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Am. Sub. S. B. No. 3 As Passed by the HouseAs Passed by the House
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Faber, Eklund, Gardner, Obhof, Widener, Uecker, Hite, Balderson, Beagle, Coley, Patton, Jones, Manning, Lehner, Seitz, Bacon, Burke, Oelslager, Peterson
Representatives Grossman, Hackett, Brown, Burkley, Amstutz, Blair, Boose, Conditt, Duffey, Green, Hayes, McClain, McGregor, Roegner, Sears, Thompson Speaker Batchelder
A BILL
To amend sections 101.35, 103.0511, 107.52, 107.53,
107.54, 107.55, 107.62, 107.63, 111.15, 119.01,
119.03, 119.04, 121.39, 121.73, 121.74, 121.81,
121.82, 121.83, 121.91, 127.18, 1531.08, 3319.22,
3319.221, 3333.021, 3333.048, 3701.34, 3737.88,
3746.04, 4117.02, 4141.14, 5103.0325, 5117.02,
5703.14, 6111.31, and 6111.51; to enact sections
101.351, 106.01, 106.02, 106.021, 106.022,
106.023, 106.03, 106.031, 106.04, 106.041,
106.042, 106.05, 121.811, and 3345.033; and to
repeal sections 119.031 and 119.032 of the Revised
Code to revise rule-making and rule review
procedures and to make administrative reforms.
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, 119.01, 119.03, 119.04,
121.39, 121.73, 121.74, 121.81, 121.82, 121.83, 121.91, 127.18,
1531.08, 3319.22, 3319.221, 3333.021, 3333.048, 3701.34, 3737.88,
3746.04, 4117.02, 4141.14, 5103.0325, 5117.02, 5703.14, 6111.31,
and 6111.51 be amended and that sections 101.351, 106.01, 106.02,
106.021, 106.022, 106.023, 106.03, 106.031, 106.04, 106.041,
106.042, 106.05, 121.811, and 3345.033 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
106.021 or
section 119.031
106.031 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 an agency, as defined in section
119.01 106.01 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
an agency on a
proposed rule, amendment, or rescission.
Sec. 101.351. The goal of the rule watch system is to
provide one world wide web portal through which a person can
obtain information about the rules of, and about rule-making by,
state agencies.
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.
The joint committee shall integrate the common sense
initiative office into the rule watch system. The joint committee
is the principal member of the rule watch system, but shall work
in collaboration with the common sense initiative office to
achieve the integration.
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, the common sense initiative office, 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 secretary of state, the general assembly,
or a committee of the senate or house of representatives under
section 106.02, 106.022, 106.031, 107.54, 111.15, 117.20, 119.03,
119.031, 119.032, 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;
(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. 106.01. As used in sections 106.01 to 106.042 of the
Revised Code, as the case may be:
(A) "Agency" means an agency as defined in sections 111.15
and 119.01 of the Revised Code.
(B) "Review date" means the review date assigned to a rule by
an agency under section 111.15 or 119.04 of the Revised Code.
(C) "Rule" means (1) a proposed new rule, or a proposed
amendment or rescission of an existing rule, that has been filed
with the joint committee on agency rule review under division (D)
of section 111.15 of the Revised Code or division (C) of section
119.03 of the Revised Code or (2) an existing rule that is subject
to review under sections 106.03 and 106.031 of the Revised Code.
"Rule" includes an appendix to a rule.
"Proposed rule" refers to the original and a revised version
of a proposed rule.
"Proposed rule" does not include a proposed rule that has
been adopted and is being filed in final form.
In sections 106.03 and 106.031 of the Revised Code, "rule"
does not include 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.
Sec. 106.02. When an agency files a proposed rule and rule
summary and fiscal analysis with the joint committee on agency
rule review, the joint committee shall review the proposed rule
and rule summary and fiscal analysis not later than the
sixty-fifth day after the day on which the proposed rule was filed
with the joint committee. If, after filing the original version of
a proposed rule, the agency makes a revision in the proposed rule,
the agency shall file the revised proposed rule and a revised rule
summary and fiscal analysis with the joint committee. If the
revised proposed rule is filed thirty-five or fewer days after the
original version of the proposed rule was filed, the joint
committee shall review the revised proposed rule and revised rule
summary and fiscal analysis not later than the sixty-fifth day
after the original version of the proposed rule was filed. If,
however, the revised proposed rule is filed more than thirty-five
days after the original version of the proposed rule was filed,
the joint committee shall review the revised proposed rule and
revised rule summary and fiscal analysis not later than the
thirtieth day after the revised proposed rule was filed with the
joint committee.
When the original version of a proposed rule and rule summary
and fiscal analysis is filed with the joint committee in December
or in the following January before the first day of the
legislative session, the joint committee shall review the proposed
rule and rule summary and fiscal analysis as if the proposed rule
and rule summary and fiscal analysis had been filed with the joint
committee on the first day of the legislative session in the
following January. If the original version of a proposed rule and
rule summary and fiscal analysis have been pending before the
joint committee for more than thirty-five days, and the proposed
rule and rule summary and fiscal analysis are revised in December
or in the following January before the first day of the
legislative session, the joint committee shall review the revised
proposed rule and revised rule summary and fiscal analysis not
later than the thirtieth day after the first day of the
legislative session in the following January.
A revised proposed rule supersedes each earlier version of
the same proposed rule.
The joint committee shall not hold its public hearing on a
proposed rule earlier than the forty-first day after the proposed
rule was filed with the joint committee.
Sec. 106.021. If, upon reviewing a proposed rule or revised
proposed rule, the joint committee on agency rule review makes any
of the following findings with regard to the proposed rule or
revised proposed rule, the joint committee may recommend to the
senate and house of representatives the adoption of a concurrent
resolution to invalidate the proposed rule or revised proposed
rule or a part thereof:
(A) The proposed rule or revised proposed rule exceeds the
scope of its statutory authority.
(B) The proposed rule or revised proposed rule conflicts with
the legislative intent of the statute under which it was proposed.
(C) The proposed rule or revised proposed rule conflicts with
another proposed or existing rule.
(D) The proposed rule or revised proposed rule incorporates a
text or other material by reference and either the agency has
failed to file the text or other material incorporated by
reference as required by section 121.73 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.
(E) The agency has failed to prepare a complete and accurate
rule summary and fiscal analysis of the proposed rule or revised
proposed rule as required by section 127.18 of the Revised Code.
(F) The agency has failed to demonstrate through the business
impact analysis, recommendations from the common sense initiative
office, and the memorandum of response that the regulatory intent
of the proposed rule or revised proposed rule justifies its
adverse impact on businesses in this state.
Sec. 106.022. As an alternative to recommending the adoption
of a concurrent resolution to invalidate a proposed rule, the
joint committee on agency rule review may authorize the agency to
revise and refile the proposed rule and rule summary and fiscal
analysis. The joint committee shall issue the authorization in
writing. In the authorization, the joint committee shall explain
the finding that, but for the authorization, would have resulted
in a recommendation of invalidation. The joint committee shall
transmit the authorization electronically to the agency, the
secretary of state, the director of the legislative service
commission, and, if the proposed rule is to replace an emergency
rule, the governor.
Upon receiving the authorization, the agency may revise the
proposed rule and rule summary and fiscal analysis, and then
refile the revised proposed rule and rule summary and fiscal
analysis electronically with the joint committee.
If the joint committee makes any of the findings outlined in
section 106.021 of the Revised Code with regard to the revised
proposed rule and rule summary and fiscal analysis, the joint
committee may recommend the adoption of a concurrent resolution to
invalidate the proposed rule under section 106.021 of the Revised
Code. The joint committee may issue only one authorization with
regard to the same proposed rule.
If the proposed rule that is the subject of an authorization
is to replace an emergency rule, the governor may issue an order
extending the emergency rule for an additional sixty-five days
after the day on which the emergency rule otherwise would become
invalid. The governor shall transmit the order electronically to
the agency, the joint committee, and the director of the
legislative service commission.
Sec. 106.023. An agency may not adopt a proposed rule or
revised proposed rule 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 or division (C) of section
119.03 of the Revised Code 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.
If, before the time for its review of a proposed rule or
revised proposed rule expires, the joint committee recommends
adoption of a concurrent resolution invalidating the proposed rule
or revised proposed rule, and the senate and house of
representatives does not, within the time remaining for adoption
of the concurrent resolution, hold five 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 sessions.
Sec. 106.03. Prior to the review date of an existing rule,
the agency that adopted the rule shall do both of the following:
(A) Review the rule to determine all of the following:
(1) Whether the rule should be continued without amendment,
be amended, or be rescinded, taking into consideration the
purpose, scope, and intent of the statute under which the rule was
adopted;
(2) Whether the rule needs amendment or rescission to give
more flexibility at the local level;
(3) Whether the rule needs amendment or rescission to
eliminate unnecessary paperwork;
(4) Whether the rule 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;
(5) Whether the rule duplicates, overlaps with, or conflicts
with other rules;
(6) Whether the rule has an adverse impact on businesses, as
determined under section 107.52 of the Revised Code; and
(7) Whether the rule contains words or phrases having
meanings that in contemporary usage are understood as being
derogatory or offensive.
In making its review, 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.
(B) On the basis of its review of the existing rule, the
agency shall determine whether the existing rule needs to be
amended or rescinded.
(1) If the existing rule needs to be amended or rescinded,
the agency, on or before the review date of the existing rule,
shall commence the process of amending or rescinding the existing
rule in accordance with its review of the rule.
(2) If the existing rule does not need to be amended or
rescinded, proceedings shall be had under section 106.031 of the
Revised Code.
Upon the request of the agency that adopted an existing rule,
the joint committee on agency rule review may extend the review
date of the rule to a date that is not later than one hundred
eighty days after the review date assigned to the rule by the
agency. Not more than two such extensions may be allowed.
Sec. 106.031. If an agency, on the basis of its review of a
rule under section 106.03 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 (A)(6) of section 106.03 of the Revised Code, the rule
has an adverse impact on businesses, the agency shall prepare a
business impact analysis that describes its review of the rule
under that division and that explains why the regulatory intent of
the rule justifies 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 (B)(1) of section 106.03 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 (B)(1) of section 106.03 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.
(2) Subject to section 106.05 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
(A) of section 106.03 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.
If the agency fails to comply with section 106.03 or 106.031
of the Revised Code, the joint committee shall afford the agency
an opportunity to appear before the joint committee to show cause
why the agency has not complied with either or both of those
sections. If the agency appears before the joint committee at the
time scheduled for the agency to show cause, and fails to do so,
the joint committee, by vote of a majority of its members present,
may recommend the adoption of a concurrent resolution invalidating
the rule for the agency's failure to show cause. Or if the agency
fails to appear before the joint committee at the time scheduled
for the agency to show cause, the joint committee, by vote of a
majority of its members present, may recommend adoption of a
concurrent resolution invalidating the rule for the agency's
default.
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. 106.04. When the joint committee on agency rule review
recommends invalidation of a proposed or existing rule under
section 106.021 or 106.031 of the Revised Code, 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.
Sec. 106.041. 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.
Sec. 106.042. The failure of the general assembly to adopt a
concurrent resolution invalidating a proposed or existing rule is
not a ratification of the lawfulness or reasonableness of the
proposed or existing rule or of the validity of the procedure by
which the rule was proposed or adopted.
Sec. 106.05. (A) If the joint committee on agency rule review
is reviewing a proposed or existing rule under section 106.021 or
106.031 of the Revised Code and the joint committee is uncertain
whether the proposed or existing rule has an adverse impact on
businesses, the joint committee electronically may refer the rule
to the common sense initiative office, or if the joint committee
identifies an adverse impact on businesses in the proposed or
existing rule that has not been evaluated or has been inadequately
evaluated in a business impact analysis previously reviewed by the
common sense initiative office, the joint committee electronically
may rerefer the rule to the office. The joint committee
electronically 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
electronically shall return the proposed or existing rule to the
joint committee. The office also electronically 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 proposed or existing rule must be
recommended, the time for making such a recommendation is extended
until the thirtieth day after the day on which the proposed or
existing 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 shall prepare
a memorandum stating that finding. The office electronically shall
transmit the memorandum to the agency, and electronically shall
transmit the memorandum and the proposed or existing rule to the
joint committee. The memorandum shall identify the proposed or
existing rule to which it relates.
