As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 396

Representatives McGregor, Murray 

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A BILL

To amend sections 101.35, 103.0511, 107.54, 111.15,

1

117.20, 119.01, 119.03, 119.04, 121.39, 121.73,

2

121.74, 121.81, 121.82, 121.83, 127.18, 1531.08,

3

3319.22, 3319.221, 3333.021, 3333.048, 3737.88,

4

3746.04, 4117.02, 4141.14, 5103.0325, 5117.02,

5

5703.14, 6111.31, and 6111.51; to enact sections

6

106.01, 106.02, 106.021, 106.022, 106.023, 106.03,

7

106.031, 106.032, 106.04, 106.041, and 106.042;

8

and to repeal sections 119.031 and 119.032 of the

9

Revised Code to revise rule-making and rule review

10

procedures and to declare an emergency.

11

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

Section 1.  That sections 101.35, 103.0511, 107.54, 111.15,	12
117.20, 119.01, 119.03, 119.04, 121.39, 121.73, 121.74, 121.81,	13
121.82, 121.83, 127.18, 1531.08, 3319.22, 3319.221, 3333.021,	14
3333.048, 3737.88, 3746.04, 4117.02, 4141.14, 5103.0325, 5117.02,	15
5703.14, 6111.31, and 6111.51 be amended and that sections 106.01,	16
106.02, 106.021, 106.022, 106.023, 106.03, 106.031, 106.032,	17
106.04, 106.041, and 106.042 of the Revised Code be enacted to	18
read as follows:	19

Sec. 101.35.  There is hereby created in the general assembly	20
the joint committee on agency rule review. The committee shall	21
consist of five members of the house of representatives and five	22
members of the senate. Within fifteen days after the commencement	23
of the first regular session of each general assembly, the speaker	24
of the house of representatives shall appoint the members of the	25
committee from the house of representatives, and the president of	26
the senate shall appoint the members of the committee from the	27
senate. Not more than three of the members from each house shall	28
be of the same political party. In the first regular session of a	29
general assembly, the chairperson of the committee shall be	30
appointed by the speaker of the house from among the house members	31
of the committee, and the vice-chairperson shall be appointed by	32
the president of the senate from among the senate members of the	33
committee. In the second regular session of a general assembly,	34
the chairperson shall be appointed by the president of the senate	35
from among the senate members of the committee, and the	36
vice-chairperson shall be appointed by the speaker of the house	37
from among the house members of the committee. The chairperson,	38
vice-chairperson, and members of the committee shall serve until	39
their respective successors are appointed or until they are no	40
longer members of the general assembly. When a vacancy occurs	41
among the officers or members of the committee, it shall be filled	42
in the same manner as the original appointment.	43

Notwithstanding section 101.26 of the Revised Code, the	44
members, when engaged in their duties as members of the committee	45
on days when there is not a voting session of the member's house	46
of the general assembly, shall be paid at the per diem rate of one	47
hundred fifty dollars, and their necessary traveling expenses,	48
which shall be paid from the funds appropriated for the payment of	49
expenses of legislative committees.	50

The committee has the same powers as other standing or select	51
committees of the general assembly. Six members constitute a	52
quorum, and the concurrence of six members is required for the	53
recommendation of a concurrent resolution invalidatingto	54
recommend enactment of a bill invalidating a proposed or effective	55
existing rule, amendment, rescission, or part thereof, or for the	56
suspension of a rule, amendment, rescission, or part thereof,	57
under division (I) of section 119.03106.021 or section 119.031	58
106.031 of the Revised Code.	59

When a member of the committee is absent, the president or	60
speaker, as the case may be, may designate a substitute from the	61
same house and political party as the absent member. The	62
substitute shall serve on the committee in the member's absence,	63
and is entitled to perform the duties of a member of the	64
committee. For serving on the committee, the substitute shall be	65
paid the same per diem and necessary traveling expenses as the	66
substitute would be entitled to receive if the substitute were a	67
member of the committee.	68

The president or speaker shall inform the executive director	69
of the committee of a substitution. If the executive director	70
learns of a substitution sufficiently in advance of the meeting of	71
the committee the substitute is to attend, the executive director	72
shall publish notice of the substitution on the internet, make	73
reasonable effort to inform of the substitution persons who are	74
known to the executive director to be interested in rules that are	75
scheduled for review at the meeting, and inform of the	76
substitution persons who inquire of the executive director	77
concerning the meeting.	78

The committee may meet during periods in which the general	79
assembly has adjourned. At	80

At meetings of the committee, the committee may request a	81
rule-makingan agency, as defined in section 119.01106.01 of the	82
Revised Code, to provide information relative to the agency's	83
implementation of its statutory authority.	84

A member of the committee, and the executive director and	85
staff of the committee, are entitled in their official capacities	86
to attend, but not in their official capacities to participate in,	87
a public hearing conducted by a rule-makingan agency on a	88
proposed rule, amendment, or rescission.	89

Sec. 103.0511.  The director of the legislative service	90
commission shall establish and maintain, and enhance and improve,	91
an electronic rule-filing system connecting:	92

(A) The legislative service commission, the joint committee	93
on agency rule review, and the secretary of state;	94

(B) The governor, the senate and house of representatives,	95
and the clerks of the senate and house of representatives;	96

(C) Each agency that files rules and other rule-making and	97
rule-related documents with the legislative service commission,	98
the joint committee on agency rule review, the department of	99
aging, the governor, the common sense initiative office, the	100
secretary of state, the general assembly, or a committee of the	101
senate or house of representatives under section 106.02, 106.022,	102
106.031, 107.54, 111.15, 117.20, 119.03, 119.031, 119.032,	103
119.0311, 119.04, 121.24, 121.39, 121.82, 127.18, 4141.14,	104
173.01, 5117.02, or 5703.14 of the Revised Code or any other	105
statute;	106

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

107

(E) The common sense initiative office; and

108

(F) Any other person or governmental officer or entity whose	109
inclusion in the system is required for the system to be a	110
complete electronic rule-filing system.	111

The electronic rule-filing system is to enable rules and	112
rule-making and rule-related documents to be filed, and official	113
responses to these filings to be made, exclusively by electronic	114
means.	115

Sec. 106.01. As used in sections 106.01 to 106.042 of the	116
Revised Code, as the case may be:	117

(A) "Agency" means an agency as defined in sections 111.15	118
and 119.01 of the Revised Code.	119

(B) "Review date" means the review date assigned to a rule by	120
an agency under section 111.15 or 119.04 of the Revised Code.	121

(C) "Rule" means (1) a proposed new rule, or a proposed	122
amendment or rescission of an existing rule, that has been filed	123
with the joint committee on agency rule review under division (D)	124
of section 111.15 of the Revised Code or division (D) of section	125
119.03 of the Revised Code or (2) an existing rule that is subject	126
to review under sections 106.03 and 106.031 of the Revised Code.	127
"Rule" includes an appendix to a rule.	128

"Proposed rule" refers to the original and a revised version	129
of a proposed rule.	130

"Proposed rule" does not include a proposed rule that has	131
been adopted and is being filed in final form.	132

In sections 106.03 and 106.031 of the Revised Code, "rule"	133
does not include a rule adopted, amended, or rescinded by the	134
department of taxation under section 5703.14 of the Revised Code,	135
a rule of a state college or university, community college	136
district, technical college district, or state community college,	137
or a rule that is consistent with and equivalent to the form	138
required by a federal law and that does not exceed the minimum	139
scope and intent of that federal law.	140

Sec. 106.02. When an agency files a proposed rule and rule	141
summary and fiscal analysis with the joint committee on agency	142
rule review, the joint committee shall review the proposed rule	143
and rule summary and fiscal analysis not later than the	144
sixty-fifth day after the day on which the proposed rule was filed	145
with the joint committee. If, after filing the original version of	146
a proposed rule, the agency makes a revision in the proposed rule,	147
the agency shall file the revised proposed rule and a revised rule	148
summary and fiscal analysis with the joint committee. If the	149
revised proposed rule is filed thirty-five or fewer days after the	150
original version of the proposed rule was filed, the joint	151
committee shall review the revised proposed rule and revised rule	152
summary and fiscal analysis not later than the sixty-fifth day	153
after the original version of the proposed rule was filed. If,	154
however, the revised proposed rule is filed more than thirty-five	155
days after the original version of the proposed rule was filed,	156
the joint committee shall review the revised proposed rule and	157
revised rule summary and fiscal analysis not later than the	158
thirtieth day after the revised proposed rule was filed with the	159
joint committee.	160

When a proposed rule or revised proposed rule is filed with	161
the joint committee in December, the joint committee shall review	162
the proposed rule or revised proposed rule as if the proposed rule	163
or revised proposed rule were the original version of the proposed	164
rule and had been filed with the joint committee on the first day	165
of the legislative session in the following January.	166

A revised proposed rule supersedes each earlier version of	167
the same proposed rule.	168

The joint committee shall not hold its public hearing on a	169
proposed rule earlier than the forty-first day after the proposed	170
rule was filed with the joint committee.	171

Sec. 106.021. If, upon reviewing a proposed rule or revised	172
proposed rule, the joint committee on agency rule review makes any	173
of the following findings with regard to the proposed rule or	174
revised proposed rule, the joint committee may recommend to the	175
senate and house of representatives the enactment of a bill to	176
invalidate the proposed rule or revised proposed rule or a part	177
thereof:	178

(A) The proposed rule or revised proposed rule exceeds the	179
scope of its statutory authority.	180

(B) The proposed rule or revised proposed rule conflicts with	181
the legislative intent of the statute under which it was proposed.	182

(C) The proposed rule or revised proposed rule conflicts with	183
another proposed or existing rule.	184

(D) The proposed rule or revised proposed rule incorporates a	185
text or other material by reference and either the agency has	186
failed to file the text or other material incorporated by	187
reference as required by section 121.73 of the Revised Code or the	188
incorporation by reference fails to meet the standards stated in	189
section 121.72, 121.75, or 121.76 of the Revised Code.	190

(E) The agency has failed to demonstrate through the business	191
impact analysis, recommendations from the common sense initiative	192
office, and the memorandum of response that the regulatory intent	193
of the proposed rule or revised proposed rule justifies its	194
adverse impact on businesses in this state.	195

(F) The agency has failed to prepare a complete and accurate	196
rule summary and fiscal analysis of the proposed rule or revised	197
proposed rule as required by section 127.18 of the Revised Code.	198

Sec. 106.022.  As an alternative to recommending the	199
enactment of a bill to invalidate a proposed rule because an	200
agency has not prepared a complete and accurate rule summary and	201
fiscal analysis addressing the fiscal effect of the proposed rule	202
on counties, townships, municipal corporations, or school	203
districts, the joint committee on agency rule review may issue a	204
finding that the rule summary and fiscal analysis is incomplete or	205
inaccurate as to that fiscal effect, and order the agency to	206
refile the proposed rule with a revised rule summary and fiscal	207
analysis that addresses that fiscal effect completely and	208
accurately. The joint committee shall transmit the finding and	209
order electronically to the agency, the secretary of state, the	210
director of the legislative service commission, and, if the	211
proposed rule is to replace an emergency rule, the governor.	212

Upon receiving the finding and order, the agency may revise	213
the rule summary and fiscal analysis completely and accurately to	214
address the fiscal effect of the proposed rule on counties,	215
townships, municipal corporations, or school districts, and then	216
refile the proposed rule and revised rule summary and fiscal	217
analysis electronically with the joint committee. When the	218
proposed rule is refiled under this paragraph it is as if the	219
refiled proposed rule were a revised proposed rule.	220

If the joint committee finds that the revised rule summary	221
and fiscal analysis continues incompletely or inaccurately to	222
address the fiscal effect of the proposed rule on counties,	223
townships, municipal corporations, or school districts, the joint	224
committee may recommend the enactment of a bill to invalidate the	225
proposed rule under division (F) of section 106.021 of the Revised	226
Code. The joint committee may make only one finding and order with	227
regard to the same proposed rule.	228

A proposed rule that is subject to a finding and order may	229
not be adopted and filed in final form unless this section has	230
been complied with.	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 and file it in final form until the time for	240
the joint committee on agency rule review to review the proposed	241
rule or revised proposed rule has expired. If, before the time for	242
its review of a proposed rule or revised proposed rule expires,	243
the joint committee recommends enactment of a bill invalidating	244
the proposed rule or revised proposed rule, the rule-making	245
proceedings pertaining to the proposed rule or revised proposed	246
rule are suspended, and the proposed rule or revised proposed rule	247
may not be adopted and filed in final form during the suspension.	248
The suspension begins on the day the bill proposing to implement	249
the recommendation is submitted to the clerk of either house of	250
the general assembly. The suspension expires on the earlier of the	251
day that is six months after the day the bill was submitted or the	252
day sine die adjournment of both houses occurs. Upon expiration of	253
the suspension, the rule-making proceedings may resume. If,	254
however, during the suspension, or at any time thereafter, an act	255
invalidating the proposed rule or revised proposed rule takes	256
effect, the rule, whether then existing or still proposed, is	257
invalid as provided in the act.	258

Sec. 106.03. Prior to the review date of an existing rule,	259
the agency that adopted the rule shall do both of the following:	260

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

261

(1) Whether the rule should be continued without amendment,	262
be amended, or be rescinded, taking into consideration the	263
purpose, scope, and intent of the statute under which the rule was	264
adopted;	265

(2) Whether the rule needs amendment or rescission to give	266
more flexibility at the local level;	267

(3) Whether the rule needs amendment or rescission to	268
eliminate unnecessary paperwork;	269

(4) Whether the rule incorporates a text or other material by	270
reference and, if so, whether the text or other material	271
incorporated by reference is deposited or displayed as required by	272
section 121.74 of the Revised Code and whether the incorporation	273
by reference meets the standards stated in sections 121.72,	274
121.75, and 121.76 of the Revised Code;	275

(5) Whether the rule duplicates, overlaps with, or conflicts	276
with other rules;	277

(6) Whether the rule has an adverse impact on businesses, as	278
determined under section 107.52 of the Revised Code, and whether	279
any such adverse impact has been eliminated or reduced as required	280
under section 121.82 of the Revised Code.	281

In making its review, the agency shall consider the continued	282
need for the rule, the nature of any complaints or comments	283
received concerning the rule, and any relevant factors that have	284
changed in the subject matter area affected by the rule.	285

(B) On the basis of its review of the existing rule, the	286
agency shall determine whether the existing rule needs to be	287
amended or rescinded.	288

(1) If the existing rule needs to be amended or rescinded,	289
the agency, on or before the review date of the existing rule,	290
shall commence the process of amending or rescinding the existing	291
rule in accordance with its review of the rule.	292

(2) If the existing rule does not need to be amended or	293
rescinded, proceedings shall be had under section 106.031 of the	294
Revised Code.	295

Upon the request of the agency that adopted an existing rule,	296
the joint committee on agency rule review may extend the review	297
date of the rule to a date that is not later than one hundred	298
eighty days after the review date assigned to the rule by the	299
agency. The joint committee may further extend a review date that	300
has been extended only if doing so is appropriate under the	301
circumstances.	302

The agency that adopted an existing rule that is exempt from	303
review under this section because of the fourth paragraph in	304
division (C) of section 106.01 of the Revised Code nevertheless	305
shall file a copy of the existing rule with the joint committee.	306
The joint committee, after a hearing on the matter, and by a vote	307
of two-thirds of its members present, may determine that the rule	308
is not entitled to the exemption. Thereafter, the rule is subject	309
to review under this section.	310

Sec. 106.031. If an agency, on the basis of its review of a	311
rule under section 106.03 of the Revised Code, determines that the	312
rule does not need to be amended or rescinded, proceedings shall	313
be had as follows:	314

(A)(1) If, considering only the standard of review specified	315
in division (A)(6) of section 106.03 of the Revised Code, the rule	316
has an adverse impact on businesses that has not been eliminated	317
or reduced, the agency shall prepare a business impact analysis	318
that describes its review of the rule under that division and that	319
explains why the rule is not being amended or rescinded to reduce	320
or eliminate its adverse impact on businesses. If the rule does	321
not have an adverse impact on businesses, the agency may proceed	322
under division (B) of this section.	323

(2) The agency shall transmit a copy of the full text of the	324
rule and the business impact analysis electronically to the common	325
sense initiative office. The office shall make the rule and	326
analysis available to the public on its web site under section	327
107.62 of the Revised Code.	328

(3) The agency shall consider any recommendations made by the	329
office.	330

(4) Not earlier than the sixteenth business day after	331
transmitting the rule and analysis to the office, the agency shall	332
either (a) proceed under division (B) of this section or (b)	333
commence, under division (B)(1) of section 106.03 of the Revised	334
Code, the process of rescinding the rule or of amending the rule	335
to incorporate into the rule features the recommendations suggest	336
will eliminate or reduce the adverse impact the rule has on	337
businesses. If the agency determines to amend or rescind the rule,	338
the agency is not subject to the time limit specified in division	339
(B)(1) of section 106.03 of the Revised Code.	340

(5) If the agency receives recommendations from the office,	341
and determines not to amend or rescind the rule, the agency shall	342
prepare a memorandum of response that explains why the rule is not	343
being rescinded or why the recommendations are not being	344
incorporated into the rule.	345

(B) The agency shall assign a new review date to the rule.	346
The review date assigned shall be not later than five years after	347
the immediately preceding review date pertaining to the rule. If	348
the agency assigns a review date that exceeds the five-year	349
maximum, the review date is five years after the immediately	350
preceding review date.	351

(C)(1) The agency shall file all the following, in electronic	352
form, with the joint committee on agency rule review, the	353
secretary of state, and the director of the legislative service	354
commission: a copy of the rule specifying its new review date, a	355
complete and accurate rule summary and fiscal analysis, and, if	356
relevant, a business impact analysis of the rule, any comments	357
received from the common sense initiative office, and any	358
memorandum of response. An agency may comply with the requirement	359
to file a complete and accurate rule summary and fiscal analysis	360
by filing a previously prepared rule summary and fiscal analysis,	361
so long as the previous rule summary and fiscal analysis was	362
complete and accurate at the time it was prepared, continues to be	363
such a complete and accurate explanation of the rule, and the	364
conditions described in division (B)(4), (5), (6), (8), (9), or	365
(10) of section 127.18 of the Revised Code, as they relate to the	366
rule, have not appreciably changed since the previous rule summary	367
and fiscal analysis was prepared.	368

(2) The joint committee does not have jurisdiction to review,	369
and shall reject, the filing of a rule under division (C)(1) of	370
this section if, at any time while the rule is in its possession,	371
it discovers that the rule has an adverse impact on businesses and	372
the agency has not complied with division (A) of this section. The	373
joint committee shall electronically return a rule that is	374
rejected to the agency, together with any documents that were part	375
of the filing. Such a rejection does not preclude the agency from	376
refiling the rule under division (C)(1) of this section after	377
complying with division (A) of this section. When the filing of a	378
rule is rejected under this division, it is as if the filing had	379
not been made.	380

(D) The joint committee shall publish notice of the agency's	381
determination not to amend or rescind the rule in the register of	382
Ohio for four consecutive weeks after the rule is filed under	383
division (C) of this section.	384

(E) During the ninety-day period after a rule is filed under	385
division (C) of this section, but after the four-week notice	386
period required by division (D) of this section has ended, the	387
joint committee, by a two-thirds vote of members present, may	388
recommend to the senate and house of representatives the enactment	389
of a bill invalidating the rule if the joint committee finds any	390
of the following:	391

(1) The agency improperly applied the standards in division	392
(A) of section 106.03 of the Revised Code in reviewing the rule	393
and in determining that the rule did not need amendment or	394
rescission.	395

(2) The rule has an adverse impact on businesses, and the	396
agency has failed to demonstrate through a business impact	397
analysis, recommendations from the common sense initiative office,	398
and a memorandum of response that the regulatory intent of the	399
rule justifies its adverse impact on businesses.	400

(3) If the rule incorporates a text or other material by	401
reference, the agency failed to file, or to deposit or display,	402
the text or other material incorporated by reference as required	403
by section 121.73 or 121.74 of the Revised Code or the	404
incorporation by reference fails to meet the standards stated in	405
section 121.72, 121.75, or 121.76 of the Revised Code.	406

(4) The agency otherwise failed to comply with section 106.03	407
or 106.031 of the Revised Code.	408

If the joint committee does not recommend enactment of a bill	409
to invalidate the rule, the rule continues in effect without	410
amendment, and shall be next reviewed by the joint committee with	411
reference to the new review date assigned to the rule.	412

Sec. 106.032.  If the joint committee on agency rule review	413
recommends invalidation of an existing rule, operation of the	414
existing rule is suspended. The suspension begins on the day the	415
bill proposing to implement the recommendation is submitted to the	416
clerk of either house of the general assembly. The suspension	417
expires on the earlier of the day that is six months after the day	418
the bill was submitted or the day sine die adjournment of both	419
houses occurs. Upon expiration of the suspension, operation of the	420
existing rule resumes. If, however, during the suspension, or at	421
any time thereafter, an act invalidating the existing rule takes	422
effect, the existing rule is invalid as provided in the act.	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, and briefly shall	432
explain the finding.	433

