| Section 1. That sections 101.35, 103.0511, 111.15, 117.20, | 18 |
|
119.03,
121.39, 122.08, 122.081, and 122.94 be
amended
and | 19 |
|
sections 121.25, 121.251, 121.252, 121.253,
121.254, 121.255, | 20 |
|
121.256, and 121.257 of the Revised Code be enacted to
read as | 21 |
|
follows: | 22 |
| Sec. 101.35. There is hereby created in the general
assembly | 23 |
|
the joint committee on agency rule review. The
committee
shall | 24 |
|
consist of five members
of the house of
representatives and
five | 25 |
|
members of
the senate. Within fifteen
days after the
commencement | 26 |
|
of the first regular session of each
general
assembly, the | 27 |
|
speaker
of the house of representatives shall
appoint
the | 28 |
|
members of the
committee from the house of
representatives,
and | 29 |
|
the president of
the senate shall appoint
the members of the | 30 |
|
committee from the
senate.
Not more than three
of the
members | 31 |
|
from
each house shall
be of the same political
party. In the | 32 |
|
first
regular session of a
general assembly, the
chairperson
of | 33 |
|
the committee shall be
appointed by the speaker of
the house | 34 |
|
from
among the house members
of the committee, and the | 35 |
|
vice-chairperson
shall be appointed by
the president of the | 36 |
|
senate from among the
senate members of the
committee. In the | 37 |
|
second regular session
of a general assembly,
the chairperson | 38 |
|
shall be
appointed by the president of the senate
from among the | 39 |
|
senate
members of the
committee, and the
vice-chairperson shall | 40 |
|
be appointed by the speaker of the
house
from among the house | 41 |
|
members of the
committee. The chairperson,
vice-chairperson, and | 42 |
|
members of the committee
shall serve until
their respective | 43 |
|
successors are
appointed or until they are no
longer members of | 44 |
|
the general
assembly. When a vacancy occurs
among the officers or | 45 |
|
members of
the committee, it shall be filled
in the same manner | 46 |
|
as the
original appointment. | 47 |
| Notwithstanding section 101.26 of the Revised Code, the | 48 |
|
members, when engaged in their duties as members of the
committee | 49 |
|
on days when there is not a voting session of the
member's house | 50 |
|
of
the general assembly, shall be paid at the per diem rate
of one | 51 |
|
hundred
fifty dollars, and their necessary traveling expenses, | 52 |
|
which
shall be paid from the funds appropriated for the payment of | 53 |
|
expenses of legislative committees. | 54 |
| The committee has the same powers as other standing or
select | 55 |
|
committees of the general assembly. Six members
constitute a | 56 |
|
quorum, and the concurrence of six members is
required for the | 57 |
|
recommendation of a concurrent resolution
invalidating a proposed | 58 |
|
or effective rule, amendment, rescission,
or part thereof, or for | 59 |
|
the suspension of a rule, amendment,
rescission, or part thereof, | 60 |
under division (I) of section 119.03
or section 119.031 of the | 61 |
|
Revised Code. | 62 |
| When a member of the committee is absent, the president or | 63 |
|
speaker, as the
case may be, may designate a substitute from the | 64 |
|
same house and political
party as the absent member. The | 65 |
|
substitute shall serve on the committee in
the member's absence, | 66 |
|
and is entitled to perform the duties of
a member of the | 67 |
|
committee. For serving on the committee, the substitute shall
be | 68 |
|
paid the same per diem and necessary traveling expenses as the | 69 |
|
substitute
would be entitled to receive if the substitute were a | 70 |
|
member of the committee. | 71 |
| The president or speaker shall inform the executive
director | 72 |
|
of the committee of a substitution. If the executive
director | 73 |
|
learns of a substitution sufficiently in advance of the
meeting of | 74 |
|
the committee the substitute is to attend, the
executive director | 75 |
|
shall publish notice of the substitution on
the internet, make | 76 |
|
reasonable effort to inform of the
substitution persons who are | 77 |
|
known to the executive director to
be interested in rules that are | 78 |
|
scheduled for review at the
meeting, and inform of the | 79 |
|
substitution persons who inquire of
the executive director | 80 |
|
concerning the meeting. | 81 |
| (C) Each agency that files rules and
other rule-making and | 101 |
|
rule-related documents with the legislative service
commission, | 102 |
|
the joint committee on agency rule review, the governor, the | 103 |
secretary of state, the office of small businessOhio small | 104 |
|
business ombudsperson, the general
assembly, or a
committee of | 105 |
|
the senate or house of representatives
under section 111.15, | 106 |
117.20, 119.03, 119.031, 119.032, 119.0311,
119.04, 121.24, | 107 |
| 121.254, 121.39, 127.18,
4141.14, 5117.02, or
5703.14 of the | 108 |
|
Revised
Code or any other statute; | 109 |
| (1) "Rule" includes any rule, regulation, bylaw, or
standard | 119 |
|
having a general and uniform operation adopted by an
agency under | 120 |
|
the authority of the laws governing the agency; any
appendix to a | 121 |
|
rule; and any internal management rule. "Rule"
does not include | 122 |
|
any guideline adopted pursuant to section
3301.0714 of the Revised | 123 |
|
Code, any order respecting the duties of
employees, any finding, | 124 |
|
any determination of a question of law or
fact in a matter | 125 |
|
presented to an agency, or any rule promulgated
pursuant to | 126 |
|
Chapter 119., section 4141.14, division (C)(1) or (2)
of section | 127 |
|
5117.02, or section 5703.14 of the Revised Code.
