The board and commissioner shall file the rule in	3444
compliance with the following standards and procedures:	3445

(1) The rule shall be numbered in accordance with the	3446
numbering system devised by the director for the Ohio	3447
administrative code.	3448

(2) The rule shall be prepared and submitted in compliance	3449
with the rules of the legislative service commission.	3450

(3) The rule shall clearly state the date on which it is to	3451
be effective and the date on which it will expire, if known.	3452

(4) Each rule that amends or rescinds another rule shall	3453
clearly refer to the rule that is amended or rescinded. Each	3454
amendment shall fully restate the rule as amended.	3455

If the director of the legislative service commission or the	3456
director's designee gives the board or commissioner notice	3457
pursuant to section 103.05 of the Revised Code that a rule filed	3458
by the board or commissioner is not in compliance with the rules	3459
of the legislative service commission, the board or commissioner	3460
shall within thirty days after receipt of the notice conform the	3461
rule to the rules of the legislative service commission as	3462
directed in the notice.	3463

All rules of the department and board filed pursuant to	3464
division (A)(1) of this section shall be recorded by the secretary	3465
of state and the director under the name of the department or	3466
board and shall be numbered in accordance with the numbering	3467
system devised by the director. The secretary of state and the	3468
director shall preserve the rules in an accessible manner. Each	3469
such rule shall be a public record open to public inspection and	3470
may be transmitted to any law publishing company that wishes to	3471
reproduce it. Each such rule shall also be made available to	3472
interested parties upon request directed to the department.	3473

(C) Applications for review of any rule adopted and	3474
promulgated by the tax commissioner may be filed with the board of	3475
tax appeals by any person who has been or may be injured by the	3476
operation of the rule. The appeal may be taken at any time after	3477
the rule is filed with the secretary of the state, the director of	3478
the legislative service commission, and, if applicable, the joint	3479
committee on agency rule review. Failure to file an appeal does	3480
not preclude any person from seeking any other remedy against the	3481
application of the rule to the person. The applications shall set	3482
forth, or have attached thereto and incorporated by reference, a	3483
true copy of the rule, and shall allege that the rule complained	3484
of is unreasonable and shall state the grounds upon which the	3485
allegation is based. Upon the filing of the application, the board	3486
shall notify the commissioner of the filing of the application,	3487
fix a time for hearing the application, notify the commissioner	3488
and the applicant of the time for the hearing, and afford both an	3489
opportunity to be heard. The appellant, the tax commissioner, and	3490
any other interested persons that the board permits, may introduce	3491
evidence. The burden of proof to show that the rule is	3492
unreasonable shall be upon the appellant. After the hearing, the	3493
board shall determine whether the rule complained of is reasonable	3494
or unreasonable. A determination that the rule complained of is	3495
unreasonable shall require a majority vote of the three members of	3496
the board, and the reasons for the determination shall be entered	3497
on the journal of the board.	3498

Upon determining that the rule complained of is unreasonable,	3499
the board shall file copies of its determination as follows:	3500

(1)(A) The determination shall be filed in electronic form	3501
with both the secretary of state and the director of the	3502
legislative service commission, who shall note the date of their	3503
receipt of the certified copies conspicuously in their files of	3504
the rules of the department;	3505

(2)(B) The determination shall be filed in electronic form	3506
with the joint committee on agency rule review. Division (C)(2) of	3507
this section does not apply to any rule to which division (H)(C)	3508
of section 119.03 of the Revised Code does not apply.	3509

On the tenth day after the determination has been received by	3510
the secretary of state, the director, and, if applicable, the	3511
joint committee, the rule referred to in the determination shall	3512
cease to be in effect. If all filings of the determination are not	3513
completed on the same day, the rule shall remain in effect until	3514
the tenth day after the day on which the latest filing is	3515
completed. This section does not apply to licenses issued under	3516
sections 5735.02, 5739.17, and 5743.15 of the Revised Code, which	3517
shall be governed by sections 119.01 to 119.13 of the Revised	3518
Code.	3519

The board is not required to hear an application for the	3520
review of any rule where the grounds of the allegation that the	3521
rule is unreasonable have been previously contained in an	3522
application for review and have been previously heard and passed	3523
upon by the board.	3524