In the case of a proposed rule, the joint committee may
review or reject the proposed rule the same as if the proposed
rule had not been referred or rereferred to the office. If, when
the proposed rule is returned to the joint committee, fewer than
thirty days remain in the time by which a concurrent resolution
invalidating the proposed rule must be recommended, the time for
making such a recommendation is extended until the thirtieth day
after the day on which the proposed rule was transmitted to the
joint committee. The agency, after considering the memorandum, may
revise the proposed rule.
In the case of an existing rule, it is the same as if the
agency had withdrawn the existing rule from the joint committee's
jurisdiction. If the agency determines, after considering the
memorandum, that the existing rule needs to be amended or
rescinded, the agency shall commence the process of doing so under
division (B)(1) of section 106.03 of the Revised Code. If,
however, the agency determines, after considering the memorandum,
that the existing rule does not need to be amended or rescinded,
the agency shall proceed with periodic review of the rule under
division (B)(2) of section 106.03 of the Revised Code.
When the joint committee gives notice that it is referring or
rereferring a proposed or existing rule to the common sense
initiative office, and when the joint committee or office
transmits a memorandum to the other or to an agency, the joint
committee or office also electronically shall transmit a copy of
the notice or memorandum to the director of the legislative
service commission. The director shall publish the notice or
memorandum in the register of Ohio together with a notation
identifying the proposed or existing rule to which the notice or
memorandum relates.
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
106.031 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, "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. 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 119.032 106.03 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. 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. 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.
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 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 or government entity
furnishes medicaid services under a provider agreement with the
department of medicaid.
(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)(E) 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 agency shall file the hearing report relating to a
proposed rule, amendment, or rescission in electronic form along
with the proposed rule, amendment, or rescission if the hearing
report is available when the proposed rule, amendment, or
rescission is filed with the secretary of state or the director of
the legislative service commission under this division.
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; and the full text of a hearing report
that is filed with the director under this division.
(C) When an agency files a proposed rule, amendment, or
rescission under division (B) of this section, it also shall 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.)
The proposed rule, amendment, or rescission is subject to
legislative review and invalidation under sections 106.02,
106.021, and 106.022 of the Revised Code. If the agency makes a
revision in a proposed rule, amendment, or rescission after it is
filed with the joint committee, the agency promptly shall file the
full text of the proposed rule, amendment, or rescission in its
revised form in electronic form with the joint committee.
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.
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 the hearing report
in electronic form 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 hearing
report relates.) If the hearing report is later filed, the joint
committee shall transmit a copy of the hearing report in
electronic form to the director of the legislative service
commission. The director shall publish the hearing report in the
register of Ohio.
A proposed rule, amendment, or rescission that is subject to
legislative review under this division may not be adopted under
division (E) of this section or filed in final form under section
119.04 of the Revised Code unless the proposed rule, amendment, or
rescission 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, amendment, or rescission has expired
without recommendation of a concurrent resolution to invalidate
the proposed rule, amendment, or rescission.
This division does not apply to:
(1) An emergency rule, amendment, or rescission;
(2) A 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 (C)(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 (C) of this section.
(D) 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 include the hearing summary in the hearing report as
an appendix thereto. And, in the hearing report, the agency shall
identify the proposed rule, amendment, or rescission to which the
hearing report relates.
(D)(E) After complying with divisions (A), (B), (C), and
(H)(D) of this section have been complied with, and when the time
for legislative review and invalidation under division (I) of this
section sections 106.02, 106.022, and 106.023 of the Revised Code
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.
(E)(F) 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)(G) 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 106.02 of
the Revised Code 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)(H) Rules adopted by an authority within the department of
job and family services for the administration or enforcement of
Chapter 4141. of the Revised Code or of the department of taxation
shall be effective without a hearing as provided by this section
if the statutes pertaining to such agency specifically give a
right of appeal to the board of tax appeals or to a higher
authority within the agency or to a court, and also give the
appellant a right to a hearing on such appeal. This division does
not apply to the adoption of any rule, amendment, or rescission by
the tax commissioner under division (C)(1) or (2) of section
5117.02 of the Revised Code, or deny the right to file an action
for declaratory judgment as provided in Chapter 2721. of the
Revised Code from the decision of the board of tax appeals or of
the higher authority within such agency.
(H) When any agency files a proposed rule, amendment, or
rescission under division (B) of this section, it shall also file
in electronic form with the joint committee on agency rule review
the full text of the proposed rule, amendment, or rule to be
rescinded in the same form and the public notice required under
division (A) of this section. (If in compliance with this division
an agency files more than one proposed rule, amendment, or
rescission at the same time, and has given a public notice under
division (A) of this section that applies to more than one of the
proposed rules, amendments, or rescissions, the agency shall file
only one notice with the joint committee for all of the proposed
rules, amendments, or rescissions to which the notice applies.) If
the agency makes a substantive revision in a proposed rule,
amendment, or rescission after it is filed with the joint
committee, the agency shall promptly file the full text of the
proposed rule, amendment, or rescission in its revised form in
electronic form with the joint committee. The latest version of a
proposed rule, amendment, or rescission as filed with the joint
committee supersedes each earlier version of the text of the same
proposed rule, amendment, or rescission. An agency shall file the
rule summary and fiscal analysis prepared under section 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.
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. 119.04. (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)(C) 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 119.03 106.03 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 119.032 106.03 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. 121.39. (A) As used in this section, "environmental
protection" means any of the following:
(1) Protection of human health or safety, biological
resources, or natural resources by preventing, reducing, or
remediating the pollution or degradation of air, land, or water
resources or by preventing or limiting the exposure of humans,
animals, or plants to pollution;
(2) Appropriation or regulation of privately owned property
to preserve air, land, or water resources in a natural state or to
wholly or partially restore them to a natural state;
(3) Regulation of the collection, management, treatment,
reduction, storage, or disposal of solid, hazardous, radioactive,
or other wastes;
(4) Plans or programs to promote or regulate the
conservation, recycling, or reuse of energy, materials, or wastes.
(B) Except as otherwise provided in division (E) of this
section, when proposed legislation dealing with environmental
protection or containing a component dealing with environmental
protection is referred to a committee of the general assembly,
other than a committee on rules or reference, the sponsor of the
legislation, at the time of the first hearing of the legislation
before the committee, shall submit to the members of the committee
a written statement identifying either the documentation that is
the basis of the legislation or the federal requirement or
requirements with which the legislation is intended to comply. If
the legislation is not based on documentation or has not been
introduced to comply with a federal requirement or requirements,
the written statement from the sponsor shall so indicate.
Also at the time of the first hearing of the legislation
before the committee, a statewide organization that represents
businesses in this state and that elects its board of directors
may submit to the members of the committee a written estimate of
the costs to the regulated community in this state of complying
with the legislation if it is enacted.
At any hearing of the legislation before the committee, a
representative of any state agency, environmental advocacy
organization, or consumer advocacy organization or any private
citizen may present documentation containing an estimate of the
monetary and other costs to public health and safety and the
environment and to consumers and residential utility customers,
and the effects on property values, if the legislation is not
enacted.
(C) Until such time as the statement required under division
(B) of this section is submitted to the committee to which
proposed legislation dealing with environmental protection or
containing a component dealing with environmental protection was
referred, the legislation shall not be reported by that committee.
This requirement does not apply if the component dealing with
environmental protection is removed from the legislation or if
two-thirds of the members of the committee vote in favor of a
motion to report the proposed legislation.
(D) Except as otherwise provided in division (E) of this
section, prior to adopting a rule or an amendment proposed to a
rule dealing with environmental protection or containing a
component dealing with environmental protection, a state agency
shall do all of the following:
(1) Consult with organizations that represent political
subdivisions, environmental interests, business interests, and
other persons affected by the proposed rule or amendment;
(2) Consider documentation relevant to the need for, the
environmental benefits or consequences of, other benefits of, and
the technological feasibility of the proposed rule or amendment;
(3) Specifically identify whether the proposed rule or
amendment is being adopted or amended to enable the state to
obtain or maintain approval to administer and enforce a federal
environmental law or to participate in a federal environmental
program, whether the proposed rule or amendment is more stringent
than its federal counterpart, and, if the proposed rule or
amendment is more stringent, the rationale for not incorporating
its federal counterpart;
(4) Include with the proposed rule or amendment and the rule
summary and fiscal analysis required under section 127.18 of the
Revised Code, when they are filed with the joint committee on
agency rule review in accordance with division (D) of section
111.15 or division (H)(C) of section 119.03 of the Revised Code,
one of the following in electronic form, as applicable:
(a) The information identified under division (D)(3) of this
section and, if the proposed rule or amendment is more stringent
than its federal counterpart, as identified in that division, the
documentation considered under division (D)(2) of this section;
(b) If an amendment proposed to a rule is being adopted or
amended under a state statute that establishes standards with
which the amendment shall comply, and the proposed amendment is
more stringent than the rule that it is proposing to amend, the
documentation considered under division (D)(2) of this section;
(c) If division (D)(4)(a) or (b) of this section is not
applicable, the documentation considered under division (D)(2) of
this section.
If the agency subsequently files a revision of such a
proposed rule or amendment in accordance with division (D) of
section 111.15 or division (H)(C) of section 119.03 of the Revised
Code, the revision shall be accompanied in electronic form by the
applicable information or documentation.
Division (D) of this section does not apply to any emergency
rule adopted under division (B)(2) of section 111.15 or division
(F)(G) of section 119.03 of the Revised Code, but does apply to
any such rule that subsequently is adopted as a nonemergency rule
under either of those divisions.
The information or documentation submitted under division
(D)(4) of this section may be in the form of a summary or index of
available knowledge or information and shall consist of or be
based upon the best available generally accepted knowledge or
information in the appropriate fields, as determined by the agency
that prepared the documentation.
(E) The statement required under division (B) and the
information or documentation required under division (D) of this
section need not be prepared or submitted with regard to a
proposed statute or rule, or an amendment to a rule, if the
statute, rule, or amendment is procedural or budgetary in nature,
or governs the organization or operation of a state agency, and
will not affect the substantive rights or obligations of any
person other than a state agency or an employee or contractor of a
state agency.
(F) The insufficiency, incompleteness, or inadequacy of a
statement, information, documentation, or a summary of information
or documentation provided in accordance with division (B) or (D)
of this section shall not be grounds for invalidation of any
statute, rule, or amendment to a rule.
(G) This section applies only to the following:
(1) Legislation and components of legislation dealing with
environmental protection that are introduced in the general
assembly after March 5, 1996;
(2) Rules and rule amendments dealing with environmental
protection that are filed with the joint committee on agency rule
review in accordance with division (D) of section 111.15 or
division (H)(C) of section 119.03 of the Revised Code after March
5, 1996.
Sec. 121.73. As used in this section, "rule" has the same
meaning as in section 121.71 of the Revised Code and also includes
the rescission of an existing rule.
(A) When an agency files the original or a revised version of
a rule in proposed form under division (D) of section 111.15 or
division (H)(C) of section 119.03, or a rule for review under
section
119.032 106.03 of the Revised Code, that incorporates a
text or other material by reference, the agency also shall file in
electronic form, one complete and accurate copy of the text or
other material incorporated by reference with the joint committee
on agency rule review. An agency is not, however, required to file
a text or other material incorporated by reference with the joint
committee if the agency revises a rule in proposed form that
incorporates a text or other material by reference and the
incorporation by reference in the revised version of the rule is
identical to the incorporation by reference in the preceding
version of the rule.
If it is infeasible for the agency to file a text or other
material incorporated by reference electronically, the agency, as
soon as possible, but not later than three days after completing
the electronic filing, shall deliver one complete and accurate
copy of the text or other material incorporated by reference to
the joint committee, and shall attach a memorandum to the text or
other material identifying the filing to which it relates.