"Rule" includes | 128 |
|
any amendment or rescission of a rule. | 129 |
| (2) "Agency" means any governmental entity of the state
and | 130 |
|
includes, but is not limited to, any board, department,
division, | 131 |
|
commission, bureau, society, council, institution,
state college | 132 |
|
or university, community college district,
technical college | 133 |
|
district, or state community college. "Agency"
does not include | 134 |
|
the general assembly, the controlling board,
the adjutant | 135 |
|
general's department, or
any court. | 136 |
| An agency that adopts or amends a rule that is subject to | 154 |
|
division
(D) of this section shall assign a review
date to the | 155 |
|
rule that is not later than five years after its effective date.
| 156 |
|
If no review date is assigned to a rule, or if a review date | 157 |
|
assigned to a
rule exceeds the five-year maximum, the review date | 158 |
|
for the rule is
five years after its effective date. A rule with
a | 159 |
|
review date is
subject to review under section 119.032 of the | 160 |
|
Revised Code. This paragraph does not apply to a rule of a
state | 161 |
|
college or university, community college district, technical | 162 |
|
college
district, or state community college. | 163 |
| If all filings are not completed on the same day, the rule | 164 |
|
shall
be effective on the tenth day after the day on which the | 165 |
|
latest
filing is completed. If an agency in adopting a rule | 166 |
|
designates an
effective date that is later than the effective date | 167 |
|
provided for
by division (B)(1) of this section, the rule if filed | 168 |
|
as required
by such division shall become effective on the later | 169 |
|
date
designated by the agency. | 170 |
| (2) A rule of an emergency nature necessary for the
immediate | 178 |
|
preservation of the public peace, health, or safety
shall state | 179 |
|
the reasons for the necessity. The
emergency rule, in
final form | 180 |
|
and in compliance with division
(B)(3) of this section,
shall be | 181 |
|
filed in electronic
form
with the
secretary of state, the
director | 182 |
|
of the legislative service
commission, and
the joint
committee on | 183 |
|
agency rule review. The
emergency rule is effective
immediately | 184 |
|
upon completion of the latest filing,
except that if
the agency in | 185 |
|
adopting the emergency rule
designates an effective
date, or date | 186 |
|
and time of day, that is
later than the effective
date and time | 187 |
|
provided for by division
(B)(2) of this section, the
emergency | 188 |
|
rule if filed as required
by such division shall become
effective | 189 |
|
at the later date, or
later date and time of day,
designated by | 190 |
|
the agency. | 191 |
| An emergency rule becomes invalid at the end of the
ninetieth | 192 |
|
day it is in effect. Prior to that date, the agency
may file the | 193 |
|
emergency rule as a nonemergency rule in compliance
with division | 194 |
|
(B)(1) of this section. The agency may not refile
the emergency | 195 |
|
rule in compliance with division (B)(2) of this
section so that, | 196 |
|
upon the emergency rule becoming invalid under
such division, the | 197 |
|
emergency rule will continue in effect without
interruption for | 198 |
|
another ninety-day period. | 199 |
| (C) All rules filed pursuant to divisions (B)(1)(a) and
(2) | 220 |
|
of this section shall be recorded by the secretary of state
and | 221 |
|
the director under the title of the agency adopting the rule
and | 222 |
|
shall be numbered according to the numbering system devised
by the | 223 |
|
director. The secretary of state and the director shall
preserve | 224 |
|
the rules in an accessible manner. Each such rule shall
be a | 225 |
|
public record open to public inspection and may be transmitted to | 226 |
|
any law publishing company that wishes to reproduce it. | 227 |
| (D) At least sixty-five days before a board, commission, | 228 |
|
department, division, or bureau of the government of the state | 229 |
|
files a rule under division (B)(1) of this section, it shall file | 230 |
|
the full text of the proposed rule in electronic form
with the | 231 |
|
joint
committee on agency rule review, and the proposed rule
is | 232 |
|
subject to legislative review and invalidation under division (I) | 233 |
|
of section 119.03 of the Revised Code. If a state board, | 234 |
|
commission, department, division, or bureau makes a substantive | 235 |
|
revision in a proposed rule after it is filed with the joint | 236 |
|
committee, the state board, commission, department,
division, or | 237 |
|
bureau shall promptly file the full text of
the
proposed rule in | 238 |
|
its revised form in electronic form
with the joint committee. The | 239 |
|
latest version of a proposed rule as filed with the joint | 240 |
|
committee supersedes each earlier version of the text
of the same | 241 |
|
proposed rule. Except as provided in division (F) of this
section, | 242 |
|
a state board, commission, department, division, or
bureau shall | 243 |
|
also file the rule summary and fiscal
analysis
prepared under | 244 |
section 121.24 or 127.18 of the Revised
Code, or
both, in | 245 |
|
electronic form along with a proposed
rule, and
along
with a | 246 |
|
proposed rule in revised form, that is filed under this
division. | 247 |
| (2) A rule proposed under section 1121.05, 1121.06, 1155.18, | 258 |
|
1163.22,
1349.33, 1707.201, 1733.412,
4123.29, 4123.34, 4123.341, | 259 |
|
4123.342,
4123.40,
4123.411, 4123.44,
or
4123.442 of the Revised | 260 |
|
Code; | 261 |
| (6) An initial rule proposed by the director of health to | 277 |
|
impose safety standards and quality-of-care standards with respect | 278 |
|
to a
health service specified in section
3702.11 of the Revised | 279 |
|
Code,
or an initial rule proposed by the director to
impose | 280 |
|
quality
standards on a facility listed in division (A)(4) of | 281 |
|
section
3702.30 of the Revised Code, if section 3702.12 of the | 282 |
|
Revised
Code requires
that the rule be adopted under this section; | 283 |
| (E) Whenever a state board, commission, department,
division, | 291 |
|
or bureau files a proposed rule or a proposed rule in
revised form | 292 |
|
under division (D) of this section, it shall also
file the full | 293 |
