The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
S. B. No. 3 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
| |
Cosponsors:
Senators Faber, Eklund, Gardner, Obhof, Widener, Uecker, Hite, Balderson, Beagle, Coley, Patton, Jones, Manning, Lehner, Seitz
A BILL
To amend sections 101.35, 103.0511, 107.52, 107.53,
107.54, 107.55, 107.62, 107.63, 111.15, 117.20,
119.01, 119.03, 119.032, 119.04, 121.74, 121.81,
121.83, 121.91, 127.18, 4141.14, and 5703.14, to
enact sections 103.055, 106.11, 107.631, 113.091,
119.033, and 119.034, and to repeal section
119.031 of the Revised Code to reform rule-making
and rule-review procedures and regulatory
processes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 101.35, 103.0511, 107.52, 107.53,
107.54, 107.55, 107.62, 107.63, 111.15, 117.20, 119.01, 119.03,
119.032, 119.04, 121.74, 121.81, 121.83, 121.91, 127.18, 4141.14,
and 5703.14 be amended and sections 103.055, 106.11, 107.631,
113.091, 119.033, and 119.034 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
existing 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
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. 103.055. The joint committee on agency rule review
shall establish, maintain, and improve a rule watch system. The
rule watch system shall be designed so that a person may register
electronically to receive an electronic mail alert when an agency
files a rule for review by the joint committee.
Failure of the rule watch system to transmit an electronic
mail alert to a person is not grounds for questioning the validity
of a rule or the validity of the process by which the rule was
adopted.
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, and the secretary of state;
(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 department of
aging, the governor, the common sense initiative office, the
secretary of state, the general assembly, or a committee of the
senate or house of representatives under section 107.54, 111.15,
117.20, 119.03, 119.031, 119.032, 119.033, 119.034, 119.0311,
119.04,
121.24, 121.39,
121.82, 127.18, 4141.14,
173.01, or
5117.02, or 5703.14 of the Revised Code or any other statute;
(D) The several publishers of the Administrative Code; and
(E) The common sense initiative office; and
(F) 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. 106.11. The offices of the governor, lieutenant
governor, auditor of state, secretary of state, treasurer of
state, and attorney general shall comply with the business review
provisions of sections 119.032 and 119.033 and 121.81 to 121.83 of
the Revised Code, but are not required to submit any document to
the common sense initiative office or to prepare any document that
would have been prepared in response to recommendations of the
common sense initiative office, but rather shall prepare all other
documents required under the business review provisions and submit
them directly to the joint committee on agency rule review along
with the proposed or existing rule. The offices of the governor,
lieutenant governor, auditor of state, secretary of state,
treasurer of state, and attorney general are subject, however, to
section 106.05 of the Revised Code.
Sec. 107.52. A draft or existing rule that affects businesses
has an adverse impact on businesses if a provision of the draft or
existing rule that applies to businesses has any of the following
effects:
(A) It requires a license, permit, or any other prior
authorization to engage in or operate a line of business;
(B) It imposes a criminal penalty, a civil penalty, or
another sanction, or creates a cause of action, for failure to
comply with its terms; or
(C) It requires specific expenditures or the report of
information as a condition of compliance.
Sec. 107.53. The common sense initiative office shall
develop, and as it becomes necessary or advisable shall improve, a
business impact analysis instrument that shall be used as required
by law to evaluate draft and existing rules that might have an
adverse impact on businesses. The instrument shall be in writing,
and shall include the following:
(A) Standards that encourage agencies to propose draft rules,
and to evaluate existing rules, and proposed revisions thereto, in
such a manner that the rules will be as easy to understand as
their subject matter permits;
(B) Performance measures that can be applied to evaluate the
likely efficiency and effectiveness of a draft or existing rule in
achieving its regulatory objectives;
(C) Standards for evaluating alternative means of regulation
that might reduce or eliminate the adverse impact a draft or
existing rule might have on businesses;
(D) Standards that will promote transparency, predictability,
consistency, and flexibility in the implementation and operation
of a draft or existing rule, as well as an overall balance in a
draft or existing rule between its regulatory objectives and the
costs of compliance it imposes on regulated persons;
(E) Standards that require an agency to encourage businesses
that might be adversely impacted by a draft rule to participate in
the rule-making process, beginning at the earliest practicable
stage, and that will encourage businesses that are or may be
adversely impacted by a draft an existing rule to offer advice and
assistance to the agency when the draft rule is adopted and
existing rule is being implemented and administered; and
(F) Any other standards or measures, or any other criteria,
the office concludes will reduce or eliminate adverse impacts on
businesses and foster improved regulation and economic development
in the state.
Alternative means of regulation include, and are not limited
to, less stringent compliance or reporting requirements, less
stringent schedules or deadlines, consolidation or simplification
of requirements, establishment of performance standards to replace
operational standards, and exemption of businesses.
The instrument does not need to be adopted as a rule. The
office shall publish the current instrument in the register of
Ohio.
Sec. 107.54. (A)(1) When the common sense initiative office
receives a draft rule and business impact analysis from an agency,
the office shall evaluate the draft rule and analysis against the
business impact analysis instrument and any other relevant
criteria, and may prepare and transmit recommendations to the
agency on how the draft rule might be revised to eliminate or
reduce any adverse impact the draft rule might have on businesses.
(2) When the office receives an existing rule and business
impact analysis from an agency under division (A)(2) of section
119.033 of the Revised Code, the office shall evaluate the
existing rule and analysis against the business impact analysis
instrument and any other relevant criteria, and may prepare and
transmit recommendations to the agency on how the existing rule
might be amended or rescinded to eliminate or reduce any adverse
impact the existing rule has on businesses.
(B) The office shall transmit any such recommendations
electronically to the agency. If the office fails to make such a
transmission after receiving the draft or existing rule and
business impact analysis, it is as if the office had elected not
to make any recommendations.
Sec. 107.55. The common sense initiative office, annually not
later than the first day of February, shall prepare a report of
the activities of the office during the preceding calendar year.