(D) As used in this section, "substantive revision" has the	3525
same meaning as in division (J) of section 119.01 of the Revised	3526
Code.	3527

Sec. 6111.31.  All substantive wetland, stream, or lake	3528
mitigation standards, criteria, scientific methods, processes, or	3529
other procedures or policies that are used in a uniform manner by	3530
the director of environmental protection in evaluating the	3531
adequacy of a mitigation proposal contained in an application for	3532
a section 401 water quality certification shall be adopted and	3533
reviewed in accordance with sections 119.03 and 119.032106.03 of	3534
the Revised Code before those standards, criteria, or scientific	3535
methods have the force of law. Until that time, any such	3536
mitigation standards, criteria, scientific methods, processes, or	3537
other procedures or policies that are used by or approved for use	3538
by the director to evaluate, measure, or determine the success,	3539
approval, or denial of a mitigation proposal, but that have not	3540
been subject to review under sections 119.03 and 119.032106.03 of	3541
the Revised Code shall not be used as the basis for any	3542
certification or permit denial or as a standard applied to	3543
mitigation unless the applicant has been notified in advance that	3544
additional mitigation standards, criteria, scientific methods,	3545
processes, or procedures will be considered as part of the review	3546
process.	3547

Sec. 6111.51. (A)(1) The director of environmental protection	3548
shall adopt rules that establish criteria for three levels of	3549
credible data related to surface water monitoring and assessment.	3550
The rules pertaining to each level shall establish requirements	3551
for data assessment, sample collection and analytical methods, and	3552
quality assurance and quality control procedures that must be	3553
followed in order to classify data as credible at that level. The	3554
rules shall provide that level three credible data are collected	3555
by employing the most stringent methods and procedures, level two	3556
credible data are collected using methods and procedures that are	3557
less stringent than methods and procedures used to collect level	3558
three credible data, but more stringent than methods and	3559
procedures used to collect level one, and level one credible data	3560
are collected by employing the least stringent methods and	3561
procedures.	3562

The requirements established in the rules for each level of	3563
credible data shall be commensurate with, and no more stringent	3564
than necessary to support, the purposes for which the data will be	3565
used. In adopting rules under this section, the director shall	3566
consider the cost of data collection methods and procedures to	3567
persons or entities collecting data, and the burden of compliance	3568
with those methods and procedures for those persons or entities,	3569
while ensuring the degree of accuracy commensurate with the	3570
purpose for which the data will be used. No data shall be	3571
classified as credible data unless they have been collected in	3572
compliance with the applicable methods and procedures for	3573
collecting the data established in rules adopted under this	3574
section.	3575

(2) The director shall file the rules required to be adopted	3576
under division (A)(1) of this section with the secretary of state,	3577
the director of the legislative service commission, and the joint	3578
committee on agency rule review in accordance with divisions (B)	3579
and (H)(C) of section 119.03 of the Revised Code not later than	3580
one year after the effective date of this sectionOctober 21,	3581
2003. As soon as practicable thereafter, the director shall	3582
proceed to adopt the rules in accordance with all other applicable	3583
provisions of Chapter 119. of the Revised Code.	3584

(B)(1) Level three credible data shall be used for the	3585
purposes specified in section 6111.52 of the Revised Code.	3586

(2) Levels two and three credible data shall be used for the	3587
purpose of evaluating the effectiveness of pollution controls for	3588
point sources and nonpoint sources and initial screening of water	3589
quality problems to determine if additional study is needed.	3590

(3) Levels one, two, and three credible data shall be used	3591
for public awareness and education activities.	3592

(C) No data shall be considered credible unless the data	3593
originate from studies and samples collected by the environmental	3594
protection agency, its contractors, federal or state environmental	3595
agencies, or qualified data collectors. However, data submitted	3596
pursuant to the requirements of a permit issued by an agency of	3597
the state or submitted as a result of findings and orders issued	3598
by the director or pursuant to a court order shall be considered	3599
credible unless the director identifies reasons why the data are	3600
not credible.	3601