An agency is not required to file a text or other material
incorporated by reference into a rule that is proposed for
rescission if it is infeasible for the agency to do so.
An agency shall not file a copy of a text or other material
incorporated by reference with the secretary of state or with the
director of the legislative service commission.
(B) Upon completing its review of a rule in proposed form, or
its review of a rule, that incorporates a text or other material
by reference, the joint committee shall forward its copy of the
text or other material incorporated by reference to the director
of the legislative service commission. The director shall maintain
a file of texts and other materials that are or were incorporated
by reference into rules.
Sec. 121.74. As used in this section, "rule" has the same
meaning as in section 121.71 of the Revised Code and also includes
the rescission of an existing rule.
When an agency files a rule in final form under division
(B)(1) of section 111.15, 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)(C) 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)(C) 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)(G) 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. 121.811. 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 106.03 and 106.031 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. 121.82. In the course of developing a draft rule that
is intended to be proposed under division (D) of section 111.15 or
division (H)(C) of section 119.03 of the Revised Code, an agency
shall:
(A) Evaluate the draft rule against the business impact
analysis instrument. If, based on that evaluation, the draft rule
will not have an adverse impact on businesses, the agency may
proceed with the rule-filing process. If the evaluation determines
that the draft rule will have an adverse impact on businesses, the
agency shall incorporate features into the draft rule that will
eliminate or adequately reduce any adverse impact the draft rule
might have on businesses;
(B) Prepare a business impact analysis that describes its
evaluation of the draft rule against the business impact analysis
instrument, that identifies any features that were incorporated
into the draft rule as a result of the evaluation, and that
explains how those features, if there were any, eliminate or
adequately reduce any adverse impact the draft rule might have on
businesses;
(C) Transmit a copy of the full text of the draft rule and
the business impact analysis electronically to the common sense
initiative office, which information shall be made available to
the public on the office's web site in accordance with section
107.62 of the Revised Code;
(D) Consider any recommendations made by the common sense
initiative office with regard to the draft rule, and either
incorporate into the draft rule features the recommendations
suggest will eliminate or reduce any adverse impact the draft rule
might have on businesses or document, in writing, the reasons
those recommendations are not being incorporated into the draft
rule; and
(E) Prepare a memorandum of response identifying features
suggested by any recommendations that were incorporated into the
draft rule and features suggested by any recommendations that were
not incorporated into the draft rule, explaining how the features
that were incorporated into the draft rule eliminate or reduce any
adverse impact the draft rule might have on businesses, and
explaining why the features that were not incorporated into the
draft rule were not incorporated.
An agency may not file a proposed rule for legislative review
under division (D) of section 111.15 or division (H)(C) of section
119.03 of the Revised Code earlier than the sixteenth business day
after electronically transmitting the draft rule to the common
sense initiative office.
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 106.05 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.
The agency shall post its customer service standards, and any
revisions therein, on its web site or, if the agency does not
maintain a web site, on the state public notice web site.
The common sense initiative office, upon the request of an
agency, may review the agency's customer service standards and
transmit any comments it has with regard to the standards to the
agency.
(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 Agency" has the same meaning as
defined in division (I) of section 119.01 106.01 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) (C) of section
119.03 of the Revised Code.
(B) A rule-making An agency shall prepare, in on the form
prescribed designed 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) (C) of
section 119.03 of the Revised Code. The
The joint committee on agency rule review shall design a form
for the rule summary and fiscal analysis
shall include all of.
The form may solicit information such as 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 The rule summary and fiscal analysis form, instead
of or in addition to the foregoing, may solicit 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 division (D) and (E) of section
111.15 or divisions (B) and (H) (C) 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) (C) 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.
Sec. 1531.08. In conformity with Section 36 of Article II,
Ohio Constitution, providing for the passage of laws for the
conservation of the natural resources of the state, including
streams, lakes, submerged lands, and swamplands, and in conformity
with this chapter and Chapter 1533. of the Revised Code, the chief
of the division of wildlife has authority and control in all
matters pertaining to the protection, preservation, propagation,
possession, and management of wild animals and may adopt rules
under section 1531.10 of the Revised Code for the management of
wild animals. Notwithstanding division (B) of section 119.03 of
the Revised Code, such rules in proposed form shall be filed under
this section. Each year there shall be a public fish hearing and
public game hearing. The results of the investigation and public
hearing shall be filed in the office of the chief and shall be
kept open for public inspection during all regular office hours.
Modifying or rescinding such rules does not require a public
hearing.
The chief may adopt, amend, rescind, and enforce rules
throughout the state or in any part or waters thereof as provided
by sections 1531.08 to 1531.12 and other sections of the Revised
Code. The rules shall be filed in proposed form and available at
the central wildlife office and at each of the wildlife district
offices, including the Lake Erie unit located at Sandusky, at
least thirty days prior to the date of the hearing required by
division (C)(D) of section 119.03 of the Revised Code. The rules
shall be based upon a public hearing and investigation of the best
available biological information derived from professionally
accepted practices in wildlife and fisheries management.
Each rule adopted under this section shall clearly and
distinctly describe and set forth the waters or area or part
thereof affected by the rule and whether the rule is applicable to
all wild animals or only to certain kinds of species designated
therein.
The chief may regulate any of the following:
(A) Taking and possessing wild animals, at any time and place
or in any number, quantity, or length, and in any manner, and with
such devices as he the chief prescribes;
(B) Transportation of such animals or any part thereof;
(C) Buying, selling, offering for sale, or exposing for sale
any such animal or part thereof;
(D) Taking, possessing, transporting, buying, selling,
offering for sale, and exposing for sale commercial fish or any
part thereof, including species taken, length, weight, method of
taking, mesh sizes, specifications of nets and other fishing
devices, seasons, and time and place of taking.
When the chief increases the size of a fish named in section
1533.63 of the Revised Code, any fish that were legally taken,
caught, or possessed prior to the increase may be possessed after
the increase if the possession of the fish has been reported to
the chief prior to the increase, but on or after the date of the
increase the fish may not be sold to a buyer in this state.
Sec. 3319.22. (A)(1) The state board of education shall
issue the following educator licenses:
(a) A resident educator license, which shall be valid for
four years, except that the state board, on a case-by-case basis,
may extend the license's duration as necessary to enable the
license holder to complete the Ohio teacher residency program
established under section 3319.223 of the Revised Code;
(b) A professional educator license, which shall be valid for
five years and shall be renewable;
(c) A senior professional educator license, which shall be
valid for five years and shall be renewable;
(d) A lead professional educator license, which shall be
valid for five years and shall be renewable.
(2) The state board may issue any additional educator
licenses of categories, types, and levels the board elects to
provide.
(3) The state board shall adopt rules establishing the
standards and requirements for obtaining each educator license
issued under this section.
(B) The rules adopted under this section shall require at
least the following standards and qualifications for the educator
licenses described in division (A)(1) of this section:
(1) An applicant for a resident educator license shall hold
at least a bachelor's degree from an accredited teacher
preparation program or be a participant in the teach for America
program and meet the qualifications required under section
3319.227 of the Revised Code.
(2) An applicant for a professional educator license shall:
(a) Hold at least a bachelor's degree from an institution of
higher education accredited by a regional accrediting
organization;
(b) Have successfully completed the Ohio teacher residency
program established under section 3319.223 of the Revised Code, if
the applicant's current or most recently issued license is a
resident educator license issued under this section or an
alternative resident educator license issued under section 3319.26
of the Revised Code.
(3) An applicant for a senior professional educator license
shall:
(a) Hold at least a master's degree from an institution of
higher education accredited by a regional accrediting
organization;
(b) Have previously held a professional educator license
issued under this section or section 3319.222 or under former
section 3319.22 of the Revised Code;
(c) Meet the criteria for the accomplished or distinguished
level of performance, as described in the standards for teachers
adopted by the state board under section 3319.61 of the Revised
Code.
(4) An applicant for a lead professional educator license
shall:
(a) Hold at least a master's degree from an institution of
higher education accredited by a regional accrediting
organization;
(b) Have previously held a professional educator license or a
senior professional educator license issued under this section or
a professional educator license issued under section 3319.222 or
former section 3319.22 of the Revised Code;
(c) Meet the criteria for the distinguished level of
performance, as described in the standards for teachers adopted by
the state board under section 3319.61 of the Revised Code;
(d) Either hold a valid certificate issued by the national
board for professional teaching standards or meet the criteria for
a master teacher or other criteria for a lead teacher adopted by
the educator standards board under division (F)(4) or (5) of
section 3319.61 of the Revised Code.
(C) The state board shall align the standards and
qualifications for obtaining a principal license with the
standards for principals adopted by the state board under section
3319.61 of the Revised Code.
(D) If the state board requires any examinations for educator
licensure, the department of education shall provide the results
of such examinations received by the department to the chancellor
of the Ohio board of regents, in the manner and to the extent
permitted by state and federal law.
(E) Any rules the state board of education adopts, amends, or
rescinds for educator licenses under this section, division (D) of
section 3301.07 of the Revised Code, or any other law shall be
adopted, amended, or rescinded under Chapter 119. of the Revised
Code except as follows:
(1) Notwithstanding division (D)(E) of section 119.03 and
division (A)(1) of section 119.04 of the Revised Code, in the case
of the adoption of any rule or the amendment or rescission of any
rule that necessitates institutions' offering preparation programs
for educators and other school personnel that are approved by the
chancellor of the Ohio board of regents under section 3333.048 of
the Revised Code to revise the curriculum of those programs, the
effective date shall not be as prescribed in division (D)(E) of
section 119.03 and division (A)(1) of section 119.04 of the
Revised Code. Instead, the effective date of such rules, or the
amendment or rescission of such rules, shall be the date
prescribed by section 3333.048 of the Revised Code.
(2) Notwithstanding the authority to adopt, amend, or rescind
emergency rules in division (F)(G) of section 119.03 of the
Revised Code, this authority shall not apply to the state board of
education with regard to rules for educator licenses.
(F)(1) The rules adopted under this section establishing
standards requiring additional coursework for the renewal of any
educator license shall require a school district and a chartered
nonpublic school to establish local professional development
committees. In a nonpublic school, the chief administrative
officer shall establish the committees in any manner acceptable to
such officer. The committees established under this division shall
determine whether coursework that a district or chartered
nonpublic school teacher proposes to complete meets the
requirement of the rules. The department of education shall
provide technical assistance and support to committees as the
committees incorporate the professional development standards
adopted by the state board of education pursuant to section
3319.61 of the Revised Code into their review of coursework that
is appropriate for license renewal. The rules shall establish a
procedure by which a teacher may appeal the decision of a local
professional development committee.
(2) In any school district in which there is no exclusive
representative established under Chapter 4117. of the Revised
Code, the professional development committees shall be established
as described in division (F)(2) of this section.
Not later than the effective date of the rules adopted under
this section, the board of education of each school district shall
establish the structure for one or more local professional
development committees to be operated by such school district. The
committee structure so established by a district board shall
remain in effect unless within thirty days prior to an anniversary
of the date upon which the current committee structure was
established, the board provides notice to all affected district
employees that the committee structure is to be modified.
Professional development committees may have a district-level or
building-level scope of operations, and may be established with
regard to particular grade or age levels for which an educator
license is designated.
Each professional development committee shall consist of at
least three classroom teachers employed by the district, one
principal employed by the district, and one other employee of the
district appointed by the district superintendent. For committees
with a building-level scope, the teacher and principal members
shall be assigned to that building, and the teacher members shall
be elected by majority vote of the classroom teachers assigned to
that building. For committees with a district-level scope, the
teacher members shall be elected by majority vote of the classroom
teachers of the district, and the principal member shall be
elected by a majority vote of the principals of the district,
unless there are two or fewer principals employed by the district,
in which case the one or two principals employed shall serve on
the committee. If a committee has a particular grade or age level
scope, the teacher members shall be licensed to teach such grade
or age levels, and shall be elected by majority vote of the
classroom teachers holding such a license and the principal shall
be elected by all principals serving in buildings where any such
teachers serve. The district superintendent shall appoint a
replacement to fill any vacancy that occurs on a professional
development committee, except in the case of vacancies among the
elected classroom teacher members, which shall be filled by vote
of the remaining members of the committee so selected.
