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|
As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Am. Sub. S. B. No. 11 |
SENATORS KEARNS-CARNES-DiDONATO-BLESSING-CUPP-
DRAKE-McLIN-OELSLAGER-SCHAFRATH-WACHTMANN-LATELL-FURNEY-
GARDNER-BRADY-HAGAN-HERINGTON-HOTTINGER-MALLORY-SPADA-
FINGERHUT-PRENTISS-
REPRESENTATIVES MOTTLEY-TERWILLEGER-AUSTRIA-
TRAKAS-BUEHRER-SYKES-FLANNERY-AMSTUTZ-DAMSCHRODER-
WILLAMOWSKI-VESPER-SUTTON-GRENDELL-HAINES-HARRIS-MEAD-
YOUNG-SULLIVAN-LOGAN-HARTNETT-METZGER-VERICH-DePIERO-
WILSON-BRADING-ROMAN-TAYLOR-OPFER-CATES-BARNES-KILBANE-
PERZ-PATTON
A BILL
To amend sections 101.35, 103.05, 103.13, 103.25, 111.15, 119.03, and 119.032
and to
enact
sections 103.051, 103.052, 103.053, 103.054, 103.0511, 119.035, 119.037,
119.038,
119.039, and 119.0311 of the Revised Code and to repeal Section 154 of Am.
Sub. H.B. 215 of the 122nd General Assembly 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, modifying the timeframe for legislative review of proposed rules,
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 rules that
are exempt from legislative review because of federal requirements
are subject to
legislative review if the federal requirement ends,
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;
to make
revisions and corrections in the law providing for cyclical review
of rules;
to modify the conditions under
which compensation is paid to members of the Joint Committee on Agency Rule
Review;
to amend sections
103.05, 111.15, 117.20, 119.03, 119.031, 119.032, 119.0311, 119.04, 121.24,
121.39, 127.18, 4141.14, 5117.02, and 5703.14 of the Revised Code on April
1,
2001, to provide a transition to electronic filing of rules and related
documents; and to amend sections 103.05, 111.15, 117.20, 119.03, 119.031,
119.032, 119.0311, 119.04, 121.24, 121.39, 127.18, 4141.14, 5117.02, and
5703.14 and to enact section 103.0512 of the Revised Code on April 1, 2002,
to provide for rules and
related documents to be filed exclusively in electronic form.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 101.35, 103.05, 103.13, 103.25, 111.15, 119.03, and
119.032
be
amended
and sections 103.051, 103.052, 103.053, 103.054, 103.0511, 119.035, 119.037,
119.038,
119.039, and 119.0311 of the
Revised Code be enacted to read as follows:
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
A MEMBER OF THE COMMITTEE. FOR SERVING ON THE COMMITTEE, THE SUBSTITUTE SHALL
BE PAID THE SAME PER DIEM AND NECESSARY TRAVELING EXPENSES AS THE SUBSTITUTE
WOULD BE ENTITLED TO RECEIVE IF THE SUBSTITUTE WERE A MEMBER OF THE COMMITTEE.
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. 103.05. (A) The director of the legislative service
commission shall be the codifier of the rules of the
administrative agencies of the state. When a rule is filed under
section 111.15, 119.04, 4141.14, or 5703.14 of the Revised Code,
the director or the director's designee shall examine the
rule. If the rule
is not numbered or if the numbering of the rule is not in
conformity with the system established by the director, the
director shall give the rule its proper number by designating
the proper number on the left hand margin of the rule. The number
shall be the official administrative code number of the rule. Any number so
assigned shall be published in any publication of
the administrative code. Rules of the administrative
code shall be cited and referred to by such official numbers.
The legislative service commission shall, pursuant to
section 111.15 of the Revised Code, adopt, amend, and rescind any
rules that are necessary to provide a uniform administrative
code,; to provide standards for use by the director in
determining
whether to include in the administrative code the full text of,
or a reference to, any rule filed with the commission, and; to
permit the director to discharge the director's duties and
exercise the director's
powers as described in this section; AND TO PERMIT THE DIRECTOR TO
DISCHARGE THE DIRECTOR'S DUTIES AND EXERCISE THE DIRECTOR'S
POWERS WITH RESPECT TO ESTABLISHING AND MAINTAINING, AND
ENHANCING AND IMPROVING, THE ELECTRONIC RULE-FILING SYSTEM UNDER
SECTION 103.0511 OF THE REVISED
CODE.
When the commission adopts rules to provide standards for
use by the director in determining whether to include the full
text of, or a reference to, a rule in the administrative code, it
shall consider all of the following:
(1) Whether the rule applies uniformly to all citizens of
the state;
(2) Whether the rule applies uniformly to all political
subdivisions of the state;
(3) Whether the rule affects the health, welfare, and
safety of the citizens of the state;
(4) Whether the rule applies only to the internal affairs
of the agency adopting the rule;
(5) The number of persons affected by the rule;
(6) Whether the rule affects the statutory or
constitutional rights of any person.
The director or the director's designee shall accept any
rule that is
filed under section 111.15, 119.04, 4141.14, or 5703.14 of the
Revised Code. If the director or the director's designee
accepts a rule that is not in compliance with the rules of the commission, the
director shall give written notice of the noncompliance to the agency that
filed the rule within thirty days after the date on which the
rule is filed. The notice shall indicate why the rule does not
comply with the rules of the commission and how the rule can be
brought into compliance. The failure of the director to give an
agency notice within the thirty-day period shall presumptively
establish that the rule complies with the rules of the
commission.
(B) The director shall approve as acceptable any publication of the code
conforming to the requirements of this division.
An Ohio administrative code approved as acceptable by
the director shall:
(1) Contain a compilation of the full text of, or a
reference to, each rule filed under sections 111.15, 119.04,
4141.14, and 5703.14 of the Revised Code;
(2) Presumptively establish the rules of all agencies
adopting rules under section 111.15, 4141.14, 5703.14, or Chapter
119. of the Revised Code that are in effect on the day of its
initial publication;
(3) Contain the full text of, or a reference to, each rule
adopted after its initial publication and be updated at least quarterly;
(4) Contain an index of the rules and references to rules
that are included in the code and each supplement using terms
easily understood by the general public;
(5) Be published in electronic
or print format following, to
the
extent possible, the subject matter arrangement of the Revised
Code;
(6) Be numbered according to the numbering system devised
by the director.
(C) If the director does not approve as acceptable any
publication of the administrative code, the director, subject to division (D)
of this section, may
prepare and publish the code, or contract with any person under this
division to
prepare and publish the code. Any code published under this
division shall
include all of the requirements of division (B) of this section.
In addition, the director shall furnish any code or supplement published
under this division to any
person who requests the code or supplement upon payment of a charge
established by the director, not to
exceed the cost of preparation and publication.
Upon the request of the director of the legislative service
commission under this division, the director of administrative services, in
accordance with the competitive selection procedure of Chapter
125. of the Revised Code, shall let a contract for the
compilation, preparation, and printing or publication of the administrative
code and supplements.
(D) The director shall not prepare and publish the
administrative code in a print mode or any other mode under division
(B) or (C) of this section unless no other person is willing
and qualified to publish a version of the code in that mode that the director
has approved as acceptable.
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. 103.0511. THE DIRECTOR OF THE LEGISLATIVE SERVICE COMMISSION SHALL
ESTABLISH AND MAINTAIN, AND ENHANCE AND IMPROVE, AN ELECTRONIC RULE-FILING
SYSTEM CONNECTING:
(A) THE LEGISLATIVE SERVICE COMMISSION,
THE JOINT COMMITTEE ON AGENCY RULE REVIEW, THE SECRETARY OF STATE, AND THE
OFFICE OF SMALL BUSINESS;
(B) THE GOVERNOR, THE SENATE AND HOUSE
OF REPRESENTATIVES, AND THE CLERKS OF THE SENATE AND HOUSE OF
REPRESENTATIVES;
(C) EACH AGENCY THAT FILES RULES AND
OTHER RULE-MAKING AND RULE-RELATED DOCUMENTS WITH THE LEGISLATIVE SERVICE
COMMISSION, THE JOINT COMMITTEE ON AGENCY RULE REVIEW, THE GOVERNOR, THE
SECRETARY OF STATE, THE OFFICE OF SMALL BUSINESS, THE GENERAL ASSEMBLY, OR A
COMMITTEE OF THE SENATE OR HOUSE OF REPRESENTATIVES UNDER SECTION 111.15,
117.20, 119.03, 119.031, 119.032, 119.0311, 119.04, 121.24, 121.39, 127.18,
4141.14, 5117.02, OR 5703.14 OF THE REVISED
CODE OR ANY OTHER STATUTE;
(D) THE SEVERAL PUBLISHERS OF THE
ADMINISTRATIVE
CODE; AND
(E) ANY OTHER PERSON OR GOVERNMENTAL
OFFICER OR ENTITY WHOSE INCLUSION IN THE SYSTEM IS REQUIRED FOR THE SYSTEM TO
BE A COMPLETE ELECTRONIC RULE-FILING SYSTEM.
THE ELECTRONIC RULE-FILING SYSTEM IS TO ENABLE RULES AND RULE-MAKING AND
RULE-RELATED DOCUMENTS TO BE FILED, AND OFFICIAL RESPONSES TO THESE FILINGS TO
BE MADE, EXCLUSIVELY BY ELECTRONIC MEANS.
Sec. 103.13. The Ohio legislative service commission
shall:
(A) Conduct research, make investigations, and secure
information or data on any subject and make reports thereon to
the general assembly;
(B) Ascertain facts and make reports concerning the state
budget, the revenues and expenditures of the state, and of the
organization and functions of the state, its departments,
subdivisions, and agencies;
(C) Make surveys, investigations, and studies, and compile
data, information, and records on any question which may be
referred to it by either house of the general assembly or any
standing committee of the general assembly;
(D) Assist and cooperate with any interim legislative
committee or other agency created by the general assembly;
(E) Prepare or advise in the preparation of any bill or
resolution, when requested by any member of the general assembly;
(F) Collect, classify, and index the documents of the
state which shall include executive and legislative documents and
departmental reports and keep on file all bills, resolutions, and
official journals printed by order of either house of the general
assembly;
(G) Provide members of the general assembly with impartial
and accurate information and reports concerning legislative
problems in accordance with rules prescribed by the commission;
(H) Annually collect the reports required by section
4743.01 of the Revised Code and prepare a report evaluating the
extent to which state boards and commissions which regulate
occupations are financially self-supporting. The report shall be
presented to the speaker and the minority leader of the house of
representatives, the president and the minority leader of the
senate, and the chairman CHAIRPERSON and ranking minority member
of the
finance committees of both houses, on or before the thirty-first
day of December each year.
(I) Codify the rules of administrative agencies of the
state in accordance with the provisions of section 103.05 of the
Revised Code;
(J) PUBLISH THE REGISTER OF OHIO UNDER SECTION
103.051 OF THE REVISED CODE;
(K) OPERATE THE
ELECTRONIC RULE-FILING SYSTEM UNDER SECTION 103.0511 OF THE
REVISED CODE.
Sec. 103.25. The director of the legislative service commission shall take
all necessary measures to protect and maintain the integrity and security of
all:
(A) ALL legislative AND QUASI-LEGISLATIVE documents
stored in an electronic format, including any
database that contains the Revised Code or Ohio
administrative code; AND
(B) THE ELECTRONIC RULE-FILING SYSTEM.
Sec. 111.15. (A) As used in this section:
(1) "Rule" includes any rule, regulation, bylaw, or
standard having a general and uniform operation adopted by an
agency under the authority of the laws governing the agency; any
appendix to a rule; and any internal management rule. "Rule"
does not include any guideline adopted pursuant to section
3301.0714 of the Revised Code, any order respecting the duties of
employees, any finding, any determination of a question of law or
fact in a matter presented to an agency, or any rule promulgated
pursuant to Chapter 119., section 4141.14, division (C)(1) or (2)
of section 5117.02, or section 5703.14 of the Revised Code.
"Rule" includes any amendment or rescission of a rule.
(2) "Agency" means any governmental entity of the state
and includes, but is not limited to, any board, department,
division, commission, bureau, society, council, institution,
state college or university, community college district,
technical college district, or state community college. "Agency"
does not include the general assembly, the controlling board,
the adjutant general's department, or
any court.
(3) "Internal management rule" means any rule, regulation,
bylaw, or standard governing the day-to-day staff procedures and
operations within an agency.
(4) "Substantive revision" has the same meaning as in
division (J) of section 119.01 of the Revised Code.
(B)(1) Any rule, other than a rule of an emergency nature,
adopted by any agency pursuant to this section shall be effective
on the tenth day after the day on which the rule in final form
and in compliance with division (B)(3) of this section is filed
as follows:
(a) Two certified copies of the rule shall be filed with
both the secretary of state and the director of the legislative
service commission;
(b) Two certified copies of the rule shall be filed with
the joint committee on agency rule review. Division (B)(1)(b) of
this section does not apply to any rule to which division (D) of
this section does not apply.
An agency that adopts or amends a rule that is subject to division
(D) of this section shall assign a review
date to the rule that is not later than five years after its effective date.
If no review date is assigned to a rule, or if a review date assigned to a
rule exceeds the five-year maximum, the review date for the rule is
five years after its effective date. A rule with a review date is
subject to review under section 119.032 of the
Revised Code. This paragraph does not apply to a rule of a
state college or university, community college district, technical college
district, or state community college.
If all copies are not filed on the same day, the rule shall
be effective on the tenth day after the day on which the latest
filing is made. If an agency in adopting a rule designates an
effective date that is later than the effective date provided for
by division (B)(1) of this section, the rule if filed as required
by such division shall become effective on the later date
designated by the agency.
Any rule that is required to be filed under division (B)(1)
of this section is also subject to division (D) of this section
if not exempted by division (D)(1), (2), (3), (4), (5), (6),
(7), or (8) of this section.
(2) A rule of an emergency nature necessary for the
immediate preservation of the public peace, health, or safety
shall state the reasons for the necessity. Copies of the
emergency rule, in final form and in compliance with division
(B)(3) of this section, shall be filed as follows: two certified
copies of the emergency rule 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 shall be
filed with the joint committee on agency rule review. The
emergency rule is effective immediately upon the latest filing,
except that if the agency in adopting the emergency rule
designates an effective date, or date and time of day, that is
later than the effective date and time provided for by division
(B)(2) of this section, the emergency rule if filed as required
by such division shall become effective at the later date, or
later date and time of day, designated by the agency.
An emergency rule becomes invalid at the end of the
ninetieth day it is in effect. Prior to that date, the agency
may file the emergency rule as a nonemergency rule in compliance
with division (B)(1) of this section. The agency may not refile
the emergency rule in compliance with division (B)(2) of this
section so that, upon the emergency rule becoming invalid under
such division, the emergency rule will continue in effect without
interruption for another ninety-day period.
(3) An agency shall file a rule under division (B)(1) or
(2) of this section in compliance with the following standards
and procedures:
(a) The rule shall be numbered in accordance with the
numbering system devised by the director for the Ohio
administrative code.
(b) The rule shall be prepared and submitted in compliance
with the rules of the legislative service commission.
(c) The rule shall clearly state the date on which it is
to be effective and the date on which it will expire, if known.
(d) Each rule that amends or rescinds another rule shall
clearly refer to the rule that is amended or rescinded. Each
amendment shall fully restate the rule as amended.
If the director of the legislative service commission or
the director's designee gives an agency written notice
pursuant to section
103.05 of the Revised Code that a rule filed by the agency is not
in compliance with the rules of the legislative service
commission, the agency shall within thirty days after receipt of
the notice conform the rule to the rules of the commission as
directed in the notice.
(C) All rules filed pursuant to divisions (B)(1)(a) and
(2) of this section shall be recorded by the secretary of state
and the director under the title of the agency adopting the rule
and shall be numbered according to the numbering system devised
by the director. The secretary of state and the director shall
preserve the rules in an accessible manner. Each such rule shall
be a public record open to public inspection and may be lent to
any law publishing company that wishes to reproduce it.
(D) At least sixty SIXTY-FIVE days before a board, commission,
department, division, or bureau of the government of the state
files a rule under division (B)(1) of this section, it shall file
two copies of the full text of the proposed rule with the
joint
committee on agency rule review, and the proposed rule
is
subject to legislative review and invalidation under division (I)
of section 119.03 of the Revised Code. If a state board,
commission, department, division, or bureau makes a substantive
revision in a proposed rule after it is filed with the joint
committee, the state board, commission, department,
division, or
bureau shall promptly file two copies of the full text of
the
proposed rule in its revised form with the joint committee. The
latest version of a proposed rule as filed with the joint
committee supersedes each earlier version of the text
of the same
proposed rule. Except as provided in division (F) of this
section, a state board, commission, department, division, or
bureau 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, and to each copy
of a proposed rule in revised form, that is filed under this
division.
As used in this division, "commission" includes the public utilities
commission when adopting rules under a federal or state statute.
This division does not apply to any of the following:
(1) A proposed rule of an emergency nature;
(2) A rule proposed under section 1121.05, 1121.06, 1155.18, 1733.412,
4123.29, 4123.34, 4123.341, 4123.342, 4123.40, 4123.411, 4123.44,
or
4123.442 of the Revised Code;
(3) A rule proposed by an agency other than a board,
commission, department, division, or bureau of the government of
the state;
(4) A proposed internal management rule of a board,
commission, department, division, or bureau of the government of
the state;
(5) Any proposed rule 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.
(6) An initial rule proposed by the director of health to
impose safety standards, quality-of-care standards, and quality-of-care data
reporting requirements with respect to a health service specified in section
3702.11 of the Revised Code, or an initial rule proposed by the director to
impose
quality standards on a facility listed in division (A)(4) of section
3702.30 of the Revised Code, if section 3702.12 of the Revised Code requires
that the rule be adopted under this section;
(7) A rule of the state lottery commission pertaining to
instant game rules.
IF A RULE IS EXEMPT FROM LEGISLATIVE REVIEW UNDER DIVISION (D)(5)
OF THIS SECTION, AND IF THE FEDERAL LAW OR RULE PURSUANT TO WHICH THE RULE WAS ADOPTED EXPIRES, IS REPEALED OR RESCINDED, OR
OTHERWISE TERMINATES, THE RULE IS THEREAFTER SUBJECT TO LEGISLATIVE
REVIEW UNDER DIVISION (D) OF THIS SECTION.
(E) Whenever a state board, commission, department,
division, or bureau files a proposed rule or a proposed rule in
revised form under division (D) of this section, it shall also
file one copy of the full text of the same proposed rule or
proposed rule in revised form with the secretary of state and two
copies thereof with the director of the legislative service
commission. Except as provided in division (F) of this section,
a state board, commission, department, division, or bureau 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 or proposed rule in revised form
that is filed with the secretary of state or the director of the
legislative service commission.
(F) Except as otherwise provided in this division, the
auditor of state or the auditor of state's designee is not required
to attach a rule
summary and fiscal analysis to any copy of a proposed rule, or
proposed rule in revised form, that the auditor of state proposes
under section
117.12, 117.19, 117.38, or 117.43 of the Revised Code and files
under division (D) or (E) of this section. If, however, the
auditor of state or the designee prepares a rule summary and
fiscal analysis of the original version of such a proposed rule
for purposes of complying with section 121.24 of the Revised
Code, the auditor of state or designee shall attach a copy of the
rule summary and fiscal
analysis to each copy of the original version of the proposed
rule filed under division (D) or (E) of this section.
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 SIXTY-FIVE 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.
IF A RULE OR AMENDMENT IS EXEMPT FROM LEGISLATIVE REVIEW UNDER
DIVISION (H)(2) OF THIS SECTION, AND IF THE FEDERAL LAW OR RULE
PURSUANT TO WHICH THE RULE OR AMENDMENT WAS ADOPTED EXPIRES, IS REPEALED OR
RESCINDED, OR
OTHERWISE TERMINATES, THE RULE OR AMENDMENT, OR ITS RESCISSION, IS THEREAFTER
SUBJECT TO
LEGISLATIVE REVIEW UNDER
DIVISION (H) OF THIS SECTION.