|
text of the same proposed rule or
proposed rule in
revised form in | 294 |
|
electronic form with
the secretary of state and
the director of | 295 |
|
the legislative service
commission. Except as
provided in division | 296 |
|
(F) of this section,
a state board,
commission, department, | 297 |
|
division, or bureau shall
file the rule
summary and fiscal | 298 |
analysis prepared
under section 121.24 or
127.18 of the Revised | 299 |
Code, or both, in electronic form
along with
a proposed rule or | 300 |
|
proposed rule in revised form
that is filed
with the secretary of | 301 |
|
state or the director of the
legislative
service commission. | 302 |
| (F) Except as otherwise provided in this division, the | 303 |
|
auditor of state or the auditor of state's designee is not | 304 |
|
required
to file a rule
summary and fiscal analysis along with a | 305 |
|
proposed rule, or
proposed rule in revised form, that the auditor | 306 |
|
of state proposes
under section
117.12, 117.19, 117.38, or 117.43 | 307 |
|
of the Revised Code and files
under division (D) or (E) of this | 308 |
section. If, however, the
auditor of state or the designee | 309 |
prepares a rule summary and
fiscal analysis of the original | 310 |
version of such a proposed rule
for purposes of complying with | 311 |
section 121.24 of the Revised
Code, the auditor of state or | 312 |
designee shall file the
rule summary and fiscal
analysis in | 313 |
electronic form along with the original
version of the proposed | 314 |
rule filed under division (D) or (E) of this section. | 315 |
| (d) Conduct, on the date and at the time and place
designated | 335 |
|
in the notice, a public hearing at which any person
affected by | 336 |
|
the proposed rule, including statewide organizations
of local | 337 |
|
government officials, may appear and be heard in person,
by | 338 |
|
attorney, or both, and may present the person's or
organization's | 339 |
|
position or
contentions orally or in writing. | 340 |
| (2) Except as otherwise provided in division (A)(2) of
this | 341 |
|
section, comply with divisions (B) to (E) of section 111.15
of the | 342 |
|
Revised Code. The auditor of state is not required to
file a rule | 343 |
|
summary and fiscal analysis along with any copy of a
proposed | 344 |
|
rule, or proposed rule in revised form, that is filed
with the | 345 |
|
joint committee on agency rule review, the secretary of
state, or | 346 |
|
the director of the legislative service commission
under division | 347 |
(D) or (E) of section 111.15 of the Revised Code;
however, if the | 348 |
auditor of state or the auditor of state's
designee prepares a | 349 |
rule
summary and fiscal analysis of the original version of a | 350 |
proposed
rule for purposes of complying with section 121.24 of the | 351 |
Revised
Code, the auditor of state or designee shall file a copy | 352 |
of
the rule summary and fiscal
analysis in electronic form along | 353 |
with the original
version of the proposed
rule filed under | 354 |
division (D) or (E) of section
111.15 of
the Revised Code. | 355 |
| (C) Notwithstanding any contrary provision of the Revised | 361 |
|
Code, the auditor of state may prepare and disseminate, to public | 362 |
|
offices and other interested persons and organizations, advisory | 363 |
|
bulletins, directives, and instructions relating to accounting
and | 364 |
|
financial reporting systems, budgeting procedures, fiscal | 365 |
|
controls, and the constructions by the auditor of state of | 366 |
|
constitutional and statutory provisions, court decisions, and | 367 |
|
opinions of the attorney general. The bulletins, directives, and | 368 |
|
instructions shall be of an advisory nature only. | 369 |
| (B) The full text of the proposed rule,
amendment, or rule
to | 401 |
|
be rescinded, accompanied by
the public notice required under | 402 |
|
division (A) of this section,
shall be filed in electronic form | 403 |
|
with the secretary of
state and
with
the director of the | 404 |
|
legislative service commission. (If in
compliance with this | 405 |
|
division an agency files more than one
proposed rule, amendment, | 406 |
|
or rescission at the same time, and has
prepared a public notice | 407 |
|
under division (A) of this
section
that
applies to more than one | 408 |
|
of the proposed rules, amendments, or
rescissions, the agency | 409 |
|
shall file only one notice
with the secretary of state and
with | 410 |
|
the director for all of the proposed rules, amendments, or | 411 |
|
rescissions to which the notice applies.) The proposed rule, | 412 |
|
amendment, or rescission and public notice shall be filed as | 413 |
|
required by this division at least sixty-five days prior to the | 414 |
|
date
on which the agency, in accordance with division (D) of this | 415 |
|
section, issues an order adopting the proposed rule, amendment,
or | 416 |
|
rescission. | 417 |
| If the agency files a substantive revision in the text of the | 427 |
|
proposed rule, amendment, or rescission under division (H) of
this | 428 |
|
section, it shall also promptly file the full
text of the proposed | 429 |
|
rule, amendment, or rescission in its
revised form in electronic | 430 |
|
form with the secretary of
state and
with the director of the | 431 |
|
legislative service commission. | 432 |
| The
agency shall file the rule summary and fiscal
analysis | 433 |
prepared under section 121.24 or 127.18 of the Revised
Code, or | 434 |
both,
in electronic form along with a proposed rule,
amendment,
or | 435 |
|
rescission or proposed rule, amendment, or rescission
in revised | 436 |
|
form that is filed with the secretary of state or the
director of | 437 |
|
the legislative service commission. | 438 |
| (C) On the date and at the time and place designated in
the | 445 |
|
notice, the agency shall conduct a public hearing at which
any | 446 |
|
person affected by the proposed action of the agency may
appear | 447 |
|
and be heard in person, by the person's attorney, or
both, may | 448 |
|
present the person's position, arguments, or contentions,
orally | 449 |
|
or in
writing, offer and examine witnesses, and present evidence | 450 |
|
tending to show that the proposed rule, amendment, or rescission, | 451 |
|
if adopted or effectuated, will be unreasonable or unlawful.