Terms of office on professional development committees shall
be prescribed by the district board establishing the committees.
The conduct of elections for members of professional development
committees shall be prescribed by the district board establishing
the committees. A professional development committee may include
additional members, except that the majority of members on each
such committee shall be classroom teachers employed by the
district. Any member appointed to fill a vacancy occurring prior
to the expiration date of the term for which a predecessor was
appointed shall hold office as a member for the remainder of that
term.
The initial meeting of any professional development
committee, upon election and appointment of all committee members,
shall be called by a member designated by the district
superintendent. At this initial meeting, the committee shall
select a chairperson and such other officers the committee deems
necessary, and shall adopt rules for the conduct of its meetings.
Thereafter, the committee shall meet at the call of the
chairperson or upon the filing of a petition with the district
superintendent signed by a majority of the committee members
calling for the committee to meet.
(3) In the case of a school district in which an exclusive
representative has been established pursuant to Chapter 4117. of
the Revised Code, professional development committees shall be
established in accordance with any collective bargaining agreement
in effect in the district that includes provisions for such
committees.
If the collective bargaining agreement does not specify a
different method for the selection of teacher members of the
committees, the exclusive representative of the district's
teachers shall select the teacher members.
If the collective bargaining agreement does not specify a
different structure for the committees, the board of education of
the school district shall establish the structure, including the
number of committees and the number of teacher and administrative
members on each committee; the specific administrative members to
be part of each committee; whether the scope of the committees
will be district levels, building levels, or by type of grade or
age levels for which educator licenses are designated; the lengths
of terms for members; the manner of filling vacancies on the
committees; and the frequency and time and place of meetings.
However, in all cases, except as provided in division (F)(4) of
this section, there shall be a majority of teacher members of any
professional development committee, there shall be at least five
total members of any professional development committee, and the
exclusive representative shall designate replacement members in
the case of vacancies among teacher members, unless the collective
bargaining agreement specifies a different method of selecting
such replacements.
(4) Whenever an administrator's coursework plan is being
discussed or voted upon, the local professional development
committee shall, at the request of one of its administrative
members, cause a majority of the committee to consist of
administrative members by reducing the number of teacher members
voting on the plan.
(G)(1) The department of education, educational service
centers, county boards of developmental disabilities, regional
professional development centers, special education regional
resource centers, college and university departments of education,
head start programs, and the Ohio education computer network may
establish local professional development committees to determine
whether the coursework proposed by their employees who are
licensed or certificated under this section or section 3319.222 of
the Revised Code, or under the former version of either section as
it existed prior to October 16, 2009, meet the requirements of the
rules adopted under this section. They may establish local
professional development committees on their own or in
collaboration with a school district or other agency having
authority to establish them.
Local professional development committees established by
county boards of developmental disabilities shall be structured in
a manner comparable to the structures prescribed for school
districts in divisions (F)(2) and (3) of this section, as shall
the committees established by any other entity specified in
division (G)(1) of this section that provides educational services
by employing or contracting for services of classroom teachers
licensed or certificated under this section or section 3319.222 of
the Revised Code, or under the former version of either section as
it existed prior to October 16, 2009. All other entities specified
in division (G)(1) of this section shall structure their
committees in accordance with guidelines which shall be issued by
the state board.
(2) Any public agency that is not specified in division
(G)(1) of this section but provides educational services and
employs or contracts for services of classroom teachers licensed
or certificated under this section or section 3319.222 of the
Revised Code, or under the former version of either section as it
existed prior to October 16, 2009, may establish a local
professional development committee, subject to the approval of the
department of education. The committee shall be structured in
accordance with guidelines issued by the state board.
Sec. 3319.221. (A) The state board of education shall adopt
rules establishing the standards and requirements for obtaining a
school nurse license and a school nurse wellness coordinator
license. At a minimum, the rules shall require that an applicant
for a school nurse license be licensed as a registered nurse under
Chapter 4723. of the Revised Code.
(B) If the state board requires any examinations for
licensure under this section, the department of education shall
provide the examination results received by the department to the
chancellor of the Ohio board of regents, in the manner and to the
extent permitted by state and federal law.
(C) Any rules for licenses described in this section that the
state board adopts, amends, or rescinds under this section,
division (D) of section 3301.07 of the Revised Code, or any other
law shall be adopted, amended, or rescinded under Chapter 119. of
the Revised Code, except that the authority to adopt, amend, or
rescind emergency rules under division (F)(G) of section 119.03 of
the Revised Code shall not apply to the state board with respect
to rules for licenses described in this section.
(D) Any registered nurse employed by a school district in the
capacity of school nurse on January 1, 1973, or any registered
nurse employed by a city or general health district on January 1,
1973, to serve full-time in the capacity of school nurse in one or
more school districts, shall be considered to have fulfilled the
requirements for the issuance of a school nurse license under this
section.
Sec. 3333.021. As used in this section, "university" means
any college or university that receives a state appropriation.
(A) This division does not apply to proposed rules,
amendments, or rescissions subject to legislative review under
division (I) of section 119.03 106.02 of the Revised Code. No
action taken by the chancellor of the Ohio board of regents that
could reasonably be expected to have an effect on the revenue or
expenditures of any university shall take effect unless at least
two weeks prior to the date on which the action is taken, the
chancellor has filed with the speaker of the house of
representatives, the president of the senate, the legislative
budget office of the legislative service commission, and the
director of budget and management a fiscal analysis of the
proposed action. The analysis shall include an estimate of the
amount by which, during the current and ensuing fiscal biennium,
the action would increase or decrease the university's revenues or
expenditures and increase or decrease any state expenditures and
any other information the chancellor considers necessary to
explain the action's fiscal effect.
(B) Within three days of the date the chancellor files with
the clerk of the senate a proposed rule, amendment, or rescission
that is subject to legislative review and invalidation under
division (I) of section 119.03 106.02 of the Revised Code, the
chancellor shall file with the speaker of the house of
representatives, the president of the senate,
the legislative
budget office of the legislative service commission, and the
director of budget and management a fiscal analysis of the
proposed rule. The analysis shall include an estimate of the
amount by which, during the current and ensuing fiscal biennium,
the action would increase or decrease any university's revenues or
expenditures and increase or decrease state revenues or
expenditures and any other information the chancellor considers
necessary to explain the fiscal effect of the rule, amendment, or
rescission. No rule, amendment, or rescission shall take effect
unless the chancellor has complied with this division.
Sec. 3333.048. (A) Not later than one year after October 16,
2009, the chancellor of the Ohio board of regents and the
superintendent of public instruction jointly shall do the
following:
(1) In accordance with Chapter 119. of the Revised Code,
establish metrics and educator preparation programs for the
preparation of educators and other school personnel and the
institutions of higher education that are engaged in their
preparation. The metrics and educator preparation programs shall
be aligned with the standards and qualifications for educator
licenses adopted by the state board of education under section
3319.22 of the Revised Code and the requirements of the Ohio
teacher residency program established under section 3319.223 of
the Revised Code. The metrics and educator preparation programs
also shall ensure that educators and other school personnel are
adequately prepared to use the value-added progress dimension
prescribed by section 3302.021 of the Revised Code or the
alternative student academic progress measure if adopted under
division (C)(1)(e) of section 3302.03 of the Revised Code.
(2) Provide for the inspection of institutions of higher
education desiring to prepare educators and other school
personnel.
(B) Not later than one year after October 16, 2009, the
chancellor shall approve institutions of higher education engaged
in the preparation of educators and other school personnel that
maintain satisfactory training procedures and records of
performance, as determined by the chancellor.
(C) If the metrics established under division (A)(1) of this
section require an institution of higher education that prepares
teachers to satisfy the standards of an independent accreditation
organization, the chancellor shall permit each institution to
satisfy the standards of either the national council for
accreditation of teacher education or the teacher education
accreditation council.
(D) The metrics and educator preparation programs established
under division (A)(1) of this section may require an institution
of higher education, as a condition of approval by the chancellor,
to make changes in the curricula of its preparation programs for
educators and other school personnel.
Notwithstanding division (D)(E) of section 119.03 and
division (A)(1) of section 119.04 of the Revised Code, any
metrics, educator preparation programs, rules, and regulations, or
any amendment or rescission of such metrics, educator preparation
programs, rules, and regulations, adopted under this section that
necessitate institutions offering preparation programs for
educators and other school personnel approved by the chancellor to
revise the curricula of those programs shall not be effective for
at least one year after the first day of January next succeeding
the publication of the said change.
Each institution shall allocate money from its existing
appropriations to pay the cost of making the curricular changes.
(E) The chancellor shall notify the state board of the
metrics and educator preparation programs established under
division (A)(1) of this section and the institutions of higher
education approved under division (B) of this section. The state
board shall publish the metrics, educator preparation programs,
and approved institutions with the standards and qualifications
for each type of educator license.
(F) The graduates of institutions of higher education
approved by the chancellor shall be licensed by the state board in
accordance with the standards and qualifications adopted under
section 3319.22 of the Revised Code.
Sec. 3345.033. (A) As used in this section:
"Rule" includes the enactment of a new rule or the amendment
or rescission of an existing rule.
"State institution of higher education" means a state
university identified in section 3345.011 of the Revised Code, the
northeast Ohio medical university, or a community college, state
community college, or technical college.
(B) When a state institution of higher education adopts a
rule, the state institution of higher education shall post the
rule on its web site, and the director of the legislative service
commission shall publish or cause publication of the rule in the
register of Ohio and in any electronic Administrative Code
published by or under contract with the director. The state
institution of higher education also electronically shall file a
copy of the rule with the joint committee on agency rule review.
The rule is not subject to review by the joint committee. But the
joint committee shall accommodate the rule to the rule watch
system.
(C) A state institution of higher education shall maintain
the posting of its rules on its web site, and periodically shall
verify the posting. A state institution of higher education is not
entitled to rely on a rule that is not currently posted on its web
site.
Sec. 3701.34. (A) The Ohio public health advisory board shall
review and make recommendations to the director of health on all
of the following:
(1) Developing and adopting proposed rules under Chapters
3701 and 3717 of the Administrative Code;
(2) Prescribing proposed fees for services provided by the
office of vital statistics and the bureau of environmental health;
(3) Issues to improve public health and increase awareness of
public health issues at the state level, local level, or both;
(4) Any other public health issues that the director requests
the board to consider.
(B) In making recommendations to the director under division
(A)(1) of this section, all of the following apply:
(1) Prior to filing a proposed rule with the joint committee
on agency rule review, the department of health shall provide each
board member with a copy of the proposed rule, copies of public
comments received by the department during the public comment
period, and written evidence of stakeholder involvement.
(2) Prior to board meetings, copies of proposed rules shall
be provided to members. On request of a member, the department
shall ensure that appropriate department employees attend board
meetings to answer questions concerning proposed rules.
(3)(a) Not later than sixty days after receiving a copy of a
proposed rule, the board shall recommend approval or disapproval
of the rule and submit its recommendation by board action to the
director. In making its recommendation, the board may consider
public comments provided to the department or the board.
(b) If the board fails to make a recommendation within sixty
days of receiving a copy of the proposed rule, the director may
file the proposed rule.
(4) Except as provided in division (B)(3)(b) of this section,
the director shall consider the board's recommendation before
filing a proposed rule. On request of the board, the director
shall meet with the board to discuss the board's recommendation.
(5) If the director disagrees with the board's
recommendation, the director shall inform the board in writing of
the director's decision and the reason for the decision prior to
the next quarterly meeting. The director or the director's
designee may meet with the board at the next quarterly meeting to
answer questions regarding why the director disagreed with the
board's recommendation.
(C) To the extent the board believes that a proposed rule
does not comply with requirements established by the joint
committee on agency rule review or the common sense initiative
office, nothing in this section prohibits the board, in carrying
out its duties under division (A)(1) of this section, from
contacting the joint committee on agency rule review or the common
sense initiative office.