(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
SIXTY-FIFTH 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
THIRTY-FIVE 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. 119.032. (A) As used in this section:
(1) "Agency" includes both an agency as defined in division
(A)(2) of section 111.15 and an agency as defined in division
(A) of section 119.01 of the Revised Code.
(2) "Review date" means the review date assigned to a rule by an agency
under division (B) or (E)(2) of this section or under
section 111.15, 119.04, or 4141.14 of the
Revised Code
or a review date assigned to a rule by the joint committee on agency rule
review under division (B) of this section.
(3)(a) "Rule" means only a rule whose adoption, amendment, or
rescission
is subject to review under division (D) of
section 111.15 or division (H) of section
119.03 of the Revised Code.
(b) "Rule" does not include a rule adopted,
amended, or rescinded by the department of taxation under section 5703.14 of
the Revised Code, a rule of a state college or university,
community college district, technical college district, or state community
college, or a rule that is consistent with and equivalent to the form
required by a federal law and that does not exceed the minimum scope and
intent of that federal law.
(B) Within one hundred eighty days
after the effective date of this section NOT LATER THAN MARCH
25, 1997, each agency shall assign a review
date to each of its rules that is currently in effect and shall notify the
joint committee on agency rule review of the
review date for each such rule. The agency shall assign review dates to its
rules so that approximately one-fifth of the rules are scheduled for review
during each calendar year of the five-year period that begins one hundred
eighty days after the effective date of this section MARCH
25, 1997, except that an
agency,
with the joint committee's approval, may set a review schedule for the
agency's rules in which there is no requirement that approximately
one-fifth of the agency's rules be assigned a review date during each calendar
year of the five-year period but in which all of the agency's rules are
assigned a review date during that five-year period. An agency may change the
review dates it has assigned to specific rules so long as the agency complies
with the five-year time deadline specified in this division.
Upon
UPON the request
of the agency that adopted the rule, the joint committee on agency rule review
may assign EXTEND a review
date to OF a rule TO A DATE that is not later than one
hundred twenty EIGHTY days after the
original review date assigned to the rule by the agency under this division,
division (E)(2) of this section, or section 111.15, 119.04, or
4141.14 of the Revised Code. The joint committee may FURTHER extend
for not longer than sixty days a review date it THAT has
assigned to a rule BEEN EXTENDED under
this division PARAGRAPH IF APPROPRIATE UNDER THE CIRCUMSTANCES.
(C) Prior to the review date of a rule,
the agency that adopted the rule shall review the rule to determine all of the
following:
(1) Whether the rule should be continued without amendment, be amended,
or be rescinded, taking into consideration the purpose, scope, and intent of
the statute under which the rule was adopted;
(2) Whether the rule needs amendment or rescission to give more
flexibility
at the local level;
(3) Whether the rule needs amendment or rescission to eliminate
unnecessary
paperwork;
(4) Whether the rule duplicates, overlaps with, or conflicts with other
rules.
(D) In making the review required under
division (C) of this section, the agency shall
consider the continued need for the rule, the nature of any complaints or
comments received concerning the rule, and any relevant factors that have
changed in the subject matter area affected by the rule.
(E)(1) At least ninety days ON OR before the
designated review date of a rule, the agency that adopted the rule shall
provide the joint committee on agency rule review with a notice
PROCEED under division
(E)(2) OR (5) of this section indicating TO
INDICATE that the agency has reviewed the
rule.
(2) If the agency has determined that the rule does not need to be
amended or rescinded, the notice AGENCY shall state
FILE ALL THE FOLLOWING WITH THE JOINT
COMMITTEE ON AGENCY RULE REVIEW, THE SECRETARY OF STATE, AND THE
DIRECTOR OF THE LEGISLATIVE SERVICE COMMISSION: A COPY OF THE
RULE, A STATEMENT OF
the agency's determination,
provide AND an accurate rule summary and fiscal analysis for the
rule as described
in section 127.18 of the Revised
Code, and. THE AGENCY SHALL assign a new review date to
the
rule, which shall not be later than five years after the rule's immediately
preceding review date. After the joint committee has
reviewed such a rule for the first time, including any rule that was in effect
on the effective date of this section SEPTEMBER 26,
1996, the agency in its subsequent reviews of
the rule may provide the same fiscal analysis it provided to the joint
committee during its immediately preceding review of the rule unless any of
the conditions described in division
(B)(4), (5), (6), (8), (9), or (10) of section
127.18 of the Revised
Code, as they relate to the rule, have
appreciably changed since the joint committee's immediately preceding review
of the rule. If any of these conditions, as they relate to the rule, have
appreciably changed, the agency shall provide the joint committee with an
updated fiscal analysis for the rule. If no review date is assigned to a
rule, or if a review date assigned to a rule exceeds the five-year maximum,
the review date
for the rule is five years after its immediately preceding review date. The
joint committee shall give public notice IN THE REGISTER OF
OHIO of the
agency's determination each week for four consecutive weeks after
receiving a
notice from the agency under division (E)(2)
of this section. THE JOINT COMMITTEE SHALL TRANSMIT A COPY OF THE NOTICE
TO
THE DIRECTOR OF THE LEGISLATIVE SERVICE COMMISSION. THE
DIRECTOR SHALL PUBLISH THE NOTICE IN THE REGISTER OF
OHIO FOR FOUR CONSECUTIVE WEEKS
AFTER ITS RECEIPT.
(3) During the ninety-day period following the date the joint committee
receives a notice under division (E)(2) of
this section but after the four-week period described in division
(E)(2) of this section has ended, the joint committee, by a
two-thirds vote of the members present, may recommend the
adoption of a concurrent resolution invalidating the rule if the joint
committee determines that either of the following applies:
(a) The agency improperly applied the criteria
described in divisions (C) and
(D) of this section in reviewing the rule and
in recommending its continuance without amendment or rescission.
(b) The agency failed to file proper notice
with the joint committee regarding the rule.
(4) If the joint committee does not take the action described in
division (E)(3) of this section regarding a
rule during the ninety-day period after the date the joint committee receives
a notice under division (E)(2) of this section
regarding that rule, the rule shall continue in effect without amendment and
shall be next reviewed by the joint committee by the date designated by the
agency in the notice provided to the joint committee under division
(E)(2) of this section.
(5) If the agency has determined that a rule reviewed under division
(C) of this section
needs to be amended or rescinded, the agency, at least ninety days
ON OR before the
rule's review date, shall file the rule as amended or rescinded in accordance
with section 111.15, 119.03, or 4141.14 of the Revised Code,
as applicable.
(6) Within one hundred eighty days after the effective date of this
section, each EACH agency shall provide the joint committee with a
list COPY of the
rules that it has determined are rules described in division
(A)(3)(b) of this section. At a time the joint committee
designates, each agency shall appear before the
joint committee and explain why it has determined that such rules are rules
described in division (A)(3)(b) of this section. The
joint committee, by a two-thirds vote of the members present, may
determine that any of such rules are rules described in division
(A)(3)(a) of this section. After the joint committee has
made such a determination relating to a rule,
the agency shall thereafter treat the rule as a rule described in
division (A)(3)(a) of this section.
(F) If an agency fails to provide
the notice to the joint committee required under division
(E)(2) of this section regarding a
rule or otherwise fails by the rule's review date to take any action regarding
the rule required by this section, the joint committee, by a majority vote of
the members present, may recommend the adoption of a concurrent resolution
invalidating the rule. The joint committee shall not recommend the adoption
of such a resolution until it has afforded the agency the opportunity to
appear before the joint committee to show cause why
the joint committee should not recommend the adoption of such a resolution
regarding that rule.
(G) If the joint committee recommends
adoption of a concurrent resolution invalidating a rule under division
(E)(3) or (F)
of this section, the adoption of the concurrent resolution shall be in the
manner described in division (I) of section
119.03 of the Revised Code.
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.
Section 2. That existing sections 101.35, 103.05, 103.13, 103.25, 111.15,
119.03, and
119.032 of the Revised
Code are hereby repealed.
Section 3. That sections 103.05, 111.15, 117.20, 119.03, 119.031, 119.032,
119.0311, 119.04, 121.24, 121.39, 127.18, 4141.14, 5117.02, and 5703.14 of the
Revised Code be amended to read as follows:
Sec. 103.05. (A) The director of the legislative service
commission shall be the codifier of the rules of the
administrative agencies of the state. When a rule is filed under
section 111.15, 119.04, 4141.14, or 5703.14 of the Revised Code,
the director or the director's designee shall examine the
rule. If the rule
is not numbered or if the numbering of the rule is not in
conformity with the system established by the director, the
director shall give the rule its proper number by designating
the proper number on the left hand margin of the rule. The number
shall be the official administrative code number of the rule. Any number so
assigned shall be published in any publication of
the administrative code. Rules of the administrative
code shall be cited and referred to by such official numbers.
The legislative service commission shall, pursuant to
section 111.15 of the Revised Code, adopt, amend, and rescind any
rules that are necessary to provide a uniform administrative
code; to provide standards for use by the director in
determining
whether to include in the administrative code the full text of,
or a reference to, any rule filed with the commission; to
permit the director to discharge the director's duties and
exercise the director's powers as described in this section; and to permit the
director to discharge the director's duties
and exercise the director's powers with respect to establishing
and maintaining, and enhancing and improving, the electronic
rule-filing system under section 103.0511 of the Revised Code.
When the commission adopts rules to provide standards for
use by the director in determining whether to include the full
text of, or a reference to, a rule in the administrative code, it
shall consider all of the following:
(1) Whether the rule applies uniformly to all citizens of
the state;
(2) Whether the rule applies uniformly to all political
subdivisions of the state;
(3) Whether the rule affects the health, welfare, and
safety of the citizens of the state;
(4) Whether the rule applies only to the internal affairs
of the agency adopting the rule;
(5) The number of persons affected by the rule;
(6) Whether the rule affects the statutory or
constitutional rights of any person.
The director or the director's designee shall accept any
rule that is
filed under section 111.15, 119.04, 4141.14, or 5703.14 of the
Revised Code. If the director or the director's designee
accepts a rule that is not in compliance with the rules of the commission, the
director shall give written notice of the noncompliance IN BOTH
PRINT AND ELECTRONIC FORM to the agency that
filed the rule within thirty days after the date on which the
rule is filed. The notice shall indicate why the rule does not
comply with the rules of the commission and how the rule can be
brought into compliance. The failure of the director to give an
agency notice within the thirty-day period shall presumptively
establish that the rule complies with the rules of the
commission.
(B) The director shall approve as acceptable any publication of the code
conforming to the requirements of this division.
An Ohio administrative code approved as acceptable by
the director shall:
(1) Contain a compilation of the full text of, or a
reference to, each rule filed under sections 111.15, 119.04,
4141.14, and 5703.14 of the Revised Code;
(2) Presumptively establish the rules of all agencies
adopting rules under section 111.15, 4141.14, 5703.14, or Chapter
119. of the Revised Code that are in effect on the day of its
initial publication;
(3) Contain the full text of, or a reference to, each rule
adopted after its initial publication and be updated at least quarterly;
(4) Contain an index of the rules and references to rules
that are included in the code and each supplement using terms
easily understood by the general public;
(5) Be published in electronic
or print format following, to
the
extent possible, the subject matter arrangement of the Revised
Code;
(6) Be numbered according to the numbering system devised
by the director.
(C) If the director does not approve as acceptable any
publication of the administrative code, the director, subject to division (D)
of this section, may
prepare and publish the code, or contract with any person under this
division to
prepare and publish the code. Any code published under this
division shall
include all of the requirements of division (B) of this section.
In addition, the director shall furnish any code or supplement published
under this division to any
person who requests the code or supplement upon payment of a charge
established by the director, not to
exceed the cost of preparation and publication.
Upon the request of the director of the legislative service
commission under this division, the director of administrative services, in
accordance with the competitive selection procedure of Chapter
125. of the Revised Code, shall let a contract for the
compilation, preparation, and printing or publication of the administrative
code and supplements.
(D) The director shall not prepare and publish the
administrative code in a print mode or any other mode under division
(B) or (C) of this section unless no other person is willing
and qualified to publish a version of the code in that mode that the director
has approved as acceptable.
Sec. 111.15. (A) As used in this section:
(1) "Rule" includes any rule, regulation, bylaw, or
standard having a general and uniform operation adopted by an
agency under the authority of the laws governing the agency; any
appendix to a rule; and any internal management rule. "Rule"
does not include any guideline adopted pursuant to section
3301.0714 of the Revised Code, any order respecting the duties of
employees, any finding, any determination of a question of law or
fact in a matter presented to an agency, or any rule promulgated
pursuant to Chapter 119., section 4141.14, division (C)(1) or (2)
of section 5117.02, or section 5703.14 of the Revised Code.
"Rule" includes any amendment or rescission of a rule.
(2) "Agency" means any governmental entity of the state
and includes, but is not limited to, any board, department,
division, commission, bureau, society, council, institution,
state college or university, community college district,
technical college district, or state community college. "Agency"
does not include the general assembly, the controlling board,
the adjutant general's department, or
any court.
(3) "Internal management rule" means any rule, regulation,
bylaw, or standard governing the day-to-day staff procedures and
operations within an agency.
(4) "Substantive revision" has the same meaning as in
division (J) of section 119.01 of the Revised Code.
(B)(1) Any rule, other than a rule of an emergency nature,
adopted by any agency pursuant to this section shall be effective
on the tenth day after the day on which the rule in final form
and in compliance with division (B)(3) of this section is filed
as follows:
(a) Two certified copies of the THE rule shall be filed IN
BOTH PRINT AND ELECTRONIC FORM with both the secretary of state and the
director of the legislative
service commission;
(b) Two certified copies of the THE rule shall be filed IN
BOTH PRINT AND ELECTRONIC FORM with the joint committee on agency rule
review. Division (B)(1)(b) of
this section does not apply to any rule to which division (D) of
this section does not apply.
An agency that adopts or amends a rule that is subject to division
(D) of this section shall assign a review
date to the rule that is not later than five years after its effective date.
If no review date is assigned to a rule, or if a review date assigned to a
rule exceeds the five-year maximum, the review date for the rule is
five years after its effective date. A rule with a review date is
subject to review under section 119.032 of the
Revised Code. This paragraph does not apply to a rule of a
state college or university, community college district, technical college
district, or state community college.
If all copies are not filed FILINGS ARE NOT COMPLETED on the
same day, the rule shall
be effective on the tenth day after the day on which the latest
filing is made COMPLETED. If an agency in adopting a rule
designates an
effective date that is later than the effective date provided for
by division (B)(1) of this section, the rule if filed as required
by such division shall become effective on the later date
designated by the agency.
Any rule that is required to be filed under division (B)(1)
of this section is also subject to division (D) of this section
if not exempted by division (D)(1), (2), (3), (4), (5), (6),
(7), or (8) of this section.
(2) A rule of an emergency nature necessary for the
immediate preservation of the public peace, health, or safety
shall state the reasons for the necessity. Copies of the THE
emergency rule, in final form and in compliance with division
(B)(3) of this section, shall be filed as follows: two certified
copies of the emergency rule shall be filed IN BOTH PRINT AND
ELECTRONIC FORM with both the secretary of state and,
the director of the legislative service
commission, and one certified copy of the emergency rule shall be
filed with the joint committee on agency rule review. The
emergency rule is effective immediately upon COMPLETION OF the latest
filing,
except that if the agency in adopting the emergency rule
designates an effective date, or date and time of day, that is
later than the effective date and time provided for by division
(B)(2) of this section, the emergency rule if filed as required
by such division shall become effective at the later date, or
later date and time of day, designated by the agency.
An emergency rule becomes invalid at the end of the
ninetieth day it is in effect. Prior to that date, the agency
may file the emergency rule as a nonemergency rule in compliance
with division (B)(1) of this section. The agency may not refile
the emergency rule in compliance with division (B)(2) of this
section so that, upon the emergency rule becoming invalid under
such division, the emergency rule will continue in effect without
interruption for another ninety-day period.
(3) An agency shall file a rule under division (B)(1) or
(2) of this section in compliance with the following standards
and procedures:
(a) The rule shall be numbered in accordance with the
numbering system devised by the director for the Ohio
administrative code.
(b) The rule shall be prepared and submitted in compliance
with the rules of the legislative service commission.
(c) The rule shall clearly state the date on which it is
to be effective and the date on which it will expire, if known.
(d) Each rule that amends or rescinds another rule shall
clearly refer to the rule that is amended or rescinded. Each
amendment shall fully restate the rule as amended.
If the director of the legislative service commission or
the director's designee gives an agency written notice pursuant to
section
103.05 of the Revised Code that a rule filed by the agency is not
in compliance with the rules of the legislative service
commission, the agency shall within thirty days after receipt of
the notice conform the rule to the rules of the commission as
directed in the notice.
(C) All rules filed pursuant to divisions (B)(1)(a) and
(2) of this section shall be recorded by the secretary of state
and the director under the title of the agency adopting the rule
and shall be numbered according to the numbering system devised
by the director. The secretary of state and the director shall
preserve the rules in an accessible manner. Each such rule shall
be a public record open to public inspection and may be lent
TRANSMITTED to any law publishing company that wishes to reproduce it.
(D) At least sixty-five days before a board, commission,
department, division, or bureau of the government of the state
files a rule under division (B)(1) of this section, it shall file
two copies of the full text of the proposed rule IN BOTH PRINT AND
ELECTRONIC FORM with the joint committee on agency rule review, and the
proposed rule is
subject to legislative review and invalidation under division (I)
of section 119.03 of the Revised Code. If a state board,
commission, department, division, or bureau makes a substantive
revision in a proposed rule after it is filed with the joint
committee, the state board, commission, department,
division, or
bureau shall promptly file two copies of the full text of
the
proposed rule in its revised form IN BOTH PRINT AND ELECTRONIC FORM
with the joint committee. The
latest version of a proposed rule as filed with the joint
committee supersedes each earlier version of the text
of the same
proposed rule. Except as provided in division (F) of this
section, a state board, commission, department, division, or
bureau shall attach one copy of ALSO FILE the rule summary and
fiscal
analysis prepared under section 121.24 or 127.18 of the Revised
Code, or both, to each copy of IN BOTH PRINT AND ELECTRONIC FORM
ALONG WITH a proposed rule, and
to each copy of ALONG WITH a proposed rule in revised form, that
is filed under this division.
As used in this division, "commission" includes the public utilities
commission when adopting rules under a federal or state statute.
This division does not apply to any of the following:
(1) A proposed rule of an emergency nature;
(2) A rule proposed under section 1121.05, 1121.06, 1155.18, 1733.412,
4123.29, 4123.34, 4123.341, 4123.342, 4123.40, 4123.411, 4123.44,
or
4123.442 of the Revised Code;
(3) A rule proposed by an agency other than a board,
commission, department, division, or bureau of the government of
the state;
(4) A proposed internal management rule of a board,
commission, department, division, or bureau of the government of
the state;
(5) Any proposed rule 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.
(6) An initial rule proposed by the director of health to
impose safety standards, quality-of-care standards, and quality-of-care data
reporting requirements with respect to a health service specified in section
3702.11 of the Revised Code, or an initial rule proposed by the director to
impose
quality standards on a facility listed in division (A)(4) of section
3702.30 of the Revised Code, if section 3702.12 of the Revised Code requires
that the rule be adopted under this section;
(7) A rule of the state lottery commission pertaining to
instant game rules.
If a rule is exempt from legislative review under division (D)(5)
of this section, and if the federal law or rule pursuant to which
the rule was adopted expires, is repealed or rescinded, or
otherwise terminates, the rule is thereafter subject to
legislative review under division (D) of this section.
(E) Whenever a state board, commission, department,
division, or bureau files a proposed rule or a proposed rule in
revised form under division (D) of this section, it shall also
file one copy of the full text of the same proposed rule or
proposed rule in revised form IN BOTH PRINT AND ELECTRONIC FORM with
the secretary of state and two copies thereof with the director of the
legislative service
commission. Except as provided in division (F) of this section,
a state board, commission, department, division, or bureau shall
attach a copy of FILE the rule summary and fiscal analysis
prepared
under section 121.24 or 127.18 of the Revised Code, or both, to
each copy of IN BOTH PRINT AND ELECTRONIC FORM ALONG WITH a
proposed
rule or proposed rule in revised form
that is filed with the secretary of state or the director of the
legislative service commission.
