To amend sections 101.35 and 119.03 and to enact sections 103.051, 103.052, 103.053, 103.054, 119.035, 119.037, 119.038, 119.039, and 119.0311 of the Revised Code to improve opportunities for public participation in the rule-making process by enhancing the ability of the Joint Committee on Agency Rule Review to achieve a quorum, authorizing the Joint Committee and its staff to attend agency rule-making hearings, requiring agency rule-making hearings to be held before Joint Committee hearings, clarifying that rule-making hearings are legislative in form, authorizing public comment before and after rule-making hearings, providing for rule-making hearings to be recorded other than stenographically, authorizing use of advisory committees in the development of rules, requiring publication of a Register of Ohio, and requiring agencies to prepare guides for public participation in rule-making.

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

Sec. 101.35. There is hereby created in the general assembly the joint committee on agency rule review. The committee shall consist of five members of the house of representatives and five members of the senate. Within fifteen days after the commencement of the first regular session of each general assembly, the speaker of the house of representatives shall appoint the members of the committee from the house of representatives, and the president of the senate shall appoint the members of the committee from the senate. Not more than three of the members from each house shall be of the same political party. In the first regular session of a general assembly, the chairperson of the committee shall be appointed by the speaker of the house from among the house members of the committee, and the vice-chairperson shall be appointed by the president of the senate from among the senate members of the committee. In the second regular session of a general assembly, the chairperson shall be appointed by the president of the senate from among the senate members of the committee, and the vice-chairperson shall be appointed by the speaker of the house from among the house members of the committee. The chairperson, vice-chairperson, and members of the committee shall serve until their respective successors are appointed or until they are no longer members of the general assembly. When a vacancy occurs among the officers or members of the committee, it shall be filled in the same manner as the original appointment.

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

The committee has the same powers as other standing or select committees of the general assembly. Six members constitute a quorum, and the concurrence of six members is required for the recommendation of a concurrent resolution invalidating a proposed or effective rule, amendment, rescission, or part thereof, or for the suspension of a rule, amendment, rescission, or part thereof, under division (I) of section 119.03 or section 119.031 of the Revised Code.

WHEN A MEMBER OF THE COMMITTEE IS ABSENT, THE PRESIDENT OR SPEAKER, AS THE CASE MAY BE, MAY DESIGNATE A SUBSTITUTE FROM THE SAME HOUSE AND POLITICAL PARTY AS THE ABSENT MEMBER. THE SUBSTITUTE SHALL SERVE ON THE COMMITTEE IN THE MEMBER'S ABSENCE, AND IS ENTITLED TO PERFORM THE DUTIES OF, AND TO RECEIVE THE SAME BENEFITS AS, THE ABSENT MEMBER.

THE PRESIDENT OR SPEAKER SHALL INFORM THE EXECUTIVE DIRECTOR OF THE COMMITTEE OF A SUBSTITUTION. IF THE EXECUTIVE DIRECTOR LEARNS OF A SUBSTITUTION SUFFICIENTLY IN ADVANCE OF THE MEETING OF THE COMMITTEE THE SUBSTITUTE IS TO ATTEND, THE EXECUTIVE DIRECTOR SHALL PUBLISH NOTICE OF THE SUBSTITUTION ON THE INTERNET, MAKE REASONABLE EFFORT TO INFORM OF THE SUBSTITUTION PERSONS WHO ARE KNOWN TO THE EXECUTIVE DIRECTOR TO BE INTERESTED IN RULES THAT ARE SCHEDULED FOR REVIEW AT THE MEETING, AND INFORM OF THE SUBSTITUTION PERSONS WHO INQUIRE OF THE EXECUTIVE DIRECTOR CONCERNING THE MEETING.

The committee may meet during periods in which the general assembly has adjourned. At meetings of the committee, the committee may request a rule-making agency, as defined in section 119.01 of the Revised Code, to provide information relative to the agency's implementation of its statutory authority.

A MEMBER OF THE COMMITTEE, AND THE EXECUTIVE DIRECTOR AND STAFF OF THE COMMITTEE, ARE ENTITLED IN THEIR OFFICIAL CAPACITIES TO ATTEND, BUT NOT IN THEIR OFFICIAL CAPACITIES TO PARTICIPATE IN, A PUBLIC HEARING CONDUCTED BY A RULE-MAKING AGENCY ON A PROPOSED RULE, AMENDMENT, OR RESCISSION.