(D) In making recommendations under division (A)(2) of this
section for prescribing proposed fees for services provided by the
bureau of environmental health, the board and the department shall
develop a cost methodology subject to approval by the director.
(E) This section does not apply to the following:
(1) A proposed rule that is to be refiled with the joint
committee on agency rule review solely because of technical or
other nonsubstantive revisions;
(2) The emergency adoption, amendment, or rescission of a
rule under division (F)(G) of section 119.03 of the Revised Code.
Sec. 3737.88. (A)(1) The fire marshal shall have
responsibility for implementation of the underground storage tank
program and corrective action program for releases of petroleum
from underground storage tanks established by the "Resource
Conservation and Recovery Act of 1976," 90 Stat. 2795, 42 U.S.C.A.
6901, as amended. To implement the programs, the fire marshal may
adopt, amend, and rescind such rules, conduct such inspections,
require annual registration of underground storage tanks, issue
such citations and orders to enforce those rules, enter into
environmental covenants in accordance with sections 5301.80 to
5301.92 of the Revised Code, and perform such other duties, as are
consistent with those programs. The fire marshal, by rule, may
delegate the authority to conduct inspections of underground
storage tanks to certified fire safety inspectors.
(2) In the place of any rules regarding release containment
and release detection for underground storage tanks adopted under
division (A)(1) of this section, the fire marshal, by rule, shall
designate areas as being sensitive for the protection of human
health and the environment and adopt alternative rules regarding
release containment and release detection methods for new and
upgraded underground storage tank systems located in those areas.
In designating such areas, the fire marshal shall take into
consideration such factors as soil conditions, hydrogeology, water
use, and the location of public and private water supplies. Not
later than July 11, 1990, the fire marshal shall file the rules
required under this division with the secretary of state, director
of the legislative service commission, and joint committee on
agency rule review in accordance with divisions (B) and (H)(C) of
section 119.03 of the Revised Code.
(3) Notwithstanding sections 3737.87 to 3737.89 of the
Revised Code, a person who is not a responsible person, as
determined by the fire marshal pursuant to this chapter, may
conduct a voluntary action in accordance with Chapter 3746. of the
Revised Code and rules adopted under it for either of the
following:
(b) A release, other than a class C release, that is subject
to the rules adopted by the fire marshal under division (B) of
section 3737.882 of the Revised Code pertaining to a corrective
action, provided that both of the following apply:
(i) The voluntary action also addresses hazardous substances
or petroleum that is not subject to the rules adopted under
division (B) of section 3737.882 of the Revised Code pertaining to
a corrective action.
(ii) The fire marshal has not issued an administrative order
concerning the release or referred the release to the attorney
general for enforcement.
The director of environmental protection, pursuant to section
3746.12 of the Revised Code, may issue a covenant not to sue to
any person who properly completes a voluntary action with respect
to any such release in accordance with Chapter 3746. of the
Revised Code and rules adopted under it.
(B) Before adopting any rule under this section or section
3737.881 or 3737.882 of the Revised Code, the fire marshal shall
file written notice of the proposed rule with the chairperson of
the state fire council, and, within sixty days after notice is
filed, the council may file responses to or comments on and may
recommend alternative or supplementary rules to the fire marshal.
At the end of the sixty-day period or upon the filing of
responses, comments, or recommendations by the council, the fire
marshal may adopt the rule filed with the council or any
alternative or supplementary rule recommended by the council.
(C) The state fire council may recommend courses of action to
be taken by the fire marshal in carrying out the fire marshal's
duties under this section. The council shall file its
recommendations in the office of the fire marshal, and, within
sixty days after the recommendations are filed, the fire marshal
shall file with the chairperson of the council comments on, and
proposed action in response to, the recommendations.
(D) For the purpose of sections 3737.87 to 3737.89 of the
Revised Code, the fire marshal shall adopt, and may amend and
rescind, rules identifying or listing hazardous substances. The
rules shall be consistent with and equivalent in scope, coverage,
and content to regulations identifying or listing hazardous
substances adopted under the "Comprehensive Environmental
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779,
42 U.S.C.A. 9602, as amended, except that the fire marshal shall
not identify or list as a hazardous substance any hazardous waste
identified or listed in rules adopted under division (A) of
section 3734.12 of the Revised Code.
(E) Except as provided in division (A)(3) of this section,
the fire marshal shall have exclusive jurisdiction to regulate the
storage, treatment, and disposal of petroleum contaminated soil
generated from corrective actions undertaken in response to
releases of petroleum from underground storage tank systems. The
fire marshal may adopt, amend, or rescind such rules as the fire
marshal considers to be necessary or appropriate to regulate the
storage, treatment, or disposal of petroleum contaminated soil so
generated.
(F) The fire marshal shall adopt, amend, and rescind rules
under sections 3737.88 to 3737.883 of the Revised Code in
accordance with Chapter 119. of the Revised Code.
Sec. 3746.04. Within one year after September 28, 1994, the
director of environmental protection, in accordance with Chapter
119. of the Revised Code, shall adopt, and subsequently may amend,
suspend, or rescind, rules that do both of the following:
(A) Revise the rules adopted under Chapters 3704., 3714.,
3734., 6109., and 6111. of the Revised Code to incorporate the
provisions necessary to conform those rules to the requirements of
this chapter. The amended rules adopted under this division also
shall establish response times for all submittals to the
environmental protection agency required under this chapter or
rules adopted under it.
(B) Establish requirements and procedures that are reasonably
necessary for the implementation and administration of this
chapter, including, without limitation, all of the following:
(1) Appropriate generic numerical clean-up standards for the
treatment or removal of soils, sediments, and water media for
hazardous substances and petroleum. The rules shall establish
separate generic numerical clean-up standards based upon the
intended use of properties after the completion of voluntary
actions, including industrial, commercial, and residential uses
and such other categories of land use as the director considers to
be appropriate. The generic numerical clean-up standards
established for each category of land use shall be the
concentration of each contaminant that may be present on a
property that shall ensure protection of public health and safety
and the environment for the reasonable exposure for that category
of land use. When developing the standards, the director shall
consider such factors as all of the following:
(a) Scientific information, including, without limitation,
toxicological information and realistic assumptions regarding
human and environmental exposure to hazardous substances or
petroleum;
(c) Human activity patterns;
(d) Current statistical techniques;
(e) For petroleum at industrial property, alternatives to the
use of total petroleum hydrocarbons.
The generic numerical clean-up standards established in the
rules adopted under division (B)(1) of this section shall be
consistent with and equivalent in scope, content, and coverage to
any applicable standard established by federal environmental laws
and regulations adopted under them, including, without limitation,
the "Federal Water Pollution Control Act Amendments of 1972," 86
Stat. 886, 33 U.S.C.A. 1251, as amended; the "Resource
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.
6921, as amended; the "Toxic Substances Control Act," 90 Stat.
2003 (1976), 15 U.S.C.A. 2601, as amended; the "Comprehensive
Environmental Response, Compensation, and Liability Act of 1980,"
94 Stat. 2779, 42 U.S.C.A. 9601, as amended; and the "Safe
Drinking Water Act," 88 Stat. 1660 (1974), 42 U.S.C.A. 300f, as
amended.
In order for the rules adopted under division (B)(1) of this
section to require that any such federal environmental standard
apply to a property, the property shall meet the requirements of
the particular federal statute or regulation involved in the
manner specified by the statute or regulation.
The generic numerical clean-up standards for petroleum at
commercial or residential property shall be the standards
established in rules adopted under division (B) of section
3737.882 of the Revised Code.
(2)(a) Procedures for performing property-specific risk
assessments that would be performed at a property to demonstrate
that the remedy evaluated in a risk assessment results in
protection of public health and safety and the environment instead
of complying with the generic numerical clean-up standards
established in the rules adopted under division (B)(1) of this
section. The risk assessment procedures shall describe a
methodology to establish, on a property-specific basis, allowable
levels of contamination to remain at a property to ensure
protection of public health and safety and the environment on the
property and off the property when the contamination is emanating
off the property, taking into account all of the following:
(i) The implementation of treatment, storage, or disposal, or
a combination thereof, of hazardous substances or petroleum;
(ii) The existence of institutional controls or activity and
use limitations that eliminate or mitigate exposure to hazardous
substances or petroleum through the restriction of access to
hazardous substances or petroleum;
(iii) The existence of engineering controls that eliminate or
mitigate exposure to hazardous substances or petroleum through
containment of, control of, or restrictions of access to hazardous
substances or petroleum, including, without limitation, fences,
cap systems, cover systems, and landscaping.
(b) The risk assessment procedures and levels of acceptable
risk set forth in the rules adopted under division (B)(2) of this
section shall be based upon all of the following:
(i) Scientific information, including, without limitation,
toxicological information and actual or proposed human and
environmental exposure;
(ii) Locational and climatic factors;
(iii) Surrounding land use and human activities;
(iv) Differing levels of remediation that may be required
when an existing land use is continued compared to when a
different land use follows the remediation.
(c) Any standards established pursuant to rules adopted under
division (B)(2) of this section shall be no more stringent than
standards established under the environmental statutes of this
state and rules adopted under them for the same contaminant in the
same environmental medium that are in effect at the time the risk
assessment is conducted.
(3) Minimum standards for phase I property assessments. The
standards shall specify the information needed to demonstrate that
there is no reason to believe that contamination exists on a
property. The rules adopted under division (B)(3) of this section,
at a minimum, shall require that a phase I property assessment
include all of the following:
(a) A review and analysis of deeds, mortgages, easements of
record, and similar documents relating to the chain of title to
the property that are publicly available or that are known to and
reasonably available to the owner or operator;
(b) A review and analysis of any previous environmental
assessments, property assessments, environmental studies, or
geologic studies of the property and any land within two thousand
feet of the boundaries of the property that are publicly available
or that are known to and reasonably available to the owner or
operator;
(c) A review of current and past environmental compliance
histories of persons who owned or operated the property;
(d) A review of aerial photographs of the property that
indicate prior uses of the property;
(e) Interviews with managers of activities conducted at the
property who have knowledge of environmental conditions at the
property;
(f) Conducting an inspection of the property consisting of a
walkover;
(g) Identifying the current and past uses of the property,
adjoining tracts of land, and the area surrounding the property,
including, without limitation, interviews with persons who reside
or have resided, or who are or were employed, within the area
surrounding the property regarding the current and past uses of
the property and adjacent tracts of land.
The rules adopted under division (B)(3) of this section shall
establish criteria to determine when a phase II property
assessment shall be conducted when a phase I property assessment
reveals facts that establish a reason to believe that hazardous
substances or petroleum have been treated, stored, managed, or
disposed of on the property if the person undertaking the phase I
property assessment wishes to obtain a covenant not to sue under
section 3746.12 of the Revised Code.
(4) Minimum standards for phase II property assessments. The
standards shall specify the information needed to demonstrate that
any contamination present at the property does not exceed
applicable standards or that the remedial activities conducted at
the property have achieved compliance with applicable standards.
The rules adopted under division (B)(4) of this section, at a
minimum, shall require that a phase II property assessment include
all of the following:
(a) A review and analysis of all documentation prepared in
connection with a phase I property assessment conducted within the
one hundred eighty days before the phase II property assessment
begins. The rules adopted under division (B)(4)(a) of this section
shall require that if a period of more than one hundred eighty
days has passed between the time that the phase I assessment of
the property was completed and the phase II assessment begins, the
phase II assessment shall include a reasonable inquiry into the
change in the environmental condition of the property during the
intervening period.
(b) Quality assurance objectives for measurements taken in
connection with a phase II assessment;
(c) Sampling procedures to ensure the representative sampling
of potentially contaminated environmental media;
(d) Quality assurance and quality control requirements for
samples collected in connection with phase II assessments;
(e) Analytical and data assessment procedures;
(f) Data objectives to ensure that samples collected in
connection with phase II assessments are biased toward areas where
information indicates that contamination by hazardous substances
or petroleum is likely to exist.
