Bill Text: OH HB396 | 2011-2012 | 129th General Assembly | Comm Sub

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Bill Title: To revise rule-making and rule review procedures.

Spectrum: Slight Partisan Bill (Republican 23-9)

Status: (Engrossed - Dead) 2012-12-11 - Committee Report - S [HB396 Detail]

Download: Ohio-2011-HB396-Comm_Sub.html

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As Reported by the Senate State and Local Government and Veterans Affairs Committee

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 396

Representatives McGregor, Murray 

Cosponsors: Representatives Anielski, Beck, Blair, Blessing, Buchy, Carney, Celebrezze, Clyde, Combs, Duffey, Goyal, Hackett, Hagan, C., Hayes, Hottinger, Kozlowski, Letson, McClain, Newbold, O'Brien, Ruhl, Sears, Sprague, Thompson, Winburn, Young, Yuko Speaker Batchelder 

Senators LaRose, Eklund 

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A BILL

To amend sections 101.35, 103.0511, 107.52, 107.53,

1

107.54, 107.55, 107.62, 107.63, 111.15, 117.20,

2

119.01, 119.03, 119.04, 121.39, 121.73, 121.74,

3

121.81, 121.82, 121.83, 127.18, 1531.08, 3319.22,

4

3319.221, 3333.021, 3333.048, 3737.88, 3746.04,

5

4117.02, 4141.14, 5103.0325, 5117.02, 5703.14,

6

6111.31, and 6111.51; to enact sections 106.01,

7

106.02, 106.021, 106.022, 106.023, 106.03,

8

106.031, 106.04, 106.041, 106.042, 106.05, and

9

106.051; and to repeal sections 119.031 and

10

119.032 of the Revised Code to revise rule-making

11

and rule review procedures.

12

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 101.35, 103.0511, 107.52, 107.53,	13
107.54, 107.55, 107.62, 107.63, 111.15, 117.20, 119.01, 119.03,	14
119.04, 121.39, 121.73, 121.74, 121.81, 121.82, 121.83, 127.18,	15
1531.08, 3319.22, 3319.221, 3333.021, 3333.048, 3737.88, 3746.04,	16
4117.02, 4141.14, 5103.0325, 5117.02, 5703.14, 6111.31, and	17
6111.51 be amended and that sections 106.01, 106.02, 106.021,	18
106.022, 106.023, 106.03, 106.031, 106.04, 106.041, 106.042,	19
106.05, and 106.051 of the Revised Code be enacted to read as	20
follows:	21

Sec. 101.35.  There is hereby created in the general assembly	22
the joint committee on agency rule review. The committee shall	23
consist of five members of the house of representatives and five	24
members of the senate. Within fifteen days after the commencement	25
of the first regular session of each general assembly, the speaker	26
of the house of representatives shall appoint the members of the	27
committee from the house of representatives, and the president of	28
the senate shall appoint the members of the committee from the	29
senate. Not more than three of the members from each house shall	30
be of the same political party. In the first regular session of a	31
general assembly, the chairperson of the committee shall be	32
appointed by the speaker of the house from among the house members	33
of the committee, and the vice-chairperson shall be appointed by	34
the president of the senate from among the senate members of the	35
committee. In the second regular session of a general assembly,	36
the chairperson shall be appointed by the president of the senate	37
from among the senate members of the committee, and the	38
vice-chairperson shall be appointed by the speaker of the house	39
from among the house members of the committee. The chairperson,	40
vice-chairperson, and members of the committee shall serve until	41
their respective successors are appointed or until they are no	42
longer members of the general assembly. When a vacancy occurs	43
among the officers or members of the committee, it shall be filled	44
in the same manner as the original appointment.	45

Notwithstanding section 101.26 of the Revised Code, the	46
members, when engaged in their duties as members of the committee	47
on days when there is not a voting session of the member's house	48
of the general assembly, shall be paid at the per diem rate of one	49
hundred fifty dollars, and their necessary traveling expenses,	50
which shall be paid from the funds appropriated for the payment of	51
expenses of legislative committees.	52

The committee has the same powers as other standing or select	53
committees of the general assembly. Six members constitute a	54
quorum, and the concurrence of six members is required for the	55
recommendation of a concurrent resolution invalidating a proposed	56
or effectiveexisting rule, amendment, rescission, or part	57
thereof, or for the suspension of a rule, amendment, rescission,	58
or part thereof, under division (I) of section 119.03106.021 or	59
section 119.031106.031 of the Revised Code.	60

When a member of the committee is absent, the president or	61
speaker, as the case may be, may designate a substitute from the	62
same house and political party as the absent member. The	63
substitute shall serve on the committee in the member's absence,	64
and is entitled to perform the duties of a member of the	65
committee. For serving on the committee, the substitute shall be	66
paid the same per diem and necessary traveling expenses as the	67
substitute would be entitled to receive if the substitute were a	68
member of the committee.	69

The president or speaker shall inform the executive director	70
of the committee of a substitution. If the executive director	71
learns of a substitution sufficiently in advance of the meeting of	72
the committee the substitute is to attend, the executive director	73
shall publish notice of the substitution on the internet, make	74
reasonable effort to inform of the substitution persons who are	75
known to the executive director to be interested in rules that are	76
scheduled for review at the meeting, and inform of the	77
substitution persons who inquire of the executive director	78
concerning the meeting.	79

The committee may meet during periods in which the general	80
assembly has adjourned. At	81

At meetings of the committee, the committee may request a	82
rule-makingan agency, as defined in section 119.01106.01 of the	83
Revised Code, to provide information relative to the agency's	84
implementation of its statutory authority.	85

A member of the committee, and the executive director and	86
staff of the committee, are entitled in their official capacities	87
to attend, but not in their official capacities to participate in,	88
a public hearing conducted by a rule-makingan agency on a	89
proposed rule, amendment, or rescission.	90

Sec. 103.0511.  The director of the legislative service	91
commission shall establish and maintain, and enhance and improve,	92
an electronic rule-filing system connecting:	93

(A) The legislative service commission, the joint committee	94
on agency rule review, and the secretary of state;	95

(B) The governor, the senate and house of representatives,	96
and the clerks of the senate and house of representatives;	97

(C) Each agency that files rules and other rule-making and	98
rule-related documents with the legislative service commission,	99
the joint committee on agency rule review, the department of	100
aging, the governor, the common sense initiative office, the	101
secretary of state, the general assembly, or a committee of the	102
senate or house of representatives under section 106.02, 106.022,	103
106.031, 107.54, 111.15, 117.20, 119.03, 119.031, 119.032,	104
119.0311, 119.04, 121.24, 121.39, 121.82, 127.18, 4141.14,	105
173.01, or 5117.02, or 5703.14 of the Revised Code or any other	106
statute;	107

(D) The several publishers of the Administrative Code; and

108

(E) The common sense initiative office; and

109

(F) Any other person or governmental officer or entity whose	110
inclusion in the system is required for the system to be a	111
complete electronic rule-filing system.	112

The electronic rule-filing system is to enable rules and	113
rule-making and rule-related documents to be filed, and official	114
responses to these filings to be made, exclusively by electronic	115
means.	116

Sec. 106.01. As used in sections 106.01 to 106.042 of the	117
Revised Code, as the case may be:	118

(A) "Agency" means an agency as defined in sections 111.15	119
and 119.01 of the Revised Code.	120

(B) "Review date" means the review date assigned to a rule by	121
an agency under section 111.15 or 119.04 of the Revised Code.	122

(C) "Rule" means (1) a proposed new rule, or a proposed	123
amendment or rescission of an existing rule, that has been filed	124
with the joint committee on agency rule review under division (D)	125
of section 111.15 of the Revised Code or division (C) of section	126
119.03 of the Revised Code or (2) an existing rule that is subject	127
to review under sections 106.03 and 106.031 of the Revised Code.	128
"Rule" includes an appendix to a rule.	129

"Proposed rule" refers to the original and a revised version	130
of a proposed rule.	131

"Proposed rule" does not include a proposed rule that has	132
been adopted and is being filed in final form.	133

In sections 106.03 and 106.031 of the Revised Code, "rule"	134
does not include a rule of a state college or university,	135
community college district, technical college district, or state	136
community college or a rule that is consistent with and equivalent	137
to the form required by a federal law and that does not exceed the	138
minimum scope and intent of that federal law.	139

Sec. 106.02. When an agency files a proposed rule and rule	140
summary and fiscal analysis with the joint committee on agency	141
rule review, the joint committee shall review the proposed rule	142
and rule summary and fiscal analysis not later than the	143
sixty-fifth day after the day on which the proposed rule was filed	144
with the joint committee. If, after filing the original version of	145
a proposed rule, the agency makes a revision in the proposed rule,	146
the agency shall file the revised proposed rule and a revised rule	147
summary and fiscal analysis with the joint committee. If the	148
revised proposed rule is filed thirty-five or fewer days after the	149
original version of the proposed rule was filed, the joint	150
committee shall review the revised proposed rule and revised rule	151
summary and fiscal analysis not later than the sixty-fifth day	152
after the original version of the proposed rule was filed. If,	153
however, the revised proposed rule is filed more than thirty-five	154
days after the original version of the proposed rule was filed,	155
the joint committee shall review the revised proposed rule and	156
revised rule summary and fiscal analysis not later than the	157
thirtieth day after the revised proposed rule was filed with the	158
joint committee.	159

When the original version of a proposed rule and rule summary	160
and fiscal analysis is filed with the joint committee in December,	161
the joint committee shall review the proposed rule and rule	162
summary and fiscal analysis as if the proposed rule and rule	163
summary and fiscal analysis had been filed with the joint	164
committee on the first day of the legislative session in the	165
following January. When a revised proposed rule and revised rule	166
summary and fiscal analysis is filed with the joint committee in	167
December, the joint committee shall review the revised proposed	168
rule and revised rule summary and fiscal analysis not later than	169
the thirtieth day after the first day of the legislative session	170
in the following January.	171

A revised proposed rule supersedes each earlier version of	172
the same proposed rule.	173

The joint committee shall not hold its public hearing on a	174
proposed rule earlier than the forty-first day after the proposed	175
rule was filed with the joint committee.	176

Sec. 106.021. If, upon reviewing a proposed rule or revised	177
proposed rule, the joint committee on agency rule review makes any	178
of the following findings with regard to the proposed rule or	179
revised proposed rule, the joint committee may recommend to the	180
senate and house of representatives the adoption of a concurrent	181
resolution to invalidate the proposed rule or revised proposed	182
rule or a part thereof:	183

(A) The proposed rule or revised proposed rule exceeds the	184
scope of its statutory authority.	185

(B) The proposed rule or revised proposed rule conflicts with	186
the legislative intent of the statute under which it was proposed.	187

(C) The proposed rule or revised proposed rule conflicts with	188
another proposed or existing rule.	189

(D) The proposed rule or revised proposed rule incorporates a	190
text or other material by reference and either the agency has	191
failed to file the text or other material incorporated by	192
reference as required by section 121.73 of the Revised Code or the	193
incorporation by reference fails to meet the standards stated in	194
sections 121.72, 121.75, and 121.76 of the Revised Code.	195

(E) The agency has failed to demonstrate through the business	196
impact analysis, recommendations from the common sense initiative	197
office, and the memorandum of response that the regulatory intent	198
of the proposed rule or revised proposed rule justifies its	199
adverse impact on businesses in this state.	200

(F) The agency has failed to prepare a complete and accurate	201
rule summary and fiscal analysis of the proposed rule or revised	202
proposed rule as required by section 127.18 of the Revised Code.	203

Sec. 106.022.  As an alternative to recommending the adoption	204
of a concurrent resolution to invalidate a proposed rule because	205
an agency has not prepared a complete and accurate rule summary	206
and fiscal analysis addressing the fiscal effect of the proposed	207
rule on counties, townships, municipal corporations, or school	208
districts, the joint committee on agency rule review may issue a	209
finding that the rule summary and fiscal analysis is incomplete or	210
inaccurate as to that fiscal effect, and order the agency to	211
refile the proposed rule with a revised rule summary and fiscal	212
analysis that addresses that fiscal effect completely and	213
accurately. The joint committee shall transmit the finding and	214
order electronically to the agency, the secretary of state, the	215
director of the legislative service commission, and, if the	216
proposed rule is to replace an emergency rule, the governor.	217

Upon receiving the finding and order, the agency may revise	218
the rule summary and fiscal analysis completely and accurately to	219
address the fiscal effect of the proposed rule on counties,	220
townships, municipal corporations, or school districts, and then	221
refile the proposed rule and revised rule summary and fiscal	222
analysis electronically with the joint committee.	223

If the joint committee finds that the revised rule summary	224
and fiscal analysis continues incompletely or inaccurately to	225
address the fiscal effect of the proposed rule on counties,	226
townships, municipal corporations, or school districts, the joint	227
committee may recommend the adoption of a concurrent resolution to	228
invalidate the proposed rule under division (F) of section 106.021	229
of the Revised Code. The joint committee may make only one finding	230
and order with regard to the same proposed rule.	231

If the proposed rule that is the subject of a finding and	232
order is to replace an emergency rule, the governor may issue an	233
order extending the emergency rule for an additional sixty-five	234
days after the day on which the emergency rule otherwise would	235
become invalid. The governor shall transmit the order	236
electronically to the agency, the joint committee, and the	237
director of the legislative service commission.	238

Sec. 106.023. An agency may not adopt a proposed rule or	239
revised proposed rule or file it in final form unless the proposed	240
rule has been filed with the joint committee on agency rule review	241
under division (D) of section 111.15 or division (C) of section	242
119.03 of the Revised Code and the time for the joint committee to	243
review the proposed rule has expired without recommendation of a	244
concurrent resolution to invalidate the proposed rule.	245

If, before the time for its review of a proposed rule or	246
revised proposed rule expires, the joint committee recommends	247
adoption of a concurrent resolution invalidating the proposed rule	248
or revised proposed rule, the rule-making proceedings pertaining	249
to the proposed rule or revised proposed rule are suspended, and	250
the proposed rule or revised proposed rule may not be adopted or	251
filed in final form during the suspension. The suspension begins	252
when the joint committee votes to recommend invalidation of the	253
proposed rule. The suspension expires on the earlier of the day	254
that is six months after the day the vote was taken or the day	255
both houses have adjourned sine die.	256

Upon expiration of the suspension, the rule-making	257
proceedings may resume. If, however, during the suspension, or at	258
any time thereafter, a concurrent resolution invalidating the	259
proposed rule or revised proposed rule is adopted, the rule,	260
whether then existing or still proposed, is invalid as provided in	261
the concurrent resolution.	262

Sec. 106.03. Prior to the review date of an existing rule,	263
the agency that adopted the rule shall do both of the following:	264

(A) Review the rule to determine all of the following:

265

(1) Whether the rule should be continued without amendment,	266
be amended, or be rescinded, taking into consideration the	267
purpose, scope, and intent of the statute under which the rule was	268
adopted;	269

(2) Whether the rule needs amendment or rescission to give	270
more flexibility at the local level;	271

(3) Whether the rule needs amendment or rescission to	272
eliminate unnecessary paperwork;	273

(4) Whether the rule incorporates a text or other material by	274
reference and, if so, whether the text or other material	275
incorporated by reference is deposited or displayed as required by	276
section 121.74 of the Revised Code and whether the incorporation	277
by reference meets the standards stated in sections 121.72,	278
121.75, and 121.76 of the Revised Code;	279

(5) Whether the rule duplicates, overlaps with, or conflicts	280
with other rules;	281

(6) Whether the rule has an adverse impact on businesses, as	282
determined under section 107.52 of the Revised Code, and whether	283
any such adverse impact has been eliminated or reduced as required	284
under section 121.82 of the Revised Code.	285

In making its review, the agency shall consider the continued	286
need for the rule, the nature of any complaints or comments	287
received concerning the rule, and any relevant factors that have	288
changed in the subject matter area affected by the rule.	289

(B) On the basis of its review of the existing rule, the	290
agency shall determine whether the existing rule needs to be	291
amended or rescinded.	292

(1) If the existing rule needs to be amended or rescinded,	293
the agency, on or before the review date of the existing rule,	294
shall commence the process of amending or rescinding the existing	295
rule in accordance with its review of the rule.	296

(2) If the existing rule does not need to be amended or	297
rescinded, proceedings shall be had under section 106.031 of the	298
Revised Code.	299

Upon the request of the agency that adopted an existing rule,	300
the joint committee on agency rule review may extend the review	301
date of the rule to a date that is not later than one hundred	302
eighty days after the review date assigned to the rule by the	303
agency. The joint committee may further extend a review date that	304
has been extended only if doing so is appropriate under the	305
circumstances.	306

The agency that adopted an existing rule that is exempt from	307
review under this section because of the fourth paragraph in	308
division (C) of section 106.01 of the Revised Code nevertheless	309
shall file a copy of the existing rule with the joint committee.	310
The joint committee, after a hearing on the matter, and by a vote	311
of two-thirds of its members present, may determine that the rule	312
is not entitled to the exemption. Thereafter, the rule is subject	313
to review under this section.	314

Sec. 106.031. If an agency, on the basis of its review of a	315
rule under section 106.03 of the Revised Code, determines that the	316
rule does not need to be amended or rescinded, proceedings shall	317
be had as follows:	318

(A)(1) If, considering only the standard of review specified	319
in division (A)(6) of section 106.03 of the Revised Code, the rule	320
has an adverse impact on businesses that has not been eliminated	321
or reduced, the agency shall prepare a business impact analysis	322
that describes its review of the rule under that division and that	323
explains why the rule is not being amended or rescinded to reduce	324
or eliminate its adverse impact on businesses. If the rule does	325
not have an adverse impact on businesses, the agency may proceed	326
under division (B) of this section.	327

(2) The agency shall transmit a copy of the full text of the	328
rule and the business impact analysis electronically to the common	329
sense initiative office. The office shall make the rule and	330
analysis available to the public on its web site under section	331
107.62 of the Revised Code.	332

(3) The agency shall consider any recommendations made by the	333
office.	334

(4) Not earlier than the sixteenth business day after	335
transmitting the rule and analysis to the office, the agency shall	336
either (a) proceed under divisions (A)(5) and (B) of this section	337
or (b) commence, under division (B)(1) of section 106.03 of the	338
Revised Code, the process of rescinding the rule or of amending	339
the rule to incorporate into the rule features the recommendations	340
suggest will eliminate or reduce the adverse impact the rule has	341
on businesses. If the agency determines to amend or rescind the	342
rule, the agency is not subject to the time limit specified in	343
division (B)(1) of section 106.03 of the Revised Code.	344

(5) If the agency receives recommendations from the office,	345
and determines not to amend or rescind the rule, the agency shall	346
prepare a memorandum of response that explains why the rule is not	347
being rescinded or why the recommendations are not being	348
incorporated into the rule.	349

(B) The agency shall assign a new review date to the rule.	350
The review date assigned shall be not later than five years after	351
the immediately preceding review date pertaining to the rule. If	352
the agency assigns a review date that exceeds the five-year	353
maximum, the review date is five years after the immediately	354
preceding review date.	355

(C)(1) The agency shall file all the following, in electronic	356
form, with the joint committee on agency rule review, the	357
secretary of state, and the director of the legislative service	358
commission: a copy of the rule specifying its new review date, a	359
complete and accurate rule summary and fiscal analysis, and, if	360
relevant, a business impact analysis of the rule, any	361
recommendations received from the common sense initiative office,	362
and any memorandum of response. An agency may comply with the	363
requirement to file a complete and accurate rule summary and	364
fiscal analysis by filing a previously prepared rule summary and	365
fiscal analysis, so long as the previous rule summary and fiscal	366
analysis was complete and accurate at the time it was prepared,	367
continues to be such a complete and accurate explanation of the	368
rule, and the conditions described in division (B)(4), (5), (6),	369
(8), (9), or (10) of section 127.18 of the Revised Code, as they	370
relate to the rule, have not appreciably changed since the	371
previous rule summary and fiscal analysis was prepared.	372

(2) Subject to section 106.05 of the Revised Code, the joint	373
committee does not have jurisdiction to review, and shall reject,	374
the filing of a rule under division (C)(1) of this section if, at	375
any time while the rule is in its possession, it discovers that	376
the rule has an adverse impact on businesses and the agency has	377
not complied with division (A) of this section. The joint	378
committee shall electronically return a rule that is rejected to	379
the agency, together with any documents that were part of the	380
filing. Such a rejection does not preclude the agency from	381
refiling the rule under division (C)(1) of this section after	382
complying with division (A) of this section. When the filing of a	383
rule is rejected under this division, it is as if the filing had	384
not been made.	385

(D) The joint committee shall publish notice of the agency's	386
determination not to amend or rescind the rule in the register of	387
Ohio for four consecutive weeks after the rule is filed under	388
division (C) of this section.	389

(E) During the ninety-day period after a rule is filed under	390
division (C) of this section, but after the four-week notice	391
period required by division (D) of this section has ended, the	392
joint committee, by a two-thirds vote of members present, may	393
recommend to the senate and house of representatives the adoption	394
of a concurrent resolution invalidating the rule if the joint	395
committee finds any of the following:	396

(1) The agency improperly applied the standards in division	397
(A) of section 106.03 of the Revised Code in reviewing the rule	398
and in determining that the rule did not need amendment or	399
rescission.	400

(2) The rule has an adverse impact on businesses, and the	401
agency has failed to demonstrate through a business impact	402
analysis, recommendations from the common sense initiative office,	403
and a memorandum of response that the regulatory intent of the	404
rule justifies its adverse impact on businesses.	405

(3) If the rule incorporates a text or other material by	406
reference, the agency failed to file, or to deposit or display,	407
the text or other material incorporated by reference as required	408
by section 121.73 or 121.74 of the Revised Code or the	409
incorporation by reference fails to meet the standards stated in	410
sections 121.72, 121.75, and 121.76 of the Revised Code.	411

(4) The agency otherwise failed to comply with section 106.03	412
or 106.031 of the Revised Code.	413

When the joint committee recommends that a rule be	414
invalidated, the recommendation does not suspend operation of the	415
rule, and the rule remains operational pending action by the	416
senate and house of representatives on the concurrent resolution	417
embodying the recommendation. If the senate and house of	418
representatives adopt the concurrent resolution, the rule is	419
invalid. If, however, the senate and house of representatives do	420
not adopt the resolution, the rule continues in effect, and shall	421
next be reviewed according to the new review date assigned to the	422
rule.	423

Sec. 106.04. When the joint committee on agency rule review	424
recommends invalidation of a proposed or existing rule under	425
section 106.021 or 106.031 of the Revised Code, the chairperson of	426
the joint committee, or another member of the joint committee	427
designated by the chairperson, shall prepare the recommendation of	428
invalidation in writing. The recommendation shall identify the	429
proposed or existing rule, the agency that proposed or submitted	430
the proposed or existing rule, and the finding that caused the	431
joint committee to make the recommendation. The recommendation	432
briefly shall explain the finding.	433

