As Reported by the House State Government and Elections Committee

129th General Assembly Regular Session 2011-2012

Sub. 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, or 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 (C) 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 the original version of a proposed rule and rule summary	161
and fiscal analysis is filed with the joint committee in December,	162
the joint committee shall review the proposed rule and rule	163
summary and fiscal analysis as if the proposed rule and rule	164
summary and fiscal analysis had been filed with the joint	165
committee on the first day of the legislative session in the	166
following January. When a revised proposed rule and revised rule	167
summary and fiscal analysis is filed with the joint committee in	168
December, the joint committee shall review the revised proposed	169
rule and revised rule summary and fiscal analysis not later than	170
the thirtieth day after the first day of the legislative session	171
in the following January.	172

A revised proposed rule supersedes each earlier version of	173
the same proposed rule.	174

The joint committee shall not hold its public hearing on a	175
proposed rule earlier than the forty-first day after the proposed	176
rule was filed with the joint committee.	177

Sec. 106.021. If, upon reviewing a proposed rule or revised	178
proposed rule, the joint committee on agency rule review makes any	179
of the following findings with regard to the proposed rule or	180
revised proposed rule, the joint committee may recommend to the	181
senate and house of representatives the enactment of a bill to	182
invalidate the proposed rule or revised proposed rule or a part	183
thereof:	184

(A) The proposed rule or revised proposed rule exceeds the	185
scope of its statutory authority.	186

(B) The proposed rule or revised proposed rule conflicts with	187
the legislative intent of the statute under which it was proposed.	188

(C) The proposed rule or revised proposed rule conflicts with	189
another proposed or existing rule.	190

(D) The proposed rule or revised proposed rule incorporates a	191
text or other material by reference and either the agency has	192
failed to file the text or other material incorporated by	193
reference as required by section 121.73 of the Revised Code or the	194
incorporation by reference fails to meet the standards stated in	195
section 121.72, 121.75, or 121.76 of the Revised Code.	196

(E) The agency has failed to demonstrate through the business	197
impact analysis, recommendations from the common sense initiative	198
office, and the memorandum of response that the regulatory intent	199
of the proposed rule or revised proposed rule justifies its	200
adverse impact on businesses in this state.	201

(F) The agency has failed to prepare a complete and accurate	202
rule summary and fiscal analysis of the proposed rule or revised	203
proposed rule as required by section 127.18 of the Revised Code.	204

Sec. 106.022.  As an alternative to recommending the	205
enactment of a bill to invalidate a proposed rule because an	206
agency has not prepared a complete and accurate rule summary and	207
fiscal analysis addressing the fiscal effect of the proposed rule	208
on counties, townships, municipal corporations, or school	209
districts, the joint committee on agency rule review may issue a	210
finding that the rule summary and fiscal analysis is incomplete or	211
inaccurate as to that fiscal effect, and order the agency to	212
refile the proposed rule with a revised rule summary and fiscal	213
analysis that addresses that fiscal effect completely and	214
accurately. The joint committee shall transmit the finding and	215
order electronically to the agency, the secretary of state, the	216
director of the legislative service commission, and, if the	217
proposed rule is to replace an emergency rule, the governor.	218

Upon receiving the finding and order, the agency may revise	219
the rule summary and fiscal analysis completely and accurately to	220
address the fiscal effect of the proposed rule on counties,	221
townships, municipal corporations, or school districts, and then	222
refile the proposed rule and revised rule summary and fiscal	223
analysis electronically with the joint committee.	224

If the joint committee finds that the revised rule summary	225
and fiscal analysis continues incompletely or inaccurately to	226
address the fiscal effect of the proposed rule on counties,	227
townships, municipal corporations, or school districts, the joint	228
committee may recommend the enactment of a bill to invalidate the	229
proposed rule under division (F) of section 106.021 of the Revised	230
Code. The joint committee may make only one finding and order with	231
regard to the same proposed rule.	232

If the proposed rule that is the subject of a finding and	233
order is to replace an emergency rule, the governor may issue an	234
order extending the emergency rule for an additional sixty-five	235
days after the day on which the emergency rule otherwise would	236
become invalid. The governor shall transmit the order	237
electronically to the agency, the joint committee, and the	238
director of the legislative service commission.	239

Sec. 106.023. An agency may not adopt a proposed rule or	240
revised proposed rule or file it in final form unless the proposed	241
rule has been filed with the joint committee on agency rule review	242
under division (D) of section 111.15 or division (C) of section	243
119.03 of the Revised Code and the time for the joint committee to	244
review the proposed rule has expired without recommendation of a	245
bill to invalidate the proposed rule.	246

If, before the time for its review of a proposed rule or	247
revised proposed rule expires, the joint committee recommends	248
enactment of a bill invalidating the proposed rule or revised	249
proposed rule, the rule-making proceedings pertaining to the	250
proposed rule or revised proposed rule are suspended, and the	251
proposed rule or revised proposed rule may not be adopted or filed	252
in final form during the suspension. The suspension begins when	253
the joint committee votes to recommend invalidation of the	254
proposed rule. The suspension expires on the earlier of the day	255
that is six months after the day the vote was taken or the day	256
both houses have adjourned sine die.	257

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

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

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

265

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(D) The joint committee shall publish notice of the agency's	385
determination not to amend or rescind the rule in the register of	386
Ohio for four consecutive weeks after the rule is filed under	387
division (C) of this section.	388

(E) During the ninety-day period after a rule is filed under	389
division (C) of this section, but after the four-week notice	390
period required by division (D) of this section has ended, the	391
joint committee, by a two-thirds vote of members present, may	392
recommend to the senate and house of representatives the enactment	393
of a bill invalidating the rule if the joint committee finds any	394
of the following:	395

(1) The agency improperly applied the standards in division	396
(A) of section 106.03 of the Revised Code in reviewing the rule	397
and in determining that the rule did not need amendment or	398
rescission.	399

(2) The rule has an adverse impact on businesses, and the	400
agency has failed to demonstrate through a business impact	401
analysis, recommendations from the common sense initiative office,	402
and a memorandum of response that the regulatory intent of the	403
rule justifies its adverse impact on businesses.	404

(3) If the rule incorporates a text or other material by	405
reference, the agency failed to file, or to deposit or display,	406
the text or other material incorporated by reference as required	407
by section 121.73 or 121.74 of the Revised Code or the	408
incorporation by reference fails to meet the standards stated in	409
section 121.72, 121.75, or 121.76 of the Revised Code.	410

(4) The agency otherwise failed to comply with section 106.03	411
or 106.031 of the Revised Code.	412

If the joint committee does not recommend enactment of a bill	413
to invalidate the rule, the rule continues in effect without	414
amendment, and shall be next reviewed by the joint committee with	415
reference to the new review date assigned to the rule.	416

Sec. 106.032.  If the joint committee on agency rule review	417
recommends invalidation of an existing rule, operation of the	418
existing rule is suspended. The suspension begins when the joint	419
committee votes to recommend invalidation of the existing rule.	420
The suspension expires on the earlier of the day that is six	421
months after the day the vote was taken or the day both houses	422
have adjourned sine die. Upon expiration of the suspension,	423
operation of the existing rule resumes. If, however, during the	424
suspension, or at any time thereafter, an act invalidating the	425
existing rule takes effect, the existing rule is invalid as	426
provided in the act.	427

Sec. 106.04. When the joint committee on agency rule review	428
recommends invalidation of a proposed or existing rule under	429
section 106.021 or 106.031 of the Revised Code, the chairperson of	430
the joint committee, or another member of the joint committee	431
designated by the chairperson, shall prepare the recommendation of	432
invalidation in writing. The recommendation shall identify the	433
proposed or existing rule, the agency that proposed or submitted	434
the proposed or existing rule, and the finding that caused the	435
joint committee to make the recommendation. The recommendation	436
briefly shall explain the finding.	437

The chairperson of the joint committee shall request the	438
legislative service commission to prepare a bill to invalidate the	439
proposed or existing rule according to the recommendation. The	440
bill shall state the finding that caused the joint committee to	441
recommend invalidation of the rule.	442

Sec. 106.041. The chairperson of the joint committee on	443
agency rule review, or another member of the joint committee	444
designated by the chairperson, shall submit a bill to invalidate a	445
proposed or existing rule to the clerk of either house of the	446
general assembly. The recommendation of invalidation and a copy of	447
the proposed or existing rule also shall be submitted to the clerk	448
along with the bill.	449

A bill recommended by the joint committee on agency rule	450
review to invalidate a proposed or existing rule shall not be	451
referred to any committee other than the committee having	452
authority to set the calendar of bills for third consideration.	453

Sections 106.021 and 106.031 of the Revised Code do not	454
preclude a member of the general assembly, on the member's own	455
initiative, from drafting a bill that proposes to invalidate a	456
proposed or existing rule and filing the bill for introduction,	457
and do not preclude the house of representatives or senate from	458
proceeding to consider such a bill. When such a bill is filed for	459
introduction, section 106.023 or 106.032 of the Revised Code does	460
not operate to suspend the existing rule.	461

Sec. 106.042. The failure of the general assembly to enact a	462
bill invalidating a proposed or existing rule is not a	463
ratification of the lawfulness or reasonableness of the proposed	464
or existing rule or of the validity of the procedure by which the	465
rule was proposed or adopted.	466

Sec. 107.54. (A)(1) When the common sense initiative office	467
receives a draft rule and business impact analysis from an agency,	468
the office shall evaluate the draft rule and analysis against the	469
business impact analysis instrument and any other relevant	470
criteria, and may prepare and transmit recommendations to the	471
agency on how the draft rule might be revised to eliminate or	472
reduce any adverse impact the draft rule might have on businesses.	473