The chairperson of the joint committee shall request the	434
legislative service commission to prepare a bill to invalidate the	435
proposed or existing rule according to the recommendation.	436

Sec. 106.041. The chairperson of the joint committee on	437
agency rule review, or another member of the joint committee	438
designated by the chairperson, shall submit a bill to invalidate a	439
proposed or existing rule to the clerk of either house of the	440
general assembly. The recommendation of invalidation and a copy of	441
the proposed or existing rule also shall be submitted to the clerk	442
along with the bill.	443

A bill recommended by the joint committee on agency rule	444
review to invalidate a proposed or existing rule shall not be	445
referred to any committee other than the committee having	446
authority to set the calendar of bills for third consideration.	447

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

Sec. 107.54. (A)(1) When the common sense initiative office	453
receives a draft rule and business impact analysis from an agency,	454
the office shall evaluate the draft rule and analysis against the	455
business impact analysis instrument and any other relevant	456
criteria, and may prepare and transmit recommendations to the	457
agency on how the draft rule might be revised to eliminate or	458
reduce any adverse impact the draft rule might have on businesses.	459

(2) When the office receives a rule and business impact	460
analysis from an agency under division (A)(2) of section 106.031	461
of the Revised Code, the office shall evaluate the rule and	462
analysis against the business impact analysis instrument and any	463
other relevant criteria, and may prepare and transmit	464
recommendations to the agency on how the rule might be amended or	465
rescinded to eliminate or reduce any adverse impact the rule has	466
on businesses.	467

(B) The office shall transmit any such recommendations	468
electronically to the agency. If the office fails to make such a	469
transmission after receiving the draft rule and business impact	470
analysis, it is as if the office had elected not to make any	471
recommendations.	472

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

473

(1) "Rule" includes any rule, regulation, bylaw, or standard	474
having a general and uniform operation adopted by an agency under	475
the authority of the laws governing the agency; any appendix to a	476
rule; and any internal management rule. "Rule" does not include	477
any guideline adopted pursuant to section 3301.0714 of the Revised	478
Code, any order respecting the duties of employees, any finding,	479
any determination of a question of law or fact in a matter	480
presented to an agency, or any rule promulgated pursuant to	481
Chapter 119., section 4141.14, division (C)(1) or (2) of section	482
5117.02, or section 5703.14 of the Revised Code. "Rule" includes	483
any amendment or rescission of a rule.	484

(2) "Agency" means any governmental entity of the state and	485
includes, but is not limited to, any board, department, division,	486
commission, bureau, society, council, institution, state college	487
or university, community college district, technical college	488
district, or state community college. "Agency" does not include	489
the general assembly, the controlling board, the adjutant	490
general's department, or any court.	491

(3) "Internal management rule" means any rule, regulation,	492
bylaw, or standard governing the day-to-day staff procedures and	493
operations within an agency.	494

(4) "Substantive revision" has the same meaning as in	495
division (J) of section 119.01 of the Revised Code.	496

(B)(1) Any rule, other than a rule of an emergency nature,	497
adopted by any agency pursuant to this section shall be effective	498
on the tenth day after the day on which the rule in final form and	499
in compliance with division (B)(3) of this section is filed as	500
follows:	501

(a) The rule shall be filed in electronic form with both the	502
secretary of state and the director of the legislative service	503
commission;	504

(b) The rule shall be filed in electronic form with the joint	505
committee on agency rule review. Division (B)(1)(b) of this	506
section does not apply to any rule to which division (D) of this	507
section does not apply.	508

An agency that adopts or amends a rule that is subject to	509
division (D) of this section shall assign a review date to the	510
rule that is not later than five years after its effective date.	511
If no review date is assigned to a rule, or if a review date	512
assigned to a rule exceeds the five-year maximum, the review date	513
for the rule is five years after its effective date. A rule with a	514
review date is subject to review under section 119.032106.03 of	515
the Revised Code. This paragraph does not apply to a rule of a	516
state college or university, community college district, technical	517
college district, or state community college.	518

If all filings are not completed on the same day, the rule	519
shall be effective on the tenth day after the day on which the	520
latest filing is completed. If an agency in adopting a rule	521
designates an effective date that is later than the effective date	522
provided for by division (B)(1) of this section, the rule if filed	523
as required by such division shall become effective on the later	524
date designated by the agency.	525

Any rule that is required to be filed under division (B)(1)	526
of this section is also subject to division (D) of this section if	527
not exempted by that division (D)(1), (2), (3), (4), (5), (6),	528
(7), or (8) of this section.	529

If a rule incorporates a text or other material by reference,	530
the agency shall comply with sections 121.71 to 121.76 of the	531
Revised Code.	532

(2) A rule of an emergency nature necessary for the immediate	533
preservation of the public peace, health, or safety shall state	534
the reasons for the necessity. The emergency rule, in final form	535
and in compliance with division (B)(3) of this section, shall be	536
filed in electronic form with the secretary of state, the director	537
of the legislative service commission, and the joint committee on	538
agency rule review. The emergency rule is effective immediately	539
upon completion of the latest filing, except that if the agency in	540
adopting the emergency rule designates an effective date, or date	541
and time of day, that is later than the effective date and time	542
provided for by division (B)(2) of this section, the emergency	543
rule, if filed as required by such division, shall become	544
effective at the later date, or later date and time of day,	545
designated by the agency.	546

An emergency rule becomes invalid at the end of the ninetieth	547
day it is in effect. Prior to that date, the agency may file the	548
emergency rule as a nonemergency rule in compliance with division	549
(B)(1) of this section. The agency may not refile the emergency	550
rule in compliance with division (B)(2) of this section so that,	551
upon the emergency rule becoming invalid under such division, the	552
emergency rule will continue in effect without interruption for	553
another ninety-day period.	554

(3) An agency shall file a rule under division (B)(1) or (2)	555
of this section in compliance with the following standards and	556
procedures:	557

(a) The rule shall be numbered in accordance with the	558
numbering system devised by the director for the Ohio	559
administrative code.	560

(b) The rule shall be prepared and submitted in compliance	561
with the rules of the legislative service commission.	562

(c) The rule shall clearly state the date on which it is to	563
be effective and the date on which it will expire, if known.	564

(d) Each rule that amends or rescinds another rule shall	565
clearly refer to the rule that is amended or rescinded. Each	566
amendment shall fully restate the rule as amended.	567

If the director of the legislative service commission or the	568
director's designee gives an agency notice pursuant to section	569
103.05 of the Revised Code that a rule filed by the agency is not	570
in compliance with the rules of the legislative service	571
commission, the agency shall within thirty days after receipt of	572
the notice conform the rule to the rules of the commission as	573
directed in the notice.	574

(C) All rules filed pursuant to divisions (B)(1)(a) and (2)	575
of this section shall be recorded by the secretary of state and	576
the director under the title of the agency adopting the rule and	577
shall be numbered according to the numbering system devised by the	578
director. The secretary of state and the director shall preserve	579
the rules in an accessible manner. Each such rule shall be a	580
public record open to public inspection and may be transmitted to	581
any law publishing company that wishes to reproduce it.	582

(D) At least sixty-five days before a board, commission,	583
department, division, or bureau of the government of the state	584
files a rule under division (B)(1) of this section, it shall file	585
the full text of the proposed rule in electronic form with the	586
joint committee on agency rule review, and the proposed rule is	587
subject to legislative review and invalidation under division (I)	588
of section 119.03106.021 of the Revised Code. If a state board,	589
commission, department, division, or bureau makes a substantive	590
revision in a proposed rule after it is filed with the joint	591
committee, the state board, commission, department, division, or	592
bureau shall promptly file the full text of the proposed rule in	593
its revised form in electronic form with the joint committee. The	594
latest version of a proposed rule as filed with the joint	595
committee supersedes each earlier version of the text of the same	596
proposed rule. Except as provided in division (F) of this section,	597
aA state board, commission, department, division, or bureau shall	598
also file the rule summary and fiscal analysis prepared under	599
section 127.18 of the Revised Code in electronic form along with a	600
proposed rule, and along with a proposed rule in revised form,	601
that is filed under this division. If a proposed rule has an	602
adverse impact on businesses, the state board, commission,	603
department, division, or bureau also shall file the business	604
impact analysis, any recommendations received from the common	605
sense initiative office, and the associated memorandum of	606
response, if any, in electronic form along with the proposed rule,	607
or the proposed rule in revised form, that is filed under this	608
division.	609

As used in this division, "commission" includes the public	610
utilities commission when adopting rules under a federal or state	611
statute.	612

This division does not apply to any of the following:

613

(1) A proposed rule of an emergency nature;

614

(2) A rule proposed under section 1121.05, 1121.06, 1155.18,	615
1163.22, 1349.33, 1707.201, 1733.412, 4123.29, 4123.34, 4123.341,	616
4123.342, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised	617
Code;	618

(3) A rule proposed by an agency other than a board,	619
commission, department, division, or bureau of the government of	620
the state;	621

(4) A proposed internal management rule of a board,	622
commission, department, division, or bureau of the government of	623
the state;	624

(5) Any proposed rule that must be adopted verbatim by an	625
agency pursuant to federal law or rule, to become effective within	626
sixty days of adoption, in order to continue the operation of a	627
federally reimbursed program in this state, so long as the	628
proposed rule contains both of the following:	629

(a) A statement that it is proposed for the purpose of	630
complying with a federal law or rule;	631

(b) A citation to the federal law or rule that requires	632
verbatim compliance.	633

(6) An initial rule proposed by the director of health to	634
impose safety standards and quality-of-care standards with respect	635
to a health service specified in section 3702.11 of the Revised	636
Code, or an initial rule proposed by the director to impose	637
quality standards on a facility listed in division (A)(4) of	638
section 3702.30 of the Revised Code, if section 3702.12 of the	639
Revised Code requires that the rule be adopted under this section;	640

(7) A rule of the state lottery commission pertaining to	641
instant game rules.	642

If a rule is exempt from legislative review under division	643
(D)(5) of this section, and if the federal law or rule pursuant to	644
which the rule was adopted expires, is repealed or rescinded, or	645
otherwise terminates, the rule is thereafter subject to	646
legislative review under division (D) of this section.	647

(E) Whenever a state board, commission, department, division,	648
or bureau files a proposed rule or a proposed rule in revised form	649
under division (D) of this section, it shall also file the full	650
text of the same proposed rule or proposed rule in revised form in	651
electronic form with the secretary of state and the director of	652
the legislative service commission. Except as provided in division	653
(F) of this section, aA state board, commission, department,	654
division, or bureau shall file the rule summary and fiscal	655
analysis prepared under section 127.18 of the Revised Code in	656
electronic form along with a proposed rule or proposed rule in	657
revised form that is filed with the secretary of state or the	658
director of the legislative service commission.	659

(F) Except as otherwise provided in this division, the	660
auditor of state or the auditor of state's designee is not	661
required to file a rule summary and fiscal analysis along with a	662
proposed rule, or proposed rule in revised form, that the auditor	663
of state proposes under section 117.12, 117.19, 117.38, or 117.43	664
of the Revised Code and files under division (D) or (E) of this	665
section.	666

Sec. 117.20.  (A) In adopting rules pursuant to Chapter 117.	667
of the Revised Code, the auditor of state or the auditor of	668
state's designee shall do both of the following:	669

(1) Before adopting any such rule, except a rule of an	670
emergency nature, do each of the following:	671

(a) At least thirty-five days before any public hearing on	672
the proposed rule-making action, mail or send by electronic mail	673
notice of the hearing to each public office and to each statewide	674
organization that the auditor of state or designee determines will	675
be affected or represents persons who will be affected by the	676
proposed rule-making action;	677

(b) Mail or send by electronic mail a copy of the proposed	678
rule to any person or organization that requests a copy within	679
five days after receipt of the request;	680

(c) Consult with appropriate state and local government	681
agencies, or with persons representative of their interests,	682
including statewide organizations of local government officials,	683
and consult with accounting professionals and other interested	684
persons;	685

(d) Conduct, on the date and at the time and place designated	686
in the notice, a public hearing at which any person affected by	687
the proposed rule, including statewide organizations of local	688
government officials, may appear and be heard in person, by	689
attorney, or both, and may present the person's or organization's	690
position or contentions orally or in writing.	691

(2) Except as otherwise provided in division (A)(2) of this	692
section, complyComply with divisions (B) to (E) of section 111.15	693
of the Revised Code. The auditor of state is not required to file	694
a rule summary and fiscal analysis along with any copy of a	695
proposed rule, or proposed rule in revised form, that is filed	696
with the joint committee on agency rule review, the secretary of	697
state, or the director of the legislative service commission under	698
division (D) or (E) of section 111.15 of the Revised Code.	699

(B) The auditor of state shall diligently discharge the	700
duties imposed by divisions (A)(1)(a), (b), and (c) of this	701
section, but failure to mail or send by electronic mail any notice	702
or copy of a proposed rule, or to consult with any person or	703
organization, shall not invalidate any rule.	704

(C) Notwithstanding any contrary provision of the Revised	705
Code, the auditor of state may prepare and disseminate, to public	706
offices and other interested persons and organizations, advisory	707
bulletins, directives, and instructions relating to accounting and	708
financial reporting systems, budgeting procedures, fiscal	709
controls, and the constructions by the auditor of state of	710
constitutional and statutory provisions, court decisions, and	711
opinions of the attorney general. The bulletins, directives, and	712
instructions shall be of an advisory nature only.	713

(D) As used in this section, "rule" includes the adoption,	714
amendment, or rescission of a rule.	715

Sec. 119.01.  As used in sections 119.01 to 119.13 of the	716
Revised Code:	717

(A)(1) "Agency" means, except as limited by this division,	718
any official, board, or commission having authority to promulgate	719
rules or make adjudications in the civil service commission, the	720
division of liquor control, the department of taxation, the	721
industrial commission, the bureau of workers' compensation, the	722
functions of any administrative or executive officer, department,	723
division, bureau, board, or commission of the government of the	724
state specifically made subject to sections 119.01 to 119.13 of	725
the Revised Code, and the licensing functions of any	726
administrative or executive officer, department, division, bureau,	727
board, or commission of the government of the state having the	728
authority or responsibility of issuing, suspending, revoking, or	729
canceling licenses.	730

Except as otherwise provided in division (I) of this section,	731
sections 119.01 to 119.13 of the Revised Code do not apply to the	732
public utilities commission. Sections 119.01 to 119.13 of the	733
Revised Code do not apply to the utility radiological safety	734
board; to the controlling board; to actions of the superintendent	735
of financial institutions and the superintendent of insurance in	736
the taking possession of, and rehabilitation or liquidation of,	737
the business and property of banks, savings and loan associations,	738
savings banks, credit unions, insurance companies, associations,	739
reciprocal fraternal benefit societies, and bond investment	740
companies; to any action taken by the division of securities under	741
section 1707.201 of the Revised Code; or to any action that may be	742
taken by the superintendent of financial institutions under	743
section 1113.03, 1121.06, 1121.10, 1125.09, 1125.12, 1125.18,	744
1157.09, 1157.12, 1157.18, 1165.09, 1165.12, 1165.18, 1349.33,	745
1733.35, 1733.361, 1733.37, or 1761.03 of the Revised Code.	746

Sections 119.01 to 119.13 of the Revised Code do not apply to	747
actions of the industrial commission or the bureau of workers'	748
compensation under sections 4123.01 to 4123.94 of the Revised Code	749
with respect to all matters of adjudication, or to the actions of	750
the industrial commission, bureau of workers' compensation board	751
of directors, and bureau of workers' compensation under division	752
(D) of section 4121.32, sections 4123.29, 4123.34, 4123.341,	753
4123.342, 4123.40, 4123.411, 4123.44, 4123.442, 4127.07, divisions	754
(B), (C), and (E) of section 4131.04, and divisions (B), (C), and	755
(E) of section 4131.14 of the Revised Code with respect to all	756
matters concerning the establishment of premium, contribution, and	757
assessment rates.	758

(2) "Agency" also means any official or work unit having	759
authority to promulgate rules or make adjudications in the	760
department of job and family services, but only with respect to	761
both of the following:	762

(a) The adoption, amendment, or rescission of rules that	763
section 5101.09 of the Revised Code requires be adopted in	764
accordance with this chapter;	765

(b) The issuance, suspension, revocation, or cancellation of	766
licenses.	767

(B) "License" means any license, permit, certificate,	768
commission, or charter issued by any agency. "License" does not	769
include any arrangement whereby a person, institution, or entity	770
furnishes medicaid services under a provider agreement with the	771
department of job and family services pursuant to Title XIX of the	772
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	773
amended.	774

(C) "Rule" means any rule, regulation, or standard, having a	775
general and uniform operation, adopted, promulgated, and enforced	776
by any agency under the authority of the laws governing such	777
agency, and includes any appendix to a rule. "Rule" does not	778
include any internal management rule of an agency unless the	779
internal management rule affects private rights and does not	780
include any guideline adopted pursuant to section 3301.0714 of the	781
Revised Code.	782

(D) "Adjudication" means the determination by the highest or	783
ultimate authority of an agency of the rights, duties, privileges,	784
benefits, or legal relationships of a specified person, but does	785
not include the issuance of a license in response to an	786
application with respect to which no question is raised, nor other	787
acts of a ministerial nature.	788

(E) "Hearing" means a public hearing by any agency in	789
compliance with procedural safeguards afforded by sections 119.01	790
to 119.13 of the Revised Code.	791

(F) "Person" means a person, firm, corporation, association,	792
or partnership.	793

(G) "Party" means the person whose interests are the subject	794
of an adjudication by an agency.	795

(H) "Appeal" means the procedure by which a person, aggrieved	796
by a finding, decision, order, or adjudication of any agency,	797
invokes the jurisdiction of a court.	798

(I) "Rule-making agency" means any board, commission,	799
department, division, or bureau of the government of the state	800
that is required to file proposed rules, amendments, or	801
rescissions under division (D) of section 111.15 of the Revised	802
Code and any agency that is required to file proposed rules,	803
amendments, or rescissions under divisions (B) and (H) of section	804
119.03 of the Revised Code. "Rule-making agency" includes the	805
public utilities commission. "Rule-making agency" does not include	806
any state-supported college or university.	807

(J) "Substantive revision" means any addition to, elimination	808
from, or other change in a rule, an amendment of a rule, or a	809
rescission of a rule, whether of a substantive or procedural	810
nature, that changes any of the following:	811

(1) That which the rule, amendment, or rescission permits,	812
authorizes, regulates, requires, prohibits, penalizes, rewards, or	813
otherwise affects;	814

(2) The scope or application of the rule, amendment, or	815
rescission.	816

(K) "Internal management rule" means any rule, regulation, or	817
standard governing the day-to-day staff procedures and operations	818
within an agency.	819

Sec. 119.03.  In the adoption, amendment, or rescission of	820
any rule, an agency shall comply with the following procedure:	821

(A) Reasonable public notice shall be given in the register	822
of Ohio at least thirty days prior to the date set for a hearing,	823
in the form the agency determines. The agency shall file copies of	824
the public notice under division (B) of this section. (The agency	825
gives public notice in the register of Ohio when the public notice	826
is published in the register under that division.)	827

The public notice shall include:

828

(1) A statement of the agency's intention to consider	829
adopting, amending, or rescinding a rule;	830

(2) A synopsis of the proposed rule, amendment, or rule to be	831
rescinded or a general statement of the subject matter to which	832
the proposed rule, amendment, or rescission relates;	833

(3) A statement of the reason or purpose for adopting,	834
amending, or rescinding the rule;	835

(4) The date, time, and place of a hearing on the proposed	836
action, which shall be not earlier than the thirty-first nor later	837
than the fortieth day after the proposed rule, amendment, or	838
rescission is filed under division (B) of this section.	839

In addition to public notice given in the register of Ohio,	840
the agency may give whatever other notice it reasonably considers	841
necessary to ensure notice constructively is given to all persons	842
who are subject to or affected by the proposed rule, amendment, or	843
rescission.	844

The agency shall provide a copy of the public notice required	845
under division (A) of this section to any person who requests it	846
and pays a reasonable fee, not to exceed the cost of copying and	847
mailing.	848

(B) The full text of the proposed rule, amendment, or rule to	849
be rescinded, accompanied by the public notice required under	850
division (A) of this section, shall be filed in electronic form	851
with the secretary of state and with the director of the	852
legislative service commission. (If in compliance with this	853
division an agency files more than one proposed rule, amendment,	854
or rescission at the same time, and has prepared a public notice	855
under division (A) of this section that applies to more than one	856
of the proposed rules, amendments, or rescissions, the agency	857
shall file only one notice with the secretary of state and with	858
the director for all of the proposed rules, amendments, or	859
rescissions to which the notice applies.) The proposed rule,	860
amendment, or rescission and public notice shall be filed as	861
required by this division at least sixty-five days prior to the	862
date on which the agency, in accordance with division (D) of this	863
section, issues an order adopting the proposed rule, amendment, or	864
rescission.	865