The chairperson of the joint committee shall request the	434
legislative service commission to prepare a concurrent resolution	435
to invalidate the proposed or existing rule according to the	436
recommendation. The concurrent resolution shall state the finding	437
that caused the joint committee to recommend invalidation of the	438
rule.	439

Sec. 106.041. The chairperson of the joint committee on	440
agency rule review, or another member of the joint committee	441
designated by the chairperson, shall submit a concurrent	442
resolution to invalidate a proposed or existing rule to the clerk	443
of either house of the general assembly. The recommendation of	444
invalidation and a copy of the proposed or existing rule also	445
shall be submitted to the clerk along with the concurrent	446
resolution.	447

Sec. 106.042. The failure of the general assembly to adopt a	448
concurrent resolution invalidating a proposed or existing rule is	449
not a ratification of the lawfulness or reasonableness of the	450
proposed or existing rule or of the validity of the procedure by	451
which the rule was proposed or adopted.	452

Sec. 106.05. (A) If the joint committee on agency rule review	453
is reviewing a proposed or existing rule under section 106.021 or	454
106.031 of the Revised Code and is uncertain whether the rule has	455
an adverse impact on businesses, or if the rule appears to have an	456
adverse impact on businesses that has not been addressed or that	457
has been inadequately addressed, the joint committee	458
electronically may refer the rule to the common sense initiative	459
office. If an adverse impact to business has been identified and	460
that impact was not evaluated in a business impact analysis	461
previously reviewed by the common sense initiative office, the	462
joint committee may rerefer that rule to the common sense	463
initiative office. The joint committee may transmit a memorandum	464
to the office along with the proposed or existing rule explaining	465
specifically why it is referring or rereferring the rule to the	466
office. The joint committee electronically shall notify the agency	467
if it refers or rerefers the proposed or existing rule to the	468
office.	469

Such a referral or rereferral tolls the running of the time	470
within which the joint committee is required to recommend adoption	471
of a concurrent resolution invalidating the proposed or existing	472
rule. The time resumes running when the proposed or existing rule	473
is returned to the joint committee after the referral or	474
rereferral. The tolling does not affect the continued operation of	475
an existing rule.	476

(B) The office, within thirty days after receiving a proposed	477
or existing rule under division (A) of this section, shall	478
evaluate or reevaluate the rule to determine whether it has an	479
adverse impact on businesses, and shall proceed under division	480
(C)(1) or (2) of this section as is appropriate to its	481
determination.	482

(C)(1) If the office determined that the proposed or existing	483
rule does not have an adverse impact on businesses, the office	484
shall prepare a memorandum stating that finding. The office	485
electronically shall transmit the memorandum to the agency, and	486
shall return the proposed or existing rule to the joint committee.	487
The office also shall transmit a copy of its memorandum to the	488
joint committee along with the proposed or existing rule. The	489
joint committee may review or reject the proposed or existing	490
rule, the same as if the rule had not been referred or rereferred	491
to the office. If, when the proposed or existing rule is returned	492
to the joint committee, fewer than thirty days remain in the time	493
by which a concurrent resolution invalidating the rule must be	494
recommended, the time for making such a recommendation is extended	495
until the thirtieth day after the day on which the rule was	496
returned to the joint committee.	497

(2) If the office determined that the proposed or existing	498
rule has an adverse impact on businesses, the office	499
electronically shall transmit the memorandum to the agency, and	500
shall return the proposed or existing rule to the agency. The	501
office also shall transmit a copy of its memorandum to the joint	502
committee along with the proposed or existing rule. After	503
receiving the memorandum and proposed or existing rule from the	504
office, the agency shall evaluate the impact of the proposed or	505
existing rule on business, complete a business impact analysis,	506
and submit the business impact analysis to the common sense	507
initiative office as described in section 121.82 of the Revised	508
Code.	509

(a) When the office transmits a copy of a proposed rule to	510
the joint committee, if fewer than thirty days remain in the time	511
by which a concurrent resolution invalidating the rule must be	512
recommended, the time for making such a recommendation is extended	513
until the thirtieth day after a copy of the rule was transmitted	514
to the joint committee. The agency, after considering the	515
recommendations, may revise the proposed rule, and, if the agency	516
does so, the agency is exempt from complying with divisions (A),	517
(B), and (C) of section 121.82 of the Revised Code, but shall	518
comply with divisions (D) and (E) of that section.	519

(b) When the office transmits a copy of an existing rule to	520
the joint committee, it is the same as if the agency had withdrawn	521
the rule from the joint committee's jurisdiction. If the agency	522
determines, after considering the recommendations, that the	523
existing rule needs to be amended or rescinded, the agency shall	524
commence the process of doing so under division (A)(4)(b) of	525
section 106.031 of the Revised Code. If, however, the agency	526
determines, after considering the recommendations, that the	527
existing rule does not need to be amended or rescinded, the agency	528
shall resume periodic review of the rule under division (A)(4)(a)	529
of section 106.031 of the Revised Code.	530

Sec. 106.051. The offices of the governor, lieutenant	531
governor, auditor of state, secretary of state, treasurer of	532
state, and attorney general shall comply with the business review	533
provisions of sections 106.03 and 106.031 and 121.81 to 121.83 of	534
the Revised Code, but are not required to submit any document to	535
the common sense initiative office or to prepare any document that	536
would have been prepared in response to recommendations of the	537
common sense initiative office, but rather shall prepare all other	538
documents required under the business review provisions and submit	539
them directly to the joint committee on agency rule review along	540
with the proposed or existing rule. The offices of the governor,	541
lieutenant governor, auditor of state, secretary of state,	542
treasurer of state, and attorney general are subject, however, to	543
section 106.05 of the Revised Code.	544

Sec. 107.52. A draft or existing rule that affects businesses	545
has an adverse impact on businesses if a provision of the draft or	546
existing rule that applies to businesses has any of the following	547
effects:	548

(A) It requires a license, permit, or any other prior	549
authorization to engage in or operate a line of business;	550

(B) It imposes a criminal penalty, a civil penalty, or	551
another sanction, or creates a cause of action, for failure to	552
comply with its terms; or	553

(C) It requires specific expenditures or the report of	554
information as a condition of compliance.	555

Sec. 107.53. The common sense initiative office shall	556
develop, and as it becomes necessary or advisable shall improve, a	557
business impact analysis instrument that shall be used as required	558
by law to evaluate draft and existing rules that might have an	559
adverse impact on businesses. The instrument shall be in writing,	560
and shall include the following:	561

(A) Standards that encourage agencies to propose draft rules,	562
and to evaluate existing rules, and proposed revisions thereto, in	563
such a manner that the rules will be as easy to understand as	564
their subject matter permits;	565

(B) Performance measures that can be applied to evaluate the	566
likely efficiency and effectiveness of a draft or existing rule in	567
achieving its regulatory objectives;	568

(C) Standards for evaluating alternative means of regulation	569
that might reduce or eliminate the adverse impact a draft or	570
existing rule might have on businesses;	571

(D) Standards that will promote transparency, predictability,	572
consistency, and flexibility in the implementation and operation	573
of a draft or existing rule, as well as an overall balance in a	574
draft or existing rule between its regulatory objectives and the	575
costs of compliance it imposes on regulated persons;	576

(E) Standards that require an agency to encourage businesses	577
that might be adversely impacted by a draft rule to participate in	578
the rule-making process, beginning at the earliest practicable	579
stage, and that will encourage businesses that are or may be	580
adversely impacted by a draftan existing rule to offer advice and	581
assistance to the agency when the draft rule is adopted and	582
existing rule is being implemented and administered; and	583

(F) Any other standards or measures, or any other criteria,	584
the office concludes will reduce or eliminate adverse impacts on	585
businesses and foster improved regulation and economic development	586
in the state.	587

Alternative means of regulation include, and are not limited	588
to, less stringent compliance or reporting requirements, less	589
stringent schedules or deadlines, consolidation or simplification	590
of requirements, establishment of performance standards to replace	591
operational standards, and exemption of businesses.	592

The instrument does not need to be adopted as a rule. The	593
office shall publish the current instrument in the register of	594
Ohio.	595

Sec. 107.54. (A)(1) When the common sense initiative office	596
receives a draft rule and business impact analysis from an agency,	597
the office shall evaluate the draft rule and analysis against the	598
business impact analysis instrument and any other relevant	599
criteria, and may prepare and transmit recommendations to the	600
agency on how the draft rule might be revised to eliminate or	601
reduce any adverse impact the draft rule might have on businesses.	602

(2) When the office receives an existing rule and business	603
impact analysis from an agency under division (A)(2) of section	604
106.031 of the Revised Code, the office shall evaluate the	605
existing rule and analysis against the business impact analysis	606
instrument and any other relevant criteria, and may prepare and	607
transmit recommendations to the agency on how the existing rule	608
might be amended or rescinded to eliminate or reduce any adverse	609
impact the existing rule has on businesses.	610

(B) The office shall transmit any such recommendations	611
electronically to the agency. If the office fails to make such a	612
transmission after receiving the draft or existing rule and	613
business impact analysis, it is as if the office had elected not	614
to make any recommendations.	615

Sec. 107.55. The common sense initiative office, annually not	616
later than the first day of February, shall prepare a report of	617
the activities of the office during the preceding calendar year.	618
The report shall include:	619

(A) A statement of the number of draft and existing rules	620
reviewed during the calendar year;	621

(B) A description of the recommendations made to agencies	622
with regard to draft and existing rules;	623

(C) An assessment of the status of the recommendations made;

624

(D) An explanation of the performance measures developed to	625
evaluate the efficiency and effectiveness of the office;	626

(E) An evaluation of the work of the office judged against	627
the performance measures; and	628

(F) Any other information the office believes will explain	629
the work of the office.	630

The office shall transmit a copy of the report to the	631
governor, the lieutenant governor, the president and minority	632
leader of the senate, and the speaker and minority leader of the	633
house of representatives.	634

Sec. 107.62. The common sense initiative office shall	635
establish a system through which any person may comment	636
concerning:	637

(A) The adverse impact on businesses a draft rule might have;

638

(B) The adverse impact on businesses that a rule currently in	639
effect is having; or	640

(C) The adverse impact on businesses the implementation or	641
administration of a rule currently in effect is having.	642

The office shall prepare a plan for the comment system, and	643
shall revise or replace the plan to improve the comment system in	644
light of learning, experience, or technological development. The	645
office shall publish the current plan for the comment system in	646
the register of Ohio.	647

At a minimum, the plan for the comment system shall provide	648
for communication of comments as follows: The office shall accept	649
comments in writing that are delivered to the office personally,	650
by mail, or by express. The office shall establish a toll-free	651
telephone number that a person may call to offer comments. (The	652
telephone number shall be connected to a recording device at its	653
answering point.) The office shall create a web site that enables	654
a person to offer comments electronically. The web site also shall	655
provide notification to the public of any draft or existing rule	656
that may have an adverse impact on businesses, which notification	657
shall include copies of the draft or existing rule and the	658
business impact analysis of the draft rule.	659

The office shall forward written, telephoned, and	660
electronically transmitted comments to the state agency having	661
jurisdiction over the rule. The office has no other duty with	662
regard to the comments.	663

Sec. 107.63. As used in this section, "small business" means	664
an independently owned and operated for-profit or nonprofit	665
business entity, including affiliates, that has fewer than five	666
hundred full time employees or gross annual sales of less than six	667
million dollars, and has operations located in the state.	668

The small business advisory council is established in the	669
office of the governor. The council shall advise the governor, the	670
lieutenant governor, and the common sense initiative office on the	671
adverse impact draft and existing rules might have on small	672
businesses. The council shall meet at least quarterly.	673

The council consists of nine members. The governor, or the	674
person to whom the governor has delegated responsibilities for the	675
common sense initiative office under section 107.61 of the Revised	676
Code, shall appoint five members, the president of the senate	677
shall appoint two members, and the speaker of the house of	678
representatives shall appoint two members. A member serves at the	679
pleasure of the member's appointing authority. The appointing	680
authorities shall consult with each other and appoint only	681
individuals who are representative of small businesses, and shall	682
do so in such a manner that the membership of the council is	683
composed of representatives of small businesses that are of	684
different sizes, engaged in different lines of business, and	685
located in different parts of the state.	686

Sec. 111.15.  (A) As used in this section:

687

(1) "Rule" includes any rule, regulation, bylaw, or standard	688
having a general and uniform operation adopted by an agency under	689
the authority of the laws governing the agency; any appendix to a	690
rule; and any internal management rule. "Rule" does not include	691
any guideline adopted pursuant to section 3301.0714 of the Revised	692
Code, any order respecting the duties of employees, any finding,	693
any determination of a question of law or fact in a matter	694
presented to an agency, or any rule promulgated pursuant to	695
Chapter 119., section 4141.14,or division (C)(1) or (2) of	696
section 5117.02, or section 5703.14 of the Revised Code. "Rule"	697
includes any amendment or rescission of a rule.	698

(2) "Agency" means any governmental entity of the state and	699
includes, but is not limited to, any board, department, division,	700
commission, bureau, society, council, institution, state college	701
or university, community college district, technical college	702
district, or state community college. "Agency" does not include	703
the general assembly, the controlling board, the adjutant	704
general's department, or any court.	705

(3) "Internal management rule" means any rule, regulation,	706
bylaw, or standard governing the day-to-day staff procedures and	707
operations within an agency.	708

(4) "Substantive revision" has the same meaning as in	709
division (J) of section 119.01 of the Revised Code.	710

(B)(1) Any rule, other than a rule of an emergency nature,	711
adopted by any agency pursuant to this section shall be effective	712
on the tenth day after the day on which the rule in final form and	713
in compliance with division (B)(3) of this section is filed as	714
follows:	715

(a) The rule shall be filed in electronic form with both the	716
secretary of state and the director of the legislative service	717
commission;	718

(b) The rule shall be filed in electronic form with the joint	719
committee on agency rule review. Division (B)(1)(b) of this	720
section does not apply to any rule to which division (D) of this	721
section does not apply.	722

An agency that adopts or amends a rule that is subject to	723
division (D) of this section shall assign a review date to the	724
rule that is not later than five years after its effective date.	725
If no review date is assigned to a rule, or if a review date	726
assigned to a rule exceeds the five-year maximum, the review date	727
for the rule is five years after its effective date. A rule with a	728
review date is subject to review under section 119.032106.03 of	729
the Revised Code. This paragraph does not apply to a rule of a	730
state college or university, community college district, technical	731
college district, or state community college.	732

If all filings are not completed on the same day, the rule	733
shall be effective on the tenth day after the day on which the	734
latest filing is completed. If an agency in adopting a rule	735
designates an effective date that is later than the effective date	736
provided for by division (B)(1) of this section, the rule if filed	737
as required by such division shall become effective on the later	738
date designated by the agency.	739

Any rule that is required to be filed under division (B)(1)	740
of this section is also subject to division (D) of this section if	741
not exempted by that division (D)(1), (2), (3), (4), (5), (6),	742
(7), or (8) of this section.	743

If a rule incorporates a text or other material by reference,	744
the agency shall comply with sections 121.71 to 121.76 of the	745
Revised Code.	746

(2) A rule of an emergency nature necessary for the immediate	747
preservation of the public peace, health, or safety shall state	748
the reasons for the necessity. The emergency rule, in final form	749
and in compliance with division (B)(3) of this section, shall be	750
filed in electronic form with the secretary of state, the director	751
of the legislative service commission, and the joint committee on	752
agency rule review. The emergency rule is effective immediately	753
upon completion of the latest filing, except that if the agency in	754
adopting the emergency rule designates an effective date, or date	755
and time of day, that is later than the effective date and time	756
provided for by division (B)(2) of this section, the emergency	757
rule, if filed as required by such division, shall become	758
effective at the later date, or later date and time of day,	759
designated by the agency.	760

An emergency rule becomes invalid at the end of the ninetieth	761
one hundred twentieth day it is in effect. Prior to that date, the	762
agency may file the emergency rule as a nonemergency rule in	763
compliance with division (B)(1) of this section. The agency may	764
not refile the emergency rule in compliance with division (B)(2)	765
of this section so that, upon the emergency rule becoming invalid	766
under such division, the emergency rule will continue in effect	767
without interruption for another ninety-dayone hundred twenty-day	768
period.	769

(3) An agency shall file a rule under division (B)(1) or (2)	770
of this section in compliance with the following standards and	771
procedures:	772

(a) The rule shall be numbered in accordance with the	773
numbering system devised by the director for the Ohio	774
administrative code.	775

(b) The rule shall be prepared and submitted in compliance	776
with the rules of the legislative service commission.	777

(c) The rule shall clearly state the date on which it is to	778
be effective and the date on which it will expire, if known.	779

(d) Each rule that amends or rescinds another rule shall	780
clearly refer to the rule that is amended or rescinded. Each	781
amendment shall fully restate the rule as amended.	782

If the director of the legislative service commission or the	783
director's designee gives an agency notice pursuant to section	784
103.05 of the Revised Code that a rule filed by the agency is not	785
in compliance with the rules of the legislative service	786
commission, the agency shall within thirty days after receipt of	787
the notice conform the rule to the rules of the commission as	788
directed in the notice.	789

(C) All rules filed pursuant to divisions (B)(1)(a) and (2)	790
of this section shall be recorded by the secretary of state and	791
the director under the title of the agency adopting the rule and	792
shall be numbered according to the numbering system devised by the	793
director. The secretary of state and the director shall preserve	794
the rules in an accessible manner. Each such rule shall be a	795
public record open to public inspection and may be transmitted to	796
any law publishing company that wishes to reproduce it.	797

(D) At least sixty-five days before a board, commission,	798
department, division, or bureau of the government of the state	799
files a rule under division (B)(1) of this section, it shall file	800
the full text of the proposed rule in electronic form with the	801
joint committee on agency rule review, and the proposed rule is	802
subject to legislative review and invalidation under division (I)	803
of section 119.03106.021 of the Revised Code. If a state board,	804
commission, department, division, or bureau makes a substantive	805
revision in a proposed rule after it is filed with the joint	806
committee, the state board, commission, department, division, or	807
bureau shall promptly file the full text of the proposed rule in	808
its revised form in electronic form with the joint committee. The	809
latest version of a proposed rule as filed with the joint	810
committee supersedes each earlier version of the text of the same	811
proposed rule. Except as provided in division (F) of this section,	812
aA state board, commission, department, division, or bureau shall	813
also file the rule summary and fiscal analysis prepared under	814
section 127.18 of the Revised Code in electronic form along with a	815
proposed rule, and along with a proposed rule in revised form,	816
that is filed under this division. If a proposed rule has an	817
adverse impact on businesses, the state board, commission,	818
department, division, or bureau also shall file the business	819
impact analysis, any recommendations received from the common	820
sense initiative office, and the associated memorandum of	821
response, if any, in electronic form along with the proposed rule,	822
or the proposed rule in revised form, that is filed under this	823
division.	824

A proposed rule that is subject to legislative review under	825
this division may not be adopted and filed in final form under	826
division (B)(1) of this section unless the proposed rule has been	827
filed with the joint committee on agency rule review under this	828
division and the time for the joint committee to review the	829
proposed rule has expired without recommendation of a concurrent	830
resolution to invalidate the proposed rule.	831

As used in this division, "commission" includes the public	832
utilities commission when adopting rules under a federal or state	833
statute.	834

This division does not apply to any of the following:

835

(1) A proposed rule of an emergency nature;

836

(2) A rule proposed under section 1121.05, 1121.06, 1155.18,	837
1163.22, 1349.33, 1707.201, 1733.412, 4123.29, 4123.34, 4123.341,	838
4123.342, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised	839
Code;	840

(3) A rule proposed by an agency other than a board,	841
commission, department, division, or bureau of the government of	842
the state;	843

(4) A proposed internal management rule of a board,	844
commission, department, division, or bureau of the government of	845
the state;	846

(5) Any proposed rule that must be adopted verbatim by an	847
agency pursuant to federal law or rule, to become effective within	848
sixty days of adoption, in order to continue the operation of a	849
federally reimbursed program in this state, so long as the	850
proposed rule contains both of the following:	851

(a) A statement that it is proposed for the purpose of	852
complying with a federal law or rule;	853

(b) A citation to the federal law or rule that requires	854
verbatim compliance.	855

(6) An initial rule proposed by the director of health to	856
impose safety standards and quality-of-care standards with respect	857
to a health service specified in section 3702.11 of the Revised	858
Code, or an initial rule proposed by the director to impose	859
quality standards on a facility listed in division (A)(4) of	860
section 3702.30 of the Revised Code, if section 3702.12 of the	861
Revised Code requires that the rule be adopted under this section;	862

(7) A rule of the state lottery commission pertaining to	863
instant game rules.	864

If a rule is exempt from legislative review under division	865
(D)(5) of this section, and if the federal law or rule pursuant to	866
which the rule was adopted expires, is repealed or rescinded, or	867
otherwise terminates, the rule is thereafter subject to	868
legislative review under division (D) of this section.	869

(E) Whenever a state board, commission, department, division,	870
or bureau files a proposed rule or a proposed rule in revised form	871
under division (D) of this section, it shall also file the full	872
text of the same proposed rule or proposed rule in revised form in	873
electronic form with the secretary of state and the director of	874
the legislative service commission. Except as provided in division	875
(F) of this section, aA state board, commission, department,	876
division, or bureau shall file the rule summary and fiscal	877
analysis prepared under section 127.18 of the Revised Code in	878
electronic form along with a proposed rule or proposed rule in	879
revised form that is filed with the secretary of state or the	880
director of the legislative service commission.	881

(F) Except as otherwise provided in this division, the	882
auditor of state or the auditor of state's designee is not	883
required to file a rule summary and fiscal analysis along with a	884
proposed rule, or proposed rule in revised form, that the auditor	885
of state proposes under section 117.12, 117.19, 117.38, or 117.43	886
of the Revised Code and files under division (D) or (E) of this	887
section.	888

Sec. 117.20.  (A) In adopting rules pursuant to Chapter 117.	889
of the Revised Code, the auditor of state or the auditor of	890
state's designee shall do both of the following:	891

(1) Before adopting any such rule, except a rule of an	892
emergency nature, do each of the following:	893

(a) At least thirty-five days before any public hearing on	894
the proposed rule-making action, mail or send by electronic mail	895
notice of the hearing to each public office and to each statewide	896
organization that the auditor of state or designee determines will	897
be affected or represents persons who will be affected by the	898
proposed rule-making action;	899

(b) Mail or send by electronic mail a copy of the proposed	900
rule to any person or organization that requests a copy within	901
five days after receipt of the request;	902