(F) Except as otherwise provided in this division, the
auditor of state or the auditor of state's designee is not required
to attach FILE a rule
summary and fiscal analysis to any copy of ALONG WITH a proposed
rule, or
proposed rule in revised form, that the auditor of state proposes
under section
117.12, 117.19, 117.38, or 117.43 of the Revised Code and files
under division (D) or (E) of this section. If, however, the
auditor of state or the designee prepares a rule summary and
fiscal analysis of the original version of such a proposed rule
for purposes of complying with section 121.24 of the Revised
Code, the auditor of state or designee shall attach a copy of
FILE the rule summary and fiscal
analysis to each copy of IN BOTH PRINT AND ELECTRONIC FORM ALONG
WITH the original version of the proposed rule filed under division (D) or
(E) of this section.
Sec. 117.20. (A) In adopting rules pursuant to
Chapter 117. of
the Revised Code, the auditor of state or the auditor of
state's designee shall do both of the following:
(1) Before adopting any such rule, except a rule of an
emergency nature, do each of the following:
(a) At least thirty-five days before any public hearing on
the proposed rule-making action, mail notice of the hearing to
each public office and to each statewide organization that the
auditor of state or designee
determines will be affected or represents persons who will be
affected by the proposed rule-making action;
(b) Mail a copy of the proposed rule to any person or
organization that requests a copy within five days after receipt
of the request;
(c) Consult with appropriate state and local government
agencies, or with persons representative of their interests,
including statewide organizations of local government officials,
and consult with accounting professionals and other interested
persons;
(d) Conduct, on the date and at the time and place
designated in the notice, a public hearing at which any person
affected by the proposed rule, including statewide organizations
of local government officials, may appear and be heard in person,
by attorney, or both, and may present the person's or
organization's position or
contentions orally or in writing.
(2) Except as otherwise provided in division (A)(2) of
this section, comply with divisions (B) to (E) of section 111.15
of the Revised Code. The auditor of state is not required to
attach FILE a rule summary and fiscal analysis to
ALONG WITH any copy of a proposed rule, or proposed rule in revised
form, that is filed
with the joint committee on agency rule review, the secretary of
state, or the director of the legislative service commission
under division (D) or (E) of section 111.15 of the Revised Code;
however, if the auditor of state or the auditor of state's
designee prepares a rule
summary and fiscal analysis of the original version of a proposed
rule for purposes of complying with section 121.24 of the Revised
Code, the auditor of state or designee shall attach FILE
a copy of
the rule summary and fiscal
analysis to each copy of IN BOTH PRINT AND ELECTRONIC FORM ALONG
WITH the original version of the proposed
rule filed under division (D) or (E) of section 111.15 of the Revised Code.
(B) The auditor of state shall diligently discharge the
duties imposed by divisions (A)(1)(a), (b), and (c) of this
section, but failure to mail any notice or copy of a proposed
rule, or to consult with any person or organization, shall not
invalidate any rule.
(C) Notwithstanding any contrary provision of the Revised
Code, the auditor of state may prepare and disseminate, to public
offices and other interested persons and organizations, advisory
bulletins, directives, and instructions relating to accounting
and financial reporting systems, budgeting procedures, fiscal
controls, and the constructions by the auditor of state of
constitutional and statutory provisions, court decisions, and
opinions of the attorney general. The bulletins, directives, and
instructions shall be of an advisory nature only.
(D) As used in this section, "rule" includes the adoption,
amendment, or rescission of a rule.
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 form the agency
determines. 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 the thirty-first
nor later than
the fortieth day after the proposed rule,
amendment, or rescission is
filed under division (B) of this section.
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.
The agency 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.
(B) One copy of the 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 IN BOTH PRINT AND ELECTRONIC FORM 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 AND
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
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-five 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 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 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 IN BOTH PRINT AND ELECTRONIC FORM with the secretary of
state and two copies thereof with the director of the legislative
service commission.
The
agency shall attach a copy of FILE the rule summary and fiscal
analysis prepared under section 121.24 or 127.18 of the Revised
Code, or both, to each copy of IN BOTH PRINT AND ELECTRONIC FORM
ALONG WITH 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 the person's attorney, or
both, may
present 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 shall be recorded. 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.
(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, the governor shall issue
a written AN order, a copy THE TEXT of which shall
be filed IN BOTH PRINT AND ELECTRONIC FORM with the AGENCY, 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 IN BOTH PRINT AND ELECTRONIC
FORM 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 FILINGS ARE NOT COMPLETED
on the same day, the
emergency rule, amendment, or rescission shall be effective on
the day on which the latest filing is made COMPLETED. 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 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
IN BOTH PRINT AND ELECTRONIC FORM 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 ONE 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 IN BOTH PRINT AND ELECTRONIC
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 FILE the rule
summary and fiscal analysis prepared under section 121.24 or
127.18 of the Revised Code, or both, to each copy of IN BOTH PRINT
AND ELECTRONIC FORM ALONG WITH a proposed rule, amendment, or rescission,
and to each copy of ALONG WITH 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.
If a rule or amendment is exempt from legislative review under
division (H)(2) of this section, and if the federal law or rule
pursuant to which the rule or amendment was adopted expires, is
repealed or rescinded, or otherwise terminates, the rule or
amendment, or its rescission, is thereafter subject to legislative
review under division (H) of this section.
(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 not later than the sixty-fifth 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-five 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 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 IN BOTH PRINT AND ELECTRONIC
FORM A certified copy TEXT 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 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 AN 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 THE governor's written
orders shall be
filed in accordance with division (F) of this section. The joint
committee shall send IN BOTH PRINT AND ELECTRONIC FORM TO the
rule-making agency, the secretary of
state, and the director of the legislative service commission a
certified copy TEXT of the FINDING AND order to
revise the rule summary and fiscal
analysis, which shall take immediate effect.
A written AN 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 IN BOTH PRINT AND ELECTRONIC FORM 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 IN BOTH PRINT AND ELECTRONIC FORM TO the
rule-making agency, the secretary
of state, and the director of the legislative service commission
a certified copy TEXT of this new order. The secretary of state
and
the director of the legislative service commission shall each
attach AND LINK 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. 119.031. (A) The chairman CHAIRPERSON of the joint
committee on
agency rule review shall compare each rule, amendment, or
rescission as filed in final form with the latest version of the
same rule, amendment, or rescission as filed in proposed form.
(B) If, upon making the comparison required by division
(A) of this section, the chairman CHAIRPERSON of the joint
committee on
agency rule review finds that the rule-making agency has made a
substantive revision in the rule, amendment, or rescission
between the time it filed the latest version of the rule,
amendment, or rescission in proposed form and the time it filed
the rule, amendment, or rescission in final form, he THE
CHAIRPERSON shall
promptly notify the rule-making agency, the secretary of state,
and the director of the legislative service commission in writing
BOTH PRINT AND ELECTRONIC FORM of his THAT finding.
(C) The joint committee on agency rule review shall review
any rule, amendment, or rescission as filed in final form if,
under division (B) of this section, it is found to contain a
substantive revision. The joint committee may do either or both
of the following:
(1) If the joint committee makes any of the findings
stated in division (I)(1)(a), (b), or (c) of section 119.03 of
the Revised Code, it may suspend the rule, amendment, rescission,
or any part thereof. The suspension shall remain in effect until
the time for legislative review and invalidation has expired
under division (D) of this section, or until the general assembly
adopts a concurrent resolution invalidating the rule, amendment,
rescission, or any part thereof, whichever occurs first. The
chairman CHAIRPERSON of the joint committee shall promptly
notify the
rule-making agency, the secretary of state, and the director of
the legislative service commission in writing BOTH PRINT AND
ELECTRONIC FORM of the suspension.
(2) The joint committee may recommend the adoption of a
concurrent resolution invalidating the rule, amendment,
rescission, or any part thereof if it makes any of the findings
stated in division (I)(1)(a), (b), or (c) of section 119.03 of
the Revised Code.
(D) A rule, amendment, or rescission that, under division
(B) of this section, is found to contain a substantive revision
shall nevertheless become effective pursuant to division (B)(1)
of section 111.15, division (A)(1) of section 119.04, division
(B)(1) of section 4141.14, or division (A) of section 5703.14 of
the Revised Code and remain in effect as filed in final form
unless:
(1) Under division (C)(1) of this section, the joint
committee suspends the rule, amendment, rescission, or any part
thereof; or
(2) Prior to the sixtieth day after the rule, amendment,
or rescission was filed in final form, the house of
representatives and senate adopt a concurrent resolution
invalidating the rule, amendment, rescission, or any part
thereof. If, after the joint committee on agency rule review
recommends the adoption of a concurrent resolution invalidating
the 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.
Upon the adoption of such a concurrent resolution, the
clerk of the senate shall, within five days thereafter, send the
rule-making agency, the secretary of state, and the director of
the legislative service commission, IN BOTH PRINT AND ELECTRONIC
FORM, 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 shall each note the invalidity of the rule,
amendment, rescission, or part thereof on his copy,
and shall
remove the invalid rule, amendment, rescission, or part thereof
from the file of current rules. The director shall also indicate
in the Ohio administrative code that the rule, amendment,
rescission, or part thereof is invalid and the date of
invalidation. The rule-making agency shall make appropriate
adjustments to reflect the invalidity of the rule, amendment,
rescission, or part thereof.
(E) Invalidation of a rule, amendment, rescission, or part
thereof under this section shall prevent the rule-making agency
from instituting proceedings to readopt any version of the same
rule, amendment, rescission, or part thereof for the duration of
the general assembly that invalidated the rule, amendment,
rescission, or part thereof unless the same general assembly
adopts a concurrent resolution permitting the rule-making agency
to institute such proceedings.
(F) The failure of the general assembly to invalidate a
rule, amendment, rescission, or part thereof under this section
shall not be construed as a ratification of the lawfulness or
reasonableness of the rule, amendment, rescission, or any part
thereof or of the validity of the procedure by which the rule,
amendment, rescission, or any part thereof was adopted.
(G) As used in this section, a rule, amendment, or
rescission is filed:
(1) "In proposed form" when it is filed in such form with
the joint committee under division (D) of section 111.15 or
division (H) of section 119.03 of the Revised Code;
(2) "In final form" when it is filed in such form with the
joint committee under division (B)(1)(b) of section 111.15,
division (A)(1)(b) of section 119.04, division (B)(1)(b) of
section 4141.14, or division (A)(2) of section 5703.14 of the
Revised Code.
Sec. 119.032. (A) As used in this section:
(1) "Agency" includes both an agency as defined in division
(A)(2) of section 111.15 and an agency as defined in division
(A) of section 119.01 of the Revised Code.
(2) "Review date" means the review date assigned to a rule by an agency
under division (B) or (E)(2) of this section or under
section 111.15, 119.04, or 4141.14 of the
Revised Code
or a review date assigned to a rule by the joint committee on agency rule
review under division (B) of this section.
(3)(a) "Rule" means only a rule whose adoption, amendment, or
rescission
is subject to review under division (D) of
section 111.15 or division (H) of section
119.03 of the Revised Code.
(b) "Rule" does not include a rule adopted,
amended, or rescinded by the department of taxation under section 5703.14 of
the Revised Code, a rule of a state college or university,
community college district, technical college district, or state community
college, or a rule that is consistent with and equivalent to the form
required by a federal law and that does not exceed the minimum scope and
intent of that federal law.
(B) Not later than March 25, 1997,
each agency shall assign a review
date to each of its rules that is currently in effect and shall notify the
joint committee on agency rule review of the
review date for each such rule. The agency shall assign review dates to its
rules so that approximately one-fifth of the rules are scheduled for review
during each calendar year of the five-year period that begins
March 25, 1997, except that an agency,
with the joint committee's approval, may set a review schedule for the
agency's rules in which there is no requirement that approximately
one-fifth of the agency's rules be assigned a review date during each calendar
year of the five-year period but in which all of the agency's rules are
assigned a review date during that five-year period. An agency may change the
review dates it has assigned to specific rules so long as the agency complies
with the five-year time deadline specified in this division.
Upon the request
of the agency that adopted the rule, the joint committee on agency rule review
may extend a review
date of a rule to a date that is not later than one hundred eighty days after
the
original review date assigned to the rule by the agency under this division,
division (E)(2) of this section, or section 111.15, 119.04, or
4141.14 of the Revised Code. The joint committee may further extend
a review date that has been extended under
this paragraph if appropriate under the circumstances.
(C) Prior to the review date of a rule,
the agency that adopted the rule shall review the rule to determine all of the
following:
(1) Whether the rule should be continued without amendment, be amended,
or be rescinded, taking into consideration the purpose, scope, and intent of
the statute under which the rule was adopted;
(2) Whether the rule needs amendment or rescission to give more
flexibility
at the local level;
(3) Whether the rule needs amendment or rescission to eliminate
unnecessary
paperwork;
(4) Whether the rule duplicates, overlaps with, or conflicts with other
rules.
(D) In making the review required under
division (C) of this section, the agency shall
consider the continued need for the rule, the nature of any complaints or
comments received concerning the rule, and any relevant factors that have
changed in the subject matter area affected by the rule.
(E)(1) On or before the
designated review date of a rule, the agency that adopted the rule shall
proceed under division
(E)(2) or (5) of this section to indicate
that the agency has reviewed the
rule.
(2) If the agency has determined that the rule does not need to be
amended or rescinded, the agency shall
file all the following, IN BOTH PRINT AND ELECTRONIC
FORM, with the joint committee on agency rule review, the
secretary of state, and the director of the legislative service commission: a
copy of the
rule, a statement of
the agency's determination,
and an accurate rule summary and fiscal analysis for the rule as described
in section 127.18 of the Revised
Code. The agency shall assign a new review date to the
rule, which shall not be later than five years after the rule's immediately
preceding review date. After the joint committee has
reviewed such a rule for the first time, including any rule that was in effect
on September 26, 1996, the agency in its subsequent reviews of
the rule may provide the same fiscal analysis it provided to the joint
committee during its immediately preceding review of the rule unless any of
the conditions described in division
(B)(4), (5), (6), (8), (9), or (10) of section
127.18 of the Revised
Code, as they relate to the rule, have
appreciably changed since the joint committee's immediately preceding review
of the rule. If any of these conditions, as they relate to the rule, have
appreciably changed, the agency shall provide the joint committee with an
updated fiscal analysis for the rule. If no review date is assigned to a
rule, or if a review date assigned to a rule exceeds the five-year maximum,
the review date
for the rule is five years after its immediately preceding review date. The
joint committee shall give public notice in the register of Ohio of the
agency's determination after receiving a
notice from the agency under division (E)(2)
of this section.
The joint committee shall transmit a copy of the notice IN
BOTH PRINT AND ELECTRONIC FORM to the director of the
legislative service commission. The director shall publish the
notice in the register of Ohio for four consecutive weeks after
its receipt.
(3) During the ninety-day period following the date the joint committee
receives a notice under division (E)(2) of
this section but after the four-week period described in division
(E)(2) of this section has ended, the joint committee, by a
two-thirds vote of the members present, may recommend the
adoption of a concurrent resolution invalidating the rule if the joint
committee determines that either of the following applies:
(a) The agency improperly applied the criteria
described in divisions (C) and
(D) of this section in reviewing the rule and
in recommending its continuance without amendment or rescission.
(b) The agency failed to file proper notice
with the joint committee regarding the rule.
(4) If the joint committee does not take the action described in
division (E)(3) of this section regarding a
rule during the ninety-day period after the date the joint committee receives
a notice under division (E)(2) of this section
regarding that rule, the rule shall continue in effect without amendment and
shall be next reviewed by the joint committee by the date designated by the
agency in the notice provided to the joint committee under division
(E)(2) of this section.
(5) If the agency has determined that a rule reviewed under division
(C) of this section
needs to be amended or rescinded, the agency, on or before the
rule's review date, shall file the rule as amended or rescinded in accordance
with section 111.15, 119.03, or 4141.14 of the Revised Code,
as applicable.
(6) Each
agency shall provide the joint committee with a copy of the
rules that it has determined are rules described in division
(A)(3)(b) of this section. At a time the joint committee
designates, each agency shall appear before the
joint committee and explain why it has determined that such rules are rules
described in division (A)(3)(b) of this section. The
joint committee, by a two-thirds vote of the members present, may
determine that any of such rules are rules described in division
(A)(3)(a) of this section. After the joint committee has
made such a determination relating to a rule,
the agency shall thereafter treat the rule as a rule described in
division (A)(3)(a) of this section.
(F) If an agency fails to provide
the notice to the joint committee required under division
(E)(2) of this section regarding a
rule or otherwise fails by the rule's review date to take any action regarding
the rule required by this section, the joint committee, by a majority vote of
the members present, may recommend the adoption of a concurrent resolution
invalidating the rule. The joint committee shall not recommend the adoption
of such a resolution until it has afforded the agency the opportunity to
appear before the joint committee to show cause why
the joint committee should not recommend the adoption of such a resolution
regarding that rule.
(G) If the joint committee recommends
adoption of a concurrent resolution invalidating a rule under division
(E)(3) or (F)
of this section, the adoption of the concurrent resolution shall be in the
manner described in division (I) of section
119.03 of the Revised Code.
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
AND 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.
Sec. 119.04. (A)(1) Any rule adopted by any agency shall
be effective on the tenth day after the day on which the rule in
final form and in compliance with division (A)(2) of this section
is filed as follows:
(a) Two certified copies of the THE rule shall be filed IN
BOTH PRINT AND ELECTRONIC FORM with
both the secretary of state and the director of the legislative
service commission;
(b) Two certified copies of the THE rule shall be filed IN
BOTH PRINT AND ELECTRONIC FORM with
the joint committee on agency rule review. Division (A)(1)(b) of
this section does not apply to any rule to which division (H) of
section 119.03 of the Revised Code does not apply.
If all copies are not filed FILINGS ARE NOT COMPLETED on the
same day, the rule shall
be effective on the tenth day after the day on which the latest
filing is made COMPLETED. If an agency in adopting a rule
designates an
effective date that is later than the effective date provided for
by this division, the rule if filed as required by this division
shall become effective on the later date designated by the
agency.
An agency that adopts or amends a rule that is subject to division
(H) of section 119.03 of the Revised Code
shall assign a review date to the rule that is not later than five years
after its effective date. If no review date is assigned to a rule, or if a
review date assigned to a rule exceeds the five-year maximum, the
review date for the rule is five years after its effective date. A rule with
a review date is subject to review under section 119.032 of the
Revised Code. This paragraph does not apply to the
department of taxation.
(2) The agency shall file the rule in compliance with the
following standards and procedures:
(a) The rule shall be numbered in accordance with the
numbering system devised by the director for the Ohio
administrative code.
(b) The rule shall be prepared and submitted in compliance
with the rules of the legislative service commission.
(c) The rule shall clearly state the date on which it is
to be effective and the date on which it will expire, if known.
(d) Each rule that amends or rescinds another rule shall
clearly refer to the rule that is amended or rescinded. Each
amendment shall fully restate the rule as amended.
If the director of the legislative service commission or
the director's designee gives an agency written notice pursuant to
section
103.05 of the Revised Code that a rule filed by the agency is not
in compliance with the rules of the commission, the agency shall
within thirty days after receipt of the notice conform the rule
to the rules of the commission as directed in the notice.
(3) As used in this section, "rule" includes an amendment
or rescission of a rule.
(B) The secretary of state and the director shall preserve
the rules filed under division (A)(1)(a) of this section in an
accessible manner. Each such rule shall be a public record open
to public inspection and may be lent TRANSMITTED to any law
publishing
company that wishes to reproduce it.
Any rule that has been adopted in compliance with section
119.03 of the Revised Code and that is in effect before January
1, 1977, may be divided into sections, numbered, provided with a
subject heading, and filed with the secretary of state and the
director to comply with the provisions of this section without
carrying out the adoption procedure required by section 119.03 of
the Revised Code. The codification of existing rules to comply
with this section shall not constitute adoption, amendment, or
rescission.
Sec. 121.24. (A) As used in this section:
(1) "Agency" means any agency as defined in division
(A)(2) of section 111.15 or division (A) of section 119.01 of the
Revised Code.
(2) "Employee" means a person who is employed by a small
business or small organization for at least one thousand eight
hundred hours per year.