Sec. 103.051. THE "REGISTER OF OHIO" IS AN ELECTRONIC PUBLICATION THAT FUNCTIONS AS A GAZETTE TO WHICH MEMBERS OF THE PUBLIC MAY READILY RESORT FOR NOTICE OF AND INFORMATION ABOUT RULE-MAKING PROCESSES. THE DIRECTOR OF THE LEGISLATIVE SERVICE COMMISSION SHALL PUBLISH THE REGISTER. THE REGISTER IS TO INCLUDE ALL RULE-MAKING DOCUMENTS THAT ARE REQUIRED BY STATUTE TO BE PUBLISHED IN THE REGISTER. THE DIRECTOR SHALL DISPLAY THE REGISTER FREE OF CHARGE ON THE INTERNET, AND SHALL ENSURE THAT PRINTED COPIES OF ALL OR PART OF A DOCUMENT PUBLISHED IN THE REGISTER CAN BE EASILY PRODUCED BY USERS OF THE INTERNET.

THE DIRECTOR, TAKING INTO CONSIDERATION THE PUBLIC NOTICE AND INFORMATION FUNCTIONS PERFORMED BY THE REGISTER, SHALL UPDATE THE REGISTER AT REASONABLE INTERVALS, BUT NOT LESS OFTEN THAN WEEKLY. THE DIRECTOR SHALL ESTABLISH A REASONABLE DEADLINE BEFORE EACH UPDATING. A DOCUMENT RECEIVED BY THE DIRECTOR ON OR BEFORE A DEADLINE IS TO BE PUBLISHED IN THE REGISTER UPON THE REGISTER'S NEXT UPDATING. THE DIRECTOR SHALL PURGE A DOCUMENT FROM THE REGISTER WHEN ITS DISPLAY NO LONGER SERVES THE PUBLIC NOTICE AND INFORMATION FUNCTIONS PERFORMED BY THE REGISTER.

THE DIRECTOR UPON REQUEST OF ANY PERSON SHALL PROVIDE THE PERSON WITH A PRINTED COPY OF ALL OR PART OF A DOCUMENT PUBLISHED IN THE REGISTER. THE DIRECTOR MAY CHARGE AND COLLECT A FEE FOR THIS SERVICE. ANY SUCH FEE IS NOT TO EXCEED THE ACTUAL COST OF PRINTING AND DELIVERING THE PRINTED COPY TO THE PERSON REQUESTING IT. THE DIRECTOR SHALL DEPOSIT THE FEES INTO THE STATE TREASURY TO THE CREDIT OF THE REGISTER OF OHIO FUND.

Sec. 103.052. THE DIRECTOR OF THE LEGISLATIVE SERVICE COMMISSION MAY REQUEST AN AGENCY TO PROVIDE THE DIRECTOR WITH ASSISTANCE THAT IS WITHIN THE AGENCY'S COMPETENCE AND THAT IS REASONABLY NECESSARY TO ENSURE THE DIRECTOR'S SUCCESSFUL, EFFICIENT, AND TIMELY ELECTRONIC PUBLICATION OF THE REGISTER OF OHIO.

Sec. 103.053. TO RECOVER A PORTION OF THE COST OF PUBLISHING THE REGISTER OF OHIO, THE DIRECTOR OF THE LEGISLATIVE SERVICE COMMISSION MAY SEEK REIMBURSEMENT FROM AN AGENCY OF ACTUAL COSTS THE DIRECTOR INCURS IN PUBLISHING THE AGENCY'S DOCUMENTS IN THE REGISTER. THE AMOUNT SOUGHT FOR REIMBURSEMENT IS TO BE AN AMOUNT PROPORTIONAL TO THE INTERNET SPACE ALLOCATED TO THE AGENCY FOR PUBLISHING THE AGENCY'S DOCUMENTS IN THE REGISTER, AND IS TO BE REDUCED BY THE VALUE OF ASSISTANCE THE AGENCY HAS PROVIDED TO THE DIRECTOR WITH RESPECT TO PUBLICATION OF THE REGISTER. THE DIRECTOR SHALL DEPOSIT REIMBURSEMENTS INTO THE STATE TREASURY TO THE CREDIT OF THE REGISTER OF OHIO FUND.