(c) Consult with appropriate state and local government	903
agencies, or with persons representative of their interests,	904
including statewide organizations of local government officials,	905
and consult with accounting professionals and other interested	906
persons;	907

(d) Conduct, on the date and at the time and place designated	908
in the notice, a public hearing at which any person affected by	909
the proposed rule, including statewide organizations of local	910
government officials, may appear and be heard in person, by	911
attorney, or both, and may present the person's or organization's	912
position or contentions orally or in writing.	913

(2) Except as otherwise provided in division (A)(2) of this	914
section, complyComply with divisions (B) to (E) of section 111.15	915
of the Revised Code. The auditor of state is not required to file	916
a rule summary and fiscal analysis along with any copy of a	917
proposed rule, or proposed rule in revised form, that is filed	918
with the joint committee on agency rule review, the secretary of	919
state, or the director of the legislative service commission under	920
division (D) or (E) of section 111.15 of the Revised Code.	921

(B) The auditor of state shall diligently discharge the	922
duties imposed by divisions (A)(1)(a), (b), and (c) of this	923
section, but failure to mail or send by electronic mail any notice	924
or copy of a proposed rule, or to consult with any person or	925
organization, shall not invalidate any rule.	926

(C) Notwithstanding any contrary provision of the Revised	927
Code, the auditor of state may prepare and disseminate, to public	928
offices and other interested persons and organizations, advisory	929
bulletins, directives, and instructions relating to accounting and	930
financial reporting systems, budgeting procedures, fiscal	931
controls, and the constructions by the auditor of state of	932
constitutional and statutory provisions, court decisions, and	933
opinions of the attorney general. The bulletins, directives, and	934
instructions shall be of an advisory nature only.	935

(D) As used in this section, "rule" includes the adoption,	936
amendment, or rescission of a rule.	937

Sec. 119.01.  As used in sections 119.01 to 119.13 of the	938
Revised Code:	939

(A)(1) "Agency" means, except as limited by this division,	940
any official, board, or commission having authority to promulgate	941
rules or make adjudications in the civil service commission, the	942
division of liquor control, the department of taxation, the	943
industrial commission, the bureau of workers' compensation, the	944
functions of any administrative or executive officer, department,	945
division, bureau, board, or commission of the government of the	946
state specifically made subject to sections 119.01 to 119.13 of	947
the Revised Code, and the licensing functions of any	948
administrative or executive officer, department, division, bureau,	949
board, or commission of the government of the state having the	950
authority or responsibility of issuing, suspending, revoking, or	951
canceling licenses.	952

Except as otherwise provided in division (I) of this section,	953
sectionsSections 119.01 to 119.13 of the Revised Code do not	954
apply to the public utilities commission. Sections 119.01 to	955
119.13 of the Revised Code do not apply to the utility	956
radiological safety board; to the controlling board; to actions of	957
the superintendent of financial institutions and the	958
superintendent of insurance in the taking possession of, and	959
rehabilitation or liquidation of, the business and property of	960
banks, savings and loan associations, savings banks, credit	961
unions, insurance companies, associations, reciprocal fraternal	962
benefit societies, and bond investment companies; to any action	963
taken by the division of securities under section 1707.201 of the	964
Revised Code; or to any action that may be taken by the	965
superintendent of financial institutions under section 1113.03,	966
1121.06, 1121.10, 1125.09, 1125.12, 1125.18, 1157.09, 1157.12,	967
1157.18, 1165.09, 1165.12, 1165.18, 1349.33, 1733.35, 1733.361,	968
1733.37, or 1761.03 of the Revised Code.	969

Sections 119.01 to 119.13 of the Revised Code do not apply to	970
actions of the industrial commission or the bureau of workers'	971
compensation under sections 4123.01 to 4123.94 of the Revised Code	972
with respect to all matters of adjudication, or to the actions of	973
the industrial commission, bureau of workers' compensation board	974
of directors, and bureau of workers' compensation under division	975
(D) of section 4121.32, sections 4123.29, 4123.34, 4123.341,	976
4123.342, 4123.40, 4123.411, 4123.44, 4123.442, 4127.07, divisions	977
(B), (C), and (E) of section 4131.04, and divisions (B), (C), and	978
(E) of section 4131.14 of the Revised Code with respect to all	979
matters concerning the establishment of premium, contribution, and	980
assessment rates.	981

(2) "Agency" also means any official or work unit having	982
authority to promulgate rules or make adjudications in the	983
department of job and family services, but only with respect to	984
both of the following:	985

(a) The adoption, amendment, or rescission of rules that	986
section 5101.09 of the Revised Code requires be adopted in	987
accordance with this chapter;	988

(b) The issuance, suspension, revocation, or cancellation of	989
licenses.	990

(B) "License" means any license, permit, certificate,	991
commission, or charter issued by any agency. "License" does not	992
include any arrangement whereby a person, institution, or entity	993
furnishes medicaid services under a provider agreement with the	994
department of job and family services pursuant to Title XIX of the	995
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	996
amended.	997

(C) "Rule" means any rule, regulation, or standard, having a	998
general and uniform operation, adopted, promulgated, and enforced	999
by any agency under the authority of the laws governing such	1000
agency, and includes any appendix to a rule. "Rule" does not	1001
include any internal management rule of an agency unless the	1002
internal management rule affects private rights and does not	1003
include any guideline adopted pursuant to section 3301.0714 of the	1004
Revised Code.	1005

(D) "Adjudication" means the determination by the highest or	1006
ultimate authority of an agency of the rights, duties, privileges,	1007
benefits, or legal relationships of a specified person, but does	1008
not include the issuance of a license in response to an	1009
application with respect to which no question is raised, nor other	1010
acts of a ministerial nature.	1011

(E) "Hearing" means a public hearing by any agency in	1012
compliance with procedural safeguards afforded by sections 119.01	1013
to 119.13 of the Revised Code.	1014

(F) "Person" means a person, firm, corporation, association,	1015
or partnership.	1016

(G) "Party" means the person whose interests are the subject	1017
of an adjudication by an agency.	1018

(H) "Appeal" means the procedure by which a person, aggrieved	1019
by a finding, decision, order, or adjudication of any agency,	1020
invokes the jurisdiction of a court.	1021

(I) "Rule-making agency" means any board, commission,	1022
department, division, or bureau of the government of the state	1023
that is required to file proposed rules, amendments, or	1024
rescissions under division (D) of section 111.15 of the Revised	1025
Code and any agency that is required to file proposed rules,	1026
amendments, or rescissions under divisions (B) and (H) of section	1027
119.03 of the Revised Code. "Rule-making agency" includes the	1028
public utilities commission. "Rule-making agency" does not include	1029
any state-supported college or university.	1030

(J) "Substantive revision" means any addition to, elimination	1031
from, or other change in a rule, an amendment of a rule, or a	1032
rescission of a rule, whether of a substantive or procedural	1033
nature, that changes any of the following:	1034

(1) That which the rule, amendment, or rescission permits,	1035
authorizes, regulates, requires, prohibits, penalizes, rewards, or	1036
otherwise affects;	1037

(2) The scope or application of the rule, amendment, or	1038
rescission.	1039

(K) "Internal management rule" means any rule, regulation, or	1040
standard governing the day-to-day staff procedures and operations	1041
within an agency.	1042

Sec. 119.03.  In the adoption, amendment, or rescission of	1043
any rule, an agency shall comply with the following procedure:	1044

(A) Reasonable public notice shall be given in the register	1045
of Ohio at least thirty days prior to the date set for a hearing,	1046
in the form the agency determines. The agency shall file copies of	1047
the public notice under division (B) of this section. (The agency	1048
gives public notice in the register of Ohio when the public notice	1049
is published in the register under that division.)	1050

The public notice shall include:

1051

(1) A statement of the agency's intention to consider	1052
adopting, amending, or rescinding a rule;	1053

(2) A synopsis of the proposed rule, amendment, or rule to be	1054
rescinded or a general statement of the subject matter to which	1055
the proposed rule, amendment, or rescission relates;	1056

(3) A statement of the reason or purpose for adopting,	1057
amending, or rescinding the rule;	1058

(4) The date, time, and place of a hearing on the proposed	1059
action, which shall be not earlier than the thirty-first nor later	1060
than the fortieth day after the proposed rule, amendment, or	1061
rescission is filed under division (B) of this section.	1062

In addition to public notice given in the register of Ohio,	1063
the agency may give whatever other notice it reasonably considers	1064
necessary to ensure notice constructively is given to all persons	1065
who are subject to or affected by the proposed rule, amendment, or	1066
rescission.	1067

The agency shall provide a copy of the public notice required	1068
under division (A) of this section to any person who requests it	1069
and pays a reasonable fee, not to exceed the cost of copying and	1070
mailing.	1071

(B) The full text of the proposed rule, amendment, or rule to	1072
be rescinded, accompanied by the public notice required under	1073
division (A) of this section, shall be filed in electronic form	1074
with the secretary of state and with the director of the	1075
legislative service commission. (If in compliance with this	1076
division an agency files more than one proposed rule, amendment,	1077
or rescission at the same time, and has prepared a public notice	1078
under division (A) of this section that applies to more than one	1079
of the proposed rules, amendments, or rescissions, the agency	1080
shall file only one notice with the secretary of state and with	1081
the director for all of the proposed rules, amendments, or	1082
rescissions to which the notice applies.) The proposed rule,	1083
amendment, or rescission and public notice shall be filed as	1084
required by this division at least sixty-five days prior to the	1085
date on which the agency, in accordance with division (D)(E) of	1086
this section, issues an order adopting the proposed rule,	1087
amendment, or rescission.	1088

If the proposed rule, amendment, or rescission incorporates a	1089
text or other material by reference, the agency shall comply with	1090
sections 121.71 to 121.76 of the Revised Code.	1091

The proposed rule, amendment, or rescission shall be	1092
available for at least thirty days prior to the date of the	1093
hearing at the office of the agency in printed or other legible	1094
form without charge to any person affected by the proposal.	1095
Failure to furnish such text to any person requesting it shall not	1096
invalidate any action of the agency in connection therewith.	1097

If the agency files a substantive revision in the text of the	1098
proposed rule, amendment, or rescission under division (H) of this	1099
section, it shall also promptly file the full text of the proposed	1100
rule, amendment, or rescission in its revised form in electronic	1101
form with the secretary of state and with the director of the	1102
legislative service commission.	1103

The agency shall file the rule summary and fiscal analysis	1104
prepared under section 127.18 of the Revised Code in electronic	1105
form along with a proposed rule, amendment, or rescission or	1106
proposed rule, amendment, or rescission in revised form that is	1107
filed with the secretary of state or the director of the	1108
legislative service commission.	1109

The director of the legislative service commission shall	1110
publish in the register of Ohio the full text of the original and	1111
each revised version of a proposed rule, amendment, or rescission;	1112
the full text of a public notice; and the full text of a rule	1113
summary and fiscal analysis that is filed with the director under	1114
this division.	1115

(C) When an agency files a proposed rule, amendment, or	1116
rescission under division (B) of this section, it also shall file	1117
in electronic form with the joint committee on agency rule review	1118
the full text of the proposed rule, amendment, or rule to be	1119
rescinded in the same form and the public notice required under	1120
division (A) of this section. (If in compliance with this division	1121
an agency files more than one proposed rule, amendment, or	1122
rescission at the same time, and has given a public notice under	1123
division (A) of this section that applies to more than one of the	1124
proposed rules, amendments, or rescissions, the agency shall file	1125
only one notice with the joint committee for all of the proposed	1126
rules, amendments, or rescissions to which the notice applies.)	1127
The proposed rule, amendment, or rescission is subject to	1128
legislative review and invalidation under sections 106.02,	1129
106.021, and 106.022 of the Revised Code. If the agency makes a	1130
revision in a proposed rule, amendment, or rescission after it is	1131
filed with the joint committee, the agency promptly shall file the	1132
full text of the proposed rule, amendment, or rescission in its	1133
revised form in electronic form with the joint committee. An	1134
agency shall file the rule summary and fiscal analysis prepared	1135
under section 127.18 of the Revised Code in electronic form along	1136
with a proposed rule, amendment, or rescission, and along with a	1137
proposed rule, amendment, or rescission in revised form, that is	1138
filed under this division. If a proposed rule, amendment, or	1139
rescission has an adverse impact on businesses, the agency also	1140
shall file the business impact analysis, any recommendations	1141
received from the common sense initiative office, and the agency's	1142
memorandum of response, if any, in electronic form along with the	1143
proposed rule, amendment, or rescission, or along with the	1144
proposed rule, amendment, or rescission in revised form, that is	1145
filed under this division.	1146

This division does not apply to:

1147

(1) An emergency rule, amendment, or rescission;

1148

(2) A proposed rule, amendment, or rescission that must be	1149
adopted verbatim by an agency pursuant to federal law or rule, to	1150
become effective within sixty days of adoption, in order to	1151
continue the operation of a federally reimbursed program in this	1152
state, so long as the proposed rule contains both of the	1153
following:	1154

(a) A statement that it is proposed for the purpose of	1155
complying with a federal law or rule;	1156

(b) A citation to the federal law or rule that requires	1157
verbatim compliance.	1158

If a rule or amendment is exempt from legislative review	1159
under division (C)(2) of this section, and if the federal law or	1160
rule pursuant to which the rule or amendment was adopted expires,	1161
is repealed or rescinded, or otherwise terminates, the rule or	1162
amendment, or its rescission, is thereafter subject to legislative	1163
review under division (C) of this section.	1164

(D) On the date and at the time and place designated in the	1165
notice, the agency shall conduct a public hearing at which any	1166
person affected by the proposed action of the agency may appear	1167
and be heard in person, by the person's attorney, or both, may	1168
present the person's position, arguments, or contentions, orally	1169
or in writing, offer and examine witnesses, and present evidence	1170
tending to show that the proposed rule, amendment, or rescission,	1171
if adopted or effectuated, will be unreasonable or unlawful. An	1172
agency may permit persons affected by the proposed rule,	1173
amendment, or rescission to present their positions, arguments, or	1174
contentions in writing, not only at the hearing, but also for a	1175
reasonable period before, after, or both before and after the	1176
hearing. A person who presents a position or arguments or	1177
contentions in writing before or after the hearing is not required	1178
to appear at the hearing.	1179

At the hearing, the testimony shall be recorded. Such record	1180
shall be made at the expense of the agency. The agency is required	1181
to transcribe a record that is not sight readable only if a person	1182
requests transcription of all or part of the record and agrees to	1183
reimburse the agency for the costs of the transcription. An agency	1184
may require the person to pay in advance all or part of the cost	1185
of the transcription.	1186

In any hearing under this section the agency may administer	1187
oaths or affirmations.	1188

(D)(E) After complying with divisions (A), (B), (C), and	1189
(H)(D) of this section have been complied with, and when the time	1190
for legislative review and invalidation under division (I) of this	1191
sectionsections 106.02, 106.022, and 106.023 of the Revised Code	1192
has expired without recommendation of a concurrent resolution to	1193
invalidate the proposed rule, amendment, or rescission, the agency	1194
may issue an order adopting the proposed rule or the proposed	1195
amendment or rescission of the rule, consistent with the synopsis	1196
or general statement included in the public notice. At that time	1197
the agency shall designate the effective date of the rule,	1198
amendment, or rescission, which shall not be earlier than the	1199
tenth day after the rule, amendment, or rescission has been filed	1200
in its final form as provided in section 119.04 of the Revised	1201
Code.	1202

(E)(F) Prior to the effective date of a rule, amendment, or	1203
rescission, the agency shall make a reasonable effort to inform	1204
those affected by the rule, amendment, or rescission and to have	1205
available for distribution to those requesting it the full text of	1206
the rule as adopted or as amended.	1207

(F)(G) If the governor, upon the request of an agency,	1208
determines that an emergency requires the immediate adoption,	1209
amendment, or rescission of a rule, the governor shall issue an	1210
order, the text of which shall be filed in electronic form with	1211
the agency, the secretary of state, the director of the	1212
legislative service commission, and the joint committee on agency	1213
rule review, that the procedure prescribed by this section with	1214
respect to the adoption, amendment, or rescission of a specified	1215
rule is suspended. The agency may then adopt immediately the	1216
emergency rule, amendment, or rescission and it becomes effective	1217
on the date the rule, amendment, or rescission, in final form and	1218
in compliance with division (A)(2) of section 119.04 of the	1219
Revised Code, is filed in electronic form with the secretary of	1220
state, the director of the legislative service commission, and the	1221
joint committee on agency rule review. If all filings are not	1222
completed on the same day, the emergency rule, amendment, or	1223
rescission shall be effective on the day on which the latest	1224
filing is completed. The director shall publish the full text of	1225
the emergency rule, amendment, or rescission in the register of	1226
Ohio.	1227

The emergency rule, amendment, or rescission shall become	1228
invalid at the end of the ninetiethone hundred twentieth day it	1229
is in effect. Prior to that date the agency may adopt the	1230
emergency rule, amendment, or rescission as a nonemergency rule,	1231
amendment, or rescission by complying with the procedure	1232
prescribed by this section for the adoption, amendment, and	1233
rescission of nonemergency rules. The agency shall not use the	1234
procedure of this division to readopt the emergency rule,	1235
amendment, or rescission so that, upon the emergency rule,	1236
amendment, or rescission becoming invalid under this division, the	1237
emergency rule, amendment, or rescission will continue in effect	1238
without interruption for another ninety-dayone hundred twenty-day	1239
period, except when division (I)(2)(a) of this section 106.02 of	1240
the Revised Code prevents the agency from adopting the emergency	1241
rule, amendment, or rescission as a nonemergency rule, amendment,	1242
or rescission within the ninety-dayone hundred twenty-day period.	1243

This division does not apply to the adoption of any emergency	1244
rule, amendment, or rescission by the tax commissioner under	1245
division (C)(2) of section 5117.02 of the Revised Code.	1246

(G)(H) Rules adopted by an authority within the department of	1247
job and family services for the administration or enforcement of	1248
Chapter 4141. of the Revised Code or of the department of taxation	1249
shall be effective without a hearing as provided by this section	1250
if the statutes pertaining to such agency specifically give a	1251
right of appeal to the board of tax appeals or to a higher	1252
authority within the agency or to a court, and also give the	1253
appellant a right to a hearing on such appeal. This division does	1254
not apply to the adoption of any rule, amendment, or rescission by	1255
the tax commissioner under division (C)(1) or (2) of section	1256
5117.02 of the Revised Code, or deny the right to file an action	1257
for declaratory judgment as provided in Chapter 2721. of the	1258
Revised Code from the decision of the board of tax appeals or of	1259
the higher authority within such agency.	1260

(H) When any agency files a proposed rule, amendment, or	1261
rescission under division (B) of this section, it shall also file	1262
in electronic form with the joint committee on agency rule review	1263
the full text of the proposed rule, amendment, or rule to be	1264
rescinded in the same form and the public notice required under	1265
division (A) of this section. (If in compliance with this division	1266
an agency files more than one proposed rule, amendment, or	1267
rescission at the same time, and has given a public notice under	1268
division (A) of this section that applies to more than one of the	1269
proposed rules, amendments, or rescissions, the agency shall file	1270
only one notice with the joint committee for all of the proposed	1271
rules, amendments, or rescissions to which the notice applies.) If	1272
the agency makes a substantive revision in a proposed rule,	1273
amendment, or rescission after it is filed with the joint	1274
committee, the agency shall promptly file the full text of the	1275
proposed rule, amendment, or rescission in its revised form in	1276
electronic form with the joint committee. The latest version of a	1277
proposed rule, amendment, or rescission as filed with the joint	1278
committee supersedes each earlier version of the text of the same	1279
proposed rule, amendment, or rescission. An agency shall file the	1280
rule summary and fiscal analysis prepared under section 127.18 of	1281
the Revised Code in electronic form along with a proposed rule,	1282
amendment, or rescission, and along with a proposed rule,	1283
amendment, or rescission in revised form, that is filed under this	1284
division. If a proposed rule, amendment, or rescission has an	1285
adverse impact on businesses, the agency also shall file the	1286
business impact analysis, any recommendations received from the	1287
common sense initiative office, and the agency's memorandum of	1288
response, if any, in electronic form along with the proposed rule,	1289
amendment, or rescission, or along with the proposed rule,	1290
amendment, or rescission in revised form, that is filed under this	1291
division.	1292

This division does not apply to:

1293

(1) An emergency rule, amendment, or rescission;

1294

(2) Any proposed rule, amendment, or rescission that must be	1295
adopted verbatim by an agency pursuant to federal law or rule, to	1296
become effective within sixty days of adoption, in order to	1297
continue the operation of a federally reimbursed program in this	1298
state, so long as the proposed rule contains both of the	1299
following:	1300

(a) A statement that it is proposed for the purpose of	1301
complying with a federal law or rule;	1302

(b) A citation to the federal law or rule that requires	1303
verbatim compliance.	1304

If a rule or amendment is exempt from legislative review	1305
under division (H)(2) of this section, and if the federal law or	1306
rule pursuant to which the rule or amendment was adopted expires,	1307
is repealed or rescinded, or otherwise terminates, the rule or	1308
amendment, or its rescission, is thereafter subject to legislative	1309
review under division (H) of this section.	1310

(I)(1) The joint committee on agency rule review may	1311
recommend the adoption of a concurrent resolution invalidating a	1312
proposed rule, amendment, rescission, or part thereof if it finds	1313
any of the following:	1314

(a) That the rule-making agency has exceeded the scope of its	1315
statutory authority in proposing the rule, amendment, or	1316
rescission;	1317

(b) That the proposed rule, amendment, or rescission	1318
conflicts with another rule, amendment, or rescission adopted by	1319
the same or a different rule-making agency;	1320

(c) That the proposed rule, amendment, or rescission	1321
conflicts with the legislative intent in enacting the statute	1322
under which the rule-making agency proposed the rule, amendment,	1323
or rescission;	1324

(d) That the rule-making agency has failed to prepare a	1325
complete and accurate rule summary and fiscal analysis of the	1326
proposed rule, amendment, or rescission as required by section	1327
127.18 of the Revised Code;	1328

(e) That the proposed rule, amendment, or rescission	1329
incorporates a text or other material by reference and either the	1330
rule-making agency has failed to file the text or other material	1331
incorporated by reference as required by section 121.73 of the	1332
Revised Code or, in the case of a proposed rule or amendment, the	1333
incorporation by reference fails to meet the standards stated in	1334
section 121.72, 121.75, or 121.76 of the Revised Code;	1335

(f) That the rule-making agency has failed to demonstrate	1336
through the business impact analysis, recommendations from the	1337
common sense initiative office, and the memorandum of response the	1338
agency has filed under division (H) of this section that the	1339
regulatory intent of the proposed rule, amendment, or rescission	1340
justifies its adverse impact on businesses in this state.	1341