(5) Standards governing the conduct of certified
professionals, criteria and procedures for the certification of
professionals to issue no further action letters under section
3746.11 of the Revised Code, and criteria for the suspension and
revocation of those certifications. The director shall take an
action regarding a certification as a final action. The issuance,
denial, renewal, suspension, and revocation of those
certifications are subject to Chapter 3745. of the Revised Code,
except that, in lieu of publishing an action regarding a
certification in a newspaper of general circulation as required in
section 3745.07 of the Revised Code, such an action shall be
published on the environmental protection agency's web site and in
the agency's weekly review not later than fifteen days after the
date of the issuance, denial, renewal, suspension, or revocation
of the certification and not later than thirty days before a
hearing or public meeting concerning the action.
The rules adopted under division (B)(5) of this section shall
do all of the following:
(a) Provide for the certification of environmental
professionals to issue no further action letters pertaining to
investigations and remedies in accordance with the criteria and
procedures set forth in the rules. The rules adopted under
division (B)(5)(a) of this section shall do at least all of the
following:
(i) Authorize the director to consider such factors as an
environmental professional's previous performance record regarding
such investigations and remedies and the environmental
professional's environmental compliance history when determining
whether to certify the environmental professional;
(ii) Ensure that an application for certification is reviewed
in a timely manner;
(iii) Require the director to certify any environmental
professional who the director determines complies with those
criteria;
(iv) Require the director to deny certification for any
environmental professional who does not comply with those
criteria.
(b) Establish an annual fee to be paid by environmental
professionals certified pursuant to the rules adopted under
division (B)(5)(a) of this section. The fee shall be established
at an amount calculated to defray the costs to the agency for the
required reviews of the qualifications of environmental
professionals for certification and for the issuance of the
certifications.
(c) Develop a schedule for and establish requirements
governing the review by the director of the credentials of
environmental professionals who were deemed to be certified
professionals under division (D) of section 3746.07 of the Revised
Code in order to determine if they comply with the criteria
established in rules adopted under division (B)(5) of this
section. The rules adopted under division (B)(5)(c) of this
section shall do at least all of the following:
(i) Ensure that the review is conducted in a timely fashion;
(ii) Require the director to certify any such environmental
professional who the director determines complies with those
criteria;
(iii) Require any such environmental professional initially
to pay the fee established in the rules adopted under division
(B)(5)(b) of this section at the time that the environmental
professional is so certified by the director;
(iv) Establish a time period within which any such
environmental professional who does not comply with those criteria
may obtain the credentials that are necessary for certification;
(v) Require the director to deny certification for any such
environmental professional who does not comply with those criteria
and who fails to obtain the necessary credentials within the
established time period.
(d) Require that any information submitted to the director
for the purposes of the rules adopted under division (B)(5)(a) or
(c) of this section comply with division (A) of section 3746.20 of
the Revised Code;
(e) Authorize the director to suspend or revoke the
certification of an environmental professional if the director
finds that the environmental professional's performance has
resulted in the issuance of no further action letters under
section 3746.11 of the Revised Code that are not consistent with
applicable standards or finds that the certified environmental
professional has not substantially complied with section 3746.31
of the Revised Code;
(f) Authorize the director to suspend for a period of not
more than five years or to permanently revoke a certified
environmental professional's certification for any violation of or
failure to comply with an ethical standard established in rules
adopted under division (B)(5) of this section;
(g) Require the director to revoke the certification of an
environmental professional if the director finds that the
environmental professional falsified any information on the
environmental professional's application for certification
regarding the environmental professional's credentials or
qualifications or any other information generated for the purposes
of or use under this chapter or rules adopted under it;
(h) Require the director permanently to revoke the
certification of an environmental professional who has violated or
is violating division (A) of section 3746.18 of the Revised Code;
(i) Preclude the director from revoking the certification of
an environmental professional who only conducts investigations and
remedies at property contaminated solely with petroleum unless the
director first consults with the director of commerce.
(6) Criteria and procedures for the certification of
laboratories to perform analyses under this chapter and rules
adopted under it. The issuance, denial, suspension, and revocation
of those certifications are subject to Chapter 3745. of the
Revised Code, and the director of environmental protection shall
take any such action regarding a certification as a final action.
The rules adopted under division (B)(6) of this section shall
do all of the following:
(a) Provide for the certification to perform analyses of
laboratories in accordance with the criteria and procedures
established in the rules adopted under division (B)(6)(a) of this
section and establish an annual fee to be paid by those
laboratories. The fee shall be established at an amount calculated
to defray the costs to the agency for the review of the
qualifications of those laboratories for certification and for the
issuance of the certifications. The rules adopted under division
(B)(6)(a) of this section may provide for the certification of
those laboratories to perform only particular types or categories
of analyses, specific test parameters or group of test parameters,
or a specific matrix or matrices under this chapter.
(b) Develop a schedule for and establish requirements
governing the review by the director of the operations of
laboratories that were deemed to be certified laboratories under
division (E) of section 3746.07 of the Revised Code in order to
determine if they comply with the criteria established in rules
adopted under division (B)(6) of this section. The rules adopted
under division (B)(6)(b) of this section shall do at least all of
the following:
(i) Ensure that the review is conducted in a timely fashion;
(ii) Require the director to certify any such laboratory that
the director determines complies with those criteria;
(iii) Require any such laboratory initially to pay the fee
established in the rules adopted under division (B)(6)(a) of this
section at the time that the laboratory is so certified by the
director;
(iv) Establish a time period within which any such laboratory
that does not comply with those criteria may make changes in its
operations necessary for the performance of analyses under this
chapter and rules adopted under it in order to be certified by the
director;
(v) Require the director to deny certification for any such
laboratory that does not comply with those criteria and that fails
to make the necessary changes in its operations within the
established time period.
(c) Require that any information submitted to the director
for the purposes of the rules adopted under division (B)(6)(a) or
(b) of this section comply with division (A) of section 3746.20 of
the Revised Code;
(d) Authorize the director to suspend or revoke the
certification of a laboratory if the director finds that the
laboratory's performance has resulted in the issuance of no
further action letters under section 3746.11 of the Revised Code
that are not consistent with applicable standards;
(e) Authorize the director to suspend or revoke the
certification of a laboratory if the director finds that the
laboratory falsified any information on its application for
certification regarding its credentials or qualifications;
(f) Require the director permanently to revoke the
certification of a laboratory that has violated or is violating
division (A) of section 3746.18 of the Revised Code.
(7) Information to be included in a no further action letter
prepared under section 3746.11 of the Revised Code, including,
without limitation, all of the following:
(a) A summary of the information required to be submitted to
the certified environmental professional preparing the no further
action letter under division (C) of section 3746.10 of the Revised
Code;
(b) Notification that a risk assessment was performed in
accordance with rules adopted under division (B)(2) of this
section if such an assessment was used in lieu of generic
numerical clean-up standards established in rules adopted under
division (B)(1) of this section;
(c) The contaminants addressed at the property, if any, their
source, if known, and their levels prior to remediation;
(d) The identity of any other person who performed work to
support the request for the no further action letter as provided
in division (B)(2) of section 3746.10 of the Revised Code and the
nature and scope of the work performed by that person;
(e) A list of the data, information, records, and documents
relied upon by the certified environmental professional in
preparing the no further action letter.
(8) Methods for determining fees to be paid for the following
services provided by the agency under this chapter and rules
adopted under it:
(a) Site- or property-specific technical assistance in
developing or implementing plans in connection with a voluntary
action;
(b) Reviewing applications for and issuing consolidated
standards permits under section 3746.15 of the Revised Code and
monitoring compliance with those permits;
(c) Negotiating, preparing, and entering into agreements
necessary for the implementation and administration of this
chapter and rules adopted under it;
(d) Reviewing no further action letters, issuing covenants
not to sue, and monitoring compliance with any terms and
conditions of those covenants and with operation and maintenance
agreements entered into pursuant to those covenants, including,
without limitation, conducting audits of properties where
voluntary actions are being or were conducted under this chapter
and rules adopted under it.
The fees established pursuant to the rules adopted under
division (B)(8) of this section shall be at a level sufficient to
defray the direct and indirect costs incurred by the agency for
the administration and enforcement of this chapter and rules
adopted under it other than the provisions regarding the
certification of professionals and laboratories.
(9) Criteria for selecting the no further action letters
issued under section 3746.11 of the Revised Code that will be
audited under section 3746.17 of the Revised Code, and the scope
and procedures for conducting those audits. The rules adopted
under division (B)(9) of this section, at a minimum, shall require
the director to establish priorities for auditing no further
action letters to which any of the following applies:
(a) The letter was prepared by an environmental professional
who was deemed to be a certified professional under division (D)
of section 3746.07 of the Revised Code, but who does not comply
with the criteria established in rules adopted under division
(B)(5) of this section as determined pursuant to rules adopted
under division (B)(5)(d) of this section;
(b) The letter was submitted fraudulently;
(c) The letter was prepared by a certified environmental
professional whose certification subsequently was revoked in
accordance with rules adopted under division (B)(5) of this
section, or analyses were performed for the purposes of the no
further action letter by a certified laboratory whose
certification subsequently was revoked in accordance with rules
adopted under division (B)(6) of this section;
(d) A covenant not to sue that was issued pursuant to the
letter was revoked under this chapter;
(e) The letter was for a voluntary action that was conducted
pursuant to a risk assessment in accordance with rules adopted
under division (B)(2) of this section;
(f) The letter was for a voluntary action that included as
remedial activities engineering controls or institutional controls
or activity and use limitations authorized under section 3746.05
of the Revised Code.
The rules adopted under division (B)(9) of this section shall
provide for random audits of no further action letters to which
the rules adopted under divisions (B)(9)(a) to (f) of this section
do not apply.
(10) A classification system to characterize ground water
according to its capability to be used for human use and its
impact on the environment and a methodology that shall be used to
determine when ground water that has become contaminated from
sources on a property for which a covenant not to sue is requested
under section 3746.11 of the Revised Code shall be remediated to
the standards established in the rules adopted under division
(B)(1) or (2) of this section.
(a) In adopting rules under division (B)(10) of this section
to characterize ground water according to its capability for human
use, the director shall consider all of the following:
(i) The presence of legally enforceable, reliable
restrictions on the use of ground water, including, without
limitation, local rules or ordinances;
(ii) The presence of regional commingled contamination from
multiple sources that diminishes the quality of ground water;
(iii) The natural quality of ground water;
(iv) Regional availability of ground water and reasonable
alternative sources of drinking water;
(v) The productivity of the aquifer;
(vi) The presence of restrictions on the use of ground water
implemented under this chapter and rules adopted under it;
(vii) The existing use of ground water.
(b) In adopting rules under division (B)(10) of this section
to characterize ground water according to its impacts on the
environment, the director shall consider both of the following:
(i) The risks posed to humans, fauna, surface water,
sediments, soil, air, and other resources by the continuing
presence of contaminated ground water;
(ii) The availability and feasibility of technology to remedy
ground water contamination.
(11) Governing the application for and issuance of variances
under section 3746.09 of the Revised Code;
(12)(a) In the case of voluntary actions involving
contaminated ground water, specifying the circumstances under
which the generic numerical clean-up standards established in
rules adopted under division (B)(1) of this section and standards
established through a risk assessment conducted pursuant to rules
adopted under division (B)(2) of this section shall be
inapplicable to the remediation of contaminated ground water and
under which the standards for remediating contaminated ground
water shall be established on a case-by-case basis prior to the
commencement of the voluntary action pursuant to rules adopted
under division (B)(12)(b) of this section;
(b) Criteria and procedures for the case-by-case
establishment of standards for the remediation of contaminated
ground water under circumstances in which the use of the generic
numerical clean-up standards and standards established through a
risk assessment are precluded by the rules adopted under division
(B)(12)(a) of this section. The rules governing the procedures for
the case-by-case development of standards for the remediation of
contaminated ground water shall establish application, public
participation, adjudication, and appeals requirements and
procedures that are equivalent to the requirements and procedures
established in section 3746.09 of the Revised Code and rules
adopted under division (B)(11) of this section, except that the
procedural rules shall not require an applicant to make the
demonstrations set forth in divisions (A)(1) to (3) of section
3746.09 of the Revised Code.