(D) If the director has obtained credible data for a surface	3602
water, the director also may use historical data for the purpose	3603
of determining whether any water quality trends exist for that	3604
surface water.	3605

(E) Sections 6111.50 to 6111.56 of the Revised Code do not	3606
apply to civil or criminal enforcement actions brought under	3607
section 6111.07 of the Revised Code.	3608

(F) The director's use of credible data shall be consistent	3609
with the Federal Water Pollution Control Act.	3610

(G) Nothing in sections 6111.50 to 6111.56 of the Revised	3611
Code is an exception to statutory, common, or municipal law of	3612
trespass.	3613

Section 2.  That existing sections 101.35, 103.0511, 107.52,	3614
107.53, 107.54, 107.55, 107.62, 107.63, 111.15, 119.01, 119.03,	3615
119.04, 121.39, 121.73, 121.74, 121.81, 121.82, 121.83, 121.91,	3616
127.18, 1531.08, 3319.22, 3319.221, 3333.021, 3333.048, 3701.34,	3617
3737.88, 3746.04, 4117.02, 4141.14, 5103.0325, 5117.02, 5703.14,	3618
6111.31, and 6111.51 of the Revised Code are repealed.	3619

Section 3.  That sections 119.031 and 119.032 of the Revised	3620
Code are repealed.	3621

Section 4.  Sections 106.02, 106.021, 106.022, 106.04, and	3622
106.041 of the Revised Code are a continuation, although with	3623
revisions, of former division (I) of section 119.03 of the Revised	3624
Code.	3625

Division (C) of section 119.03 of the Revised Code is a	3626
continuation, although with revisions, of former division (H) of	3627
that section.	3628

Sections 106.03 and 106.031 of the Revised Code are a	3629
continuation, although with revisions, of former section 119.032	3630
of the Revised Code.	3631

The seventh paragraph of section 106.01 of the Revised Code	3632
is a continuation, although with revisions, of division (A)(3)(b)	3633
of former section 119.03 of the Revised Code.	3634

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

3635

"Rule" has the meaning defined in section 3345.033 of the	3636
Revised Code. "Rule" does not include a rule that has been adopted	3637
in compliance with that section.	3638

"State institution of higher education" has the meaning	3639
defined in section 3345.033 of the Revised Code.	3640

(B) As soon as possible, but not later than the date that is	3641
six months after the effective date of this section, a state	3642
institution of higher education shall post each of its currently	3643
existing rules on its web site, and shall re-file its currently	3644
existing rules with the Director of the Legislative Service	3645
Commission and the Joint Committee on Agency Rule Review.	3646

If the state institution of higher education previously has	3647
posted its currently existing rules on its web site, the	3648
institution as soon as possible, but not later than six months	3649
after the effective date of this section, shall verify the	3650
posting.	3651

The re-filing of a state institution of higher education's	3652
current existing rules is not subject to review by the Joint	3653
Committee or by the Director. But the Joint Committee shall	3654
accommodate the re-filed rules to the rule watch system. And the	3655
Director shall publish the re-filed rules in the Register of Ohio,	3656
and shall publish or cause publication of the re-filed rules in	3657
any electronic Administrative Code published by or under contract	3658
with the Director.	3659

The last sentence of section 3345.033 of the Revised Code	3660
does not apply until the state institution of higher education has	3661
posted all its currently effective rules on its web site, or the	3662
date that is six months and one day after the effective date of	3663
this section, whichever occurs first.	3664

(C) Existing rules previously filed with the Director are	3665
insufficient to comply with division (B) of this section. Rather,	3666
the re-filing of all currently existing rules with the Director	3667
and Joint Committee is required to achieve compliance with that	3668
division. A state institution of higher education is not entitled	3669
to rely on a rule that is required to be re-filed under division	3670
(B) of this section and that has not been so re-filed.	3671

Section 6.  A state agency that is required to develop	3672
customer service standards under section 121.91 of the Revised	3673
Code and that has not, on the effective date of this section,	3674
developed its initial standards shall do so not later than the	3675
date that is one month after the effective date of this section.	3676

Section 7.  As used in this section:

3677

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

3678

"State agency" means an agency as defined in sections 111.15	3679
and 119.01 of the Revised Code.	3680