The joint committee shall not hold its public hearing on a	1342
proposed rule, amendment, or rescission earlier than the	1343
forty-first day after the original version of the proposed rule,	1344
amendment, or rescission was filed with the joint committee.	1345

The house of representatives and senate may adopt a	1346
concurrent resolution invalidating a proposed rule, amendment,	1347
rescission, or part thereof. The concurrent resolution shall state	1348
which of the specific rules, amendments, rescissions, or parts	1349
thereof are invalidated. A concurrent resolution invalidating a	1350
proposed rule, amendment, or rescission shall be adopted not later	1351
than the sixty-fifth day after the original version of the text of	1352
the proposed rule, amendment, or rescission is filed with the	1353
joint committee, except that if more than thirty-five days after	1354
the original version is filed the rule-making agency either files	1355
a revised version of the text of the proposed rule, amendment, or	1356
rescission, or revises the rule summary and fiscal analysis in	1357
accordance with division (I)(4) of this section, a concurrent	1358
resolution invalidating the proposed rule, amendment, or	1359
rescission shall be adopted not later than the thirtieth day after	1360
the revised version of the proposed rule or rule summary and	1361
fiscal analysis is filed. If, after the joint committee on agency	1362
rule review recommends the adoption of a concurrent resolution	1363
invalidating a proposed rule, amendment, rescission, or part	1364
thereof, the house of representatives or senate does not, within	1365
the time remaining for adoption of the concurrent resolution, hold	1366
five floor sessions at which its journal records a roll call vote	1367
disclosing a sufficient number of members in attendance to pass a	1368
bill, the time within which that house may adopt the concurrent	1369
resolution is extended until it has held five such floor sessions.	1370

Within five days after the adoption of a concurrent	1371
resolution invalidating a proposed rule, amendment, rescission, or	1372
part thereof, the clerk of the senate shall send the rule-making	1373
agency, the secretary of state, and the director of the	1374
legislative service commission in electronic form a certified text	1375
of the resolution together with a certification stating the date	1376
on which the resolution takes effect. The secretary of state and	1377
the director of the legislative service commission shall each note	1378
the invalidity of the proposed rule, amendment, rescission, or	1379
part thereof, and shall each remove the invalid proposed rule,	1380
amendment, rescission, or part thereof from the file of proposed	1381
rules. The rule-making agency shall not proceed to adopt in	1382
accordance with division (D) of this section, or to file in	1383
accordance with division (B)(1) of section 111.15 of the Revised	1384
Code, any version of a proposed rule, amendment, rescission, or	1385
part thereof that has been invalidated by concurrent resolution.	1386

Unless the house of representatives and senate adopt a	1387
concurrent resolution invalidating a proposed rule, amendment,	1388
rescission, or part thereof within the time specified by this	1389
division, the rule-making agency may proceed to adopt in	1390
accordance with division (D) of this section, or to file in	1391
accordance with division (B)(1) of section 111.15 of the Revised	1392
Code, the latest version of the proposed rule, amendment, or	1393
rescission as filed with the joint committee. If by concurrent	1394
resolution certain of the rules, amendments, rescissions, or parts	1395
thereof are specifically invalidated, the rule-making agency may	1396
proceed to adopt, in accordance with division (D) of this section,	1397
or to file in accordance with division (B)(1) of section 111.15 of	1398
the Revised Code, the latest version of the proposed rules,	1399
amendments, rescissions, or parts thereof as filed with the joint	1400
committee that are not specifically invalidated. The rule-making	1401
agency may not revise or amend any proposed rule, amendment,	1402
rescission, or part thereof that has not been invalidated except	1403
as provided in this chapter or in section 111.15 of the Revised	1404
Code.	1405

(2)(a) A proposed rule, amendment, or rescission that is	1406
filed with the joint committee under division (H) of this section	1407
or division (D) of section 111.15 of the Revised Code shall be	1408
carried over for legislative review to the next succeeding regular	1409
session of the general assembly if the original or any revised	1410
version of the proposed rule, amendment, or rescission is filed	1411
with the joint committee on or after the first day of December of	1412
any year.	1413

(b) The latest version of any proposed rule, amendment, or	1414
rescission that is subject to division (I)(2)(a) of this section,	1415
as filed with the joint committee, is subject to legislative	1416
review and invalidation in the next succeeding regular session of	1417
the general assembly in the same manner as if it were the original	1418
version of a proposed rule, amendment, or rescission that had been	1419
filed with the joint committee for the first time on the first day	1420
of the session. A rule-making agency shall not adopt in accordance	1421
with division (D) of this section, or file in accordance with	1422
division (B)(1) of section 111.15 of the Revised Code, any version	1423
of a proposed rule, amendment, or rescission that is subject to	1424
division (I)(2)(a) of this section until the time for legislative	1425
review and invalidation, as contemplated by division (I)(2)(b) of	1426
this section, has expired.	1427

(3) Invalidation of any version of a proposed rule,	1428
amendment, rescission, or part thereof by concurrent resolution	1429
shall prevent the rule-making agency from instituting or	1430
continuing proceedings to adopt any version of the same proposed	1431
rule, amendment, rescission, or part thereof for the duration of	1432
the general assembly that invalidated the proposed rule,	1433
amendment, rescission, or part thereof unless the same general	1434
assembly adopts a concurrent resolution permitting the rule-making	1435
agency to institute or continue such proceedings.	1436

The failure of the general assembly to invalidate a proposed	1437
rule, amendment, rescission, or part thereof under this section	1438
shall not be construed as a ratification of the lawfulness or	1439
reasonableness of the proposed rule, amendment, rescission, or any	1440
part thereof or of the validity of the procedure by which the	1441
proposed rule, amendment, rescission, or any part thereof was	1442
proposed or adopted.	1443

(4) In lieu of recommending a concurrent resolution to	1444
invalidate a proposed rule, amendment, rescission, or part thereof	1445
because the rule-making agency has failed to prepare a complete	1446
and accurate fiscal analysis, the joint committee on agency rule	1447
review may issue, on a one-time basis, for rules, amendments,	1448
rescissions, or parts thereof that have a fiscal effect on school	1449
districts, counties, townships, or municipal corporations, a	1450
finding that the rule summary and fiscal analysis is incomplete or	1451
inaccurate and order the rule-making agency to revise the rule	1452
summary and fiscal analysis and refile it with the proposed rule,	1453
amendment, rescission, or part thereof. If an emergency rule is	1454
filed as a nonemergency rule before the end of the ninetieth day	1455
of the emergency rule's effectiveness, and the joint committee	1456
issues a finding and orders the rule-making agency to refile under	1457
division (I)(4) of this section, the governor may also issue an	1458
order stating that the emergency rule shall remain in effect for	1459
an additional sixty days after the ninetieth day of the emergency	1460
rule's effectiveness. The governor's orders shall be filed in	1461
accordance with division (F) of this section. The joint committee	1462
shall send in electronic form to the rule-making agency, the	1463
secretary of state, and the director of the legislative service	1464
commission a certified text of the finding and order to revise the	1465
rule summary and fiscal analysis, which shall take immediate	1466
effect.	1467

An order issued under division (I)(4) of this section shall	1468
prevent the rule-making agency from instituting or continuing	1469
proceedings to adopt any version of the proposed rule, amendment,	1470
rescission, or part thereof until the rule-making agency revises	1471
the rule summary and fiscal analysis and refiles it in electronic	1472
form with the joint committee along with the proposed rule,	1473
amendment, rescission, or part thereof. If the joint committee	1474
finds the rule summary and fiscal analysis to be complete and	1475
accurate, the joint committee shall issue a new order noting that	1476
the rule-making agency has revised and refiled a complete and	1477
accurate rule summary and fiscal analysis. The joint committee	1478
shall send in electronic form to the rule-making agency, the	1479
secretary of state, and the director of the legislative service	1480
commission a certified text of this new order. The secretary of	1481
state and the director of the legislative service commission shall	1482
each link this order to the proposed rule, amendment, rescission,	1483
or part thereof. The rule-making agency may then proceed to adopt	1484
in accordance with division (D) of this section, or to file in	1485
accordance with division (B)(1) of section 111.15 of the Revised	1486
Code, the proposed rule, amendment, rescission, or part thereof	1487
that was subject to the finding and order under division (I)(4) of	1488
this section. If the joint committee determines that the revised	1489
rule summary and fiscal analysis is still inaccurate or	1490
incomplete, the joint committee shall recommend the adoption of a	1491
concurrent resolution in accordance with division (I)(1) of this	1492
section.	1493

Sec. 119.04.  (A)(1) Any rule adopted by any agency shall be	1494
effective on the tenth day after the day on which the rule in	1495
final form and in compliance with division (A)(2) of this section	1496
is filed as follows:	1497

(a) The rule shall be filed in electronic form with both the	1498
secretary of state and the director of the legislative service	1499
commission;	1500

(b) The rule shall be filed in electronic form with the joint	1501
committee on agency rule review. Division (A)(1)(b) of this	1502
section does not apply to any rule to which division (H)(C) of	1503
section 119.03 of the Revised Code does not apply.	1504

If all filings are not completed on the same day, the rule	1505
shall be effective on the tenth day after the day on which the	1506
latest filing is completed. If an agency in adopting a rule	1507
designates an effective date that is later than the effective date	1508
provided for by this division, the rule if filed as required by	1509
this division shall become effective on the later date designated	1510
by the agency.	1511

An agency that adopts or amends a rule that is subject to	1512
division (H) of section 119.03106.03 of the Revised Code shall	1513
assign a review date to the rule that is not later than five years	1514
after its effective date. If no review date is assigned to a rule,	1515
or if a review date assigned to a rule exceeds the five-year	1516
maximum, the review date for the rule is five years after its	1517
effective date. A rule with a review date is subject to review	1518
under section 119.032106.03 of the Revised Code. This paragraph	1519
does not apply to the department of taxation.	1520

(2) The agency shall file the rule in compliance with the	1521
following standards and procedures:	1522

(a) The rule shall be numbered in accordance with the	1523
numbering system devised by the director for the Ohio	1524
administrative code.	1525

(b) The rule shall be prepared and submitted in compliance	1526
with the rules of the legislative service commission.	1527

(c) The rule shall clearly state the date on which it is to	1528
be effective and the date on which it will expire, if known.	1529

(d) Each rule that amends or rescinds another rule shall	1530
clearly refer to the rule that is amended or rescinded. Each	1531
amendment shall fully restate the rule as amended.	1532

If the director of the legislative service commission or the	1533
director's designee gives an agency notice pursuant to section	1534
103.05 of the Revised Code that a rule filed by the agency is not	1535
in compliance with the rules of the commission, the agency shall	1536
within thirty days after receipt of the notice conform the rule to	1537
the rules of the commission as directed in the notice.	1538

(3) As used in this section, "rule" includes an amendment or	1539
rescission of a rule.	1540

(B) The secretary of state and the director shall preserve	1541
the rules filed under division (A)(1)(a) of this section in an	1542
accessible manner. Each such rule shall be a public record open to	1543
public inspection and may be transmitted to any law publishing	1544
company that wishes to reproduce it.	1545

Any rule that has been adopted in compliance with section	1546
119.03 of the Revised Code and that is in effect before January 1,	1547
1977, may be divided into sections, numbered, provided with a	1548
subject heading, and filed with the secretary of state and the	1549
director to comply with the provisions of this section without	1550
carrying out the adoption procedure required by section 119.03 of	1551
the Revised Code. The codification of existing rules to comply	1552
with this section shall not constitute adoption, amendment, or	1553
rescission.	1554

Sec. 121.39.  (A) As used in this section, "environmental	1555
protection" means any of the following:	1556

(1) Protection of human health or safety, biological	1557
resources, or natural resources by preventing, reducing, or	1558
remediating the pollution or degradation of air, land, or water	1559
resources or by preventing or limiting the exposure of humans,	1560
animals, or plants to pollution;	1561

(2) Appropriation or regulation of privately owned property	1562
to preserve air, land, or water resources in a natural state or to	1563
wholly or partially restore them to a natural state;	1564

(3) Regulation of the collection, management, treatment,	1565
reduction, storage, or disposal of solid, hazardous, radioactive,	1566
or other wastes;	1567

(4) Plans or programs to promote or regulate the	1568
conservation, recycling, or reuse of energy, materials, or wastes.	1569

(B) Except as otherwise provided in division (E) of this	1570
section, when proposed legislation dealing with environmental	1571
protection or containing a component dealing with environmental	1572
protection is referred to a committee of the general assembly,	1573
other than a committee on rules or reference, the sponsor of the	1574
legislation, at the time of the first hearing of the legislation	1575
before the committee, shall submit to the members of the committee	1576
a written statement identifying either the documentation that is	1577
the basis of the legislation or the federal requirement or	1578
requirements with which the legislation is intended to comply. If	1579
the legislation is not based on documentation or has not been	1580
introduced to comply with a federal requirement or requirements,	1581
the written statement from the sponsor shall so indicate.	1582

Also at the time of the first hearing of the legislation	1583
before the committee, a statewide organization that represents	1584
businesses in this state and that elects its board of directors	1585
may submit to the members of the committee a written estimate of	1586
the costs to the regulated community in this state of complying	1587
with the legislation if it is enacted.	1588

At any hearing of the legislation before the committee, a	1589
representative of any state agency, environmental advocacy	1590
organization, or consumer advocacy organization or any private	1591
citizen may present documentation containing an estimate of the	1592
monetary and other costs to public health and safety and the	1593
environment and to consumers and residential utility customers,	1594
and the effects on property values, if the legislation is not	1595
enacted.	1596

(C) Until such time as the statement required under division	1597
(B) of this section is submitted to the committee to which	1598
proposed legislation dealing with environmental protection or	1599
containing a component dealing with environmental protection was	1600
referred, the legislation shall not be reported by that committee.	1601
This requirement does not apply if the component dealing with	1602
environmental protection is removed from the legislation or if	1603
two-thirds of the members of the committee vote in favor of a	1604
motion to report the proposed legislation.	1605

(D) Except as otherwise provided in division (E) of this	1606
section, prior to adopting a rule or an amendment proposed to a	1607
rule dealing with environmental protection or containing a	1608
component dealing with environmental protection, a state agency	1609
shall do all of the following:	1610

(1) Consult with organizations that represent political	1611
subdivisions, environmental interests, business interests, and	1612
other persons affected by the proposed rule or amendment;	1613

(2) Consider documentation relevant to the need for, the	1614
environmental benefits or consequences of, other benefits of, and	1615
the technological feasibility of the proposed rule or amendment;	1616

(3) Specifically identify whether the proposed rule or	1617
amendment is being adopted or amended to enable the state to	1618
obtain or maintain approval to administer and enforce a federal	1619
environmental law or to participate in a federal environmental	1620
program, whether the proposed rule or amendment is more stringent	1621
than its federal counterpart, and, if the proposed rule or	1622
amendment is more stringent, the rationale for not incorporating	1623
its federal counterpart;	1624

(4) Include with the proposed rule or amendment and the rule	1625
summary and fiscal analysis required under section 127.18 of the	1626
Revised Code, when they are filed with the joint committee on	1627
agency rule review in accordance with division (D) of section	1628
111.15 or division (H)(C) of section 119.03 of the Revised Code,	1629
one of the following in electronic form, as applicable:	1630

(a) The information identified under division (D)(3) of this	1631
section and, if the proposed rule or amendment is more stringent	1632
than its federal counterpart, as identified in that division, the	1633
documentation considered under division (D)(2) of this section;	1634

(b) If an amendment proposed to a rule is being adopted or	1635
amended under a state statute that establishes standards with	1636
which the amendment shall comply, and the proposed amendment is	1637
more stringent than the rule that it is proposing to amend, the	1638
documentation considered under division (D)(2) of this section;	1639

(c) If division (D)(4)(a) or (b) of this section is not	1640
applicable, the documentation considered under division (D)(2) of	1641
this section.	1642

If the agency subsequently files a revision of such a	1643
proposed rule or amendment in accordance with division (D) of	1644
section 111.15 or division (H)(C) of section 119.03 of the Revised	1645
Code, the revision shall be accompanied in electronic form by the	1646
applicable information or documentation.	1647

Division (D) of this section does not apply to any emergency	1648
rule adopted under division (B)(2) of section 111.15 or division	1649
(F)(G) of section 119.03 of the Revised Code, but does apply to	1650
any such rule that subsequently is adopted as a nonemergency rule	1651
under either of those divisions.	1652

The information or documentation submitted under division	1653
(D)(4) of this section may be in the form of a summary or index of	1654
available knowledge or information and shall consist of or be	1655
based upon the best available generally accepted knowledge or	1656
information in the appropriate fields, as determined by the agency	1657
that prepared the documentation.	1658

(E) The statement required under division (B) and the	1659
information or documentation required under division (D) of this	1660
section need not be prepared or submitted with regard to a	1661
proposed statute or rule, or an amendment to a rule, if the	1662
statute, rule, or amendment is procedural or budgetary in nature,	1663
or governs the organization or operation of a state agency, and	1664
will not affect the substantive rights or obligations of any	1665
person other than a state agency or an employee or contractor of a	1666
state agency.	1667

(F) The insufficiency, incompleteness, or inadequacy of a	1668
statement, information, documentation, or a summary of information	1669
or documentation provided in accordance with division (B) or (D)	1670
of this section shall not be grounds for invalidation of any	1671
statute, rule, or amendment to a rule.	1672

(G) This section applies only to the following:

1673

(1) Legislation and components of legislation dealing with	1674
environmental protection that are introduced in the general	1675
assembly after March 5, 1996;	1676

(2) Rules and rule amendments dealing with environmental	1677
protection that are filed with the joint committee on agency rule	1678
review in accordance with division (D) of section 111.15 or	1679
division (H)(C) of section 119.03 of the Revised Code after March	1680
5, 1996.	1681

Sec. 121.73.  As used in this section, "rule" has the same	1682
meaning as in section 121.71 of the Revised Code and also includes	1683
the rescission of an existing rule.	1684

(A) When an agency files the original or a revised version of	1685
a rule in proposed form under division (D) of section 111.15 or	1686
division (H)(C) of section 119.03, or a rule for review under	1687
section 119.032106.03 of the Revised Code, that incorporates a	1688
text or other material by reference, the agency also shall file in	1689
electronic form, one complete and accurate copy of the text or	1690
other material incorporated by reference with the joint committee	1691
on agency rule review. An agency is not, however, required to file	1692
a text or other material incorporated by reference with the joint	1693
committee if the agency revises a rule in proposed form that	1694
incorporates a text or other material by reference and the	1695
incorporation by reference in the revised version of the rule is	1696
identical to the incorporation by reference in the preceding	1697
version of the rule.	1698

If it is infeasible for the agency to file a text or other	1699
material incorporated by reference electronically, the agency, as	1700
soon as possible, but not later than three days after completing	1701
the electronic filing, shall deliver one complete and accurate	1702
copy of the text or other material incorporated by reference to	1703
the joint committee, and shall attach a memorandum to the text or	1704
other material identifying the filing to which it relates.	1705

An agency is not required to file a text or other material	1706
incorporated by reference into a rule that is proposed for	1707
rescission if it is infeasible for the agency to do so.	1708

An agency shall not file a copy of a text or other material	1709
incorporated by reference with the secretary of state or with the	1710
director of the legislative service commission.	1711

(B) Upon completing its review of a rule in proposed form, or	1712
its review of a rule, that incorporates a text or other material	1713
by reference, the joint committee shall forward its copy of the	1714
text or other material incorporated by reference to the director	1715
of the legislative service commission. The director shall maintain	1716
a file of texts and other materials that are or were incorporated	1717
by reference into rules.	1718

Sec. 121.74. As used in this section, "rule" has the same	1719
meaning as in section 121.71 of the Revised Code and also includes	1720
the rescission of an existing rule.	1721

When an agency files a rule in final form under division	1722
(B)(1) of section 111.15,or division (A)(1) of section 119.04,	1723
division (B)(1) of section 4141.14, or division (A) of section	1724
5703.14 of the Revised Code that incorporates or incorporated a	1725
text or other material by reference, the agency, prior to the	1726
effective date of the rule, shall either:	1727

(A) Deposit one complete and accurate copy of the text or	1728
other material incorporated by reference in each of the five	1729
depository libraries designated by the state library board; or	1730

(B) Display a complete and accurate copy of the text or other	1731
material incorporated by reference on a web site maintained or	1732
made available by the agency.	1733

An agency is not required to comply with this section if the	1734
text or other material incorporated by reference is identical to a	1735
text or other material the agency, at the time compliance with	1736
this section otherwise would be required, already is depositing or	1737
displaying under this section.	1738

Sec. 121.81. As used in sections 121.81 to 121.83 of the	1739
Revised Code:	1740

(A) "Agency" means a state agency that is required to file	1741
proposed rules for legislative review under division (D) of	1742
section 111.15 or division (H)(C) of section 119.03 of the Revised	1743
Code. "Agency" does not include the offices of governor,	1744
lieutenant governor, auditor of state, secretary of state,	1745
treasurer of state, or attorney general.	1746

(B) "Draft rule" means any newly proposed rule and any	1747
proposed amendment, adoption, or rescission of a rule prior to the	1748
filing of that rule for legislative review under division (D) of	1749
section 111.15 or division (H)(C) of section 119.03 of the Revised	1750
Code and includes a proposed amendment, adoption, or rescission of	1751
a rule in both its original and any revised form. "Draft rule"	1752
does not include an emergency rule adopted under division (B)(2)	1753
of section 111.15 or division (F)(G) of section 119.03 of the	1754
Revised Code, but does include a rule that is proposed to replace	1755
an emergency rule that expires under those divisions.	1756

Sections 121.81 to 121.83 and 121.91 of the Revised Code are	1757
complementary to sections 107.51 to 107.55 and 107.61 to 107.63 of	1758
the Revised Code.	1759

Sec. 121.82.  In the course of developing a draft rule that	1760
is intended to be proposed under division (D) of section 111.15 or	1761
division (H)(C) of section 119.03 of the Revised Code, an agency	1762
shall:	1763

(A) Evaluate the draft rule against the business impact	1764
analysis instrument. If, based on that evaluation, the draft rule	1765
will not have an adverse impact on businesses, the agency may	1766
proceed with the rule-filing process. If the evaluation determines	1767
that the draft rule will have an adverse impact on businesses, the	1768
agency shall incorporate features into the draft rule that will	1769
eliminate or adequately reduce any adverse impact the draft rule	1770
might have on businesses;	1771