(2) When the office receives a rule and business impact	474
analysis from an agency under division (A)(2) of section 106.031	475
of the Revised Code, the office shall evaluate the rule and	476
analysis against the business impact analysis instrument and any	477
other relevant criteria, and may prepare and transmit	478
recommendations to the agency on how the rule might be amended or	479
rescinded to eliminate or reduce any adverse impact the rule has	480
on businesses.	481

(B) The office shall transmit any such recommendations	482
electronically to the agency. If the office fails to make such a	483
transmission after receiving the draft rule and business impact	484
analysis, it is as if the office had elected not to make any	485
recommendations.	486

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

487

(1) "Rule" includes any rule, regulation, bylaw, or standard	488
having a general and uniform operation adopted by an agency under	489
the authority of the laws governing the agency; any appendix to a	490
rule; and any internal management rule. "Rule" does not include	491
any guideline adopted pursuant to section 3301.0714 of the Revised	492
Code, any order respecting the duties of employees, any finding,	493
any determination of a question of law or fact in a matter	494
presented to an agency, or any rule promulgated pursuant to	495
Chapter 119., section 4141.14,or division (C)(1) or (2) of	496
section 5117.02, or section 5703.14 of the Revised Code. "Rule"	497
includes any amendment or rescission of a rule.	498

(2) "Agency" means any governmental entity of the state and	499
includes, but is not limited to, any board, department, division,	500
commission, bureau, society, council, institution, state college	501
or university, community college district, technical college	502
district, or state community college. "Agency" does not include	503
the general assembly, the controlling board, the adjutant	504
general's department, or any court.	505

(3) "Internal management rule" means any rule, regulation,	506
bylaw, or standard governing the day-to-day staff procedures and	507
operations within an agency.	508

(4) "Substantive revision" has the same meaning as in	509
division (J) of section 119.01 of the Revised Code.	510

(B)(1) Any rule, other than a rule of an emergency nature,	511
adopted by any agency pursuant to this section shall be effective	512
on the tenth day after the day on which the rule in final form and	513
in compliance with division (B)(3) of this section is filed as	514
follows:	515

(a) The rule shall be filed in electronic form with both the	516
secretary of state and the director of the legislative service	517
commission;	518

(b) The rule shall be filed in electronic form with the joint	519
committee on agency rule review. Division (B)(1)(b) of this	520
section does not apply to any rule to which division (D) of this	521
section does not apply.	522

An agency that adopts or amends a rule that is subject to	523
division (D) of this section shall assign a review date to the	524
rule that is not later than five years after its effective date.	525
If no review date is assigned to a rule, or if a review date	526
assigned to a rule exceeds the five-year maximum, the review date	527
for the rule is five years after its effective date. A rule with a	528
review date is subject to review under section 119.032106.03 of	529
the Revised Code. This paragraph does not apply to a rule of a	530
state college or university, community college district, technical	531
college district, or state community college.	532

If all filings are not completed on the same day, the rule	533
shall be effective on the tenth day after the day on which the	534
latest filing is completed. If an agency in adopting a rule	535
designates an effective date that is later than the effective date	536
provided for by division (B)(1) of this section, the rule if filed	537
as required by such division shall become effective on the later	538
date designated by the agency.	539

Any rule that is required to be filed under division (B)(1)	540
of this section is also subject to division (D) of this section if	541
not exempted by that division (D)(1), (2), (3), (4), (5), (6),	542
(7), or (8) of this section.	543

If a rule incorporates a text or other material by reference,	544
the agency shall comply with sections 121.71 to 121.76 of the	545
Revised Code.	546

(2) A rule of an emergency nature necessary for the immediate	547
preservation of the public peace, health, or safety shall state	548
the reasons for the necessity. The emergency rule, in final form	549
and in compliance with division (B)(3) of this section, shall be	550
filed in electronic form with the secretary of state, the director	551
of the legislative service commission, and the joint committee on	552
agency rule review. The emergency rule is effective immediately	553
upon completion of the latest filing, except that if the agency in	554
adopting the emergency rule designates an effective date, or date	555
and time of day, that is later than the effective date and time	556
provided for by division (B)(2) of this section, the emergency	557
rule, if filed as required by such division, shall become	558
effective at the later date, or later date and time of day,	559
designated by the agency.	560

An emergency rule becomes invalid at the end of the ninetieth	561
one hundred twentieth day it is in effect. Prior to that date, the	562
agency may file the emergency rule as a nonemergency rule in	563
compliance with division (B)(1) of this section. The agency may	564
not refile the emergency rule in compliance with division (B)(2)	565
of this section so that, upon the emergency rule becoming invalid	566
under such division, the emergency rule will continue in effect	567
without interruption for another ninety-dayone hundred twenty-day	568
period.	569

(3) An agency shall file a rule under division (B)(1) or (2)	570
of this section in compliance with the following standards and	571
procedures:	572

(a) The rule shall be numbered in accordance with the	573
numbering system devised by the director for the Ohio	574
administrative code.	575

(b) The rule shall be prepared and submitted in compliance	576
with the rules of the legislative service commission.	577

(c) The rule shall clearly state the date on which it is to	578
be effective and the date on which it will expire, if known.	579

(d) Each rule that amends or rescinds another rule shall	580
clearly refer to the rule that is amended or rescinded. Each	581
amendment shall fully restate the rule as amended.	582

If the director of the legislative service commission or the	583
director's designee gives an agency notice pursuant to section	584
103.05 of the Revised Code that a rule filed by the agency is not	585
in compliance with the rules of the legislative service	586
commission, the agency shall within thirty days after receipt of	587
the notice conform the rule to the rules of the commission as	588
directed in the notice.	589

(C) All rules filed pursuant to divisions (B)(1)(a) and (2)	590
of this section shall be recorded by the secretary of state and	591
the director under the title of the agency adopting the rule and	592
shall be numbered according to the numbering system devised by the	593
director. The secretary of state and the director shall preserve	594
the rules in an accessible manner. Each such rule shall be a	595
public record open to public inspection and may be transmitted to	596
any law publishing company that wishes to reproduce it.	597

(D) At least sixty-five days before a board, commission,	598
department, division, or bureau of the government of the state	599
files a rule under division (B)(1) of this section, it shall file	600
the full text of the proposed rule in electronic form with the	601
joint committee on agency rule review, and the proposed rule is	602
subject to legislative review and invalidation under division (I)	603
of section 119.03106.021 of the Revised Code. If a state board,	604
commission, department, division, or bureau makes a substantive	605
revision in a proposed rule after it is filed with the joint	606
committee, the state board, commission, department, division, or	607
bureau shall promptly file the full text of the proposed rule in	608
its revised form in electronic form with the joint committee. The	609
latest version of a proposed rule as filed with the joint	610
committee supersedes each earlier version of the text of the same	611
proposed rule. Except as provided in division (F) of this section,	612
aA state board, commission, department, division, or bureau shall	613
also file the rule summary and fiscal analysis prepared under	614
section 127.18 of the Revised Code in electronic form along with a	615
proposed rule, and along with a proposed rule in revised form,	616
that is filed under this division. If a proposed rule has an	617
adverse impact on businesses, the state board, commission,	618
department, division, or bureau also shall file the business	619
impact analysis, any recommendations received from the common	620
sense initiative office, and the associated memorandum of	621
response, if any, in electronic form along with the proposed rule,	622
or the proposed rule in revised form, that is filed under this	623
division.	624

A proposed rule that is subject to legislative review under	625
this division may not be adopted and filed in final form under	626
division (B)(1) of this section unless the proposed rule has been	627
filed with the joint committee on agency rule review under this	628
division and the time for the joint committee to review the	629
proposed rule has expired without recommendation of a bill to	630
invalidate the proposed rule.	631

As used in this division, "commission" includes the public	632
utilities commission when adopting rules under a federal or state	633
statute.	634

This division does not apply to any of the following:

635

(1) A proposed rule of an emergency nature;

636

(2) A rule proposed under section 1121.05, 1121.06, 1155.18,	637
1163.22, 1349.33, 1707.201, 1733.412, 4123.29, 4123.34, 4123.341,	638
4123.342, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised	639
Code;	640

(3) A rule proposed by an agency other than a board,	641
commission, department, division, or bureau of the government of	642
the state;	643

(4) A proposed internal management rule of a board,	644
commission, department, division, or bureau of the government of	645
the state;	646

(5) Any proposed rule that must be adopted verbatim by an	647
agency pursuant to federal law or rule, to become effective within	648
sixty days of adoption, in order to continue the operation of a	649
federally reimbursed program in this state, so long as the	650
proposed rule contains both of the following:	651

(a) A statement that it is proposed for the purpose of	652
complying with a federal law or rule;	653

(b) A citation to the federal law or rule that requires	654
verbatim compliance.	655

(6) An initial rule proposed by the director of health to	656
impose safety standards and quality-of-care standards with respect	657
to a health service specified in section 3702.11 of the Revised	658
Code, or an initial rule proposed by the director to impose	659
quality standards on a facility listed in division (A)(4) of	660
section 3702.30 of the Revised Code, if section 3702.12 of the	661
Revised Code requires that the rule be adopted under this section;	662

(7) A rule of the state lottery commission pertaining to	663
instant game rules.	664

If a rule is exempt from legislative review under division	665
(D)(5) of this section, and if the federal law or rule pursuant to	666
which the rule was adopted expires, is repealed or rescinded, or	667
otherwise terminates, the rule is thereafter subject to	668
legislative review under division (D) of this section.	669