(3) A rule is "filed in final form" when it is filed with
the secretary of state, the director of the legislative service
commission, and the joint committee on agency rule review under
division (B)(1) of section 111.15, division (A)(1) of section
119.04, division (B)(1) of section 4141.14, or division (A) of
section 5703.14 of the Revised Code.
(4) "History trail" means the supplementary information
required to be provided on each copy of a proposed rule, which
information is not part of the text of the rule, and sets forth
the statute prescribing the procedure in accordance with which
the proposed rule is required to be adopted, the statute that
authorizes the agency to adopt the proposed rule, the statute
that the agency intends to amplify or implement by adopting the
proposed rule, the effective dates of any previous versions of
the rule that is the subject of the proposal, and other similar
information as prescribed in rules of the legislative service
commission.
(5) "Individual" means any individual who is affected by a
rule in the individual's capacity as an officer or
employee of a small
business or small organization.
(6) "Rule summary and fiscal analysis" means a rule
summary and fiscal analysis of a proposed rule that provides the
information required by division (B) of section 127.18 of the
Revised Code, and that has been prepared in the form prescribed
by the joint committee on agency rule review under division (E)
of that section.
(7) "Rate" means any rate, classification, fare, toll,
rental, or charge of a public utility.
(8) "Rule" means any rule, regulation, or standard having
a general and uniform operation, including any appendix thereto,
that is adopted, promulgated, and enforced by an agency under the
authority of the laws governing the agency. "Rule" includes the
adoption of a new rule or the amendment or rescission of an
existing rule. "Rule" does not include any of the following:
(a) A rule proposed under section 1121.05, 1121.06, 1155.18, or 1163.22 of
the Revised Code;
(b) A rule governing the internal management of an agency
that does not affect private rights;
(c) A rule authorized by law to be issued as a temporary
written order;
(d) Except as otherwise provided in division (A)(8)(d) of
this section, a rule or order, whether of a quasi-legislative or
quasi-judicial nature, proposed by the public utilities
commission. Any rule or order, whether of a quasi-legislative or
quasi-judicial nature, proposed by the public utilities
commission that determines a rate of a public utility to be just
and reasonable is a "rule" for purposes of this section, unless
the rule or order contains findings that the public utility, in
applying for approval of the rate under section 4909.18 of the
Revised Code, stated facts and grounds sufficient for the
commission to determine that the proposed rate was just and
reasonable.
(e) A proposed rule, the adoption of which is mandated by
a federal law or rule, and which must be adopted substantially as
prescribed by federal law or rule, to become effective within one
hundred twenty days of adoption, so long as the history trail of
the proposed rule contains a statement that it is proposed for
the purpose of complying with a federal law or rule and a
citation to the federal law or rule that mandates substantial
compliance;
(9) "Small business" means an independently owned and
operated business having fewer than four hundred employees.
(10) "Small organization" means an unincorporated
association, sheltered workshop, or nonprofit enterprise having
fewer than four hundred employees. This definition is not
limited to the types of small organizations expressly mentioned,
and includes all other types of small organizations, so long as
such organizations have fewer than four hundred employees.
(B) If an agency intends to adopt a rule, and reasonably
believes that the proposed rule, if adopted, will be likely to
affect individuals, small businesses, or small organizations, the
agency shall comply with the following procedure in adopting the
rule, in addition to any other procedure required by section
111.15, 117.16, 119.03, 119.032, 119.04, 127.18, 4141.14, or 5117.02
of
the Revised Code or any other statute of this state:
(1) The agency shall prepare a complete and accurate rule
summary and fiscal analysis of the original version of the
proposed rule.
(2) After complying with division (B)(1) of this section,
and at least sixty days before the agency files the proposed rule
in final form, the agency shall file with the office of small
business, one copy of IN BOTH PRINT AND ELECTRONIC FORM,
the full text of the original version of
the proposed rule and one copy of the rule summary and fiscal
analysis of such proposed rule.
(3) During a period commencing on the date the original
version of the proposed rule is filed pursuant to division (B)(2)
of this section and ending forty days thereafter:
(a) The chairperson of the standing committee of the
senate
or house of representatives having jurisdiction over individuals,
small businesses, or small organizations, or any other person
having an interest in the proposed rule, may submit written comments
IN BOTH PRINT AND ELECTRONIC FORM to the agency, to the joint committee
on agency rule
review, or to both, concerning the expected effect of the
proposed rule, if adopted, upon individuals, small businesses,
and small organizations. The agency and joint committee shall
accept all such timely submitted written comments.
(b) The chairperson of the standing committee of the
senate
or house of representatives having jurisdiction over
individuals, small businesses, or small organizations, IN BOTH PRINT
AND ELECTRONIC FORM, may request
the agency to appear before the committee and testify, answer
questions asked by members of the committee, and produce
information in the possession of the agency as requested by the
committee, concerning the expected effect of the proposed rule,
if adopted, upon individuals, small businesses, or small
organizations. Upon receipt of a request from the
chairperson of
the appropriate standing committee of the senate or house of
representatives under division (B)(3)(b) of this section, the
agency shall designate an officer or employee of the agency to
appear before the committee, and shall otherwise comply with the
request, in the manner directed by the request.
(4) The agency shall not proceed to file the proposed rule
in final form until it has considered any written comments timely
submitted to it under division (B)(3)(a) of this section, has
identified the issues raised by the comments, has assessed the
proposed rule in light of the issues raised by the comments, and
has made such revisions in the proposed rule as it considers
advisable in light of its assessment.
An agency is not required to put any revised version of a
proposed rule through the procedure of divisions (B)(1) to (4) of
this section.
(C) Any original version of a proposed rule, rule summary
and fiscal analysis, or written comment filed or submitted under
division (B) of this section shall be preserved by the agency
with which it is filed or to which it is submitted, and is a
public record open to public inspection.
(D) Each agency shall prepare a plan that provides for the
periodic review, at least once every five years, of each rule of
the agency that is not otherwise subject to review under section 119.032
of the Revised Code and that affects individuals, small businesses, or small
organizations. The purpose of each periodic review shall be to
determine whether the rule that is being reviewed should be
continued without change or amended or rescinded, consistent with
the purpose, scope, and intent of the applicable statute
authorizing adoption of the rule, so as to minimize the economic
impact of the rule upon individuals, small businesses, or small
organizations. Accordingly, in making each periodic review of a
rule, the agency shall consider the continued need for the rule,
the nature of any written complaints or comments that the agency
has received with regard to the rule, the extent to which the
rule duplicates, overlaps, or conflicts with other currently
effective rules, and the degree to which technology, economic
conditions, and other relevant factors have changed in the area
affected by the rule.
Each agency shall annually report to the governor and
general assembly, with regard to each of its rules that have been
reviewed under this division during the preceding calendar year,
the title and administrative code rule number of the rule, a
brief summary of the content and operation of the rule, and a
brief summary of the results of the review. If the agency is
otherwise required to make an annual report to the governor and
general assembly, the agency shall report this information in an
appropriately designated section of its annual report, WHETHER ITS
ANNUAL REPORT IS IN PRINT OR ELECTRONIC FORM OR BOTH. If,
however, the agency is not otherwise required to make an annual
report to the governor and general assembly, the agency, on or
before the first day of February, shall report this information
in a separate report, IN BOTH PRINT AND ELECTRONIC FORM,
to the
governor and general assembly. In
addition to the submissions required by section 101.68 of the
Revised Code, and in addition to any requirement of that section
to submit notice of the availability of a report instead of
copies of the report, the agency shall submit copies of its
annual or separate report IN BOTH PRINT AND ELECTRONIC FORM, which
provides the information
required by this division, to the chairpersons of the
standing
committees of the senate and house of representatives having
jurisdiction over individuals, small businesses, and small
organizations.
Each agency having rules in effect on the effective date of
this section JANUARY 1, 1985, that affect
individuals, small businesses, or small
organizations shall divide those rules into groups, so that at
least one-fifth of those rules are reviewed during each year of a
five-year period commencing on the effective date of this
section JANUARY 1, 1985. A rule that is newly
adopted after the effective date
of this section JANUARY 1, 1985, shall be
reviewed
five years after its effective
date. When a rule has once been reviewed, it shall thereafter be
reviewed again at five-year intervals.
(E) Each agency shall designate an individual or office
within the agency to be responsible for complying with this
division. Each individual or office that has been so designated
shall, within ten days after receiving a request therefor from
any person:
(1) Provide the person with copies of any rule proposed by
the agency that would affect individuals, small businesses, or
small organizations;
(2) Provide the person with copies of the rule summary and
fiscal analysis of any rule proposed by the agency that would
affect individuals, small businesses, or small organizations; or
(3) Find, collate, and make available to the person any
information in the possession of the agency regarding a rule
proposed by the agency, which information would be of interest to
individuals, small businesses, or small organizations.
The agency shall inform the office of small business in
writing of the name, address, and telephone number of each
individual or office designated under this division. The agency
shall promptly inform the office of small business in writing of
any change in the information thus provided.
(F) Division (B) of this section does not apply to any
emergency rule adopted under division (B)(2) of section 111.15 or
division (F) of section 119.03 of the Revised Code, except that
the emergency rule becomes subject to such division when it is
adopted pursuant to the procedure of section 111.15 or 119.03 of
the Revised Code for the adoption of rules not of an emergency
nature.
(G) The department of taxation shall provide a copy of the
full text of any rule proposed by the department that may affect
any business IN BOTH PRINT AND ELECTRONIC FORM to the office of small
business, and the department
shall designate an office within the agency responsible for
providing a copy of any such rule within ten days of receiving a
request from any person.
Sec. 121.39. (A) As used in this section, "environmental
protection" means any of the following:
(1) Protection of human health or safety, biological
resources, or natural resources by preventing, reducing, or
remediating the pollution or degradation of air, land, or water
resources or by preventing or limiting the exposure of humans,
animals, or plants to pollution;
(2) Appropriation or regulation of
privately-owned PRIVATELY OWNED property to preserve air, land,
or water
resources in a natural state or to wholly or partially
restore them to a natural state;
(3) Regulation of the collection, management, treatment,
reduction, storage, or disposal of solid, hazardous,
radioactive, or other wastes;
(4) Plans or programs to promote or regulate the
conservation, recycling, or re-use REUSE of energy, materials,
or
wastes.
(B) Except as otherwise provided in division (E) of this section, when
proposed legislation dealing with environmental
protection or containing a component dealing with environmental protection is
referred to a committee of the general assembly, other than a committee on
rules or reference, the sponsor of the legislation, at the time of the
first hearing of the legislation before the committee, shall submit to
the members of the committee a written statement identifying
either the documentation that is the basis of the legislation or
the federal requirement or requirements with which the
legislation is intended to comply. If the legislation is not
based on documentation or has not been introduced to comply with
a federal requirement or requirements, the written statement
from the sponsor shall so indicate.
Also at the time of the first hearing of the
legislation before the committee, a statewide organization that
represents businesses in this state and that elects its board of
directors may submit to the members of the committee a written
estimate of the costs to the regulated
community in this state of complying with the legislation if it
is enacted.
At any hearing of the legislation before the committee, a representative of
any state agency, environmental advocacy organization, or consumer advocacy
organization or any private citizen may present documentation containing an
estimate of the monetary and other costs to public health and safety and the
environment and to consumers and residential utility customers, and the
effects on property values, if the legislation is not enacted.
(C) Until such time as the statement required under division
(B) of this section is submitted to the committee to which proposed
legislation dealing
with environmental protection or containing a component dealing
with environmental protection was referred, the legislation
shall not be reported by that committee. This requirement does not apply if
the component dealing with environmental protection is removed from
the legislation or if two-thirds of the members of the committee
vote in favor of a motion to report the proposed legislation.
(D) Except as otherwise
provided in division (E) of this section, prior to
adopting a rule or an amendment proposed to a rule dealing with environmental
protection or containing a component dealing with
environmental protection, a state agency shall do all of the following:
(1) Consult with organizations that represent political
subdivisions, environmental interests, business interests, and
other persons affected by the proposed rule or amendment;
(2) Consider documentation relevant to the need
for, the environmental benefits or consequences of, other benefits of,
and the technological feasibility of the proposed rule or amendment;
(3) Specifically identify whether the proposed rule or
amendment is being adopted or amended to enable the state to
obtain or maintain approval to administer and enforce a federal
environmental law or to participate in a federal environmental
program, whether the proposed rule or amendment is more
stringent than its federal counterpart, and, if the proposed
rule or amendment is more stringent, the rationale for not
incorporating its federal counterpart;
(4) Include with the proposed rule or amendment and the rule summary and
fiscal
analysis required under sections 121.24 and 127.18 of the Revised Code, when
they are filed with the joint committee on agency rule review in accordance
with division (D) of section 111.15 or
division (H) of section
119.03 of the Revised Code, one of the following IN BOTH PRINT AND
ELECTRONIC FORM, as
applicable:
(a) The information identified under division (D)(3) of this section and, if
the proposed rule or amendment is more stringent
than its federal counterpart, as identified in that division,
the documentation considered under division
(D)(2) of this section;
(b) If an amendment proposed to a rule
is being adopted or amended under a state statute that
establishes standards with which the amendment shall comply, and
the proposed amendment is more stringent than the rule that it
is proposing to amend, the documentation considered under
division (D)(2) of this section;
(c) If division (D)(4)(a) or (b) of this section is
not applicable, the documentation considered under division
(D)(2) of this section.
If the agency subsequently files a revision of such a proposed rule or
amendment in accordance with division (D) of
section 111.15 or division (H) of section
119.03 of the Revised Code, the revision shall
be accompanied IN BOTH PRINT AND ELECTRONIC FORM by the applicable
information or documentation.
Division (D) of this section does not apply to any
emergency rule adopted under division (B)(2) of section
111.15 or division (F) of section 119.03 of the Revised Code, but does apply
to any
such rule that subsequently is adopted as a nonemergency rule under either of
those divisions.
The information or documentation submitted under division (D)(4)
of this section may be in the form of a summary or
index of available knowledge or information and shall consist of
or be based upon the best available generally accepted knowledge or
information in the appropriate fields, as determined by the agency that
prepared the documentation.
(E) The statement required under division (B) and the
information or documentation required under division
(D) of this section need not be prepared
or submitted with regard to a proposed statute or rule, or an
amendment to a rule, if the statute, rule, or
amendment is procedural or budgetary in nature, or governs the organization
or operation of a state agency, and will not affect the substantive rights or
obligations of any person other than a state agency or an employee or
contractor of a state agency.
(F) The insufficiency, incompleteness, or inadequacy of a statement,
information,
documentation, or a summary of information or documentation
provided in accordance with division (B) or
(D) of this section shall not be grounds for invalidation of any statute,
rule, or amendment to a rule.
(G) This section applies only to the following:
(1) Legislation and components of legislation dealing
with environmental protection that are introduced in the general
assembly after the effective date of this section MARCH
5, 1996;
(2) Rules and rule amendments dealing with
environmental protection that are filed with the joint committee
on agency rule review in accordance with division (D) of section
111.15 or division (H) of section 119.03 of the
Revised Code after the effective date of this section
MARCH 5, 1996.
Sec. 127.18. (A) As used in this section:
(1) "Rule-making agency" has the same meaning as in
division (I) of section 119.01 of the Revised Code.
(2) "Rule" includes the adoption, amendment, or rescission
of a rule.
(3) "Proposed rule" means the original version of a
proposed rule, and each revised version of the same proposed
rule, that is filed with the joint committee on agency rule
review under division (D) of section 111.15 or division (H) of
section 119.03 of the Revised Code.
(B) A rule-making agency shall prepare, in the form
prescribed by the joint committee on agency rule review under
division (E) of this section, a complete and accurate rule
summary and fiscal analysis of each proposed rule that it files
under division (D) of section 111.15 or division (H) of section
119.03 of the Revised Code. The rule summary and fiscal analysis
shall include all of the following information:
(1) The name, address, and telephone number of the
rule-making agency, and the name and telephone number of an
individual or office within the agency designated by that agency
to be responsible for coordinating and making available
information in the possession of the agency regarding the
proposed rule;
(2) The Ohio administrative code rule number of the
proposed rule;
(3) A brief summary of, and the legal basis for, the
proposed rule, including citations identifying the statute that
prescribes the procedure in accordance with which the rule-making
agency is required to adopt the proposed rule, the statute that
authorizes the agency to adopt the proposed rule, and the statute
that the agency intends to amplify or implement by adopting the
proposed rule;
(4) An estimate, in dollars, of the amount by which the
proposed rule would increase or decrease revenues or expenditures
during the current biennium;
(5) A citation identifying the appropriation that
authorizes each expenditure that would be necessitated by the
proposed rule;
(6) A summary of the estimated cost of compliance with the
rule to all directly affected persons;
(7) The reasons why the rule is being proposed;
(8) If the rule has a fiscal effect on school districts, counties, townships,
or municipal corporations, an estimate in dollars of the cost of compliance
with the rule, or, if dollar amounts cannot be determined, a written
explanation of why it was not possible to ascertain dollar amounts;
(9) If the rule has a fiscal effect on school districts, counties, townships,
or municipal corporations and is the result of a federal requirement, a clear
explanation that the proposed state rule does not exceed the scope and intent
of the requirement, or, if the state rule does exceed the minimum necessary
federal requirement, a justification of the excess cost, and an estimate of
the costs, including those costs for local governments, exceeding the federal
requirement;
(10) If the rule has a fiscal effect on school districts, counties,
townships, or municipal corporations, a comprehensive cost estimate that
includes the procedure and method of calculating the costs of compliance and
identifies major cost categories including personnel costs, new equipment or
other capital costs, operating costs, and indirect central service costs
related to the rule. The fiscal analysis shall also include a written
explanation of the agency's and the affected local government's ability to pay
for the new requirements and a statement of any impact the rule will have on
economic development.
(11) Any other information the joint committee on agency
rule review considers necessary to make the proposed rule or the
fiscal effect of the proposed rule fully understandable.
(C) The rule-making agency shall attach one copy of FILE the
rule summary and fiscal analysis to each copy of IN BOTH PRINT AND
ELECTRONIC FORM ALONG WITH the proposed
rule that it files under divisions (D) and (E) of section 111.15
or divisions (B) and (H) of section 119.03 of the Revised Code.
The joint committee on agency rule review shall not accept any
proposed rule for filing unless a copy of the rule summary and
fiscal analysis of the proposed rule, completely and accurately
prepared, has been attached to each copy of IS FILED ALONG WITH
the proposed rule.
(D) The joint committee on agency rule review shall review
the fiscal effect of each proposed rule that is filed under
division (D) of section 111.15 or division (H) of section 119.03
of the Revised Code.
(E) The joint committee on agency rule review shall
prescribe the form in which each rule-making agency shall prepare
its rule summary and fiscal analysis of a proposed rule.
(F) This section does not require the auditor of state or
his THE AUDITOR OF STATE'S designee to prepare or attach a rule
summary and fiscal
analysis to any copy of a rule proposed under section 117.12,
117.19, 117.38, or 117.43 of the Revised Code.
Sec. 4141.14. (A) All rules of the administrator of the
bureau of employment services adopted pursuant to this chapter shall be
approved by the unemployment compensation review
commission before the rules become
effective. All such rules shall specify on their face their
effective date and the date on which they will expire, if known.
Approval by the unemployment compensation review
commission shall also be required before amendments to, or rescission of, any
rules of the administrator adopted pursuant to this chapter become effective.
If the commission disapproves a rule of the administrator, it shall determine
and promulgate a rule that it considers appropriate after affording a hearing
to the administrator.
(B)(1) Any rule promulgated pursuant to this section shall
be effective on the tenth day after the day on which the rule in
final form and in compliance with division (B)(2) of this section
is filed as follows:
(a) Two certified copies of the THE rule shall be filed IN
BOTH PRINT AND ELECTRONIC FORM with
both the secretary of state and the director of the legislative
service commission;
(b) Two certified copies of the THE rule shall be filed IN
BOTH PRINT AND ELECTRONIC FORM with
the joint committee on agency rule review. Division (B)(1)(b) of
this section does not apply to any rule to which division (H) of
section 119.03 of the Revised Code does not apply.