(B) Prepare a business impact analysis that describes its	1772
evaluation of the draft rule against the business impact analysis	1773
instrument, that identifies any features that were incorporated	1774
into the draft rule as a result of the evaluation, and that	1775
explains how those features, if there were any, eliminate or	1776
adequately reduce any adverse impact the draft rule might have on	1777
businesses;	1778

(C) Transmit a copy of the full text of the draft rule and	1779
the business impact analysis electronically to the common sense	1780
initiative office, which information shall be made available to	1781
the public on the office's web site in accordance with section	1782
107.62 of the Revised Code;	1783

(D) Consider any recommendations made by the common sense	1784
initiative office with regard to the draft rule, and either	1785
incorporate into the draft rule features the recommendations	1786
suggest will eliminate or reduce any adverse impact the draft rule	1787
might have on businesses or document, in writing, the reasons	1788
those recommendations are not being incorporated into the draft	1789
rule; and	1790

(E) Prepare a memorandum of response identifying features	1791
suggested by any recommendations that were incorporated into the	1792
draft rule and features suggested by any recommendations that were	1793
not incorporated into the draft rule, explaining how the features	1794
that were incorporated into the draft rule eliminate or reduce any	1795
adverse impact the draft rule might have on businesses, and	1796
explaining why the features that were not incorporated into the	1797
draft rule were not incorporated.	1798

An agency may not file a proposed rule for legislative review	1799
under division (D) of section 111.15 or division (H)(C) of section	1800
119.03 of the Revised Code earlier than the sixteenth business day	1801
after electronically transmitting the draft rule to the common	1802
sense initiative office.	1803

Sec. 121.83.  (A) When an agency files a proposed rule for	1804
legislative review under division (D) of section 111.15 of the	1805
Revised Code or division (H) of section 119.03 of the Revised	1806
Code, the agency electronically shall file one copy of the	1807
business impact analysis, any recommendations received from the	1808
common sense initiative office, and the agency's memorandum of	1809
response, if any, along with the proposed rule.	1810

(B) The(1) Subject to section 106.05 of the Revised Code,	1811
the joint committee on agency rule review does not have	1812
jurisdiction to review, and shall reject, the filing of a proposed	1813
rule if, at any time while the proposed rule is in its possession,	1814
it discovers that the proposed rule might have an adverse impact	1815
on businesses and the agency has not included with the filing a	1816
business impact analysis or has included a business impact	1817
analysis that is inadequately prepared. The joint committee	1818
electronically shall return a filing that is rejected to the	1819
agency. Such a rejection does not preclude the agency from	1820
refiling the proposed rule after complying with section 121.82 of	1821
the Revised Code. When a filing is rejected under this division,	1822
it is as if the filing had not been made.	1823

(2) If the last previously filed version of a proposed rule,	1824
the filing of a later version of which has been rejected by the	1825
joint committee, remains in the possession of the joint committee,	1826
and if the time for legislative review of that previously filed	1827
version has expired, or if fewer than thirty days remain before	1828
the time for legislative review of that previously filed version	1829
expires, then the time for legislative review of that previously	1830
filed version is revived or extended, and recommendation of a	1831
concurrent resolution to invalidate that previously filed version	1832
may be adopted not later than the sixty-fifth day after the day on	1833
which the filing of the later version of the proposed rule was	1834
rejected. This deadline is subject to extension under section	1835
106.02 of the Revised Code.	1836

Sec. 127.18.  (A) As used in this section:

1837

(1) "Rule-making agencyAgency" has the same meaning as	1838
defined in division (I) of section 119.01106.01 of the Revised	1839
Code.	1840

(2) "Rule" includes the adoption, amendment, or rescission of	1841
a rule.	1842

(3) "Proposed rule" means the original version of a proposed	1843
rule, and each revised version of the same proposed rule, that is	1844
filed with the joint committee on agency rule review under	1845
division (D) of section 111.15 or division (H)(C) of section	1846
119.03 of the Revised Code.	1847

(B) A rule-makingAn agency shall prepare, in the form	1848
prescribed by the joint committee on agency rule review under	1849
division (E) of this section, a complete and accurate rule summary	1850
and fiscal analysis of each proposed rule that it files under	1851
division (D) of section 111.15 or division (H)(C) of section	1852
119.03 of the Revised Code. The rule summary and fiscal analysis	1853
shall include all of the following information:	1854

(1) The name, address, and telephone number of the	1855
rule-making agency, and the name and, telephone number, and	1856
electronic mail address of an individual or office within the	1857
agency designated by that agency to be responsible for	1858
coordinating and making available information in the possession of	1859
the agency regarding the proposed rule;	1860

(2) The Ohio Administrative Code rule number of the proposed	1861
rule;	1862

(3) A brief summary of, and the legal basis for, the proposed	1863
rule, including citations identifying the statute that prescribes	1864
the procedure in accordance with which the rule-making agency is	1865
required to adopt the proposed rule, the statute that authorizes	1866
the agency to adopt the proposed rule, and the statute that the	1867
agency intends to amplify or implement by adopting the proposed	1868
rule;	1869

(4) An estimate, in dollars, of the amount by which the	1870
proposed rule would increase or decrease revenues or expenditures	1871
during the current biennium;	1872

(5) A citation identifying the appropriation that authorizes	1873
each expenditure that would be necessitated by the proposed rule;	1874

(6) A summary of the estimated cost of compliance with the	1875
rule to all directly affected persons;	1876

(7) The reasons why the rule is being proposed;

1877

(8) If the rule has a fiscal effect on school districts,	1878
counties, townships, or municipal corporations, an estimate in	1879
dollars of the cost of compliance with the rule, or, if dollar	1880
amounts cannot be determined, a written explanation of why it was	1881
not possible to ascertain dollar amounts;	1882

(9) If the rule has a fiscal effect on school districts,	1883
counties, townships, or municipal corporations and is the result	1884
of a federal requirement, a clear explanation that the proposed	1885
state rule does not exceed the scope and intent of the	1886
requirement, or, if the state rule does exceed the minimum	1887
necessary federal requirement, a justification of the excess cost,	1888
and an estimate of the costs, including those costs for local	1889
governments, exceeding the federal requirement;	1890

(10) If the rule has a fiscal effect on school districts,	1891
counties, townships, or municipal corporations, a comprehensive	1892
cost estimate that includes the procedure and method of	1893
calculating the costs of compliance and identifies major cost	1894
categories including personnel costs, new equipment or other	1895
capital costs, operating costs, and indirect central service costs	1896
related to the rule. The fiscal analysis shall also include a	1897
written explanation of the agency's and the affected local	1898
government's ability to pay for the new requirements and a	1899
statement of any impact the rule will have on economic	1900
development.	1901

(11) If the rule incorporates a text or other material by	1902
reference, and the agency claims the incorporation by reference is	1903
exempt from compliance with sections 121.71 to 121.74 of the	1904
Revised Code because the text or other material is generally	1905
available to persons who reasonably can be expected to be affected	1906
by the rule, an explanation of how the text or other material is	1907
generally available to those persons;	1908

(12) If the rule incorporates a text or other material by	1909
reference, and it was infeasible for the agency to file the text	1910
or other material electronically, an explanation of why filing the	1911
text or other material electronically was infeasible;	1912

(13) If the rule is being rescinded and incorporates a text	1913
or other material by reference, and it was infeasible for the	1914
agency to file the text or other material, an explanation of why	1915
filing the text or other material was infeasible;	1916

(14) Any other information the joint committee on agency rule	1917
review considers necessary to make the proposed rule or the fiscal	1918
effect of the proposed rule fully understandable.	1919

(C) The rule-making agency shall file the rule summary and	1920
fiscal analysis in electronic form along with the proposed rule	1921
that it files under divisionsdivision (D) and (E) of section	1922
111.15 or divisions (B) and (H)(C) of section 119.03 of the	1923
Revised Code. The joint committee on agency rule review shall not	1924
accept any proposed rule for filing unless a copy of the rule	1925
summary and fiscal analysis of the proposed rule, completely and	1926
accurately prepared, is filed along with the proposed rule.	1927

(D) The joint committee on agency rule review shall review	1928
the fiscal effect of each proposed rule that is filed under	1929
division (D) of section 111.15 or division (H)(C) of section	1930
119.03 of the Revised Code.	1931

(E) The joint committee on agency rule review shall prescribe	1932
the form in which each rule-making agency shall prepare its rule	1933
summary and fiscal analysis of a proposed rule.	1934

(F) This section does not require the auditor of state or the	1935
auditor of state's designee to prepare or attach a rule summary	1936
and fiscal analysis to any copy of a rule proposed under section	1937
117.12, 117.19, 117.38, or 117.43 of the Revised Code.	1938

Sec. 1531.08.  In conformity with Section 36 of Article II,	1939
Ohio Constitution, providing for the passage of laws for the	1940
conservation of the natural resources of the state, including	1941
streams, lakes, submerged lands, and swamplands, and in conformity	1942
with this chapter and Chapter 1533. of the Revised Code, the chief	1943
of the division of wildlife has authority and control in all	1944
matters pertaining to the protection, preservation, propagation,	1945
possession, and management of wild animals and may adopt rules	1946
under section 1531.10 of the Revised Code for the management of	1947
wild animals. Notwithstanding division (B) of section 119.03 of	1948
the Revised Code, such rules in proposed form shall be filed under	1949
this section. Each year there shall be a public fish hearing and	1950
public game hearing. The results of the investigation and public	1951
hearing shall be filed in the office of the chief and shall be	1952
kept open for public inspection during all regular office hours.	1953
Modifying or rescinding such rules does not require a public	1954
hearing.	1955

The chief may adopt, amend, rescind, and enforce rules	1956
throughout the state or in any part or waters thereof as provided	1957
by sections 1531.08 to 1531.12 and other sections of the Revised	1958
Code. The rules shall be filed in proposed form and available at	1959
the central wildlife office and at each of the wildlife district	1960
offices, including the Lake Erie unit located at Sandusky, at	1961
least thirty days prior to the date of the hearing required by	1962
division (C)(D) of section 119.03 of the Revised Code. The rules	1963
shall be based upon a public hearing and investigation of the best	1964
available biological information derived from professionally	1965
accepted practices in wildlife and fisheries management.	1966

Each rule adopted under this section shall clearly and	1967
distinctly describe and set forth the waters or area or part	1968
thereof affected by the rule and whether the rule is applicable to	1969
all wild animals or only to certain kinds of species designated	1970
therein.	1971

The chief may regulate any of the following:

1972

(A) Taking and possessing wild animals, at any time and place	1973
or in any number, quantity, or length, and in any manner, and with	1974
such devices as hethe chief prescribes;	1975

(B) Transportation of such animals or any part thereof;

1976

(C) Buying, selling, offering for sale, or exposing for sale	1977
any such animal or part thereof;	1978

(D) Taking, possessing, transporting, buying, selling,	1979
offering for sale, and exposing for sale commercial fish or any	1980
part thereof, including species taken, length, weight, method of	1981
taking, mesh sizes, specifications of nets and other fishing	1982
devices, seasons, and time and place of taking.	1983

When the chief increases the size of a fish named in section	1984
1533.63 of the Revised Code, any fish that were legally taken,	1985
caught, or possessed prior to the increase may be possessed after	1986
the increase if the possession of the fish has been reported to	1987
the chief prior to the increase, but on or after the date of the	1988
increase the fish may not be sold to a buyer in this state.	1989

Sec. 3319.22.  (A)(1) The state board of education shall	1990
issue the following educator licenses:	1991

(a) A resident educator license, which shall be valid for	1992
four years, except that the state board, on a case-by-case basis,	1993
may extend the license's duration as necessary to enable the	1994
license holder to complete the Ohio teacher residency program	1995
established under section 3319.223 of the Revised Code;	1996

(b) A professional educator license, which shall be valid for	1997
five years and shall be renewable;	1998

(c) A senior professional educator license, which shall be	1999
valid for five years and shall be renewable;	2000

(d) A lead professional educator license, which shall be	2001
valid for five years and shall be renewable.	2002

(2) The state board may issue any additional educator	2003
licenses of categories, types, and levels the board elects to	2004
provide.	2005

(3) The state board shall adopt rules establishing the	2006
standards and requirements for obtaining each educator license	2007
issued under this section.	2008

(B) The rules adopted under this section shall require at	2009
least the following standards and qualifications for the educator	2010
licenses described in division (A)(1) of this section:	2011

(1) An applicant for a resident educator license shall hold	2012
at least a bachelor's degree from an accredited teacher	2013
preparation program or be a participant in the teach for America	2014
program and meet the qualifications required under section	2015
3319.227 of the Revised Code.	2016

(2) An applicant for a professional educator license shall:

2017

(a) Hold at least a bachelor's degree from an institution of	2018
higher education accredited by a regional accrediting	2019
organization;	2020

(b) Have successfully completed the Ohio teacher residency	2021
program established under section 3319.223 of the Revised Code, if	2022
the applicant's current or most recently issued license is a	2023
resident educator license issued under this section or an	2024
alternative resident educator license issued under section 3319.26	2025
of the Revised Code.	2026

(3) An applicant for a senior professional educator license	2027
shall:	2028

(a) Hold at least a master's degree from an institution of	2029
higher education accredited by a regional accrediting	2030
organization;	2031

(b) Have previously held a professional educator license	2032
issued under this section or section 3319.222 or under former	2033
section 3319.22 of the Revised Code;	2034

(c) Meet the criteria for the accomplished or distinguished	2035
level of performance, as described in the standards for teachers	2036
adopted by the state board under section 3319.61 of the Revised	2037
Code.	2038

(4) An applicant for a lead professional educator license	2039
shall:	2040

(a) Hold at least a master's degree from an institution of	2041
higher education accredited by a regional accrediting	2042
organization;	2043

(b) Have previously held a professional educator license or a	2044
senior professional educator license issued under this section or	2045
a professional educator license issued under section 3319.222 or	2046
former section 3319.22 of the Revised Code;	2047

(c) Meet the criteria for the distinguished level of	2048
performance, as described in the standards for teachers adopted by	2049
the state board under section 3319.61 of the Revised Code;	2050

(d) Either hold a valid certificate issued by the national	2051
board for professional teaching standards or meet the criteria for	2052
a master teacher or other criteria for a lead teacher adopted by	2053
the educator standards board under division (F)(4) or (5) of	2054
section 3319.61 of the Revised Code.	2055

(C) The state board shall align the standards and	2056
qualifications for obtaining a principal license with the	2057
standards for principals adopted by the state board under section	2058
3319.61 of the Revised Code.	2059

(D) If the state board requires any examinations for educator	2060
licensure, the department of education shall provide the results	2061
of such examinations received by the department to the chancellor	2062
of the Ohio board of regents, in the manner and to the extent	2063
permitted by state and federal law.	2064

(E) Any rules the state board of education adopts, amends, or	2065
rescinds for educator licenses under this section, division (D) of	2066
section 3301.07 of the Revised Code, or any other law shall be	2067
adopted, amended, or rescinded under Chapter 119. of the Revised	2068
Code except as follows:	2069

(1) Notwithstanding division (D)(E) of section 119.03 and	2070
division (A)(1) of section 119.04 of the Revised Code, in the case	2071
of the adoption of any rule or the amendment or rescission of any	2072
rule that necessitates institutions' offering preparation programs	2073
for educators and other school personnel that are approved by the	2074
chancellor of the Ohio board of regents under section 3333.048 of	2075
the Revised Code to revise the curriculum of those programs, the	2076
effective date shall not be as prescribed in division (D)(E) of	2077
section 119.03 and division (A)(1) of section 119.04 of the	2078
Revised Code. Instead, the effective date of such rules, or the	2079
amendment or rescission of such rules, shall be the date	2080
prescribed by section 3333.048 of the Revised Code.	2081

(2) Notwithstanding the authority to adopt, amend, or rescind	2082
emergency rules in division (F)(G) of section 119.03 of the	2083
Revised Code, this authority shall not apply to the state board of	2084
education with regard to rules for educator licenses.	2085

(F)(1) The rules adopted under this section establishing	2086
standards requiring additional coursework for the renewal of any	2087
educator license shall require a school district and a chartered	2088
nonpublic school to establish local professional development	2089
committees. In a nonpublic school, the chief administrative	2090
officer shall establish the committees in any manner acceptable to	2091
such officer. The committees established under this division shall	2092
determine whether coursework that a district or chartered	2093
nonpublic school teacher proposes to complete meets the	2094
requirement of the rules. The department of education shall	2095
provide technical assistance and support to committees as the	2096
committees incorporate the professional development standards	2097
adopted by the state board of education pursuant to section	2098
3319.61 of the Revised Code into their review of coursework that	2099
is appropriate for license renewal. The rules shall establish a	2100
procedure by which a teacher may appeal the decision of a local	2101
professional development committee.	2102

(2) In any school district in which there is no exclusive	2103
representative established under Chapter 4117. of the Revised	2104
Code, the professional development committees shall be established	2105
as described in division (F)(2) of this section.	2106

Not later than the effective date of the rules adopted under	2107
this section, the board of education of each school district shall	2108
establish the structure for one or more local professional	2109
development committees to be operated by such school district. The	2110
committee structure so established by a district board shall	2111
remain in effect unless within thirty days prior to an anniversary	2112
of the date upon which the current committee structure was	2113
established, the board provides notice to all affected district	2114
employees that the committee structure is to be modified.	2115
Professional development committees may have a district-level or	2116
building-level scope of operations, and may be established with	2117
regard to particular grade or age levels for which an educator	2118
license is designated.	2119

Each professional development committee shall consist of at	2120
least three classroom teachers employed by the district, one	2121
principal employed by the district, and one other employee of the	2122
district appointed by the district superintendent. For committees	2123
with a building-level scope, the teacher and principal members	2124
shall be assigned to that building, and the teacher members shall	2125
be elected by majority vote of the classroom teachers assigned to	2126
that building. For committees with a district-level scope, the	2127
teacher members shall be elected by majority vote of the classroom	2128
teachers of the district, and the principal member shall be	2129
elected by a majority vote of the principals of the district,	2130
unless there are two or fewer principals employed by the district,	2131
in which case the one or two principals employed shall serve on	2132
the committee. If a committee has a particular grade or age level	2133
scope, the teacher members shall be licensed to teach such grade	2134
or age levels, and shall be elected by majority vote of the	2135
classroom teachers holding such a license and the principal shall	2136
be elected by all principals serving in buildings where any such	2137
teachers serve. The district superintendent shall appoint a	2138
replacement to fill any vacancy that occurs on a professional	2139
development committee, except in the case of vacancies among the	2140
elected classroom teacher members, which shall be filled by vote	2141
of the remaining members of the committee so selected.	2142

Terms of office on professional development committees shall	2143
be prescribed by the district board establishing the committees.	2144
The conduct of elections for members of professional development	2145
committees shall be prescribed by the district board establishing	2146
the committees. A professional development committee may include	2147
additional members, except that the majority of members on each	2148
such committee shall be classroom teachers employed by the	2149
district. Any member appointed to fill a vacancy occurring prior	2150
to the expiration date of the term for which a predecessor was	2151
appointed shall hold office as a member for the remainder of that	2152
term.	2153

The initial meeting of any professional development	2154
committee, upon election and appointment of all committee members,	2155
shall be called by a member designated by the district	2156
superintendent. At this initial meeting, the committee shall	2157
select a chairperson and such other officers the committee deems	2158
necessary, and shall adopt rules for the conduct of its meetings.	2159
Thereafter, the committee shall meet at the call of the	2160
chairperson or upon the filing of a petition with the district	2161
superintendent signed by a majority of the committee members	2162
calling for the committee to meet.	2163

(3) In the case of a school district in which an exclusive	2164
representative has been established pursuant to Chapter 4117. of	2165
the Revised Code, professional development committees shall be	2166
established in accordance with any collective bargaining agreement	2167
in effect in the district that includes provisions for such	2168
committees.	2169

If the collective bargaining agreement does not specify a	2170
different method for the selection of teacher members of the	2171
committees, the exclusive representative of the district's	2172
teachers shall select the teacher members.	2173

If the collective bargaining agreement does not specify a	2174
different structure for the committees, the board of education of	2175
the school district shall establish the structure, including the	2176
number of committees and the number of teacher and administrative	2177
members on each committee; the specific administrative members to	2178
be part of each committee; whether the scope of the committees	2179
will be district levels, building levels, or by type of grade or	2180
age levels for which educator licenses are designated; the lengths	2181
of terms for members; the manner of filling vacancies on the	2182
committees; and the frequency and time and place of meetings.	2183
However, in all cases, except as provided in division (F)(4) of	2184
this section, there shall be a majority of teacher members of any	2185
professional development committee, there shall be at least five	2186
total members of any professional development committee, and the	2187
exclusive representative shall designate replacement members in	2188
the case of vacancies among teacher members, unless the collective	2189
bargaining agreement specifies a different method of selecting	2190
such replacements.	2191

(4) Whenever an administrator's coursework plan is being	2192
discussed or voted upon, the local professional development	2193
committee shall, at the request of one of its administrative	2194
members, cause a majority of the committee to consist of	2195
administrative members by reducing the number of teacher members	2196
voting on the plan.	2197

(G)(1) The department of education, educational service	2198
centers, county boards of developmental disabilities, regional	2199
professional development centers, special education regional	2200
resource centers, college and university departments of education,	2201
head start programs, the eTech Ohio commission, and the Ohio	2202
education computer network may establish local professional	2203
development committees to determine whether the coursework	2204
proposed by their employees who are licensed or certificated under	2205
this section or section 3319.222 of the Revised Code, or under the	2206
former version of either section as it existed prior to October	2207
16, 2009, meet the requirements of the rules adopted under this	2208
section. They may establish local professional development	2209
committees on their own or in collaboration with a school district	2210
or other agency having authority to establish them.	2211

Local professional development committees established by	2212
county boards of developmental disabilities shall be structured in	2213
a manner comparable to the structures prescribed for school	2214
districts in divisions (F)(2) and (3) of this section, as shall	2215
the committees established by any other entity specified in	2216
division (G)(1) of this section that provides educational services	2217
by employing or contracting for services of classroom teachers	2218
licensed or certificated under this section or section 3319.222 of	2219
the Revised Code, or under the former version of either section as	2220
it existed prior to October 16, 2009. All other entities specified	2221
in division (G)(1) of this section shall structure their	2222
committees in accordance with guidelines which shall be issued by	2223
the state board.	2224

(2) Any public agency that is not specified in division	2225
(G)(1) of this section but provides educational services and	2226
employs or contracts for services of classroom teachers licensed	2227
or certificated under this section or section 3319.222 of the	2228
Revised Code, or under the former version of either section as it	2229
existed prior to October 16, 2009, may establish a local	2230
professional development committee, subject to the approval of the	2231
department of education. The committee shall be structured in	2232
accordance with guidelines issued by the state board.	2233