The report shall include:
(A) A statement of the number of draft and existing rules
reviewed during the calendar year;
(B) A description of the recommendations made to agencies
with regard to draft and existing rules;
(C) An assessment of the status of the recommendations made;
(D) An explanation of the performance measures developed to
evaluate the efficiency and effectiveness of the office;
(E) An evaluation of the work of the office judged against
the performance measures; and
(F) Any other information the office believes will explain
the work of the office.
The office shall transmit a copy of the report to the
governor, the lieutenant governor, the president and minority
leader of the senate, and the speaker and minority leader of the
house of representatives.
Sec. 107.62. The common sense initiative office shall
establish a system through which any person may comment
concerning:
(A) The adverse impact on businesses a draft rule might have;
(B) The adverse impact on businesses that a rule currently in
effect is having; or
(C) The adverse impact on businesses the implementation or
administration of a rule currently in effect is having.
The office shall prepare a plan for the comment system, and
shall revise or replace the plan to improve the comment system in
light of learning, experience, or technological development. The
office shall publish the current plan for the comment system in
the register of Ohio.
At a minimum, the plan for the comment system shall provide
for communication of comments as follows: The office shall accept
comments in writing that are delivered to the office personally,
by mail, or by express. The office shall establish a toll-free
telephone number that a person may call to offer comments. (The
telephone number shall be connected to a recording device at its
answering point.) The office shall create a web site that enables
a person to offer comments electronically. The web site also shall
provide notification to the public of any draft or existing rule
that may have an adverse impact on businesses, which notification
shall include copies of the draft or existing rule and the
business impact analysis of the draft rule.
The office shall forward written, telephoned, and
electronically transmitted comments to the state agency having
jurisdiction over the rule. The office has no other duty with
regard to the comments.
Sec. 107.63. As used in this section and in section 107.631
of the Revised Code, "small business" means an independently owned
and operated for-profit or nonprofit business entity, including
affiliates, that has fewer than five hundred full time employees
or gross annual sales of less than six million dollars, and has
operations located in the state.
The small business advisory council is established in the
office of the governor. The council shall advise the governor, the
lieutenant governor, and the common sense initiative office on the
adverse impact draft and existing rules might have on small
businesses. The council shall meet at least quarterly.
The council consists of nine members. The governor, or the
person to whom the governor has delegated responsibilities for the
common sense initiative office under section 107.61 of the Revised
Code, shall appoint five members, the president of the senate
shall appoint two members, and the speaker of the house of
representatives shall appoint two members. A member serves at the
pleasure of the member's appointing authority. The appointing
authorities shall consult with each other and appoint only
individuals who are representative of small businesses, and shall
do so in such a manner that the membership of the council is
composed of representatives of small businesses that are of
different sizes, engaged in different lines of business, and
located in different parts of the state.
Sec. 107.631. (A) The small business advisory council shall
establish and operate an entrepreneur in residence pilot program.
The mission of the entrepreneur in residence pilot program is to
provide for better outreach by state government to small
businesses, to strengthen coordination and interaction between
state government and small businesses, and to make state
government programs and functions simpler, easier to access, more
efficient, and more responsive to the needs of small businesses.
(B) Not later than the first day of the seventh month after
the effective date of this section, the council shall do both of
the following:
(1) Select not fewer than three nor more than five state
agencies that have programs or perform functions affecting small
businesses to participate in the entrepreneur in residence pilot
program; and
(2) Assign only one entrepreneur in residence to each state
agency that is participating in the entrepreneurs in residence
pilot program.
The council shall assign entrepreneurs in residence from
among individuals who are representative of small businesses, and
who are successful in their fields.
The assignment of an entrepreneur in residence is for one
year after the date on which the entrepreneur in residence is
assigned to a state agency.
The council shall monitor the work of entrepreneurs in
residence during the pilot program. A state agency shall cooperate
with the council to facilitate this monitoring.
(C) An entrepreneur in residence shall do all of the
following:
(1) Facilitate meetings or forums to educate small business
owners and operators about the programs or functions of the state
agency that affect small businesses;
(2) Facilitate in-service sessions with employees of the
state agency on issues of concern to small business owners and
operators;
(3) Advise the state agency on how its programs and functions
that affect small businesses might be improved to further the
mission of the entrepreneur in residence pilot program;
(4) Provide technical assistance or mentorships to small
businesses in accessing the programs or functions of the state
agency that affect small businesses; and
(5) Do any other things that further the mission of the
entrepreneur in residence pilot program.
(D) An entrepreneur in residence shall report directly to the
director or other head of the state agency.
An entrepreneur in residence is not entitled to compensation,
but is entitled to reimbursement from the state agency of the
actual and necessary expenses the entrepreneur in residence incurs
in discharge of the entrepreneur in residence's duties.
(E)(1) Not later than the date that is one year after an
entrepreneur in residence was assigned to a state agency, the
entrepreneur in residence shall prepare a report about the state
agency. In the report, the entrepreneur in residence shall make
recommendations to the state agency that furthers the mission of
the entrepreneur in residence program. In particular, the
entrepreneur in residence shall make recommendations to the state
agency regarding all of the following:
(a) Elimination of inefficient or duplicative programs or
functions of the state agency that affect small businesses;
(b) Methods of improving the efficiency of the programs or
functions of the state agency that affect small businesses;
(c) Any new program or function affecting small businesses
that should be established and implemented by the state agency;
and
(d) Any other matter that will further the mission of the
entrepreneur in residence pilot program.
The entrepreneur in residence shall provide a copy of the
report to the council and to the state agency.
(2) During or upon conclusion of the entrepreneur in
residence pilot program, the council may convene an informal
working group of entrepreneurs in residence to discuss best
practices, experiences, and opportunities for and obstacles to
operating small businesses as well as the recommendations in the
reports prepared by the entrepreneurs in residence.