If the proposed rule, amendment, or rescission incorporates a	866
text or other material by reference, the agency shall comply with	867
sections 121.71 to 121.76 of the Revised Code.	868

The proposed rule, amendment, or rescission shall be	869
available for at least thirty days prior to the date of the	870
hearing at the office of the agency in printed or other legible	871
form without charge to any person affected by the proposal.	872
Failure to furnish such text to any person requesting it shall not	873
invalidate any action of the agency in connection therewith.	874

If the agency files a substantive revision in the text of the	875
proposed rule, amendment, or rescission under division (H) of this	876
section, it shall also promptly file the full text of the proposed	877
rule, amendment, or rescission in its revised form in electronic	878
form with the secretary of state and with the director of the	879
legislative service commission.	880

The agency shall file the rule summary and fiscal analysis	881
prepared under section 127.18 of the Revised Code in electronic	882
form along with a proposed rule, amendment, or rescission or	883
proposed rule, amendment, or rescission in revised form that is	884
filed with the secretary of state or the director of the	885
legislative service commission.	886

The director of the legislative service commission shall	887
publish in the register of Ohio the full text of the original and	888
each revised version of a proposed rule, amendment, or rescission;	889
the full text of a public notice; and the full text of a rule	890
summary and fiscal analysis that is filed with the director under	891
this division.	892

(C) When an agency files a proposed rule, amendment, or	893
rescission under division (B) of this section, it also shall file	894
in electronic form with the joint committee on agency rule review	895
the full text of the proposed rule, amendment, or rule to be	896
rescinded in the same form and the public notice required under	897
division (A) of this section. (If in compliance with this division	898
an agency files more than one proposed rule, amendment, or	899
rescission at the same time, and has given a public notice under	900
division (A) of this section that applies to more than one of the	901
proposed rules, amendments, or rescissions, the agency shall file	902
only one notice with the joint committee for all of the proposed	903
rules, amendments, or rescissions to which the notice applies.)	904
The proposed rule is subject to legislative review and	905
invalidation under section 106.021 of the Revised Code. If the	906
agency makes a revision in a proposed rule, amendment, or	907
rescission after it is filed with the joint committee, the agency	908
promptly shall file the full text of the proposed rule, amendment,	909
or rescission in its revised form in electronic form with the	910
joint committee. An agency shall file the rule summary and fiscal	911
analysis prepared under section 127.18 of the Revised Code in	912
electronic form along with a proposed rule, amendment, or	913
rescission, and along with a proposed rule, amendment, or	914
rescission in revised form, that is filed under this division. If	915
a proposed rule, amendment, or rescission has an adverse impact on	916
businesses, the agency also shall file the business impact	917
analysis, any recommendations received from the common sense	918
initiative office, and the agency's memorandum of response, if	919
any, in electronic form along with the proposed rule, amendment,	920
or rescission, or along with the proposed rule, amendment, or	921
rescission in revised form, that is filed under this division.	922

This division does not apply to:

923

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

924

(2) A proposed rule, amendment, or rescission that must be	925
adopted verbatim by an agency pursuant to federal law or rule, to	926
become effective within sixty days of adoption, in order to	927
continue the operation of a federally reimbursed program in this	928
state, so long as the proposed rule contains both of the	929
following:	930

(a) A statement that it is proposed for the purpose of	931
complying with a federal law or rule;	932

(b) A citation to the federal law or rule that requires	933
verbatim compliance.	934

If a rule or amendment is exempt from legislative review	935
under division (C)(2) of this section, and if the federal law or	936
rule pursuant to which the rule or amendment was adopted expires,	937
is repealed or rescinded, or otherwise terminates, the rule or	938
amendment, or its rescission, is thereafter subject to legislative	939
review under division (C) of this section.	940

(D) On the date and at the time and place designated in the	941
notice, the agency shall conduct a public hearing at which any	942
person affected by the proposed action of the agency may appear	943
and be heard in person, by the person's attorney, or both, may	944
present the person's position, arguments, or contentions, orally	945
or in writing, offer and examine witnesses, and present evidence	946
tending to show that the proposed rule, amendment, or rescission,	947
if adopted or effectuated, will be unreasonable or unlawful. An	948
agency may permit persons affected by the proposed rule,	949
amendment, or rescission to present their positions, arguments, or	950
contentions in writing, not only at the hearing, but also for a	951
reasonable period before, after, or both before and after the	952
hearing. A person who presents a position or arguments or	953
contentions in writing before or after the hearing is not required	954
to appear at the hearing.	955

At the hearing, the testimony shall be recorded. Such record	956
shall be made at the expense of the agency. The agency is required	957
to transcribe a record that is not sight readable only if a person	958
requests transcription of all or part of the record and agrees to	959
reimburse the agency for the costs of the transcription. An agency	960
may require the person to pay in advance all or part of the cost	961
of the transcription.	962

In any hearing under this section the agency may administer	963
oaths or affirmations.	964

(D)(E) After complying with divisions (A), (B), (C), and	965
(H)(D) of this section, and when the time for legislative review	966
and invalidation under division (I) of this sectionsections	967
106.02, 106.022, and 106.023 of the Revised Code has expired, the	968
agency may issue an order adopting the proposed rule or the	969
proposed amendment or rescission of the rule, consistent with the	970
synopsis or general statement included in the public notice. At	971
that time the agency shall designate the effective date of the	972
rule, amendment, or rescission, which shall not be earlier than	973
the tenth day after the rule, amendment, or rescission has been	974
filed in its final form as provided in section 119.04 of the	975
Revised Code.	976

(E)(F) Prior to the effective date of a rule, amendment, or	977
rescission, the agency shall make a reasonable effort to inform	978
those affected by the rule, amendment, or rescission and to have	979
available for distribution to those requesting it the full text of	980
the rule as adopted or as amended.	981

(F)(G) If the governor, upon the request of an agency,	982
determines that an emergency requires the immediate adoption,	983
amendment, or rescission of a rule, the governor shall issue an	984
order, the text of which shall be filed in electronic form with	985
the agency, the secretary of state, the director of the	986
legislative service commission, and the joint committee on agency	987
rule review, that the procedure prescribed by this section with	988
respect to the adoption, amendment, or rescission of a specified	989
rule is suspended. The agency may then adopt immediately the	990
emergency rule, amendment, or rescission and it becomes effective	991
on the date the rule, amendment, or rescission, in final form and	992
in compliance with division (A)(2) of section 119.04 of the	993
Revised Code, is filed in electronic form with the secretary of	994
state, the director of the legislative service commission, and the	995
joint committee on agency rule review. If all filings are not	996
completed on the same day, the emergency rule, amendment, or	997
rescission shall be effective on the day on which the latest	998
filing is completed. The director shall publish the full text of	999
the emergency rule, amendment, or rescission in the register of	1000
Ohio.	1001

The emergency rule, amendment, or rescission shall become	1002
invalid at the end of the ninetieth day it is in effect. Prior to	1003
that date the agency may adopt the emergency rule, amendment, or	1004
rescission as a nonemergency rule, amendment, or rescission by	1005
complying with the procedure prescribed by this section for the	1006
adoption, amendment, and rescission of nonemergency rules. The	1007
agency shall not use the procedure of this division to readopt the	1008
emergency rule, amendment, or rescission so that, upon the	1009
emergency rule, amendment, or rescission becoming invalid under	1010
this division, the emergency rule, amendment, or rescission will	1011
continue in effect without interruption for another ninety-day	1012
period, except when division (I)(2)(a) of this section 106.02 of	1013
the Revised Code prevents the agency from adopting the emergency	1014
rule, amendment, or rescission as a nonemergency rule, amendment,	1015
or rescission within the ninety-day period.	1016

This division does not apply to the adoption of any emergency	1017
rule, amendment, or rescission by the tax commissioner under	1018
division (C)(2) of section 5117.02 of the Revised Code.	1019

(G)(H) Rules adopted by an authority within the department of	1020
job and family services for the administration or enforcement of	1021
Chapter 4141. of the Revised Code or of the department of taxation	1022
shall be effective without a hearing as provided by this section	1023
if the statutes pertaining to such agency specifically give a	1024
right of appeal to the board of tax appeals or to a higher	1025
authority within the agency or to a court, and also give the	1026
appellant a right to a hearing on such appeal. This division does	1027
not apply to the adoption of any rule, amendment, or rescission by	1028
the tax commissioner under division (C)(1) or (2) of section	1029
5117.02 of the Revised Code, or deny the right to file an action	1030
for declaratory judgment as provided in Chapter 2721. of the	1031
Revised Code from the decision of the board of tax appeals or of	1032
the higher authority within such agency.	1033

(H) When any agency files a proposed rule, amendment, or	1034
rescission under division (B) of this section, it shall also file	1035
in electronic form with the joint committee on agency rule review	1036
the full text of the proposed rule, amendment, or rule to be	1037
rescinded in the same form and the public notice required under	1038
division (A) of this section. (If in compliance with this division	1039
an agency files more than one proposed rule, amendment, or	1040
rescission at the same time, and has given a public notice under	1041
division (A) of this section that applies to more than one of the	1042
proposed rules, amendments, or rescissions, the agency shall file	1043
only one notice with the joint committee for all of the proposed	1044
rules, amendments, or rescissions to which the notice applies.) If	1045
the agency makes a substantive revision in a proposed rule,	1046
amendment, or rescission after it is filed with the joint	1047
committee, the agency shall promptly file the full text of the	1048
proposed rule, amendment, or rescission in its revised form in	1049
electronic form with the joint committee. The latest version of a	1050
proposed rule, amendment, or rescission as filed with the joint	1051
committee supersedes each earlier version of the text of the same	1052
proposed rule, amendment, or rescission. An agency shall file the	1053
rule summary and fiscal analysis prepared under section 127.18 of	1054
the Revised Code in electronic form along with a proposed rule,	1055
amendment, or rescission, and along with a proposed rule,	1056
amendment, or rescission in revised form, that is filed under this	1057
division. If a proposed rule, amendment, or rescission has an	1058
adverse impact on businesses, the agency also shall file the	1059
business impact analysis, any recommendations received from the	1060
common sense initiative office, and the agency's memorandum of	1061
response, if any, in electronic form along with the proposed rule,	1062
amendment, or rescission, or along with the proposed rule,	1063
amendment, or rescission in revised form, that is filed under this	1064
division.	1065

This division does not apply to:

1066

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

1067

(2) Any proposed rule, amendment, or rescission that must be	1068
adopted verbatim by an agency pursuant to federal law or rule, to	1069
become effective within sixty days of adoption, in order to	1070
continue the operation of a federally reimbursed program in this	1071
state, so long as the proposed rule contains both of the	1072
following:	1073

(a) A statement that it is proposed for the purpose of	1074
complying with a federal law or rule;	1075

(b) A citation to the federal law or rule that requires	1076
verbatim compliance.	1077

If a rule or amendment is exempt from legislative review	1078
under division (H)(2) of this section, and if the federal law or	1079
rule pursuant to which the rule or amendment was adopted expires,	1080
is repealed or rescinded, or otherwise terminates, the rule or	1081
amendment, or its rescission, is thereafter subject to legislative	1082
review under division (H) of this section.	1083

(I)(1) The joint committee on agency rule review may	1084
recommend the adoption of a concurrent resolution invalidating a	1085
proposed rule, amendment, rescission, or part thereof if it finds	1086
any of the following:	1087

(a) That the rule-making agency has exceeded the scope of its	1088
statutory authority in proposing the rule, amendment, or	1089
rescission;	1090

(b) That the proposed rule, amendment, or rescission	1091
conflicts with another rule, amendment, or rescission adopted by	1092
the same or a different rule-making agency;	1093

(c) That the proposed rule, amendment, or rescission	1094
conflicts with the legislative intent in enacting the statute	1095
under which the rule-making agency proposed the rule, amendment,	1096
or rescission;	1097

(d) That the rule-making agency has failed to prepare a	1098
complete and accurate rule summary and fiscal analysis of the	1099
proposed rule, amendment, or rescission as required by section	1100
127.18 of the Revised Code;	1101

(e) That the proposed rule, amendment, or rescission	1102
incorporates a text or other material by reference and either the	1103
rule-making agency has failed to file the text or other material	1104
incorporated by reference as required by section 121.73 of the	1105
Revised Code or, in the case of a proposed rule or amendment, the	1106
incorporation by reference fails to meet the standards stated in	1107
section 121.72, 121.75, or 121.76 of the Revised Code;	1108

(f) That the rule-making agency has failed to demonstrate	1109
through the business impact analysis, recommendations from the	1110
common sense initiative office, and the memorandum of response the	1111
agency has filed under division (H) of this section that the	1112
regulatory intent of the proposed rule, amendment, or rescission	1113
justifies its adverse impact on businesses in this state.	1114

The joint committee shall not hold its public hearing on a	1115
proposed rule, amendment, or rescission earlier than the	1116
forty-first day after the original version of the proposed rule,	1117
amendment, or rescission was filed with the joint committee.	1118

The house of representatives and senate may adopt a	1119
concurrent resolution invalidating a proposed rule, amendment,	1120
rescission, or part thereof. The concurrent resolution shall state	1121
which of the specific rules, amendments, rescissions, or parts	1122
thereof are invalidated. A concurrent resolution invalidating a	1123
proposed rule, amendment, or rescission shall be adopted not later	1124
than the sixty-fifth day after the original version of the text of	1125
the proposed rule, amendment, or rescission is filed with the	1126
joint committee, except that if more than thirty-five days after	1127
the original version is filed the rule-making agency either files	1128
a revised version of the text of the proposed rule, amendment, or	1129
rescission, or revises the rule summary and fiscal analysis in	1130
accordance with division (I)(4) of this section, a concurrent	1131
resolution invalidating the proposed rule, amendment, or	1132
rescission shall be adopted not later than the thirtieth day after	1133
the revised version of the proposed rule or rule summary and	1134
fiscal analysis is filed. If, after the joint committee on agency	1135
rule review recommends the adoption of a concurrent resolution	1136
invalidating a proposed rule, amendment, rescission, or part	1137
thereof, the house of representatives or senate does not, within	1138
the time remaining for adoption of the concurrent resolution, hold	1139
five floor sessions at which its journal records a roll call vote	1140
disclosing a sufficient number of members in attendance to pass a	1141
bill, the time within which that house may adopt the concurrent	1142
resolution is extended until it has held five such floor sessions.	1143

Within five days after the adoption of a concurrent	1144
resolution invalidating a proposed rule, amendment, rescission, or	1145
part thereof, the clerk of the senate shall send the rule-making	1146
agency, the secretary of state, and the director of the	1147
legislative service commission in electronic form a certified text	1148
of the resolution together with a certification stating the date	1149
on which the resolution takes effect. The secretary of state and	1150
the director of the legislative service commission shall each note	1151
the invalidity of the proposed rule, amendment, rescission, or	1152
part thereof, and shall each remove the invalid proposed rule,	1153
amendment, rescission, or part thereof from the file of proposed	1154
rules. The rule-making agency shall not proceed to adopt in	1155
accordance with division (D) of this section, or to file in	1156
accordance with division (B)(1) of section 111.15 of the Revised	1157
Code, any version of a proposed rule, amendment, rescission, or	1158
part thereof that has been invalidated by concurrent resolution.	1159

Unless the house of representatives and senate adopt a	1160
concurrent resolution invalidating a proposed rule, amendment,	1161
rescission, or part thereof within the time specified by this	1162
division, the rule-making agency may proceed to adopt in	1163
accordance with division (D) of this section, or to file in	1164
accordance with division (B)(1) of section 111.15 of the Revised	1165
Code, the latest version of the proposed rule, amendment, or	1166
rescission as filed with the joint committee. If by concurrent	1167
resolution certain of the rules, amendments, rescissions, or parts	1168
thereof are specifically invalidated, the rule-making agency may	1169
proceed to adopt, in accordance with division (D) of this section,	1170
or to file in accordance with division (B)(1) of section 111.15 of	1171
the Revised Code, the latest version of the proposed rules,	1172
amendments, rescissions, or parts thereof as filed with the joint	1173
committee that are not specifically invalidated. The rule-making	1174
agency may not revise or amend any proposed rule, amendment,	1175
rescission, or part thereof that has not been invalidated except	1176
as provided in this chapter or in section 111.15 of the Revised	1177
Code.	1178

(2)(a) A proposed rule, amendment, or rescission that is	1179
filed with the joint committee under division (H) of this section	1180
or division (D) of section 111.15 of the Revised Code shall be	1181
carried over for legislative review to the next succeeding regular	1182
session of the general assembly if the original or any revised	1183
version of the proposed rule, amendment, or rescission is filed	1184
with the joint committee on or after the first day of December of	1185
any year.	1186

(b) The latest version of any proposed rule, amendment, or	1187
rescission that is subject to division (I)(2)(a) of this section,	1188
as filed with the joint committee, is subject to legislative	1189
review and invalidation in the next succeeding regular session of	1190
the general assembly in the same manner as if it were the original	1191
version of a proposed rule, amendment, or rescission that had been	1192
filed with the joint committee for the first time on the first day	1193
of the session. A rule-making agency shall not adopt in accordance	1194
with division (D) of this section, or file in accordance with	1195
division (B)(1) of section 111.15 of the Revised Code, any version	1196
of a proposed rule, amendment, or rescission that is subject to	1197
division (I)(2)(a) of this section until the time for legislative	1198
review and invalidation, as contemplated by division (I)(2)(b) of	1199
this section, has expired.	1200

(3) Invalidation of any version of a proposed rule,	1201
amendment, rescission, or part thereof by concurrent resolution	1202
shall prevent the rule-making agency from instituting or	1203
continuing proceedings to adopt any version of the same proposed	1204
rule, amendment, rescission, or part thereof for the duration of	1205
the general assembly that invalidated the proposed rule,	1206
amendment, rescission, or part thereof unless the same general	1207
assembly adopts a concurrent resolution permitting the rule-making	1208
agency to institute or continue such proceedings.	1209

The failure of the general assembly to invalidate a proposed	1210
rule, amendment, rescission, or part thereof under this section	1211
shall not be construed as a ratification of the lawfulness or	1212
reasonableness of the proposed rule, amendment, rescission, or any	1213
part thereof or of the validity of the procedure by which the	1214
proposed rule, amendment, rescission, or any part thereof was	1215
proposed or adopted.	1216

(4) In lieu of recommending a concurrent resolution to	1217
invalidate a proposed rule, amendment, rescission, or part thereof	1218
because the rule-making agency has failed to prepare a complete	1219
and accurate fiscal analysis, the joint committee on agency rule	1220
review may issue, on a one-time basis, for rules, amendments,	1221
rescissions, or parts thereof that have a fiscal effect on school	1222
districts, counties, townships, or municipal corporations, a	1223
finding that the rule summary and fiscal analysis is incomplete or	1224
inaccurate and order the rule-making agency to revise the rule	1225
summary and fiscal analysis and refile it with the proposed rule,	1226
amendment, rescission, or part thereof. If an emergency rule is	1227
filed as a nonemergency rule before the end of the ninetieth day	1228
of the emergency rule's effectiveness, and the joint committee	1229
issues a finding and orders the rule-making agency to refile under	1230
division (I)(4) of this section, the governor may also issue an	1231
order stating that the emergency rule shall remain in effect for	1232
an additional sixty days after the ninetieth day of the emergency	1233
rule's effectiveness. The governor's orders shall be filed in	1234
accordance with division (F) of this section. The joint committee	1235
shall send in electronic form to the rule-making agency, the	1236
secretary of state, and the director of the legislative service	1237
commission a certified text of the finding and order to revise the	1238
rule summary and fiscal analysis, which shall take immediate	1239
effect.	1240

An order issued under division (I)(4) of this section shall	1241
prevent the rule-making agency from instituting or continuing	1242
proceedings to adopt any version of the proposed rule, amendment,	1243
rescission, or part thereof until the rule-making agency revises	1244
the rule summary and fiscal analysis and refiles it in electronic	1245
form with the joint committee along with the proposed rule,	1246
amendment, rescission, or part thereof. If the joint committee	1247
finds the rule summary and fiscal analysis to be complete and	1248
accurate, the joint committee shall issue a new order noting that	1249
the rule-making agency has revised and refiled a complete and	1250
accurate rule summary and fiscal analysis. The joint committee	1251
shall send in electronic form to the rule-making agency, the	1252
secretary of state, and the director of the legislative service	1253
commission a certified text of this new order. The secretary of	1254
state and the director of the legislative service commission shall	1255
each link this order to the proposed rule, amendment, rescission,	1256
or part thereof. The rule-making agency may then proceed to adopt	1257
in accordance with division (D) of this section, or to file in	1258
accordance with division (B)(1) of section 111.15 of the Revised	1259
Code, the proposed rule, amendment, rescission, or part thereof	1260
that was subject to the finding and order under division (I)(4) of	1261
this section. If the joint committee determines that the revised	1262
rule summary and fiscal analysis is still inaccurate or	1263
incomplete, the joint committee shall recommend the adoption of a	1264
concurrent resolution in accordance with division (I)(1) of this	1265
section.	1266