Sec. 103.054. THE REGISTER OF OHIO FUND IS HEREBY CREATED IN THE STATE TREASURY. THE DIRECTOR OF THE LEGISLATIVE SERVICE COMMISSION SHALL USE MONEY IN THE FUND TO DEFRAY COSTS OF PUBLISHING THE REGISTER OF OHIO. INVESTMENT EARNINGS OF THE FUND ARE TO BE CREDITED TO THE FUND.

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

(A) Reasonable public notice shall be given IN THE REGISTER OF OHIO at least thirty days prior to the date set for a hearing, in the manner and form and for the length of time as the agency determines and. THE AGENCY SHALL FILE COPIES OF THE PUBLIC NOTICE UNDER DIVISION (B) OF THIS SECTION. (THE AGENCY GIVES PUBLIC NOTICE IN THE REGISTER OF OHIO WHEN THE PUBLIC NOTICE IS PUBLISHED IN THE REGISTER UNDER THAT DIVISION.)

THE PUBLIC NOTICE shall include:

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

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

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

(4) The date, time, and place of a hearing on the proposed action, which shall be not earlier than thirty THE THIRTY-FIRST nor later than fifty days THE FORTIETH DAY after the proposed rule, amendment, or rescission is filed under division (B) of this section. In

IN addition to public notice GIVEN IN THE REGISTER OF OHIO, the agency may give whatever other notice it REASONABLY considers necessary TO ENSURE NOTICE CONSTRUCTIVELY IS GIVEN TO ALL PERSONS WHO ARE SUBJECT TO OR AFFECTED BY THE PROPOSED RULE, AMENDMENT, OR RESCISSION. Each agency shall adopt a rule setting forth in detail the method that the agency shall follow in giving public notice as to the adoption, amendment, or rescission of rules. The rule shall require the

THE agency to SHALL provide A COPY OF the public notice required under division (A) of this section to any person who requests it and pays a reasonable fee, not to exceed the cost of copying and mailing. The methods used for notification may include, but are not limited to, mailing notices to all subscribers on a mailing list or mailing notices in addressed, stamped envelopes provided by the person requesting the notice.

(B) One copy of the full text of the proposed rule, amendment, or rule to be rescinded, accompanied by one copy of the public notice required under division (A) of this section, shall be filed with the secretary of state. Two copies of the full text of the proposed rule, amendment, or rule to be rescinded, accompanied by two copies of the public notice required under division (A) of this section, shall be filed with the director of the legislative service commission. (If in compliance with this division an agency files more than one proposed rule, amendment, or rescission at the same time, and has given PREPARED a public notice under division (A) of this section that applies to more than one of the proposed rules, amendments, or rescissions, the agency shall file only one copy of the notice with the secretary of state and only two copies of the notice with the director for all of the proposed rules, amendments, or rescissions to which the notice applies.) The proposed rule, amendment, or rescission and public notice shall be filed as required by this division at least sixty days prior to the date on which the agency, in accordance with division (D) of this section, issues an order adopting the proposed rule, amendment, or rescission. The

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

IF the agency files a substantive revision in the text of the proposed rule, amendment, or rescission under division (H) of this section, it shall also promptly file one copy of the full text of the proposed rule, amendment, or rescission in its revised form with the secretary of state and two copies thereof with the director of the legislative service commission. The

THE agency shall attach a copy of the rule summary and fiscal analysis prepared under section 121.24 or 127.18 of the Revised Code, or both, to each copy of a proposed rule, AMENDMENT, OR RESCISSION or proposed rule, AMENDMENT, OR RESCISSION in revised form that is filed with the secretary of state or the director of the legislative service commission.

THE DIRECTOR OF THE LEGISLATIVE SERVICE COMMISSION SHALL PUBLISH IN THE REGISTER OF OHIO THE FULL TEXT OF THE ORIGINAL AND EACH REVISED VERSION OF A PROPOSED RULE, AMENDMENT, OR RESCISSION; THE FULL TEXT OF A PUBLIC NOTICE; AND THE FULL TEXT OF A RULE SUMMARY AND FISCAL ANALYSIS THAT IS FILED WITH THE DIRECTOR UNDER THIS DIVISION.