(E) Whenever a state board, commission, department, division,	670
or bureau files a proposed rule or a proposed rule in revised form	671
under division (D) of this section, it shall also file the full	672
text of the same proposed rule or proposed rule in revised form in	673
electronic form with the secretary of state and the director of	674
the legislative service commission. Except as provided in division	675
(F) of this section, aA state board, commission, department,	676
division, or bureau shall file the rule summary and fiscal	677
analysis prepared under section 127.18 of the Revised Code in	678
electronic form along with a proposed rule or proposed rule in	679
revised form that is filed with the secretary of state or the	680
director of the legislative service commission.	681

(F) Except as otherwise provided in this division, the	682
auditor of state or the auditor of state's designee is not	683
required to file a rule summary and fiscal analysis along with a	684
proposed rule, or proposed rule in revised form, that the auditor	685
of state proposes under section 117.12, 117.19, 117.38, or 117.43	686
of the Revised Code and files under division (D) or (E) of this	687
section.	688

Sec. 117.20.  (A) In adopting rules pursuant to Chapter 117.	689
of the Revised Code, the auditor of state or the auditor of	690
state's designee shall do both of the following:	691

(1) Before adopting any such rule, except a rule of an	692
emergency nature, do each of the following:	693

(a) At least thirty-five days before any public hearing on	694
the proposed rule-making action, mail or send by electronic mail	695
notice of the hearing to each public office and to each statewide	696
organization that the auditor of state or designee determines will	697
be affected or represents persons who will be affected by the	698
proposed rule-making action;	699

(b) Mail or send by electronic mail a copy of the proposed	700
rule to any person or organization that requests a copy within	701
five days after receipt of the request;	702

(c) Consult with appropriate state and local government	703
agencies, or with persons representative of their interests,	704
including statewide organizations of local government officials,	705
and consult with accounting professionals and other interested	706
persons;	707

(d) Conduct, on the date and at the time and place designated	708
in the notice, a public hearing at which any person affected by	709
the proposed rule, including statewide organizations of local	710
government officials, may appear and be heard in person, by	711
attorney, or both, and may present the person's or organization's	712
position or contentions orally or in writing.	713

(2) Except as otherwise provided in division (A)(2) of this	714
section, complyComply with divisions (B) to (E) of section 111.15	715
of the Revised Code. The auditor of state is not required to file	716
a rule summary and fiscal analysis along with any copy of a	717
proposed rule, or proposed rule in revised form, that is filed	718
with the joint committee on agency rule review, the secretary of	719
state, or the director of the legislative service commission under	720
division (D) or (E) of section 111.15 of the Revised Code.	721

(B) The auditor of state shall diligently discharge the	722
duties imposed by divisions (A)(1)(a), (b), and (c) of this	723
section, but failure to mail or send by electronic mail any notice	724
or copy of a proposed rule, or to consult with any person or	725
organization, shall not invalidate any rule.	726

(C) Notwithstanding any contrary provision of the Revised	727
Code, the auditor of state may prepare and disseminate, to public	728
offices and other interested persons and organizations, advisory	729
bulletins, directives, and instructions relating to accounting and	730
financial reporting systems, budgeting procedures, fiscal	731
controls, and the constructions by the auditor of state of	732
constitutional and statutory provisions, court decisions, and	733
opinions of the attorney general. The bulletins, directives, and	734
instructions shall be of an advisory nature only.	735

(D) As used in this section, "rule" includes the adoption,	736
amendment, or rescission of a rule.	737

Sec. 119.01.  As used in sections 119.01 to 119.13 of the	738
Revised Code:	739

(A)(1) "Agency" means, except as limited by this division,	740
any official, board, or commission having authority to promulgate	741
rules or make adjudications in the civil service commission, the	742
division of liquor control, the department of taxation, the	743
industrial commission, the bureau of workers' compensation, the	744
functions of any administrative or executive officer, department,	745
division, bureau, board, or commission of the government of the	746
state specifically made subject to sections 119.01 to 119.13 of	747
the Revised Code, and the licensing functions of any	748
administrative or executive officer, department, division, bureau,	749
board, or commission of the government of the state having the	750
authority or responsibility of issuing, suspending, revoking, or	751
canceling licenses.	752

Except as otherwise provided in division (I) of this section,	753
sectionsSections 119.01 to 119.13 of the Revised Code do not	754
apply to the public utilities commission. Sections 119.01 to	755
119.13 of the Revised Code do not apply to the utility	756
radiological safety board; to the controlling board; to actions of	757
the superintendent of financial institutions and the	758
superintendent of insurance in the taking possession of, and	759
rehabilitation or liquidation of, the business and property of	760
banks, savings and loan associations, savings banks, credit	761
unions, insurance companies, associations, reciprocal fraternal	762
benefit societies, and bond investment companies; to any action	763
taken by the division of securities under section 1707.201 of the	764
Revised Code; or to any action that may be taken by the	765
superintendent of financial institutions under section 1113.03,	766
1121.06, 1121.10, 1125.09, 1125.12, 1125.18, 1157.09, 1157.12,	767
1157.18, 1165.09, 1165.12, 1165.18, 1349.33, 1733.35, 1733.361,	768
1733.37, or 1761.03 of the Revised Code.	769

Sections 119.01 to 119.13 of the Revised Code do not apply to	770
actions of the industrial commission or the bureau of workers'	771
compensation under sections 4123.01 to 4123.94 of the Revised Code	772
with respect to all matters of adjudication, or to the actions of	773
the industrial commission, bureau of workers' compensation board	774
of directors, and bureau of workers' compensation under division	775
(D) of section 4121.32, sections 4123.29, 4123.34, 4123.341,	776
4123.342, 4123.40, 4123.411, 4123.44, 4123.442, 4127.07, divisions	777
(B), (C), and (E) of section 4131.04, and divisions (B), (C), and	778
(E) of section 4131.14 of the Revised Code with respect to all	779
matters concerning the establishment of premium, contribution, and	780
assessment rates.	781

(2) "Agency" also means any official or work unit having	782
authority to promulgate rules or make adjudications in the	783
department of job and family services, but only with respect to	784
both of the following:	785

(a) The adoption, amendment, or rescission of rules that	786
section 5101.09 of the Revised Code requires be adopted in	787
accordance with this chapter;	788

(b) The issuance, suspension, revocation, or cancellation of	789
licenses.	790

(B) "License" means any license, permit, certificate,	791
commission, or charter issued by any agency. "License" does not	792
include any arrangement whereby a person, institution, or entity	793
furnishes medicaid services under a provider agreement with the	794
department of job and family services pursuant to Title XIX of the	795
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	796
amended.	797

(C) "Rule" means any rule, regulation, or standard, having a	798
general and uniform operation, adopted, promulgated, and enforced	799
by any agency under the authority of the laws governing such	800
agency, and includes any appendix to a rule. "Rule" does not	801
include any internal management rule of an agency unless the	802
internal management rule affects private rights and does not	803
include any guideline adopted pursuant to section 3301.0714 of the	804
Revised Code.	805

(D) "Adjudication" means the determination by the highest or	806
ultimate authority of an agency of the rights, duties, privileges,	807
benefits, or legal relationships of a specified person, but does	808
not include the issuance of a license in response to an	809
application with respect to which no question is raised, nor other	810
acts of a ministerial nature.	811

(E) "Hearing" means a public hearing by any agency in	812
compliance with procedural safeguards afforded by sections 119.01	813
to 119.13 of the Revised Code.	814

(F) "Person" means a person, firm, corporation, association,	815
or partnership.	816

(G) "Party" means the person whose interests are the subject	817
of an adjudication by an agency.	818

(H) "Appeal" means the procedure by which a person, aggrieved	819
by a finding, decision, order, or adjudication of any agency,	820
invokes the jurisdiction of a court.	821

(I) "Rule-making agency" means any board, commission,	822
department, division, or bureau of the government of the state	823
that is required to file proposed rules, amendments, or	824
rescissions under division (D) of section 111.15 of the Revised	825
Code and any agency that is required to file proposed rules,	826
amendments, or rescissions under divisions (B) and (H) of section	827
119.03 of the Revised Code. "Rule-making agency" includes the	828
public utilities commission. "Rule-making agency" does not include	829
any state-supported college or university.	830

(J) "Substantive revision" means any addition to, elimination	831
from, or other change in a rule, an amendment of a rule, or a	832
rescission of a rule, whether of a substantive or procedural	833
nature, that changes any of the following:	834

(1) That which the rule, amendment, or rescission permits,	835
authorizes, regulates, requires, prohibits, penalizes, rewards, or	836
otherwise affects;	837

(2) The scope or application of the rule, amendment, or	838
rescission.	839

(K) "Internal management rule" means any rule, regulation, or	840
standard governing the day-to-day staff procedures and operations	841
within an agency.	842

Sec. 119.03.  In the adoption, amendment, or rescission of	843
any rule, an agency shall comply with the following procedure:	844

(A) Reasonable public notice shall be given in the register	845
of Ohio at least thirty days prior to the date set for a hearing,	846
in the form the agency determines. The agency shall file copies of	847
the public notice under division (B) of this section. (The agency	848
gives public notice in the register of Ohio when the public notice	849
is published in the register under that division.)	850

The public notice shall include:

851

(1) A statement of the agency's intention to consider	852
adopting, amending, or rescinding a rule;	853

(2) A synopsis of the proposed rule, amendment, or rule to be	854
rescinded or a general statement of the subject matter to which	855
the proposed rule, amendment, or rescission relates;	856