An | 452 |
|
agency may permit persons affected by the proposed
rule, | 453 |
|
amendment, or rescission to present their positions,
arguments, or | 454 |
|
contentions in writing, not only at the hearing,
but also for a | 455 |
|
reasonable period before, after, or both before
and after the | 456 |
|
hearing. A person who presents a position or
arguments or | 457 |
|
contentions in writing before or after the hearing
is not required | 458 |
|
to appear at the hearing. | 459 |
| (D) After complying with divisions (A), (B), (C), and (H)
of | 469 |
|
this section, and when the time for legislative review and | 470 |
|
invalidation under division (I) of this section has expired, the | 471 |
|
agency may issue an order adopting the proposed rule or the | 472 |
|
proposed amendment or rescission of the rule, consistent with the | 473 |
|
synopsis or general statement included in the public notice. At | 474 |
|
that time the agency shall designate the effective date of the | 475 |
|
rule, amendment, or rescission, which shall not be earlier than | 476 |
|
the tenth day after the rule, amendment, or rescission has been | 477 |
|
filed in its final form as provided in section 119.04 of the | 478 |
|
Revised Code. | 479 |
| (F) If the governor, upon the request of an agency, | 485 |
|
determines that an emergency requires the immediate adoption, | 486 |
|
amendment, or rescission of a rule, the governor shall issue
an | 487 |
|
order, the text of which shall be filed in electronic
form with | 488 |
|
the agency, the secretary of
state, the director of the | 489 |
|
legislative service commission, and
the joint committee on agency | 490 |
|
rule review, that the procedure
prescribed by this section with | 491 |
|
respect to the adoption,
amendment, or rescission of a specified | 492 |
|
rule is suspended. The
agency may then adopt immediately the | 493 |
|
emergency rule, amendment,
or rescission and it becomes effective | 494 |
|
on the date the
rule, amendment, or rescission, in final form and | 495 |
|
in compliance
with division (A)(2) of section 119.04 of the | 496 |
Revised Code, areis filed in electronic form
with the secretary | 497 |
|
of
state, the director of the legislative service commission,
and | 498 |
|
the
joint committee on agency rule
review. If all filings are not | 499 |
|
completed on the same day, the
emergency rule, amendment, or | 500 |
|
rescission shall be effective on
the day on which the latest | 501 |
|
filing is completed. The director shall
publish the full text of | 502 |
|
the emergency rule, amendment, or rescission in the
register of | 503 |
|
Ohio. | 504 |
| The emergency rule,
amendment, or rescission shall become | 505 |
|
invalid at the end of the
ninetieth day it is in effect. Prior to | 506 |
|
that date the agency may
adopt the emergency rule, amendment, or | 507 |
|
rescission as a
nonemergency rule, amendment, or rescission by | 508 |
|
complying with the
procedure prescribed by this section for the | 509 |
|
adoption, amendment,
and rescission of nonemergency rules. The | 510 |
|
agency shall not use
the procedure of this division to readopt the | 511 |
|
emergency rule,
amendment, or rescission so that, upon the | 512 |
|
emergency rule,
amendment, or rescission becoming invalid under | 513 |
|
this division,
the emergency rule, amendment, or rescission will | 514 |
|
continue in
effect without interruption for another ninety-day | 515 |
|
period, except when division (I)(2)(a) of this section prevents | 516 |
|
the agency from adopting the emergency rule, amendment, or | 517 |
|
rescission as a nonemergency rule, amendment, or rescission within | 518 |
|
the ninety-day period. | 519 |
| (G) Rules adopted by an authority within the department of | 523 |
|
job and family services for the administration or
enforcement of | 524 |
|
Chapter 4141. of the Revised Code or of the
department of taxation | 525 |
|
shall be
effective
without a hearing as provided by this section | 526 |
|
if the statutes
pertaining to such agency specifically give a | 527 |
|
right of appeal to
the board of tax appeals or to a higher | 528 |
|
authority within the
agency or to a court, and also give the | 529 |
|
appellant a right to a
hearing on such appeal. This division does | 530 |
|
not apply to the
adoption of any rule, amendment, or rescission by | 531 |
|
the tax
commissioner under division (C)(1) or (2) of section | 532 |
|
5117.02 of
the Revised Code, or deny the right to file an action | 533 |
|
for
declaratory judgment as provided in Chapter 2721. of the | 534 |
|
Revised
Code from the decision of the board of tax appeals or of | 535 |
|
the
higher authority within such agency. | 536 |
| (H) When any agency files a proposed rule, amendment, or | 537 |
|
rescission under division (B) of this section, it shall also file | 538 |
|
in electronic form
with the joint committee on agency rule review | 539 |
|
the
full text of the proposed rule, amendment, or rule to be | 540 |
|
rescinded in the same form and the public notice
required under | 541 |
|
division (A) of this section. (If in compliance
with this
division | 542 |
|
an agency files more than one proposed rule,
amendment,
or | 543 |
|
rescission at the same time, and has given a public
notice
under | 544 |
|
division (A) of this section that applies to more
than one
of the | 545 |
|
proposed rules, amendments, or rescissions, the
agency
shall file | 546 |
|
only one notice with the joint
committee for all of the
proposed | 547 |
|
rules, amendments, or
rescissions to which the notice
applies.) If | 548 |
|
the agency makes a
substantive revision in a
proposed rule, | 549 |
|
amendment, or rescission
after it is filed with the
joint | 550 |
|
committee, the agency shall
promptly file the full text of
the | 551 |
|
proposed rule,
amendment, or rescission in its revised form
in | 552 |
|
electronic form
with the joint
committee. The latest version of a | 553 |
|
proposed rule, amendment, or
rescission as filed with the joint | 554 |
|
committee supersedes each
earlier version of the text of the same | 555 |
|
proposed rule, amendment,
or rescission. An agency shall file the | 556 |
rule
summary and fiscal analysis prepared under section 121.24 or | 557 |
127.18 of the Revised Code, or both,
in electronic form
along with | 558 |
|
a proposed
rule, amendment, or rescission, and along with a | 559 |
|
proposed
rule, amendment, or rescission in revised form, that is | 560 |
|
filed
under this division. | 561 |
| The joint committee shall promptly file a notice in | 562 |
|
electronic form with the Ohio small business ombudsperson of the | 563 |
|
filing under this division of a proposed rule, amendment, or | 564 |
|