(C) On the date and at the time and place designated in the notice, the agency shall conduct a public hearing at which any person affected by the proposed action of the agency may appear and be heard in person, by his THE PERSON'S attorney, or both, may present his THE PERSON'S position, arguments, or contentions, orally or in writing, offer and examine witnesses, and present evidence tending to show that the proposed rule, amendment, or rescission, if adopted or effectuated, will be unreasonable or unlawful. AN AGENCY MAY PERMIT PERSONS AFFECTED BY THE PROPOSED RULE, AMENDMENT, OR RESCISSION TO PRESENT THEIR POSITIONS, ARGUMENTS, OR CONTENTIONS IN WRITING, NOT ONLY AT THE HEARING, BUT ALSO FOR A REASONABLE PERIOD BEFORE, AFTER, OR BOTH BEFORE AND AFTER THE HEARING. A PERSON WHO PRESENTS A POSITION OR ARGUMENTS OR CONTENTIONS IN WRITING BEFORE OR AFTER THE HEARING IS NOT REQUIRED TO APPEAR AT THE HEARING.

At the hearing, the testimony, rulings on the admissibility of evidence, and proffers of evidence shall be recorded by stenographic means. Such record shall be made at the expense of the agency. THE AGENCY IS REQUIRED TO TRANSCRIBE A RECORD THAT IS NOT SIGHT READABLE ONLY IF A PERSON REQUESTS TRANSCRIPTION OF ALL OR PART OF THE RECORD AND AGREES TO REIMBURSE THE AGENCY FOR THE COSTS OF THE TRANSCRIPTION. AN AGENCY MAY REQUIRE THE PERSON TO PAY IN ADVANCE ALL OR PART OF THE COST OF THE TRANSCRIPTION.

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

The agency shall pass upon the admissibility of evidence, but the person affected may at the time make objection to the ruling of the agency, and if the agency refuses to admit evidence the person offering the evidence shall make a proffer of the evidence, and the proffer shall be made a part of the record of such hearing.

(D) After complying with divisions (A), (B), (C), and (H) of this section, and when the time for legislative review and invalidation under division (I) of this section has expired, the agency may issue an order adopting the proposed rule or the proposed amendment or rescission of the rule, consistent with the synopsis or general statement included in the public notice. At that time the agency shall designate the effective date of the rule, amendment, or rescission, which shall not be earlier than the tenth day after the rule, amendment, or rescission has been filed in its final form as provided in section 119.04 of the Revised Code.

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

(F) If the governor, upon the request of an agency, determines that an emergency requires the immediate adoption, amendment, or rescission of a rule, he THE GOVERNOR shall issue a written order, a copy of which shall be filed with the secretary of state, the director of the legislative service commission, and the joint committee on agency rule review, that the procedure prescribed by this section with respect to the adoption, amendment, or rescission of a specified rule is suspended. The agency may then adopt immediately the emergency rule, amendment, or rescission and it becomes effective on the date copies of the rule, amendment, or rescission, in final form and in compliance with division (A)(2) of section 119.04 of the Revised Code, are filed as follows: two certified copies of the emergency rule, amendment, or rescission shall be filed with both the secretary of state and the director of the legislative service commission, and one certified copy of the emergency rule, amendment, or rescission shall be filed with the joint committee on agency rule review. If all copies are not filed on the same day, the emergency rule, amendment, or rescission shall be effective on the day on which the latest filing is made. The THE DIRECTOR SHALL PUBLISH THE FULL TEXT OF THE EMERGENCY RULE, AMENDMENT, OR RESCISSION IN THE REGISTER OF OHIO.

THE emergency rule, amendment, or rescission shall become invalid at the end of the ninetieth day it is in effect. Prior to that date the agency may adopt the emergency rule, amendment, or rescission as a nonemergency rule, amendment, or rescission by complying with the procedure prescribed by this section for the adoption, amendment, and rescission of nonemergency rules. The agency shall not use the procedure of this division to readopt the emergency rule, amendment, or rescission so that, upon the emergency rule, amendment, or rescission becoming invalid under this division, the emergency rule, amendment, or rescission will continue in effect without interruption for another ninety-day period. This

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

(G) Rules adopted by an authority within the department of taxation or the bureau of employment services shall be effective without a hearing as provided by this section if the statutes pertaining to such agency specifically give a right of appeal to the board of tax appeals or to a higher authority within the agency or to a court, and also give the appellant a right to a hearing on such appeal. This division does not apply to the adoption of any rule, amendment, or rescission by the tax commissioner under division (C)(1) or (2) of section 5117.02 of the Revised Code, or deny the right to file an action for declaratory judgment as provided in Chapter 2721. of the Revised Code from the decision of the board of tax appeals or of the higher authority within such agency.