(3) A statement of the reason or purpose for adopting,	857
amending, or rescinding the rule;	858

(4) The date, time, and place of a hearing on the proposed	859
action, which shall be not earlier than the thirty-first nor later	860
than the fortieth day after the proposed rule, amendment, or	861
rescission is filed under division (B) of this section.	862

In addition to public notice given in the register of Ohio,	863
the agency may give whatever other notice it reasonably considers	864
necessary to ensure notice constructively is given to all persons	865
who are subject to or affected by the proposed rule, amendment, or	866
rescission.	867

The agency shall provide a copy of the public notice required	868
under division (A) of this section to any person who requests it	869
and pays a reasonable fee, not to exceed the cost of copying and	870
mailing.	871

(B) The full text of the proposed rule, amendment, or rule to	872
be rescinded, accompanied by the public notice required under	873
division (A) of this section, shall be filed in electronic form	874
with the secretary of state and with the director of the	875
legislative service commission. (If in compliance with this	876
division an agency files more than one proposed rule, amendment,	877
or rescission at the same time, and has prepared a public notice	878
under division (A) of this section that applies to more than one	879
of the proposed rules, amendments, or rescissions, the agency	880
shall file only one notice with the secretary of state and with	881
the director for all of the proposed rules, amendments, or	882
rescissions to which the notice applies.) The proposed rule,	883
amendment, or rescission and public notice shall be filed as	884
required by this division at least sixty-five days prior to the	885
date on which the agency, in accordance with division (D)(E) of	886
this section, issues an order adopting the proposed rule,	887
amendment, or rescission.	888

If the proposed rule, amendment, or rescission incorporates a	889
text or other material by reference, the agency shall comply with	890
sections 121.71 to 121.76 of the Revised Code.	891

The proposed rule, amendment, or rescission shall be	892
available for at least thirty days prior to the date of the	893
hearing at the office of the agency in printed or other legible	894
form without charge to any person affected by the proposal.	895
Failure to furnish such text to any person requesting it shall not	896
invalidate any action of the agency in connection therewith.	897

If the agency files a substantive revision in the text of the	898
proposed rule, amendment, or rescission under division (H) of this	899
section, it shall also promptly file the full text of the proposed	900
rule, amendment, or rescission in its revised form in electronic	901
form with the secretary of state and with the director of the	902
legislative service commission.	903

The agency shall file the rule summary and fiscal analysis	904
prepared under section 127.18 of the Revised Code in electronic	905
form along with a proposed rule, amendment, or rescission or	906
proposed rule, amendment, or rescission in revised form that is	907
filed with the secretary of state or the director of the	908
legislative service commission.	909

The director of the legislative service commission shall	910
publish in the register of Ohio the full text of the original and	911
each revised version of a proposed rule, amendment, or rescission;	912
the full text of a public notice; and the full text of a rule	913
summary and fiscal analysis that is filed with the director under	914
this division.	915

(C) When an agency files a proposed rule, amendment, or	916
rescission under division (B) of this section, it also shall file	917
in electronic form with the joint committee on agency rule review	918
the full text of the proposed rule, amendment, or rule to be	919
rescinded in the same form and the public notice required under	920
division (A) of this section. (If in compliance with this division	921
an agency files more than one proposed rule, amendment, or	922
rescission at the same time, and has given a public notice under	923
division (A) of this section that applies to more than one of the	924
proposed rules, amendments, or rescissions, the agency shall file	925
only one notice with the joint committee for all of the proposed	926
rules, amendments, or rescissions to which the notice applies.)	927
The proposed rule, amendment, or rescission is subject to	928
legislative review and invalidation under section 106.021 of the	929
Revised Code. If the agency makes a revision in a proposed rule,	930
amendment, or rescission after it is filed with the joint	931
committee, the agency promptly shall file the full text of the	932
proposed rule, amendment, or rescission in its revised form in	933
electronic form with the joint committee. An agency shall file the	934
rule summary and fiscal analysis prepared under section 127.18 of	935
the Revised Code in electronic form along with a proposed rule,	936
amendment, or rescission, and along with a proposed rule,	937
amendment, or rescission in revised form, that is filed under this	938
division. If a proposed rule, amendment, or rescission has an	939
adverse impact on businesses, the agency also shall file the	940
business impact analysis, any recommendations received from the	941
common sense initiative office, and the agency's memorandum of	942
response, if any, in electronic form along with the proposed rule,	943
amendment, or rescission, or along with the proposed rule,	944
amendment, or rescission in revised form, that is filed under this	945
division.	946

This division does not apply to:

947

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

948

(2) A proposed rule, amendment, or rescission that must be	949
adopted verbatim by an agency pursuant to federal law or rule, to	950
become effective within sixty days of adoption, in order to	951
continue the operation of a federally reimbursed program in this	952
state, so long as the proposed rule contains both of the	953
following:	954

(a) A statement that it is proposed for the purpose of	955
complying with a federal law or rule;	956

(b) A citation to the federal law or rule that requires	957
verbatim compliance.	958

If a rule or amendment is exempt from legislative review	959
under division (C)(2) of this section, and if the federal law or	960
rule pursuant to which the rule or amendment was adopted expires,	961
is repealed or rescinded, or otherwise terminates, the rule or	962
amendment, or its rescission, is thereafter subject to legislative	963
review under division (C) of this section.	964

(D) On the date and at the time and place designated in the	965
notice, the agency shall conduct a public hearing at which any	966
person affected by the proposed action of the agency may appear	967
and be heard in person, by the person's attorney, or both, may	968
present the person's position, arguments, or contentions, orally	969
or in writing, offer and examine witnesses, and present evidence	970
tending to show that the proposed rule, amendment, or rescission,	971
if adopted or effectuated, will be unreasonable or unlawful. An	972
agency may permit persons affected by the proposed rule,	973
amendment, or rescission to present their positions, arguments, or	974
contentions in writing, not only at the hearing, but also for a	975
reasonable period before, after, or both before and after the	976
hearing. A person who presents a position or arguments or	977
contentions in writing before or after the hearing is not required	978
to appear at the hearing.	979

At the hearing, the testimony shall be recorded. Such record	980
shall be made at the expense of the agency. The agency is required	981
to transcribe a record that is not sight readable only if a person	982
requests transcription of all or part of the record and agrees to	983
reimburse the agency for the costs of the transcription. An agency	984
may require the person to pay in advance all or part of the cost	985
of the transcription.	986

In any hearing under this section the agency may administer	987
oaths or affirmations.	988

(D)(E) After complying with divisions (A), (B), (C), and	989
(H)(D) of this section have been complied with, and when the time	990
for legislative review and invalidation under division (I) of this	991
sectionsections 106.02, 106.022, and 106.023 of the Revised Code	992
has expired without recommendation of a bill to invalidate the	993
proposed rule, amendment, or rescission, the agency may issue an	994
order adopting the proposed rule or the proposed amendment or	995
rescission of the rule, consistent with the synopsis or general	996
statement included in the public notice. At that time the agency	997
shall designate the effective date of the rule, amendment, or	998
rescission, which shall not be earlier than the tenth day after	999
the rule, amendment, or rescission has been filed in its final	1000
form as provided in section 119.04 of the Revised Code.	1001

(E)(F) Prior to the effective date of a rule, amendment, or	1002
rescission, the agency shall make a reasonable effort to inform	1003
those affected by the rule, amendment, or rescission and to have	1004
available for distribution to those requesting it the full text of	1005
the rule as adopted or as amended.	1006

(F)(G) If the governor, upon the request of an agency,	1007
determines that an emergency requires the immediate adoption,	1008
amendment, or rescission of a rule, the governor shall issue an	1009
order, the text of which shall be filed in electronic form with	1010
the agency, the secretary of state, the director of the	1011
legislative service commission, and the joint committee on agency	1012
rule review, that the procedure prescribed by this section with	1013
respect to the adoption, amendment, or rescission of a specified	1014
rule is suspended. The agency may then adopt immediately the	1015
emergency rule, amendment, or rescission and it becomes effective	1016
on the date the rule, amendment, or rescission, in final form and	1017
in compliance with division (A)(2) of section 119.04 of the	1018
Revised Code, is filed in electronic form with the secretary of	1019
state, the director of the legislative service commission, and the	1020
joint committee on agency rule review. If all filings are not	1021
completed on the same day, the emergency rule, amendment, or	1022
rescission shall be effective on the day on which the latest	1023
filing is completed. The director shall publish the full text of	1024
the emergency rule, amendment, or rescission in the register of	1025
Ohio.	1026

The emergency rule, amendment, or rescission shall become	1027
invalid at the end of the ninetiethone hundred twentieth day it	1028
is in effect. Prior to that date the agency may adopt the	1029
emergency rule, amendment, or rescission as a nonemergency rule,	1030
amendment, or rescission by complying with the procedure	1031
prescribed by this section for the adoption, amendment, and	1032
rescission of nonemergency rules. The agency shall not use the	1033
procedure of this division to readopt the emergency rule,	1034
amendment, or rescission so that, upon the emergency rule,	1035
amendment, or rescission becoming invalid under this division, the	1036
emergency rule, amendment, or rescission will continue in effect	1037
without interruption for another ninety-dayone hundred twenty-day	1038
period, except when division (I)(2)(a) of this section 106.02 of	1039
the Revised Code prevents the agency from adopting the emergency	1040
rule, amendment, or rescission as a nonemergency rule, amendment,	1041
or rescission within the ninety-dayone hundred twenty-day period.	1042