The Director of Budget and Management shall conduct a review	3681
of all fines imposed or levied by state agencies for the purpose	3682
of administering or enforcing statutes. The review shall address	3683
the following topics: authority to impose or levy the fine, the	3684
disposition of revenue generated from imposition or levy of the	3685
fine, accounting practices employed in the receipt and disposition	3686
of revenue generated from imposition or levy of the fine, and the	3687
purposes for which revenue generated from imposition or levy of	3688
the fine is used.	3689

Not later than February 1, 2015, the Director shall report	3690
the findings of the review and make recommendations in writing to	3691
the Governor, the President of the Senate, and the Speaker of the	3692
House of Representatives.	3693

Section 8.  The date by which the periodic review of an	3694
existing rule is to be completed has been referred to as its	3695
"119.032 review date." The Revised Code section referred to is the	3696
number of the Revised Code section under which periodic review of	3697
existing rules formerly was carried out. Because of the	3698
recodification of that former section by this act, periodic review	3699
of existing rules is to be carried out under sections 106.03 and	3700
106.031 of the Revised Code. A reference to the "119.032 review	3701
date" of a rule therefore shall be read as if it referred to	3702
periodic review of the rule under sections 106.03 and 106.031 of	3703
the Revised Code.	3704

It is recommended that the date by which the periodic review	3705
of an existing rule is to be completed be referred to as its	3706
"periodic review date."	3707

Section 9.  Legislative Information Systems, in consultation	3708
with the Director of the Legislative Service Commission, the	3709
Executive Director of the Joint Committee on Agency Rule Review,	3710
the Common Sense Initiative Office, and any other person or agency	3711
involved in the electronic rule filing system, shall program or	3712
reprogram the electronic rule filing system as necessary to enable	3713
electronic filing and other electronic processing of rules and	3714
rule-making documents as required by this act. Legislative	3715
Information Systems shall complete the programming or	3716
reprogramming as soon as reasonably possible after the effective	3717
date of this section but not later than the day that is nine	3718
months after that effective date.	3719

If at the time a provision of this act that contemplates	3720
electronic filing or other electronic processing of rules or	3721
rule-making documents takes effect, electronic filing or other	3722
electronic processing is not available, the provision shall be	3723
complied with manually until electronic filing or other electronic	3724
processing is available.	3725

Section 10.  (A) Sections 106.02, 106.021, and 106.022 of the	3726
Revised Code do not apply to a proposed rule or revised proposed	3727
rule that was filed under division (D) of section 111.15 or former	3728
division (H) of section 119.03 of the Revised Code and, on the	3729
effective date of this section, is pending before the Joint	3730
Committee on Agency Rule Review for review under former division	3731
(I) of section 119.03 of the Revised Code. The Joint Committee	3732
shall review the proposed rule or revised proposed rule under	3733
former division (I) of section 119.03 of the Revised Code as if	3734
the division had not been repealed.	3735

(B) Sections 106.03 and 106.031 of the Revised Code do not	3736
apply to an existing rule that was filed under former section	3737
119.032 of the Revised Code and, on the effective date of this	3738
section, is pending before the Joint Committee on Agency Rule	3739
Review for review under that former section. The Joint Committee	3740
shall review the existing rule under former section 119.032 of the	3741
Revised Code as if the section had not been repealed.	3742

Section 11.  The General Assembly, applying the principle	3743
stated in division (B) of section 1.52 of the Revised Code that	3744
amendments are to be harmonized if reasonably capable of	3745
simultaneous operation, finds that the following sections,	3746
presented in this act as composites of the sections as amended by	3747
the acts indicated, are the resulting versions of the sections in	3748
effect prior to the effective date of the sections as presented in	3749
this act:	3750

Section 5117.02 of the Revised Code as amended by both Am.	3751
Sub. S.B. 3 and the version of Am. Sub. S.B. 11 of the 123rd	3752
General Assembly effective on April 1, 2002.	3753

Section 5703.14 of the Revised Code as amended by both Am.	3754
Sub. S.B. 3 and the version of Am. Sub. S.B. 11 of the 123rd	3755
General Assembly effective on April 1, 2002.	3756