Sec. 3319.221.  (A) The state board of education shall adopt	2234
rules establishing the standards and requirements for obtaining a	2235
school nurse license and a school nurse wellness coordinator	2236
license. At a minimum, the rules shall require that an applicant	2237
for a school nurse license be licensed as a registered nurse under	2238
Chapter 4723. of the Revised Code.	2239

(B) If the state board requires any examinations for	2240
licensure under this section, the department of education shall	2241
provide the examination results received by the department to the	2242
chancellor of the Ohio board of regents, in the manner and to the	2243
extent permitted by state and federal law.	2244

(C) Any rules for licenses described in this section that the	2245
state board adopts, amends, or rescinds under this section,	2246
division (D) of section 3301.07 of the Revised Code, or any other	2247
law shall be adopted, amended, or rescinded under Chapter 119. of	2248
the Revised Code, except that the authority to adopt, amend, or	2249
rescind emergency rules under division (F)(G) of section 119.03 of	2250
the Revised Code shall not apply to the state board with respect	2251
to rules for licenses described in this section.	2252

(D) Any registered nurse employed by a school district in the	2253
capacity of school nurse on January 1, 1973, or any registered	2254
nurse employed by a city or general health district on January 1,	2255
1973, to serve full-time in the capacity of school nurse in one or	2256
more school districts, shall be considered to have fulfilled the	2257
requirements for the issuance of a school nurse license under this	2258
section.	2259

Sec. 3333.021.  As used in this section, "university" means	2260
any college or university that receives a state appropriation.	2261

(A) This division does not apply to proposed rules,	2262
amendments, or rescissions subject to legislative review under	2263
division (I) of section 119.03106.02 of the Revised Code. No	2264
action taken by the chancellor of the Ohio board of regents that	2265
could reasonably be expected to have an effect on the revenue or	2266
expenditures of any university shall take effect unless at least	2267
two weeks prior to the date on which the action is taken, the	2268
chancellor has filed with the speaker of the house of	2269
representatives, the president of the senate, the legislative	2270
budget office of the legislative service commission, and the	2271
director of budget and management a fiscal analysis of the	2272
proposed action. The analysis shall include an estimate of the	2273
amount by which, during the current and ensuing fiscal biennium,	2274
the action would increase or decrease the university's revenues or	2275
expenditures and increase or decrease any state expenditures and	2276
any other information the chancellor considers necessary to	2277
explain the action's fiscal effect.	2278

(B) Within three days of the date the chancellor files with	2279
the clerk of the senate a proposed rule, amendment, or rescission	2280
that is subject to legislative review and invalidation under	2281
division (I) of section 119.03106.02 of the Revised Code, the	2282
chancellor shall file with the speaker of the house of	2283
representatives, the president of the senate, the legislative	2284
budget office of the legislative service commission, and the	2285
director of budget and management a fiscal analysis of the	2286
proposed rule. The analysis shall include an estimate of the	2287
amount by which, during the current and ensuing fiscal biennium,	2288
the action would increase or decrease any university's revenues or	2289
expenditures and increase or decrease state revenues or	2290
expenditures and any other information the chancellor considers	2291
necessary to explain the fiscal effect of the rule, amendment, or	2292
rescission. No rule, amendment, or rescission shall take effect	2293
unless the chancellor has complied with this division.	2294

Sec. 3333.048.  (A) Not later than one year after the	2295
effective date of this sectionOctober 16, 2009, the chancellor of	2296
the Ohio board of regents and the superintendent of public	2297
instruction jointly shall do the following:	2298

(1) In accordance with Chapter 119. of the Revised Code,	2299
establish metrics and educator preparation programs for the	2300
preparation of educators and other school personnel and the	2301
institutions of higher education that are engaged in their	2302
preparation. The metrics and educator preparation programs shall	2303
be aligned with the standards and qualifications for educator	2304
licenses adopted by the state board of education under section	2305
3319.22 of the Revised Code and the requirements of the Ohio	2306
teacher residency program established under section 3319.223 of	2307
the Revised Code. The metrics and educator preparation programs	2308
also shall ensure that educators and other school personnel are	2309
adequately prepared to use the value-added progress dimension	2310
prescribed by section 3302.021 of the Revised Code.	2311

(2) Provide for the inspection of institutions of higher	2312
education desiring to prepare educators and other school	2313
personnel.	2314

(B) Not later than one year after the effective date of this	2315
sectionOctober 16, 2009, the chancellor shall approve	2316
institutions of higher education engaged in the preparation of	2317
educators and other school personnel that maintain satisfactory	2318
training procedures and records of performance, as determined by	2319
the chancellor.	2320

(C) If the metrics established under division (A)(1) of this	2321
section require an institution of higher education that prepares	2322
teachers to satisfy the standards of an independent accreditation	2323
organization, the chancellor shall permit each institution to	2324
satisfy the standards of either the national council for	2325
accreditation of teacher education or the teacher education	2326
accreditation council.	2327

(D) The metrics and educator preparation programs established	2328
under division (A)(1) of this section may require an institution	2329
of higher education, as a condition of approval by the chancellor,	2330
to make changes in the curricula of its preparation programs for	2331
educators and other school personnel.	2332

Notwithstanding division (D)(E) of section 119.03 and	2333
division (A)(1) of section 119.04 of the Revised Code, any	2334
metrics, educator preparation programs, rules, and regulations, or	2335
any amendment or rescission of such metrics, educator preparation	2336
programs, rules, and regulations, adopted under this section that	2337
necessitate institutions offering preparation programs for	2338
educators and other school personnel approved by the chancellor to	2339
revise the curricula of those programs shall not be effective for	2340
at least one year after the first day of January next succeeding	2341
the publication of the said change.	2342

Each institution shall allocate money from its existing	2343
appropriations to pay the cost of making the curricular changes.	2344

(E) The chancellor shall notify the state board of the	2345
metrics and educator preparation programs established under	2346
division (A)(1) of this section and the institutions of higher	2347
education approved under division (B) of this section. The state	2348
board shall publish the metrics, educator preparation programs,	2349
and approved institutions with the standards and qualifications	2350
for each type of educator license.	2351

(F) The graduates of institutions of higher education	2352
approved by the chancellor shall be licensed by the state board in	2353
accordance with the standards and qualifications adopted under	2354
section 3319.22 of the Revised Code.	2355

Sec. 3737.88.  (A)(1) The fire marshal shall have	2356
responsibility for implementation of the underground storage tank	2357
program and corrective action program for releases of petroleum	2358
from underground storage tanks established by the "Resource	2359
Conservation and Recovery Act of 1976," 90 Stat. 2795, 42 U.S.C.A.	2360
6901, as amended. To implement the programs, the fire marshal may	2361
adopt, amend, and rescind such rules, conduct such inspections,	2362
require annual registration of underground storage tanks, issue	2363
such citations and orders to enforce those rules, enter into	2364
environmental covenants in accordance with sections 5301.80 to	2365
5301.92 of the Revised Code, and perform such other duties, as are	2366
consistent with those programs. The fire marshal, by rule, may	2367
delegate the authority to conduct inspections of underground	2368
storage tanks to certified fire safety inspectors.	2369

(2) In the place of any rules regarding release containment	2370
and release detection for underground storage tanks adopted under	2371
division (A)(1) of this section, the fire marshal, by rule, shall	2372
designate areas as being sensitive for the protection of human	2373
health and the environment and adopt alternative rules regarding	2374
release containment and release detection methods for new and	2375
upgraded underground storage tank systems located in those areas.	2376
In designating such areas, the fire marshal shall take into	2377
consideration such factors as soil conditions, hydrogeology, water	2378
use, and the location of public and private water supplies. Not	2379
later than July 11, 1990, the fire marshal shall file the rules	2380
required under this division with the secretary of state, director	2381
of the legislative service commission, and joint committee on	2382
agency rule review in accordance with divisions (B) and (H)(C) of	2383
section 119.03 of the Revised Code.	2384

(3) Notwithstanding sections 3737.87 to 3737.89 of the	2385
Revised Code, a person who is not a responsible person, as	2386
determined by the fire marshal pursuant to this chapter, may	2387
conduct a voluntary action in accordance with Chapter 3746. of the	2388
Revised Code and rules adopted under it for either of the	2389
following:	2390

(a) A class C release;

2391

(b) A release, other than a class C release, that is subject	2392
to the rules adopted by the fire marshal under division (B) of	2393
section 3737.882 of the Revised Code pertaining to a corrective	2394
action, provided that both of the following apply:	2395

(i) The voluntary action also addresses hazardous substances	2396
or petroleum that is not subject to the rules adopted under	2397
division (B) of section 3737.882 of the Revised Code pertaining to	2398
a corrective action.	2399

(ii) The fire marshal has not issued an administrative order	2400
concerning the release or referred the release to the attorney	2401
general for enforcement.	2402

The director of environmental protection, pursuant to section	2403
3746.12 of the Revised Code, may issue a covenant not to sue to	2404
any person who properly completes a voluntary action with respect	2405
to any such release in accordance with Chapter 3746. of the	2406
Revised Code and rules adopted under it.	2407

(B) Before adopting any rule under this section or section	2408
3737.881 or 3737.882 of the Revised Code, the fire marshal shall	2409
file written notice of the proposed rule with the chairperson of	2410
the state fire council, and, within sixty days after notice is	2411
filed, the council may file responses to or comments on and may	2412
recommend alternative or supplementary rules to the fire marshal.	2413
At the end of the sixty-day period or upon the filing of	2414
responses, comments, or recommendations by the council, the fire	2415
marshal may adopt the rule filed with the council or any	2416
alternative or supplementary rule recommended by the council.	2417

(C) The state fire council may recommend courses of action to	2418
be taken by the fire marshal in carrying out the fire marshal's	2419
duties under this section. The council shall file its	2420
recommendations in the office of the fire marshal, and, within	2421
sixty days after the recommendations are filed, the fire marshal	2422
shall file with the chairperson of the council comments on, and	2423
proposed action in response to, the recommendations.	2424

(D) For the purpose of sections 3737.87 to 3737.89 of the	2425
Revised Code, the fire marshal shall adopt, and may amend and	2426
rescind, rules identifying or listing hazardous substances. The	2427
rules shall be consistent with and equivalent in scope, coverage,	2428
and content to regulations identifying or listing hazardous	2429
substances adopted under the "Comprehensive Environmental	2430
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779,	2431
42 U.S.C.A. 9602, as amended, except that the fire marshal shall	2432
not identify or list as a hazardous substance any hazardous waste	2433
identified or listed in rules adopted under division (A) of	2434
section 3734.12 of the Revised Code.	2435

(E) Except as provided in division (A)(3) of this section,	2436
the fire marshal shall have exclusive jurisdiction to regulate the	2437
storage, treatment, and disposal of petroleum contaminated soil	2438
generated from corrective actions undertaken in response to	2439
releases of petroleum from underground storage tank systems. The	2440
fire marshal may adopt, amend, or rescind such rules as the fire	2441
marshal considers to be necessary or appropriate to regulate the	2442
storage, treatment, or disposal of petroleum contaminated soil so	2443
generated.	2444

(F) The fire marshal shall adopt, amend, and rescind rules	2445
under sections 3737.88 to 3737.882 of the Revised Code in	2446
accordance with Chapter 119. of the Revised Code.	2447

Sec. 3746.04.  Within one year after September 28, 1994, the	2448
director of environmental protection, in accordance with Chapter	2449
119. of the Revised Code, shall adopt, and subsequently may amend,	2450
suspend, or rescind, rules that do both of the following:	2451

(A) Revise the rules adopted under Chapters 3704., 3714.,	2452
3734., 6109., and 6111. of the Revised Code to incorporate the	2453
provisions necessary to conform those rules to the requirements of	2454
this chapter. The amended rules adopted under this division also	2455
shall establish response times for all submittals to the	2456
environmental protection agency required under this chapter or	2457
rules adopted under it.	2458

(B) Establish requirements and procedures that are reasonably	2459
necessary for the implementation and administration of this	2460
chapter, including, without limitation, all of the following:	2461

(1) Appropriate generic numerical clean-up standards for the	2462
treatment or removal of soils, sediments, and water media for	2463
hazardous substances and petroleum. The rules shall establish	2464
separate generic numerical clean-up standards based upon the	2465
intended use of properties after the completion of voluntary	2466
actions, including industrial, commercial, and residential uses	2467
and such other categories of land use as the director considers to	2468
be appropriate. The generic numerical clean-up standards	2469
established for each category of land use shall be the	2470
concentration of each contaminant that may be present on a	2471
property that shall ensure protection of public health and safety	2472
and the environment for the reasonable exposure for that category	2473
of land use. When developing the standards, the director shall	2474
consider such factors as all of the following:	2475

(a) Scientific information, including, without limitation,	2476
toxicological information and realistic assumptions regarding	2477
human and environmental exposure to hazardous substances or	2478
petroleum;	2479

(b) Climatic factors;

2480

(c) Human activity patterns;

2481

(d) Current statistical techniques;

2482

(e) For petroleum at industrial property, alternatives to the	2483
use of total petroleum hydrocarbons.	2484

The generic numerical clean-up standards established in the	2485
rules adopted under division (B)(1) of this section shall be	2486
consistent with and equivalent in scope, content, and coverage to	2487
any applicable standard established by federal environmental laws	2488
and regulations adopted under them, including, without limitation,	2489
the "Federal Water Pollution Control Act Amendments of 1972," 86	2490
Stat. 886, 33 U.S.C.A. 1251, as amended; the "Resource	2491
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	2492
6921, as amended; the "Toxic Substances Control Act," 90 Stat.	2493
2003 (1976), 15 U.S.C.A. 2601, as amended; the "Comprehensive	2494
Environmental Response, Compensation, and Liability Act of 1980,"	2495
94 Stat. 2779, 42 U.S.C.A. 9601, as amended; and the "Safe	2496
Drinking Water Act," 88 Stat. 1660 (1974), 42 U.S.C.A. 300f, as	2497
amended.	2498

In order for the rules adopted under division (B)(1) of this	2499
section to require that any such federal environmental standard	2500
apply to a property, the property shall meet the requirements of	2501
the particular federal statute or regulation involved in the	2502
manner specified by the statute or regulation.	2503

The generic numerical clean-up standards for petroleum at	2504
commercial or residential property shall be the standards	2505
established in rules adopted under division (B) of section	2506
3737.882 of the Revised Code.	2507

(2)(a) Procedures for performing property-specific risk	2508
assessments that would be performed at a property to demonstrate	2509
that the remedy evaluated in a risk assessment results in	2510
protection of public health and safety and the environment instead	2511
of complying with the generic numerical clean-up standards	2512
established in the rules adopted under division (B)(1) of this	2513
section. The risk assessment procedures shall describe a	2514
methodology to establish, on a property-specific basis, allowable	2515
levels of contamination to remain at a property to ensure	2516
protection of public health and safety and the environment on the	2517
property and off the property when the contamination is emanating	2518
off the property, taking into account all of the following:	2519

(i) The implementation of treatment, storage, or disposal, or	2520
a combination thereof, of hazardous substances or petroleum;	2521

(ii) The existence of institutional controls or activity and	2522
use limitations that eliminate or mitigate exposure to hazardous	2523
substances or petroleum through the restriction of access to	2524
hazardous substances or petroleum;	2525

(iii) The existence of engineering controls that eliminate or	2526
mitigate exposure to hazardous substances or petroleum through	2527
containment of, control of, or restrictions of access to hazardous	2528
substances or petroleum, including, without limitation, fences,	2529
cap systems, cover systems, and landscaping.	2530

(b) The risk assessment procedures and levels of acceptable	2531
risk set forth in the rules adopted under division (B)(2) of this	2532
section shall be based upon all of the following:	2533

(i) Scientific information, including, without limitation,	2534
toxicological information and actual or proposed human and	2535
environmental exposure;	2536

(ii) Locational and climatic factors;

2537

(iii) Surrounding land use and human activities;

2538

(iv) Differing levels of remediation that may be required	2539
when an existing land use is continued compared to when a	2540
different land use follows the remediation.	2541

(c) Any standards established pursuant to rules adopted under	2542
division (B)(2) of this section shall be no more stringent than	2543
standards established under the environmental statutes of this	2544
state and rules adopted under them for the same contaminant in the	2545
same environmental medium that are in effect at the time the risk	2546
assessment is conducted.	2547

(3) Minimum standards for phase I property assessments. The	2548
standards shall specify the information needed to demonstrate that	2549
there is no reason to believe that contamination exists on a	2550
property. The rules adopted under division (B)(3) of this section,	2551
at a minimum, shall require that a phase I property assessment	2552
include all of the following:	2553

(a) A review and analysis of deeds, mortgages, easements of	2554
record, and similar documents relating to the chain of title to	2555
the property that are publicly available or that are known to and	2556
reasonably available to the owner or operator;	2557

(b) A review and analysis of any previous environmental	2558
assessments, property assessments, environmental studies, or	2559
geologic studies of the property and any land within two thousand	2560
feet of the boundaries of the property that are publicly available	2561
or that are known to and reasonably available to the owner or	2562
operator;	2563

(c) A review of current and past environmental compliance	2564
histories of persons who owned or operated the property;	2565

(d) A review of aerial photographs of the property that	2566
indicate prior uses of the property;	2567

(e) Interviews with managers of activities conducted at the	2568
property who have knowledge of environmental conditions at the	2569
property;	2570

(f) Conducting an inspection of the property consisting of a	2571
walkover;	2572

(g) Identifying the current and past uses of the property,	2573
adjoining tracts of land, and the area surrounding the property,	2574
including, without limitation, interviews with persons who reside	2575
or have resided, or who are or were employed, within the area	2576
surrounding the property regarding the current and past uses of	2577
the property and adjacent tracts of land.	2578

The rules adopted under division (B)(3) of this section shall	2579
establish criteria to determine when a phase II property	2580
assessment shall be conducted when a phase I property assessment	2581
reveals facts that establish a reason to believe that hazardous	2582
substances or petroleum have been treated, stored, managed, or	2583
disposed of on the property if the person undertaking the phase I	2584
property assessment wishes to obtain a covenant not to sue under	2585
section 3746.12 of the Revised Code.	2586

(4) Minimum standards for phase II property assessments. The	2587
standards shall specify the information needed to demonstrate that	2588
any contamination present at the property does not exceed	2589
applicable standards or that the remedial activities conducted at	2590
the property have achieved compliance with applicable standards.	2591
The rules adopted under division (B)(4) of this section, at a	2592
minimum, shall require that a phase II property assessment include	2593
all of the following:	2594

(a) A review and analysis of all documentation prepared in	2595
connection with a phase I property assessment conducted within the	2596
one hundred eighty days before the phase II property assessment	2597
begins. The rules adopted under division (B)(4)(a) of this section	2598
shall require that if a period of more than one hundred eighty	2599
days has passed between the time that the phase I assessment of	2600
the property was completed and the phase II assessment begins, the	2601
phase II assessment shall include a reasonable inquiry into the	2602
change in the environmental condition of the property during the	2603
intervening period.	2604

(b) Quality assurance objectives for measurements taken in	2605
connection with a phase II assessment;	2606

(c) Sampling procedures to ensure the representative sampling	2607
of potentially contaminated environmental media;	2608

(d) Quality assurance and quality control requirements for	2609
samples collected in connection with phase II assessments;	2610

(e) Analytical and data assessment procedures;

2611

(f) Data objectives to ensure that samples collected in	2612
connection with phase II assessments are biased toward areas where	2613
information indicates that contamination by hazardous substances	2614
or petroleum is likely to exist.	2615

(5) Standards governing the conduct of certified	2616
professionals, criteria and procedures for the certification of	2617
professionals to issue no further action letters under section	2618
3746.11 of the Revised Code, and criteria for the suspension and	2619
revocation of those certifications. The director shall take an	2620
action regarding a certification as a final action. The issuance,	2621
denial, renewal, suspension, and revocation of those	2622
certifications are subject to Chapter 3745. of the Revised Code,	2623
except that, in lieu of publishing an action regarding a	2624
certification in a newspaper of general circulation as required in	2625
section 3745.07 of the Revised Code, such an action shall be	2626
published on the environmental protection agency's web site and in	2627
the agency's weekly review not later than fifteen days after the	2628
date of the issuance, denial, renewal, suspension, or revocation	2629
of the certification and not later than thirty days before a	2630
hearing or public meeting concerning the action.	2631

The rules adopted under division (B)(5) of this section shall	2632
do all of the following:	2633

(a) Provide for the certification of environmental	2634
professionals to issue no further action letters pertaining to	2635
investigations and remedies in accordance with the criteria and	2636
procedures set forth in the rules. The rules adopted under	2637
division (B)(5)(a) of this section shall do at least all of the	2638
following:	2639

(i) Authorize the director to consider such factors as an	2640
environmental professional's previous performance record regarding	2641
such investigations and remedies and the environmental	2642
professional's environmental compliance history when determining	2643
whether to certify the environmental professional;	2644

(ii) Ensure that an application for certification is reviewed	2645
in a timely manner;	2646

(iii) Require the director to certify any environmental	2647
professional who the director determines complies with those	2648
criteria;	2649

(iv) Require the director to deny certification for any	2650
environmental professional who does not comply with those	2651
criteria.	2652

(b) Establish an annual fee to be paid by environmental	2653
professionals certified pursuant to the rules adopted under	2654
division (B)(5)(a) of this section. The fee shall be established	2655
at an amount calculated to defray the costs to the agency for the	2656
required reviews of the qualifications of environmental	2657
professionals for certification and for the issuance of the	2658
certifications.	2659

(c) Develop a schedule for and establish requirements	2660
governing the review by the director of the credentials of	2661
environmental professionals who were deemed to be certified	2662
professionals under division (D) of section 3746.07 of the Revised	2663
Code in order to determine if they comply with the criteria	2664
established in rules adopted under division (B)(5) of this	2665
section. The rules adopted under division (B)(5)(c) of this	2666
section shall do at least all of the following:	2667

(i) Ensure that the review is conducted in a timely fashion;

2668

(ii) Require the director to certify any such environmental	2669
professional who the director determines complies with those	2670
criteria;	2671

(iii) Require any such environmental professional initially	2672
to pay the fee established in the rules adopted under division	2673
(B)(5)(b) of this section at the time that the environmental	2674
professional is so certified by the director;	2675

(iv) Establish a time period within which any such	2676
environmental professional who does not comply with those criteria	2677
may obtain the credentials that are necessary for certification;	2678

(v) Require the director to deny certification for any such	2679
environmental professional who does not comply with those criteria	2680
and who fails to obtain the necessary credentials within the	2681
established time period.	2682

(d) Require that any information submitted to the director	2683
for the purposes of the rules adopted under division (B)(5)(a) or	2684
(c) of this section comply with division (A) of section 3746.20 of	2685
the Revised Code;	2686