This division does not apply to the adoption of any emergency	1043
rule, amendment, or rescission by the tax commissioner under	1044
division (C)(2) of section 5117.02 of the Revised Code.	1045

(G)(H) Rules adopted by an authority within the department of	1046
job and family services for the administration or enforcement of	1047
Chapter 4141. of the Revised Code or of the department of taxation	1048
shall be effective without a hearing as provided by this section	1049
if the statutes pertaining to such agency specifically give a	1050
right of appeal to the board of tax appeals or to a higher	1051
authority within the agency or to a court, and also give the	1052
appellant a right to a hearing on such appeal. This division does	1053
not apply to the adoption of any rule, amendment, or rescission by	1054
the tax commissioner under division (C)(1) or (2) of section	1055
5117.02 of the Revised Code, or deny the right to file an action	1056
for declaratory judgment as provided in Chapter 2721. of the	1057
Revised Code from the decision of the board of tax appeals or of	1058
the higher authority within such agency.	1059

(H) When any agency files a proposed rule, amendment, or	1060
rescission under division (B) of this section, it shall also file	1061
in electronic form with the joint committee on agency rule review	1062
the full text of the proposed rule, amendment, or rule to be	1063
rescinded in the same form and the public notice required under	1064
division (A) of this section. (If in compliance with this division	1065
an agency files more than one proposed rule, amendment, or	1066
rescission at the same time, and has given a public notice under	1067
division (A) of this section that applies to more than one of the	1068
proposed rules, amendments, or rescissions, the agency shall file	1069
only one notice with the joint committee for all of the proposed	1070
rules, amendments, or rescissions to which the notice applies.) If	1071
the agency makes a substantive revision in a proposed rule,	1072
amendment, or rescission after it is filed with the joint	1073
committee, the agency shall promptly file the full text of the	1074
proposed rule, amendment, or rescission in its revised form in	1075
electronic form with the joint committee. The latest version of a	1076
proposed rule, amendment, or rescission as filed with the joint	1077
committee supersedes each earlier version of the text of the same	1078
proposed rule, amendment, or rescission. An agency shall file the	1079
rule summary and fiscal analysis prepared under section 127.18 of	1080
the Revised Code in electronic form along with a proposed rule,	1081
amendment, or rescission, and along with a proposed rule,	1082
amendment, or rescission in revised form, that is filed under this	1083
division. If a proposed rule, amendment, or rescission has an	1084
adverse impact on businesses, the agency also shall file the	1085
business impact analysis, any recommendations received from the	1086
common sense initiative office, and the agency's memorandum of	1087
response, if any, in electronic form along with the proposed rule,	1088
amendment, or rescission, or along with the proposed rule,	1089
amendment, or rescission in revised form, that is filed under this	1090
division.	1091

This division does not apply to:

1092

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

1093

(2) Any proposed rule, amendment, or rescission that must be	1094
adopted verbatim by an agency pursuant to federal law or rule, to	1095
become effective within sixty days of adoption, in order to	1096
continue the operation of a federally reimbursed program in this	1097
state, so long as the proposed rule contains both of the	1098
following:	1099

(a) A statement that it is proposed for the purpose of	1100
complying with a federal law or rule;	1101

(b) A citation to the federal law or rule that requires	1102
verbatim compliance.	1103

If a rule or amendment is exempt from legislative review	1104
under division (H)(2) of this section, and if the federal law or	1105
rule pursuant to which the rule or amendment was adopted expires,	1106
is repealed or rescinded, or otherwise terminates, the rule or	1107
amendment, or its rescission, is thereafter subject to legislative	1108
review under division (H) of this section.	1109

(I)(1) The joint committee on agency rule review may	1110
recommend the adoption of a concurrent resolution invalidating a	1111
proposed rule, amendment, rescission, or part thereof if it finds	1112
any of the following:	1113

(a) That the rule-making agency has exceeded the scope of its	1114
statutory authority in proposing the rule, amendment, or	1115
rescission;	1116

(b) That the proposed rule, amendment, or rescission	1117
conflicts with another rule, amendment, or rescission adopted by	1118
the same or a different rule-making agency;	1119

(c) That the proposed rule, amendment, or rescission	1120
conflicts with the legislative intent in enacting the statute	1121
under which the rule-making agency proposed the rule, amendment,	1122
or rescission;	1123

(d) That the rule-making agency has failed to prepare a	1124
complete and accurate rule summary and fiscal analysis of the	1125
proposed rule, amendment, or rescission as required by section	1126
127.18 of the Revised Code;	1127

(e) That the proposed rule, amendment, or rescission	1128
incorporates a text or other material by reference and either the	1129
rule-making agency has failed to file the text or other material	1130
incorporated by reference as required by section 121.73 of the	1131
Revised Code or, in the case of a proposed rule or amendment, the	1132
incorporation by reference fails to meet the standards stated in	1133
section 121.72, 121.75, or 121.76 of the Revised Code;	1134

(f) That the rule-making agency has failed to demonstrate	1135
through the business impact analysis, recommendations from the	1136
common sense initiative office, and the memorandum of response the	1137
agency has filed under division (H) of this section that the	1138
regulatory intent of the proposed rule, amendment, or rescission	1139
justifies its adverse impact on businesses in this state.	1140

The joint committee shall not hold its public hearing on a	1141
proposed rule, amendment, or rescission earlier than the	1142
forty-first day after the original version of the proposed rule,	1143
amendment, or rescission was filed with the joint committee.	1144

The house of representatives and senate may adopt a	1145
concurrent resolution invalidating a proposed rule, amendment,	1146
rescission, or part thereof. The concurrent resolution shall state	1147
which of the specific rules, amendments, rescissions, or parts	1148
thereof are invalidated. A concurrent resolution invalidating a	1149
proposed rule, amendment, or rescission shall be adopted not later	1150
than the sixty-fifth day after the original version of the text of	1151
the proposed rule, amendment, or rescission is filed with the	1152
joint committee, except that if more than thirty-five days after	1153
the original version is filed the rule-making agency either files	1154
a revised version of the text of the proposed rule, amendment, or	1155
rescission, or revises the rule summary and fiscal analysis in	1156
accordance with division (I)(4) of this section, a concurrent	1157
resolution invalidating the proposed rule, amendment, or	1158
rescission shall be adopted not later than the thirtieth day after	1159
the revised version of the proposed rule or rule summary and	1160
fiscal analysis is filed. If, after the joint committee on agency	1161
rule review recommends the adoption of a concurrent resolution	1162
invalidating a proposed rule, amendment, rescission, or part	1163
thereof, the house of representatives or senate does not, within	1164
the time remaining for adoption of the concurrent resolution, hold	1165
five floor sessions at which its journal records a roll call vote	1166
disclosing a sufficient number of members in attendance to pass a	1167
bill, the time within which that house may adopt the concurrent	1168
resolution is extended until it has held five such floor sessions.	1169

Within five days after the adoption of a concurrent	1170
resolution invalidating a proposed rule, amendment, rescission, or	1171
part thereof, the clerk of the senate shall send the rule-making	1172
agency, the secretary of state, and the director of the	1173
legislative service commission in electronic form a certified text	1174
of the resolution together with a certification stating the date	1175
on which the resolution takes effect. The secretary of state and	1176
the director of the legislative service commission shall each note	1177
the invalidity of the proposed rule, amendment, rescission, or	1178
part thereof, and shall each remove the invalid proposed rule,	1179
amendment, rescission, or part thereof from the file of proposed	1180
rules. The rule-making agency shall not proceed to adopt in	1181
accordance with division (D) of this section, or to file in	1182
accordance with division (B)(1) of section 111.15 of the Revised	1183
Code, any version of a proposed rule, amendment, rescission, or	1184
part thereof that has been invalidated by concurrent resolution.	1185

Unless the house of representatives and senate adopt a	1186
concurrent resolution invalidating a proposed rule, amendment,	1187
rescission, or part thereof within the time specified by this	1188
division, the rule-making agency may proceed to adopt in	1189
accordance with division (D) of this section, or to file in	1190
accordance with division (B)(1) of section 111.15 of the Revised	1191
Code, the latest version of the proposed rule, amendment, or	1192
rescission as filed with the joint committee. If by concurrent	1193
resolution certain of the rules, amendments, rescissions, or parts	1194
thereof are specifically invalidated, the rule-making agency may	1195
proceed to adopt, in accordance with division (D) of this section,	1196
or to file in accordance with division (B)(1) of section 111.15 of	1197
the Revised Code, the latest version of the proposed rules,	1198
amendments, rescissions, or parts thereof as filed with the joint	1199
committee that are not specifically invalidated. The rule-making	1200
agency may not revise or amend any proposed rule, amendment,	1201
rescission, or part thereof that has not been invalidated except	1202
as provided in this chapter or in section 111.15 of the Revised	1203
Code.	1204

(2)(a) A proposed rule, amendment, or rescission that is	1205
filed with the joint committee under division (H) of this section	1206
or division (D) of section 111.15 of the Revised Code shall be	1207
carried over for legislative review to the next succeeding regular	1208
session of the general assembly if the original or any revised	1209
version of the proposed rule, amendment, or rescission is filed	1210
with the joint committee on or after the first day of December of	1211
any year.	1212

(b) The latest version of any proposed rule, amendment, or	1213
rescission that is subject to division (I)(2)(a) of this section,	1214
as filed with the joint committee, is subject to legislative	1215
review and invalidation in the next succeeding regular session of	1216
the general assembly in the same manner as if it were the original	1217
version of a proposed rule, amendment, or rescission that had been	1218
filed with the joint committee for the first time on the first day	1219
of the session. A rule-making agency shall not adopt in accordance	1220
with division (D) of this section, or file in accordance with	1221
division (B)(1) of section 111.15 of the Revised Code, any version	1222
of a proposed rule, amendment, or rescission that is subject to	1223
division (I)(2)(a) of this section until the time for legislative	1224
review and invalidation, as contemplated by division (I)(2)(b) of	1225
this section, has expired.	1226