(H) When any agency files a proposed rule, amendment, or rescission under division (B) of this section, it shall also file with the joint committee on agency rule review two copies of the full text of the proposed rule, amendment, or rule to be rescinded in the same form and two copies of the public notice required under division (A) of this section. (If in compliance with this division an agency files more than one proposed rule, amendment, or rescission at the same time, and has given a public notice under division (A) of this section that applies to more than one of the proposed rules, amendments, or rescissions, the agency shall file only two copies of the notice with the joint committee for all of the proposed rules, amendments, or rescissions to which the notice applies.) If the agency makes a substantive revision in a proposed rule, amendment, or rescission after it is filed with the joint committee, the agency shall promptly file two copies of the full text of the proposed rule, amendment, or rescission in its revised form with the joint committee. The latest version of a proposed rule, amendment, or rescission as filed with the joint committee supersedes each earlier version of the text of the same proposed rule, amendment, or rescission. An agency shall attach one copy of the rule summary and fiscal analysis prepared under section 121.24 or 127.18 of the Revised Code, or both, to each copy of a proposed rule, amendment, or rescission, and to each copy of a proposed rule, amendment, or rescission in revised form, that is filed under this division.

This division does not apply to:

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

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

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

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

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

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

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

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

(d) That the rule-making agency has failed to prepare a complete and accurate rule summary and fiscal analysis of the proposed rule, amendment, or rescission as required by section 121.24 or 127.18 of the Revised Code, or both.

THE JOINT COMMITTEE SHALL NOT HOLD ITS PUBLIC HEARING ON A PROPOSED RULE, AMENDMENT, OR RESCISSION EARLIER THAN THE FORTY-FIRST DAY AFTER THE ORIGINAL VERSION OF THE PROPOSED RULE, AMENDMENT, OR RESCISSION WAS FILED WITH THE JOINT COMMITTEE.

The house of representatives and senate may adopt a concurrent resolution invalidating a proposed rule, amendment, rescission, or part thereof. The concurrent resolution shall state which of the specific rules, amendments, rescissions, or parts thereof are invalidated. A concurrent resolution invalidating a proposed rule, amendment, or rescission shall be adopted prior to NOT LATER THAN the sixtieth day after the original version of the text of the proposed rule, amendment, or rescission is filed with the joint committee, except that if more than thirty days after the original version is filed the rule-making agency either files a revised version of the text of the proposed rule, amendment, or rescission, or revises the rule summary and fiscal analysis in accordance with division (I)(4) of this section, a concurrent resolution invalidating the proposed rule, amendment, or rescission shall be adopted prior to NOT LATER THAN the thirtieth day after the revised version of the proposed rule or rule summary and fiscal analysis is filed. If, after the joint committee on agency rule review recommends the adoption of a concurrent resolution invalidating a proposed rule, amendment, rescission, or part thereof, the house of representatives or senate does not, within the time remaining for adoption of the concurrent resolution, hold five floor sessions at which its journal records a roll call vote disclosing a sufficient number of members in attendance to pass a bill, the time within which that house may adopt the concurrent resolution is extended until it has held five such floor sessions.

Within five days after the adoption of a concurrent resolution invalidating a proposed rule, amendment, rescission, or part thereof, the clerk of the senate shall send the rule-making agency, the secretary of state, and the director of the legislative service commission a certified copy of the resolution together with a certification stating the date on which the resolution takes effect. The secretary of state and the director of the legislative service commission shall each note the invalidity of the proposed rule, amendment, rescission, or part thereof on his copy THEIR COPIES, and shall each remove the invalid proposed rule, amendment, rescission, or part thereof from the file of proposed rules. The rule-making agency shall not proceed to adopt in accordance with division (D) of this section, or to file in accordance with division (B)(1) of section 111.15 of the Revised Code, any version of a proposed rule, amendment, rescission, or part thereof that has been invalidated by concurrent resolution.