(F) Upon conclusion of the entrepreneur in residence pilot
program, and after considering the reports of the entrepreneurs in
residence and information learned from any informal working group,
the council shall prepare a report on the entrepreneur in
residence pilot program. In the report, the council shall
recommend whether the entrepreneur in residence pilot program
should be repeated with or without modifications, made permanent
with or without modifications, or abandoned. The council shall
append the reports of the entrepreneurs in residence to its
report. If the pilot program is repeated or made permanent, an
individual who previously was assigned as an entrepreneur in
residence shall not be reassigned as an entrepreneur in residence.
The council shall provide a copy of its report to the common
sense initiative office. The office promptly shall transmit a copy
of the report to the officials designated in the last paragraph of
section 107.55 of the Revised Code.
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, or 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 that 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
one hundred twentieth 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 one-hundred-twenty-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 119.03 106.021 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 A state board, commission, department, division, or bureau shall
also file the rule summary and fiscal analysis prepared under
section 127.18 of the Revised Code in electronic form along with a
proposed rule, and along with a proposed rule in revised form,
that is filed under this division. If a proposed rule has an
adverse impact on businesses, the state board, commission,
department, division, or bureau also shall file the business
impact analysis, any recommendations received from the common
sense initiative office, and the associated memorandum of
response, if any, in electronic form along with the proposed rule,
or the proposed rule in revised form, that is filed under this
division.
A proposed rule that is subject to legislative review under
this division may not be adopted and filed in final form under
division (B)(1) of this section unless the proposed rule has been
filed with the joint committee on agency rule review under this
division and the time for the joint committee to review the
proposed rule has expired without recommendation of a concurrent
resolution to invalidate the proposed rule.
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 A state board, commission, department,
division, or bureau shall file the rule summary and fiscal
analysis prepared under section 127.18 of the Revised Code 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.
Sec. 113.091. Beginning in fiscal year 2016, if a state
agency imposes a fine or other sum of money as punishment for an
act or omission, and does so in its sole discretion, or solely by
implication from a constitutional or statutory grant of authority,
any money recovered from imposition of the fine or other sum of
money shall be deposited into the state treasury to the credit of
the general revenue fund. A state agency is not subject to this
requirement if it imposes a fine or other sum of money as
punishment for an act or omission pursuant to a constitutional or
statutory mandate or authorization that expressly contemplates
such an imposition.
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 or send by electronic 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 or send by electronic 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 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.
(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 or send by electronic 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. 119.01. As used in sections 119.01 to 119.13 of the
Revised Code:
(A)(1) "Agency" means, except as limited by this division,
any official, board, or commission having authority to promulgate
rules or make adjudications in the civil service commission, the
division of liquor control, the department of taxation, the
industrial commission, the bureau of workers' compensation, the
functions of any administrative or executive officer, department,
division, bureau, board, or commission of the government of the
state specifically made subject to sections 119.01 to 119.13 of
the Revised Code, and the licensing functions of any
administrative or executive officer, department, division, bureau,
board, or commission of the government of the state having the
authority or responsibility of issuing, suspending, revoking, or
canceling licenses.
Except as otherwise provided in division (I) of this section,
sections 119.01 to 119.13 of the Revised Code do not apply to the
public utilities commission. Sections 119.01 to 119.13 of the
Revised Code do not apply to the utility radiological safety
board; to the controlling board; to actions of the superintendent
of financial institutions and the superintendent of insurance in
the taking possession of, and rehabilitation or liquidation of,
the business and property of banks, savings and loan associations,
savings banks, credit unions, insurance companies, associations,
reciprocal fraternal benefit societies, and bond investment
companies; to any action taken by the division of securities under
section 1707.201 of the Revised Code; or to any action that may be
taken by the superintendent of financial institutions under
section 1113.03, 1121.06, 1121.10, 1125.09, 1125.12, 1125.18,
1157.09, 1157.12, 1157.18, 1165.09, 1165.12, 1165.18, 1349.33,
1733.35, 1733.361, 1733.37, or 1761.03 of the Revised Code.
Sections 119.01 to 119.13 of the Revised Code do not apply to
actions of the industrial commission or the bureau of workers'
compensation under sections 4123.01 to 4123.94 of the Revised Code
with respect to all matters of adjudication, or to the actions of
the industrial commission, bureau of workers' compensation board
of directors, and bureau of workers' compensation under division
(D) of section 4121.32, sections 4123.29, 4123.34, 4123.341,
4123.342, 4123.40, 4123.411, 4123.44, 4123.442, 4127.07, divisions
(B), (C), and (E) of section 4131.04, and divisions (B), (C), and
(E) of section 4131.14 of the Revised Code with respect to all
matters concerning the establishment of premium, contribution, and
assessment rates.
(2) "Agency" also means any official or work unit having
authority to promulgate rules or make adjudications in the
department of job and family services, but only with respect to
both of the following:
(a) The adoption, amendment, or rescission of rules that
section 5101.09 of the Revised Code requires be adopted in
accordance with this chapter;
(b) The issuance, suspension, revocation, or cancellation of
licenses.
(B) "License" means any license, permit, certificate,
commission, or charter issued by any agency. "License" does not
include any arrangement whereby a person, institution, or entity
furnishes medicaid services under a provider agreement with the
department of job and family services pursuant to Title XIX of the
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as
amended.
(C) "Rule" means any rule, regulation, or standard, having a
general and uniform operation, adopted, promulgated, and enforced
by any agency under the authority of the laws governing such
agency, and includes any appendix to a rule. "Rule" does not
include any internal management rule of an agency unless the
internal management rule affects private rights and does not
include any guideline adopted pursuant to section 3301.0714 of the
Revised Code.
(D) "Adjudication" means the determination by the highest or
ultimate authority of an agency of the rights, duties, privileges,
benefits, or legal relationships of a specified person, but does
not include the issuance of a license in response to an
application with respect to which no question is raised, nor other
acts of a ministerial nature.
(E) "Hearing" means a public hearing by any agency in
compliance with procedural safeguards afforded by sections 119.01
to 119.13 of the Revised Code.
(F) "Person" means a person, firm, corporation, association,
or partnership.
(G) "Party" means the person whose interests are the subject
of an adjudication by an agency.