(3) Invalidation of any version of a proposed rule,	1227
amendment, rescission, or part thereof by concurrent resolution	1228
shall prevent the rule-making agency from instituting or	1229
continuing proceedings to adopt any version of the same proposed	1230
rule, amendment, rescission, or part thereof for the duration of	1231
the general assembly that invalidated the proposed rule,	1232
amendment, rescission, or part thereof unless the same general	1233
assembly adopts a concurrent resolution permitting the rule-making	1234
agency to institute or continue such proceedings.	1235

The failure of the general assembly to invalidate a proposed	1236
rule, amendment, rescission, or part thereof under this section	1237
shall not be construed as a ratification of the lawfulness or	1238
reasonableness of the proposed rule, amendment, rescission, or any	1239
part thereof or of the validity of the procedure by which the	1240
proposed rule, amendment, rescission, or any part thereof was	1241
proposed or adopted.	1242

(4) In lieu of recommending a concurrent resolution to	1243
invalidate a proposed rule, amendment, rescission, or part thereof	1244
because the rule-making agency has failed to prepare a complete	1245
and accurate fiscal analysis, the joint committee on agency rule	1246
review may issue, on a one-time basis, for rules, amendments,	1247
rescissions, or parts thereof that have a fiscal effect on school	1248
districts, counties, townships, or municipal corporations, a	1249
finding that the rule summary and fiscal analysis is incomplete or	1250
inaccurate and order the rule-making agency to revise the rule	1251
summary and fiscal analysis and refile it with the proposed rule,	1252
amendment, rescission, or part thereof. If an emergency rule is	1253
filed as a nonemergency rule before the end of the ninetieth day	1254
of the emergency rule's effectiveness, and the joint committee	1255
issues a finding and orders the rule-making agency to refile under	1256
division (I)(4) of this section, the governor may also issue an	1257
order stating that the emergency rule shall remain in effect for	1258
an additional sixty days after the ninetieth day of the emergency	1259
rule's effectiveness. The governor's orders shall be filed in	1260
accordance with division (F) of this section. The joint committee	1261
shall send in electronic form to the rule-making agency, the	1262
secretary of state, and the director of the legislative service	1263
commission a certified text of the finding and order to revise the	1264
rule summary and fiscal analysis, which shall take immediate	1265
effect.	1266

An order issued under division (I)(4) of this section shall	1267
prevent the rule-making agency from instituting or continuing	1268
proceedings to adopt any version of the proposed rule, amendment,	1269
rescission, or part thereof until the rule-making agency revises	1270
the rule summary and fiscal analysis and refiles it in electronic	1271
form with the joint committee along with the proposed rule,	1272
amendment, rescission, or part thereof. If the joint committee	1273
finds the rule summary and fiscal analysis to be complete and	1274
accurate, the joint committee shall issue a new order noting that	1275
the rule-making agency has revised and refiled a complete and	1276
accurate rule summary and fiscal analysis. The joint committee	1277
shall send in electronic form to the rule-making agency, the	1278
secretary of state, and the director of the legislative service	1279
commission a certified text of this new order. The secretary of	1280
state and the director of the legislative service commission shall	1281
each link this order to the proposed rule, amendment, rescission,	1282
or part thereof. The rule-making agency may then proceed to adopt	1283
in accordance with division (D) of this section, or to file in	1284
accordance with division (B)(1) of section 111.15 of the Revised	1285
Code, the proposed rule, amendment, rescission, or part thereof	1286
that was subject to the finding and order under division (I)(4) of	1287
this section. If the joint committee determines that the revised	1288
rule summary and fiscal analysis is still inaccurate or	1289
incomplete, the joint committee shall recommend the adoption of a	1290
concurrent resolution in accordance with division (I)(1) of this	1291
section.	1292

Sec. 119.04.  (A)(1) Any rule adopted by any agency shall be	1293
effective on the tenth day after the day on which the rule in	1294
final form and in compliance with division (A)(2) of this section	1295
is filed as follows:	1296

(a) The rule shall be filed in electronic form with both the	1297
secretary of state and the director of the legislative service	1298
commission;	1299

(b) The rule shall be filed in electronic form with the joint	1300
committee on agency rule review. Division (A)(1)(b) of this	1301
section does not apply to any rule to which division (H)(C) of	1302
section 119.03 of the Revised Code does not apply.	1303

If all filings are not completed on the same day, the rule	1304
shall be effective on the tenth day after the day on which the	1305
latest filing is completed. If an agency in adopting a rule	1306
designates an effective date that is later than the effective date	1307
provided for by this division, the rule if filed as required by	1308
this division shall become effective on the later date designated	1309
by the agency.	1310

An agency that adopts or amends a rule that is subject to	1311
division (H) of section 119.03106.03 of the Revised Code shall	1312
assign a review date to the rule that is not later than five years	1313
after its effective date. If no review date is assigned to a rule,	1314
or if a review date assigned to a rule exceeds the five-year	1315
maximum, the review date for the rule is five years after its	1316
effective date. A rule with a review date is subject to review	1317
under section 119.032106.03 of the Revised Code. This paragraph	1318
does not apply to the department of taxation.	1319

(2) The agency shall file the rule in compliance with the	1320
following standards and procedures:	1321

(a) The rule shall be numbered in accordance with the	1322
numbering system devised by the director for the Ohio	1323
administrative code.	1324

(b) The rule shall be prepared and submitted in compliance	1325
with the rules of the legislative service commission.	1326

(c) The rule shall clearly state the date on which it is to	1327
be effective and the date on which it will expire, if known.	1328

(d) Each rule that amends or rescinds another rule shall	1329
clearly refer to the rule that is amended or rescinded. Each	1330
amendment shall fully restate the rule as amended.	1331

If the director of the legislative service commission or the	1332
director's designee gives an agency notice pursuant to section	1333
103.05 of the Revised Code that a rule filed by the agency is not	1334
in compliance with the rules of the commission, the agency shall	1335
within thirty days after receipt of the notice conform the rule to	1336
the rules of the commission as directed in the notice.	1337

(3) As used in this section, "rule" includes an amendment or	1338
rescission of a rule.	1339

(B) The secretary of state and the director shall preserve	1340
the rules filed under division (A)(1)(a) of this section in an	1341
accessible manner. Each such rule shall be a public record open to	1342
public inspection and may be transmitted to any law publishing	1343
company that wishes to reproduce it.	1344

Any rule that has been adopted in compliance with section	1345
119.03 of the Revised Code and that is in effect before January 1,	1346
1977, may be divided into sections, numbered, provided with a	1347
subject heading, and filed with the secretary of state and the	1348
director to comply with the provisions of this section without	1349
carrying out the adoption procedure required by section 119.03 of	1350
the Revised Code. The codification of existing rules to comply	1351
with this section shall not constitute adoption, amendment, or	1352
rescission.	1353

Sec. 121.39.  (A) As used in this section, "environmental	1354
protection" means any of the following:	1355

(1) Protection of human health or safety, biological	1356
resources, or natural resources by preventing, reducing, or	1357
remediating the pollution or degradation of air, land, or water	1358
resources or by preventing or limiting the exposure of humans,	1359
animals, or plants to pollution;	1360

(2) Appropriation or regulation of privately owned property	1361
to preserve air, land, or water resources in a natural state or to	1362
wholly or partially restore them to a natural state;	1363

(3) Regulation of the collection, management, treatment,	1364
reduction, storage, or disposal of solid, hazardous, radioactive,	1365
or other wastes;	1366

(4) Plans or programs to promote or regulate the	1367
conservation, recycling, or reuse of energy, materials, or wastes.	1368

(B) Except as otherwise provided in division (E) of this	1369
section, when proposed legislation dealing with environmental	1370
protection or containing a component dealing with environmental	1371
protection is referred to a committee of the general assembly,	1372
other than a committee on rules or reference, the sponsor of the	1373
legislation, at the time of the first hearing of the legislation	1374
before the committee, shall submit to the members of the committee	1375
a written statement identifying either the documentation that is	1376
the basis of the legislation or the federal requirement or	1377
requirements with which the legislation is intended to comply. If	1378
the legislation is not based on documentation or has not been	1379
introduced to comply with a federal requirement or requirements,	1380
the written statement from the sponsor shall so indicate.	1381

Also at the time of the first hearing of the legislation	1382
before the committee, a statewide organization that represents	1383
businesses in this state and that elects its board of directors	1384
may submit to the members of the committee a written estimate of	1385
the costs to the regulated community in this state of complying	1386
with the legislation if it is enacted.	1387

At any hearing of the legislation before the committee, a	1388
representative of any state agency, environmental advocacy	1389
organization, or consumer advocacy organization or any private	1390
citizen may present documentation containing an estimate of the	1391
monetary and other costs to public health and safety and the	1392
environment and to consumers and residential utility customers,	1393
and the effects on property values, if the legislation is not	1394
enacted.	1395

(C) Until such time as the statement required under division	1396
(B) of this section is submitted to the committee to which	1397
proposed legislation dealing with environmental protection or	1398
containing a component dealing with environmental protection was	1399
referred, the legislation shall not be reported by that committee.	1400
This requirement does not apply if the component dealing with	1401
environmental protection is removed from the legislation or if	1402
two-thirds of the members of the committee vote in favor of a	1403
motion to report the proposed legislation.	1404

