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Sub. S. B. No. 265As Passed by the SenateAs Passed by the Senate
124th General Assembly | Regular Session | 2001-2002 |
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SENATORS Hottinger, Amstutz, Spada, Finan, Harris
A BILL
To amend sections 111.15, 119.03, 119.032, 127.18, and 3375.01
and to
enact sections 121.71 to 121.76 of the
Revised Code
to regulate incorporations by
reference in
administrative rules and to permit
emergency rules to be readopted as such during the
legislative review carry-over period.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 111.15, 119.03, 119.032, 127.18, and 3375.01
be
amended and sections 121.71, 121.72, 121.73, 121.74, 121.75,
and
121.76 of
the
Revised Code be enacted to read as follows:
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 electronic form with
both the
secretary of state and the director of the legislative
service
commission; (b) The rule shall be filed in 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.
If a rule incorporates a text or other material by reference,
the agency shall comply with sections 121.71 to 121.76 of the
Revised Code. (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 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 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 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 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,
1349.33, 1707.201, 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 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 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
electronic form along with 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 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 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.
If the proposed rule, amendment, or rescission incorporates a
text or other material by reference, the agency shall comply with
sections 121.71 to 121.76 of the Revised Code. 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 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 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 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 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, except when division (I)(2)(a) of this section prevents
the agency from adopting the emergency rule, amendment, or
rescission as a nonemergency rule, amendment, or rescission within
the 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
job and family services for the administration or
enforcement of
Chapter 4141. of the Revised Code or of the
department of taxation
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 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
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 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, or that the
proposed rule, amendment, or rescission incorporates a text or
other material by
reference and either the
rule-making agency has
failed to file
the
text or other material incorporated by
reference as required by section 121.73 of
the Revised Code
or, in
the case of a proposed rule or amendment, the incorporation by
reference fails to meet
the
standards stated
in section 121.72,
121.75, or 121.76 of the
Revised
Code. 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 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 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 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 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
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. 119.032. (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, or whether the rule incorporates
a text or other material by reference and, if so, whether the text
or other material incorporated by
reference is deposited or
displayed as required by section 121.74
of the Revised Code and
whether the incorporation by reference
meets the standards stated
in sections 121.72, 121.75, and 121.76
of the
Revised Code; (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 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
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, or if the rule incorporates a text
or other material by reference, the agency failed to file, or to
deposit or display,
the text or other material incorporated by
reference as required by section 121.73
or 121.74 of the Revised
Code or the incorporation by reference
fails to meet the
standards
stated in section 121.72, 121.75, or
121.76 of
the Revised Code. (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. 121.71. As used in sections 121.71 to 121.76 of the
Revised Code: (A) "Agency" means an "agency" as defined in section 111.15
or 119.01 of the Revised Code. (B) "Rule" means a new rule or an amendment to an existing
rule. "Rule" includes an appendix or an attachment to a rule.
Sec. 121.72. An agency incorporates a text or other material
into a rule by
reference when it states in the rule that a text or
other material not contained in
the rule is to be treated as if it
were contained in the rule. The
agency shall explain in the rule
how persons who reasonably can be
expected to be affected by the
rule can obtain copies of the text
or other material that has been
incorporated by reference. As part of the
explanation, the agency
shall state whether the incorporated text
or other material is or
is to be deposited in depository libraries or is or is to be
displayed on a web site. If the text or other material
incorporated
by reference
was, is, or
reasonably can be expected
to be subject
to change,
the agency, as
part of the explanation,
shall identify, and
specify the date of,
the
particular edition or
other version of
the text or other material that is
incorporated
by reference.
Sec. 121.73.
As used in this section, "rule" has the same
meaning as in
section 121.71 of the Revised Code and also includes
the
rescission of an existing rule. (A) When an agency files the original or a revised version
of a rule in proposed
form under division (D) of section 111.15 or
division (H)
of
section 119.03, or a rule
for
review under section
119.032 of the
Revised Code, that
incorporates
a text or other
material by reference, the agency
also shall file in electronic
form, one
complete and
accurate copy
of the text or other material
incorporated by reference
with the joint
committee on
agency rule
review. An agency is not,
however,
required to file a
text or
other material incorporated by reference with
the
joint committee
if the
agency revises a rule in proposed form that
incorporates a
text or other material by
reference and the incorporation by
reference in the revised
version of the rule is identical to the
incorporation by reference
in the preceding version of the rule. If it is
infeasible for the agency to file a text
or other
material incorporated by
reference electronically, the agency, as
soon as
possible, but not
later than three days after completing
the
electronic filing,
shall deliver one complete and accurate
copy of
the text
or other material incorporated by reference to
the joint committee,
and
shall attach a memorandum to the text or
other material identifying the filing
to
which it relates. An agency is not required to file a text or other material
incorporated by reference into a rule that is proposed for
rescission if it is infeasible for the agency to do so.