(H) "Appeal" means the procedure by which a person, aggrieved
by a finding, decision, order, or adjudication of any agency,
invokes the jurisdiction of a court.
(I) "Rule-making agency" means any board, commission,
department, division, or bureau of the government of the state
that is required to file proposed rules, amendments, or
rescissions under division (D) of section 111.15 of the Revised
Code and any agency that is required to file proposed rules,
amendments, or rescissions under divisions (B) and (H) of section
119.03 of the Revised Code. "Rule-making agency" includes the
public utilities commission. "Rule-making agency" does not include
any state-supported college or university.
(J) "Substantive revision" means any addition to, elimination
from, or other change in a rule, an amendment of a rule, or a
rescission of a rule, whether of a substantive or procedural
nature, that changes any of the following:
(1) That which the rule, amendment, or rescission permits,
authorizes, regulates, requires, prohibits, penalizes, rewards, or
otherwise affects;
(2) The scope or application of the rule, amendment, or
rescission.
(K) "Internal management rule" means any rule, regulation, or
standard governing the day-to-day staff procedures and operations
within an agency.
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 127.18 of the Revised Code 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.
The agency shall consider the positions, arguments, or
contentions presented at, or before or after, the hearing. The
agency shall prepare a hearing summary of the positions,
arguments, or contentions, and of the issues raised by the
positions, arguments, or contentions. The agency then shall
prepare a hearing report explaining, with regard to each issue,
how it is reflected in the rule, amendment, or rescission. If an
issue is not reflected in the rule, amendment, or rescission, the
hearing report shall explain why the issue is not reflected. The
agency shall append the hearing summary to the hearing report.
(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
without recommendation of a concurrent resolution to invalidate
the proposed rule, amendment, or rescission, 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.
An agency may not adopt a proposed rule, amendment, or
rescission or revised proposed rule, amendment, or rescission or
file it in final form unless the proposed rule has been filed with
the joint committee on agency rule review under division (D) of
section 111.15 of the Revised Code or division (H) of this section
and the time for the joint committee to review the proposed rule
has expired without recommendation of a concurrent resolution to
invalidate the proposed rule.
(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, 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 one hundred twentieth 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
one-hundred-twenty-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 one-hundred-twenty-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. If the hearing report is
available when the proposed rule, amendment, or rescission is
filed, or when the hearing report later becomes available, the
agency shall file a copy of the hearing report with the joint
committee along with the proposed rule, amendment, or rescission
or at a later time with reference to the proposed rule, amendment,
or rescission. (The later filing of a hearing report does not
constitute a revision of the proposed rule, amendment, or
rescission to which the report relates.) An agency shall file the
rule summary and fiscal analysis prepared under section 127.18 of
the Revised Code 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. If a proposed rule, amendment, or rescission has an
adverse impact on businesses, the agency also shall file the
business impact analysis, any recommendations received from the
common sense initiative office, and the agency's memorandum of
response, if any, in electronic form along with the proposed rule,
amendment, or rescission, or along with the 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
127.18 of the Revised Code;
(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;
(f) That the rule-making agency has failed to demonstrate
through the business impact analysis, recommendations from the
common sense initiative office, and the memorandum of response the
agency has filed under division (H) of this section that the
regulatory intent of the proposed rule, amendment, or rescission
justifies its adverse impact on businesses in this state.
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.
When the joint committee recommends invalidation of a
proposed or existing rule, the chairperson of the joint committee,
or another member of the joint committee designated by the
chairperson, shall prepare the recommendation of invalidation in
writing. The recommendation shall identify the proposed or
existing rule, the agency that proposed or submitted the proposed
or existing rule, and the finding that caused the joint committee
to make the recommendation. The recommendation briefly shall
explain the finding.
The chairperson of the joint committee shall request the
legislative service commission to prepare a concurrent resolution
to invalidate the proposed or existing rule according to the
recommendation. The concurrent resolution shall state the finding
that caused the joint committee to recommend invalidation of the
rule.
The chairperson of the joint committee on agency rule review,
or another member of the joint committee designated by the
chairperson, shall submit a concurrent resolution to invalidate a
proposed or existing rule to the clerk of either house of the
general assembly. The recommendation of invalidation and a copy of
the proposed or existing rule also shall be submitted to the clerk
along with the concurrent resolution.
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 and in section
119.033 of the Revised Code:
(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 or an extended 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;
(5) Whether the rule has an adverse impact on businesses,
reviewing the rule as if it were a draft rule being reviewed under
sections 107.52 and 107.53 of the Revised Code, and whether any
such adverse impact has been eliminated or reduced.
(D) In making the its 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 any of the following apply:
(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.
(c) The rule has an adverse impact on businesses, as
determined under section 107.52 of the Revised Code, and the
agency has not eliminated or reduced that impact as required under
section 121.82 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)(D) Prior to the review date of a rule, the agency that
adopted the rule shall determine, on the basis of its review of
the rule, whether the rule needs to be amended or rescinded.
(1) If the rule needs to be amended or rescinded, the agency,
on or before the review date of the rule, shall commence the
process of amending or rescinding the rule in accordance with its
review of the rule.
(2) If the rule does not need to be amended or rescinded,
proceedings shall be had under section 119.033 of the Revised
Code.
(E) 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 comply with this section or
section 119.033 of the Revised Code, 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 or section 119.033 of the Revised Code, the
adoption of the concurrent resolution shall be in the manner
described in division (I) of section 119.03 of the Revised Code.
Sec. 119.033. If an agency, on the basis of its review of a
rule under section 119.032 of the Revised Code, determines that
the rule does not need to be amended or rescinded, proceedings
shall be had as follows:
(A)(1) If, considering only the standard of review specified
in division (C)(5) of section 119.032 of the Revised Code, the
rule has an adverse impact on businesses that has not been
eliminated or reduced, the agency shall prepare a business impact
analysis that describes its review of the rule under that division
and that explains why the rule is not being amended or rescinded
to eliminate or reduce its adverse impact on businesses. If the
rule does not have an adverse impact on businesses, the agency may
proceed under division (B) of this section.