Sec. 119.04.  (A)(1) Any rule adopted by any agency shall be	1267
effective on the tenth day after the day on which the rule in	1268
final form and in compliance with division (A)(2) of this section	1269
is filed as follows:	1270

(a) The rule shall be filed in electronic form with both the	1271
secretary of state and the director of the legislative service	1272
commission;	1273

(b) The rule shall be filed in electronic form with the joint	1274
committee on agency rule review. Division (A)(1)(b) of this	1275
section does not apply to any rule to which division (H)(C) of	1276
section 119.03 of the Revised Code does not apply.	1277

If all filings are not completed on the same day, the rule	1278
shall be effective on the tenth day after the day on which the	1279
latest filing is completed. If an agency in adopting a rule	1280
designates an effective date that is later than the effective date	1281
provided for by this division, the rule if filed as required by	1282
this division shall become effective on the later date designated	1283
by the agency.	1284

An agency that adopts or amends a rule that is subject to	1285
division (H) of section 119.03106.03 of the Revised Code shall	1286
assign a review date to the rule that is not later than five years	1287
after its effective date. If no review date is assigned to a rule,	1288
or if a review date assigned to a rule exceeds the five-year	1289
maximum, the review date for the rule is five years after its	1290
effective date. A rule with a review date is subject to review	1291
under section 119.032106.03 of the Revised Code. This paragraph	1292
does not apply to the department of taxation.	1293

(2) The agency shall file the rule in compliance with the	1294
following standards and procedures:	1295

(a) The rule shall be numbered in accordance with the	1296
numbering system devised by the director for the Ohio	1297
administrative code.	1298

(b) The rule shall be prepared and submitted in compliance	1299
with the rules of the legislative service commission.	1300

(c) The rule shall clearly state the date on which it is to	1301
be effective and the date on which it will expire, if known.	1302

(d) Each rule that amends or rescinds another rule shall	1303
clearly refer to the rule that is amended or rescinded. Each	1304
amendment shall fully restate the rule as amended.	1305

If the director of the legislative service commission or the	1306
director's designee gives an agency notice pursuant to section	1307
103.05 of the Revised Code that a rule filed by the agency is not	1308
in compliance with the rules of the commission, the agency shall	1309
within thirty days after receipt of the notice conform the rule to	1310
the rules of the commission as directed in the notice.	1311

(3) As used in this section, "rule" includes an amendment or	1312
rescission of a rule.	1313

(B) The secretary of state and the director shall preserve	1314
the rules filed under division (A)(1)(a) of this section in an	1315
accessible manner. Each such rule shall be a public record open to	1316
public inspection and may be transmitted to any law publishing	1317
company that wishes to reproduce it.	1318

Any rule that has been adopted in compliance with section	1319
119.03 of the Revised Code and that is in effect before January 1,	1320
1977, may be divided into sections, numbered, provided with a	1321
subject heading, and filed with the secretary of state and the	1322
director to comply with the provisions of this section without	1323
carrying out the adoption procedure required by section 119.03 of	1324
the Revised Code. The codification of existing rules to comply	1325
with this section shall not constitute adoption, amendment, or	1326
rescission.	1327

Sec. 121.39.  (A) As used in this section, "environmental	1328
protection" means any of the following:	1329

(1) Protection of human health or safety, biological	1330
resources, or natural resources by preventing, reducing, or	1331
remediating the pollution or degradation of air, land, or water	1332
resources or by preventing or limiting the exposure of humans,	1333
animals, or plants to pollution;	1334

(2) Appropriation or regulation of privately owned property	1335
to preserve air, land, or water resources in a natural state or to	1336
wholly or partially restore them to a natural state;	1337

(3) Regulation of the collection, management, treatment,	1338
reduction, storage, or disposal of solid, hazardous, radioactive,	1339
or other wastes;	1340

(4) Plans or programs to promote or regulate the	1341
conservation, recycling, or reuse of energy, materials, or wastes.	1342

(B) Except as otherwise provided in division (E) of this	1343
section, when proposed legislation dealing with environmental	1344
protection or containing a component dealing with environmental	1345
protection is referred to a committee of the general assembly,	1346
other than a committee on rules or reference, the sponsor of the	1347
legislation, at the time of the first hearing of the legislation	1348
before the committee, shall submit to the members of the committee	1349
a written statement identifying either the documentation that is	1350
the basis of the legislation or the federal requirement or	1351
requirements with which the legislation is intended to comply. If	1352
the legislation is not based on documentation or has not been	1353
introduced to comply with a federal requirement or requirements,	1354
the written statement from the sponsor shall so indicate.	1355

Also at the time of the first hearing of the legislation	1356
before the committee, a statewide organization that represents	1357
businesses in this state and that elects its board of directors	1358
may submit to the members of the committee a written estimate of	1359
the costs to the regulated community in this state of complying	1360
with the legislation if it is enacted.	1361

At any hearing of the legislation before the committee, a	1362
representative of any state agency, environmental advocacy	1363
organization, or consumer advocacy organization or any private	1364
citizen may present documentation containing an estimate of the	1365
monetary and other costs to public health and safety and the	1366
environment and to consumers and residential utility customers,	1367
and the effects on property values, if the legislation is not	1368
enacted.	1369

(C) Until such time as the statement required under division	1370
(B) of this section is submitted to the committee to which	1371
proposed legislation dealing with environmental protection or	1372
containing a component dealing with environmental protection was	1373
referred, the legislation shall not be reported by that committee.	1374
This requirement does not apply if the component dealing with	1375
environmental protection is removed from the legislation or if	1376
two-thirds of the members of the committee vote in favor of a	1377
motion to report the proposed legislation.	1378

(D) Except as otherwise provided in division (E) of this	1379
section, prior to adopting a rule or an amendment proposed to a	1380
rule dealing with environmental protection or containing a	1381
component dealing with environmental protection, a state agency	1382
shall do all of the following:	1383

(1) Consult with organizations that represent political	1384
subdivisions, environmental interests, business interests, and	1385
other persons affected by the proposed rule or amendment;	1386

(2) Consider documentation relevant to the need for, the	1387
environmental benefits or consequences of, other benefits of, and	1388
the technological feasibility of the proposed rule or amendment;	1389

(3) Specifically identify whether the proposed rule or	1390
amendment is being adopted or amended to enable the state to	1391
obtain or maintain approval to administer and enforce a federal	1392
environmental law or to participate in a federal environmental	1393
program, whether the proposed rule or amendment is more stringent	1394
than its federal counterpart, and, if the proposed rule or	1395
amendment is more stringent, the rationale for not incorporating	1396
its federal counterpart;	1397

(4) Include with the proposed rule or amendment and the rule	1398
summary and fiscal analysis required under section 127.18 of the	1399
Revised Code, when they are filed with the joint committee on	1400
agency rule review in accordance with division (D) of section	1401
111.15 or division (H)(C) of section 119.03 of the Revised Code,	1402
one of the following in electronic form, as applicable:	1403

(a) The information identified under division (D)(3) of this	1404
section and, if the proposed rule or amendment is more stringent	1405
than its federal counterpart, as identified in that division, the	1406
documentation considered under division (D)(2) of this section;	1407

(b) If an amendment proposed to a rule is being adopted or	1408
amended under a state statute that establishes standards with	1409
which the amendment shall comply, and the proposed amendment is	1410
more stringent than the rule that it is proposing to amend, the	1411
documentation considered under division (D)(2) of this section;	1412

(c) If division (D)(4)(a) or (b) of this section is not	1413
applicable, the documentation considered under division (D)(2) of	1414
this section.	1415

If the agency subsequently files a revision of such a	1416
proposed rule or amendment in accordance with division (D) of	1417
section 111.15 or division (H)(C) of section 119.03 of the Revised	1418
Code, the revision shall be accompanied in electronic form by the	1419
applicable information or documentation.	1420

Division (D) of this section does not apply to any emergency	1421
rule adopted under division (B)(2) of section 111.15 or division	1422
(F)(G) of section 119.03 of the Revised Code, but does apply to	1423
any such rule that subsequently is adopted as a nonemergency rule	1424
under either of those divisions.	1425

The information or documentation submitted under division	1426
(D)(4) of this section may be in the form of a summary or index of	1427
available knowledge or information and shall consist of or be	1428
based upon the best available generally accepted knowledge or	1429
information in the appropriate fields, as determined by the agency	1430
that prepared the documentation.	1431

(E) The statement required under division (B) and the	1432
information or documentation required under division (D) of this	1433
section need not be prepared or submitted with regard to a	1434
proposed statute or rule, or an amendment to a rule, if the	1435
statute, rule, or amendment is procedural or budgetary in nature,	1436
or governs the organization or operation of a state agency, and	1437
will not affect the substantive rights or obligations of any	1438
person other than a state agency or an employee or contractor of a	1439
state agency.	1440

(F) The insufficiency, incompleteness, or inadequacy of a	1441
statement, information, documentation, or a summary of information	1442
or documentation provided in accordance with division (B) or (D)	1443
of this section shall not be grounds for invalidation of any	1444
statute, rule, or amendment to a rule.	1445

(G) This section applies only to the following:

1446

(1) Legislation and components of legislation dealing with	1447
environmental protection that are introduced in the general	1448
assembly after March 5, 1996;	1449

(2) Rules and rule amendments dealing with environmental	1450
protection that are filed with the joint committee on agency rule	1451
review in accordance with division (D) of section 111.15 or	1452
division (H)(C) of section 119.03 of the Revised Code after March	1453
5, 1996.	1454

Sec. 121.73.  As used in this section, "rule" has the same	1455
meaning as in section 121.71 of the Revised Code and also includes	1456
the rescission of an existing rule.	1457

(A) When an agency files the original or a revised version of	1458
a rule in proposed form under division (D) of section 111.15 or	1459
division (H)(C) of section 119.03, or a rule for review under	1460
section 119.032106.03 of the Revised Code, that incorporates a	1461
text or other material by reference, the agency also shall file in	1462
electronic form, one complete and accurate copy of the text or	1463
other material incorporated by reference with the joint committee	1464
on agency rule review. An agency is not, however, required to file	1465
a text or other material incorporated by reference with the joint	1466
committee if the agency revises a rule in proposed form that	1467
incorporates a text or other material by reference and the	1468
incorporation by reference in the revised version of the rule is	1469
identical to the incorporation by reference in the preceding	1470
version of the rule.	1471

If it is infeasible for the agency to file a text or other	1472
material incorporated by reference electronically, the agency, as	1473
soon as possible, but not later than three days after completing	1474
the electronic filing, shall deliver one complete and accurate	1475
copy of the text or other material incorporated by reference to	1476
the joint committee, and shall attach a memorandum to the text or	1477
other material identifying the filing to which it relates.	1478

An agency is not required to file a text or other material	1479
incorporated by reference into a rule that is proposed for	1480
rescission if it is infeasible for the agency to do so.	1481

An agency shall not file a copy of a text or other material	1482
incorporated by reference with the secretary of state or with the	1483
director of the legislative service commission.	1484

(B) Upon completing its review of a rule in proposed form, or	1485
its review of a rule, that incorporates a text or other material	1486
by reference, the joint committee shall forward its copy of the	1487
text or other material incorporated by reference to the director	1488
of the legislative service commission. The director shall maintain	1489
a file of texts and other materials that are or were incorporated	1490
by reference into rules.	1491

Sec. 121.74. As used in this section, "rule" has the same	1492
meaning as in section 121.71 of the Revised Code and also includes	1493
the rescission of an existing rule.	1494

When an agency files a rule in final form under division	1495
(B)(1) of section 111.15,or division (A)(1) of section 119.04,	1496
division (B)(1) of section 4141.14, or division (A) of section	1497
5703.14 of the Revised Code that incorporates or incorporated a	1498
text or other material by reference, the agency, prior to the	1499
effective date of the rule, shall either:	1500

(A) Deposit one complete and accurate copy of the text or	1501
other material incorporated by reference in each of the five	1502
depository libraries designated by the state library board; or	1503

(B) Display a complete and accurate copy of the text or other	1504
material incorporated by reference on a web site maintained or	1505
made available by the agency.	1506

An agency is not required to comply with this section if the	1507
text or other material incorporated by reference is identical to a	1508
text or other material the agency, at the time compliance with	1509
this section otherwise would be required, already is depositing or	1510
displaying under this section.	1511

Sec. 121.81. As used in sections 121.81 to 121.83 of the	1512
Revised Code:	1513

(A) "Agency" means a state agency that is required to file	1514
proposed rules for legislative review under division (D) of	1515
section 111.15 or division (H)(C) of section 119.03 of the Revised	1516
Code. "Agency" does not include the offices of governor,	1517
lieutenant governor, auditor of state, secretary of state,	1518
treasurer of state, or attorney general.	1519

(B) "Draft rule" means any newly proposed rule and any	1520
proposed amendment, adoption, or rescission of a rule prior to the	1521
filing of that rule for legislative review under division (D) of	1522
section 111.15 or division (H)(C) of section 119.03 of the Revised	1523
Code and includes a proposed amendment, adoption, or rescission of	1524
a rule in both its original and any revised form. "Draft rule"	1525
does not include an emergency rule adopted under division (B)(2)	1526
of section 111.15 or division (F)(G) of section 119.03 of the	1527
Revised Code, but does include a rule that is proposed to replace	1528
an emergency rule that expires under those divisions.	1529

Sections 121.81 to 121.83 and 121.91 of the Revised Code are	1530
complementary to sections 107.51 to 107.55 and 107.61 to 107.63 of	1531
the Revised Code.	1532

Sec. 121.82.  In the course of developing a draft rule that	1533
is intended to be proposed under division (D) of section 111.15 or	1534
division (H)(C) of section 119.03 of the Revised Code, an agency	1535
shall:	1536

(A) Evaluate the draft rule against the business impact	1537
analysis instrument. If, based on that evaluation, the draft rule	1538
will not have an adverse impact on businesses, the agency may	1539
proceed with the rule-filing process. If the evaluation determines	1540
that the draft rule will have an adverse impact on businesses, the	1541
agency shall incorporate features into the draft rule that will	1542
eliminate or adequately reduce any adverse impact the draft rule	1543
might have on businesses;	1544

(B) Prepare a business impact analysis that describes its	1545
evaluation of the draft rule against the business impact analysis	1546
instrument, that identifies any features that were incorporated	1547
into the draft rule as a result of the evaluation, and that	1548
explains how those features, if there were any, eliminate or	1549
adequately reduce any adverse impact the draft rule might have on	1550
businesses;	1551

(C) Transmit a copy of the full text of the draft rule and	1552
the business impact analysis electronically to the common sense	1553
initiative office, which information shall be made available to	1554
the public on the office's web site in accordance with section	1555
107.62 of the Revised Code;	1556

(D) Consider any recommendations made by the common sense	1557
initiative office with regard to the draft rule, and either	1558
incorporate into the draft rule features the recommendations	1559
suggest will eliminate or reduce any adverse impact the draft rule	1560
might have on businesses or document, in writing, the reasons	1561
those recommendations are not being incorporated into the draft	1562
rule; and	1563

(E) Prepare a memorandum of response identifying features	1564
suggested by any recommendations that were incorporated into the	1565
draft rule and features suggested by any recommendations that were	1566
not incorporated into the draft rule, explaining how the features	1567
that were incorporated into the draft rule eliminate or reduce any	1568
adverse impact the draft rule might have on businesses, and	1569
explaining why the features that were not incorporated into the	1570
draft rule were not incorporated.	1571

An agency may not file a proposed rule for legislative review	1572
under division (D) of section 111.15 or division (H)(C) of section	1573
119.03 of the Revised Code earlier than the sixteenth business day	1574
after electronically transmitting the draft rule to the common	1575
sense initiative office.	1576

Sec. 121.83.  (A) When an agency files a proposed rule for	1577
legislative review under division (D) of section 111.15 of the	1578
Revised Code or division (H) of section 119.03 of the Revised	1579
Code, the agency electronically shall file one copy of the	1580
business impact analysis, any recommendations received from the	1581
common sense initiative office, and the agency's memorandum of	1582
response, if any, along with the proposed rule.	1583

(B)(1) The joint committee on agency rule review does not	1584
have jurisdiction to review, and shall reject, the filing of a	1585
proposed rule if, at any time while the proposed rule is in its	1586
possession, it discovers that the proposed rule might have an	1587
adverse impact on businesses and the agency has not included with	1588
the filing a business impact analysis or has included a business	1589
impact analysis that is inadequately prepared. The joint committee	1590
electronically shall return a filing that is rejected to the	1591
agency. Such a rejection does not preclude the agency from	1592
refiling the proposed rule after complying with section 121.82 of	1593
the Revised Code. When a filing is rejected under this division,	1594
it is as if the filing had not been made.	1595

(2) If the last previously filed version of a proposed rule,	1596
the filing of a later version of which has been rejected by the	1597
joint committee, remains in the possession of the joint committee,	1598
and if the time for legislative review of that previously filed	1599
version has expired, or if fewer than thirty days remain before	1600
the time for legislative review of that previously filed version	1601
expires, then the time for legislative review of that previously	1602
filed version is revived or extended, and recommendation of a bill	1603
to invalidate that previously filed version may be adopted not	1604
later than the sixty-fifth day after the day on which the filing	1605
of the later version of the proposed rule was rejected. This	1606
deadline is subject to extension under section 106.02 of the	1607
Revised Code.	1608

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

1609

(1) "Rule-making agencyAgency" has the same meaning as	1610
defined in division (I) of section 119.01106.01 of the Revised	1611
Code.	1612

(2) "Rule" includes the adoption, amendment, or rescission of	1613
a rule.	1614

(3) "Proposed rule" means the original version of a proposed	1615
rule, and each revised version of the same proposed rule, that is	1616
filed with the joint committee on agency rule review under	1617
division (D) of section 111.15 or division (H)(C) of section	1618
119.03 of the Revised Code.	1619

(B) A rule-makingAn agency shall prepare, in the form	1620
prescribed by the joint committee on agency rule review under	1621
division (E) of this section, a complete and accurate rule summary	1622
and fiscal analysis of each proposed rule that it files under	1623
division (D) of section 111.15 or division (H)(C) of section	1624
119.03 of the Revised Code. The rule summary and fiscal analysis	1625
shall include all of the following information:	1626

(1) The name, address, and telephone number, and electronic	1627
mail address of the rule-making agency, and the name and,	1628
telephone number, and electronic mail address of an individual or	1629
office within the agency designated by that agency to be	1630
responsible for coordinating and making available information in	1631
the possession of the agency regarding the proposed rule;	1632

(2) The Ohio Administrative Code rule number of the proposed	1633
rule;	1634

(3) A brief summary of, and the legal basis for, the proposed	1635
rule, including citations identifying the statute that prescribes	1636
the procedure in accordance with which the rule-making agency is	1637
required to adopt the proposed rule, the statute that authorizes	1638
the agency to adopt the proposed rule, and the statute that the	1639
agency intends to amplify or implement by adopting the proposed	1640
rule;	1641

(4) An estimate, in dollars, of the amount by which the	1642
proposed rule would increase or decrease revenues or expenditures	1643
during the current biennium;	1644

(5) A citation identifying the appropriation that authorizes	1645
each expenditure that would be necessitated by the proposed rule;	1646

(6) A summary of the estimated cost of compliance with the	1647
rule to all directly affected persons;	1648

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

1649

(8) If the rule has a fiscal effect on school districts,	1650
counties, townships, or municipal corporations, an estimate in	1651
dollars of the cost of compliance with the rule, or, if dollar	1652
amounts cannot be determined, a written explanation of why it was	1653
not possible to ascertain dollar amounts;	1654

(9) If the rule has a fiscal effect on school districts,	1655
counties, townships, or municipal corporations and is the result	1656
of a federal requirement, a clear explanation that the proposed	1657
state rule does not exceed the scope and intent of the	1658
requirement, or, if the state rule does exceed the minimum	1659
necessary federal requirement, a justification of the excess cost,	1660
and an estimate of the costs, including those costs for local	1661
governments, exceeding the federal requirement;	1662

(10) If the rule has a fiscal effect on school districts,	1663
counties, townships, or municipal corporations, a comprehensive	1664
cost estimate that includes the procedure and method of	1665
calculating the costs of compliance and identifies major cost	1666
categories including personnel costs, new equipment or other	1667
capital costs, operating costs, and indirect central service costs	1668
related to the rule. The fiscal analysis shall also include a	1669
written explanation of the agency's and the affected local	1670
government's ability to pay for the new requirements and a	1671
statement of any impact the rule will have on economic	1672
development.	1673