If all copies are not filed FILINGS ARE NOT COMPLETED on the
same day, the rule shall
be effective on the tenth day after the day on which the latest
filing is made COMPLETED. If the bureau of employment services
or the
unemployment compensation review commission in adopting a
rule pursuant to this chapter designates an
effective date that is later than the effective date provided for
by this division, the rule if filed as required by this division
shall become effective on the later date designated by the bureau
or commission.
If the commission or bureau adopts or amends a rule that
is subject to division (H) of section 119.03 of the
Revised Code, the commission or bureau shall assign a review date to the
rule that is not later than five years after its effective date. If no review
date is assigned to a rule, or if a review date assigned to a rule exceeds
the five-year maximum, the review date for the rule is five years after its
effective date. A rule with a review date is subject to review
under section 119.032 of the Revised Code.
(2) The bureau and commission shall file the rule in compliance
with the following standards and procedures:
(a) The rule shall be numbered in accordance with the
numbering system devised by the director for the Ohio
administrative code.
(b) The rule shall be prepared and submitted in compliance
with the rules of the legislative service commission.
(c) The rule shall clearly state the date on which it is
to be effective and the date on which it will expire, if known.
(d) Each rule that amends or rescinds another rule shall
clearly refer to the rule that is amended or rescinded. Each
amendment shall fully restate the rule as amended.
If the director of the legislative service commission or
the director's designee gives the bureau of employment services or
the unemployment compensation review commission written notice
pursuant to section 103.05 of the Revised Code that a rule filed by the
bureau or review commission is not in compliance with the
rules of the legislative service commission, the bureau or
review commission shall within thirty days after receipt of the notice
conform the rule to the rules of the commission as directed in the notice.
The secretary of state and the director shall preserve the
rules filed under division (B)(1)(a) of this section in an
accessible manner. Each such rule shall be a public record open
to public inspection and may be lent TRANSMITTED to any law
publishing
company that wishes to reproduce it.
(C) As used in this section:
(1) "Rule" includes an amendment or rescission of a rule.
(2) "Substantive revision" has the same meaning as in
division (J) of section 119.01 of the Revised Code.
Sec. 5117.02. (A) The tax commissioner shall adopt rules,
or amendments and rescissions of rules, for the administration of
sections 5117.01 to 5117.12 of the Revised Code.
(B) As a means of efficiently administering the program
established by sections 5117.01 to 5117.12 of the Revised Code,
the tax commissioner may extend, by as much as a total of thirty
days, any date specified in such sections for the performance of
a particular action by an individual or an officer.
(C)(1) Except as provided in division (C)(2) of this
section, the tax commissioner shall, in accordance with divisions
(A), (B), (C), (D), (E), and (H) of section 119.03 and section
119.04 of the Revised Code, adopt whatever rules, or amendments
or rescissions of rules are required by or are otherwise
necessary to implement sections 5117.01 to 5117.12 of the Revised
Code. A rule, amendment, or rescission adopted under this
division is not exempt from the hearing requirements of section
119.03 of the Revised Code pursuant to division (G) of that
section, or subject to section 111.15 or 5703.14 of the Revised
Code.
(2) If an emergency necessitates the immediate adoption of
a rule, or the immediate adoption of an amendment or rescission
of a rule that is required by or otherwise necessary to implement
sections 5117.01 to 5117.12 of the Revised Code, the tax
commissioner may immediately adopt the emergency rule, amendment,
or rescission without complying with division (A), (B), (C), (D),
(E), or (H) of section 119.03 of the Revised Code so long as he THE
COMMISSIONER states the reasons for the necessity in the emergency rule,
amendment, or rescission. The emergency rule, amendment, or
rescission is effective on the day copies of the emergency rule,
amendment, or rescission, in final form and in compliance with
division (A)(2) of section 119.04 of the Revised Code, are IS
filed
as follows: two certified copies of the emergency rule,
amendment, or rescission shall be filed IN BOTH PRINT AND ELECTRONIC
FORM 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 FILINGS ARE NOT COMPLETED
on the same day, the
emergency rule, amendment, or rescission is effective on the day
on which the latest filing is made COMPLETED. An emergency
rule,
amendment, or rescission adopted under this division is not
subject to section 111.15, division (F) of section 119.03, or
section 5703.14 of the Revised Code. An emergency rule,
amendment, or rescission adopted under this division continues in
effect until amended or rescinded by the tax commissioner in
accordance with division (C)(1) or (2) of this section, except
that the rescission of an emergency rescission does not revive
the rule rescinded.
(D) Except where otherwise provided, each form,
application, notice, and the like used in fulfilling the
requirements of sections 5117.01 to 5117.12 of the Revised Code
shall be approved by the tax commissioner.
Sec. 5703.14. (A) Any rule adopted by the board of tax
appeals and any rule of the department of taxation adopted by the
tax commissioner shall be effective on the tenth day after the
day on which the rule in final form and in compliance with
division (B) of this section is filed by the board or the
commissioner as follows:
(1) Two certified copies of the THE rule shall be filed IN
BOTH PRINT AND ELECTRONIC FORM with
both the secretary of state and the director of the legislative
service commission;
(2) Two certified copies of the THE rule shall be filed IN
BOTH PRINT AND ELECTRONIC FORM with
the joint committee on agency rule review. Division (A)(2) of
this section does not apply to any rule to which division (H) of
section 119.03 of the Revised Code does not apply.
If all copies are not filed FILINGS ARE NOT COMPLETED on the
same day, the rule shall
be effective on the tenth day after the day on which the latest
filing is made COMPLETED. If the board or the commissioner in
adopting a
rule designates an effective date that is later than the
effective date provided for by this division, the rule if filed
as required by this division shall become effective on the later
date designated by the board or commissioner.
(B) The board and commissioner shall file the rule in
compliance with the following standards and procedures:
(1) The rule shall be numbered in accordance with the
numbering system devised by the director for the Ohio
administrative code.
(2) The rule shall be prepared and submitted in compliance
with the rules of the legislative service commission.
(3) The rule shall clearly state the date on which it is
to be effective and the date on which it will expire, if known.
(4) Each rule that amends or rescinds another rule shall
clearly refer to the rule that is amended or rescinded. Each
amendment shall fully restate the rule as amended.
If the director of the legislative service commission or
his THE DIRECTOR'S designee gives the board or commissioner
written notice pursuant to section 103.05 of the Revised Code that a
rule
filed by the board or commissioner is not in compliance with the rules of the
legislative service commission, the board or commissioner
shall within thirty days after receipt of the notice conform the
rule to the rules of the legislative service commission as
directed in the notice.
All rules of the department and board filed pursuant to
division (A)(1) of this section shall be recorded by the
secretary of state and the director under the name of the
department or board and shall be numbered in accordance with the
numbering system devised by the director. The secretary of state
and the director shall preserve the rules in an accessible
manner. Each such rule shall be a public record open to public
inspection and may be lent TRANSMITTED to any law publishing
company that
wishes to reproduce it. Each such rule shall also be made
available to interested parties upon request directed to the
department.
(C) Applications for review of any rule adopted and
promulgated by the commissioner may be filed with the board by
any person who has been or may be injured by the operation of the
rule. The appeal may be taken at any time after the rule is
filed with the secretary of the state, the director of the
legislative service commission, and, if applicable, the joint
committee on agency rule review. Failure to file an appeal does
not preclude any person from seeking any other remedy against the
application of the rule to him THE PERSON. The applications
shall set forth, or have attached thereto and incorporated by reference, a
true copy of the rule, and shall allege that the rule complained
of is unreasonable and shall state the grounds upon which the
allegation is based. Upon the filing of the application, the
board shall notify the commissioner of the filing of the
application, fix a time for hearing the application, notify the
commissioner and the applicant of the time for the hearing, and
afford both an opportunity to be heard. The appellant, the tax
commissioner, and any other interested persons that the board
permits, may introduce evidence. The burden of proof to show
that the rule is unreasonable shall be upon the appellant. After
the hearing, the board shall determine whether the rule
complained of is reasonable or unreasonable. A determination
that the rule complained of is unreasonable shall require a
majority vote of the three members of the board, and the reasons
for the determination shall be entered on the journal of the
board.
Upon determining that the rule complained of is
unreasonable, the board shall file copies of its determination as
follows:
(1) Two certified copies of the THE determination shall be
filed IN BOTH PRINT AND ELECTRONIC FORM with both the secretary of
state and the director of the
legislative service commission, who shall note the date of their
receipt of the certified copies conspicuously in their files of
the rules of the department;
(2) Two certified copies of the THE determination shall be
filed IN BOTH PRINT AND ELECTRONIC FORM with the joint committee on
agency rule review. Division
(C)(2) of this section does not apply to any rule to which
division (H) of section 119.03 of the Revised Code does not
apply.
On the tenth day after the copies of the determination have
HAS
been received by the secretary of state, the director, and, if
applicable, the joint committee, the rule referred to in the
determination shall cease to be in effect. If all copies
FILINGS of the
determination are not filed ARE NOT COMPLETED on the same day,
the rule shall
remain in effect until the tenth day after the day on which the
latest filing is made COMPLETED. This section does not apply to
licenses
issued under sections 5735.02, 5739.17, and 5743.15 of the
Revised Code, which shall be governed by sections 119.01 to
119.13 of the Revised Code.
The board is not required to hear an application for the
review of any rule where the grounds of the allegation that the
rule is unreasonable have been previously contained in an
application for review and have been previously heard and passed
upon by the board.
(D) This section does not apply to the adoption of any
rule, or to the amendment or rescission of any rule by the tax
commissioner under division (C)(1) or (2) of section 5117.02 of
the Revised Code.
(E) As used in this section, "substantive revision" has
the same meaning as in division (J) of section 119.01 of the
Revised Code.
Section 4. That existing sections 103.05, 111.15, 117.20, 119.03, 119.031,
119.032, 119.0311, 119.04, 121.24, 121.39, 127.18, 4141.14, 5117.02, and
5703.14 of the Revised Code are hereby repealed.
Section 5. Sections 3 and 4 of this act take effect April 1, 2001.
Section 6. That sections 103.05, 111.15, 117.20, 119.03, 119.031, 119.032,
119.0311, 119.04, 121.24, 121.39, 127.18, 4141.14, 5117.02, and 5703.14 be
amended and section 103.0512 of the Revised Code be enacted to read as
follows:
Sec. 103.05. (A) The director of the legislative service
commission shall be the codifier of the rules of the
administrative agencies of the state. When a rule is filed under
section 111.15, 119.04, 4141.14, or 5703.14 of the Revised Code,
the director or the director's designee shall examine the
rule. If the rule
is not numbered or if the numbering of the rule is not in
conformity with the system established by the director, the
director shall give the rule its proper number by designating
the proper number on the left hand margin of the rule. The number
shall be the official administrative code number of the rule. Any number so
assigned shall be published in any publication of
the administrative code. Rules of the administrative
code shall be cited and referred to by such official numbers.
The legislative service commission shall, pursuant to
section 111.15 of the Revised Code, adopt, amend, and rescind any
rules that are necessary to provide a uniform administrative
code; to provide standards for use by the director in determining
whether to include in the administrative code the full text of,
or a reference to, any rule filed with the commission; to
permit the director to discharge the director's duties and
exercise the director's
powers as described in this section; and to permit the director to discharge
the director's duties
and exercise the director's powers with respect to establishing
and maintaining, and enhancing and improving, the electronic
rule-filing system under section 103.0511 of the Revised Code.
When the commission adopts rules to provide standards for
use by the director in determining whether to include the full
text of, or a reference to, a rule in the administrative code, it
shall consider all of the following:
(1) Whether the rule applies uniformly to all citizens of
the state;
(2) Whether the rule applies uniformly to all political
subdivisions of the state;
(3) Whether the rule affects the health, welfare, and
safety of the citizens of the state;
(4) Whether the rule applies only to the internal affairs
of the agency adopting the rule;
(5) The number of persons affected by the rule;
(6) Whether the rule affects the statutory or
constitutional rights of any person.
The director or the director's designee shall accept any
rule that is
filed under section 111.15, 119.04, 4141.14, or 5703.14 of the
Revised Code. If the director or the director's designee
accepts a rule that is not in compliance with the rules of the commission, the
director shall give notice of the noncompliance in both print and
electronic form to the agency that
filed the rule within thirty days after the date on which the
rule is filed. The notice shall indicate why the rule does not
comply with the rules of the commission and how the rule can be
brought into compliance. The failure of the director to give an
agency notice within the thirty-day period shall presumptively
establish that the rule complies with the rules of the
commission.
(B) The director shall approve as acceptable any publication of the code
conforming to the requirements of this division.
An Ohio administrative code approved as acceptable by
the director shall:
(1) Contain a compilation of the full text of, or a
reference to, each rule filed under sections 111.15, 119.04,
4141.14, and 5703.14 of the Revised Code;
(2) Presumptively establish the rules of all agencies
adopting rules under section 111.15, 4141.14, 5703.14, or Chapter
119. of the Revised Code that are in effect on the day of its
initial publication;
(3) Contain the full text of, or a reference to, each rule
adopted after its initial publication and be updated at least quarterly;
(4) Contain an index of the rules and references to rules
that are included in the code and each supplement using terms
easily understood by the general public;
(5) Be published in electronic
or print format following, to
the
extent possible, the subject matter arrangement of the Revised
Code;
(6) Be numbered according to the numbering system devised
by the director.
(C) If the director does not approve as acceptable any
publication of the administrative code, the director, subject to division (D)
of this section, may
prepare and publish the code, or contract with any person under this
division to
prepare and publish the code. Any code published under this
division shall
include all of the requirements of division (B) of this section.
In addition, the director shall furnish any code or supplement published
under this division to any
person who requests the code or supplement upon payment of a charge
established by the director, not to
exceed the cost of preparation and publication.
Upon the request of the director of the legislative service
commission under this division, the director of administrative services, in
accordance with the competitive selection procedure of Chapter
125. of the Revised Code, shall let a contract for the
compilation, preparation, and printing or publication of the administrative
code and supplements.
(D) The director shall not prepare and publish the
administrative code in a print mode or any other mode under division
(B) or (C) of this section unless no other person is willing
and qualified to publish a version of the code in that mode that the director
has approved as acceptable.
Sec. 103.0512. IF THERE IS AN EXPECTED OR UNEXPECTED SHUT DOWN OF THE
WHOLE OR PART OF THE ELECTRONIC RULE-FILING SYSTEM, SUCH AS FOR MAINTENANCE OR
BECAUSE OF HARDWARE OR SOFTWARE FAILURE, THE DIRECTOR OF THE LEGISLATIVE
SERVICE COMMISSION MAY TEMPORARILY AUTHORIZE AN AGENCY THAT IS REQUIRED TO
FILE RULES AND OTHER RULE-MAKING AND RULE-RELATED DOCUMENTS EXCLUSIVELY IN
ELECTRONIC FORM NEVERTHELESS TO FILE RULES AND OTHER RULE-MAKING AND
RULE-RELATED DOCUMENTS IN PRINT FORM.
Sec. 111.15. (A) As used in this section:
(1) "Rule" includes any rule, regulation, bylaw, or
standard having a general and uniform operation adopted by an
agency under the authority of the laws governing the agency; any
appendix to a rule; and any internal management rule. "Rule"
does not include any guideline adopted pursuant to section
3301.0714 of the Revised Code, any order respecting the duties of
employees, any finding, any determination of a question of law or
fact in a matter presented to an agency, or any rule promulgated
pursuant to Chapter 119., section 4141.14, division (C)(1) or (2)
of section 5117.02, or section 5703.14 of the Revised Code.
"Rule" includes any amendment or rescission of a rule.
(2) "Agency" means any governmental entity of the state
and includes, but is not limited to, any board, department,
division, commission, bureau, society, council, institution,
state college or university, community college district,
technical college district, or state community college. "Agency"
does not include the general assembly, the controlling board,
the adjutant general's department, or
any court.
(3) "Internal management rule" means any rule, regulation,
bylaw, or standard governing the day-to-day staff procedures and
operations within an agency.
(4) "Substantive revision" has the same meaning as in
division (J) of section 119.01 of the Revised Code.
(B)(1) Any rule, other than a rule of an emergency nature,
adopted by any agency pursuant to this section shall be effective
on the tenth day after the day on which the rule in final form
and in compliance with division (B)(3) of this section is filed
as follows:
(a) The rule shall be filed in both print and electronic form with
both the secretary of state and the director of the legislative
service commission;
(b) The rule shall be filed in both print and electronic form with
the joint committee on agency rule review. Division (B)(1)(b) of
this section does not apply to any rule to which division (D) of
this section does not apply.
An agency that adopts or amends a rule that is subject to division
(D) of this section shall assign a review
date to the rule that is not later than five years after its effective date.
If no review date is assigned to a rule, or if a review date assigned to a
rule exceeds the five-year maximum, the review date for the rule is
five years after its effective date. A rule with a review date is
subject to review under section 119.032 of the
Revised Code. This paragraph does not apply to a rule of a
state college or university, community college district, technical college
district, or state community college.
If all filings are not completed on the same day, the rule shall
be effective on the tenth day after the day on which the latest
filing is completed. If an agency in adopting a rule designates an
effective date that is later than the effective date provided for
by division (B)(1) of this section, the rule if filed as required
by such division shall become effective on the later date
designated by the agency.
Any rule that is required to be filed under division (B)(1)
of this section is also subject to division (D) of this section
if not exempted by division (D)(1), (2), (3), (4), (5), (6),
(7), or (8) of this section.
(2) A rule of an emergency nature necessary for the
immediate preservation of the public peace, health, or safety
shall state the reasons for the necessity. The
emergency rule, in final form and in compliance with division
(B)(3) of this section, shall be filed in both print and electronic
form
with the
secretary of state, the director of the legislative service
commission, and
the joint committee on agency rule review. The
emergency rule is effective immediately upon completion of the latest filing,
except that if the agency in adopting the emergency rule
designates an effective date, or date and time of day, that is
later than the effective date and time provided for by division
(B)(2) of this section, the emergency rule if filed as required
by such division shall become effective at the later date, or
later date and time of day, designated by the agency.
An emergency rule becomes invalid at the end of the
ninetieth day it is in effect. Prior to that date, the agency
may file the emergency rule as a nonemergency rule in compliance
with division (B)(1) of this section. The agency may not refile
the emergency rule in compliance with division (B)(2) of this
section so that, upon the emergency rule becoming invalid under
such division, the emergency rule will continue in effect without
interruption for another ninety-day period.
(3) An agency shall file a rule under division (B)(1) or
(2) of this section in compliance with the following standards
and procedures:
(a) The rule shall be numbered in accordance with the
numbering system devised by the director for the Ohio
administrative code.
(b) The rule shall be prepared and submitted in compliance
with the rules of the legislative service commission.
(c) The rule shall clearly state the date on which it is
to be effective and the date on which it will expire, if known.
(d) Each rule that amends or rescinds another rule shall
clearly refer to the rule that is amended or rescinded. Each
amendment shall fully restate the rule as amended.
If the director of the legislative service commission or
the director's designee gives an agency notice
pursuant to section
103.05 of the Revised Code that a rule filed by the agency is not
in compliance with the rules of the legislative service
commission, the agency shall within thirty days after receipt of
the notice conform the rule to the rules of the commission as
directed in the notice.
(C) All rules filed pursuant to divisions (B)(1)(a) and
(2) of this section shall be recorded by the secretary of state
and the director under the title of the agency adopting the rule
and shall be numbered according to the numbering system devised
by the director. The secretary of state and the director shall
preserve the rules in an accessible manner. Each such rule shall
be a public record open to public inspection and may be transmitted to
any law publishing company that wishes to reproduce it.
(D) At least sixty-five days before a board, commission,
department, division, or bureau of the government of the state
files a rule under division (B)(1) of this section, it shall file
the full text of the proposed rule in both print and electronic form
with the
joint
committee on agency rule review, and the proposed rule
is
subject to legislative review and invalidation under division (I)
of section 119.03 of the Revised Code. If a state board,
commission, department, division, or bureau makes a substantive
revision in a proposed rule after it is filed with the joint
committee, the state board, commission, department,
division, or
bureau shall promptly file the full text of
the
proposed rule in its revised form in both print and electronic form
with the joint committee. The
latest version of a proposed rule as filed with the joint
committee supersedes each earlier version of the text
of the same
proposed rule. Except as provided in division (F) of this
section, a state board, commission, department, division, or
bureau shall also file the rule summary and fiscal
analysis prepared under section 121.24 or 127.18 of the Revised
Code, or both, in both print and electronic form along with a proposed
rule, and
along with a proposed rule in revised form, that is filed under this
division.
