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H. B. No. 311 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Representatives McGregor, Balderson
Cosponsors:
Representatives Zehringer, Gardner, Hall, Mecklenborg, Snitchler, Wagner, Hite, Combs, Wachtmann, Morgan, Adams, R., Oelslager, Huffman, Boose, Lehner, Hottinger, Amstutz, Blair, Beck
A BILL
To amend sections 101.35, 103.0511, 111.15, 117.20,
119.03, 121.39, 122.08, 122.081, and 122.94,
to
enact sections 121.25 and
121.251 to
121.257,
and to repeal
sections 119.031 and 121.24 of the
Revised Code to require a
rule-making agency to
prepare cost-benefit
and regulatory flexibility
reports for
rules that may have any
adverse
impact on
small
businesses and submit
them to
the new Ohio
Small
Business Ombudsperson in
the
Office of
Small
Business, to create the
Small
Business
Regulatory
Review Board to review
objections to
those rules
and make
recommendations to the
Joint
Committee
on
Agency
Rule Review regarding
the
rules, and to
require
the Ombudsperson
annually
to submit a
rule
impact
report to the
Governor
and General
Assembly.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 101.35, 103.0511, 111.15, 117.20,
119.03,
121.39, 122.08, 122.081, and 122.94 be
amended
and
sections 121.25, 121.251, 121.252, 121.253,
121.254, 121.255,
121.256, and 121.257 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
member's house
of
the general 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. 103.0511. 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, the small business
regulatory review board, and the
office of
small business Ohio
small business ombudsperson;
(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 Ohio small
business ombudsperson, 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,
121.254, 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. 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.
The joint committee shall promptly file a notice in
electronic form with the Ohio small business ombudsperson of the
filing under this division of a proposed rule, or of a proposed
rule in revised form, that previously was filed with the
ombudsperson under section 121.254 of the Revised Code.
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,
1163.22,
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 and quality-of-care standards 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. 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 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 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
is 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.
The joint committee shall promptly file a notice in
electronic form with the Ohio small business ombudsperson of the
filing under this division of a proposed rule, amendment, or
rescission, or of a proposed rule, amendment, or rescission in
revised form, that previously was filed with the ombudsperson
under section 121.254 of the Revised Code.
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;
(e) 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; or
(f) That the rule-making agency
has failed to comply with
section 121.252, 121.253, or 121.254 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. 121.25. As used in this section and in sections
121.251,
121.252, 121.253, 121.254, 121.255, 121.256, and 121.257
of the
Revised
Code:
(A) "Rule" means the intended enactment of a new rule or the
intended amendment or rescission of an existing rule.
(B) "Rule-making agency" has the same meaning as in division
(I) of section 119.01 of the Revised Code.
(C) "Small business" means an independently owned and
operated business entity, including its affiliates, having fewer
than five hundred employees.
Sec. 121.251. If a rule-making agency intends to adopt a rule
on or after January 1, 2010,
that, if adopted, may have any
adverse impact on small businesses,
the
rule-making agency shall
comply with sections 121.252 to
121.256 of the Revised Code
before
filing
the rule under
division (D) of section 111.15 or
divisions (B) and
(H) of section 119.03
of the Revised Code. The
duty defined in this paragraph first applies with regard to the
original version of a rule and then with regard to each revised
version of the rule.
Sections 121.252 to 121.256 of the Revised
Code do not apply
to an emergency rule adopted under division
(B)(2) of section
111.15 or division (F) of section 119.03 of the
Revised Code. But
sections 121.252 to 121.256 of the Revised Code
apply to a
nonemergency
rule that is intended to be filed under division
(B)(1) of section 111.15 or divisions (B) and (H) of
section
119.03
of the Revised Code to replace an emergency rule that
expires
under division (B)(2) of section 111.15 or division (F)
of section
119.03 of the Revised Code.
Sec. 121.252. The rule-making agency shall prepare a full
text of the rule and shall do both of the following:
(A) Conduct a cost-benefit analysis, weighing the following
factors, to determine whether the
cost of the rule to small
businesses outweighs the
benefit of
the rule:
(1) An identification and estimate of the number of small
businesses that may be subject to the rule;
(2) The projected reporting, recordkeeping, and other
administrative costs required for compliance with the rule,
including the type of technical or professional skills
necessary
for preparation of any report or record required by the
rule;
(3) A statement of the probable effect of the rule
on the
impacted small businesses identified under division (A)(1)
of
this section;
(4) A description of any less intrusive or less costly
alternative methods of achieving the purpose of the rule;
and
(5) Any other information the rule-making agency considers
necessary to fully explain its cost-benefit analysis regarding the
rule.