(11) If the rule incorporates a text or other material by	1674
reference, and the agency claims the incorporation by reference is	1675
exempt from compliance with sections 121.71 to 121.74 of the	1676
Revised Code because the text or other material is generally	1677
available to persons who reasonably can be expected to be affected	1678
by the rule, an explanation of how the text or other material is	1679
generally available to those persons;	1680

(12) If the rule incorporates a text or other material by	1681
reference, and it was infeasible for the agency to file the text	1682
or other material electronically, an explanation of why filing the	1683
text or other material electronically was infeasible;	1684

(13) If the rule is being rescinded and incorporates a text	1685
or other material by reference, and it was infeasible for the	1686
agency to file the text or other material, an explanation of why	1687
filing the text or other material was infeasible;	1688

(14) Any other information the joint committee on agency rule	1689
review considers necessary to make the proposed rule or the fiscal	1690
effect of the proposed rule fully understandable.	1691

(C) The rule-making agency shall file the rule summary and	1692
fiscal analysis in electronic form along with the proposed rule	1693
that it files under divisionsdivision (D) and (E) of section	1694
111.15 or divisions (B) and (H)(C) of section 119.03 of the	1695
Revised Code. The joint committee on agency rule review shall not	1696
accept any proposed rule for filing unless a copy of the rule	1697
summary and fiscal analysis of the proposed rule, completely and	1698
accurately prepared, is filed along with the proposed rule.	1699

(D) The joint committee on agency rule review shall review	1700
the fiscal effect of each proposed rule that is filed under	1701
division (D) of section 111.15 or division (H)(C) of section	1702
119.03 of the Revised Code.	1703

(E) The joint committee on agency rule review shall prescribe	1704
the form in which each rule-making agency shall prepare its rule	1705
summary and fiscal analysis of a proposed rule.	1706

(F) This section does not require the auditor of state or the	1707
auditor of state's designee to prepare or attach a rule summary	1708
and fiscal analysis to any copy of a rule proposed under section	1709
117.12, 117.19, 117.38, or 117.43 of the Revised Code.	1710

Sec. 1531.08.  In conformity with Section 36 of Article II,	1711
Ohio Constitution, providing for the passage of laws for the	1712
conservation of the natural resources of the state, including	1713
streams, lakes, submerged lands, and swamplands, and in conformity	1714
with this chapter and Chapter 1533. of the Revised Code, the chief	1715
of the division of wildlife has authority and control in all	1716
matters pertaining to the protection, preservation, propagation,	1717
possession, and management of wild animals and may adopt rules	1718
under section 1531.10 of the Revised Code for the management of	1719
wild animals. Notwithstanding division (B) of section 119.03 of	1720
the Revised Code, such rules in proposed form shall be filed under	1721
this section. Each year there shall be a public fish hearing and	1722
public game hearing. The results of the investigation and public	1723
hearing shall be filed in the office of the chief and shall be	1724
kept open for public inspection during all regular office hours.	1725
Modifying or rescinding such rules does not require a public	1726
hearing.	1727

The chief may adopt, amend, rescind, and enforce rules	1728
throughout the state or in any part or waters thereof as provided	1729
by sections 1531.08 to 1531.12 and other sections of the Revised	1730
Code. The rules shall be filed in proposed form and available at	1731
the central wildlife office and at each of the wildlife district	1732
offices, including the Lake Erie unit located at Sandusky, at	1733
least thirty days prior to the date of the hearing required by	1734
division (C)(D) of section 119.03 of the Revised Code. The rules	1735
shall be based upon a public hearing and investigation of the best	1736
available biological information derived from professionally	1737
accepted practices in wildlife and fisheries management.	1738

Each rule adopted under this section shall clearly and	1739
distinctly describe and set forth the waters or area or part	1740
thereof affected by the rule and whether the rule is applicable to	1741
all wild animals or only to certain kinds of species designated	1742
therein.	1743

The chief may regulate any of the following:

1744

(A) Taking and possessing wild animals, at any time and place	1745
or in any number, quantity, or length, and in any manner, and with	1746
such devices as hethe chief prescribes;	1747

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

1748

(C) Buying, selling, offering for sale, or exposing for sale	1749
any such animal or part thereof;	1750

(D) Taking, possessing, transporting, buying, selling,	1751
offering for sale, and exposing for sale commercial fish or any	1752
part thereof, including species taken, length, weight, method of	1753
taking, mesh sizes, specifications of nets and other fishing	1754
devices, seasons, and time and place of taking.	1755

When the chief increases the size of a fish named in section	1756
1533.63 of the Revised Code, any fish that were legally taken,	1757
caught, or possessed prior to the increase may be possessed after	1758
the increase if the possession of the fish has been reported to	1759
the chief prior to the increase, but on or after the date of the	1760
increase the fish may not be sold to a buyer in this state.	1761

Sec. 3319.22.  (A)(1) The state board of education shall	1762
issue the following educator licenses:	1763

(a) A resident educator license, which shall be valid for	1764
four years, except that the state board, on a case-by-case basis,	1765
may extend the license's duration as necessary to enable the	1766
license holder to complete the Ohio teacher residency program	1767
established under section 3319.223 of the Revised Code;	1768

(b) A professional educator license, which shall be valid for	1769
five years and shall be renewable;	1770

(c) A senior professional educator license, which shall be	1771
valid for five years and shall be renewable;	1772

(d) A lead professional educator license, which shall be	1773
valid for five years and shall be renewable.	1774

(2) The state board may issue any additional educator	1775
licenses of categories, types, and levels the board elects to	1776
provide.	1777

(3) The state board shall adopt rules establishing the	1778
standards and requirements for obtaining each educator license	1779
issued under this section.	1780

(B) The rules adopted under this section shall require at	1781
least the following standards and qualifications for the educator	1782
licenses described in division (A)(1) of this section:	1783

(1) An applicant for a resident educator license shall hold	1784
at least a bachelor's degree from an accredited teacher	1785
preparation program or be a participant in the teach for America	1786
program and meet the qualifications required under section	1787
3319.227 of the Revised Code.	1788

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

1789

(a) Hold at least a bachelor's degree from an institution of	1790
higher education accredited by a regional accrediting	1791
organization;	1792

(b) Have successfully completed the Ohio teacher residency	1793
program established under section 3319.223 of the Revised Code, if	1794
the applicant's current or most recently issued license is a	1795
resident educator license issued under this section or an	1796
alternative resident educator license issued under section 3319.26	1797
of the Revised Code.	1798

(3) An applicant for a senior professional educator license	1799
shall:	1800

(a) Hold at least a master's degree from an institution of	1801
higher education accredited by a regional accrediting	1802
organization;	1803

(b) Have previously held a professional educator license	1804
issued under this section or section 3319.222 or under former	1805
section 3319.22 of the Revised Code;	1806

(c) Meet the criteria for the accomplished or distinguished	1807
level of performance, as described in the standards for teachers	1808
adopted by the state board under section 3319.61 of the Revised	1809
Code.	1810

(4) An applicant for a lead professional educator license	1811
shall:	1812

(a) Hold at least a master's degree from an institution of	1813
higher education accredited by a regional accrediting	1814
organization;	1815

(b) Have previously held a professional educator license or a	1816
senior professional educator license issued under this section or	1817
a professional educator license issued under section 3319.222 or	1818
former section 3319.22 of the Revised Code;	1819

(c) Meet the criteria for the distinguished level of	1820
performance, as described in the standards for teachers adopted by	1821
the state board under section 3319.61 of the Revised Code;	1822

(d) Either hold a valid certificate issued by the national	1823
board for professional teaching standards or meet the criteria for	1824
a master teacher or other criteria for a lead teacher adopted by	1825
the educator standards board under division (F)(4) or (5) of	1826
section 3319.61 of the Revised Code.	1827

(C) The state board shall align the standards and	1828
qualifications for obtaining a principal license with the	1829
standards for principals adopted by the state board under section	1830
3319.61 of the Revised Code.	1831

(D) If the state board requires any examinations for educator	1832
licensure, the department of education shall provide the results	1833
of such examinations received by the department to the chancellor	1834
of the Ohio board of regents, in the manner and to the extent	1835
permitted by state and federal law.	1836

(E) Any rules the state board of education adopts, amends, or	1837
rescinds for educator licenses under this section, division (D) of	1838
section 3301.07 of the Revised Code, or any other law shall be	1839
adopted, amended, or rescinded under Chapter 119. of the Revised	1840
Code except as follows:	1841

(1) Notwithstanding division (D)(E) of section 119.03 and	1842
division (A)(1) of section 119.04 of the Revised Code, in the case	1843
of the adoption of any rule or the amendment or rescission of any	1844
rule that necessitates institutions' offering preparation programs	1845
for educators and other school personnel that are approved by the	1846
chancellor of the Ohio board of regents under section 3333.048 of	1847
the Revised Code to revise the curriculum of those programs, the	1848
effective date shall not be as prescribed in division (D)(E) of	1849
section 119.03 and division (A)(1) of section 119.04 of the	1850
Revised Code. Instead, the effective date of such rules, or the	1851
amendment or rescission of such rules, shall be the date	1852
prescribed by section 3333.048 of the Revised Code.	1853

(2) Notwithstanding the authority to adopt, amend, or rescind	1854
emergency rules in division (F)(G) of section 119.03 of the	1855
Revised Code, this authority shall not apply to the state board of	1856
education with regard to rules for educator licenses.	1857

(F)(1) The rules adopted under this section establishing	1858
standards requiring additional coursework for the renewal of any	1859
educator license shall require a school district and a chartered	1860
nonpublic school to establish local professional development	1861
committees. In a nonpublic school, the chief administrative	1862
officer shall establish the committees in any manner acceptable to	1863
such officer. The committees established under this division shall	1864
determine whether coursework that a district or chartered	1865
nonpublic school teacher proposes to complete meets the	1866
requirement of the rules. The department of education shall	1867
provide technical assistance and support to committees as the	1868
committees incorporate the professional development standards	1869
adopted by the state board of education pursuant to section	1870
3319.61 of the Revised Code into their review of coursework that	1871
is appropriate for license renewal. The rules shall establish a	1872
procedure by which a teacher may appeal the decision of a local	1873
professional development committee.	1874

(2) In any school district in which there is no exclusive	1875
representative established under Chapter 4117. of the Revised	1876
Code, the professional development committees shall be established	1877
as described in division (F)(2) of this section.	1878

Not later than the effective date of the rules adopted under	1879
this section, the board of education of each school district shall	1880
establish the structure for one or more local professional	1881
development committees to be operated by such school district. The	1882
committee structure so established by a district board shall	1883
remain in effect unless within thirty days prior to an anniversary	1884
of the date upon which the current committee structure was	1885
established, the board provides notice to all affected district	1886
employees that the committee structure is to be modified.	1887
Professional development committees may have a district-level or	1888
building-level scope of operations, and may be established with	1889
regard to particular grade or age levels for which an educator	1890
license is designated.	1891

Each professional development committee shall consist of at	1892
least three classroom teachers employed by the district, one	1893
principal employed by the district, and one other employee of the	1894
district appointed by the district superintendent. For committees	1895
with a building-level scope, the teacher and principal members	1896
shall be assigned to that building, and the teacher members shall	1897
be elected by majority vote of the classroom teachers assigned to	1898
that building. For committees with a district-level scope, the	1899
teacher members shall be elected by majority vote of the classroom	1900
teachers of the district, and the principal member shall be	1901
elected by a majority vote of the principals of the district,	1902
unless there are two or fewer principals employed by the district,	1903
in which case the one or two principals employed shall serve on	1904
the committee. If a committee has a particular grade or age level	1905
scope, the teacher members shall be licensed to teach such grade	1906
or age levels, and shall be elected by majority vote of the	1907
classroom teachers holding such a license and the principal shall	1908
be elected by all principals serving in buildings where any such	1909
teachers serve. The district superintendent shall appoint a	1910
replacement to fill any vacancy that occurs on a professional	1911
development committee, except in the case of vacancies among the	1912
elected classroom teacher members, which shall be filled by vote	1913
of the remaining members of the committee so selected.	1914

Terms of office on professional development committees shall	1915
be prescribed by the district board establishing the committees.	1916
The conduct of elections for members of professional development	1917
committees shall be prescribed by the district board establishing	1918
the committees. A professional development committee may include	1919
additional members, except that the majority of members on each	1920
such committee shall be classroom teachers employed by the	1921
district. Any member appointed to fill a vacancy occurring prior	1922
to the expiration date of the term for which a predecessor was	1923
appointed shall hold office as a member for the remainder of that	1924
term.	1925

The initial meeting of any professional development	1926
committee, upon election and appointment of all committee members,	1927
shall be called by a member designated by the district	1928
superintendent. At this initial meeting, the committee shall	1929
select a chairperson and such other officers the committee deems	1930
necessary, and shall adopt rules for the conduct of its meetings.	1931
Thereafter, the committee shall meet at the call of the	1932
chairperson or upon the filing of a petition with the district	1933
superintendent signed by a majority of the committee members	1934
calling for the committee to meet.	1935

(3) In the case of a school district in which an exclusive	1936
representative has been established pursuant to Chapter 4117. of	1937
the Revised Code, professional development committees shall be	1938
established in accordance with any collective bargaining agreement	1939
in effect in the district that includes provisions for such	1940
committees.	1941

If the collective bargaining agreement does not specify a	1942
different method for the selection of teacher members of the	1943
committees, the exclusive representative of the district's	1944
teachers shall select the teacher members.	1945

If the collective bargaining agreement does not specify a	1946
different structure for the committees, the board of education of	1947
the school district shall establish the structure, including the	1948
number of committees and the number of teacher and administrative	1949
members on each committee; the specific administrative members to	1950
be part of each committee; whether the scope of the committees	1951
will be district levels, building levels, or by type of grade or	1952
age levels for which educator licenses are designated; the lengths	1953
of terms for members; the manner of filling vacancies on the	1954
committees; and the frequency and time and place of meetings.	1955
However, in all cases, except as provided in division (F)(4) of	1956
this section, there shall be a majority of teacher members of any	1957
professional development committee, there shall be at least five	1958
total members of any professional development committee, and the	1959
exclusive representative shall designate replacement members in	1960
the case of vacancies among teacher members, unless the collective	1961
bargaining agreement specifies a different method of selecting	1962
such replacements.	1963

(4) Whenever an administrator's coursework plan is being	1964
discussed or voted upon, the local professional development	1965
committee shall, at the request of one of its administrative	1966
members, cause a majority of the committee to consist of	1967
administrative members by reducing the number of teacher members	1968
voting on the plan.	1969

(G)(1) The department of education, educational service	1970
centers, county boards of developmental disabilities, regional	1971
professional development centers, special education regional	1972
resource centers, college and university departments of education,	1973
head start programs, the eTech Ohio commission, and the Ohio	1974
education computer network may establish local professional	1975
development committees to determine whether the coursework	1976
proposed by their employees who are licensed or certificated under	1977
this section or section 3319.222 of the Revised Code, or under the	1978
former version of either section as it existed prior to October	1979
16, 2009, meet the requirements of the rules adopted under this	1980
section. They may establish local professional development	1981
committees on their own or in collaboration with a school district	1982
or other agency having authority to establish them.	1983

Local professional development committees established by	1984
county boards of developmental disabilities shall be structured in	1985
a manner comparable to the structures prescribed for school	1986
districts in divisions (F)(2) and (3) of this section, as shall	1987
the committees established by any other entity specified in	1988
division (G)(1) of this section that provides educational services	1989
by employing or contracting for services of classroom teachers	1990
licensed or certificated under this section or section 3319.222 of	1991
the Revised Code, or under the former version of either section as	1992
it existed prior to October 16, 2009. All other entities specified	1993
in division (G)(1) of this section shall structure their	1994
committees in accordance with guidelines which shall be issued by	1995
the state board.	1996

(2) Any public agency that is not specified in division	1997
(G)(1) of this section but provides educational services and	1998
employs or contracts for services of classroom teachers licensed	1999
or certificated under this section or section 3319.222 of the	2000
Revised Code, or under the former version of either section as it	2001
existed prior to October 16, 2009, may establish a local	2002
professional development committee, subject to the approval of the	2003
department of education. The committee shall be structured in	2004
accordance with guidelines issued by the state board.	2005

Sec. 3319.221.  (A) The state board of education shall adopt	2006
rules establishing the standards and requirements for obtaining a	2007
school nurse license and a school nurse wellness coordinator	2008
license. At a minimum, the rules shall require that an applicant	2009
for a school nurse license be licensed as a registered nurse under	2010
Chapter 4723. of the Revised Code.	2011

(B) If the state board requires any examinations for	2012
licensure under this section, the department of education shall	2013
provide the examination results received by the department to the	2014
chancellor of the Ohio board of regents, in the manner and to the	2015
extent permitted by state and federal law.	2016

(C) Any rules for licenses described in this section that the	2017
state board adopts, amends, or rescinds under this section,	2018
division (D) of section 3301.07 of the Revised Code, or any other	2019
law shall be adopted, amended, or rescinded under Chapter 119. of	2020
the Revised Code, except that the authority to adopt, amend, or	2021
rescind emergency rules under division (F)(G) of section 119.03 of	2022
the Revised Code shall not apply to the state board with respect	2023
to rules for licenses described in this section.	2024

(D) Any registered nurse employed by a school district in the	2025
capacity of school nurse on January 1, 1973, or any registered	2026
nurse employed by a city or general health district on January 1,	2027
1973, to serve full-time in the capacity of school nurse in one or	2028
more school districts, shall be considered to have fulfilled the	2029
requirements for the issuance of a school nurse license under this	2030
section.	2031

Sec. 3333.021.  As used in this section, "university" means	2032
any college or university that receives a state appropriation.	2033

(A) This division does not apply to proposed rules,	2034
amendments, or rescissions subject to legislative review under	2035
division (I) of section 119.03106.02 of the Revised Code. No	2036
action taken by the chancellor of the Ohio board of regents that	2037
could reasonably be expected to have an effect on the revenue or	2038
expenditures of any university shall take effect unless at least	2039
two weeks prior to the date on which the action is taken, the	2040
chancellor has filed with the speaker of the house of	2041
representatives, the president of the senate, the legislative	2042
budget office of the legislative service commission, and the	2043
director of budget and management a fiscal analysis of the	2044
proposed action. The analysis shall include an estimate of the	2045
amount by which, during the current and ensuing fiscal biennium,	2046
the action would increase or decrease the university's revenues or	2047
expenditures and increase or decrease any state expenditures and	2048
any other information the chancellor considers necessary to	2049
explain the action's fiscal effect.	2050

(B) Within three days of the date the chancellor files with	2051
the clerk of the senate a proposed rule, amendment, or rescission	2052
that is subject to legislative review and invalidation under	2053
division (I) of section 119.03106.02 of the Revised Code, the	2054
chancellor shall file with the speaker of the house of	2055
representatives, the president of the senate, the legislative	2056
budget office of the legislative service commission, and the	2057
director of budget and management a fiscal analysis of the	2058
proposed rule. The analysis shall include an estimate of the	2059
amount by which, during the current and ensuing fiscal biennium,	2060
the action would increase or decrease any university's revenues or	2061
expenditures and increase or decrease state revenues or	2062
expenditures and any other information the chancellor considers	2063
necessary to explain the fiscal effect of the rule, amendment, or	2064
rescission. No rule, amendment, or rescission shall take effect	2065
unless the chancellor has complied with this division.	2066

Sec. 3333.048.  (A) Not later than one year after the	2067
effective date of this sectionOctober 16, 2009, the chancellor of	2068
the Ohio board of regents and the superintendent of public	2069
instruction jointly shall do the following:	2070

(1) In accordance with Chapter 119. of the Revised Code,	2071
establish metrics and educator preparation programs for the	2072
preparation of educators and other school personnel and the	2073
institutions of higher education that are engaged in their	2074
preparation. The metrics and educator preparation programs shall	2075
be aligned with the standards and qualifications for educator	2076
licenses adopted by the state board of education under section	2077
3319.22 of the Revised Code and the requirements of the Ohio	2078
teacher residency program established under section 3319.223 of	2079
the Revised Code. The metrics and educator preparation programs	2080
also shall ensure that educators and other school personnel are	2081
adequately prepared to use the value-added progress dimension	2082
prescribed by section 3302.021 of the Revised Code.	2083

(2) Provide for the inspection of institutions of higher	2084
education desiring to prepare educators and other school	2085
personnel.	2086

(B) Not later than one year after the effective date of this	2087
sectionOctober 16, 2009, the chancellor shall approve	2088
institutions of higher education engaged in the preparation of	2089
educators and other school personnel that maintain satisfactory	2090
training procedures and records of performance, as determined by	2091
the chancellor.	2092