rescission, or of a proposed rule, amendment, or rescission in | 565 |
|
revised form, that previously was filed with the ombudsperson | 566 |
|
under section 121.254 of the Revised Code. | 567 |
| If a rule or amendment is exempt from legislative review | 580 |
|
under
division (H)(2) of this section, and if the federal law or | 581 |
|
rule
pursuant to which the rule or amendment was adopted expires, | 582 |
|
is
repealed or rescinded, or otherwise terminates, the rule or | 583 |
|
amendment, or its rescission, is thereafter subject to legislative | 584 |
|
review under division (H) of this section. | 585 |
| (e) That the
proposed rule, amendment, or rescission | 604 |
|
incorporates a text or
other material by
reference and either the | 605 |
|
rule-making agency has
failed to file
the
text or other material | 606 |
|
incorporated by
reference as required by section 121.73 of
the | 607 |
|
Revised Code
or, in
the case of a proposed rule or amendment, the | 608 |
|
incorporation by
reference fails to meet
the
standards stated
in | 609 |
|
section 121.72,
121.75, or 121.76 of the
Revised
Code; or | 610 |
| The house of representatives and senate may adopt a | 617 |
|
concurrent resolution invalidating a proposed rule, amendment, | 618 |
|
rescission, or part thereof. The concurrent resolution shall
state | 619 |
|
which of the specific rules, amendments, rescissions, or
parts | 620 |
|
thereof are invalidated. A concurrent resolution
invalidating a | 621 |
|
proposed rule, amendment, or rescission shall be
adopted not later | 622 |
|
than the sixty-fifth day after the
original
version of
the text of | 623 |
|
the proposed rule, amendment, or rescission
is filed
with the | 624 |
|
joint committee, except that if more than
thirty-five days
after | 625 |
|
the original version is filed the
rule-making agency either
files | 626 |
|
a revised version of the text of
the proposed rule,
amendment, or | 627 |
|
rescission, or revises the rule
summary and fiscal
analysis in | 628 |
|
accordance with division (I)(4) of
this section, a
concurrent | 629 |
|
resolution invalidating the proposed
rule, amendment,
or | 630 |
|
rescission shall be adopted not later than the
thirtieth day after | 631 |
|
the revised version of the proposed rule or
rule summary and | 632 |
|
fiscal analysis is filed. If, after the joint
committee on
agency | 633 |
|
rule review recommends the adoption of a
concurrent
resolution | 634 |
|
invalidating a proposed rule, amendment,
rescission,
or part | 635 |
|
thereof, the house of representatives or
senate does not,
within | 636 |
|
the time remaining for adoption of the
concurrent
resolution, hold | 637 |
|
five floor sessions at which its
journal records
a roll call vote | 638 |
|
disclosing a sufficient number of
members in
attendance to pass a | 639 |
|
bill, the time within which that
house may
adopt the concurrent | 640 |
|
resolution is extended until it has
held
five such floor sessions. | 641 |
| Within five days after the adoption of a concurrent | 642 |
|
resolution invalidating a proposed rule, amendment, rescission,
or | 643 |
|
part thereof, the clerk of the senate shall send the
rule-making | 644 |
|
agency, the secretary of state, and the director of
the | 645 |
|
legislative service commission in electronic form a
certified text | 646 |
|
of the
resolution together with a certification stating the date | 647 |
|
on
which the resolution takes effect. The secretary of state and | 648 |
|
the director of the legislative service commission shall each
note | 649 |
|
the invalidity of the proposed rule, amendment, rescission,
or | 650 |
|
part thereof, and shall each remove
the invalid
proposed rule, | 651 |
|
amendment, rescission, or part thereof from the
file of proposed | 652 |
|
rules. The rule-making agency shall not proceed
to adopt in | 653 |
|
accordance with division (D) of this section, or to
file in | 654 |
|
accordance with division (B)(1) of section 111.15 of the
Revised | 655 |
|
Code, any version of a proposed rule, amendment,
rescission, or | 656 |
|
part thereof that has been invalidated by
concurrent resolution. | 657 |
| Unless the house of representatives and senate adopt a | 658 |
|
concurrent resolution invalidating a proposed rule, amendment, | 659 |
|
rescission, or part thereof within the time specified by this | 660 |
|
division, the rule-making agency may proceed to adopt in | 661 |
|
accordance with division (D) of this section, or to file in | 662 |
|
accordance with division (B)(1) of section 111.15 of the Revised | 663 |
|
Code, the latest version of the proposed rule, amendment, or | 664 |
|
rescission as filed with the joint committee. If by concurrent | 665 |
|
resolution certain of the rules, amendments, rescissions, or
parts | 666 |
|
thereof are specifically invalidated, the rule-making
agency may | 667 |
|
proceed to adopt, in accordance with division (D) of
this section, | 668 |
|
or to file in accordance with division (B)(1) of
section 111.15 of | 669 |
|
the Revised Code, the latest version of the
proposed rules, | 670 |
|
amendments, rescissions, or parts thereof as
filed with the joint | 671 |
|
committee that are not specifically
invalidated. The rule-making | 672 |
|
agency may not revise or amend any
proposed rule, amendment, | 673 |
|
rescission, or part thereof that has
not been invalidated except | 674 |
|
as provided in this chapter or in
section 111.15 of the Revised | 675 |
|
Code. | 676 |
| (2)(a) A proposed rule, amendment, or rescission that is | 677 |
|
filed with the joint committee under division (H) of this section | 678 |
|
or division (D) of section 111.15 of the Revised Code shall be | 679 |
|
carried over for legislative review to the next succeeding
regular | 680 |
|
session of the general assembly if the original or any
revised | 681 |
|
version of the proposed rule, amendment, or rescission is
filed | 682 |
|
with the joint committee on or after the first day of
December of | 683 |
|
any year. | 684 |
| (b) The latest version of any proposed rule, amendment, or | 685 |
|
rescission that is subject to division (I)(2)(a) of this section, | 686 |
|
as filed with the joint committee, is subject to legislative | 687 |
|
review and invalidation in the next succeeding regular session of | 688 |
|
the general assembly in the same manner as if it were the
original | 689 |
|
version of a proposed rule, amendment, or rescission
that had been | 690 |
|
filed with the joint committee for the first time
on the first day | 691 |
|
of the session. A rule-making agency shall not
adopt in
accordance | 692 |
|
with division (D) of this section, or file in
accordance with | 693 |
|
division (B)(1) of section 111.15 of the Revised
Code, any version | 694 |