(2) The agency shall transmit a copy of the full text of the
rule and the business impact analysis electronically to the common
sense initiative office. The office shall make the rule and
analysis available to the public on its web site under section
107.62 of the Revised Code.
(3) The agency shall consider any recommendations made by the
office.
(4) Not earlier than the sixteenth business day after
transmitting the rule and analysis to the office, the agency shall
either (a) proceed under divisions (A)(5) and (B) of this section
or (b) commence, under division (D)(1) of section 119.032 of the
Revised Code, the process of rescinding the rule or of amending
the rule to incorporate into the rule features the recommendations
suggest will eliminate or reduce the adverse impact the rule has
on businesses. If the agency determines to amend or rescind the
rule, the agency is not subject to the time limit specified in
division (D)(1) of section 119.032 of the Revised Code.
(5) If the agency receives recommendations from the office,
and determines not to amend or rescind the rule, the agency shall
prepare a memorandum of response that explains why the rule is not
being rescinded or why the recommendations are not being
incorporated into the rule.
(B) The agency shall assign a new review date to the rule.
The review date assigned shall be not later than five years after
the immediately preceding review date pertaining to the rule. If
the agency assigns a review date that exceeds the five-year
maximum, the review date is five years after the immediately
preceding review date.
(C)(1) 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 specifying its new review date, a
complete and accurate rule summary and fiscal analysis, and, if
relevant, a business impact analysis of the rule, any
recommendations received from the common sense initiative office,
and any memorandum of response. An agency may comply with the
requirement to file a complete and accurate rule summary and
fiscal analysis by filing a previously prepared rule summary and
fiscal analysis, so long as the previous rule summary and fiscal
analysis was complete and accurate at the time it was prepared,
continues to be such a complete and accurate explanation of the
rule, and 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 not appreciably changed since the
previous rule summary and fiscal analysis was prepared.
(2) Subject to section 119.034 of the Revised Code, the joint
committee does not have jurisdiction to review, and shall reject,
the filing of a rule under division (C)(1) of this section if, at
any time while the rule is in its possession, it discovers that
the rule has an adverse impact on businesses and the agency has
not complied with division (A) of this section. The joint
committee shall electronically return a rule that is rejected to
the agency, together with any documents that were part of the
filing. Such a rejection does not preclude the agency from
refiling the rule under division (C)(1) of this section after
complying with division (A) of this section. When the filing of a
rule is rejected under this division, it is as if the filing had
not been made.
(D) The joint committee shall publish notice of the agency's
determination not to amend or rescind the rule in the register of
Ohio for four consecutive weeks after the rule is filed under
division (C) of this section.
(E) During the ninety-day period after a rule is filed under
division (C) of this section, but after the four-week notice
period required by division (D) of this section has ended, the
joint committee, by a two-thirds vote of members present, may
recommend to the senate and house of representatives the adoption
of a concurrent resolution invalidating the rule if the joint
committee finds any of the following:
(1) The agency improperly applied the standards in division
(C) of section 119.032 of the Revised Code in reviewing the rule
and in determining that the rule did not need amendment or
rescission.
(2) The rule has an adverse impact on businesses, and the
agency has failed to demonstrate through a business impact
analysis, recommendations from the common sense initiative office,
and a memorandum of response that the regulatory intent of the
rule justifies its adverse impact on businesses.
(3) 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
sections 121.72, 121.75, and 121.76 of the Revised Code.
(4) The agency otherwise failed to comply with section
119.032 of the Revised Code or this section.
When the joint committee recommends that a rule be
invalidated, the recommendation does not suspend operation of the
rule, and the rule remains operational pending action by the
senate and house of representatives on the concurrent resolution
embodying the recommendation. If the senate and house of
representatives adopt the concurrent resolution, the rule is
invalid. If, however, the senate and house of representatives do
not adopt the resolution, the rule continues in effect, and shall
next be reviewed according to the new review date assigned to the
rule.
Sec. 119.034. (A) If the joint committee on agency rule
review is reviewing a proposed or existing rule under section
119.03 or 119.033 of the Revised Code and is uncertain whether the
rule has an adverse impact on businesses, or if the rule appears
to have an adverse impact on businesses that has not been
addressed or that has been inadequately addressed, the joint
committee electronically may refer the rule to the common sense
initiative office. If an adverse impact to business has been
identified and that impact was not evaluated in a business impact
analysis previously reviewed by the common sense initiative
office, the joint committee may rerefer that rule to the common
sense initiative office. The joint committee may transmit a
memorandum to the office along with the proposed or existing rule
explaining specifically why it is referring or rereferring the
rule to the office. The joint committee electronically shall
notify the agency if it refers or rerefers the proposed or
existing rule to the office.
Such a referral or rereferral tolls the running of the time
within which the joint committee is required to recommend adoption
of a concurrent resolution invalidating the proposed or existing
rule. The time resumes running when the proposed or existing rule
is returned to the joint committee after the referral or
rereferral. The tolling does not affect the continued operation of
an existing rule.
(B) The office, within thirty days after receiving a proposed
or existing rule under division (A) of this section, shall
evaluate or reevaluate the rule to determine whether it has an
adverse impact on businesses, and shall proceed under division
(C)(1) or (2) of this section as is appropriate to its
determination.
(C)(1) If the office determined that the proposed or existing
rule does not have an adverse impact on businesses, the office
shall prepare a memorandum stating that finding. The office
electronically shall transmit the memorandum to the agency, and
shall return the proposed or existing rule to the joint committee.
The office also shall transmit a copy of its memorandum to the
joint committee along with the proposed or existing rule. The
joint committee may review or reject the proposed or existing
rule, the same as if the rule had not been referred or rereferred
to the office. If, when the proposed or existing rule is returned
to the joint committee, fewer than thirty days remain in the time
by which a concurrent resolution invalidating the rule must be
recommended, the time for making such a recommendation is extended
until the thirtieth day after the day on which the rule was
returned to the joint committee.