(e) Authorize the director to suspend or revoke the	2687
certification of an environmental professional if the director	2688
finds that the environmental professional's performance has	2689
resulted in the issuance of no further action letters under	2690
section 3746.11 of the Revised Code that are not consistent with	2691
applicable standards or finds that the certified environmental	2692
professional has not substantially complied with section 3746.31	2693
of the Revised Code;	2694

(f) Authorize the director to suspend for a period of not	2695
more than five years or to permanently revoke a certified	2696
environmental professional's certification for any violation of or	2697
failure to comply with an ethical standard established in rules	2698
adopted under division (B)(5) of this section;	2699

(g) Require the director to revoke the certification of an	2700
environmental professional if the director finds that the	2701
environmental professional falsified any information on the	2702
environmental professional's application for certification	2703
regarding the environmental professional's credentials or	2704
qualifications or any other information generated for the purposes	2705
of or use under this chapter or rules adopted under it;	2706

(h) Require the director permanently to revoke the	2707
certification of an environmental professional who has violated or	2708
is violating division (A) of section 3746.18 of the Revised Code;	2709

(i) Preclude the director from revoking the certification of	2710
an environmental professional who only conducts investigations and	2711
remedies at property contaminated solely with petroleum unless the	2712
director first consults with the director of commerce.	2713

(6) Criteria and procedures for the certification of	2714
laboratories to perform analyses under this chapter and rules	2715
adopted under it. The issuance, denial, suspension, and revocation	2716
of those certifications are subject to Chapter 3745. of the	2717
Revised Code, and the director of environmental protection shall	2718
take any such action regarding a certification as a final action.	2719

The rules adopted under division (B)(6) of this section shall	2720
do all of the following:	2721

(a) Provide for the certification to perform analyses of	2722
laboratories in accordance with the criteria and procedures	2723
established in the rules adopted under division (B)(6)(a) of this	2724
section and establish an annual fee to be paid by those	2725
laboratories. The fee shall be established at an amount calculated	2726
to defray the costs to the agency for the review of the	2727
qualifications of those laboratories for certification and for the	2728
issuance of the certifications. The rules adopted under division	2729
(B)(6)(a) of this section may provide for the certification of	2730
those laboratories to perform only particular types or categories	2731
of analyses, specific test parameters or group of test parameters,	2732
or a specific matrix or matrices under this chapter.	2733

(b) Develop a schedule for and establish requirements	2734
governing the review by the director of the operations of	2735
laboratories that were deemed to be certified laboratories under	2736
division (E) of section 3746.07 of the Revised Code in order to	2737
determine if they comply with the criteria established in rules	2738
adopted under division (B)(6) of this section. The rules adopted	2739
under division (B)(6)(b) of this section shall do at least all of	2740
the following:	2741

(i) Ensure that the review is conducted in a timely fashion;

2742

(ii) Require the director to certify any such laboratory that	2743
the director determines complies with those criteria;	2744

(iii) Require any such laboratory initially to pay the fee	2745
established in the rules adopted under division (B)(6)(a) of this	2746
section at the time that the laboratory is so certified by the	2747
director;	2748

(iv) Establish a time period within which any such laboratory	2749
that does not comply with those criteria may make changes in its	2750
operations necessary for the performance of analyses under this	2751
chapter and rules adopted under it in order to be certified by the	2752
director;	2753

(v) Require the director to deny certification for any such	2754
laboratory that does not comply with those criteria and that fails	2755
to make the necessary changes in its operations within the	2756
established time period.	2757

(c) Require that any information submitted to the director	2758
for the purposes of the rules adopted under division (B)(6)(a) or	2759
(b) of this section comply with division (A) of section 3746.20 of	2760
the Revised Code;	2761

(d) Authorize the director to suspend or revoke the	2762
certification of a laboratory if the director finds that the	2763
laboratory's performance has resulted in the issuance of no	2764
further action letters under section 3746.11 of the Revised Code	2765
that are not consistent with applicable standards;	2766

(e) Authorize the director to suspend or revoke the	2767
certification of a laboratory if the director finds that the	2768
laboratory falsified any information on its application for	2769
certification regarding its credentials or qualifications;	2770

(f) Require the director permanently to revoke the	2771
certification of a laboratory that has violated or is violating	2772
division (A) of section 3746.18 of the Revised Code.	2773

(7) Information to be included in a no further action letter	2774
prepared under section 3746.11 of the Revised Code, including,	2775
without limitation, all of the following:	2776

(a) A summary of the information required to be submitted to	2777
the certified environmental professional preparing the no further	2778
action letter under division (C) of section 3746.10 of the Revised	2779
Code;	2780

(b) Notification that a risk assessment was performed in	2781
accordance with rules adopted under division (B)(2) of this	2782
section if such an assessment was used in lieu of generic	2783
numerical clean-up standards established in rules adopted under	2784
division (B)(1) of this section;	2785

(c) The contaminants addressed at the property, if any, their	2786
source, if known, and their levels prior to remediation;	2787

(d) The identity of any other person who performed work to	2788
support the request for the no further action letter as provided	2789
in division (B)(2) of section 3746.10 of the Revised Code and the	2790
nature and scope of the work performed by that person;	2791

(e) A list of the data, information, records, and documents	2792
relied upon by the certified environmental professional in	2793
preparing the no further action letter.	2794

(8) Methods for determining fees to be paid for the following	2795
services provided by the agency under this chapter and rules	2796
adopted under it:	2797

(a) Site- or property-specific technical assistance in	2798
developing or implementing plans in connection with a voluntary	2799
action;	2800

(b) Reviewing applications for and issuing consolidated	2801
standards permits under section 3746.15 of the Revised Code and	2802
monitoring compliance with those permits;	2803

(c) Negotiating, preparing, and entering into agreements	2804
necessary for the implementation and administration of this	2805
chapter and rules adopted under it;	2806

(d) Reviewing no further action letters, issuing covenants	2807
not to sue, and monitoring compliance with any terms and	2808
conditions of those covenants and with operation and maintenance	2809
agreements entered into pursuant to those covenants, including,	2810
without limitation, conducting audits of properties where	2811
voluntary actions are being or were conducted under this chapter	2812
and rules adopted under it.	2813

The fees established pursuant to the rules adopted under	2814
division (B)(8) of this section shall be at a level sufficient to	2815
defray the direct and indirect costs incurred by the agency for	2816
the administration and enforcement of this chapter and rules	2817
adopted under it other than the provisions regarding the	2818
certification of professionals and laboratories.	2819

(9) Criteria for selecting the no further action letters	2820
issued under section 3746.11 of the Revised Code that will be	2821
audited under section 3746.17 of the Revised Code, and the scope	2822
and procedures for conducting those audits. The rules adopted	2823
under division (B)(9) of this section, at a minimum, shall require	2824
the director to establish priorities for auditing no further	2825
action letters to which any of the following applies:	2826

(a) The letter was prepared by an environmental professional	2827
who was deemed to be a certified professional under division (D)	2828
of section 3746.07 of the Revised Code, but who does not comply	2829
with the criteria established in rules adopted under division	2830
(B)(5) of this section as determined pursuant to rules adopted	2831
under division (B)(5)(d) of this section;	2832

(b) The letter was submitted fraudulently;

2833

(c) The letter was prepared by a certified environmental	2834
professional whose certification subsequently was revoked in	2835
accordance with rules adopted under division (B)(5) of this	2836
section, or analyses were performed for the purposes of the no	2837
further action letter by a certified laboratory whose	2838
certification subsequently was revoked in accordance with rules	2839
adopted under division (B)(6) of this section;	2840

(d) A covenant not to sue that was issued pursuant to the	2841
letter was revoked under this chapter;	2842

(e) The letter was for a voluntary action that was conducted	2843
pursuant to a risk assessment in accordance with rules adopted	2844
under division (B)(2) of this section;	2845

(f) The letter was for a voluntary action that included as	2846
remedial activities engineering controls or institutional controls	2847
or activity and use limitations authorized under section 3746.05	2848
of the Revised Code.	2849

The rules adopted under division (B)(9) of this section shall	2850
provide for random audits of no further action letters to which	2851
the rules adopted under divisions (B)(9)(a) to (f) of this section	2852
do not apply.	2853

(10) A classification system to characterize ground water	2854
according to its capability to be used for human use and its	2855
impact on the environment and a methodology that shall be used to	2856
determine when ground water that has become contaminated from	2857
sources on a property for which a covenant not to sue is requested	2858
under section 3746.11 of the Revised Code shall be remediated to	2859
the standards established in the rules adopted under division	2860
(B)(1) or (2) of this section.	2861

(a) In adopting rules under division (B)(10) of this section	2862
to characterize ground water according to its capability for human	2863
use, the director shall consider all of the following:	2864

(i) The presence of legally enforceable, reliable	2865
restrictions on the use of ground water, including, without	2866
limitation, local rules or ordinances;	2867

(ii) The presence of regional commingled contamination from	2868
multiple sources that diminishes the quality of ground water;	2869

(iii) The natural quality of ground water;

2870

(iv) Regional availability of ground water and reasonable	2871
alternative sources of drinking water;	2872

(v) The productivity of the aquifer;

2873

(vi) The presence of restrictions on the use of ground water	2874
implemented under this chapter and rules adopted under it;	2875

(vii) The existing use of ground water.

2876

(b) In adopting rules under division (B)(10) of this section	2877
to characterize ground water according to its impacts on the	2878
environment, the director shall consider both of the following:	2879

(i) The risks posed to humans, fauna, surface water,	2880
sediments, soil, air, and other resources by the continuing	2881
presence of contaminated ground water;	2882

(ii) The availability and feasibility of technology to remedy	2883
ground water contamination.	2884

(11) Governing the application for and issuance of variances	2885
under section 3746.09 of the Revised Code;	2886

(12)(a) In the case of voluntary actions involving	2887
contaminated ground water, specifying the circumstances under	2888
which the generic numerical clean-up standards established in	2889
rules adopted under division (B)(1) of this section and standards	2890
established through a risk assessment conducted pursuant to rules	2891
adopted under division (B)(2) of this section shall be	2892
inapplicable to the remediation of contaminated ground water and	2893
under which the standards for remediating contaminated ground	2894
water shall be established on a case-by-case basis prior to the	2895
commencement of the voluntary action pursuant to rules adopted	2896
under division (B)(12)(b) of this section;	2897

(b) Criteria and procedures for the case-by-case	2898
establishment of standards for the remediation of contaminated	2899
ground water under circumstances in which the use of the generic	2900
numerical clean-up standards and standards established through a	2901
risk assessment are precluded by the rules adopted under division	2902
(B)(12)(a) of this section. The rules governing the procedures for	2903
the case-by-case development of standards for the remediation of	2904
contaminated ground water shall establish application, public	2905
participation, adjudication, and appeals requirements and	2906
procedures that are equivalent to the requirements and procedures	2907
established in section 3746.09 of the Revised Code and rules	2908
adopted under division (B)(11) of this section, except that the	2909
procedural rules shall not require an applicant to make the	2910
demonstrations set forth in divisions (A)(1) to (3) of section	2911
3746.09 of the Revised Code.	2912

(13) A definition of the evidence that constitutes sufficient	2913
evidence for the purpose of division (A)(5) of section 3746.02 of	2914
the Revised Code.	2915

At least thirty days before filing the proposed rules	2916
required to be adopted under this section with the secretary of	2917
state, director of the legislative service commission, and joint	2918
committee on agency rule review in accordance with divisions (B)	2919
and (H)(C) of section 119.03 of the Revised Code, the director of	2920
environmental protection shall hold at least one public meeting on	2921
the proposed rules in each of the five districts into which the	2922
agency has divided the state for administrative purposes.	2923

Sec. 4117.02.  (A) There is hereby created the state	2924
employment relations board, consisting of three members to be	2925
appointed by the governor with the advice and consent of the	2926
senate. Members shall be knowledgeable about labor relations or	2927
personnel practices. No more than two of the three members shall	2928
belong to the same political party. A member of the state	2929
employment relations board during the member's period of service	2930
shall hold no other public office or public or private employment	2931
and shall allow no other responsibilities to interfere or conflict	2932
with the member's duties as a full-time state employment relations	2933
board member. Of the initial appointments made to the state	2934
employment relations board, one shall be for a term ending October	2935
6, 1984, one shall be for a term ending October 6, 1985, and one	2936
shall be for a term ending October 6, 1986. Thereafter, terms of	2937
office shall be for six years, each term ending on the same day of	2938
the same month of the year as did the term that it succeeds. Each	2939
member shall hold office from the date of the member's appointment	2940
until the end of the term for which the member is appointed. Any	2941
member appointed to fill a vacancy occurring prior to the	2942
expiration of the term for which the member's predecessor was	2943
appointed shall hold office for the remainder of the term. Any	2944
member shall continue in office subsequent to the expiration of	2945
the member's term until the member's successor takes office or	2946
until a period of sixty days has elapsed, whichever occurs first.	2947
The governor may remove any member of the state employment	2948
relations board, upon notice and public hearing, for neglect of	2949
duty or malfeasance in office, but for no other cause.	2950

(B)(1) The governor shall designate one member of the state	2951
employment relations board to serve as chairperson of the state	2952
employment relations board. The chairperson is the head of the	2953
state employment relations board and its chief executive officer.	2954

(2) The chairperson shall exercise all administrative powers	2955
and duties conferred upon the state employment relations board	2956
under this chapter and shall do all of the following:	2957

(a) Employ, promote, supervise, and remove all employees of	2958
the state employment relations board, and establish, change, or	2959
abolish positions and assign or reassign the duties of those	2960
employees as the chairperson determines necessary to achieve the	2961
most efficient performance of the duties of the state employment	2962
relations board under this chapter;	2963

(b) Determine the utilization by the state personnel board of	2964
review of employees of the state employment relations board as	2965
necessary for the state personnel board of review to exercise the	2966
powers and perform the duties of the state personnel board of	2967
review.	2968

(c) Maintain the office of the state employment relations	2969
board in Columbus and manage the office's daily operations,	2970
including securing offices, facilities, equipment, and supplies	2971
necessary to house the state employment relations board, employees	2972
of the state employment relations board, the state personnel board	2973
of review, and files and records under the control of the state	2974
employment relations board and under the control of the state	2975
personnel board of review;	2976

(d) Prepare and submit to the office of budget and management	2977
a budget for each biennium according to section 107.03 of the	2978
Revised Code, and include in the budget the costs of the state	2979
employment relations board and its staff and the costs of the	2980
state employment relations board in discharging any duty imposed	2981
by law upon the state employment relations board, the chairperson,	2982
or any of the employees or agents of the state employment	2983
relations board, and the costs of the state personnel board of	2984
review in discharging any duty imposed by law on the state	2985
personnel board of review or an agent of the state personnel board	2986
of review.	2987

(C) The vacancy on the state employment relations board does	2988
not impair the right of the remaining members to exercise all the	2989
powers of the state employment relations board, and two members of	2990
the state employment relations board, at all times, constitute a	2991
quorum. The state employment relations board shall have an	2992
official seal of which courts shall take judicial notice.	2993

(D) The state employment relations board shall make an annual	2994
report in writing to the governor and to the general assembly,	2995
stating in detail the work it has done.	2996

(E) Compensation of the chairperson and members shall be in	2997
accordance with division (J) of section 124.15 of the Revised	2998
Code. The chairperson and the members are eligible for	2999
reappointment. In addition to such compensation, all members shall	3000
be reimbursed for their necessary expenses incurred in the	3001
performance of their work as members.	3002

(F)(1) The chairperson, after consulting with the other state	3003
employment relations board members and receiving the consent of at	3004
least one other board member, shall appoint an executive director.	3005
The chairperson also shall appoint attorneys and shall appoint an	3006
assistant executive director who shall be an attorney admitted to	3007
practice law in this state and who shall serve as a liaison to the	3008
attorney general on legal matters before the state employment	3009
relations board.	3010

(2) The state employment relations board shall appoint	3011
members of fact-finding panels and shall prescribe their job	3012
duties.	3013

(G)(1) The executive director shall serve at the pleasure of	3014
the chairperson. The executive director, under the direction of	3015
the chairperson, shall do all of the following:	3016

(a) Act as chief administrative officer for the state	3017
employment relations board;	3018

(b) Ensure that all employees of the state employment	3019
relations board comply with the rules of the state employment	3020
relations board;	3021

(c) Do all things necessary for the efficient and effective	3022
implementation of the duties of the state employment relations	3023
board.	3024

(2) The duties of the executive director described in	3025
division (G)(1) of this section do not relieve the chairperson	3026
from final responsibility for the proper performance of the duties	3027
described in that division.	3028

(H) The attorney general shall be the legal adviser of the	3029
state employment relations board and shall appear for and	3030
represent the state employment relations board and its agents in	3031
all legal proceedings. The state employment relations board may	3032
utilize regional, local, or other agencies, and utilize voluntary	3033
and uncompensated services as needed. The state employment	3034
relations board may contract with the federal mediation and	3035
conciliation service for the assistance of mediators, arbitrators,	3036
and other personnel the service makes available. The chairperson	3037
shall appoint all employees on the basis of training, practical	3038
experience, education, and character, notwithstanding the	3039
requirements established by section 119.09 of the Revised Code.	3040
The chairperson shall give special regard to the practical	3041
training and experience that employees have for the particular	3042
position involved. The executive director, assistant executive	3043
director, administrative law judges, employees holding a fiduciary	3044
or administrative relation to the state employment relations board	3045
as described in division (A)(9) of section 124.11 of the Revised	3046
Code, and the personal secretaries and assistants of the state	3047
employment relations board members are in the unclassified	3048
service. All other full-time employees of the state employment	3049
relations board are in the classified service. All employees of	3050
the state employment relations board shall be paid in accordance	3051
with Chapter 124. of the Revised Code.	3052

(I) The chairperson shall select and assign administrative	3053
law judges and other agents whose functions are to conduct	3054
hearings with due regard to their impartiality, judicial	3055
temperament, and knowledge. If in any proceeding under this	3056
chapter, any party prior to five days before the hearing thereto	3057
files with the state employment relations board a sworn statement	3058
charging that the administrative law judge or other agent	3059
designated to conduct the hearing is biased or partial in the	3060
proceeding, the state employment relations board may disqualify	3061
the person and designate another administrative law judge or agent	3062
to conduct the proceeding. At least ten days before any hearing,	3063
the state employment relations board shall notify all parties to a	3064
proceeding of the name of the administrative law judge or agent	3065
designated to conduct the hearing.	3066

(J) The principal office of the state employment relations	3067
board is in Columbus, but it may meet and exercise any or all of	3068
its powers at any other place within the state. The state	3069
employment relations board may, by one or more of its employees,	3070
or any agents or agencies it designates, conduct in any part of	3071
this state any proceeding, hearing, investigation, inquiry, or	3072
election necessary to the performance of its functions; provided,	3073
that no person so designated may later sit in determination of an	3074
appeal of the decision of that cause or matter.	3075

(K) In addition to the powers and functions provided in other	3076
sections of this chapter, the state employment relations board	3077
shall do all of the following:	3078

(1) Create a bureau of mediation within the state employment	3079
relations board, to perform the functions provided in section	3080
4117.14 of the Revised Code. This bureau shall also establish,	3081
after consulting representatives of employee organizations and	3082
public employers, panels of qualified persons to be available to	3083
serve as members of fact-finding panels and arbitrators.	3084

(2) Conduct studies of problems involved in representation	3085
and negotiation and make recommendations for legislation;	3086

(3) Hold hearings pursuant to this chapter and, for the	3087
purpose of the hearings and inquiries, administer oaths and	3088
affirmations, examine witnesses and documents, take testimony and	3089
receive evidence, compel the attendance of witnesses and the	3090
production of documents by the issuance of subpoenas, and delegate	3091
these powers to any members of the state employment relations	3092
board or any administrative law judge employed by the state	3093
employment relations board for the performance of its functions;	3094

(4) Train representatives of employee organizations and	3095
public employers in the rules and techniques of collective	3096
bargaining procedures;	3097

(5) Make studies and analyses of, and act as a clearinghouse	3098
of information relating to, conditions of employment of public	3099
employees throughout the state and request assistance, services,	3100
and data from any public employee organization, public employer,	3101
or governmental unit. Public employee organizations, public	3102
employers, and governmental units shall provide such assistance,	3103
services, and data as will enable the state employment relations	3104
board to carry out its functions and powers.	3105

(6) Make available to employee organizations, public	3106
employers, mediators, fact-finding panels, arbitrators, and joint	3107
study committees statistical data relating to wages, benefits, and	3108
employment practices in public and private employment applicable	3109
to various localities and occupations to assist them to resolve	3110
issues in negotiations;	3111

(7) Notwithstanding section 119.13 of the Revised Code,	3112
establish standards of persons who practice before it;	3113

(8) Adopt, amend, and rescind rules and procedures and	3114
exercise other powers appropriate to carry out this chapter.	3115
Before the adoption, amendment, or rescission of rules and	3116
procedures under this section, the state employment relations	3117
board shall do all of the following:	3118

(a) Maintain a list of interested public employers and	3119
employee organizations and mail notice to such groups of any	3120
proposed rule or procedure, amendment thereto, or rescission	3121
thereof at least thirty days before any public hearing thereon;	3122

(b) Mail a copy of each proposed rule or procedure, amendment	3123
thereto, or rescission thereof to any person who requests a copy	3124
within five days after receipt of the request therefor;	3125

(c) Consult with appropriate statewide organizations	3126
representing public employers or employees who would be affected	3127
by the proposed rule or procedure.	3128

Although the state employment relations board is expected to	3129
discharge these duties diligently, failure to mail any notice or	3130
copy, or to so consult with any person, is not jurisdictional and	3131
shall not be construed to invalidate any proceeding or action of	3132
the state employment relations board.	3133

(L) In case of neglect or refusal to obey a subpoena issued	3134
to any person, the court of common pleas of the county in which	3135
the investigation or the public hearing occurs, upon application	3136
by the state employment relations board, may issue an order	3137
requiring the person to appear before the state employment	3138
relations board and give testimony about the matter under	3139
investigation. The court may punish a failure to obey the order as	3140
contempt.	3141

(M) Any subpoena, notice of hearing, or other process or	3142
notice of the state employment relations board issued under this	3143
section may be served personally, by certified mail, or by leaving	3144
a copy at the principal office or personal residence of the	3145
respondent required to be served. A return, made and verified by	3146
the individual making the service and setting forth the manner of	3147
service, is proof of service, and a return post office receipt,	3148
when certified mail is used, is proof of service. All process in	3149
any court to which application is made under this chapter may be	3150
served in the county wherein the persons required to be served	3151
reside or are found.	3152