|
of a proposed rule, amendment, or rescission
that is subject to | 695 |
|
division (I)(2)(a) of this section until the
time for legislative | 696 |
|
review and invalidation, as contemplated by
division (I)(2)(b) of | 697 |
|
this section, has expired. | 698 |
| (3) Invalidation of any version of a proposed rule, | 699 |
|
amendment, rescission, or part thereof by concurrent resolution | 700 |
|
shall prevent the rule-making agency from instituting or | 701 |
|
continuing proceedings to adopt any version of the same proposed | 702 |
|
rule, amendment, rescission, or part thereof for the duration of | 703 |
|
the general assembly that invalidated the proposed rule, | 704 |
|
amendment, rescission, or part thereof unless the same general | 705 |
|
assembly adopts a concurrent resolution permitting the
rule-making | 706 |
|
agency to institute or continue such proceedings. | 707 |
| The failure of the general assembly to invalidate a
proposed | 708 |
|
rule, amendment, rescission, or part thereof under this
section | 709 |
|
shall not be construed as a ratification of the
lawfulness or | 710 |
|
reasonableness of the proposed rule, amendment,
rescission, or any | 711 |
|
part thereof or of the validity of the
procedure by which the | 712 |
|
proposed rule, amendment, rescission, or
any part thereof was | 713 |
|
proposed or adopted. | 714 |
| (4) In lieu of recommending a concurrent resolution to | 715 |
|
invalidate a proposed rule, amendment, rescission, or part
thereof | 716 |
|
because the rule-making agency has failed to prepare a
complete | 717 |
|
and accurate fiscal analysis, the joint committee on
agency rule | 718 |
|
review may issue, on a one-time basis, for rules,
amendments, | 719 |
|
rescissions, or parts thereof that have a fiscal
effect on school | 720 |
|
districts, counties, townships, or municipal
corporations, a | 721 |
|
finding that the rule summary and fiscal
analysis is incomplete or | 722 |
|
inaccurate and order the rule-making
agency to revise the rule | 723 |
|
summary and fiscal analysis and refile
it with the proposed rule, | 724 |
|
amendment, rescission, or part
thereof. If an emergency rule is | 725 |
|
filed as a nonemergency rule
before the end of the ninetieth day | 726 |
|
of the emergency rule's
effectiveness, and the joint committee | 727 |
|
issues a finding and
orders the rule-making agency to refile under | 728 |
|
division (I)(4) of
this section, the governor may also issue an | 729 |
|
order stating
that the emergency rule shall remain in effect for | 730 |
|
an additional
sixty days after the ninetieth day of the emergency | 731 |
|
rule's
effectiveness. The governor's orders shall be
filed in | 732 |
|
accordance with division (F) of this section. The joint
committee | 733 |
|
shall send
in electronic form to
the rule-making agency, the | 734 |
|
secretary of
state, and the director of the legislative service | 735 |
|
commission a
certified text of the finding and order to revise the | 736 |
|
rule summary and
fiscal
analysis, which shall take immediate | 737 |
|
effect. | 738 |
| An order issued under division (I)(4) of this
section shall | 739 |
|
prevent the rule-making agency from instituting or
continuing | 740 |
|
proceedings to adopt any version of the proposed rule,
amendment, | 741 |
|
rescission, or part thereof until the rule-making
agency revises | 742 |
|
the rule summary and fiscal analysis and refiles
it
in electronic | 743 |
|
form
with the joint committee along with the proposed rule, | 744 |
|
amendment, rescission, or part thereof. If the joint committee | 745 |
|
finds the rule summary and fiscal analysis to be complete and | 746 |
|
accurate, the joint committee shall issue a new order
noting that | 747 |
|
the rule-making agency has revised and refiled a
complete and | 748 |
|
accurate rule summary and fiscal analysis. The
joint committee | 749 |
|
shall send
in electronic form
to the rule-making agency, the | 750 |
|
secretary
of state, and the director of the legislative service | 751 |
|
commission
a certified text of this new order. The secretary of | 752 |
|
state and
the director of the legislative service commission shall | 753 |
|
each
link this order to the proposed rule,
amendment, rescission, | 754 |
|
or part thereof. The rule-making agency
may then proceed to adopt | 755 |
|
in accordance with division (D) of this
section, or to file in | 756 |
|
accordance with division (B)(1) of section
111.15 of the Revised | 757 |
|
Code, the proposed rule, amendment,
rescission, or part thereof | 758 |
|
that was subject to the finding and order under
division (I)(4) of | 759 |
|
this section. If the
joint committee determines that the revised | 760 |
|
rule summary and
fiscal analysis is still inaccurate or | 761 |
|
incomplete, the joint
committee shall recommend the adoption of a | 762 |
|
concurrent resolution in
accordance with division (I)(1) of this | 763 |
|
section. | 764 |
| Sec. 121.251. If a rule-making agency intends to adopt a rule | 775 |
|
on or after January 1, 2010,
that, if adopted, may have any | 776 |
|
adverse impact on small businesses,
the
rule-making agency shall | 777 |
|
comply with sections 121.252 to
121.256 of the Revised Code | 778 |
|
before
filing
the rule under
division (D) of section 111.15 or | 779 |
|
divisions (B) and
(H) of section 119.03
of the Revised Code. The | 780 |
|
duty defined in this paragraph first applies with regard to the | 781 |
|
original version of a rule and then with regard to each revised | 782 |
|
version of the rule. | 783 |
| Sections 121.252 to 121.256 of the Revised
Code do not apply | 784 |
|
to an emergency rule adopted under division
(B)(2) of section | 785 |
|
111.15 or division (F) of section 119.03 of the
Revised Code. But | 786 |
|
sections 121.252 to 121.256 of the Revised Code
apply to a | 787 |
|
nonemergency
rule that is intended to be filed under division | 788 |
|
(B)(1) of section 111.15 or divisions (B) and (H) of
section | 789 |
|
119.03
of the Revised Code to replace an emergency rule that | 790 |
|
expires
under division (B)(2) of section 111.15 or division (F) | 791 |
|
of section
119.03 of the Revised Code. | 792 |
| Sec. 121.253. (A) The rule-making agency shall incorporate | 827 |
|
into the rule features the cost-benefit analysis indicates will | 828 |
|
reduce the cost and increase the benefit of the rule to small | 829 |
|
businesses, and features the regulatory flexibility analysis | 830 |
|
indicates will reduce any adverse impact the rule may have on | 831 |
|
small businesses. In both cases, the rule-making agency shall | 832 |
|
incorporate features into the rule only if they are feasible and | 833 |
|