As used in this division, "commission" includes the public utilities
commission when adopting rules under a federal or state statute.
This division does not apply to any of the following:
(1) A proposed rule of an emergency nature;
(2) A rule proposed under section 1121.05, 1121.06, 1155.18, 1733.412,
4123.29, 4123.34, 4123.341, 4123.342, 4123.40, 4123.411, 4123.44,
or
4123.442 of the Revised Code;
(3) A rule proposed by an agency other than a board,
commission, department, division, or bureau of the government of
the state;
(4) A proposed internal management rule of a board,
commission, department, division, or bureau of the government of
the state;
(5) Any proposed rule 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.
(6) An initial rule proposed by the director of health to
impose safety standards, quality-of-care standards, and quality-of-care data
reporting requirements with respect to a health service specified in section
3702.11 of the Revised Code, or an initial rule proposed by the director to
impose
quality standards on a facility listed in division (A)(4) of section
3702.30 of the Revised Code, if section 3702.12 of the Revised Code requires
that the rule be adopted under this section;
(7) A rule of the state lottery commission pertaining to
instant game rules.
If a rule is exempt from legislative review under division (D)(5)
of this section, and if the federal law or rule pursuant to which
the rule was adopted expires, is repealed or rescinded, or
otherwise terminates, the rule is thereafter subject to
legislative review under division (D) of this section.
(E) Whenever a state board, commission, department,
division, or bureau files a proposed rule or a proposed rule in
revised form under division (D) of this section, it shall also
file the full text of the same proposed rule or
proposed rule in revised form in both print and electronic form with
the secretary of state and
the director of the legislative service
commission. Except as provided in division (F) of this section,
a state board, commission, department, division, or bureau shall
file the rule summary and fiscal analysis prepared
under section 121.24 or 127.18 of the Revised Code, or both, in both print
and electronic form
along with a proposed rule or proposed rule in revised form
that is filed with the secretary of state or the director of the
legislative service commission.
(F) Except as otherwise provided in this division, the
auditor of state or the auditor of state's designee is not required
to file a rule
summary and fiscal analysis along with a proposed rule, or
proposed rule in revised form, that the auditor of state proposes
under section
117.12, 117.19, 117.38, or 117.43 of the Revised Code and files
under division (D) or (E) of this section. If, however, the
auditor of state or the designee prepares a rule summary and
fiscal analysis of the original version of such a proposed rule
for purposes of complying with section 121.24 of the Revised
Code, the auditor of state or designee shall file the
rule summary and fiscal
analysis in both print and electronic form along with the original
version of the proposed
rule filed under division (D) or (E) of this section.
Sec. 117.20. (A) In adopting rules pursuant to
Chapter 117. of
the Revised Code, the auditor of state or the auditor of
state's designee shall do both of the following:
(1) Before adopting any such rule, except a rule of an
emergency nature, do each of the following:
(a) At least thirty-five days before any public hearing on
the proposed rule-making action, mail notice of the hearing to
each public office and to each statewide organization that the
auditor of state or designee
determines will be affected or represents persons who will be
affected by the proposed rule-making action;
(b) Mail a copy of the proposed rule to any person or
organization that requests a copy within five days after receipt
of the request;
(c) Consult with appropriate state and local government
agencies, or with persons representative of their interests,
including statewide organizations of local government officials,
and consult with accounting professionals and other interested
persons;
(d) Conduct, on the date and at the time and place
designated in the notice, a public hearing at which any person
affected by the proposed rule, including statewide organizations
of local government officials, may appear and be heard in person,
by attorney, or both, and may present the person's or
organization's position or
contentions orally or in writing.
(2) Except as otherwise provided in division (A)(2) of
this section, comply with divisions (B) to (E) of section 111.15
of the Revised Code. The auditor of state is not required to
file a rule summary and fiscal analysis along with any copy of a
proposed rule, or proposed rule in revised form, that is filed
with the joint committee on agency rule review, the secretary of
state, or the director of the legislative service commission
under division (D) or (E) of section 111.15 of the Revised Code;
however, if the auditor of state or the auditor of state's
designee prepares a rule
summary and fiscal analysis of the original version of a proposed
rule for purposes of complying with section 121.24 of the Revised
Code, the auditor of state or designee shall file a copy of
the rule summary and fiscal
analysis in both print and electronic form along with the original
version of the proposed
rule filed under division (D) or (E) of section
111.15 of
the Revised Code.
(B) The auditor of state shall diligently discharge the
duties imposed by divisions (A)(1)(a), (b), and (c) of this
section, but failure to mail any notice or copy of a proposed
rule, or to consult with any person or organization, shall not
invalidate any rule.
(C) Notwithstanding any contrary provision of the Revised
Code, the auditor of state may prepare and disseminate, to public
offices and other interested persons and organizations, advisory
bulletins, directives, and instructions relating to accounting
and financial reporting systems, budgeting procedures, fiscal
controls, and the constructions by the auditor of state of
constitutional and statutory provisions, court decisions, and
opinions of the attorney general. The bulletins, directives, and
instructions shall be of an advisory nature only.
(D) As used in this section, "rule" includes the adoption,
amendment, or rescission of a rule.
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 form the agency
determines. 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 the thirty-first
nor later than
the fortieth day after the proposed rule,
amendment, or rescission is
filed under division (B) of this section.
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.
The agency 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.
(B) The full text of the proposed rule,
amendment, or rule to be rescinded, accompanied by
the public notice required under division (A) of this section,
shall be filed in both print and electronic form with the secretary of
state and
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
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 notice
with the secretary of state and
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-five 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 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 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 the full
text of the proposed rule, amendment, or rescission in its
revised form in both print and electronic form with the secretary of
state and
with the director of the legislative service commission.
The
agency shall file the rule summary and fiscal
analysis prepared under section 121.24 or 127.18 of the Revised
Code, or both,
in both print and electronic form along with 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 the person's attorney, or
both, may
present 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 shall be recorded. 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.
(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, the governor shall issue
an order, the text of which shall be filed in both print and electronic
form with the agency, 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 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 in both print and electronic form
with the secretary
of state, the director of the legislative service commission,
and the joint committee on agency rule
review. If all filings are not completed on the same day, the
emergency rule, amendment, or rescission shall be effective on
the day on which the latest filing is completed. 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 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
in both print and electronic form
with the joint committee on agency rule review the
full text of the proposed rule, amendment, or rule to be
rescinded in the same form and 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 one 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 the full text of the proposed rule,
amendment, or rescission in its revised form
in both print and electronic 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 file the rule
summary and fiscal analysis prepared under section 121.24 or
127.18 of the Revised Code, or both,
in both print and electronic form
along with a proposed
rule, amendment, or rescission, and along with 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.
If a rule or amendment is exempt from legislative review under
division (H)(2) of this section, and if the federal law or rule
pursuant to which the rule or amendment was adopted expires, is
repealed or rescinded, or otherwise terminates, the rule or
amendment, or its rescission, is thereafter subject to legislative
review under division (H) of this section.
(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 not later than the sixty-fifth 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-five 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 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 in both print and electronic form a
certified text 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, 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 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 an 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. The governor's orders shall be
filed in accordance with division (F) of this section. The joint
committee shall send
in both print and electronic form to
the rule-making agency, the secretary of
state, and the director of the legislative service commission a
certified text of the finding and order to revise the rule summary and
fiscal
analysis, which shall take immediate effect.
An 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
in both print and electronic form
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 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
in both print and electronic form
to the rule-making agency, the secretary
of state, and the director of the legislative service commission
a certified text of this new order. The secretary of state and
the director of the legislative service commission shall each
attach and link this order to 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 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. 119.031. (A) The chairperson of the joint
committee on
agency rule review shall compare each rule, amendment, or
rescission as filed in final form with the latest version of the
same rule, amendment, or rescission as filed in proposed form.
(B) If, upon making the comparison required by division
(A) of this section, the chairperson of the joint
committee on
agency rule review finds that the rule-making agency has made a
substantive revision in the rule, amendment, or rescission
between the time it filed the latest version of the rule,
amendment, or rescission in proposed form and the time it filed
the rule, amendment, or rescission in final form, the
chairperson shall promptly notify the rule-making agency, the secretary of
state, and the director of the legislative service commission in both print
and electronic form of that finding.
(C) The joint committee on agency rule review shall review
any rule, amendment, or rescission as filed in final form if,
under division (B) of this section, it is found to contain a
substantive revision. The joint committee may do either or both
of the following:
(1) If the joint committee makes any of the findings
stated in division (I)(1)(a), (b), or (c) of section 119.03 of
the Revised Code, it may suspend the rule, amendment, rescission,
or any part thereof. The suspension shall remain in effect until
the time for legislative review and invalidation has expired
under division (D) of this section, or until the general assembly
adopts a concurrent resolution invalidating the rule, amendment,
rescission, or any part thereof, whichever occurs first. The
chairperson of the joint committee shall promptly
notify the
rule-making agency, the secretary of state, and the director of
the legislative service commission in both print and electronic
form of the suspension.
(2) The joint committee may recommend the adoption of a
concurrent resolution invalidating the rule, amendment,
rescission, or any part thereof if it makes any of the findings
stated in division (I)(1)(a), (b), or (c) of section 119.03 of
the Revised Code.
(D) A rule, amendment, or rescission that, under division
(B) of this section, is found to contain a substantive revision
shall nevertheless become effective pursuant to division (B)(1)
of section 111.15, division (A)(1) of section 119.04, division
(B)(1) of section 4141.14, or division (A) of section 5703.14 of
the Revised Code and remain in effect as filed in final form
unless:
(1) Under division (C)(1) of this section, the joint
committee suspends the rule, amendment, rescission, or any part
thereof; or
(2) Prior to the sixtieth day after the rule, amendment,
or rescission was filed in final form, the house of
representatives and senate adopt a concurrent resolution
invalidating the rule, amendment, rescission, or any part
thereof. If, after the joint committee on agency rule review
recommends the adoption of a concurrent resolution invalidating
the 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.
Upon the adoption of such a concurrent resolution, the
clerk of the senate shall, within five days thereafter, send the
rule-making agency, the secretary of state, and the director of
the legislative service commission,
in both print and electronic form,
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 shall each note the invalidity of the rule,
amendment, rescission, or part thereof,
and shall
remove the invalid rule, amendment, rescission, or part thereof
from the file of current rules. The director shall also indicate
in the Ohio administrative code that the rule, amendment,
rescission, or part thereof is invalid and the date of
invalidation. The rule-making agency shall make appropriate
adjustments to reflect the invalidity of the rule, amendment,
rescission, or part thereof.
(E) Invalidation of a rule, amendment, rescission, or part
thereof under this section shall prevent the rule-making agency
from instituting proceedings to readopt any version of the same
rule, amendment, rescission, or part thereof for the duration of
the general assembly that invalidated the rule, amendment,
rescission, or part thereof unless the same general assembly
adopts a concurrent resolution permitting the rule-making agency
to institute such proceedings.
(F) The failure of the general assembly to invalidate a
rule, amendment, rescission, or part thereof under this section
shall not be construed as a ratification of the lawfulness or
reasonableness of the rule, amendment, rescission, or any part
thereof or of the validity of the procedure by which the rule,
amendment, rescission, or any part thereof was adopted.
(G) As used in this section, a rule, amendment, or
rescission is filed:
(1) "In proposed form" when it is filed in such form with
the joint committee under division (D) of section 111.15 or
division (H) of section 119.03 of the Revised Code;
(2) "In final form" when it is filed in such form with the
joint committee under division (B)(1)(b) of section 111.15,
division (A)(1)(b) of section 119.04, division (B)(1)(b) of
section 4141.14, or division (A)(2) of section 5703.14 of the
Revised Code.
Sec. 119.032. (A) As used in this section:
(1) "Agency" includes both an agency as defined in division
(A)(2) of section 111.15 and an agency as defined in division
(A) of section 119.01 of the Revised Code.
(2) "Review date" means the review date assigned to a rule by an agency
under division (B) or (E)(2) of this section or under
section 111.15, 119.04, or 4141.14 of the
Revised Code
or a review date assigned to a rule by the joint committee on agency rule
review under division (B) of this section.
(3)(a) "Rule" means only a rule whose adoption, amendment, or
rescission
is subject to review under division (D) of
section 111.15 or division (H) of section
119.03 of the Revised Code.
(b) "Rule" does not include a rule adopted,
amended, or rescinded by the department of taxation under section 5703.14 of
the Revised Code, a rule of a state college or university,
community college district, technical college district, or state community
college, or a rule that is consistent with and equivalent to the form
required by a federal law and that does not exceed the minimum scope and
intent of that federal law.
(B) Not later than March 25, 1997,
each agency shall assign a review
date to each of its rules that is currently in effect and shall notify the
joint committee on agency rule review of the
review date for each such rule. The agency shall assign review dates to its
rules so that approximately one-fifth of the rules are scheduled for review
during each calendar year of the five-year period that begins
March 25, 1997, except that an agency,
with the joint committee's approval, may set a review schedule for the
agency's rules in which there is no requirement that approximately
one-fifth of the agency's rules be assigned a review date during each calendar
year of the five-year period but in which all of the agency's rules are
assigned a review date during that five-year period. An agency may change the
review dates it has assigned to specific rules so long as the agency complies
with the five-year time deadline specified in this division.
Upon the request
of the agency that adopted the rule, the joint committee on agency rule review
may extend a review
date of a rule to a date that is not later than one hundred eighty days after
the
original review date assigned to the rule by the agency under this division,
division (E)(2) of this section, or section 111.15, 119.04, or
4141.14 of the Revised Code. The joint committee may further extend
a review date that has been extended under
this paragraph if appropriate under the circumstances.
(C) Prior to the review date of a rule,
the agency that adopted the rule shall review the rule to determine all of the
following:
(1) Whether the rule should be continued without amendment, be amended,
or be rescinded, taking into consideration the purpose, scope, and intent of
the statute under which the rule was adopted;
(2) Whether the rule needs amendment or rescission to give more
flexibility
at the local level;
(3) Whether the rule needs amendment or rescission to eliminate
unnecessary
paperwork;
(4) Whether the rule duplicates, overlaps with, or conflicts with other
rules.
(D) In making the review required under
division (C) of this section, the agency shall
consider the continued need for the rule, the nature of any complaints or
comments received concerning the rule, and any relevant factors that have
changed in the subject matter area affected by the rule.
(E)(1) On or before the
designated review date of a rule, the agency that adopted the rule shall
proceed under division
(E)(2) or (5) of this section
to indicate
that the agency has reviewed the
rule.
(2) If the agency has determined that the rule does not need to be
amended or rescinded, the agency shall
file all the following, in both print and electronic
form, with the joint committee on agency rule review, the secretary of state,
and the director
of the legislative service commission: a copy of the rule, a statement of
the agency's determination,
and an accurate rule summary and fiscal analysis for the rule as described
in section 127.18 of the Revised
Code. The agency shall assign a new review date to the
rule, which shall not be later than five years after the rule's immediately
preceding review date. After the joint committee has
reviewed such a rule for the first time, including any rule that was in effect
on September 26, 1996, the agency in its subsequent reviews of
the rule may provide the same fiscal analysis it provided to the joint
committee during its immediately preceding review of the rule unless any of
the conditions described in division
(B)(4), (5), (6), (8), (9), or (10) of section
127.18 of the Revised
Code, as they relate to the rule, have
appreciably changed since the joint committee's immediately preceding review
of the rule. If any of these conditions, as they relate to the rule, have
appreciably changed, the agency shall provide the joint committee with an
updated fiscal analysis for the rule. If no review date is assigned to a
rule, or if a review date assigned to a rule exceeds the five-year maximum,
the review date
for the rule is five years after its immediately preceding review date. The
joint committee shall give public notice in the register of Ohio of the
agency's determination after receiving a
notice from the agency under division (E)(2)
of this section. The joint committee shall transmit a copy of the notice in
both print and electronic form to the director of the
legislative service commission. The director shall publish the
notice in the register of Ohio for four consecutive weeks after
its receipt.
(3) During the ninety-day period following the date the joint committee
receives a notice under division (E)(2) of
this section but after the four-week period described in division
(E)(2) of this section has ended, the joint committee, by a
two-thirds vote of the members present, may recommend the
adoption of a concurrent resolution invalidating the rule if the joint
committee determines that either of the following applies:
(a) The agency improperly applied the criteria
described in divisions (C) and
(D) of this section in reviewing the rule and
in recommending its continuance without amendment or rescission.
(b) The agency failed to file proper notice
with the joint committee regarding the rule.
(4) If the joint committee does not take the action described in
division (E)(3) of this section regarding a
rule during the ninety-day period after the date the joint committee receives
a notice under division (E)(2) of this section
regarding that rule, the rule shall continue in effect without amendment and
shall be next reviewed by the joint committee by the date designated by the
agency in the notice provided to the joint committee under division
(E)(2) of this section.
(5) If the agency has determined that a rule reviewed under division
(C) of this section
needs to be amended or rescinded, the agency, on or before the
rule's review date, shall file the rule as amended or rescinded in accordance
with section 111.15, 119.03, or 4141.14 of the Revised Code,
as applicable.
(6) Each
agency shall provide the joint committee with a copy of the
rules that it has determined are rules described in division
(A)(3)(b) of this section. At a time the joint committee
designates, each agency shall appear before the
joint committee and explain why it has determined that such rules are rules
described in division (A)(3)(b) of this section. The
joint committee, by a two-thirds vote of the members present, may
determine that any of such rules are rules described in division
(A)(3)(a) of this section. After the joint committee has
made such a determination relating to a rule,
the agency shall thereafter treat the rule as a rule described in
division (A)(3)(a) of this section.
(F) If an agency fails to provide
the notice to the joint committee required under division
(E)(2) of this section regarding a
rule or otherwise fails by the rule's review date to take any action regarding
the rule required by this section, the joint committee, by a majority vote of
the members present, may recommend the adoption of a concurrent resolution
invalidating the rule. The joint committee shall not recommend the adoption
of such a resolution until it has afforded the agency the opportunity to
appear before the joint committee to show cause why
the joint committee should not recommend the adoption of such a resolution
regarding that rule.
(G) If the joint committee recommends
adoption of a concurrent resolution invalidating a rule under division
(E)(3) or (F)
of this section, the adoption of the concurrent resolution shall be in the
manner described in division (I) of section
119.03 of the Revised Code.
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 and 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.
Sec. 119.04. (A)(1) Any rule adopted by any agency shall
be effective on the tenth day after the day on which the rule in
final form and in compliance with division (A)(2) of this section
is filed as follows:
(a) The rule shall be filed in both print and electronic form with
both the secretary of state and the director of the legislative
service commission;
(b) The rule shall be filed in both print and electronic form with
the joint committee on agency rule review. Division (A)(1)(b) of
this section does not apply to any rule to which division (H) of
section 119.03 of the Revised Code does not apply.
If all filings are not completed on the same day, the rule shall
be effective on the tenth day after the day on which the latest
filing is completed. If an agency in adopting a rule designates an
effective date that is later than the effective date provided for
by this division, the rule if filed as required by this division
shall become effective on the later date designated by the
agency.
An agency that adopts or amends a rule that is subject to division
(H) of section 119.03 of the Revised Code
shall assign a review date to the rule that is not later than five years
after its effective date. If no review date is assigned to a rule, or if a
review date assigned to a rule exceeds the five-year maximum, the
review date for the rule is five years after its effective date. A rule with
a review date is subject to review under section 119.032 of the
Revised Code. This paragraph does not apply to the
department of taxation.
(2) The agency shall file the rule in compliance with the
following standards and procedures:
(a) The rule shall be numbered in accordance with the
numbering system devised by the director for the Ohio
administrative code.
(b) The rule shall be prepared and submitted in compliance
with the rules of the legislative service commission.
(c) The rule shall clearly state the date on which it is
to be effective and the date on which it will expire, if known.