(C) If the metrics established under division (A)(1) of this	2093
section require an institution of higher education that prepares	2094
teachers to satisfy the standards of an independent accreditation	2095
organization, the chancellor shall permit each institution to	2096
satisfy the standards of either the national council for	2097
accreditation of teacher education or the teacher education	2098
accreditation council.	2099

(D) The metrics and educator preparation programs established	2100
under division (A)(1) of this section may require an institution	2101
of higher education, as a condition of approval by the chancellor,	2102
to make changes in the curricula of its preparation programs for	2103
educators and other school personnel.	2104

Notwithstanding division (D)(E) of section 119.03 and	2105
division (A)(1) of section 119.04 of the Revised Code, any	2106
metrics, educator preparation programs, rules, and regulations, or	2107
any amendment or rescission of such metrics, educator preparation	2108
programs, rules, and regulations, adopted under this section that	2109
necessitate institutions offering preparation programs for	2110
educators and other school personnel approved by the chancellor to	2111
revise the curricula of those programs shall not be effective for	2112
at least one year after the first day of January next succeeding	2113
the publication of the said change.	2114

Each institution shall allocate money from its existing	2115
appropriations to pay the cost of making the curricular changes.	2116

(E) The chancellor shall notify the state board of the	2117
metrics and educator preparation programs established under	2118
division (A)(1) of this section and the institutions of higher	2119
education approved under division (B) of this section. The state	2120
board shall publish the metrics, educator preparation programs,	2121
and approved institutions with the standards and qualifications	2122
for each type of educator license.	2123

(F) The graduates of institutions of higher education	2124
approved by the chancellor shall be licensed by the state board in	2125
accordance with the standards and qualifications adopted under	2126
section 3319.22 of the Revised Code.	2127

Sec. 3737.88.  (A)(1) The fire marshal shall have	2128
responsibility for implementation of the underground storage tank	2129
program and corrective action program for releases of petroleum	2130
from underground storage tanks established by the "Resource	2131
Conservation and Recovery Act of 1976," 90 Stat. 2795, 42 U.S.C.A.	2132
6901, as amended. To implement the programs, the fire marshal may	2133
adopt, amend, and rescind such rules, conduct such inspections,	2134
require annual registration of underground storage tanks, issue	2135
such citations and orders to enforce those rules, enter into	2136
environmental covenants in accordance with sections 5301.80 to	2137
5301.92 of the Revised Code, and perform such other duties, as are	2138
consistent with those programs. The fire marshal, by rule, may	2139
delegate the authority to conduct inspections of underground	2140
storage tanks to certified fire safety inspectors.	2141

(2) In the place of any rules regarding release containment	2142
and release detection for underground storage tanks adopted under	2143
division (A)(1) of this section, the fire marshal, by rule, shall	2144
designate areas as being sensitive for the protection of human	2145
health and the environment and adopt alternative rules regarding	2146
release containment and release detection methods for new and	2147
upgraded underground storage tank systems located in those areas.	2148
In designating such areas, the fire marshal shall take into	2149
consideration such factors as soil conditions, hydrogeology, water	2150
use, and the location of public and private water supplies. Not	2151
later than July 11, 1990, the fire marshal shall file the rules	2152
required under this division with the secretary of state, director	2153
of the legislative service commission, and joint committee on	2154
agency rule review in accordance with divisions (B) and (H)(C) of	2155
section 119.03 of the Revised Code.	2156

(3) Notwithstanding sections 3737.87 to 3737.89 of the	2157
Revised Code, a person who is not a responsible person may conduct	2158
a voluntary action in accordance with Chapter 3746. of the Revised	2159
Code and rules adopted under it for a class C release. The	2160
director of environmental protection, pursuant to section 3746.12	2161
of the Revised Code, may issue a covenant not to sue to any person	2162
who properly completes a voluntary action with respect to a class	2163
C release in accordance with Chapter 3746. of the Revised Code and	2164
rules adopted under it.	2165

(B) Before adopting any rule under this section or section	2166
3737.881 or 3737.882 of the Revised Code, the fire marshal shall	2167
file written notice of the proposed rule with the chairperson of	2168
the state fire council, and, within sixty days after notice is	2169
filed, the council may file responses to or comments on and may	2170
recommend alternative or supplementary rules to the fire marshal.	2171
At the end of the sixty-day period or upon the filing of	2172
responses, comments, or recommendations by the council, the fire	2173
marshal may adopt the rule filed with the council or any	2174
alternative or supplementary rule recommended by the council.	2175

(C) The state fire council may recommend courses of action to	2176
be taken by the fire marshal in carrying out the fire marshal's	2177
duties under this section. The council shall file its	2178
recommendations in the office of the fire marshal, and, within	2179
sixty days after the recommendations are filed, the fire marshal	2180
shall file with the chairperson of the council comments on, and	2181
proposed action in response to, the recommendations.	2182

(D) For the purpose of sections 3737.87 to 3737.89 of the	2183
Revised Code, the fire marshal shall adopt, and may amend and	2184
rescind, rules identifying or listing hazardous substances. The	2185
rules shall be consistent with and equivalent in scope, coverage,	2186
and content to regulations identifying or listing hazardous	2187
substances adopted under the "Comprehensive Environmental	2188
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779,	2189
42 U.S.C.A. 9602, as amended, except that the fire marshal shall	2190
not identify or list as a hazardous substance any hazardous waste	2191
identified or listed in rules adopted under division (A) of	2192
section 3734.12 of the Revised Code.	2193

(E) Except as provided in division (A)(3) of this section,	2194
the fire marshal shall have exclusive jurisdiction to regulate the	2195
storage, treatment, and disposal of petroleum contaminated soil	2196
generated from corrective actions undertaken in response to	2197
releases of petroleum from underground storage tank systems. The	2198
fire marshal may adopt, amend, or rescind such rules as the fire	2199
marshal considers to be necessary or appropriate to regulate the	2200
storage, treatment, or disposal of petroleum contaminated soil so	2201
generated.	2202

(F) The fire marshal shall adopt, amend, and rescind rules	2203
under sections 3737.88 to 3737.882 of the Revised Code in	2204
accordance with Chapter 119. of the Revised Code.	2205

Sec. 3746.04.  Within one year after September 28, 1994, the	2206
director of environmental protection, in accordance with Chapter	2207
119. of the Revised Code and with the advice of the	2208
multidisciplinary council appointed under section 3746.03 of the	2209
Revised Code, shall adopt, and subsequently may amend, suspend, or	2210
rescind, rules that do both of the following:	2211

(A) Revise the rules adopted under Chapters 3704., 3714.,	2212
3734., 6109., and 6111. of the Revised Code to incorporate the	2213
provisions necessary to conform those rules to the requirements of	2214
this chapter. The amended rules adopted under this division also	2215
shall establish response times for all submittals to the	2216
environmental protection agency required under this chapter or	2217
rules adopted under it.	2218

(B) Establish requirements and procedures that are reasonably	2219
necessary for the implementation and administration of this	2220
chapter, including, without limitation, all of the following:	2221

(1) Appropriate generic numerical clean-up standards for the	2222
treatment or removal of soils, sediments, and water media for	2223
hazardous substances and petroleum. The rules shall establish	2224
separate generic numerical clean-up standards based upon the	2225
intended use of properties after the completion of voluntary	2226
actions, including industrial, commercial, and residential uses	2227
and such other categories of land use as the director considers to	2228
be appropriate. The generic numerical clean-up standards	2229
established for each category of land use shall be the	2230
concentration of each contaminant that may be present on a	2231
property that shall ensure protection of public health and safety	2232
and the environment for the reasonable exposure for that category	2233
of land use. When developing the standards, the director shall	2234
consider such factors as all of the following:	2235

(a) Scientific information, including, without limitation,	2236
toxicological information and realistic assumptions regarding	2237
human and environmental exposure to hazardous substances or	2238
petroleum;	2239

(b) Climatic factors;

2240

(c) Human activity patterns;

2241

(d) Current statistical techniques;

2242

(e) For petroleum at industrial property, alternatives to the	2243
use of total petroleum hydrocarbons.	2244

The generic numerical clean-up standards established in the	2245
rules adopted under division (B)(1) of this section shall be	2246
consistent with and equivalent in scope, content, and coverage to	2247
any applicable standard established by federal environmental laws	2248
and regulations adopted under them, including, without limitation,	2249
the "Federal Water Pollution Control Act Amendments of 1972," 86	2250
Stat. 886, 33 U.S.C.A. 1251, as amended; the "Resource	2251
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	2252
6921, as amended; the "Toxic Substances Control Act," 90 Stat.	2253
2003 (1976), 15 U.S.C.A. 2601, as amended; the "Comprehensive	2254
Environmental Response, Compensation, and Liability Act of 1980,"	2255
94 Stat. 2779, 42 U.S.C.A. 9601, as amended; and the "Safe	2256
Drinking Water Act," 88 Stat. 1660 (1974), 42 U.S.C.A. 300f, as	2257
amended.	2258

In order for the rules adopted under division (B)(1) of this	2259
section to require that any such federal environmental standard	2260
apply to a property, the property shall meet the requirements of	2261
the particular federal statute or regulation involved in the	2262
manner specified by the statute or regulation.	2263

The generic numerical clean-up standards for petroleum at	2264
commercial or residential property shall be the standards	2265
established in rules adopted under division (B) of section	2266
3737.882 of the Revised Code.	2267

(2)(a) Procedures for performing property-specific risk	2268
assessments that would be performed at a property to demonstrate	2269
that the remedy evaluated in a risk assessment results in	2270
protection of public health and safety and the environment instead	2271
of complying with the generic numerical clean-up standards	2272
established in the rules adopted under division (B)(1) of this	2273
section. The risk assessment procedures shall describe a	2274
methodology to establish, on a property-specific basis, allowable	2275
levels of contamination to remain at a property to ensure	2276
protection of public health and safety and the environment on the	2277
property and off the property when the contamination is emanating	2278
off the property, taking into account all of the following:	2279

(i) The implementation of treatment, storage, or disposal, or	2280
a combination thereof, of hazardous substances or petroleum;	2281

(ii) The existence of institutional controls or activity and	2282
use limitations that eliminate or mitigate exposure to hazardous	2283
substances or petroleum through the restriction of access to	2284
hazardous substances or petroleum;	2285

(iii) The existence of engineering controls that eliminate or	2286
mitigate exposure to hazardous substances or petroleum through	2287
containment of, control of, or restrictions of access to hazardous	2288
substances or petroleum, including, without limitation, fences,	2289
cap systems, cover systems, and landscaping.	2290

(b) The risk assessment procedures and levels of acceptable	2291
risk set forth in the rules adopted under division (B)(2) of this	2292
section shall be based upon all of the following:	2293

(i) Scientific information, including, without limitation,	2294
toxicological information and actual or proposed human and	2295
environmental exposure;	2296

(ii) Locational and climatic factors;

2297

(iii) Surrounding land use and human activities;

2298

(iv) Differing levels of remediation that may be required	2299
when an existing land use is continued compared to when a	2300
different land use follows the remediation.	2301

(c) Any standards established pursuant to rules adopted under	2302
division (B)(2) of this section shall be no more stringent than	2303
standards established under the environmental statutes of this	2304
state and rules adopted under them for the same contaminant in the	2305
same environmental medium that are in effect at the time the risk	2306
assessment is conducted.	2307

(3) Minimum standards for phase I property assessments. The	2308
standards shall specify the information needed to demonstrate that	2309
there is no reason to believe that contamination exists on a	2310
property. The rules adopted under division (B)(3) of this section,	2311
at a minimum, shall require that a phase I property assessment	2312
include all of the following:	2313

(a) A review and analysis of deeds, mortgages, easements of	2314
record, and similar documents relating to the chain of title to	2315
the property that are publicly available or that are known to and	2316
reasonably available to the owner or operator;	2317

(b) A review and analysis of any previous environmental	2318
assessments, property assessments, environmental studies, or	2319
geologic studies of the property and any land within two thousand	2320
feet of the boundaries of the property that are publicly available	2321
or that are known to and reasonably available to the owner or	2322
operator;	2323

(c) A review of current and past environmental compliance	2324
histories of persons who owned or operated the property;	2325

(d) A review of aerial photographs of the property that	2326
indicate prior uses of the property;	2327

(e) Interviews with managers of activities conducted at the	2328
property who have knowledge of environmental conditions at the	2329
property;	2330

(f) Conducting an inspection of the property consisting of a	2331
walkover;	2332

(g) Identifying the current and past uses of the property,	2333
adjoining tracts of land, and the area surrounding the property,	2334
including, without limitation, interviews with persons who reside	2335
or have resided, or who are or were employed, within the area	2336
surrounding the property regarding the current and past uses of	2337
the property and adjacent tracts of land.	2338

The rules adopted under division (B)(3) of this section shall	2339
establish criteria to determine when a phase II property	2340
assessment shall be conducted when a phase I property assessment	2341
reveals facts that establish a reason to believe that hazardous	2342
substances or petroleum have been treated, stored, managed, or	2343
disposed of on the property if the person undertaking the phase I	2344
property assessment wishes to obtain a covenant not to sue under	2345
section 3746.12 of the Revised Code.	2346

(4) Minimum standards for phase II property assessments. The	2347
standards shall specify the information needed to demonstrate that	2348
any contamination present at the property does not exceed	2349
applicable standards or that the remedial activities conducted at	2350
the property have achieved compliance with applicable standards.	2351
The rules adopted under division (B)(4) of this section, at a	2352
minimum, shall require that a phase II property assessment include	2353
all of the following:	2354

(a) A review and analysis of all documentation prepared in	2355
connection with a phase I property assessment conducted within the	2356
one hundred eighty days before the phase II property assessment	2357
begins. The rules adopted under division (B)(4)(a) of this section	2358
shall require that if a period of more than one hundred eighty	2359
days has passed between the time that the phase I assessment of	2360
the property was completed and the phase II assessment begins, the	2361
phase II assessment shall include a reasonable inquiry into the	2362
change in the environmental condition of the property during the	2363
intervening period.	2364

(b) Quality assurance objectives for measurements taken in	2365
connection with a phase II assessment;	2366

(c) Sampling procedures to ensure the representative sampling	2367
of potentially contaminated environmental media;	2368

(d) Quality assurance and quality control requirements for	2369
samples collected in connection with phase II assessments;	2370

(e) Analytical and data assessment procedures;

2371

(f) Data objectives to ensure that samples collected in	2372
connection with phase II assessments are biased toward areas where	2373
information indicates that contamination by hazardous substances	2374
or petroleum is likely to exist.	2375

(5) Standards governing the conduct of certified	2376
professionals, criteria and procedures for the certification of	2377
professionals to issue no further action letters under section	2378
3746.11 of the Revised Code, and criteria for the suspension and	2379
revocation of those certifications. The director shall take an	2380
action regarding a certification as a final action. The issuance,	2381
denial, renewal, suspension, and revocation of those	2382
certifications are subject to Chapter 3745. of the Revised Code,	2383
except that, in lieu of publishing an action regarding a	2384
certification in a newspaper of general circulation as required in	2385
section 3745.07 of the Revised Code, such an action shall be	2386
published on the environmental protection agency's web site and in	2387
the agency's weekly review not later than fifteen days after the	2388
date of the issuance, denial, renewal, suspension, or revocation	2389
of the certification and not later than thirty days before a	2390
hearing or public meeting concerning the action.	2391

The rules adopted under division (B)(5) of this section shall	2392
do all of the following:	2393

(a) Provide for the certification of environmental	2394
professionals to issue no further action letters pertaining to	2395
investigations and remedies in accordance with the criteria and	2396
procedures set forth in the rules. The rules adopted under	2397
division (B)(5)(a) of this section shall do at least all of the	2398
following:	2399

(i) Authorize the director to consider such factors as an	2400
environmental professional's previous performance record regarding	2401
such investigations and remedies and the environmental	2402
professional's environmental compliance history when determining	2403
whether to certify the environmental professional;	2404

(ii) Ensure that an application for certification is reviewed	2405
in a timely manner;	2406

(iii) Require the director to certify any environmental	2407
professional who the director determines complies with those	2408
criteria;	2409

(iv) Require the director to deny certification for any	2410
environmental professional who does not comply with those	2411
criteria.	2412

(b) Establish an annual fee to be paid by environmental	2413
professionals certified pursuant to the rules adopted under	2414
division (B)(5)(a) of this section. The fee shall be established	2415
at an amount calculated to defray the costs to the agency for the	2416
required reviews of the qualifications of environmental	2417
professionals for certification and for the issuance of the	2418
certifications.	2419

(c) Develop a schedule for and establish requirements	2420
governing the review by the director of the credentials of	2421
environmental professionals who were deemed to be certified	2422
professionals under division (D) of section 3746.07 of the Revised	2423
Code in order to determine if they comply with the criteria	2424
established in rules adopted under division (B)(5) of this	2425
section. The rules adopted under division (B)(5)(c) of this	2426
section shall do at least all of the following:	2427

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

2428

(ii) Require the director to certify any such environmental	2429
professional who the director determines complies with those	2430
criteria;	2431

(iii) Require any such environmental professional initially	2432
to pay the fee established in the rules adopted under division	2433
(B)(5)(b) of this section at the time that the environmental	2434
professional is so certified by the director;	2435

(iv) Establish a time period within which any such	2436
environmental professional who does not comply with those criteria	2437
may obtain the credentials that are necessary for certification;	2438

(v) Require the director to deny certification for any such	2439
environmental professional who does not comply with those criteria	2440
and who fails to obtain the necessary credentials within the	2441
established time period.	2442

(d) Require that any information submitted to the director	2443
for the purposes of the rules adopted under division (B)(5)(a) or	2444
(c) of this section comply with division (A) of section 3746.20 of	2445
the Revised Code;	2446

(e) Authorize the director to suspend or revoke the	2447
certification of an environmental professional if the director	2448
finds that the environmental professional's performance has	2449
resulted in the issuance of no further action letters under	2450
section 3746.11 of the Revised Code that are not consistent with	2451
applicable standards or finds that the certified environmental	2452
professional has not substantially complied with section 3746.31	2453
of the Revised Code;	2454

(f) Authorize the director to suspend for a period of not	2455
more than five years or to permanently revoke a certified	2456
environmental professional's certification for any violation of or	2457
failure to comply with an ethical standard established in rules	2458
adopted under division (B)(5) of this section;	2459

(g) Require the director to revoke the certification of an	2460
environmental professional if the director finds that the	2461
environmental professional falsified any information on the	2462
environmental professional's application for certification	2463
regarding the environmental professional's credentials or	2464
qualifications or any other information generated for the purposes	2465
of or use under this chapter or rules adopted under it;	2466

(h) Require the director permanently to revoke the	2467
certification of an environmental professional who has violated or	2468
is violating division (A) of section 3746.18 of the Revised Code;	2469

(i) Preclude the director from revoking the certification of	2470
an environmental professional who only conducts investigations and	2471
remedies at property contaminated solely with petroleum unless the	2472
director first consults with the director of commerce.	2473

(6) Criteria and procedures for the certification of	2474
laboratories to perform analyses under this chapter and rules	2475
adopted under it. The issuance, denial, suspension, and revocation	2476
of those certifications are subject to Chapter 3745. of the	2477
Revised Code, and the director of environmental protection shall	2478
take any such action regarding a certification as a final action.	2479

The rules adopted under division (B)(6) of this section shall	2480
do all of the following:	2481

(a) Provide for the certification to perform analyses of	2482
laboratories in accordance with the criteria and procedures	2483
established in the rules adopted under division (B)(6)(a) of this	2484
section and establish an annual fee to be paid by those	2485
laboratories. The fee shall be established at an amount calculated	2486
to defray the costs to the agency for the review of the	2487
qualifications of those laboratories for certification and for the	2488
issuance of the certifications. The rules adopted under division	2489
(B)(6)(a) of this section may provide for the certification of	2490
those laboratories to perform only particular types or categories	2491
of analyses, specific test parameters or group of test parameters,	2492
or a specific matrix or matrices under this chapter.	2493

(b) Develop a schedule for and establish requirements	2494
governing the review by the director of the operations of	2495
laboratories that were deemed to be certified laboratories under	2496
division (E) of section 3746.07 of the Revised Code in order to	2497
determine if they comply with the criteria established in rules	2498
adopted under division (B)(6) of this section. The rules adopted	2499
under division (B)(6)(b) of this section shall do at least all of	2500
the following:	2501

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

2502

(ii) Require the director to certify any such laboratory that	2503
the director determines complies with those criteria;	2504

(iii) Require any such laboratory initially to pay the fee	2505
established in the rules adopted under division (B)(6)(a) of this	2506
section at the time that the laboratory is so certified by the	2507
director;	2508

(iv) Establish a time period within which any such laboratory	2509
that does not comply with those criteria may make changes in its	2510
operations necessary for the performance of analyses under this	2511
chapter and rules adopted under it in order to be certified by the	2512
director;	2513

(v) Require the director to deny certification for any such	2514
laboratory that does not comply with those criteria and that fails	2515
to make the necessary changes in its operations within the	2516
established time period.	2517