(2) If the office determined that the proposed or existing
rule has an adverse impact on businesses, the office
electronically shall transmit the memorandum to the agency, and
shall return the proposed or existing rule to the agency. The
office also shall transmit a copy of its memorandum to the joint
committee along with the proposed or existing rule. After
receiving the memorandum and proposed or existing rule from the
office, the agency shall evaluate the impact of the proposed or
existing rule on business, complete a business impact analysis,
and submit the business impact analysis to the common sense
initiative office as described in section 121.82 of the Revised
Code.
(a) When the office transmits a copy of a proposed rule to
the joint committee, if fewer than thirty days remain in the time
by which a concurrent resolution invalidating the rule must be
recommended, the time for making such a recommendation is extended
until the thirtieth day after a copy of the rule was transmitted
to the joint committee. The agency, after considering the
recommendations, may revise the proposed rule, and, if the agency
does so, the agency is exempt from complying with divisions (A),
(B), and (C) of section 121.82 of the Revised Code, but shall
comply with divisions (D) and (E) of that section.
(b) When the office transmits a copy of an existing rule to
the joint committee, it is the same as if the agency had withdrawn
the rule from the joint committee's jurisdiction. If the agency
determines, after considering the recommendations, that the
existing rule needs to be amended or rescinded, the agency shall
commence the process of doing so under division (D)(1) of section
119.032 of the Revised Code. If, however, the agency determines,
after considering the recommendations, that the existing rule does
not need to be amended or rescinded, the agency shall resume
periodic review of the rule under division (D)(2) of section
119.032 of the Revised Code.
Sec. 119.04. (A)(1) Any rule adopted by any agency shall be
effective on the tenth day after the day on which the rule in
final form and in compliance with division (A)(2) of this section
is filed as follows:
(a) The rule shall be filed in 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 (A)(1)(b) of this
section does not apply to any rule to which division (H) of
section 119.03 of the Revised Code does not apply.
If all filings are not completed on the same day, the rule
shall be effective on the tenth day after the day on which the
latest filing is completed. If an agency in adopting a rule
designates an effective date that is later than the effective date
provided for by this division, the rule if filed as required by
this division shall become effective on the later date designated
by the agency.
An agency that adopts or amends a rule that is subject to
division (H) of section 119.03 of the Revised Code shall assign a
review date to the rule that is not later than five years after
its effective date. If no review date is assigned to a rule, or if
a review date assigned to a rule exceeds the five-year maximum,
the review date for the rule is five years after its effective
date. A rule with a review date is subject to review under section
119.032 of the Revised Code. This paragraph does not apply to the
department of taxation.
(2) The agency shall file the rule in compliance with the
following standards and procedures:
(a) The rule shall be numbered in accordance with the
numbering system devised by the director for the Ohio
administrative code.
(b) The rule shall be prepared and submitted in compliance
with the rules of the legislative service commission.
(c) The rule shall clearly state the date on which it is to
be effective and the date on which it will expire, if known.
(d) Each rule that amends or rescinds another rule shall
clearly refer to the rule that is amended or rescinded. Each
amendment shall fully restate the rule as amended.
If the director of the legislative service commission or the
director's designee gives an agency notice pursuant to section
103.05 of the Revised Code that a rule filed by the agency is not
in compliance with the rules of the commission, the agency shall
within thirty days after receipt of the notice conform the rule to
the rules of the commission as directed in the notice.
(3) As used in this section, "rule" includes an amendment or
rescission of a rule.
(B) The secretary of state and the director shall preserve
the rules filed under division (A)(1)(a) of this section in an
accessible manner. Each such rule shall be a public record open to
public inspection and may be transmitted to any law publishing
company that wishes to reproduce it.
Any rule that has been adopted in compliance with section
119.03 of the Revised Code and that is in effect before January 1,
1977, may be divided into sections, numbered, provided with a
subject heading, and filed with the secretary of state and the
director to comply with the provisions of this section without
carrying out the adoption procedure required by section 119.03 of
the Revised Code. The codification of existing rules to comply
with this section shall not constitute adoption, amendment, or
rescission.
Sec. 121.74. 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, or 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. 121.81. As used in sections 121.81 to 121.83 of the
Revised Code:
(A) "Agency" means a state agency that is required to file
proposed rules for legislative review under division (D) of
section 111.15 or division (H) of section 119.03 of the Revised
Code. "Agency" does not include the offices of governor,
lieutenant governor, auditor of state, secretary of state,
treasurer of state, or attorney general.
(B) "Draft rule" means any newly proposed rule and any
proposed amendment, adoption, or rescission of a rule prior to the
filing of that rule for legislative review under division (D) of
section 111.15 or division (H) of section 119.03 of the Revised
Code and includes a proposed amendment, adoption, or rescission of
a rule in both its original and any revised form. "Draft rule"
does not include an emergency rule adopted under division (B)(2)
of section 111.15 or division (F) of section 119.03 of the Revised
Code, but does include a rule that is proposed to replace an
emergency rule that expires under those divisions.
Sections 121.81 to 121.83 and 121.91 of the Revised Code are
complementary to sections 107.51 to 107.55 and 107.61 to 107.63 of
the Revised Code.
Sec. 121.83. (A) When an agency files a proposed rule for
legislative review under division (D) of section 111.15 of the
Revised Code or division (H) of section 119.03 of the Revised
Code, the agency electronically shall file one copy of the
business impact analysis, any recommendations received from the
common sense initiative office, and the agency's memorandum of
response, if any, along with the proposed rule.
(B) The (1) Subject to section 119.034 of the Revised Code,
the joint committee on agency rule review does not have
jurisdiction to review, and shall reject, the filing of a proposed
rule if, at any time while the proposed rule is in its possession,
it discovers that the proposed rule might have an adverse impact
on businesses and the agency has not included with the filing a
business impact analysis or has included a business impact
analysis that is inadequately prepared. The joint committee
electronically shall return a filing that is rejected to the
agency. Such a rejection does not preclude the agency from
refiling the proposed rule after complying with section 121.82 of
the Revised Code. When a filing is rejected under this division,
it is as if the filing had not been made.