(D) Except as otherwise provided in division (E) of this	1405
section, prior to adopting a rule or an amendment proposed to a	1406
rule dealing with environmental protection or containing a	1407
component dealing with environmental protection, a state agency	1408
shall do all of the following:	1409

(1) Consult with organizations that represent political	1410
subdivisions, environmental interests, business interests, and	1411
other persons affected by the proposed rule or amendment;	1412

(2) Consider documentation relevant to the need for, the	1413
environmental benefits or consequences of, other benefits of, and	1414
the technological feasibility of the proposed rule or amendment;	1415

(3) Specifically identify whether the proposed rule or	1416
amendment is being adopted or amended to enable the state to	1417
obtain or maintain approval to administer and enforce a federal	1418
environmental law or to participate in a federal environmental	1419
program, whether the proposed rule or amendment is more stringent	1420
than its federal counterpart, and, if the proposed rule or	1421
amendment is more stringent, the rationale for not incorporating	1422
its federal counterpart;	1423

(4) Include with the proposed rule or amendment and the rule	1424
summary and fiscal analysis required under section 127.18 of the	1425
Revised Code, when they are filed with the joint committee on	1426
agency rule review in accordance with division (D) of section	1427
111.15 or division (H)(C) of section 119.03 of the Revised Code,	1428
one of the following in electronic form, as applicable:	1429

(a) The information identified under division (D)(3) of this	1430
section and, if the proposed rule or amendment is more stringent	1431
than its federal counterpart, as identified in that division, the	1432
documentation considered under division (D)(2) of this section;	1433

(b) If an amendment proposed to a rule is being adopted or	1434
amended under a state statute that establishes standards with	1435
which the amendment shall comply, and the proposed amendment is	1436
more stringent than the rule that it is proposing to amend, the	1437
documentation considered under division (D)(2) of this section;	1438

(c) If division (D)(4)(a) or (b) of this section is not	1439
applicable, the documentation considered under division (D)(2) of	1440
this section.	1441

If the agency subsequently files a revision of such a	1442
proposed rule or amendment in accordance with division (D) of	1443
section 111.15 or division (H)(C) of section 119.03 of the Revised	1444
Code, the revision shall be accompanied in electronic form by the	1445
applicable information or documentation.	1446

Division (D) of this section does not apply to any emergency	1447
rule adopted under division (B)(2) of section 111.15 or division	1448
(F)(G) of section 119.03 of the Revised Code, but does apply to	1449
any such rule that subsequently is adopted as a nonemergency rule	1450
under either of those divisions.	1451

The information or documentation submitted under division	1452
(D)(4) of this section may be in the form of a summary or index of	1453
available knowledge or information and shall consist of or be	1454
based upon the best available generally accepted knowledge or	1455
information in the appropriate fields, as determined by the agency	1456
that prepared the documentation.	1457

(E) The statement required under division (B) and the	1458
information or documentation required under division (D) of this	1459
section need not be prepared or submitted with regard to a	1460
proposed statute or rule, or an amendment to a rule, if the	1461
statute, rule, or amendment is procedural or budgetary in nature,	1462
or governs the organization or operation of a state agency, and	1463
will not affect the substantive rights or obligations of any	1464
person other than a state agency or an employee or contractor of a	1465
state agency.	1466

(F) The insufficiency, incompleteness, or inadequacy of a	1467
statement, information, documentation, or a summary of information	1468
or documentation provided in accordance with division (B) or (D)	1469
of this section shall not be grounds for invalidation of any	1470
statute, rule, or amendment to a rule.	1471

(G) This section applies only to the following:

1472

(1) Legislation and components of legislation dealing with	1473
environmental protection that are introduced in the general	1474
assembly after March 5, 1996;	1475

(2) Rules and rule amendments dealing with environmental	1476
protection that are filed with the joint committee on agency rule	1477
review in accordance with division (D) of section 111.15 or	1478
division (H)(C) of section 119.03 of the Revised Code after March	1479
5, 1996.	1480

Sec. 121.73.  As used in this section, "rule" has the same	1481
meaning as in section 121.71 of the Revised Code and also includes	1482
the rescission of an existing rule.	1483

(A) When an agency files the original or a revised version of	1484
a rule in proposed form under division (D) of section 111.15 or	1485
division (H)(C) of section 119.03, or a rule for review under	1486
section 119.032106.03 of the Revised Code, that incorporates a	1487
text or other material by reference, the agency also shall file in	1488
electronic form, one complete and accurate copy of the text or	1489
other material incorporated by reference with the joint committee	1490
on agency rule review. An agency is not, however, required to file	1491
a text or other material incorporated by reference with the joint	1492
committee if the agency revises a rule in proposed form that	1493
incorporates a text or other material by reference and the	1494
incorporation by reference in the revised version of the rule is	1495
identical to the incorporation by reference in the preceding	1496
version of the rule.	1497

If it is infeasible for the agency to file a text or other	1498
material incorporated by reference electronically, the agency, as	1499
soon as possible, but not later than three days after completing	1500
the electronic filing, shall deliver one complete and accurate	1501
copy of the text or other material incorporated by reference to	1502
the joint committee, and shall attach a memorandum to the text or	1503
other material identifying the filing to which it relates.	1504

An agency is not required to file a text or other material	1505
incorporated by reference into a rule that is proposed for	1506
rescission if it is infeasible for the agency to do so.	1507

An agency shall not file a copy of a text or other material	1508
incorporated by reference with the secretary of state or with the	1509
director of the legislative service commission.	1510

(B) Upon completing its review of a rule in proposed form, or	1511
its review of a rule, that incorporates a text or other material	1512
by reference, the joint committee shall forward its copy of the	1513
text or other material incorporated by reference to the director	1514
of the legislative service commission. The director shall maintain	1515
a file of texts and other materials that are or were incorporated	1516
by reference into rules.	1517

Sec. 121.74. As used in this section, "rule" has the same	1518
meaning as in section 121.71 of the Revised Code and also includes	1519
the rescission of an existing rule.	1520

When an agency files a rule in final form under division	1521
(B)(1) of section 111.15,or division (A)(1) of section 119.04,	1522
division (B)(1) of section 4141.14, or division (A) of section	1523
5703.14 of the Revised Code that incorporates or incorporated a	1524
text or other material by reference, the agency, prior to the	1525
effective date of the rule, shall either:	1526

(A) Deposit one complete and accurate copy of the text or	1527
other material incorporated by reference in each of the five	1528
depository libraries designated by the state library board; or	1529

(B) Display a complete and accurate copy of the text or other	1530
material incorporated by reference on a web site maintained or	1531
made available by the agency.	1532

An agency is not required to comply with this section if the	1533
text or other material incorporated by reference is identical to a	1534
text or other material the agency, at the time compliance with	1535
this section otherwise would be required, already is depositing or	1536
displaying under this section.	1537

Sec. 121.81. As used in sections 121.81 to 121.83 of the	1538
Revised Code:	1539

(A) "Agency" means a state agency that is required to file	1540
proposed rules for legislative review under division (D) of	1541
section 111.15 or division (H)(C) of section 119.03 of the Revised	1542
Code. "Agency" does not include the offices of governor,	1543
lieutenant governor, auditor of state, secretary of state,	1544
treasurer of state, or attorney general.	1545

(B) "Draft rule" means any newly proposed rule and any	1546
proposed amendment, adoption, or rescission of a rule prior to the	1547
filing of that rule for legislative review under division (D) of	1548
section 111.15 or division (H)(C) of section 119.03 of the Revised	1549
Code and includes a proposed amendment, adoption, or rescission of	1550
a rule in both its original and any revised form. "Draft rule"	1551
does not include an emergency rule adopted under division (B)(2)	1552
of section 111.15 or division (F)(G) of section 119.03 of the	1553
Revised Code, but does include a rule that is proposed to replace	1554
an emergency rule that expires under those divisions.	1555

Sections 121.81 to 121.83 and 121.91 of the Revised Code are	1556
complementary to sections 107.51 to 107.55 and 107.61 to 107.63 of	1557
the Revised Code.	1558

Sec. 121.82.  In the course of developing a draft rule that	1559
is intended to be proposed under division (D) of section 111.15 or	1560
division (H)(C) of section 119.03 of the Revised Code, an agency	1561
shall:	1562

(A) Evaluate the draft rule against the business impact	1563
analysis instrument. If, based on that evaluation, the draft rule	1564
will not have an adverse impact on businesses, the agency may	1565
proceed with the rule-filing process. If the evaluation determines	1566
that the draft rule will have an adverse impact on businesses, the	1567
agency shall incorporate features into the draft rule that will	1568
eliminate or adequately reduce any adverse impact the draft rule	1569
might have on businesses;	1570

(B) Prepare a business impact analysis that describes its	1571
evaluation of the draft rule against the business impact analysis	1572
instrument, that identifies any features that were incorporated	1573
into the draft rule as a result of the evaluation, and that	1574
explains how those features, if there were any, eliminate or	1575
adequately reduce any adverse impact the draft rule might have on	1576
businesses;	1577

(C) Transmit a copy of the full text of the draft rule and	1578
the business impact analysis electronically to the common sense	1579
initiative office, which information shall be made available to	1580
the public on the office's web site in accordance with section	1581
107.62 of the Revised Code;	1582

(D) Consider any recommendations made by the common sense	1583
initiative office with regard to the draft rule, and either	1584
incorporate into the draft rule features the recommendations	1585
suggest will eliminate or reduce any adverse impact the draft rule	1586
might have on businesses or document, in writing, the reasons	1587
those recommendations are not being incorporated into the draft	1588
rule; and	1589