(c) Require that any information submitted to the director	2518
for the purposes of the rules adopted under division (B)(6)(a) or	2519
(b) of this section comply with division (A) of section 3746.20 of	2520
the Revised Code;	2521

(d) Authorize the director to suspend or revoke the	2522
certification of a laboratory if the director finds that the	2523
laboratory's performance has resulted in the issuance of no	2524
further action letters under section 3746.11 of the Revised Code	2525
that are not consistent with applicable standards;	2526

(e) Authorize the director to suspend or revoke the	2527
certification of a laboratory if the director finds that the	2528
laboratory falsified any information on its application for	2529
certification regarding its credentials or qualifications;	2530

(f) Require the director permanently to revoke the	2531
certification of a laboratory that has violated or is violating	2532
division (A) of section 3746.18 of the Revised Code.	2533

(7) Information to be included in a no further action letter	2534
prepared under section 3746.11 of the Revised Code, including,	2535
without limitation, all of the following:	2536

(a) A summary of the information required to be submitted to	2537
the certified environmental professional preparing the no further	2538
action letter under division (C) of section 3746.10 of the Revised	2539
Code;	2540

(b) Notification that a risk assessment was performed in	2541
accordance with rules adopted under division (B)(2) of this	2542
section if such an assessment was used in lieu of generic	2543
numerical clean-up standards established in rules adopted under	2544
division (B)(1) of this section;	2545

(c) The contaminants addressed at the property, if any, their	2546
source, if known, and their levels prior to remediation;	2547

(d) The identity of any other person who performed work to	2548
support the request for the no further action letter as provided	2549
in division (B)(2) of section 3746.10 of the Revised Code and the	2550
nature and scope of the work performed by that person;	2551

(e) A list of the data, information, records, and documents	2552
relied upon by the certified environmental professional in	2553
preparing the no further action letter.	2554

(8) Methods for determining fees to be paid for the following	2555
services provided by the agency under this chapter and rules	2556
adopted under it:	2557

(a) Site- or property-specific technical assistance in	2558
developing or implementing plans in connection with a voluntary	2559
action;	2560

(b) Reviewing applications for and issuing consolidated	2561
standards permits under section 3746.15 of the Revised Code and	2562
monitoring compliance with those permits;	2563

(c) Negotiating, preparing, and entering into agreements	2564
necessary for the implementation and administration of this	2565
chapter and rules adopted under it;	2566

(d) Reviewing no further action letters, issuing covenants	2567
not to sue, and monitoring compliance with any terms and	2568
conditions of those covenants and with operation and maintenance	2569
agreements entered into pursuant to those covenants, including,	2570
without limitation, conducting audits of properties where	2571
voluntary actions are being or were conducted under this chapter	2572
and rules adopted under it.	2573

The fees established pursuant to the rules adopted under	2574
division (B)(8) of this section shall be at a level sufficient to	2575
defray the direct and indirect costs incurred by the agency for	2576
the administration and enforcement of this chapter and rules	2577
adopted under it other than the provisions regarding the	2578
certification of professionals and laboratories.	2579

(9) Criteria for selecting the no further action letters	2580
issued under section 3746.11 of the Revised Code that will be	2581
audited under section 3746.17 of the Revised Code, and the scope	2582
and procedures for conducting those audits. The rules adopted	2583
under division (B)(9) of this section, at a minimum, shall require	2584
the director to establish priorities for auditing no further	2585
action letters to which any of the following applies:	2586

(a) The letter was prepared by an environmental professional	2587
who was deemed to be a certified professional under division (D)	2588
of section 3746.07 of the Revised Code, but who does not comply	2589
with the criteria established in rules adopted under division	2590
(B)(5) of this section as determined pursuant to rules adopted	2591
under division (B)(5)(d) of this section;	2592

(b) The letter was submitted fraudulently;

2593

(c) The letter was prepared by a certified environmental	2594
professional whose certification subsequently was revoked in	2595
accordance with rules adopted under division (B)(5) of this	2596
section, or analyses were performed for the purposes of the no	2597
further action letter by a certified laboratory whose	2598
certification subsequently was revoked in accordance with rules	2599
adopted under division (B)(6) of this section;	2600

(d) A covenant not to sue that was issued pursuant to the	2601
letter was revoked under this chapter;	2602

(e) The letter was for a voluntary action that was conducted	2603
pursuant to a risk assessment in accordance with rules adopted	2604
under division (B)(2) of this section;	2605

(f) The letter was for a voluntary action that included as	2606
remedial activities engineering controls or institutional controls	2607
or activity and use limitations authorized under section 3746.05	2608
of the Revised Code.	2609

The rules adopted under division (B)(9) of this section shall	2610
provide for random audits of no further action letters to which	2611
the rules adopted under divisions (B)(9)(a) to (f) of this section	2612
do not apply.	2613

(10) A classification system to characterize ground water	2614
according to its capability to be used for human use and its	2615
impact on the environment and a methodology that shall be used to	2616
determine when ground water that has become contaminated from	2617
sources on a property for which a covenant not to sue is requested	2618
under section 3746.11 of the Revised Code shall be remediated to	2619
the standards established in the rules adopted under division	2620
(B)(1) or (2) of this section.	2621

(a) In adopting rules under division (B)(10) of this section	2622
to characterize ground water according to its capability for human	2623
use, the director shall consider all of the following:	2624

(i) The presence of legally enforceable, reliable	2625
restrictions on the use of ground water, including, without	2626
limitation, local rules or ordinances;	2627

(ii) The presence of regional commingled contamination from	2628
multiple sources that diminishes the quality of ground water;	2629

(iii) The natural quality of ground water;

2630

(iv) Regional availability of ground water and reasonable	2631
alternative sources of drinking water;	2632

(v) The productivity of the aquifer;

2633

(vi) The presence of restrictions on the use of ground water	2634
implemented under this chapter and rules adopted under it;	2635

(vii) The existing use of ground water.

2636

(b) In adopting rules under division (B)(10) of this section	2637
to characterize ground water according to its impacts on the	2638
environment, the director shall consider both of the following:	2639

(i) The risks posed to humans, fauna, surface water,	2640
sediments, soil, air, and other resources by the continuing	2641
presence of contaminated ground water;	2642

(ii) The availability and feasibility of technology to remedy	2643
ground water contamination.	2644

(11) Governing the application for and issuance of variances	2645
under section 3746.09 of the Revised Code;	2646

(12)(a) In the case of voluntary actions involving	2647
contaminated ground water, specifying the circumstances under	2648
which the generic numerical clean-up standards established in	2649
rules adopted under division (B)(1) of this section and standards	2650
established through a risk assessment conducted pursuant to rules	2651
adopted under division (B)(2) of this section shall be	2652
inapplicable to the remediation of contaminated ground water and	2653
under which the standards for remediating contaminated ground	2654
water shall be established on a case-by-case basis prior to the	2655
commencement of the voluntary action pursuant to rules adopted	2656
under division (B)(12)(b) of this section;	2657

(b) Criteria and procedures for the case-by-case	2658
establishment of standards for the remediation of contaminated	2659
ground water under circumstances in which the use of the generic	2660
numerical clean-up standards and standards established through a	2661
risk assessment are precluded by the rules adopted under division	2662
(B)(12)(a) of this section. The rules governing the procedures for	2663
the case-by-case development of standards for the remediation of	2664
contaminated ground water shall establish application, public	2665
participation, adjudication, and appeals requirements and	2666
procedures that are equivalent to the requirements and procedures	2667
established in section 3746.09 of the Revised Code and rules	2668
adopted under division (B)(11) of this section, except that the	2669
procedural rules shall not require an applicant to make the	2670
demonstrations set forth in divisions (A)(1) to (3) of section	2671
3746.09 of the Revised Code.	2672

(13) A definition of the evidence that constitutes sufficient	2673
evidence for the purpose of division (A)(5) of section 3746.02 of	2674
the Revised Code.	2675

At least thirty days before filing the proposed rules	2676
required to be adopted under this section with the secretary of	2677
state, director of the legislative service commission, and joint	2678
committee on agency rule review in accordance with divisions (B)	2679
and (H)(C) of section 119.03 of the Revised Code, the director of	2680
environmental protection shall hold at least one public meeting on	2681
the proposed rules in each of the five districts into which the	2682
agency has divided the state for administrative purposes.	2683

Sec. 4117.02.  (A) There is hereby created the state	2684
employment relations board, consisting of three members to be	2685
appointed by the governor with the advice and consent of the	2686
senate. Members shall be knowledgeable about labor relations or	2687
personnel practices. No more than two of the three members shall	2688
belong to the same political party. A member of the state	2689
employment relations board during the member's period of service	2690
shall hold no other public office or public or private employment	2691
and shall allow no other responsibilities to interfere or conflict	2692
with the member's duties as a full-time state employment relations	2693
board member. Of the initial appointments made to the state	2694
employment relations board, one shall be for a term ending October	2695
6, 1984, one shall be for a term ending October 6, 1985, and one	2696
shall be for a term ending October 6, 1986. Thereafter, terms of	2697
office shall be for six years, each term ending on the same day of	2698
the same month of the year as did the term that it succeeds. Each	2699
member shall hold office from the date of the member's appointment	2700
until the end of the term for which the member is appointed. Any	2701
member appointed to fill a vacancy occurring prior to the	2702
expiration of the term for which the member's predecessor was	2703
appointed shall hold office for the remainder of the term. Any	2704
member shall continue in office subsequent to the expiration of	2705
the member's term until the member's successor takes office or	2706
until a period of sixty days has elapsed, whichever occurs first.	2707
The governor may remove any member of the state employment	2708
relations board, upon notice and public hearing, for neglect of	2709
duty or malfeasance in office, but for no other cause.	2710

(B)(1) The governor shall designate one member of the state	2711
employment relations board to serve as chairperson of the state	2712
employment relations board. The chairperson is the head of the	2713
state employment relations board and its chief executive officer.	2714

(2) The chairperson shall exercise all administrative powers	2715
and duties conferred upon the state employment relations board	2716
under this chapter and shall do all of the following:	2717

(a) Employ, promote, supervise, and remove all employees of	2718
the state employment relations board, and establish, change, or	2719
abolish positions and assign or reassign the duties of those	2720
employees as the chairperson determines necessary to achieve the	2721
most efficient performance of the duties of the state employment	2722
relations board under this chapter;	2723

(b) Determine the utilization by the state personnel board of	2724
review of employees of the state employment relations board as	2725
necessary for the state personnel board of review to exercise the	2726
powers and perform the duties of the state personnel board of	2727
review.	2728

(c) Maintain the office of the state employment relations	2729
board in Columbus and manage the office's daily operations,	2730
including securing offices, facilities, equipment, and supplies	2731
necessary to house the state employment relations board, employees	2732
of the state employment relations board, the state personnel board	2733
of review, and files and records under the control of the state	2734
employment relations board and under the control of the state	2735
personnel board of review;	2736

(d) Prepare and submit to the office of budget and management	2737
a budget for each biennium according to section 107.03 of the	2738
Revised Code, and include in the budget the costs of the state	2739
employment relations board and its staff and the costs of the	2740
state employment relations board in discharging any duty imposed	2741
by law upon the state employment relations board, the chairperson,	2742
or any of the employees or agents of the state employment	2743
relations board, and the costs of the state personnel board of	2744
review in discharging any duty imposed by law on the state	2745
personnel board of review or an agent of the state personnel board	2746
of review.	2747

(C) The vacancy on the state employment relations board does	2748
not impair the right of the remaining members to exercise all the	2749
powers of the state employment relations board, and two members of	2750
the state employment relations board, at all times, constitute a	2751
quorum. The state employment relations board shall have an	2752
official seal of which courts shall take judicial notice.	2753

(D) The state employment relations board shall make an annual	2754
report in writing to the governor and to the general assembly,	2755
stating in detail the work it has done.	2756

(E) Compensation of the chairperson and members shall be in	2757
accordance with division (J) of section 124.15 of the Revised	2758
Code. The chairperson and the members are eligible for	2759
reappointment. In addition to such compensation, all members shall	2760
be reimbursed for their necessary expenses incurred in the	2761
performance of their work as members.	2762

(F)(1) The chairperson, after consulting with the other state	2763
employment relations board members and receiving the consent of at	2764
least one other board member, shall appoint an executive director.	2765
The chairperson also shall appoint attorneys and shall appoint an	2766
assistant executive director who shall be an attorney admitted to	2767
practice law in this state and who shall serve as a liaison to the	2768
attorney general on legal matters before the state employment	2769
relations board.	2770

(2) The state employment relations board shall appoint	2771
members of fact-finding panels and shall prescribe their job	2772
duties.	2773

(G)(1) The executive director shall serve at the pleasure of	2774
the chairperson. The executive director, under the direction of	2775
the chairperson, shall do all of the following:	2776

(a) Act as chief administrative officer for the state	2777
employment relations board;	2778

(b) Ensure that all employees of the state employment	2779
relations board comply with the rules of the state employment	2780
relations board;	2781

(c) Do all things necessary for the efficient and effective	2782
implementation of the duties of the state employment relations	2783
board.	2784

(2) The duties of the executive director described in	2785
division (G)(1) of this section do not relieve the chairperson	2786
from final responsibility for the proper performance of the duties	2787
described in that division.	2788

(H) The attorney general shall be the legal adviser of the	2789
state employment relations board and shall appear for and	2790
represent the state employment relations board and its agents in	2791
all legal proceedings. The state employment relations board may	2792
utilize regional, local, or other agencies, and utilize voluntary	2793
and uncompensated services as needed. The state employment	2794
relations board may contract with the federal mediation and	2795
conciliation service for the assistance of mediators, arbitrators,	2796
and other personnel the service makes available. The chairperson	2797
shall appoint all employees on the basis of training, practical	2798
experience, education, and character, notwithstanding the	2799
requirements established by section 119.09 of the Revised Code.	2800
The chairperson shall give special regard to the practical	2801
training and experience that employees have for the particular	2802
position involved. The executive director, assistant executive	2803
director, administrative law judges, employees holding a fiduciary	2804
or administrative relation to the state employment relations board	2805
as described in division (A)(9) of section 124.11 of the Revised	2806
Code, and the personal secretaries and assistants of the state	2807
employment relations board members are in the unclassified	2808
service. All other full-time employees of the state employment	2809
relations board are in the classified service. All employees of	2810
the state employment relations board shall be paid in accordance	2811
with Chapter 124. of the Revised Code.	2812

(I) The chairperson shall select and assign administrative	2813
law judges and other agents whose functions are to conduct	2814
hearings with due regard to their impartiality, judicial	2815
temperament, and knowledge. If in any proceeding under this	2816
chapter, any party prior to five days before the hearing thereto	2817
files with the state employment relations board a sworn statement	2818
charging that the administrative law judge or other agent	2819
designated to conduct the hearing is biased or partial in the	2820
proceeding, the state employment relations board may disqualify	2821
the person and designate another administrative law judge or agent	2822
to conduct the proceeding. At least ten days before any hearing,	2823
the state employment relations board shall notify all parties to a	2824
proceeding of the name of the administrative law judge or agent	2825
designated to conduct the hearing.	2826

(J) The principal office of the state employment relations	2827
board is in Columbus, but it may meet and exercise any or all of	2828
its powers at any other place within the state. The state	2829
employment relations board may, by one or more of its employees,	2830
or any agents or agencies it designates, conduct in any part of	2831
this state any proceeding, hearing, investigation, inquiry, or	2832
election necessary to the performance of its functions; provided,	2833
that no person so designated may later sit in determination of an	2834
appeal of the decision of that cause or matter.	2835

(K) In addition to the powers and functions provided in other	2836
sections of this chapter, the state employment relations board	2837
shall do all of the following:	2838

(1) Create a bureau of mediation within the state employment	2839
relations board, to perform the functions provided in section	2840
4117.14 of the Revised Code. This bureau shall also establish,	2841
after consulting representatives of employee organizations and	2842
public employers, panels of qualified persons to be available to	2843
serve as members of fact-finding panels and arbitrators.	2844

(2) Conduct studies of problems involved in representation	2845
and negotiation and make recommendations for legislation;	2846

(3) Hold hearings pursuant to this chapter and, for the	2847
purpose of the hearings and inquiries, administer oaths and	2848
affirmations, examine witnesses and documents, take testimony and	2849
receive evidence, compel the attendance of witnesses and the	2850
production of documents by the issuance of subpoenas, and delegate	2851
these powers to any members of the state employment relations	2852
board or any administrative law judge employed by the state	2853
employment relations board for the performance of its functions;	2854

(4) Train representatives of employee organizations and	2855
public employers in the rules and techniques of collective	2856
bargaining procedures;	2857

(5) Make studies and analyses of, and act as a clearinghouse	2858
of information relating to, conditions of employment of public	2859
employees throughout the state and request assistance, services,	2860
and data from any public employee organization, public employer,	2861
or governmental unit. Public employee organizations, public	2862
employers, and governmental units shall provide such assistance,	2863
services, and data as will enable the state employment relations	2864
board to carry out its functions and powers.	2865

(6) Make available to employee organizations, public	2866
employers, mediators, fact-finding panels, arbitrators, and joint	2867
study committees statistical data relating to wages, benefits, and	2868
employment practices in public and private employment applicable	2869
to various localities and occupations to assist them to resolve	2870
issues in negotiations;	2871

(7) Notwithstanding section 119.13 of the Revised Code,	2872
establish standards of persons who practice before it;	2873

(8) Adopt, amend, and rescind rules and procedures and	2874
exercise other powers appropriate to carry out this chapter.	2875
Before the adoption, amendment, or rescission of rules and	2876
procedures under this section, the state employment relations	2877
board shall do all of the following:	2878

(a) Maintain a list of interested public employers and	2879
employee organizations and mail notice to such groups of any	2880
proposed rule or procedure, amendment thereto, or rescission	2881
thereof at least thirty days before any public hearing thereon;	2882

(b) Mail a copy of each proposed rule or procedure, amendment	2883
thereto, or rescission thereof to any person who requests a copy	2884
within five days after receipt of the request therefor;	2885

(c) Consult with appropriate statewide organizations	2886
representing public employers or employees who would be affected	2887
by the proposed rule or procedure.	2888

Although the state employment relations board is expected to	2889
discharge these duties diligently, failure to mail any notice or	2890
copy, or to so consult with any person, is not jurisdictional and	2891
shall not be construed to invalidate any proceeding or action of	2892
the state employment relations board.	2893

(L) In case of neglect or refusal to obey a subpoena issued	2894
to any person, the court of common pleas of the county in which	2895
the investigation or the public hearing occurs, upon application	2896
by the state employment relations board, may issue an order	2897
requiring the person to appear before the state employment	2898
relations board and give testimony about the matter under	2899
investigation. The court may punish a failure to obey the order as	2900
contempt.	2901

(M) Any subpoena, notice of hearing, or other process or	2902
notice of the state employment relations board issued under this	2903
section may be served personally, by certified mail, or by leaving	2904
a copy at the principal office or personal residence of the	2905
respondent required to be served. A return, made and verified by	2906
the individual making the service and setting forth the manner of	2907
service, is proof of service, and a return post office receipt,	2908
when certified mail is used, is proof of service. All process in	2909
any court to which application is made under this chapter may be	2910
served in the county wherein the persons required to be served	2911
reside or are found.	2912

(N) All expenses of the state employment relations board,	2913
including all necessary traveling and subsistence expenses	2914
incurred by the members or employees of the state employment	2915
relations board under its orders, shall be paid pursuant to	2916
itemized vouchers approved by the chairperson of the state	2917
employment relations board, the executive director, or both, or	2918
such other person as the chairperson designates for that purpose.	2919

(O) Whenever the state employment relations board determines	2920
that a substantial controversy exists with respect to the	2921
application or interpretation of this chapter and the matter is of	2922
public or great general interest, the state employment relations	2923
board shall certify its final order directly to the court of	2924
appeals having jurisdiction over the area in which the principal	2925
office of the public employer directly affected by the application	2926
or interpretation is located. The chairperson shall file with the	2927
clerk of the court a certified copy of the transcript of the	2928
proceedings before the state employment relations board pertaining	2929
to the final order. If upon hearing and consideration the court	2930
decides that the final order of the state employment relations	2931
board is unlawful or is not supported by substantial evidence on	2932
the record as a whole, the court shall reverse and vacate the	2933
final order or modify it and enter final judgment in accordance	2934
with the modification; otherwise, the court shall affirm the final	2935
order. The notice of the final order of the state employment	2936
relations board to the interested parties shall contain a	2937
certification by the chairperson of the state employment relations	2938
board that the final order is of public or great general interest	2939
and that a certified transcript of the record of the proceedings	2940
before the state employment relations board had been filed with	2941
the clerk of the court as an appeal to the court. For the purposes	2942
of this division, the state employment relations board has	2943
standing to bring its final order properly before the court of	2944
appeals.	2945