(d) Each rule that amends or rescinds another rule shall
clearly refer to the rule that is amended or rescinded. Each
amendment shall fully restate the rule as amended.
If the director of the legislative service commission or
the director's designee gives an agency notice pursuant to
section
103.05 of the Revised Code that a rule filed by the agency is not
in compliance with the rules of the commission, the agency shall
within thirty days after receipt of the notice conform the rule
to the rules of the commission as directed in the notice.
(3) As used in this section, "rule" includes an amendment
or rescission of a rule.
(B) The secretary of state and the director shall preserve
the rules filed under division (A)(1)(a) of this section in an
accessible manner. Each such rule shall be a public record open
to public inspection and may be transmitted to any law publishing
company that wishes to reproduce it.
Any rule that has been adopted in compliance with section
119.03 of the Revised Code and that is in effect before January
1, 1977, may be divided into sections, numbered, provided with a
subject heading, and filed with the secretary of state and the
director to comply with the provisions of this section without
carrying out the adoption procedure required by section 119.03 of
the Revised Code. The codification of existing rules to comply
with this section shall not constitute adoption, amendment, or
rescission.
Sec. 121.24. (A) As used in this section:
(1) "Agency" means any agency as defined in division
(A)(2) of section 111.15 or division (A) of section 119.01 of the
Revised Code.
(2) "Employee" means a person who is employed by a small
business or small organization for at least one thousand eight
hundred hours per year.
(3) A rule is "filed in final form" when it is filed with
the secretary of state, the director of the legislative service
commission, and the joint committee on agency rule review under
division (B)(1) of section 111.15, division (A)(1) of section
119.04, division (B)(1) of section 4141.14, or division (A) of
section 5703.14 of the Revised Code.
(4) "History trail" means the supplementary information
required to be provided on each copy of a proposed rule, which
information is not part of the text of the rule, and sets forth
the statute prescribing the procedure in accordance with which
the proposed rule is required to be adopted, the statute that
authorizes the agency to adopt the proposed rule, the statute
that the agency intends to amplify or implement by adopting the
proposed rule, the effective dates of any previous versions of
the rule that is the subject of the proposal, and other similar
information as prescribed in rules of the legislative service
commission.
(5) "Individual" means any individual who is affected by a
rule in the individual's capacity as an officer or
employee of a small
business or small organization.
(6) "Rule summary and fiscal analysis" means a rule
summary and fiscal analysis of a proposed rule that provides the
information required by division (B) of section 127.18 of the
Revised Code, and that has been prepared in the form prescribed
by the joint committee on agency rule review under division (E)
of that section.
(7) "Rate" means any rate, classification, fare, toll,
rental, or charge of a public utility.
(8) "Rule" means any rule, regulation, or standard having
a general and uniform operation, including any appendix thereto,
that is adopted, promulgated, and enforced by an agency under the
authority of the laws governing the agency. "Rule" includes the
adoption of a new rule or the amendment or rescission of an
existing rule. "Rule" does not include any of the following:
(a) A rule proposed under section 1121.05, 1121.06, 1155.18, or 1163.22 of
the Revised Code;
(b) A rule governing the internal management of an agency
that does not affect private rights;
(c) A rule authorized by law to be issued as a temporary
written order;
(d) Except as otherwise provided in division (A)(8)(d) of
this section, a rule or order, whether of a quasi-legislative or
quasi-judicial nature, proposed by the public utilities
commission. Any rule or order, whether of a quasi-legislative or
quasi-judicial nature, proposed by the public utilities
commission that determines a rate of a public utility to be just
and reasonable is a "rule" for purposes of this section, unless
the rule or order contains findings that the public utility, in
applying for approval of the rate under section 4909.18 of the
Revised Code, stated facts and grounds sufficient for the
commission to determine that the proposed rate was just and
reasonable.
(e) A proposed rule, the adoption of which is mandated by
a federal law or rule, and which must be adopted substantially as
prescribed by federal law or rule, to become effective within one
hundred twenty days of adoption, so long as the history trail of
the proposed rule contains a statement that it is proposed for
the purpose of complying with a federal law or rule and a
citation to the federal law or rule that mandates substantial
compliance;
(9) "Small business" means an independently owned and
operated business having fewer than four hundred employees.
(10) "Small organization" means an unincorporated
association, sheltered workshop, or nonprofit enterprise having
fewer than four hundred employees. This definition is not
limited to the types of small organizations expressly mentioned,
and includes all other types of small organizations, so long as
such organizations have fewer than four hundred employees.
(B) If an agency intends to adopt a rule, and reasonably
believes that the proposed rule, if adopted, will be likely to
affect individuals, small businesses, or small organizations, the
agency shall comply with the following procedure in adopting the
rule, in addition to any other procedure required by section
111.15, 117.16, 119.03, 119.032, 119.04, 127.18, 4141.14, or 5117.02
of
the Revised Code or any other statute of this state:
(1) The agency shall prepare a complete and accurate rule
summary and fiscal analysis of the original version of the
proposed rule.
(2) After complying with division (B)(1) of this section,
and at least sixty days before the agency files the proposed rule
in final form, the agency shall file with the office of small
business, in both print and electronic form, the full text of the
original version of
the proposed rule and the rule summary and fiscal
analysis of such proposed rule.
(3) During a period commencing on the date the original
version of the proposed rule is filed pursuant to division (B)(2)
of this section and ending forty days thereafter:
(a) The chairperson of the standing committee of the
senate
or house of representatives having jurisdiction over individuals,
small businesses, or small organizations, or any other person
having an interest in the proposed rule, may submit comments in both print
and electronic form to the agency, to the joint committee on agency rule
review, or to both, concerning the expected effect of the
proposed rule, if adopted, upon individuals, small businesses,
and small organizations. The agency and joint committee shall
accept all such timely submitted written comments.
(b) The chairperson of the standing committee of the
senate
or house of representatives having jurisdiction over
individuals, small businesses, or small organizations, in both print
and electronic form, may request
the agency to appear before the committee and testify, answer
questions asked by members of the committee, and produce
information in the possession of the agency as requested by the
committee, concerning the expected effect of the proposed rule,
if adopted, upon individuals, small businesses, or small
organizations. Upon receipt of a request from the
chairperson of
the appropriate standing committee of the senate or house of
representatives under division (B)(3)(b) of this section, the
agency shall designate an officer or employee of the agency to
appear before the committee, and shall otherwise comply with the
request, in the manner directed by the request.
(4) The agency shall not proceed to file the proposed rule
in final form until it has considered any comments timely
submitted to it under division (B)(3)(a) of this section, has
identified the issues raised by the comments, has assessed the
proposed rule in light of the issues raised by the comments, and
has made such revisions in the proposed rule as it considers
advisable in light of its assessment.
An agency is not required to put any revised version of a
proposed rule through the procedure of divisions (B)(1) to (4) of
this section.
(C) Any original version of a proposed rule, rule summary
and fiscal analysis, or written comment filed or submitted under
division (B) of this section shall be preserved by the agency
with which it is filed or to which it is submitted, and is a
public record open to public inspection.
(D) Each agency shall prepare a plan that provides for the
periodic review, at least once every five years, of each rule of
the agency that is not otherwise subject to review under section 119.032
of the Revised Code and that affects individuals, small businesses, or small
organizations. The purpose of each periodic review shall be to
determine whether the rule that is being reviewed should be
continued without change or amended or rescinded, consistent with
the purpose, scope, and intent of the applicable statute
authorizing adoption of the rule, so as to minimize the economic
impact of the rule upon individuals, small businesses, or small
organizations. Accordingly, in making each periodic review of a
rule, the agency shall consider the continued need for the rule,
the nature of any written complaints or comments that the agency
has received with regard to the rule, the extent to which the
rule duplicates, overlaps, or conflicts with other currently
effective rules, and the degree to which technology, economic
conditions, and other relevant factors have changed in the area
affected by the rule.
Each agency shall annually report to the governor and
general assembly, with regard to each of its rules that have been
reviewed under this division during the preceding calendar year,
the title and administrative code rule number of the rule, a
brief summary of the content and operation of the rule, and a
brief summary of the results of the review. If the agency is
otherwise required to make an annual report to the governor and
general assembly, the agency shall report this information in an
appropriately designated section of its annual report, whether its annual
report is in print or electronic form or both. If,
however, the agency is not otherwise required to make an annual
report to the governor and general assembly, the agency, on or
before the first day of February, shall report this information
in a separate report, in both print and electronic form, to the
governor and general assembly. In
addition to the submissions required by section 101.68 of the
Revised Code, and in addition to any requirement of that section
to submit notice of the availability of a report instead of
copies of the report, the agency shall submit its
annual or separate report
in both print and electronic form, which provides the information
required by this division, to the chairpersons of the
standing
committees of the senate and house of representatives having
jurisdiction over individuals, small businesses, and small
organizations.
Each agency having rules in effect on January 1, 1985,
that affect individuals, small businesses, or small
organizations shall divide those rules into groups, so that at
least one-fifth of those rules are reviewed during each year of a
five-year period commencing on January 1, 1985. A rule that is newly
adopted after
January 1, 1985, shall be reviewed
five years after its effective
date. When a rule has once been reviewed, it shall thereafter be
reviewed again at five-year intervals.
(E) Each agency shall designate an individual or office
within the agency to be responsible for complying with this
division. Each individual or office that has been so designated
shall, within ten days after receiving a request therefor from
any person:
(1) Provide the person with copies of any rule proposed by
the agency that would affect individuals, small businesses, or
small organizations;
(2) Provide the person with copies of the rule summary and
fiscal analysis of any rule proposed by the agency that would
affect individuals, small businesses, or small organizations; or
(3) Find, collate, and make available to the person any
information in the possession of the agency regarding a rule
proposed by the agency, which information would be of interest to
individuals, small businesses, or small organizations.
The agency shall inform the office of small business in
writing of the name, address, and telephone number of each
individual or office designated under this division. The agency
shall promptly inform the office of small business in writing of
any change in the information thus provided.
(F) Division (B) of this section does not apply to any
emergency rule adopted under division (B)(2) of section 111.15 or
division (F) of section 119.03 of the Revised Code, except that
the emergency rule becomes subject to such division when it is
adopted pursuant to the procedure of section 111.15 or 119.03 of
the Revised Code for the adoption of rules not of an emergency
nature.
(G) The department of taxation shall provide a copy of the
full text of any rule proposed by the department that may affect
any business in both print and electronic form to the office of small
business, and the department
shall designate an office within the agency responsible for
providing a copy of any such rule within ten days of receiving a
request from any person.
Sec. 121.39. (A) As used in this section, "environmental
protection" means any of the following:
(1) Protection of human health or safety, biological
resources, or natural resources by preventing, reducing, or
remediating the pollution or degradation of air, land, or water
resources or by preventing or limiting the exposure of humans,
animals, or plants to pollution;
(2) Appropriation or regulation of
privately owned property to preserve air, land,
or water
resources in a natural state or to wholly or partially
restore them to a natural state;
(3) Regulation of the collection, management, treatment,
reduction, storage, or disposal of solid, hazardous,
radioactive, or other wastes;
(4) Plans or programs to promote or regulate the
conservation, recycling, or reuse of energy, materials,
or
wastes.
(B) Except as otherwise provided in division (E) of this section, when
proposed legislation dealing with environmental
protection or containing a component dealing with environmental protection is
referred to a committee of the general assembly, other than a committee on
rules or reference, the sponsor of the legislation, at the time of the
first hearing of the legislation before the committee, shall submit to
the members of the committee a written statement identifying
either the documentation that is the basis of the legislation or
the federal requirement or requirements with which the
legislation is intended to comply. If the legislation is not
based on documentation or has not been introduced to comply with
a federal requirement or requirements, the written statement
from the sponsor shall so indicate.
Also at the time of the first hearing of the
legislation before the committee, a statewide organization that
represents businesses in this state and that elects its board of
directors may submit to the members of the committee a written
estimate of the costs to the regulated
community in this state of complying with the legislation if it
is enacted.
At any hearing of the legislation before the committee, a representative of
any state agency, environmental advocacy organization, or consumer advocacy
organization or any private citizen may present documentation containing an
estimate of the monetary and other costs to public health and safety and the
environment and to consumers and residential utility customers, and the
effects on property values, if the legislation is not enacted.
(C) Until such time as the statement required under division
(B) of this section is submitted to the committee to which proposed
legislation dealing
with environmental protection or containing a component dealing
with environmental protection was referred, the legislation
shall not be reported by that committee. This requirement does not apply if
the component dealing with environmental protection is removed from
the legislation or if two-thirds of the members of the committee
vote in favor of a motion to report the proposed legislation.
(D) Except as otherwise
provided in division (E) of this section, prior to
adopting a rule or an amendment proposed to a rule dealing with environmental
protection or containing a component dealing with
environmental protection, a state agency shall do all of the following:
(1) Consult with organizations that represent political
subdivisions, environmental interests, business interests, and
other persons affected by the proposed rule or amendment;
(2) Consider documentation relevant to the need
for, the environmental benefits or consequences of, other benefits of,
and the technological feasibility of the proposed rule or amendment;
(3) Specifically identify whether the proposed rule or
amendment is being adopted or amended to enable the state to
obtain or maintain approval to administer and enforce a federal
environmental law or to participate in a federal environmental
program, whether the proposed rule or amendment is more
stringent than its federal counterpart, and, if the proposed
rule or amendment is more stringent, the rationale for not
incorporating its federal counterpart;
(4) Include with the proposed rule or amendment and the rule summary and
fiscal
analysis required under sections 121.24 and 127.18 of the Revised Code, when
they are filed with the joint committee on agency rule review in accordance
with division (D) of section 111.15 or
division (H) of section
119.03 of the Revised Code, one of the following
in both print and electronic form, as
applicable:
(a) The information identified under division (D)(3) of this section and, if
the proposed rule or amendment is more stringent
than its federal counterpart, as identified in that division,
the documentation considered under division
(D)(2) of this section;
(b) If an amendment proposed to a rule
is being adopted or amended under a state statute that
establishes standards with which the amendment shall comply, and
the proposed amendment is more stringent than the rule that it
is proposing to amend, the documentation considered under
division (D)(2) of this section;
(c) If division (D)(4)(a) or (b) of this section is
not applicable, the documentation considered under division
(D)(2) of this section.
If the agency subsequently files a revision of such a proposed rule or
amendment in accordance with division (D) of
section 111.15 or division (H) of section
119.03 of the Revised Code, the revision shall
be accompanied
in both print and electronic form
by the applicable information or documentation.
Division (D) of this section does not apply to any
emergency rule adopted under division (B)(2) of section
111.15 or division (F) of section 119.03 of the Revised Code, but does apply
to any
such rule that subsequently is adopted as a nonemergency rule under either of
those divisions.
The information or documentation submitted under division (D)(4)
of this section may be in the form of a summary or
index of available knowledge or information and shall consist of
or be based upon the best available generally accepted knowledge or
information in the appropriate fields, as determined by the agency that
prepared the documentation.
(E) The statement required under division (B) and the
information or documentation required under division
(D) of this section need not be prepared
or submitted with regard to a proposed statute or rule, or an
amendment to a rule, if the statute, rule, or
amendment is procedural or budgetary in nature, or governs the organization
or operation of a state agency, and will not affect the substantive rights or
obligations of any person other than a state agency or an employee or
contractor of a state agency.
(F) The insufficiency, incompleteness, or inadequacy of a statement,
information,
documentation, or a summary of information or documentation
provided in accordance with division (B) or
(D) of this section shall not be grounds for invalidation of any statute,
rule, or amendment to a rule.
(G) This section applies only to the following:
(1) Legislation and components of legislation dealing
with environmental protection that are introduced in the general
assembly after March
5, 1996;
(2) Rules and rule amendments dealing with
environmental protection that are filed with the joint committee
on agency rule review in accordance with division (D) of section
111.15 or division (H) of section 119.03 of
the Revised Code after March 5, 1996.
Sec. 127.18. (A) As used in this section:
(1) "Rule-making agency" has the same meaning as in
division (I) of section 119.01 of the Revised Code.
(2) "Rule" includes the adoption, amendment, or rescission
of a rule.
(3) "Proposed rule" means the original version of a
proposed rule, and each revised version of the same proposed
rule, that is filed with the joint committee on agency rule
review under division (D) of section 111.15 or division (H) of
section 119.03 of the Revised Code.
(B) A rule-making agency shall prepare, in the form
prescribed by the joint committee on agency rule review under
division (E) of this section, a complete and accurate rule
summary and fiscal analysis of each proposed rule that it files
under division (D) of section 111.15 or division (H) of section
119.03 of the Revised Code. The rule summary and fiscal analysis
shall include all of the following information:
(1) The name, address, and telephone number of the
rule-making agency, and the name and telephone number of an
individual or office within the agency designated by that agency
to be responsible for coordinating and making available
information in the possession of the agency regarding the
proposed rule;
(2) The Ohio administrative code rule number of the
proposed rule;
(3) A brief summary of, and the legal basis for, the
proposed rule, including citations identifying the statute that
prescribes the procedure in accordance with which the rule-making
agency is required to adopt the proposed rule, the statute that
authorizes the agency to adopt the proposed rule, and the statute
that the agency intends to amplify or implement by adopting the
proposed rule;
(4) An estimate, in dollars, of the amount by which the
proposed rule would increase or decrease revenues or expenditures
during the current biennium;
(5) A citation identifying the appropriation that
authorizes each expenditure that would be necessitated by the
proposed rule;
(6) A summary of the estimated cost of compliance with the
rule to all directly affected persons;
(7) The reasons why the rule is being proposed;
(8) If the rule has a fiscal effect on school districts, counties, townships,
or municipal corporations, an estimate in dollars of the cost of compliance
with the rule, or, if dollar amounts cannot be determined, a written
explanation of why it was not possible to ascertain dollar amounts;
(9) If the rule has a fiscal effect on school districts, counties, townships,
or municipal corporations and is the result of a federal requirement, a clear
explanation that the proposed state rule does not exceed the scope and intent
of the requirement, or, if the state rule does exceed the minimum necessary
federal requirement, a justification of the excess cost, and an estimate of
the costs, including those costs for local governments, exceeding the federal
requirement;
(10) If the rule has a fiscal effect on school districts, counties,
townships, or municipal corporations, a comprehensive cost estimate that
includes the procedure and method of calculating the costs of compliance and
identifies major cost categories including personnel costs, new equipment or
other capital costs, operating costs, and indirect central service costs
related to the rule. The fiscal analysis shall also include a written
explanation of the agency's and the affected local government's ability to pay
for the new requirements and a statement of any impact the rule will have on
economic development.
(11) Any other information the joint committee on agency
rule review considers necessary to make the proposed rule or the
fiscal effect of the proposed rule fully understandable.
(C) The rule-making agency shall file the
rule summary and fiscal analysis
in both print and electronic form
along with the proposed
rule that it files under divisions (D) and (E) of section 111.15
or divisions (B) and (H) of section 119.03 of the Revised Code.
The joint committee on agency rule review shall not accept any
proposed rule for filing unless a copy of the rule summary and
fiscal analysis of the proposed rule, completely and accurately
prepared, is filed along with the proposed rule.
(D) The joint committee on agency rule review shall review
the fiscal effect of each proposed rule that is filed under
division (D) of section 111.15 or division (H) of section 119.03
of the Revised Code.
(E) The joint committee on agency rule review shall
prescribe the form in which each rule-making agency shall prepare
its rule summary and fiscal analysis of a proposed rule.
(F) This section does not require the auditor of state or
the auditor of state's designee to prepare or attach a rule
summary and fiscal
analysis to any copy of a rule proposed under section 117.12,
117.19, 117.38, or 117.43 of the Revised Code.
Sec. 4141.14. (A) All rules of the administrator of the
bureau of employment services adopted pursuant to this chapter shall be
approved by the unemployment compensation review
commission before the rules become
effective. All such rules shall specify on their face their
effective date and the date on which they will expire, if known.
Approval by the unemployment compensation review
commission shall also be required before amendments to, or rescission of, any
rules of the administrator adopted pursuant to this chapter become effective.
If the commission disapproves a rule of the administrator, it shall determine
and promulgate a rule that it considers appropriate after affording a hearing
to the administrator.