An agency shall not file a copy of a text or other material
incorporated by
reference with the secretary of state or with the
director of the
legislative service commission. (B) Upon completing its review
of a rule in proposed form,
or its review of a rule, that
incorporates a text or other
material by
reference,
the joint committee shall
forward its copy
of the text
or other material incorporated by reference to the
director of the legislative
service commission. The director shall
maintain a file of texts
and other materials that are
or were
incorporated by reference into rules.
Sec. 121.74. As used in this section, "rule" has the same
meaning as in section 121.71 of the Revised Code and also includes
the rescission of an existing rule. When an agency files a rule in final form 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 that incorporates or incorporated a
text or other material by
reference,
the agency, prior to the
effective date of the rule,
shall
either: (A) Deposit one complete and accurate copy of the text
or
other material incorporated by reference in each of the five depository
libraries
designated by the state library board; or (B) Display a complete and accurate copy of the text
or other
material incorporated by reference on a web site maintained or
made
available by the agency. An agency is not required to comply with this section if the
text or other material incorporated by reference is identical to a
text or other material the agency,
at the time compliance with
this section otherwise would be
required, already is depositing or
displaying under this section.
Sec. 121.75. Sections 121.71 to 121.74 of
the
Revised Code do
not apply with regard to the incorporation by
reference into a
rule of any
of the following so long as the incorporation by
reference consists of a citation that will be
intelligible to the
persons who reasonably can be expected to be
affected by the rule
and that, if the incorporated text or other material was, is, or
reasonably can be expected to be subject to change, identifies,
and
specifies the date of, the particular edition or other version
that is incorporated: (A) A section of the United States
Code; (B) An uncodified federal statute, if it has been
appended as a legislative note to a section in the United States
Code; (C) An act of this state in the Laws of Ohio or a federal
act in the Statutes at Large; (D) A regulation in the
Federal Register or Code of Federal Regulations; or (E) A text or other material, including, without limitation, generally accepted industry standards, that is generally available to persons
who reasonably can
be
expected to be affected by the rule.
Sec. 121.76. (A) Sections 121.71 to
121.75 of the Revised Code do not apply to the incorporation by
reference of:
(1) A section of the Revised Code;
(2) An uncodified statute of this state; or
(3) A rule in the Administrative Code. (B) Sections 121.71 to 121.75 of the Revised Code do
not apply to either: (1) An internal management rule as defined in section 111.15
of the Revised Code; or (2) A rule insofar as it is necessary to obtain or maintain
authorization of a federally delegated program in Ohio, or insofar as it is
necessary to maintain compliance with federal requirements in
order to receive federal funds for a federally funded program, and, in
regard to that authorization or compliance, incorporates a text or other
material by reference. It is recommended that a rule exempt from complying with
sections 121.71 to 121.75 of the Revised Code under division (B)(2)
of this section nevertheless incorporate by reference a particular
edition or other version of the text or other material.
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
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)
If the rule incorporates a text or other material by
reference, and the agency claims the incorporation by reference is
exempt from compliance with sections 121.71 to 121.74 of the
Revised Code because the text or other material is generally
available to persons who reasonably can be expected to be affected
by the rule, an explanation of how the text or other material is
generally available to those persons;
(12) If the rule incorporates a text or other material by
reference, and it was infeasible for the agency to file the text
or other material electronically, an explanation of why filing the
text or other material electronically was infeasible; (13) If the rule is being rescinded and incorporates a text
or other material by reference, and it was infeasible for the
agency to file the text or other material, an explanation of why
filing the text or other material was infeasible; (14) 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 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. 3375.01. A state library board is hereby created to
be
composed of five members to be appointed by the state board of
education. One member shall be appointed each year for a term of
five years. No one is eligible to membership on the state
library
board who is or has been for a year previous to
his
appointment a
member of the state board of education. A member
of the state
library board shall not during
his
the member's
term of office be
a member of the board of library trustees for any library in any
subdivision in the state. Before entering on
the
official
duties
of his
appointment, each member shall subscribe to the official
oath of
office. All vacancies on the state library board shall be
filled
by the state board of education by appointment for the
unexpired
term. The members shall receive no compensation, but
shall be
paid their actual and necessary expenses incurred in the
performance of their duties or in the conduct of authorized board
business, within or without the state. At its regular meeting next prior to the beginning of each
fiscal biennium the state library board shall elect a president
and vice-president each of whom shall serve for two years or