(P) Except as otherwise specifically provided in this	2946
section, the state employment relations board is subject to	2947
Chapter 119. of the Revised Code, including the procedure for	2948
submission of proposed rules to the general assembly for	2949
legislative review under division (H)(C) of section 119.03 of the	2950
Revised Code.	2951

Sec. 4141.14. (A) All rules of the director of the	2952
department of job and family services adopted pursuant to this	2953
chapter shall be approved by the unemployment compensation review	2954
commission before the rules become effective. All such rules shall	2955
specify on their face their effective date and the date on which	2956
they will expire, if known. Approval by the unemployment	2957
compensation review commission shall also be required before	2958
amendments to, or rescission of, any rules of the director adopted	2959
pursuant to this chapter become effective. If the commission	2960
disapproves a rule of the director, it shall determine and	2961
promulgate a rule that it considers appropriate after affording a	2962
hearing to the director.	2963

(B)(1) Any rule promulgated pursuant to this section shall be	2964
effective on the tenth day after the day on which the rule in	2965
final form and in compliance with division (B)(2) of this section	2966
is filed as follows:	2967

(a) The rule shall be filed in electronic form with both the	2968
secretary of state and the director of the legislative service	2969
commission;	2970

(b) The rule shall be filed in electronic form with the joint	2971
committee on agency rule review. Division (B)(1)(b) of this	2972
section does not apply to any rule to which division (H) of	2973
section 119.03 of the Revised Code does not apply.	2974

If all filings are not completed on the same day, the rule	2975
shall be effective on the tenth day after the day on which the	2976
latest filing is completed. If the department of job and family	2977
services or the unemployment compensation review commission in	2978
adopting a rule pursuant to this chapter designates an effective	2979
date that is later than the effective date provided for by this	2980
division, the rule if filed as required by this division shall	2981
become effective on the later date designated by the department or	2982
commission.	2983

If the commission or department adopts or amends a rule that	2984
is subject to division (H) of section 119.03 of the Revised Code,	2985
the commission or department shall assign a review date to the	2986
rule that is not later than five years after its effective date.	2987
If no review date is assigned to a rule, or if a review date	2988
assigned to a rule exceeds the five-year maximum, the review date	2989
for the rule is five years after its effective date. A rule with a	2990
review date is subject to review under section 119.032 of the	2991
Revised Code.	2992

(2) The department and commission shall file the rule in	2993
compliance with the following standards and procedures:	2994

(a) The rule shall be numbered in accordance with the	2995
numbering system devised by the director for the Ohio	2996
administrative code.	2997

(b) The rule shall be prepared and submitted in compliance	2998
with the rules of the legislative service commission.	2999

(c) The rule shall clearly state the date on which it is to	3000
be effective and the date on which it will expire, if known.	3001

(d) Each rule that amends or rescinds another rule shall	3002
clearly refer to the rule that is amended or rescinded. Each	3003
amendment shall fully restate the rule as amended.	3004

If the director of the legislative service commission or the	3005
director's designee gives the department of job and family	3006
services or the unemployment compensation review commission notice	3007
pursuant to section 103.05 of the Revised Code that a rule filed	3008
by the department or review commission is not in compliance with	3009
the rules of the legislative service commission, the department or	3010
review commission shall within thirty days after receipt of the	3011
notice conform the rule to the rules of the commission as directed	3012
in the notice.	3013

The secretary of state and the director of the legislative	3014
service commission shall preserve the rules filed under division	3015
(B)(1)(a) of this section in an accessible manner. Each such rule	3016
shall be a public record open to public inspection and may be	3017
transmitted to any law publishing company that wishes to reproduce	3018
it.	3019

(C) As used in this section:

3020

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

3021

(2) "Substantive revision" has the same meaning as in	3022
division (J) of section 119.01 of the Revised Code.	3023

Sec. 5103.0325.  Notwithstanding division (B) of section	3024
119.032106.03 of the Revised Code, the department of job and	3025
family services shall review once every two years the department's	3026
rules governing visits and contacts by a public children services	3027
agency or private child placing agency with a child in the	3028
agency's custody and placed in foster care in this state. The	3029
department shall adopt rules in accordance with Chapter 119. of	3030
the Revised Code to ensure compliance with the department's rules	3031
governing agency visits and contacts with a child in its custody.	3032

Sec. 5117.02.  (A) The director of development shall adopt	3033
rules, or amendments and rescissions of rules, pursuant to section	3034
4928.52 of the Revised Code, for the administration of the Ohio	3035
energy credit program under sections 5117.01 to 5117.12 of the	3036
Revised Code.	3037

(B) As a means of efficiently administering the program, the	3038
director may extend, by as much as a total of thirty days, any	3039
date specified in such sections for the performance of a	3040
particular action by an individual or an officer.	3041

(C)(1) Except as provided in division (C)(2) of this section,	3042
the director shall adopt, in accordance with divisions (A), (B),	3043
(C), (D), (E), and (H)(F) of section 119.03 and section 119.04 of	3044
the Revised Code, whatever rules, or amendments or rescissions of	3045
rules are required by or are otherwise necessary to implement	3046
sections 5117.01 to 5117.12 of the Revised Code. A rule,	3047
amendment, or rescission adopted under this division is not exempt	3048
from the hearing requirements of section 119.03 of the Revised	3049
Code pursuant to division (G)(H) of that section, or subject to	3050
section 111.15 of the Revised Code.	3051

(2) If an emergency necessitates the immediate adoption of a	3052
rule, or the immediate adoption of an amendment or rescission of a	3053
rule that is required by or otherwise necessary to implement	3054
sections 5117.01 to 5117.12 of the Revised Code, the director	3055
immediately may adopt the emergency rule, amendment, or rescission	3056
without complying with division (A), (B), (C), (D), (E), or (H)(F)	3057
of section 119.03 of the Revised Code so long as the commissioner	3058
director states the reasons for the necessity in the emergency	3059
rule, amendment, or rescission. The emergency rule, amendment, or	3060
rescission is effective on the day the emergency rule, amendment,	3061
or rescission, in final form and in compliance with division	3062
(A)(2) of section 119.04 of the Revised Code, is filed in	3063
electronic form with the secretary of state, the director of the	3064
legislative service commission, and the joint committee on agency	3065
rule review. If all filings are not completed on the same day, the	3066
emergency rule, amendment, or rescission is effective on the day	3067
on which the latest filing is completed. An emergency rule,	3068
amendment, or rescission adopted under this division is not	3069
subject to section 111.15 or division (F)(G) of section 119.03 of	3070
the Revised Code. An emergency rule, amendment, or rescission	3071
adopted under this division continues in effect until amended or	3072
rescinded by the director in accordance with division (C)(1) or	3073
(2) of this section, except that the rescission of an emergency	3074
rescission does not revive the rule rescinded.	3075

(D) Except where otherwise provided, each form, application,	3076
notice, and the like used in fulfilling the requirements of	3077
sections 5117.01 to 5117.12 of the Revised Code shall be approved	3078
by the director.	3079

Sec. 5703.14. (A) Any rule adopted by the board of tax	3080
appeals and any rule of the department of taxation adopted by the	3081
tax commissioner shall be effective on the tenth day after the day	3082
on which the rule in final form and in compliance with division	3083
(B) of this section is filed by the board or the commissioner as	3084
follows:	3085

(1) The rule shall be filed in electronic form with both the	3086
secretary of state and the director of the legislative service	3087
commission;	3088

(2) The rule shall be filed in electronic form with the joint	3089
committee on agency rule review. Division (A)(2) of this section	3090
does not apply to any rule to which division (H) of section 119.03	3091
of the Revised Code does not apply.	3092

If all filings are not completed on the same day, the rule	3093
shall be effective on the tenth day after the day on which the	3094
latest filing is completed. If the board or the commissioner in	3095
adopting a rule designates an effective date that is later than	3096
the effective date provided for by this division, the rule if	3097
filed as required by this division shall become effective on the	3098
later date designated by the board or commissioner.	3099

(B) The board and commissioner shall file the rule in	3100
compliance with the following standards and procedures:	3101

(1) The rule shall be numbered in accordance with the	3102
numbering system devised by the director for the Ohio	3103
administrative code.	3104

(2) The rule shall be prepared and submitted in compliance	3105
with the rules of the legislative service commission.	3106

(3) The rule shall clearly state the date on which it is to	3107
be effective and the date on which it will expire, if known.	3108

(4) Each rule that amends or rescinds another rule shall	3109
clearly refer to the rule that is amended or rescinded. Each	3110
amendment shall fully restate the rule as amended.	3111

If the director of the legislative service commission or the	3112
director's designee gives the board or commissioner notice	3113
pursuant to section 103.05 of the Revised Code that a rule filed	3114
by the board or commissioner is not in compliance with the rules	3115
of the legislative service commission, the board or commissioner	3116
shall within thirty days after receipt of the notice conform the	3117
rule to the rules of the legislative service commission as	3118
directed in the notice.	3119

All rules of the department and board filed pursuant to	3120
division (A)(1) of this section shall be recorded by the secretary	3121
of state and the director under the name of the department or	3122
board and shall be numbered in accordance with the numbering	3123
system devised by the director. The secretary of state and the	3124
director shall preserve the rules in an accessible manner. Each	3125
such rule shall be a public record open to public inspection and	3126
may be transmitted to any law publishing company that wishes to	3127
reproduce it. Each such rule shall also be made available to	3128
interested parties upon request directed to the department.	3129

(C) Applications for review of any rule adopted and	3130
promulgated by the tax commissioner may be filed with the board of	3131
tax appeals by any person who has been or may be injured by the	3132
operation of the rule. The appeal may be taken at any time after	3133
the rule is filed with the secretary of the state, the director of	3134
the legislative service commission, and, if applicable, the joint	3135
committee on agency rule review. Failure to file an appeal does	3136
not preclude any person from seeking any other remedy against the	3137
application of the rule to the person. The applications shall set	3138
forth, or have attached thereto and incorporated by reference, a	3139
true copy of the rule, and shall allege that the rule complained	3140
of is unreasonable and shall state the grounds upon which the	3141
allegation is based. Upon the filing of the application, the board	3142
shall notify the commissioner of the filing of the application,	3143
fix a time for hearing the application, notify the commissioner	3144
and the applicant of the time for the hearing, and afford both an	3145
opportunity to be heard. The appellant, the tax commissioner, and	3146
any other interested persons that the board permits, may introduce	3147
evidence. The burden of proof to show that the rule is	3148
unreasonable shall be upon the appellant. After the hearing, the	3149
board shall determine whether the rule complained of is reasonable	3150
or unreasonable. A determination that the rule complained of is	3151
unreasonable shall require a majority vote of the three members of	3152
the board, and the reasons for the determination shall be entered	3153
on the journal of the board.	3154

Upon determining that the rule complained of is unreasonable,	3155
the board shall file copies of its determination as follows:	3156

(1)(A) The determination shall be filed in electronic form	3157
with both the secretary of state and the director of the	3158
legislative service commission, who shall note the date of their	3159
receipt of the certified copies conspicuously in their files of	3160
the rules of the department;	3161

(2)(B) The determination shall be filed in electronic form	3162
with the joint committee on agency rule review. Division (C)(2) of	3163
this section does not apply to any rule to which division (H)(C)	3164
of section 119.03 of the Revised Code does not apply.	3165

On the tenth day after the determination has been received by	3166
the secretary of state, the director, and, if applicable, the	3167
joint committee, the rule referred to in the determination shall	3168
cease to be in effect. If all filings of the determination are not	3169
completed on the same day, the rule shall remain in effect until	3170
the tenth day after the day on which the latest filing is	3171
completed. This section does not apply to licenses issued under	3172
sections 5735.02, 5739.17, and 5743.15 of the Revised Code, which	3173
shall be governed by sections 119.01 to 119.13 of the Revised	3174
Code.	3175

The board is not required to hear an application for the	3176
review of any rule where the grounds of the allegation that the	3177
rule is unreasonable have been previously contained in an	3178
application for review and have been previously heard and passed	3179
upon by the board.	3180

(D) As used in this section, "substantive revision" has the	3181
same meaning as in division (J) of section 119.01 of the Revised	3182
Code.	3183

Sec. 6111.31.  All substantive wetland, stream, or lake	3184
mitigation standards, criteria, scientific methods, processes, or	3185
other procedures or policies that are used in a uniform manner by	3186
the director of environmental protection in evaluating the	3187
adequacy of a mitigation proposal contained in an application for	3188
a section 401 water quality certification shall be adopted and	3189
reviewed in accordance with sections 119.03 and 119.032106.03 of	3190
the Revised Code before those standards, criteria, or scientific	3191
methods have the force of law. Until that time, any such	3192
mitigation standards, criteria, scientific methods, processes, or	3193
other procedures or policies that are used by or approved for use	3194
by the director to evaluate, measure, or determine the success,	3195
approval, or denial of a mitigation proposal, but that have not	3196
been subject to review under sections 119.03 and 119.032106.03 of	3197
the Revised Code shall not be used as the basis for any	3198
certification or permit denial or as a standard applied to	3199
mitigation unless the applicant has been notified in advance that	3200
additional mitigation standards, criteria, scientific methods,	3201
processes, or procedures will be considered as part of the review	3202
process.	3203

Sec. 6111.51. (A)(1) The director of environmental protection	3204
shall adopt rules that establish criteria for three levels of	3205
credible data related to surface water monitoring and assessment.	3206
The rules pertaining to each level shall establish requirements	3207
for data assessment, sample collection and analytical methods, and	3208
quality assurance and quality control procedures that must be	3209
followed in order to classify data as credible at that level. The	3210
rules shall provide that level three credible data are collected	3211
by employing the most stringent methods and procedures, level two	3212
credible data are collected using methods and procedures that are	3213
less stringent than methods and procedures used to collect level	3214
three credible data, but more stringent than methods and	3215
procedures used to collect level one, and level one credible data	3216
are collected by employing the least stringent methods and	3217
procedures.	3218

The requirements established in the rules for each level of	3219
credible data shall be commensurate with, and no more stringent	3220
than necessary to support, the purposes for which the data will be	3221
used. In adopting rules under this section, the director shall	3222
consider the cost of data collection methods and procedures to	3223
persons or entities collecting data, and the burden of compliance	3224
with those methods and procedures for those persons or entities,	3225
while ensuring the degree of accuracy commensurate with the	3226
purpose for which the data will be used. No data shall be	3227
classified as credible data unless they have been collected in	3228
compliance with the applicable methods and procedures for	3229
collecting the data established in rules adopted under this	3230
section.	3231

(2) The director shall file the rules required to be adopted	3232
under division (A)(1) of this section with the secretary of state,	3233
the director of the legislative service commission, and the joint	3234
committee on agency rule review in accordance with divisions (B)	3235
and (H)(C) of section 119.03 of the Revised Code not later than	3236
one year after the effective date of this sectionOctober 21,	3237
2003. As soon as practicable thereafter, the director shall	3238
proceed to adopt the rules in accordance with all other applicable	3239
provisions of Chapter 119. of the Revised Code.	3240

(B)(1) Level three credible data shall be used for the	3241
purposes specified in section 6111.52 of the Revised Code.	3242

(2) Levels two and three credible data shall be used for the	3243
purpose of evaluating the effectiveness of pollution controls for	3244
point sources and nonpoint sources and initial screening of water	3245
quality problems to determine if additional study is needed.	3246

(3) Levels one, two, and three credible data shall be used	3247
for public awareness and education activities.	3248

(C) No data shall be considered credible unless the data	3249
originate from studies and samples collected by the environmental	3250
protection agency, its contractors, federal or state environmental	3251
agencies, or qualified data collectors. However, data submitted	3252
pursuant to the requirements of a permit issued by an agency of	3253
the state or submitted as a result of findings and orders issued	3254
by the director or pursuant to a court order shall be considered	3255
credible unless the director identifies reasons why the data are	3256
not credible.	3257

(D) If the director has obtained credible data for a surface	3258
water, the director also may use historical data for the purpose	3259
of determining whether any water quality trends exist for that	3260
surface water.	3261

(E) Sections 6111.50 to 6111.56 of the Revised Code do not	3262
apply to civil or criminal enforcement actions brought under	3263
section 6111.07 of the Revised Code.	3264

(F) The director's use of credible data shall be consistent	3265
with the Federal Water Pollution Control Act.	3266

(G) Nothing in sections 6111.50 to 6111.56 of the Revised	3267
Code is an exception to statutory, common, or municipal law of	3268
trespass.	3269

Section 2.  That existing sections 101.35, 103.0511, 107.54,	3270
111.15, 117.20, 119.01, 119.03, 119.04, 121.39, 121.73, 121.74,	3271
121.81, 121.82, 121.83, 127.18, 1531.08, 3319.22, 3319.221,	3272
3333.021, 3333.048, 3737.88, 3746.04, 4117.02, 4141.14, 5103.0325,	3273
5117.02, 5703.14, 6111.31, and 6111.51 of the Revised Code are	3274
repealed.	3275

Section 3.  That sections 119.031 and 119.032 of the Revised	3276
Code are repealed.	3277

Section 4.  Sections 106.02 and 106.021 of the Revised Code	3278
are a continuation, although with revisions, of former division	3279
(I) of section 119.03 of the Revised Code. Division (C) of section	3280
119.03 of the Revised Code is a continuation, although with	3281
revisions, of former division (H) of that section. And sections	3282
106.03 and 106.031 of the Revised Code are a continuation,	3283
although with revisions, of former section 119.032 of the Revised	3284
Code.	3285

Section 5.  (A)(1) Sections 106.02 and 106.021 of the Revised	3286
Code do not apply to a proposed rule or revised proposed rule that	3287
was filed under division (D) of section 111.15 or former division	3288
(H) of section 119.03 of the Revised Code and, on the effective	3289
date of this section, is pending before the Joint Committee on	3290
Agency Rule Review for review under former division (I) of section	3291
119.03 of the Revised Code. The Joint Committee, subject to	3292
division (B) of this section, shall review the proposed rule or	3293
revised proposed rule under former division (I) of section 119.03	3294
of the Revised Code as if the division had not been repealed.	3295

(2) Sections 106.03 and 106.031 of the Revised Code do not	3296
apply to an existing rule that was filed under former section	3297
119.032 of the Revised Code and, on the effective date of this	3298
section, is pending before the Joint Committee on Agency Rule	3299
Review for review under that former section. The Joint Committee,	3300
subject to division (B) of this section, shall review the existing	3301
rule under former section 119.032 of the Revised Code as if the	3302
section had not been repealed.	3303

(B) If, on or after the effective date of this section, the	3304
Joint Committee on Agency Rule Review recommends invalidation of a	3305
proposed rule or revised proposed rule under section 106.021 or	3306
former division (I) of section 119.03 of the Revised Code, or	3307
invalidation of an existing rule under section 106.031 or former	3308
section 119.032 of the Revised Code, the invalidation shall be	3309
carried out under sections 106.04 and 106.041 of the Revised Code.	3310

Section 6.  Sections 1, 2, 3, 4, 5, and 7 of this act take	3311
effect on January 1, 2012.	3312

Section 7.  The General Assembly, applying the principle	3313
stated in division (B) of section 1.52 of the Revised Code that	3314
amendments are to be harmonized if reasonably capable of	3315
simultaneous operation, finds that the following sections,	3316
presented in this act as composites of the sections as amended by	3317
the acts indicated, are the resulting versions of the sections in	3318
effect prior to the effective date of the sections as presented in	3319
this act:	3320

Section 3737.88 of the Revised Code as amended by both Am.	3321
Sub. H.B. 153 and Sub. S.B. 171 of the 129th General Assembly.	3322

Section 5117.02 of the Revised Code as amended by both Am.	3323
Sub. S.B. 3 and the version of Am. Sub. S.B. 11 of the 123rd	3324
General Assembly effective on April 1, 2002.	3325

Section 5703.14 of the Revised Code as amended by both Am.	3326
Sub. S.B. 3 and the version of Am. Sub. S.B. 11 of the 123rd	3327
General Assembly effective on April 1, 2002.	3328

Section 8.  This act is an emergency measure necessary for	3329
the immediate preservation of the public peace, health, and	3330
safety. The validity of existing laws providing for legislative	3331
review of rules is uncertain, there are omissions in the intended	3332
scope of recently enacted laws for reviewing, and thereby reducing	3333
or eliminating, adverse impacts of rules on businesses, and	3334
existing laws providing for rule-making and for review of rules	3335
are miscodified, anachronistic, and otherwise uncertain. This act	3336
attempts to cure the uncertain validity better to ensure that	3337
rules are consistent with their authorizing statutes, its cure of	3338
the omission in the intended scope of the business review laws	3339
needs to be coordinated with the first applicability of those	3340
laws, and its reorganization, updating, and clarification of the	3341
laws providing for rule-making and for review of rules will	3342
improve the operation of those laws. Therefore this act goes into	3343
immediate effect.	3344