(B)(1) Any rule promulgated pursuant to this section shall
be effective on the tenth day after the day on which the rule in
final form and in compliance with division (B)(2) of this section
is filed as follows:
(a) The rule shall be filed
in both print and electronic form
with
both the secretary of state and the director of the legislative
service commission;
(b) The rule shall be filed
in both print and electronic form
with
the joint committee on agency rule review. Division (B)(1)(b) of
this section does not apply to any rule to which division (H) of
section 119.03 of the Revised Code does not apply.
If all filings are not completed on the same day, the rule shall
be effective on the tenth day after the day on which the latest
filing is completed. If the bureau of employment services or the
unemployment compensation review commission in adopting a
rule pursuant to this chapter designates an
effective date that is later than the effective date provided for
by this division, the rule if filed as required by this division
shall become effective on the later date designated by the bureau
or commission.
If the commission or bureau adopts or amends a rule that
is subject to division (H) of section 119.03 of the
Revised Code, the commission or bureau shall assign a review date to the
rule that is not later than five years after its effective date. If no review
date is assigned to a rule, or if a review date assigned to a rule exceeds
the five-year maximum, the review date for the rule is five years after its
effective date. A rule with a review date is subject to review
under section 119.032 of the Revised Code.
(2) The bureau and commission shall file the rule in compliance
with the following standards and procedures:
(a) The rule shall be numbered in accordance with the
numbering system devised by the director for the Ohio
administrative code.
(b) The rule shall be prepared and submitted in compliance
with the rules of the legislative service commission.
(c) The rule shall clearly state the date on which it is
to be effective and the date on which it will expire, if known.
(d) Each rule that amends or rescinds another rule shall
clearly refer to the rule that is amended or rescinded. Each
amendment shall fully restate the rule as amended.
If the director of the legislative service commission or
the director's designee gives the bureau of employment services or
the unemployment compensation review commission notice
pursuant to section 103.05 of the Revised Code that a rule filed by the
bureau or review commission is not in compliance with the
rules of the legislative service commission, the bureau or
review commission shall within thirty days after receipt of the notice
conform the rule to the rules of the commission as directed in the notice.
The secretary of state and the director shall preserve the
rules filed under division (B)(1)(a) of this section in an
accessible manner. Each such rule shall be a public record open
to public inspection and may be transmitted to any law publishing
company that wishes to reproduce it.
(C) As used in this section:
(1) "Rule" includes an amendment or rescission of a rule.
(2) "Substantive revision" has the same meaning as in
division (J) of section 119.01 of the Revised Code.
Sec. 5117.02. (A) The tax commissioner shall adopt rules,
or amendments and rescissions of rules, for the administration of
sections 5117.01 to 5117.12 of the Revised Code.
(B) As a means of efficiently administering the program
established by sections 5117.01 to 5117.12 of the Revised Code,
the tax commissioner may extend, by as much as a total of thirty
days, any date specified in such sections for the performance of
a particular action by an individual or an officer.
(C)(1) Except as provided in division (C)(2) of this
section, the tax commissioner shall, in accordance with divisions
(A), (B), (C), (D), (E), and (H) of section 119.03 and section
119.04 of the Revised Code, adopt whatever rules, or amendments
or rescissions of rules are required by or are otherwise
necessary to implement sections 5117.01 to 5117.12 of the Revised
Code. A rule, amendment, or rescission adopted under this
division is not exempt from the hearing requirements of section
119.03 of the Revised Code pursuant to division (G) of that
section, or subject to section 111.15 or 5703.14 of the Revised
Code.
(2) If an emergency necessitates the immediate adoption of
a rule, or the immediate adoption of an amendment or rescission
of a rule that is required by or otherwise necessary to implement
sections 5117.01 to 5117.12 of the Revised Code, the tax
commissioner may immediately adopt the emergency rule, amendment,
or rescission without complying with division (A), (B), (C), (D),
(E), or (H) of section 119.03 of the Revised Code so long as the
commissioner states the reasons for the necessity in the emergency rule,
amendment, or rescission. The emergency rule, amendment, or
rescission is effective on the day the emergency rule,
amendment, or rescission, in final form and in compliance with
division (A)(2) of section 119.04 of the Revised Code, is filed
in both print and electronic form
with the secretary
of state, the director of the legislative service commission,
and the joint committee on agency rule
review. If all filings are not completed on the same day, the
emergency rule, amendment, or rescission is effective on the day
on which the latest filing is completed. An emergency rule,
amendment, or rescission adopted under this division is not
subject to section 111.15, division (F) of section 119.03, or
section 5703.14 of the Revised Code. An emergency rule,
amendment, or rescission adopted under this division continues in
effect until amended or rescinded by the tax commissioner in
accordance with division (C)(1) or (2) of this section, except
that the rescission of an emergency rescission does not revive
the rule rescinded.
(D) Except where otherwise provided, each form,
application, notice, and the like used in fulfilling the
requirements of sections 5117.01 to 5117.12 of the Revised Code
shall be approved by the tax commissioner.
Sec. 5703.14. (A) Any rule adopted by the board of tax
appeals and any rule of the department of taxation adopted by the
tax commissioner shall be effective on the tenth day after the
day on which the rule in final form and in compliance with
division (B) of this section is filed by the board or the
commissioner as follows:
(1) The rule shall be filed
in both print and electronic form
with
both the secretary of state and the director of the legislative
service commission;
(2) The rule shall be filed
in both print and electronic form
with
the joint committee on agency rule review. Division (A)(2) of
this section does not apply to any rule to which division (H) of
section 119.03 of the Revised Code does not apply.
If all filings are not completed on the same day, the rule shall
be effective on the tenth day after the day on which the latest
filing is completed. If the board or the commissioner in adopting a
rule designates an effective date that is later than the
effective date provided for by this division, the rule if filed
as required by this division shall become effective on the later
date designated by the board or commissioner.
(B) The board and commissioner shall file the rule in
compliance with the following standards and procedures:
(1) The rule shall be numbered in accordance with the
numbering system devised by the director for the Ohio
administrative code.
(2) The rule shall be prepared and submitted in compliance
with the rules of the legislative service commission.
(3) The rule shall clearly state the date on which it is
to be effective and the date on which it will expire, if known.
(4) Each rule that amends or rescinds another rule shall
clearly refer to the rule that is amended or rescinded. Each
amendment shall fully restate the rule as amended.
If the director of the legislative service commission or
the director's designee gives the board or commissioner
notice pursuant to section 103.05 of the Revised Code that a rule
filed by the board or commissioner is not in compliance with the rules of the
legislative service commission, the board or commissioner
shall within thirty days after receipt of the notice conform the
rule to the rules of the legislative service commission as
directed in the notice.
All rules of the department and board filed pursuant to
division (A)(1) of this section shall be recorded by the
secretary of state and the director under the name of the
department or board and shall be numbered in accordance with the
numbering system devised by the director. The secretary of state
and the director shall preserve the rules in an accessible
manner. Each such rule shall be a public record open to public
inspection and may be transmitted to any law publishing company that
wishes to reproduce it. Each such rule shall also be made
available to interested parties upon request directed to the
department.
(C) Applications for review of any rule adopted and
promulgated by the commissioner may be filed with the board by
any person who has been or may be injured by the operation of the
rule. The appeal may be taken at any time after the rule is
filed with the secretary of the state, the director of the
legislative service commission, and, if applicable, the joint
committee on agency rule review. Failure to file an appeal does
not preclude any person from seeking any other remedy against the
application of the rule to the person. The applications
shall set forth, or have attached thereto and incorporated by reference, a
true copy of the rule, and shall allege that the rule complained
of is unreasonable and shall state the grounds upon which the
allegation is based. Upon the filing of the application, the
board shall notify the commissioner of the filing of the
application, fix a time for hearing the application, notify the
commissioner and the applicant of the time for the hearing, and
afford both an opportunity to be heard. The appellant, the tax
commissioner, and any other interested persons that the board
permits, may introduce evidence. The burden of proof to show
that the rule is unreasonable shall be upon the appellant. After
the hearing, the board shall determine whether the rule
complained of is reasonable or unreasonable. A determination
that the rule complained of is unreasonable shall require a
majority vote of the three members of the board, and the reasons
for the determination shall be entered on the journal of the
board.
Upon determining that the rule complained of is
unreasonable, the board shall file copies of its determination as
follows:
(1) The determination shall be
filed
in both print and electronic form
with both the secretary of state and the director of the
legislative service commission, who shall note the date of their
receipt of the certified copies conspicuously in their files of
the rules of the department;
(2) The determination shall be
filed
in both print and electronic form
with the joint committee on agency rule review. Division
(C)(2) of this section does not apply to any rule to which
division (H) of section 119.03 of the Revised Code does not
apply.
On the tenth day after the determination has
been received by the secretary of state, the director, and, if
applicable, the joint committee, the rule referred to in the
determination shall cease to be in effect. If all filings of the
determination are not completed on the same day, the rule shall
remain in effect until the tenth day after the day on which the
latest filing is completed. This section does not apply to licenses
issued under sections 5735.02, 5739.17, and 5743.15 of the
Revised Code, which shall be governed by sections 119.01 to
119.13 of the Revised Code.
The board is not required to hear an application for the
review of any rule where the grounds of the allegation that the
rule is unreasonable have been previously contained in an
application for review and have been previously heard and passed
upon by the board.
(D) This section does not apply to the adoption of any
rule, or to the amendment or rescission of any rule by the tax
commissioner under division (C)(1) or (2) of section 5117.02 of
the Revised Code.
(E) As used in this section, "substantive revision" has
the same meaning as in division (J) of section 119.01 of the
Revised Code.
Section 7. That existing sections 103.05, 111.15, 117.20, 119.03, 119.031,
119.032, 119.0311, 119.04, 121.24, 121.39, 127.18, 4141.14, 5117.02, and
5703.14 of the Revised Code are hereby repealed.
Section 8. Sections 6 and 7 of this act take effect April 1, 2002.
Section 9. Sections 103.051, 103.052, 103.053, 103.054, 119.038, and
119.039 of the Revised Code take effect October 1, 1999. Beginning
October 1, 1999, the Director of the Legislative Service Commission
shall proceed to set up the Register of Ohio for publication.
The director shall first publish the Register of Ohio on July
3, 2000.
Section 10. The amendments to divisions (A) and (B) of
section 119.03 of the Revised Code within the purview of Sections 1 and 2 of
this act, except for the amendments to
division (A)(4) of section 119.03 of the Revised Code within the purview of
Sections 1 and 2 of this act, take
effect July 1, 2000. The requirement that public notices,
original and revised versions of proposed rules, and rule
summary and fiscal analyses be published in the Register of Ohio
apply both (A) to filings of these documents that occur on or
after July 1, 2000, in the course of rule-making proceedings
that are pending on that date and (B) to filings of these
documents in rule-making proceedings that are commenced on or
after July 1, 2000.
Section 11. On and after July 1, 2000, until April 1,
2001, an agency's giving public notice of its intention to
consider adopting, amending, or rescinding a rule in the
Register of Ohio under division (A) of section 119.03 of the
Revised Code is not sufficient by itself to give public notice
of the agency's intention. Therefore, on and after July 1,
2000, until April 1, 2001, an agency, in addition to giving
public notice in the Register of Ohio, shall continue to give
public notice of its intention to consider adopting, amending,
or rescinding a rule in the same manner as it gave public notice
under division (A) of section 119.03 of the Revised Code as the
division existed before July 1, 2000. On and after April 1,
2001, an agency's giving public notice in the Register of Ohio
is sufficient by itself to give public notice.
Section 12. Section 119.037 of the Revised Code takes effect
April 1, 2001.
Section 13. Sections 9 to 12 of this act are intended
gradually to phase in the Register of Ohio as a single source of
public information about rule-making proceedings.
Section 14. The amendment to division (D) of section 111.15 of the Revised
Code within the purview of Sections 1 and 2 of this act takes effect at the
earliest time permitted by law and first applies to
rule-making proceedings that are commenced on and after that date. The
amendment
does not affect a rule-making proceeding that is pending on its effective
date;
the proceeding is to be carried through to completion under division (D) of
section 111.15 of the Revised Code as the division existed at the time the
proceeding was commenced.
Section 15. The amendments to divisions (A)(4) and (C)
of section 119.03 of the Revised Code within the purview of Sections 1 and 2
of this act take effect at the
earliest time permitted by law and first apply to rule-making
proceedings that are commenced on or after that effective date.
The amendments do not affect a rule-making proceeding that is
pending on their effective date; the proceeding is to be carried
through to completion under divisions (A)(4) and (C) of
section 119.03 of the Revised Code as the divisions existed at
the time the proceeding was commenced.
Section 16. The amendments
to division (I) of section 119.03 of the Revised
Code within the purview of Sections 1 and 2 of this act take effect at the
earliest time permitted by law and first apply to
rule-making proceedings that are subject to division (D) of section 111.15 or
division (H) of section 119.03 of the Revised Code and that are commenced on
or
after that effective date. The amendments do not affect a rule-making
proceeding
that is subject to division (D) of section 111.15 or division (H) of section
119.03 of the Revised Code and that is pending on their effective date; the
proceeding is to be carried through to completion under division (D) of
section
111.15 or division (H) of section 119.03 of the Revised Code, and under
division
(I) of section 119.03 of the Revised Code, as the divisions existed at the
time
the proceeding was commenced.
Section 17. Except as otherwise provided in this section, section 119.032 of
the Revised Code, as amended within the
purview of Sections 1 and 2 of this act, takes effect
at the earliest time
permitted by law. The amendment to the fifth sentence of, and the
new sentence added to the end of, division (E)(2) of section
119.032 of the Revised Code as amended within the purview of
Sections 1 and 2 of this act take effect
July 1, 2000.
Section 18. The Director of the Legislative Service Commission shall
implement the electronic rule-filing system required by section 103.0511 of
the
Revised Code according to the following schedule:
Begin initial set up of electronic rule-filing system | October 1, 1999
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Complete initial set up of electronic rule-filing system | March 31, 2001
|
Begin testing electronic rule-filing system as initially set up | April 1, 2001
|
Complete testing electronic rule-filing system as initially set up | September 30, 2001
|
Begin final set up of electronic rule-filing system | October 1, 2001
|
Complete final set up of electronic rule-filing system | March 31, 2002
|
Inaugurate exclusive use of electronic rule-filing system | April 1, 2002 |
In implementing the electronic rule-filing
system, time is of the essence. The director shall complete an implementation
period earlier than the date prescribed in the schedule if earlier completion
is feasible under the circumstances. The director may extend a deadline for a
reasonable time if circumstances make it infeasible for a deadline to be met
without sacrificing the quality or reliability of the system. In either
instance, the director as reasonably necessary may adjust subsequent deadlines
prescribed in the schedule. In no event, however, is electronic filing of
rules and of rule-making and rule-related documents to be required earlier
than
April 1, 2001. And nor is the electronic rule filing system to be
inaugurated earlier or later than April 1, 2002.
Section 19. During the initial set up period of the electronic rule-filing
system:
(A) The Director of the Legislative Service Commission shall identify the
requirements of the electronic rule-filing system, prepare a complete list of
participants in the system, prepare a comprehensive plan for the system, and
take action as necessary to implement the plan.
(B) Each other participant in the electronic rule-filing system shall take
action as necessary to connect into the system.
During implementation of the
plan, the director may conduct field trials of the electronic rule-filing
system using other participants in the system the director selects. An other
participant who is selected to participate in a field trial shall cooperate
with the director both in the field trial and in its evaluation.
Section 20. During the testing period of the electronic rule-filing system:
(A) The Governor and each agency shall file rules and rule-making and
rule-related documents, and the Director of the Legislative Service
Commission,
Joint Committee on Agency Rule Review, Secretary of State, Clerk of the
Senate, Clerk of the House of Representatives,
Office of Small Business, General Assembly, committees of the Senate and House
of Representatives, and other participants in the system shall respond to
rules
and rule-making and rule-related filings, in both paper and electronic form as
contemplated by sections 103.05, 111.15, 117.20, 119.03, 119.031, 119.032,
119.0311, 119.04, 121.24, 121.39, 127.18, 4141.14, 5117.02, and 5703.14 of the
Revised Code as they result from Sections 3 and 4 of this act.
(B) The director and each other participant in the electronic rule-filing
system shall test the system, identify deficiencies in its operation, develop
plans for correcting the deficiencies, and take action as necessary to
implement the corrective plans.
Section 21. During the final set up period of the electronic rule-filing
system:
(A) The Governor and each agency shall continue to file rules and rule-making
and rule-related documents, and the Director of the Legislative Service
Commission, Joint Committee on Agency Rule Review, Secretary of State, Clerk
of
the Senate, Clerk of the House of Representatives, Office of Small Business,
General Assembly, committees of the
Senate and House of Representatives, and other participants in the system
shall
continue to respond to these filings, in both paper and electronic form, as
during the testing period.
(B) The director and each other participant in the electronic rule-filing
system shall complete taking corrective action as necessary to ensure reliable
operation of the system upon its inauguration as a means of filing rules and
rule-making and rule-related documents exclusively in electronic form.
Section 22. If during the testing or final set up periods of the electronic
rule-filing system there is an expected or unexpected shut down of the whole
or part of the system, such as for correction of a deficiency or because of
hardware or software failure, the Director of the Legislative Service
Commission may temporarily authorize an agency that is required to file rules
and other rule-making and related documents in both print and electronic form
nevertheless to file rules and other rule-making and rule-related documents in
only print form.
Section 23. On and after inauguration of the electronic rule-filing system,
the Governor and each agency shall file rules and rule-making and rule-related
documents, and the Director of the Legislative Service Commission, Joint
Committee on Agency Rule Review, Secretary of State, Clerk of the Senate,
Clerk of the House of Representatives, Office of Small Business, General
Assembly, committees of the Senate and House
of Representatives, and other participants in the system shall respond to
these
filings, exclusively in electronic form as contemplated by sections 103.05,
111.15, 117.20, 119.03, 119.031, 119.032, 119.0311, 119.04, 121.24, 121.39,
127.18, 4141.14, 5117.02, and 5703.14 of the Revised Code as they result from
Sections 6 and 7 of this act.
Section 24. Notwithstanding any other provision of law, if a rule-making or
rule-related document not contemplated by section 103.05, 111.15, 117.20,
119.03, 119.031, 119.032, 119.0311, 119.04, 121.24, 121.39, 127.18, 4141.14,
5117.02, or 5703.14 of the Revised Code is required to be filed along with a
rule, the document is to be filed and responded to as follows:
(A) During the period beginning April 1, 2001, and ending March 31,
2002, in both print and electronic form.
(B) On and after April 1, 2002, exclusively in electronic form.
If multiple copies of a document contemplated by this section are required to
be filed, the multiple-copy requirement ceases to apply on and after April
1,
2001. If the effectiveness of a filing is timed with reference to the latest
filing, the filing takes effect upon the latest filing to be completed in both
print and electronic form between April 1, 2001, and March 31, 2002, and
upon the latest filing to be completed in electronic form on and after April
1, 2002.
The Director of the Legislative Service Commission shall keep a record of any
document filed under this section and shall recommend legislation to bring its
filing requirements into conformity with the Electronic Rule-Filing Act.
Section 25. Section 154 of Am. Sub. H.B. 215 of the 122nd General
Assembly
is hereby repealed.
Section 26. The $150 per diem compensation authorized by section 101.35 of
the Revised Code as amended by Am. Sub. H.B. 215 of the 122nd General Assembly
is
available only to a member of the Joint Committee on Agency Rule Review whose
term in the General Assembly began on or after the effective date of Section
154
of that act.
Section 27. (A) Sections 103.051 to 103.054 and 119.037,
119.038, and 119.039 of the Revised Code are to be known as the
"Register of Ohio Act."
(B)
Sections 103.0511 and 103.0512 of the Revised
Code are to be known as the "Electronic Rule-Filing Act."
(C)
Section 119.0311 of the Revised Code is to be known as the
"Guide to Public Participation in Rule-Making Act."
Section 28. Section 121.24 of the Revised Code is presented in Section 3 of
this act
as a composite of the section as amended by both
Sub. H.B. 473 and Am. Sub. H.B. 538 of the 121st General Assembly, with the
new language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to April 1, 2001.
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