until
his
a successor is elected and qualified. The state library board is responsible for the state
library
of Ohio and a statewide program of development and
coordination of
library services, and its powers include the
following: (A) Maintain the state library, holding custody of books,
periodicals, pamphlets, films, recordings, papers, and other
materials and equipment. The board may purchase or procure from
an insurance company licensed to do business in this state
policies of insurance insuring the members of the board and the
officers, employees, and agents of the state library against
liability on account of damage or injury to persons or property
resulting from any act or omission of the board members,
officers,
employees, and agents of the state library in their
official
capacity. (B) Accept, receive, administer, and expend, in accordance
with the terms thereof, any moneys, materials, or other aid
granted, appropriated, or made available to it for library
purposes, by the United States, or any of its agencies, or by any
other source, public or private; (C) Administer such funds as the general assembly may make
available to it for the improvement of public library services,
interlibrary cooperation, or for other library purposes; (D) Contract with other agencies, organizations,
libraries,
library schools, boards of education, universities,
public and
private, within or without the state, for library
services,
facilities, research, or any allied or related purpose; (E) In accordance with Chapter 119. of the Revised Code,
approve, disapprove, or modify resolutions for establishment of
county district libraries, and approve, disapprove, or modify
resolutions to determine the boundaries of such districts, along
county lines or otherwise, and approve, disapprove, or modify
resolutions to redefine boundaries, along county lines or
otherwise, where questions subsequently arise as a result of
school district consolidations; (F) Upon consolidation of two or more school districts and
in accordance with Chapter 119. of the Revised Code, to define
and
adjust the boundaries of the new public library district
resulting
from such consolidation and to resolve any disputes or
questions
pertaining to the boundaries, organization, and
operation of the
new library district; (G) Upon application of one or more boards of library
trustees and in accordance with Chapter 119. of the Revised Code,
to amend, define, and adjust the boundaries of the library
districts making such application and the boundaries of adjacent
library districts. A library district boundary change made by
the
state library board pursuant to this division shall take
effect
sixty days after the day on which two certified copies of
the
boundary change order in final form are filed on the same
date
with the secretary of state and with the director of the
legislative service commission unless a referendum petition is
filed pursuant to section 3375.03 of the Revised Code. (H) Certify its actions relating to boundaries authorized
in
this section, to boards of election, taxing authorities, the
boards of trustees of libraries affected and other appropriate
bodies; (I) Encourage and assist the efforts of libraries and
local
governments to develop mutual and cooperative solutions to
library
service problems; (J)
Designate by rule five depository libraries so as to provide statewide, geographically distributed
accessibility to agency deposits of texts or other materials that
have been incorporated by reference into rules; (K) Recommend to the governor and to the general assembly
such changes in the law as will strengthen and improve library
services and operations; (K)(L) In accordance with Chapter 119. of the Revised Code,
adopt such rules as are necessary for the carrying out of any
function imposed on it by law, and provide such rules as are
necessary for its government and the government of its employees.
The board may delegate to the state librarian the management and
administration of any function imposed on it by law.
Section 2. That existing sections 111.15, 119.03, 119.032, 127.18,
and
3375.01 of the Revised Code are hereby repealed.
Section 3. (A)(1) Except as otherwise provided in division
(A)(2) of this section, sections 111.15, 119.03, and 119.032, as
amended by this
act, and sections 121.71, 121.72, 121.73, 121.74,
121.75, and
121.76 of the
Revised Code first apply one month after
the
effective date of
this act. The State Library Board shall use
the
emergency
rule-making procedure of division (F) of section
119.03
of the
Revised Code to designate depository libraries under
division (J)
of section 3375.01 of the Revised Code in
anticipation of section
121.74 of the Revised Code becoming first
applicable. (2) The amendment by this act to division (F) of section
119.03 of the Revised Code first applies on the effective date of
this act. (B) As used in Sections 4, 5, 6, and 7 of this act, "date of
first applicability" means the date of first applicability
specified in division (A)(1) of this section.
Section 4. As used in this section, "rule" means a new rule
or the amendment of an existing rule. (A) If, on the date of first applicability, an agency has a
proposed rule
that incorporates a text or other material by
reference pending in a rule-making
proceeding, the agency is not
required to revise the proposed rule
solely to bring the
incorporation by reference into compliance
with the standards
stated in sections 121.72, 121.75, and 121.76
of the
Revised Code.
But if the agency on or after the date of
first
applicability
otherwise revises the proposed rule, the
agency
shall ensure the
incorporation by reference meets the
standards
stated in sections
121.72, 121.75, and 121.76 of the
Revised Code, and
shall file,
and eventually deposit or display,
the text
or other material
incorporated by reference as required by sections 121.73
and
121.74 of the Revised Code.