(13) A definition of the evidence that constitutes sufficient
evidence for the purpose of division (A)(5) of section 3746.02 of
the Revised Code.
At least thirty days before filing the proposed rules
required to be adopted under this section with the secretary of
state, director of the legislative service commission, and joint
committee on agency rule review in accordance with divisions (B)
and (H)(C) of section 119.03 of the Revised Code, the director of
environmental protection shall hold at least one public meeting on
the proposed rules in each of the five districts into which the
agency has divided the state for administrative purposes.
Sec. 4117.02. (A) There is hereby created the state
employment relations board, consisting of three members to be
appointed by the governor with the advice and consent of the
senate. Members shall be knowledgeable about labor relations or
personnel practices. No more than two of the three members shall
belong to the same political party. A member of the state
employment relations board during the member's period of service
shall hold no other public office or public or private employment
and shall allow no other responsibilities to interfere or conflict
with the member's duties as a full-time state employment relations
board member. Of the initial appointments made to the state
employment relations board, one shall be for a term ending October
6, 1984, one shall be for a term ending October 6, 1985, and one
shall be for a term ending October 6, 1986. Thereafter, terms of
office shall be for six years, each term ending on the same day of
the same month of the year as did the term that it succeeds. Each
member shall hold office from the date of the member's appointment
until the end of the term for which the member is appointed. Any
member appointed to fill a vacancy occurring prior to the
expiration of the term for which the member's predecessor was
appointed shall hold office for the remainder of the term. Any
member shall continue in office subsequent to the expiration of
the member's term until the member's successor takes office or
until a period of sixty days has elapsed, whichever occurs first.
The governor may remove any member of the state employment
relations board, upon notice and public hearing, for neglect of
duty or malfeasance in office, but for no other cause.
(B)(1) The governor shall designate one member of the state
employment relations board to serve as chairperson of the state
employment relations board. The chairperson is the head of the
state employment relations board and its chief executive officer.
(2) The chairperson shall exercise all administrative powers
and duties conferred upon the state employment relations board
under this chapter and shall do all of the following:
(a) Employ, promote, supervise, and remove all employees of
the state employment relations board, and establish, change, or
abolish positions and assign or reassign the duties of those
employees as the chairperson determines necessary to achieve the
most efficient performance of the duties of the state employment
relations board under this chapter;
(b) Determine the utilization by the state personnel board of
review of employees of the state employment relations board as
necessary for the state personnel board of review to exercise the
powers and perform the duties of the state personnel board of
review.
(c) Maintain the office of the state employment relations
board in Columbus and manage the office's daily operations,
including securing offices, facilities, equipment, and supplies
necessary to house the state employment relations board, employees
of the state employment relations board, the state personnel board
of review, and files and records under the control of the state
employment relations board and under the control of the state
personnel board of review;
(d) Prepare and submit to the office of budget and management
a budget for each biennium according to section 107.03 of the
Revised Code, and include in the budget the costs of the state
employment relations board and its staff and the costs of the
state employment relations board in discharging any duty imposed
by law upon the state employment relations board, the chairperson,
or any of the employees or agents of the state employment
relations board, and the costs of the state personnel board of
review in discharging any duty imposed by law on the state
personnel board of review or an agent of the state personnel board
of review.
(C) The vacancy on the state employment relations board does
not impair the right of the remaining members to exercise all the
powers of the state employment relations board, and two members of
the state employment relations board, at all times, constitute a
quorum. The state employment relations board shall have an
official seal of which courts shall take judicial notice.
(D) The state employment relations board shall make an annual
report in writing to the governor and to the general assembly,
stating in detail the work it has done.
(E) Compensation of the chairperson and members shall be in
accordance with division (J) of section 124.15 of the Revised
Code. The chairperson and the members are eligible for
reappointment. In addition to such compensation, all members shall
be reimbursed for their necessary expenses incurred in the
performance of their work as members.
(F)(1) The chairperson, after consulting with the other state
employment relations board members and receiving the consent of at
least one other board member, shall appoint an executive director.
The chairperson also shall appoint attorneys and shall appoint an
assistant executive director who shall be an attorney admitted to
practice law in this state and who shall serve as a liaison to the
attorney general on legal matters before the state employment
relations board.
(2) The state employment relations board shall appoint
members of fact-finding panels and shall prescribe their job
duties.
(G)(1) The executive director shall serve at the pleasure of
the chairperson. The executive director, under the direction of
the chairperson, shall do all of the following:
(a) Act as chief administrative officer for the state
employment relations board;
(b) Ensure that all employees of the state employment
relations board comply with the rules of the state employment
relations board;
(c) Do all things necessary for the efficient and effective
implementation of the duties of the state employment relations
board.
(2) The duties of the executive director described in
division (G)(1) of this section do not relieve the chairperson
from final responsibility for the proper performance of the duties
described in that division.
(H) The attorney general shall be the legal adviser of the
state employment relations board and shall appear for and
represent the state employment relations board and its agents in
all legal proceedings. The state employment relations board may
utilize regional, local, or other agencies, and utilize voluntary
and uncompensated services as needed. The state employment
relations board may contract with the federal mediation and
conciliation service for the assistance of mediators, arbitrators,
and other personnel the service makes available. The chairperson
shall appoint all employees on the basis of training, practical
experience, education, and character, notwithstanding the
requirements established by section 119.09 of the Revised Code.
The chairperson shall give special regard to the practical
training and experience that employees have for the particular
position involved. The executive director, assistant executive
director, administrative law judges, employees holding a fiduciary
or administrative relation to the state employment relations board
as described in division (A)(9) of section 124.11 of the Revised
Code, and the personal secretaries and assistants of the state
employment relations board members are in the unclassified
service. All other full-time employees of the state employment
relations board are in the classified service. All employees of
the state employment relations board shall be paid in accordance
with Chapter 124. of the Revised Code.
(I) The chairperson shall select and assign administrative
law judges and other agents whose functions are to conduct
hearings with due regard to their impartiality, judicial
temperament, and knowledge. If in any proceeding under this
chapter, any party prior to five days before the hearing thereto
files with the state employment relations board a sworn statement
charging that the administrative law judge or other agent
designated to conduct the hearing is biased or partial in the
proceeding, the state employment relations board may disqualify
the person and designate another administrative law judge or agent
to conduct the proceeding. At least ten days before any hearing,
the state employment relations board shall notify all parties to a
proceeding of the name of the administrative law judge or agent
designated to conduct the hearing.
(J) The principal office of the state employment relations
board is in Columbus, but it may meet and exercise any or all of
its powers at any other place within the state. The state
employment relations board may, by one or more of its employees,
or any agents or agencies it designates, conduct in any part of
this state any proceeding, hearing, investigation, inquiry, or
election necessary to the performance of its functions; provided,
that no person so designated may later sit in determination of an
appeal of the decision of that cause or matter.
(K) In addition to the powers and functions provided in other
sections of this chapter, the state employment relations board
shall do all of the following:
(1) Create a bureau of mediation within the state employment
relations board, to perform the functions provided in section
4117.14 of the Revised Code. This bureau shall also establish,
after consulting representatives of employee organizations and
public employers, panels of qualified persons to be available to
serve as members of fact-finding panels and arbitrators.
(2) Conduct studies of problems involved in representation
and negotiation and make recommendations for legislation;
(3) Hold hearings pursuant to this chapter and, for the
purpose of the hearings and inquiries, administer oaths and
affirmations, examine witnesses and documents, take testimony and
receive evidence, compel the attendance of witnesses and the
production of documents by the issuance of subpoenas, and delegate
these powers to any members of the state employment relations
board or any administrative law judge employed by the state
employment relations board for the performance of its functions;
(4) Train representatives of employee organizations and
public employers in the rules and techniques of collective
bargaining procedures;
(5) Make studies and analyses of, and act as a clearinghouse
of information relating to, conditions of employment of public
employees throughout the state and request assistance, services,
and data from any public employee organization, public employer,
or governmental unit. Public employee organizations, public
employers, and governmental units shall provide such assistance,
services, and data as will enable the state employment relations
board to carry out its functions and powers.
(6) Make available to employee organizations, public
employers, mediators, fact-finding panels, arbitrators, and joint
study committees statistical data relating to wages, benefits, and
employment practices in public and private employment applicable
to various localities and occupations to assist them to resolve
issues in negotiations;
(7) Notwithstanding section 119.13 of the Revised Code,
establish standards of persons who practice before it;
(8) Adopt, amend, and rescind rules and procedures and
exercise other powers appropriate to carry out this chapter.
Before the adoption, amendment, or rescission of rules and
procedures under this section, the state employment relations
board shall do all of the following:
(a) Maintain a list of interested public employers and
employee organizations and mail notice to such groups of any
proposed rule or procedure, amendment thereto, or rescission
thereof at least thirty days before any public hearing thereon;
(b) Mail a copy of each proposed rule or procedure, amendment
thereto, or rescission thereof to any person who requests a copy
within five days after receipt of the request therefor;
(c) Consult with appropriate statewide organizations
representing public employers or employees who would be affected
by the proposed rule or procedure.
Although the state employment relations board is expected to
discharge these duties diligently, failure to mail any notice or
copy, or to so consult with any person, is not jurisdictional and
shall not be construed to invalidate any proceeding or action of
the state employment relations board.
(L) In case of neglect or refusal to obey a subpoena issued
to any person, the court of common pleas of the county in which
the investigation or the public hearing occurs, upon application
by the state employment relations board, may issue an order
requiring the person to appear before the state employment
relations board and give testimony about the matter under
investigation. The court may punish a failure to obey the order as
contempt.
(M) Any subpoena, notice of hearing, or other process or
notice of the state employment relations board issued under this
section may be served personally, by certified mail, or by leaving
a copy at the principal office or personal residence of the
respondent required to be served. A return, made and verified by
the individual making the service and setting forth the manner of
service, is proof of service, and a return post office receipt,
when certified mail is used, is proof of service. All process in
any court to which application is made under this chapter may be
served in the county wherein the persons required to be served
reside or are found.
(N) All expenses of the state employment relations board,
including all necessary traveling and subsistence expenses
incurred by the members or employees of the state employment
relations board under its orders, shall be paid pursuant to
itemized vouchers approved by the chairperson of the state
employment relations board, the executive director, or both, or
such other person as the chairperson designates for that purpose.
(O) Whenever the state employment relations board determines
that a substantial controversy exists with respect to the
application or interpretation of this chapter and the matter is of
public or great general interest, the state employment relations
board shall certify its final order directly to the court of
appeals having jurisdiction over the area in which the principal
office of the public employer directly affected by the application
or interpretation is located. The chairperson shall file with the
clerk of the court a certified copy of the transcript of the
proceedings before the state employment relations board pertaining
to the final order. If upon hearing and consideration the court
decides that the final order of the state employment relations
board is unlawful or is not supported by substantial evidence on
the record as a whole, the court shall reverse and vacate the
final order or modify it and enter final judgment in accordance
with the modification; otherwise, the court shall affirm the final
order. The notice of the final order of the state employment
relations board to the interested parties shall contain a
certification by the chairperson of the state employment relations
board that the final order is of public or great general interest
and that a certified transcript of the record of the proceedings
before the state employment relations board had been filed with
the clerk of the court as an appeal to the court. For the purposes
of this division, the state employment relations board has
standing to bring its final order properly before the court of
appeals.
(P) Except as otherwise specifically provided in this
section, the state employment relations board is subject to
Chapter 119. of the Revised Code, including the procedure for
submission of proposed rules to the general assembly for
legislative review under division (H)(C) of section 119.03 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. 5103.0325. Notwithstanding division (B) of section
119.032 106.03 of the Revised Code, the department of job and
family services shall review once every two years the department's
rules governing visits and contacts by a public children services
agency or private child placing agency with a child in the
agency's custody and placed in foster care in this state. The
department shall adopt rules in accordance with Chapter 119. of
the Revised Code to ensure compliance with the department's rules
governing agency visits and contacts with a child in its custody.