(2) If the last previously filed version of a proposed rule,
the filing of a later version of which has been rejected by the
joint committee, remains in the possession of the joint committee,
and if the time for legislative review of that previously filed
version has expired, or if fewer than thirty days remain before
the time for legislative review of that previously filed version
expires, then the time for legislative review of that previously
filed version is revived or extended, and recommendation of a
concurrent resolution to invalidate that previously filed version
may be adopted not later than the sixty-fifth day after the day on
which the filing of the later version of the proposed rule was
rejected. This deadline is subject to extension under section
106.02 of the Revised Code.
Sec. 121.91. (A) Each state agency shall develop, and as it
becomes necessary or advisable may improve, customer service
standards for each employee of the agency whose duties include a
significant level of contact with the public. The agency shall
base the standards on the job descriptions of the positions that
the employees hold in the agency. An agency is not required to
adopt the standards by rule.
A state agency that is created after
the effective date of this amendment shall develop its initial
customer service standards within six months after the effective
date of the statute that creates the state agency.
Each state agency shall reduce the standards to writing, and
the standards shall be incorporated into employee policy manuals,
job descriptions, and employee performance evaluations.
(B) The state agency, and its officers and employees, shall
comply with the customer service performance standards that have
been developed under division (A) of this section. A state
agency's compliance with the standards shall be evaluated, by the
director of budget and management and the committees of the senate
and house of representatives having jurisdiction over the state
operating budget, as part of the consideration of the state
agency's biennial budget. (If the evaluation is of the office of
budget and management, evaluation by the committees is
sufficient.) An employee's compliance with the standards shall be
evaluated as part of the employee's periodic performance reviews.
A state agency's and employee's compliance with the standards may
be evaluated as part of any performance audit of the state agency.
Sec. 127.18. (A) As used in this section:
(1) "Rule-making agency" has the same meaning as
defined 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, and
electronic mail address of an individual or office within the
agency designated by that agency to be responsible for
coordinating and making available information in the possession of
the agency regarding the proposed rule;
(2) The Ohio Administrative Code rule number of the proposed
rule;
(3) A brief summary of, and the legal basis for, the proposed
rule, including citations identifying the statute that prescribes
the procedure in accordance with which the rule-making agency is
required to adopt the proposed rule, the statute that authorizes
the agency to adopt the proposed rule, and the statute that the
agency intends to amplify or implement by adopting the proposed
rule;
(4) An estimate, in dollars, of the amount by which the
proposed rule would increase or decrease revenues or expenditures
during the current biennium;
(5) A citation identifying the appropriation that authorizes
each expenditure that would be necessitated by the proposed rule;
(6) A summary of the estimated cost of compliance with the
rule to all directly affected persons;
(7) The reasons why the rule is being proposed;
(8) If the rule has a fiscal effect on school districts,
counties, townships, or municipal corporations, an estimate in
dollars of the cost of compliance with the rule, or, if dollar
amounts cannot be determined, a written explanation of why it was
not possible to ascertain dollar amounts;
(9) If the rule has a fiscal effect on school districts,
counties, townships, or municipal corporations and is the result
of a federal requirement, a clear explanation that the proposed
state rule does not exceed the scope and intent of the
requirement, or, if the state rule does exceed the minimum
necessary federal requirement, a justification of the excess cost,
and an estimate of the costs, including those costs for local
governments, exceeding the federal requirement;
(10) If the rule has a fiscal effect on school districts,
counties, townships, or municipal corporations, a comprehensive
cost estimate that includes the procedure and method of
calculating the costs of compliance and identifies major cost
categories including personnel costs, new equipment or other
capital costs, operating costs, and indirect central service costs
related to the rule. The fiscal analysis shall also include a
written explanation of the agency's and the affected local
government's ability to pay for the new requirements and a
statement of any impact the rule will have on economic
development.
(11) 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. 4141.14. (A) All rules of the director of the
department of job and family services adopted pursuant to this
chapter shall be approved by the unemployment compensation review
commission before the rules become effective. All such rules shall
specify on their face their effective date and the date on which
they will expire, if known. Approval by the unemployment
compensation review commission shall also be required before
amendments to, or rescission of, any rules of the director adopted
pursuant to this chapter become effective. If the commission
disapproves a rule of the director, it shall determine and
promulgate a rule that it considers appropriate after affording a
hearing to the director.
(B)(1) Any rule promulgated pursuant to this section shall be
effective on the tenth day after the day on which the rule in
final form and in compliance with division (B)(2) of this section
is filed as follows:
(a) The rule shall be filed in 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 (H) of
section 119.03 of the Revised Code does not apply.
If all filings are not completed on the same day, the rule
shall be effective on the tenth day after the day on which the
latest filing is completed. If the department of job and family
services or the unemployment compensation review commission in
adopting a rule pursuant to this chapter designates an effective
date that is later than the effective date provided for by this
division, the rule if filed as required by this division shall
become effective on the later date designated by the department or
commission.
If the commission or department adopts or amends a rule that
is subject to division (H) of section 119.03 of the Revised Code,
the commission or department shall assign a review date to the
rule that is not later than five years after its effective date.
If no review date is assigned to a rule, or if a review date
assigned to a rule exceeds the five-year maximum, the review date
for the rule is five years after its effective date. A rule with a
review date is subject to review under section 119.032 of the
Revised Code.
(2) The department and commission shall file the rule in
compliance with the following standards and procedures:
(a) The rule shall be numbered in accordance with the
numbering system devised by the director for the Ohio
administrative code.
(b) The rule shall be prepared and submitted in compliance
with the rules of the legislative service commission.
(c) The rule shall clearly state the date on which it is to
be effective and the date on which it will expire, if known.
(d) Each rule that amends or rescinds another rule shall
clearly refer to the rule that is amended or rescinded. Each
amendment shall fully restate the rule as amended.