(B) Conduct a regulatory flexibility analysis of how each of
the
following methods
might reduce any adverse impact the rule
may
have on
small businesses:
(1) The establishment of less stringent compliance or
reporting requirements for small businesses;
(2) The establishment of less stringent schedules or
deadlines for compliance or reporting requirements for small
businesses;
(3) The consolidation or simplification of compliance or
reporting requirements for small businesses;
(4) The establishment of performance standards for small
businesses to replace design or operational standards required in
the rule; and
(5) The exemption of small businesses from any or all of the
rule's requirements.
Sec. 121.253. (A) The rule-making agency shall incorporate
into the rule features the cost-benefit analysis indicates will
reduce the cost and increase the benefit of the rule to small
businesses, and features the regulatory flexibility analysis
indicates will reduce any adverse impact the rule may have on
small businesses. In both cases, the rule-making agency shall
incorporate features into the rule only if they are feasible and
not if doing so would be contrary to the statutory objectives that
are the basis for the rule.
(B) The rule-making agency shall prepare two reports as
follows:
(1) A cost-benefit report that describes the results of the
cost-benefit analysis, that describes any features incorporated
into the rule as a result of the cost-benefit analysis, and that
explains how those features reduce the cost and increase the
benefit of the rule to small businesses.
(2) A regulatory flexibility report that describes the
results of the regulatory flexibility analysis, that describes any
features incorporated into the rule as a result of the regulatory
flexibility analysis, and that explains how those features reduce
any adverse impact the rule may have on small businesses.
The rule-making agency shall include any supporting
documentation for either analysis in an appendix to its report of
the analysis unless the documentation is otherwise incorporated
into the report.
Sec. 121.254. The rule-making agency shall
file all of
the
following in electronic form with the Ohio
small
business
ombudsperson:
(A) The full text of the rule;
(B) The cost-benefit report; and
(C) The regulatory flexibility report.
Sec. 121.255. (A) Within seven days after receipt of a filing
under section 121.254 of the Revised Code, the
Ohio small
business ombudsperson
shall
cause all of the
following to be
published in the register of Ohio for a period of thirty days:
(1) The full text of the rule filed under that section;
(2) The cost-benefit report;
(3) The regulatory flexibility report; and
(4) A notice informing persons that, during the thirty-day
period, they may comment to the
ombudsperson concerning any
adverse impact the rule
may have on small businesses. The notice
shall explain
how
persons
may communicate comments to the
ombudsperson.
(B) During the period beginning on the day notice of the
right to comment is first published in the register of Ohio and
ending thirty days thereafter, any person may comment to the
ombudsperson concerning any
adverse impact the rule may have on
small
businesses. The ombudsperson shall establish and maintain,
or
participate in, a web site having features that enable persons
to
comment electronically. And the ombudsperson shall establish a
toll-free telephone number persons may call to make comments. The
telephone answering point shall be equipped to record comments
that are called in.
(C)(1) Not later than three days after the day the comment
period closes, the
ombudsperson shall collate and review comments
that are
received
with regard to a rule, and shall
compile them
in
a report that
describes in detail the substance
of the
comments
and, in
particular, any objections to the rule.
(2) The ombudsperson shall forthwith cause the report to be
published in
the register
of
Ohio and shall file the report in
electronic
form with the
rule-making agency that filed the rule
and with the
small
business regulatory review board. At the same
time, the
ombudsperson
shall file in electronic form with the
board the
full text of the
rule, the cost-benefit report, and
the regulatory flexibility report.
(3) The ombudsperson may appear before the joint committee on
agency rule review and testify concerning a rule-making agency's
compliance with sections 121.252, 121.253, and 121.254 of the
Revised Code.
Sec. 121.256. (A)(1) Within thirty days after receiving a
report
from the Ohio small business ombudsperson, the small
business
regulatory review board may hold a meeting at which it
shall
review the report, the rule that is the subject of
the
report, the cost-benefit report,
and the regulatory flexibility
report,
and
shall determine whether the rule-making agency that
filed the
rule
has complied with sections 121.252, 121.253, and
121.254 of the
Revised
Code.
(2) The board may conduct a public hearing on the
rule, at
which any person having an interest in the rule
may appear and
offer comments on, or objections to, the rule insofar as it may
have any adverse impact on
small businesses. The
board shall
cause notice of such a public
hearing to be published in the
register
of Ohio at
least seven days before the
date
set for
the hearing.
In the
notice, the board shall state
the date
and
time when, and
the
place where, the public hearing
will be
held.
(B)(1) If the board finds that a rule-making agency, in
regard to a rule, has failed to comply with section 121.252,
121.253, or 121.254 of
the Revised Code, the board shall issue in
writing a
determination
of noncompliance that states the
determination and
explains why
the rule fails to comply with
those
sections. The
board may include in the determination of
noncompliance suggested
changes in the rule that will
bring the
rule into compliance with
sections
121.252 and 121.253 of
the
Revised Code.