Unless the house of representatives and senate adopt a concurrent resolution invalidating a proposed rule, amendment, rescission, or part thereof within the time specified by this division, the rule-making agency may proceed to adopt in accordance with division (D) of this section, or to file in accordance with division (B)(1) of section 111.15 of the Revised Code, the latest version of the proposed rule, amendment, or rescission as filed with the joint committee. If by concurrent resolution certain of the rules, amendments, rescissions, or parts thereof are specifically invalidated, the rule-making agency may proceed to adopt, in accordance with division (D) of this section, or to file in accordance with division (B)(1) of section 111.15 of the Revised Code, the latest version of the proposed rules, amendments, rescissions, or parts thereof as filed with the joint committee that are not specifically invalidated. The rule-making agency may not revise or amend any proposed rule, amendment, rescission, or part thereof that has not been invalidated except as provided in this chapter or in section 111.15 of the Revised Code.

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

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

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

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

(4) In lieu of recommending a concurrent resolution to invalidate a proposed rule, amendment, rescission, or part thereof because the rule-making agency has failed to prepare a complete and accurate fiscal analysis, the joint committee on agency rule review may issue, on a one-time basis, for rules, amendments, rescissions, or parts thereof that have a fiscal effect on school districts, counties, townships, or municipal corporations, a written finding that the rule summary and fiscal analysis is incomplete or inaccurate and order the rule-making agency to revise the rule summary and fiscal analysis and refile it with the proposed rule, amendment, rescission, or part thereof. If an emergency rule is filed as a nonemergency rule before the end of the ninetieth day of the emergency rule's effectiveness, and the joint committee issues a finding and orders the rule-making agency to refile under division (I)(4) of this section, the governor may also issue a written order stating that the emergency rule shall remain in effect for an additional sixty days after the ninetieth day of the emergency rule's effectiveness. Copies of the governor's written orders shall be filed in accordance with division (F) of this section. The joint committee shall send the rule-making agency, the secretary of state, and the director of the legislative service commission a certified copy of the order to revise the rule summary and fiscal analysis, which shall take immediate effect.

A written order issued under division (I)(4) of this section shall prevent the rule-making agency from instituting or continuing proceedings to adopt any version of the proposed rule, amendment, rescission, or part thereof until the rule-making agency revises the rule summary and fiscal analysis and refiles it with the joint committee along with the proposed rule, amendment, rescission, or part thereof. If the joint committee finds the rule summary and fiscal analysis to be complete and accurate, the joint committee shall issue a new written order noting that the rule-making agency has revised and refiled a complete and accurate rule summary and fiscal analysis. The joint committee shall send the rule-making agency, the secretary of state, and the director of the legislative service commission a certified copy of this new order. The secretary of state and the director of the legislative service commission shall each attach this order to their copies of the proposed rule, amendment, rescission, or part thereof. The rule-making agency may then proceed to adopt in accordance with division (D) of this section, or to file in accordance with division (B)(1) of section 111.15 of the Revised Code, the proposed rule, amendment, rescission, or part thereof that was subject to the written finding and order under division (I)(4) of this section. If the joint committee determines that the revised rule summary and fiscal analysis is still inaccurate or incomplete, the joint committee shall recommend the adoption of a concurrent resolution in accordance with division (I)(1) of this section.

Sec. 119.035. AN AGENCY MAY APPOINT AN ADVISORY COMMITTEE TO ADVISE THE AGENCY CONCERNING ITS DEVELOPMENT OF A RULE, AMENDMENT, OR RESCISSION, AND MAY OTHERWISE CONSULT WITH PERSONS REPRESENTING INTERESTS THAT WOULD BE AFFECTED BY THE RULE, AMENDMENT, OR RESCISSION WERE IT ACTUALLY TO BE PROPOSED AND ADOPTED. UPON AN AGENCY'S REQUEST, THE EXECUTIVE DIRECTOR OR ANOTHER OFFICER OR EMPLOYEE OF THE OHIO COMMISSION ON DISPUTE RESOLUTION AND CONFLICT MANAGEMENT MAY SERVE AS A GROUP FACILITATOR FOR, BUT NOT AS A MEMBER OF, SUCH AN ADVISORY COMMITTEE.

Sec. 119.037. UNLESS EXPLICITLY PROVIDED OTHERWISE BY STATUTE, IF A DOCUMENT IS REQUIRED BY STATUTE TO BE PUBLISHED IN THE REGISTER OF OHIO, ITS PUBLICATION IN THE REGISTER IS SUFFICIENT TO GIVE NOTICE OF THE CONTENT OF THE DOCUMENT TO A PERSON WHO IS SUBJECT TO OR AFFECTED BY THE CONTENT. UNTIL THE DOCUMENT IS SO PUBLISHED, ITS CONTENT IS NOT VALID AGAINST A PERSON WHO DOES NOT HAVE ACTUAL KNOWLEDGE OF THE CONTENT.