(N) All expenses of the state employment relations board,	3153
including all necessary traveling and subsistence expenses	3154
incurred by the members or employees of the state employment	3155
relations board under its orders, shall be paid pursuant to	3156
itemized vouchers approved by the chairperson of the state	3157
employment relations board, the executive director, or both, or	3158
such other person as the chairperson designates for that purpose.	3159

(O) Whenever the state employment relations board determines	3160
that a substantial controversy exists with respect to the	3161
application or interpretation of this chapter and the matter is of	3162
public or great general interest, the state employment relations	3163
board shall certify its final order directly to the court of	3164
appeals having jurisdiction over the area in which the principal	3165
office of the public employer directly affected by the application	3166
or interpretation is located. The chairperson shall file with the	3167
clerk of the court a certified copy of the transcript of the	3168
proceedings before the state employment relations board pertaining	3169
to the final order. If upon hearing and consideration the court	3170
decides that the final order of the state employment relations	3171
board is unlawful or is not supported by substantial evidence on	3172
the record as a whole, the court shall reverse and vacate the	3173
final order or modify it and enter final judgment in accordance	3174
with the modification; otherwise, the court shall affirm the final	3175
order. The notice of the final order of the state employment	3176
relations board to the interested parties shall contain a	3177
certification by the chairperson of the state employment relations	3178
board that the final order is of public or great general interest	3179
and that a certified transcript of the record of the proceedings	3180
before the state employment relations board had been filed with	3181
the clerk of the court as an appeal to the court. For the purposes	3182
of this division, the state employment relations board has	3183
standing to bring its final order properly before the court of	3184
appeals.	3185

(P) Except as otherwise specifically provided in this	3186
section, the state employment relations board is subject to	3187
Chapter 119. of the Revised Code, including the procedure for	3188
submission of proposed rules to the general assembly for	3189
legislative review under division (H)(C) of section 119.03 of the	3190
Revised Code.	3191

Sec. 4141.14. (A) All rules of the director of the	3192
department of job and family services adopted pursuant to this	3193
chapter shall be approved by the unemployment compensation review	3194
commission before the rules become effective. All such rules shall	3195
specify on their face their effective date and the date on which	3196
they will expire, if known. Approval by the unemployment	3197
compensation review commission shall also be required before	3198
amendments to, or rescission of, any rules of the director adopted	3199
pursuant to this chapter become effective. If the commission	3200
disapproves a rule of the director, it shall determine and	3201
promulgate a rule that it considers appropriate after affording a	3202
hearing to the director.	3203

(B)(1) Any rule promulgated pursuant to this section shall be	3204
effective on the tenth day after the day on which the rule in	3205
final form and in compliance with division (B)(2) of this section	3206
is filed as follows:	3207

(a) The rule shall be filed in electronic form with both the	3208
secretary of state and the director of the legislative service	3209
commission;	3210

(b) The rule shall be filed in electronic form with the joint	3211
committee on agency rule review. Division (B)(1)(b) of this	3212
section does not apply to any rule to which division (H) of	3213
section 119.03 of the Revised Code does not apply.	3214

If all filings are not completed on the same day, the rule	3215
shall be effective on the tenth day after the day on which the	3216
latest filing is completed. If the department of job and family	3217
services or the unemployment compensation review commission in	3218
adopting a rule pursuant to this chapter designates an effective	3219
date that is later than the effective date provided for by this	3220
division, the rule if filed as required by this division shall	3221
become effective on the later date designated by the department or	3222
commission.	3223

If the commission or department adopts or amends a rule that	3224
is subject to division (H) of section 119.03 of the Revised Code,	3225
the commission or department shall assign a review date to the	3226
rule that is not later than five years after its effective date.	3227
If no review date is assigned to a rule, or if a review date	3228
assigned to a rule exceeds the five-year maximum, the review date	3229
for the rule is five years after its effective date. A rule with a	3230
review date is subject to review under section 119.032 of the	3231
Revised Code.	3232

(2) The department and commission shall file the rule in	3233
compliance with the following standards and procedures:	3234

(a) The rule shall be numbered in accordance with the	3235
numbering system devised by the director for the Ohio	3236
administrative code.	3237

(b) The rule shall be prepared and submitted in compliance	3238
with the rules of the legislative service commission.	3239

(c) The rule shall clearly state the date on which it is to	3240
be effective and the date on which it will expire, if known.	3241

(d) Each rule that amends or rescinds another rule shall	3242
clearly refer to the rule that is amended or rescinded. Each	3243
amendment shall fully restate the rule as amended.	3244

If the director of the legislative service commission or the	3245
director's designee gives the department of job and family	3246
services or the unemployment compensation review commission notice	3247
pursuant to section 103.05 of the Revised Code that a rule filed	3248
by the department or review commission is not in compliance with	3249
the rules of the legislative service commission, the department or	3250
review commission shall within thirty days after receipt of the	3251
notice conform the rule to the rules of the commission as directed	3252
in the notice.	3253

The secretary of state and the director of the legislative	3254
service commission shall preserve the rules filed under division	3255
(B)(1)(a) of this section in an accessible manner. Each such rule	3256
shall be a public record open to public inspection and may be	3257
transmitted to any law publishing company that wishes to reproduce	3258
it.	3259

(C) As used in this section:

3260

(1) "Rule" includes an amendment or rescission of a rule.

3261

(2) "Substantive revision" has the same meaning as in	3262
division (J) of section 119.01 of the Revised Code.	3263

Sec. 5103.0325.  Notwithstanding division (B) of section	3264
119.032106.03 of the Revised Code, the department of job and	3265
family services shall review once every two years the department's	3266
rules governing visits and contacts by a public children services	3267
agency or private child placing agency with a child in the	3268
agency's custody and placed in foster care in this state. The	3269
department shall adopt rules in accordance with Chapter 119. of	3270
the Revised Code to ensure compliance with the department's rules	3271
governing agency visits and contacts with a child in its custody.	3272

Sec. 5117.02.  (A) The director of development shall adopt	3273
rules, or amendments and rescissions of rules, pursuant to section	3274
4928.52 of the Revised Code, for the administration of the Ohio	3275
energy credit program under sections 5117.01 to 5117.12 of the	3276
Revised Code.	3277

(B) As a means of efficiently administering the program, the	3278
director may extend, by as much as a total of thirty days, any	3279
date specified in such sections for the performance of a	3280
particular action by an individual or an officer.	3281

(C)(1) Except as provided in division (C)(2) of this section,	3282
the director shall adopt, in accordance with divisions (A), (B),	3283
(C), (D), (E), and (H)(F) of section 119.03 and section 119.04 of	3284
the Revised Code, whatever rules, or amendments or rescissions of	3285
rules are required by or are otherwise necessary to implement	3286
sections 5117.01 to 5117.12 of the Revised Code. A rule,	3287
amendment, or rescission adopted under this division is not exempt	3288
from the hearing requirements of section 119.03 of the Revised	3289
Code pursuant to division (G)(H) of that section, or subject to	3290
section 111.15 of the Revised Code.	3291

(2) If an emergency necessitates the immediate adoption of a	3292
rule, or the immediate adoption of an amendment or rescission of a	3293
rule that is required by or otherwise necessary to implement	3294
sections 5117.01 to 5117.12 of the Revised Code, the director	3295
immediately may adopt the emergency rule, amendment, or rescission	3296
without complying with division (A), (B), (C), (D), (E), or (H)(F)	3297
of section 119.03 of the Revised Code so long as the commissioner	3298
director states the reasons for the necessity in the emergency	3299
rule, amendment, or rescission. The emergency rule, amendment, or	3300
rescission is effective on the day the emergency rule, amendment,	3301
or rescission, in final form and in compliance with division	3302
(A)(2) of section 119.04 of the Revised Code, is filed in	3303
electronic form with the secretary of state, the director of the	3304
legislative service commission, and the joint committee on agency	3305
rule review. If all filings are not completed on the same day, the	3306
emergency rule, amendment, or rescission is effective on the day	3307
on which the latest filing is completed. An emergency rule,	3308
amendment, or rescission adopted under this division is not	3309
subject to section 111.15 or division (F)(G) of section 119.03 of	3310
the Revised Code. An emergency rule, amendment, or rescission	3311
adopted under this division continues in effect until amended or	3312
rescinded by the director in accordance with division (C)(1) or	3313
(2) of this section, except that the rescission of an emergency	3314
rescission does not revive the rule rescinded.	3315

(D) Except where otherwise provided, each form, application,	3316
notice, and the like used in fulfilling the requirements of	3317
sections 5117.01 to 5117.12 of the Revised Code shall be approved	3318
by the director.	3319

Sec. 5703.14. (A) Any rule adopted by the board of tax	3320
appeals and any rule of the department of taxation adopted by the	3321
tax commissioner shall be effective on the tenth day after the day	3322
on which the rule in final form and in compliance with division	3323
(B) of this section is filed by the board or the commissioner as	3324
follows:	3325

(1) The rule shall be filed in electronic form with both the	3326
secretary of state and the director of the legislative service	3327
commission;	3328

(2) The rule shall be filed in electronic form with the joint	3329
committee on agency rule review. Division (A)(2) of this section	3330
does not apply to any rule to which division (H) of section 119.03	3331
of the Revised Code does not apply.	3332

If all filings are not completed on the same day, the rule	3333
shall be effective on the tenth day after the day on which the	3334
latest filing is completed. If the board or the commissioner in	3335
adopting a rule designates an effective date that is later than	3336
the effective date provided for by this division, the rule if	3337
filed as required by this division shall become effective on the	3338
later date designated by the board or commissioner.	3339

(B) The board and commissioner shall file the rule in	3340
compliance with the following standards and procedures:	3341

(1) The rule shall be numbered in accordance with the	3342
numbering system devised by the director for the Ohio	3343
administrative code.	3344

(2) The rule shall be prepared and submitted in compliance	3345
with the rules of the legislative service commission.	3346

(3) The rule shall clearly state the date on which it is to	3347
be effective and the date on which it will expire, if known.	3348

(4) Each rule that amends or rescinds another rule shall	3349
clearly refer to the rule that is amended or rescinded. Each	3350
amendment shall fully restate the rule as amended.	3351

If the director of the legislative service commission or the	3352
director's designee gives the board or commissioner notice	3353
pursuant to section 103.05 of the Revised Code that a rule filed	3354
by the board or commissioner is not in compliance with the rules	3355
of the legislative service commission, the board or commissioner	3356
shall within thirty days after receipt of the notice conform the	3357
rule to the rules of the legislative service commission as	3358
directed in the notice.	3359

All rules of the department and board filed pursuant to	3360
division (A)(1) of this section shall be recorded by the secretary	3361
of state and the director under the name of the department or	3362
board and shall be numbered in accordance with the numbering	3363
system devised by the director. The secretary of state and the	3364
director shall preserve the rules in an accessible manner. Each	3365
such rule shall be a public record open to public inspection and	3366
may be transmitted to any law publishing company that wishes to	3367
reproduce it. Each such rule shall also be made available to	3368
interested parties upon request directed to the department.	3369

(C) Applications for review of any rule adopted and	3370
promulgated by the tax commissioner may be filed with the board of	3371
tax appeals by any person who has been or may be injured by the	3372
operation of the rule. The appeal may be taken at any time after	3373
the rule is filed with the secretary of the state, the director of	3374
the legislative service commission, and, if applicable, the joint	3375
committee on agency rule review. Failure to file an appeal does	3376
not preclude any person from seeking any other remedy against the	3377
application of the rule to the person. The applications shall set	3378
forth, or have attached thereto and incorporated by reference, a	3379
true copy of the rule, and shall allege that the rule complained	3380
of is unreasonable and shall state the grounds upon which the	3381
allegation is based. Upon the filing of the application, the board	3382
shall notify the commissioner of the filing of the application,	3383
fix a time for hearing the application, notify the commissioner	3384
and the applicant of the time for the hearing, and afford both an	3385
opportunity to be heard. The appellant, the tax commissioner, and	3386
any other interested persons that the board permits, may introduce	3387
evidence. The burden of proof to show that the rule is	3388
unreasonable shall be upon the appellant. After the hearing, the	3389
board shall determine whether the rule complained of is reasonable	3390
or unreasonable. A determination that the rule complained of is	3391
unreasonable shall require a majority vote of the three members of	3392
the board, and the reasons for the determination shall be entered	3393
on the journal of the board.	3394

Upon determining that the rule complained of is unreasonable,	3395
the board shall file copies of its determination as follows:	3396

(1)(A) The determination shall be filed in electronic form	3397
with both the secretary of state and the director of the	3398
legislative service commission, who shall note the date of their	3399
receipt of the certified copies conspicuously in their files of	3400
the rules of the department;	3401

(2)(B) The determination shall be filed in electronic form	3402
with the joint committee on agency rule review. Division (C)(2) of	3403
this section does not apply to any rule to which division (H)(C)	3404
of section 119.03 of the Revised Code does not apply.	3405

On the tenth day after the determination has been received by	3406
the secretary of state, the director, and, if applicable, the	3407
joint committee, the rule referred to in the determination shall	3408
cease to be in effect. If all filings of the determination are not	3409
completed on the same day, the rule shall remain in effect until	3410
the tenth day after the day on which the latest filing is	3411
completed. This section does not apply to licenses issued under	3412
sections 5735.02, 5739.17, and 5743.15 of the Revised Code, which	3413
shall be governed by sections 119.01 to 119.13 of the Revised	3414
Code.	3415

The board is not required to hear an application for the	3416
review of any rule where the grounds of the allegation that the	3417
rule is unreasonable have been previously contained in an	3418
application for review and have been previously heard and passed	3419
upon by the board.	3420

(D) As used in this section, "substantive revision" has the	3421
same meaning as in division (J) of section 119.01 of the Revised	3422
Code.	3423

Sec. 6111.31.  All substantive wetland, stream, or lake	3424
mitigation standards, criteria, scientific methods, processes, or	3425
other procedures or policies that are used in a uniform manner by	3426
the director of environmental protection in evaluating the	3427
adequacy of a mitigation proposal contained in an application for	3428
a section 401 water quality certification shall be adopted and	3429
reviewed in accordance with sections 119.03 and 119.032106.03 of	3430
the Revised Code before those standards, criteria, or scientific	3431
methods have the force of law. Until that time, any such	3432
mitigation standards, criteria, scientific methods, processes, or	3433
other procedures or policies that are used by or approved for use	3434
by the director to evaluate, measure, or determine the success,	3435
approval, or denial of a mitigation proposal, but that have not	3436
been subject to review under sections 119.03 and 119.032106.03 of	3437
the Revised Code shall not be used as the basis for any	3438
certification or permit denial or as a standard applied to	3439
mitigation unless the applicant has been notified in advance that	3440
additional mitigation standards, criteria, scientific methods,	3441
processes, or procedures will be considered as part of the review	3442
process.	3443

Sec. 6111.51. (A)(1) The director of environmental protection	3444
shall adopt rules that establish criteria for three levels of	3445
credible data related to surface water monitoring and assessment.	3446
The rules pertaining to each level shall establish requirements	3447
for data assessment, sample collection and analytical methods, and	3448
quality assurance and quality control procedures that must be	3449
followed in order to classify data as credible at that level. The	3450
rules shall provide that level three credible data are collected	3451
by employing the most stringent methods and procedures, level two	3452
credible data are collected using methods and procedures that are	3453
less stringent than methods and procedures used to collect level	3454
three credible data, but more stringent than methods and	3455
procedures used to collect level one, and level one credible data	3456
are collected by employing the least stringent methods and	3457
procedures.	3458

The requirements established in the rules for each level of	3459
credible data shall be commensurate with, and no more stringent	3460
than necessary to support, the purposes for which the data will be	3461
used. In adopting rules under this section, the director shall	3462
consider the cost of data collection methods and procedures to	3463
persons or entities collecting data, and the burden of compliance	3464
with those methods and procedures for those persons or entities,	3465
while ensuring the degree of accuracy commensurate with the	3466
purpose for which the data will be used. No data shall be	3467
classified as credible data unless they have been collected in	3468
compliance with the applicable methods and procedures for	3469
collecting the data established in rules adopted under this	3470
section.	3471

(2) The director shall file the rules required to be adopted	3472
under division (A)(1) of this section with the secretary of state,	3473
the director of the legislative service commission, and the joint	3474
committee on agency rule review in accordance with divisions (B)	3475
and (H)(C) of section 119.03 of the Revised Code not later than	3476
one year after the effective date of this sectionOctober 21,	3477
2003. As soon as practicable thereafter, the director shall	3478
proceed to adopt the rules in accordance with all other applicable	3479
provisions of Chapter 119. of the Revised Code.	3480

(B)(1) Level three credible data shall be used for the	3481
purposes specified in section 6111.52 of the Revised Code.	3482

(2) Levels two and three credible data shall be used for the	3483
purpose of evaluating the effectiveness of pollution controls for	3484
point sources and nonpoint sources and initial screening of water	3485
quality problems to determine if additional study is needed.	3486

(3) Levels one, two, and three credible data shall be used	3487
for public awareness and education activities.	3488

(C) No data shall be considered credible unless the data	3489
originate from studies and samples collected by the environmental	3490
protection agency, its contractors, federal or state environmental	3491
agencies, or qualified data collectors. However, data submitted	3492
pursuant to the requirements of a permit issued by an agency of	3493
the state or submitted as a result of findings and orders issued	3494
by the director or pursuant to a court order shall be considered	3495
credible unless the director identifies reasons why the data are	3496
not credible.	3497

(D) If the director has obtained credible data for a surface	3498
water, the director also may use historical data for the purpose	3499
of determining whether any water quality trends exist for that	3500
surface water.	3501

(E) Sections 6111.50 to 6111.56 of the Revised Code do not	3502
apply to civil or criminal enforcement actions brought under	3503
section 6111.07 of the Revised Code.	3504

(F) The director's use of credible data shall be consistent	3505
with the Federal Water Pollution Control Act.	3506

(G) Nothing in sections 6111.50 to 6111.56 of the Revised	3507
Code is an exception to statutory, common, or municipal law of	3508
trespass.	3509

Section 2.  That existing sections 101.35, 103.0511, 107.52,	3510
107.53, 107.54, 107.55, 107.62, 107.63, 111.15, 117.20, 119.01,	3511
119.03, 119.04, 121.39, 121.73, 121.74, 121.81, 121.82, 121.83,	3512
127.18, 1531.08, 3319.22, 3319.221, 3333.021, 3333.048, 3737.88,	3513
3746.04, 4117.02, 4141.14, 5103.0325, 5117.02, 5703.14, 6111.31,	3514
and 6111.51 of the Revised Code are repealed.	3515

Section 3.  That sections 119.031 and 119.032 of the Revised	3516
Code are repealed.	3517

Section 4.  Sections 106.02, 106.021, 106.022, 106.04, and	3518
106.041 of the Revised Code are a continuation, although with	3519
revisions, of former division (I) of section 119.03 of the Revised	3520
Code. Division (C) of section 119.03 of the Revised Code is a	3521
continuation, although with revisions, of former division (H) of	3522
that section. And sections 106.03 and 106.031 of the Revised Code	3523
are a continuation, although with revisions, of former section	3524
119.032 of the Revised Code. The seventh paragraph of section	3525
106.01 of the Revised Code is a continuation, although with	3526
revisions, of division (A)(3)(b) of former section 119.03 of the	3527
Revised Code.	3528

Section 5.  The date by which the periodic review of an	3529
existing rule is to be completed has been referred to as its	3530
"119.032 review date." The Revised Code section referred to is the	3531
number of the Revised Code section under which periodic review of	3532
existing rules formerly was carried out. Because of the	3533
recodification of that former section by this act, periodic review	3534
of existing rules is to be carried out under sections 106.03 and	3535
106.031 of the Revised Code. A reference to the "119.032 review	3536
date" of a rule therefore shall be read as if it referred to	3537
periodic review of the rule under sections 106.03 and 106.031 of	3538
the Revised Code.	3539

It is recommended that the date by which the periodic review	3540
of an existing rule is to be completed be referred to as its	3541
"periodic review date."	3542

Section 6.  Legislative Information Systems, in consultation	3543
with the Director of the Legislative Service Commission, the	3544
Executive Director of the Joint Committee on Agency Rule Review,	3545
the Common Sense Initiative Office, and any other person or agency	3546
involved in the electronic rule filing system, shall program or	3547
reprogram the electronic rule filing system as necessary to enable	3548
electronic filing and other electronic processing of rules and	3549
rule-making documents as required by this act. Legislative	3550
Information Systems shall complete the programming or	3551
reprogramming as soon as reasonably possible after the effective	3552
date of this section but not later than the day that is six months	3553
after that effective date.	3554

If at the time a provision of this act that contemplates	3555
electronic filing or other electronic processing of rules or	3556
rule-making documents takes effect, electronic filing or other	3557
electronic processing is not available, the provision shall be	3558
complied with manually until electronic filing or other electronic	3559
processing is available.	3560

Section 7.  (A) Sections 106.02, 106.021, and 106.022 of the	3561
Revised Code do not apply to a proposed rule or revised proposed	3562
rule that was filed under division (D) of section 111.15 or former	3563
division (H) of section 119.03 of the Revised Code and, on the	3564
effective date of this section, is pending before the Joint	3565
Committee on Agency Rule Review for review under former division	3566
(I) of section 119.03 of the Revised Code. The Joint Committee	3567
shall review the proposed rule or revised proposed rule under	3568
former division (I) of section 119.03 of the Revised Code as if	3569
the division had not been repealed.	3570

(B) Sections 106.03 and 106.031 of the Revised Code do not	3571
apply to an existing rule that was filed under former section	3572
119.032 of the Revised Code and, on the effective date of this	3573
section, is pending before the Joint Committee on Agency Rule	3574
Review for review under that former section. The Joint Committee	3575
shall review the existing rule under former section 119.032 of the	3576
Revised Code as if the section had not been repealed.	3577

Section 8.  The General Assembly, applying the principle	3578
stated in division (B) of section 1.52 of the Revised Code that	3579
amendments are to be harmonized if reasonably capable of	3580
simultaneous operation, finds that the following sections,	3581
presented in this act as composites of the sections as amended by	3582
the acts indicated, are the resulting versions of the sections in	3583
effect prior to the effective date of the sections as presented in	3584
this act:	3585

Section 3737.88 of the Revised Code as amended by both Am.	3586
Sub. H.B. 153 and Sub. S.B. 171 of the 129th General Assembly.	3587

Section 5117.02 of the Revised Code as amended by both Am.	3588
Sub. S.B. 3 and the version of Am. Sub. S.B. 11 of the 123rd	3589
General Assembly effective on April 1, 2002.	3590

Section 5703.14 of the Revised Code as amended by both Am.	3591
Sub. S.B. 3 and the version of Am. Sub. S.B. 11 of the 123rd	3592
General Assembly effective on April 1, 2002.	3593