Sec. 5117.02. (A) The director of development shall adopt
rules, or amendments and rescissions of rules, pursuant to section
4928.52 of the Revised Code, for the administration of the Ohio
energy credit program under sections 5117.01 to 5117.12 of the
Revised Code.
(B) As a means of efficiently administering the program, the
director may extend, by as much as a total of thirty days, any
date specified in such sections for the performance of a
particular action by an individual or an officer.
(C)(1) Except as provided in division (C)(2) of this section,
the director shall adopt, in accordance with divisions (A), (B),
(C), (D), (E), and (H)(F) of section 119.03 and section 119.04 of
the Revised Code, whatever rules, or amendments or rescissions of
rules are required by or are otherwise necessary to implement
sections 5117.01 to 5117.12 of the Revised Code. A rule,
amendment, or rescission adopted under this division is not exempt
from the hearing requirements of section 119.03 of the Revised
Code pursuant to division (G)(H) of that section, or subject to
section 111.15 of the Revised Code.
(2) If an emergency necessitates the immediate adoption of a
rule, or the immediate adoption of an amendment or rescission of a
rule that is required by or otherwise necessary to implement
sections 5117.01 to 5117.12 of the Revised Code, the director
immediately may adopt the emergency rule, amendment, or rescission
without complying with division (A), (B), (C), (D), (E), or (H)(F)
of section 119.03 of the Revised Code so long as the
commissioner
director states the reasons for the necessity in the emergency
rule, amendment, or rescission. The emergency rule, amendment, or
rescission is effective on the day the emergency rule, amendment,
or rescission, in final form and in compliance with division
(A)(2) of section 119.04 of the Revised Code, is filed in
electronic form with the secretary of state, the director of the
legislative service commission, and the joint committee on agency
rule review. If all filings are not completed on the same day, the
emergency rule, amendment, or rescission is effective on the day
on which the latest filing is completed. An emergency rule,
amendment, or rescission adopted under this division is not
subject to section 111.15 or division (F)(G) of section 119.03 of
the Revised Code. An emergency rule, amendment, or rescission
adopted under this division continues in effect until amended or
rescinded by the director in accordance with division (C)(1) or
(2) of this section, except that the rescission of an emergency
rescission does not revive the rule rescinded.
(D) Except where otherwise provided, each form, application,
notice, and the like used in fulfilling the requirements of
sections 5117.01 to 5117.12 of the Revised Code shall be approved
by the director.
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.
Sec. 6111.31. All substantive wetland, stream, or lake
mitigation standards, criteria, scientific methods, processes, or
other procedures or policies that are used in a uniform manner by
the director of environmental protection in evaluating the
adequacy of a mitigation proposal contained in an application for
a section 401 water quality certification shall be adopted and
reviewed in accordance with sections 119.03 and 119.032 106.03 of
the Revised Code before those standards, criteria, or scientific
methods have the force of law. Until that time, any such
mitigation standards, criteria, scientific methods, processes, or
other procedures or policies that are used by or approved for use
by the director to evaluate, measure, or determine the success,
approval, or denial of a mitigation proposal, but that have not
been subject to review under sections 119.03 and 119.032 106.03 of
the Revised Code shall not be used as the basis for any
certification or permit denial or as a standard applied to
mitigation unless the applicant has been notified in advance that
additional mitigation standards, criteria, scientific methods,
processes, or procedures will be considered as part of the review
process.
Sec. 6111.51. (A)(1) The director of environmental protection
shall adopt rules that establish criteria for three levels of
credible data related to surface water monitoring and assessment.
The rules pertaining to each level shall establish requirements
for data assessment, sample collection and analytical methods, and
quality assurance and quality control procedures that must be
followed in order to classify data as credible at that level. The
rules shall provide that level three credible data are collected
by employing the most stringent methods and procedures, level two
credible data are collected using methods and procedures that are
less stringent than methods and procedures used to collect level
three credible data, but more stringent than methods and
procedures used to collect level one, and level one credible data
are collected by employing the least stringent methods and
procedures.
The requirements established in the rules for each level of
credible data shall be commensurate with, and no more stringent
than necessary to support, the purposes for which the data will be
used. In adopting rules under this section, the director shall
consider the cost of data collection methods and procedures to
persons or entities collecting data, and the burden of compliance
with those methods and procedures for those persons or entities,
while ensuring the degree of accuracy commensurate with the
purpose for which the data will be used. No data shall be
classified as credible data unless they have been collected in
compliance with the applicable methods and procedures for
collecting the data established in rules adopted under this
section.
(2) The director shall file the rules required to be adopted
under division (A)(1) of this section with the secretary of state,
the director of the legislative service commission, and the joint
committee on agency rule review in accordance with divisions (B)
and (H)(C) of section 119.03 of the Revised Code not later than
one year after the effective date of this section October 21,
2003. As soon as practicable thereafter, the director shall
proceed to adopt the rules in accordance with all other applicable
provisions of Chapter 119. of the Revised Code.
(B)(1) Level three credible data shall be used for the
purposes specified in section 6111.52 of the Revised Code.
(2) Levels two and three credible data shall be used for the
purpose of evaluating the effectiveness of pollution controls for
point sources and nonpoint sources and initial screening of water
quality problems to determine if additional study is needed.
(3) Levels one, two, and three credible data shall be used
for public awareness and education activities.
(C) No data shall be considered credible unless the data
originate from studies and samples collected by the environmental
protection agency, its contractors, federal or state environmental
agencies, or qualified data collectors. However, data submitted
pursuant to the requirements of a permit issued by an agency of
the state or submitted as a result of findings and orders issued
by the director or pursuant to a court order shall be considered
credible unless the director identifies reasons why the data are
not credible.
(D) If the director has obtained credible data for a surface
water, the director also may use historical data for the purpose
of determining whether any water quality trends exist for that
surface water.
(E) Sections 6111.50 to 6111.56 of the Revised Code do not
apply to civil or criminal enforcement actions brought under
section 6111.07 of the Revised Code.
(F) The director's use of credible data shall be consistent
with the Federal Water Pollution Control Act.
(G) Nothing in sections 6111.50 to 6111.56 of the Revised
Code is an exception to statutory, common, or municipal law of
trespass.
Section 2. That existing sections 101.35, 103.0511, 107.52,
107.53, 107.54, 107.55, 107.62, 107.63, 111.15, 119.01, 119.03,
119.04, 121.39, 121.73, 121.74, 121.81, 121.82, 121.83, 121.91,
127.18, 1531.08, 3319.22, 3319.221, 3333.021, 3333.048, 3701.34,
3737.88, 3746.04, 4117.02, 4141.14, 5103.0325, 5117.02, 5703.14,
6111.31, and 6111.51 of the Revised Code are repealed.
Section 3. That sections 119.031 and 119.032 of the Revised
Code are repealed.
Section 4. Sections 106.02, 106.021, 106.022, 106.04, and
106.041 of the Revised Code are a continuation, although with
revisions, of former division (I) of section 119.03 of the Revised
Code.
Division (C) of section 119.03 of the Revised Code is a
continuation, although with revisions, of former division (H) of
that section.
Sections 106.03 and 106.031 of the Revised Code are a
continuation, although with revisions, of former section 119.032
of the Revised Code.
The seventh paragraph of section 106.01 of the Revised Code
is a continuation, although with revisions, of division (A)(3)(b)
of former section 119.03 of the Revised Code.
Section 5. (A) As used in this section:
"Rule" has the meaning defined in section 3345.033 of the
Revised Code. "Rule" does not include a rule that has been adopted
in compliance with that section.
"State institution of higher education" has the meaning
defined in section 3345.033 of the Revised Code.
(B) As soon as possible, but not later than the date that is
six months after the effective date of this section, a state
institution of higher education shall post each of its currently
existing rules on its web site, and shall re-file its currently
existing rules with the Director of the Legislative Service
Commission and the Joint Committee on Agency Rule Review.
If the state institution of higher education previously has
posted its currently existing rules on its web site, the
institution as soon as possible, but not later than six months
after the effective date of this section, shall verify the
posting.
The re-filing of a state institution of higher education's
current existing rules is not subject to review by the Joint
Committee or by the Director. But the Joint Committee shall
accommodate the re-filed rules to the rule watch system. And the
Director shall publish the re-filed rules in the Register of Ohio,
and shall publish or cause publication of the re-filed rules in
any electronic Administrative Code published by or under contract
with the Director.
The last sentence of section 3345.033 of the Revised Code
does not apply until the state institution of higher education has
posted all its currently effective rules on its web site, or the
date that is six months and one day after the effective date of
this section, whichever occurs first.
(C) Existing rules previously filed with the Director are
insufficient to comply with division (B) of this section. Rather,
the re-filing of all currently existing rules with the Director
and Joint Committee is required to achieve compliance with that
division. A state institution of higher education is not entitled
to rely on a rule that is required to be re-filed under division
(B) of this section and that has not been so re-filed.
Section 6. 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 the
date that is one month after the effective date of this section.
Section 7. As used in this section:
"Fine" means a fine, penalty, or other pecuniary punishment.
"State agency" means an agency as defined in sections 111.15
and 119.01 of the Revised Code.
The Director of Budget and Management shall conduct a review
of all fines imposed or levied by state agencies for the purpose
of administering or enforcing statutes. The review shall address
the following topics: authority to impose or levy the fine, the
disposition of revenue generated from imposition or levy of the
fine, accounting practices employed in the receipt and disposition
of revenue generated from imposition or levy of the fine, and the
purposes for which revenue generated from imposition or levy of
the fine is used.
Not later than February 1, 2015, the Director shall report
the findings of the review and make recommendations in writing to
the Governor, the President of the Senate, and the Speaker of the
House of Representatives.
Section 8. The date by which the periodic review of an
existing rule is to be completed has been referred to as its
"119.032 review date." The Revised Code section referred to is the
number of the Revised Code section under which periodic review of
existing rules formerly was carried out. Because of the
recodification of that former section by this act, periodic review
of existing rules is to be carried out under sections 106.03 and
106.031 of the Revised Code. A reference to the "119.032 review
date" of a rule therefore shall be read as if it referred to
periodic review of the rule under sections 106.03 and 106.031 of
the Revised Code.
It is recommended that the date by which the periodic review
of an existing rule is to be completed be referred to as its
"periodic review date."
Section 9. Legislative Information Systems, in consultation
with the Director of the Legislative Service Commission, the
Executive Director of the Joint Committee on Agency Rule Review,
the Common Sense Initiative Office, and any other person or agency
involved in the electronic rule filing system, shall program or
reprogram the electronic rule filing system as necessary to enable
electronic filing and other electronic processing of rules and
rule-making documents as required by this act. Legislative
Information Systems shall complete the programming or
reprogramming as soon as reasonably possible after the effective
date of this section but not later than the day that is nine
months after that effective date.
If at the time a provision of this act that contemplates
electronic filing or other electronic processing of rules or
rule-making documents takes effect, electronic filing or other
electronic processing is not available, the provision shall be
complied with manually until electronic filing or other electronic
processing is available.
Section 10. (A) Sections 106.02, 106.021, and 106.022 of the
Revised Code do not apply to a proposed rule or revised proposed
rule that was filed under division (D) of section 111.15 or former
division (H) of section 119.03 of the Revised Code and, on the
effective date of this section, is pending before the Joint
Committee on Agency Rule Review for review under former division
(I) of section 119.03 of the Revised Code. The Joint Committee
shall review the proposed rule or revised proposed rule under
former division (I) of section 119.03 of the Revised Code as if
the division had not been repealed.
(B) Sections 106.03 and 106.031 of the Revised Code do not
apply to an existing rule that was filed under former section
119.032 of the Revised Code and, on the effective date of this
section, is pending before the Joint Committee on Agency Rule
Review for review under that former section. The Joint Committee
shall review the existing rule under former section 119.032 of the
Revised Code as if the section had not been repealed.
Section 11. 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 following sections,
presented in this act as composites of the sections as amended by
the acts indicated, are the resulting versions of the sections in
effect prior to the effective date of the sections as presented in
this act:
Section 5117.02 of the Revised Code 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.
Section 5703.14 of the Revised Code 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.
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