If the director of the legislative service commission or the
director's designee gives the department of job and family
services or the unemployment compensation review commission notice
pursuant to section 103.05 of the Revised Code that a rule filed
by the department or review commission is not in compliance with
the rules of the legislative service commission, the department or
review commission shall within thirty days after receipt of the
notice conform the rule to the rules of the commission as directed
in the notice.
The secretary of state and the director of the legislative
service commission shall preserve the rules filed under division
(B)(1)(a) of this section in an accessible manner. Each such rule
shall be a public record open to public inspection and may be
transmitted to any law publishing company that wishes to reproduce
it.
(C) As used in this section:
(1) "Rule" includes an amendment or rescission of a rule.
(2) "Substantive revision" has the same meaning as in
division (J) of section 119.01 of the Revised Code.
Sec. 5703.14. (A) Any rule adopted by the board of tax
appeals and any rule of the department of taxation adopted by the
tax commissioner shall be effective on the tenth day after the day
on which the rule in final form and in compliance with division
(B) of this section is filed by the board or the commissioner as
follows:
(1) The rule shall be filed in electronic form with both the
secretary of state and the director of the legislative service
commission;
(2) The rule shall be filed in electronic form with the joint
committee on agency rule review. Division (A)(2) of this section
does not apply to any rule to which division (H) of section 119.03
of the Revised Code does not apply.
If all filings are not completed on the same day, the rule
shall be effective on the tenth day after the day on which the
latest filing is completed. If the board or the commissioner in
adopting a rule designates an effective date that is later than
the effective date provided for by this division, the rule if
filed as required by this division shall become effective on the
later date designated by the board or commissioner.
(B) The board and commissioner shall file the rule in
compliance with the following standards and procedures:
(1) The rule shall be numbered in accordance with the
numbering system devised by the director for the Ohio
administrative code.
(2) The rule shall be prepared and submitted in compliance
with the rules of the legislative service commission.
(3) The rule shall clearly state the date on which it is to
be effective and the date on which it will expire, if known.
(4) Each rule that amends or rescinds another rule shall
clearly refer to the rule that is amended or rescinded. Each
amendment shall fully restate the rule as amended.
If the director of the legislative service commission or the
director's designee gives the board or commissioner notice
pursuant to section 103.05 of the Revised Code that a rule filed
by the board or commissioner is not in compliance with the rules
of the legislative service commission, the board or commissioner
shall within thirty days after receipt of the notice conform the
rule to the rules of the legislative service commission as
directed in the notice.
All rules of the department and board filed pursuant to
division (A)(1) of this section shall be recorded by the secretary
of state and the director under the name of the department or
board and shall be numbered in accordance with the numbering
system devised by the director. The secretary of state and the
director shall preserve the rules in an accessible manner. Each
such rule shall be a public record open to public inspection and
may be transmitted to any law publishing company that wishes to
reproduce it. Each such rule shall also be made available to
interested parties upon request directed to the department.
(C) Applications for review of any rule adopted and
promulgated by the tax commissioner may be filed with the board of
tax appeals by any person who has been or may be injured by the
operation of the rule. The appeal may be taken at any time after
the rule is filed with the secretary of the state, the director of
the legislative service commission, and, if applicable, the joint
committee on agency rule review. Failure to file an appeal does
not preclude any person from seeking any other remedy against the
application of the rule to the person. The applications shall set
forth, or have attached thereto and incorporated by reference, a
true copy of the rule, and shall allege that the rule complained
of is unreasonable and shall state the grounds upon which the
allegation is based. Upon the filing of the application, the board
shall notify the commissioner of the filing of the application,
fix a time for hearing the application, notify the commissioner
and the applicant of the time for the hearing, and afford both an
opportunity to be heard. The appellant, the tax commissioner, and
any other interested persons that the board permits, may introduce
evidence. The burden of proof to show that the rule is
unreasonable shall be upon the appellant. After the hearing, the
board shall determine whether the rule complained of is reasonable
or unreasonable. A determination that the rule complained of is
unreasonable shall require a majority vote of the three members of
the board, and the reasons for the determination shall be entered
on the journal of the board.
Upon determining that the rule complained of is unreasonable,
the board shall file copies of its determination as follows:
(1)(A) The determination shall be filed in electronic form
with both the secretary of state and the director of the
legislative service commission, who shall note the date of their
receipt of the certified copies conspicuously in their files of
the rules of the department;
(2)(B) The determination shall be filed in electronic form
with the joint committee on agency rule review. Division (C)(2) of
this section does not apply to any rule to which division (H)(C)
of section 119.03 of the Revised Code does not apply.
On the tenth day after the determination has been received by
the secretary of state, the director, and, if applicable, the
joint committee, the rule referred to in the determination shall
cease to be in effect. If all filings of the determination are not
completed on the same day, the rule shall remain in effect until
the tenth day after the day on which the latest filing is
completed. This section does not apply to licenses issued under
sections 5735.02, 5739.17, and 5743.15 of the Revised Code, which
shall be governed by sections 119.01 to 119.13 of the Revised
Code.
The board is not required to hear an application for the
review of any rule where the grounds of the allegation that the
rule is unreasonable have been previously contained in an
application for review and have been previously heard and passed
upon by the board.
(D) As used in this section, "substantive revision" has the
same meaning as in division (J) of section 119.01 of the Revised
Code.
Section 2. That existing sections 101.35, 103.0511, 107.52,
107.53, 107.54, 107.55, 107.62, 107.63, 111.15, 117.20, 119.01,
119.03, 119.032, 119.04, 121.74, 121.81, 121.83, 121.91, 127.18,
4141.14, and 5703.14 of the Revised Code are hereby repealed.
Section 3. Section 119.031 of the Revised Code is hereby
repealed.
Section 4. A state agency that is required to develop
customer service standards under section 121.91 of the Revised
Code and that has not, on the effective date of this section,
developed its initial standards shall do so not later than
December 31, 2013.
Section 5. Section 5703.14 of the Revised Code is presented
in this act as a composite of the section as amended by both Am.
Sub. S.B. 3 and the version of Am. Sub. S.B. 11 of the 123rd
General Assembly effective on April 1, 2002. 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.
|
|