(B) An agency may adopt and file in final form a proposed
rule that, on
the date of first applicability, incorporates a text
or other material by reference, is pending in a rule-making
proceeding, and is not on or after the date of first applicability
otherwise revised. The agency is
not required to have filed, or
to deposit or
display, the text or other material incorporated by
reference as required by section
121.73 or 121.74 of the Revised
Code, and
the incorporation by reference is
not required to meet
the
standards stated in sections 121.72,
121.75, and 121.76 of the
Revised
Code. So long as all other
applicable rule-making
procedures have been complied with, the rule
as
adopted and filed
in final form is ratified. Sections 121.71 to
121.76 of the
Revised Code first apply
with regard to the
incorporation by
reference when the rule is
next amended or next
reviewed under
section 119.032 of the Revised
Code.
Section 5. As used in this section, "rule" means a new rule
or the amendment of an existing rule. A rule that incorporates a text or other material by
reference and
that is effective, or that has been adopted and
filed in final form, on or
before the
date of first applicability,
is
ratified. The adopting agency is not required to
amend the rule
solely to bring the incorporation by reference into
compliance
with the standards stated in sections 121.72, 121.75,
and 121.76
of the
Revised Code and is not required to deposit or
display the
text
or other material incorporated by reference as required by
section
121.74 of the
Revised Code. But when the rule is next
otherwise
amended, or next
otherwise reviewed under section
119.032 of the
Revised Code, the
agency shall ensure that the
incorporation by
reference meets the
standards stated in sections
121.72, 121.75,
and 121.76 of the Revised
Code, and that the text
or other material incorporated by
reference is filed, and
eventually deposited or displayed, as
required by sections 121.73
and 121.74 of the Revised Code.
Section 6. As used in this section, except where context
refers to a pre-existing rule, "rule" means the rescission of an
existing rule. (A)(1)(a) If, on the date of first applicability, an agency
has a proposed rescission of a rule that incorporates a text or
other material by reference pending in a rule-making proceeding,
the agency is not required to file the incorporated text or other
material as required by section 121.73 of the Revised Code. But
if the agency on or after the date of first applicability
otherwise revises the proposed rescission, the agency shall file,
and eventually deposit or display, the incorporated text or other
material as required by sections 121.73 and 121.74 of the Revised
Code. (b) An agency may adopt and file in final form a proposed
rescission of a rule that on the date of first applicability
incorporates a text or other material by reference, is pending in
a rule-making proceeding, and is not on or after the date of first
applicability otherwise revised. The agency is not required to
have filed, or to deposit or display, the text or other material
incorporated by reference as required by section 121.73 or 121.74
of the Revised Code. So long as all other applicable rule-making
procedures have been complied with, rescission of the rule is
ratified. (2) A rescission of a rule that incorporates a text or other
material by reference that has been adopted and filed in final
form on or before the date of first applicability is ratified.
The
adopting agency is not required to have filed, or to deposit
or
display, the incorporated text or other material as required by
section 121.73 or 121.74 of the Revised Code. (3) If an agency rescinds a rule subject to division (B) of
Section 4 or to Section 5 of
this act that is not amended or
reviewed after the date of first
applicability as contemplated by
those sections, the agency shall
file the incorporated text or
other material as required by
section 121.73 of the Revised Code
and shall deposit or display
the incorporated text or other
material as required by section
121.74 of the Revised Code. (B) A rescinded rule as contemplated by division (A)(1)(b),
(2), or (3) of this section that, while previously effective,
incorporated a text or other material by reference without
conforming in essence to what sections 121.71 to 121.76 of the
Revised Code provide, is ratified insofar as the incorporation by
reference might raise a question of the rule's validity as applied
to facts occurring while the rule was effective.
Section 7. As used in this section, "rule" means a
pre-existing rule that has been rescinded, or a provision,
formerly part of an existing rule, that has been removed from the
existing rule by amendment. A previously effective rule or version of a rule,
not
effective on the date of first applicability, that, while
previously effective,
incorporated a text or other material by
reference without conforming in essence to
what sections 121.71 to
121.76 of the Revised Code in future would
provide, is ratified
insofar as the incorporation by reference
might raise a question
of the rule's or version's validity as
applied to facts occurring
while the rule or version previously
was effective. This section is cumulative to Section 59 of Am. Sub. H.B. 524
of the 124th General Assembly, and is a remedial law as that term
is used in
section 1.11 of the Revised Code.
Section 8. Section 111.15 of the Revised Code is
presented in
this act as a composite of the section as amended by
both Sub.
H.B. 386 and Am. Sub. S.B. 138 of
the 124th General
Assembly. The
General Assembly, applying the
principle stated in
division (B) of
section 1.52 of the Revised
Code that amendments
are to be
harmonized if reasonably capable of
simultaneous
operation, finds
that the composite is the resulting
version of
the section in
effect prior to the effective date of
the section
as presented in
this act.
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