not if doing so would be contrary to the statutory objectives that | 834 |
|
are the basis for the rule. | 835 |
| (B) During the period beginning on the day notice of the | 870 |
|
right to comment is first published in the register of Ohio and | 871 |
|
ending thirty days thereafter, any person may comment to the | 872 |
|
ombudsperson concerning any
adverse impact the rule may have on | 873 |
|
small
businesses. The ombudsperson shall establish and maintain, | 874 |
|
or
participate in, a web site having features that enable persons | 875 |
|
to
comment electronically. And the ombudsperson shall establish a | 876 |
|
toll-free telephone number persons may call to make comments. The | 877 |
|
telephone answering point shall be equipped to record comments | 878 |
|
that are called in. | 879 |
| (2) The ombudsperson shall forthwith cause the report to be | 885 |
|
published in
the register
of
Ohio and shall file the report in | 886 |
|
electronic
form with the
rule-making agency that filed the rule | 887 |
|
and with the
small
business regulatory review board. At the same | 888 |
|
time, the
ombudsperson
shall file in electronic form with the | 889 |
|
board the
full text of the
rule, the cost-benefit report, and | 890 |
|
the regulatory flexibility report. | 891 |
| Sec. 121.256. (A)(1) Within thirty days after receiving a | 896 |
|
report
from the Ohio small business ombudsperson, the small | 897 |
|
business
regulatory review board may hold a meeting at which it | 898 |
|
shall
review the report, the rule that is the subject of
the | 899 |
|
report, the cost-benefit report,
and the regulatory flexibility | 900 |
|
report,
and
shall determine whether the rule-making agency that | 901 |
|
filed the
rule
has complied with sections 121.252, 121.253, and | 902 |
|
121.254 of the
Revised
Code. | 903 |
|
(2) The board may conduct a public hearing on the
rule, at | 904 |
|
which any person having an interest in the rule
may appear and | 905 |
|
offer comments on, or objections to, the rule insofar as it may | 906 |
|
have any adverse impact on
small businesses. The
board shall | 907 |
|
cause notice of such a public
hearing to be published in the | 908 |
|
register
of Ohio at
least seven days before the
date
set for | 909 |
|
the hearing.
In the
notice, the board shall state
the date
and | 910 |
|
time when, and
the
place where, the public hearing
will be | 911 |
|
held. | 912 |
|
(B)(1) If the board finds that a rule-making agency, in | 913 |
|
regard to a rule, has failed to comply with section 121.252, | 914 |
|
121.253, or 121.254 of
the Revised Code, the board shall issue in | 915 |
|
writing a
determination
of noncompliance that states the | 916 |
|
determination and
explains why
the rule fails to comply with | 917 |
|
those
sections. The
board may include in the determination of | 918 |
|
noncompliance suggested
changes in the rule that will
bring the | 919 |
|
rule into compliance with
sections
121.252 and 121.253 of
the | 920 |
|
Revised Code. | 921 |
| (2) If the rule-making agency proceeds to file the rule under | 929 |
|
division (B)(1) of section 111.15 or divisions (B) and (H) of | 930 |
|
section 119.03 of the Revised Code, the rule-making agency shall | 931 |
|
file with
the joint committee on agency rule
review the board's | 932 |
|
determination, the
full text of the rule, the ombudsperson's | 933 |
|
report, the cost-benefit
report,
and the regulatory flexibility | 934 |
|
report. | 935 |
| (D) If the board, within thirty days after receiving the | 936 |
|
ombudsperson's report, does not
issue a determination to the | 937 |
|
rule-making agency, the board, in
electronic form, shall return | 938 |
|
to the rule-making agency the full
text of the rule, the | 939 |
|
cost-benefit report, and the regulatory flexibility report. The | 940 |
|
board shall note on the rule that it has not issued a | 941 |
|
determination with regard to the rule. The rule-making agency then | 942 |
|
may proceed to file the rule under division (B)(1) of section | 943 |
|
111.15 or divisions (B) and (H) of section 119.03 of the Revised | 944 |
|
Code, but only if the rule that is so filed is substantially | 945 |
|
similar to the rule that was filed with the ombudsperson. | 946 |
| (1) Protection of human health or safety, biological | 971 |
|
resources, or natural resources by preventing, reducing, or | 972 |
|
remediating the pollution or degradation of air, land, or water | 973 |
|
resources or by preventing or limiting the exposure of humans, | 974 |
|
animals, or plants to pollution; | 975 |
| (B) Except as otherwise provided in division (E) of this | 984 |
|
section, when
proposed legislation dealing with environmental | 985 |
|
protection or containing a component dealing with environmental | 986 |
|
protection is
referred to a committee of the general assembly, | 987 |
|
other than a committee on
rules or reference, the sponsor of the | 988 |
|
legislation, at the time of the
first hearing of the legislation | 989 |
|
before the committee, shall submit to
the members of the committee | 990 |
|
a written statement identifying
either the documentation that is | 991 |
|
the basis of the legislation or
the federal requirement or | 992 |
|
requirements with which the
legislation is intended to comply. If | 993 |
|
the legislation is not
based on documentation or has not been | 994 |
|
introduced to comply with
a federal requirement or requirements, | 995 |
|
the written statement
from the sponsor shall so indicate. | 996 |
| At any hearing of the legislation before the committee, a | 1003 |
|
representative of
any state agency, environmental advocacy | 1004 |
|
organization, or consumer advocacy
organization or any private | 1005 |
|
citizen may present documentation containing an
estimate of the | 1006 |
|
monetary and other costs to public health and safety and the | 1007 |
|
environment and to consumers and residential utility customers, | 1008 |
|
and the
effects on property values, if the legislation is not | 1009 |
|
enacted. | 1010 |
| (C) Until such time as the statement required under division | 1011 |
|
(B) of this section is submitted to the committee to which | 1012 |
|
proposed
legislation dealing
with environmental protection or | 1013 |
|
containing a component dealing
with environmental protection was | 1014 |
|
referred, the legislation
shall not be reported by that committee. | 1015 |
|
This requirement does not apply if
the component dealing with | 1016 |
|
environmental protection is removed from
the legislation or if | 1017 |
|
two-thirds of the members of the committee
vote in favor of a | 1018 |
|
motion to report the proposed legislation. | 1019 |
| (3) Specifically identify whether the proposed rule or | 1031 |