Sec. 119.038. AN AGENCY SHALL PROVIDE THE DIRECTOR OF THE LEGISLATIVE SERVICE COMMISSION WITH ASSISTANCE THAT IS WITHIN THE AGENCY'S COMPETENCE AND THAT THE DIRECTOR REQUESTS WITH RESPECT TO ELECTRONIC PUBLICATION OF THE REGISTER OF OHIO.

Sec. 119.039. AN AGENCY BY MEANS OF AN INTRASTATE TRANSFER VOUCHER SHALL PAY TO THE DIRECTOR OF THE LEGISLATIVE SERVICE COMMISSION THE AMOUNT THE DIRECTOR SEEKS AS REIMBURSEMENT FROM THE AGENCY FOR THE ACTUAL COSTS OF PUBLISHING THE AGENCY'S DOCUMENTS IN THE REGISTER OF OHIO.

Sec. 119.0311. EACH AGENCY SHALL PREPARE AND PUBLISH, AND AS IT BECOMES NECESSARY OR ADVISABLE, REVISE AND REPUBLISH, A GUIDE TO ITS RULE-MAKING PROCESS THAT FUNCTIONS GENERALLY TO ASSIST MEMBERS OF THE PUBLIC WHO PARTICIPATE, OR WHO MAY WISH TO PARTICIPATE, IN THE AGENCY'S RULE-MAKING. THE AGENCY'S GUIDE IS TO INCLUDE:

(A) A STATEMENT OF THE AGENCY'S REGULATORY MISSION;

(B) A DESCRIPTION OF HOW THE AGENCY IS ORGANIZED TO ACHIEVE ITS REGULATORY MISSION;

(C) AN EXPLANATION OF RULE-MAKING THE AGENCY IS AUTHORIZED OR REQUIRED TO ENGAGE IN TO ACHIEVE ITS REGULATORY MISSION;

(D) AN EXPLANATION OF THE AGENCY'S RULE-MAKING PROCESS;

(E) AN INDICATION OF THE POINTS IN THE AGENCY'S RULE-MAKING PROCESS AT WHICH MEMBERS OF THE PUBLIC CAN PARTICIPATE;

(F) AN EXPLANATION OF HOW MEMBERS OF THE PUBLIC CAN PARTICIPATE IN THE AGENCY'S RULE-MAKING PROCESS AT EACH INDICATED POINT OF PARTICIPATION; AND

(G) OTHER INFORMATION THE AGENCY REASONABLY CONCLUDES WILL ASSIST MEMBERS OF THE PUBLIC MEANINGFULLY TO PARTICIPATE IN THE AGENCY'S RULE-MAKING.

AN AGENCY'S GUIDE IS NOT TO BE ADOPTED AS A RULE, BUT RATHER AS A NARRATIVE EXPLANATION OF THE MATTERS OUTLINED IN THIS SECTION. AN AGENCY'S FAILURE TO CONFORM ITS RULE-MAKING PROCESS TO ITS GUIDE IS NOT CAUSE FOR INVALIDATING A RULE, AMENDMENT, OR RESCISSION ADOPTED BY THE AGENCY.

THE AGENCY SHALL PUBLISH OR REPUBLISH ITS GUIDE BOTH IN THE REGISTER OF OHIO AND AS A PRINTED PAMPHLET.

THE AGENCY SHALL SUBMIT A COPY OF ITS GUIDE, IN PAMPHLET OR PREFERABLY IN ELECTRONIC FORM, TO THE DIRECTOR OF THE LEGISLATIVE SERVICE COMMISSION. THE DIRECTOR THEREUPON SHALL PUBLISH THE AGENCY'S GUIDE IN THE REGISTER OF OHIO.

THE AGENCY SHALL PROVIDE A COPY OF ITS PAMPHLET GUIDE TO ANY PERSON UPON REQUEST. THE AGENCY MAY CHARGE THE PERSON A FEE FOR THIS SERVICE, BUT THE FEE IS NOT TO EXCEED THE PER COPY COST OF PRODUCING THE PAMPHLET GUIDE AND THE ACTUAL COST OF DELIVERING IT TO THE PERSON.

(B) Section 119.037 of the Revised Code is to be known as the "Guide to Public Participation in Rule-Making Act."