(2) If the board finds that a rule-making agency, in regard
to a rule, complied with sections 121.252, 121.253, and 121.254 of
the
Revised Code, the board shall issue in writing a
determination of
compliance that states such determination.
(C)(1) The board shall file its determination in electronic
form
with the
rule-making agency and shall cause its
determination to be published
in the register of Ohio.
(2) If the rule-making agency proceeds to file the rule under
division (B)(1) of section 111.15 or divisions (B) and (H) of
section 119.03 of the Revised Code, the rule-making agency shall
file with
the joint committee on agency rule
review the board's
determination, the
full text of the rule, the ombudsperson's
report, the cost-benefit
report,
and the regulatory flexibility
report.
(D) If the board, within thirty days after receiving the
ombudsperson's report, does not
issue a determination to the
rule-making agency, the board, in
electronic form, shall return
to the rule-making agency the full
text of the rule, the
cost-benefit report, and the regulatory flexibility report. The
board shall note on the rule that it has not issued a
determination with regard to the rule. The rule-making agency then
may proceed to file the rule under division (B)(1) of section
111.15 or divisions (B) and (H) of section 119.03 of the Revised
Code, but only if the rule that is so filed is substantially
similar to the rule that was filed with the ombudsperson.
Sec. 121.257. There is hereby created the small business
regulatory review board, consisting of
five members appointed by
the governor, two members appointed by
the president
of the
senate, and two members appointed by the
speaker of the house of
representatives. Each member shall
represent small business.
The terms of office of all members of the board
shall be for
three years, beginning on the first day of January
and ending at
the close of business on the thirty-first day of
December. A
vacancy on the board shall be filled in the same manner as the
initial appointment. Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which the
member's predecessor was appointed shall hold office for the
remainder of the term.
The governor shall designate the chairperson of the board
from among the members appointed by the governor. The chairperson
shall appoint a secretary from among the board's members.
Five members of the board constitute a quorum, and the
affirmative vote of five members is necessary for any action taken
by the board.
Members of the board shall serve without compensation, but
shall be reimbursed for their necessary and actual expenses
incurred in the performance of their board duties.
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
section
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 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 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. 122.08. (A) There is hereby created within the
department of development an office to be known as the office of
small business. The office shall be under the supervision of a
manager appointed by the director of development. The manager
shall be known as the Ohio small business ombudsperson.
(B) The office and ombudsperson shall do all of the
following:
(1) Act as liaison between the small business community
and
state governmental agencies;
(2) Furnish information and technical assistance to
persons
and small businesses concerning the establishment and
maintenance
of a small business, and concerning state laws and
rules relevant
to the operation of a small business. In
conjunction with these
duties, the office shall keep a record of
all state agency rules
affecting individuals, small businesses,
or small organizations,
as defined in section 121.24 121.25 of the
Revised Code, and the
ombudsperson may
testify before the joint committee on
agency
rule review
concerning any proposed rule affecting
individuals,
small
businesses, or small organizations.
(3) Prepare and publish the small business register under
section 122.081 of the Revised Code;
(4) Receive complaints from small businesses concerning
governmental activity, compile and analyze those complaints, and
periodically make recommendations to the governor and the general
assembly on changes in state laws or agency rules needed to
eliminate burdensome and unproductive governmental regulation to
improve the economic climate within which small businesses
operate;
(5) Receive complaints or questions from small businesses
and
direct those businesses to the appropriate governmental
agency.
If, within a reasonable period of time, a complaint is
not
satisfactorily resolved or a question is not satisfactorily
answered, the office shall, on behalf of the small business, make
every effort to secure a satisfactory result. For this purpose,
the office may consult with any state governmental agency and may
make any suggestion or request that seems appropriate.
(6) Utilize, to the maximum extent possible, the printed
and
electronic media to disseminate information of current
concern and
interest to the small business community and to make
known to
small businesses the services available through the
office. The
office shall publish such books, pamphlets, and
other printed
materials, and shall participate in such trade
association
meetings, conventions, fairs, and other meetings
involving the
small business community, as the manager ombudsperson considers
appropriate.
(7) Prepare for inclusion in the department of
development's
annual report to the governor and general assembly,
a description
of the activities of the office and a report of the
number of
rules affecting individuals, small businesses, and
small
organizations that were filed with the office ombudsperson under
division
(B)(2) of section 121.24 121.254 of the Revised Code,
during the
preceding calendar year;
(8) Operate the Ohio first-stop business connection to assist
individuals in identifying and preparing applications for business
licenses,
permits, and certificates and to serve as the central
public distributor for
all forms, applications, and other
information related to business licensing.