|
amendment is being adopted or amended to enable the state to | 1032 |
|
obtain or maintain approval to administer and enforce a federal | 1033 |
|
environmental law or to participate in a federal environmental | 1034 |
|
program, whether the proposed rule or amendment is more
stringent | 1035 |
|
than its federal counterpart, and, if the proposed
rule or | 1036 |
|
amendment is more stringent, the rationale for not
incorporating | 1037 |
|
its federal counterpart; | 1038 |
| (E) The statement required under division (B) and the | 1074 |
|
information or documentation required under division
(D) of this | 1075 |
|
section need not be prepared
or submitted with regard to a | 1076 |
|
proposed statute or rule, or an
amendment to a rule, if the | 1077 |
|
statute, rule, or
amendment is procedural or budgetary in nature, | 1078 |
|
or governs the organization
or operation of a state agency, and | 1079 |
|
will not affect the substantive rights or
obligations of any | 1080 |
|
person other than a state agency or an employee or
contractor of a | 1081 |
|
state agency. | 1082 |
| (2) Furnish information and technical assistance to
persons | 1106 |
|
and small businesses concerning the establishment and
maintenance | 1107 |
|
of a small business, and concerning state laws and
rules relevant | 1108 |
|
to the operation of a small business. In
conjunction with these | 1109 |
|
duties, the office shall keep a record of
all state agency rules | 1110 |
affecting individuals, small businesses,
or small organizations, | 1111 |
as defined in section 121.24121.25 of the
Revised Code, and the | 1112 |
|
ombudsperson may
testify before the joint committee on
agency | 1113 |
rule review
concerning any proposed rule affecting
individuals, | 1114 |
small
businesses, or small organizations. | 1115 |
| (5) Receive complaints or questions from small businesses
and | 1125 |
|
direct those businesses to the appropriate governmental
agency. | 1126 |
|
If, within a reasonable period of time, a complaint is
not | 1127 |
|
satisfactorily resolved or a question is not satisfactorily | 1128 |
|
answered, the office shall, on behalf of the small business, make | 1129 |
|
every effort to secure a satisfactory result. For this purpose, | 1130 |
|
the office may consult with any state governmental agency and may | 1131 |
|
make any suggestion or request that seems appropriate. | 1132 |
| (6) Utilize, to the maximum extent possible, the printed
and | 1133 |
|
electronic media to disseminate information of current
concern and | 1134 |
|
interest to the small business community and to make
known to | 1135 |
|
small businesses the services available through the
office. The | 1136 |
|
office shall publish such books, pamphlets, and
other printed | 1137 |
|
materials, and shall participate in such trade
association | 1138 |
|
meetings, conventions, fairs, and other meetings
involving the | 1139 |
small business community, as the managerombudsperson considers | 1140 |
|
appropriate. | 1141 |
| (7) Prepare for inclusion in the department of
development's | 1142 |
|
annual report to the governor and general assembly,
a description | 1143 |
|
of the activities of the office and a report of the
number of | 1144 |
rules affecting individuals, small businesses, and
small | 1145 |
organizations that were filed with the officeombudsperson under | 1146 |
division
(B)(2) of section 121.24121.254 of the Revised Code, | 1147 |
|
during the
preceding calendar year; | 1148 |
| (8) Operate the Ohio first-stop business connection to assist | 1149 |
|
individuals in identifying and preparing applications for business | 1150 |
|
licenses,
permits, and certificates and to serve as the central | 1151 |
|
public distributor for
all forms, applications, and other | 1152 |
|
information related to business licensing.
Each state agency, | 1153 |
|
board, and commission shall cooperate in providing
assistance, | 1154 |
|
information, and materials to enable the connection to perform its | 1155 |
|
duties under this division. | 1156 |
(C) The office mayshall, upon the request of
a state agency, | 1182 |
|
assist the agency with the preparation of any
rule that will | 1183 |
affect individuals, small businesses, or small
organizations. The | 1184 |
|
office shall train rule-making agency personnel on methods to
be | 1185 |
|
used under sections 121.252 and 121.253 of the Revised Code to | 1186 |
|
conduct a
cost-benefit analysis and prepare a cost-benefit | 1187 |
|
report, and to
conduct a regulatory flexibility analysis and | 1188 |
|
prepare a regulatory flexibility report. | 1189 |
| Sec. 122.081. (A) The office of small business in the | 1194 |
|
department of development shall prepare and publish a "small | 1195 |
|
business register" or contract with any person as provided in
this | 1196 |
|
section to prepare and publish the register. The small
business | 1197 |
|
register shall contain the following information
regarding each | 1198 |
proposed rule filed with the office of small
businessOhio small | 1199 |
business ombudsperson under
division (B)(2) of section 121.24 | 1200 |
| 121.254 of the Revised
Code: | 1201 |
| (B) The small business register shall be published on a | 1213 |
|
weekly basis. The information required under division (A) of
this | 1214 |
|
section shall be published in the register no later than two
weeks | 1215 |
after the proposed rule to which the information relates is
filed | 1216 |
with the office of small businessombudsperson under division | 1217 |
(B)(2) of
section
121.24121.254 of the Revised Code. The office | 1218 |
|
of small business
shall furnish the small business register, on a | 1219 |
|
single copy or
subscription basis, to any person who requests it | 1220 |
|
and pays a
single copy price or subscription rate fixed by the | 1221 |
office. The
office shall furnish the chairmen of the standing | 1222 |
committees of
the senate and house of representatives having | 1223 |
jurisdiction over
individuals, small businesses, and small | 1224 |
organizations with free
subscriptions to the small business | 1225 |
register. | 1226 |
| (B) Prepare an annual report to the governor and the
general | 1242 |
|
assembly on or before the first day of February of its
activities | 1243 |
for the preceding calendar year. In addition to the
submissions | 1244 |
required by section 101.68 of the Revised Code, the
director shall | 1245 |
submit copies of the annual report to the chairmen of the standing | 1246 |
committees of the senate and house of
representatives having | 1247 |
jurisdiction over individuals, small
businesses, and small | 1248 |
organizations, as those terms are defined
in section 121.24 of the | 1249 |
Revised Code. | 1250 |