Each state agency,
board, and commission shall cooperate in providing
assistance,
information, and materials to enable the connection to perform its
duties under this division.
(9) Comply with section 121.255 of the Revised Code;
(10) Maintain and publicize a toll-free telephone number Ohio
small businesses may call to reach the ombudsperson, who shall
assist those small businesses in complying with state regulatory
requirements;
(11) Interface with other agencies to facilitate the
resolution of small business regulatory issues;
(12) Provide all necessary staff and support for the small
business regulatory review board;
(13) Interface with small businesses in an effort to create
and retain jobs in this state;
(14) Conduct an annual regulatory compliance audit to
determine which, if any, rules pertaining to small businesses
require duplicative reporting or
recordkeeping of the same or
substantially similar information for
multiple regulatory
entities;
(15) Conduct an annual assessment that identifies which rules
have any adverse impact on small businesses; and
(16) Prepare an annual report and submit it to the governor
and the general assembly on or before the first day of January
each year.
The report shall contain the results of the audit
conducted
under division (B)(14) of this section, and shall make
recommendations on how to minimize any adverse impact of
rules
identified under division (B)(15) of this section.
(C) The office may shall, upon the request of
a state agency,
assist the agency with the preparation of any
rule that will
affect individuals, small businesses, or small
organizations. The
office shall train rule-making agency personnel on methods to
be
used under sections 121.252 and 121.253 of the Revised Code to
conduct a
cost-benefit analysis and prepare a cost-benefit
report, and to
conduct a regulatory flexibility analysis and
prepare a regulatory flexibility report.
(D) The director of development shall assign
employees and
furnish equipment and supplies to the office
as the director
considers necessary for the proper
performance of the duties
assigned to the office.
Sec. 122.081. (A) The office of small business in the
department of development shall prepare and publish a "small
business register" or contract with any person as provided in
this
section to prepare and publish the register. The small
business
register shall contain the following information
regarding each
proposed rule filed with the office of small
business Ohio small
business ombudsperson under
division (B)(2) of section 121.24
121.254 of the Revised
Code:
(1) The proposed title and administrative code rule number of
the
proposed rule;
(2) A brief summary of the proposed rule;
(3) The date on which the proposed rule was filed with the
office of small business under division (B)(2) of section 121.24
of the Revised Code ombudsperson; and
(4) The name, address, and telephone number of the
individual
or office within the agency that proposed filed the rule who
has
been
designated as being responsible for complying with
division
(E) of
section 121.24 of the Revised Code with regard to
the
proposed
rule.
(B) The small business register shall be published on a
weekly basis. The information required under division (A) of
this
section shall be published in the register no later than two
weeks
after the proposed rule to which the information relates is
filed
with the office of small business ombudsperson under division
(B)(2) of
section
121.24 121.254 of the Revised Code. The office
of small business
shall furnish the small business register, on a
single copy or
subscription basis, to any person who requests it
and pays a
single copy price or subscription rate fixed by the
office. The
office shall furnish the chairmen of the standing
committees of
the senate and house of representatives having
jurisdiction over
individuals, small businesses, and small
organizations with free
subscriptions to the small business
register.
(C) Upon the request of the office of small business, the
director of administrative services shall, in accordance with the
competitive selection procedure of Chapter 125. of the Revised
Code, let a contract for the compilation, printing, and
distribution of the small business register.
(D) The office of small business shall adopt, and may
amend
or rescind, in accordance with Chapter 119. of the Revised
Code,
such rules as are necessary to enable it to properly carry
out
this section.
Sec. 122.94. The director of the department of development
shall:
(A) Promulgate rules in accordance with Chapter 119. of
the
Revised Code for the conduct of the minority business
development
division's business and for carrying out the purposes
of sections
122.92 to 122.94 of the Revised Code;
(B) Prepare an annual report to the governor and the
general
assembly on or before the first day of February of its
activities
for the preceding calendar year. In addition to the
submissions
required by section 101.68 of the Revised Code, the
director shall
submit copies of the annual report to the chairmen of the standing
committees of the senate and house of
representatives having
jurisdiction over individuals, small
businesses, and small
organizations, as those terms are defined
in section 121.24 of the
Revised Code.
Section 2. That existing sections 101.35, 103.0511, 111.15,
117.20,
119.03, 121.39, 122.08, 122.081, and 122.94 of
the
Revised Code are hereby repealed.
Section 3. That sections 119.031 and 121.24 of the Revised
Code are hereby
repealed, effective January 1, 2010.
Section 4. The several appointing authorities shall make
initial appointments to
the Small Business Regulatory Review
Board for terms commencing on January
1, 2010.
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