(E) Prepare a memorandum of response identifying features	1590
suggested by any recommendations that were incorporated into the	1591
draft rule and features suggested by any recommendations that were	1592
not incorporated into the draft rule, explaining how the features	1593
that were incorporated into the draft rule eliminate or reduce any	1594
adverse impact the draft rule might have on businesses, and	1595
explaining why the features that were not incorporated into the	1596
draft rule were not incorporated.	1597

An agency may not file a proposed rule for legislative review	1598
under division (D) of section 111.15 or division (H)(C) of section	1599
119.03 of the Revised Code earlier than the sixteenth business day	1600
after electronically transmitting the draft rule to the common	1601
sense initiative office.	1602

Sec. 121.83.  (A) When an agency files a proposed rule for	1603
legislative review under division (D) of section 111.15 of the	1604
Revised Code or division (H) of section 119.03 of the Revised	1605
Code, the agency electronically shall file one copy of the	1606
business impact analysis, any recommendations received from the	1607
common sense initiative office, and the agency's memorandum of	1608
response, if any, along with the proposed rule.	1609

(B)(1) The joint committee on agency rule review does not	1610
have jurisdiction to review, and shall reject, the filing of a	1611
proposed rule if, at any time while the proposed rule is in its	1612
possession, it discovers that the proposed rule might have an	1613
adverse impact on businesses and the agency has not included with	1614
the filing a business impact analysis or has included a business	1615
impact analysis that is inadequately prepared. The joint committee	1616
electronically shall return a filing that is rejected to the	1617
agency. Such a rejection does not preclude the agency from	1618
refiling the proposed rule after complying with section 121.82 of	1619
the Revised Code. When a filing is rejected under this division,	1620
it is as if the filing had not been made.	1621

(2) If the last previously filed version of a proposed rule,	1622
the filing of a later version of which has been rejected by the	1623
joint committee, remains in the possession of the joint committee,	1624
and if the time for legislative review of that previously filed	1625
version has expired, or if fewer than thirty days remain before	1626
the time for legislative review of that previously filed version	1627
expires, then the time for legislative review of that previously	1628
filed version is revived or extended, and recommendation of a bill	1629
to invalidate that previously filed version may be adopted not	1630
later than the sixty-fifth day after the day on which the filing	1631
of the later version of the proposed rule was rejected. This	1632
deadline is subject to extension under section 106.02 of the	1633
Revised Code.	1634

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

1635

(1) "Rule-making agencyAgency" has the same meaning as	1636
defined in division (I) of section 119.01106.01 of the Revised	1637
Code.	1638

(2) "Rule" includes the adoption, amendment, or rescission of	1639
a rule.	1640

(3) "Proposed rule" means the original version of a proposed	1641
rule, and each revised version of the same proposed rule, that is	1642
filed with the joint committee on agency rule review under	1643
division (D) of section 111.15 or division (H)(C) of section	1644
119.03 of the Revised Code.	1645

(B) A rule-makingAn agency shall prepare, in the form	1646
prescribed by the joint committee on agency rule review under	1647
division (E) of this section, a complete and accurate rule summary	1648
and fiscal analysis of each proposed rule that it files under	1649
division (D) of section 111.15 or division (H)(C) of section	1650
119.03 of the Revised Code. The rule summary and fiscal analysis	1651
shall include all of the following information:	1652

(1) The name, address, and telephone number of the	1653
rule-making agency, and the name and, telephone number, and	1654
electronic mail address of an individual or office within the	1655
agency designated by that agency to be responsible for	1656
coordinating and making available information in the possession of	1657
the agency regarding the proposed rule;	1658

(2) The Ohio Administrative Code rule number of the proposed	1659
rule;	1660

(3) A brief summary of, and the legal basis for, the proposed	1661
rule, including citations identifying the statute that prescribes	1662
the procedure in accordance with which the rule-making agency is	1663
required to adopt the proposed rule, the statute that authorizes	1664
the agency to adopt the proposed rule, and the statute that the	1665
agency intends to amplify or implement by adopting the proposed	1666
rule;	1667

(4) An estimate, in dollars, of the amount by which the	1668
proposed rule would increase or decrease revenues or expenditures	1669
during the current biennium;	1670

(5) A citation identifying the appropriation that authorizes	1671
each expenditure that would be necessitated by the proposed rule;	1672

(6) A summary of the estimated cost of compliance with the	1673
rule to all directly affected persons;	1674

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

1675

(8) If the rule has a fiscal effect on school districts,	1676
counties, townships, or municipal corporations, an estimate in	1677
dollars of the cost of compliance with the rule, or, if dollar	1678
amounts cannot be determined, a written explanation of why it was	1679
not possible to ascertain dollar amounts;	1680

(9) If the rule has a fiscal effect on school districts,	1681
counties, townships, or municipal corporations and is the result	1682
of a federal requirement, a clear explanation that the proposed	1683
state rule does not exceed the scope and intent of the	1684
requirement, or, if the state rule does exceed the minimum	1685
necessary federal requirement, a justification of the excess cost,	1686
and an estimate of the costs, including those costs for local	1687
governments, exceeding the federal requirement;	1688

(10) If the rule has a fiscal effect on school districts,	1689
counties, townships, or municipal corporations, a comprehensive	1690
cost estimate that includes the procedure and method of	1691
calculating the costs of compliance and identifies major cost	1692
categories including personnel costs, new equipment or other	1693
capital costs, operating costs, and indirect central service costs	1694
related to the rule. The fiscal analysis shall also include a	1695
written explanation of the agency's and the affected local	1696
government's ability to pay for the new requirements and a	1697
statement of any impact the rule will have on economic	1698
development.	1699

(11) If the rule incorporates a text or other material by	1700
reference, and the agency claims the incorporation by reference is	1701
exempt from compliance with sections 121.71 to 121.74 of the	1702
Revised Code because the text or other material is generally	1703
available to persons who reasonably can be expected to be affected	1704
by the rule, an explanation of how the text or other material is	1705
generally available to those persons;	1706

(12) If the rule incorporates a text or other material by	1707
reference, and it was infeasible for the agency to file the text	1708
or other material electronically, an explanation of why filing the	1709
text or other material electronically was infeasible;	1710

(13) If the rule is being rescinded and incorporates a text	1711
or other material by reference, and it was infeasible for the	1712
agency to file the text or other material, an explanation of why	1713
filing the text or other material was infeasible;	1714

(14) Any other information the joint committee on agency rule	1715
review considers necessary to make the proposed rule or the fiscal	1716
effect of the proposed rule fully understandable.	1717

(C) The rule-making agency shall file the rule summary and	1718
fiscal analysis in electronic form along with the proposed rule	1719
that it files under divisionsdivision (D) and (E) of section	1720
111.15 or divisions (B) and (H)(C) of section 119.03 of the	1721
Revised Code. The joint committee on agency rule review shall not	1722
accept any proposed rule for filing unless a copy of the rule	1723
summary and fiscal analysis of the proposed rule, completely and	1724
accurately prepared, is filed along with the proposed rule.	1725

(D) The joint committee on agency rule review shall review	1726
the fiscal effect of each proposed rule that is filed under	1727
division (D) of section 111.15 or division (H)(C) of section	1728
119.03 of the Revised Code.	1729

(E) The joint committee on agency rule review shall prescribe	1730
the form in which each rule-making agency shall prepare its rule	1731
summary and fiscal analysis of a proposed rule.	1732

(F) This section does not require the auditor of state or the	1733
auditor of state's designee to prepare or attach a rule summary	1734
and fiscal analysis to any copy of a rule proposed under section	1735
117.12, 117.19, 117.38, or 117.43 of the Revised Code.	1736

Sec. 1531.08.  In conformity with Section 36 of Article II,	1737
Ohio Constitution, providing for the passage of laws for the	1738
conservation of the natural resources of the state, including	1739
streams, lakes, submerged lands, and swamplands, and in conformity	1740
with this chapter and Chapter 1533. of the Revised Code, the chief	1741
of the division of wildlife has authority and control in all	1742
matters pertaining to the protection, preservation, propagation,	1743
possession, and management of wild animals and may adopt rules	1744
under section 1531.10 of the Revised Code for the management of	1745
wild animals. Notwithstanding division (B) of section 119.03 of	1746
the Revised Code, such rules in proposed form shall be filed under	1747
this section. Each year there shall be a public fish hearing and	1748
public game hearing. The results of the investigation and public	1749
hearing shall be filed in the office of the chief and shall be	1750
kept open for public inspection during all regular office hours.	1751
Modifying or rescinding such rules does not require a public	1752
hearing.	1753

The chief may adopt, amend, rescind, and enforce rules	1754
throughout the state or in any part or waters thereof as provided	1755
by sections 1531.08 to 1531.12 and other sections of the Revised	1756
Code. The rules shall be filed in proposed form and available at	1757
the central wildlife office and at each of the wildlife district	1758
offices, including the Lake Erie unit located at Sandusky, at	1759
least thirty days prior to the date of the hearing required by	1760
division (C)(D) of section 119.03 of the Revised Code. The rules	1761
shall be based upon a public hearing and investigation of the best	1762
available biological information derived from professionally	1763
accepted practices in wildlife and fisheries management.	1764

Each rule adopted under this section shall clearly and	1765
distinctly describe and set forth the waters or area or part	1766
thereof affected by the rule and whether the rule is applicable to	1767
all wild animals or only to certain kinds of species designated	1768
therein.	1769

The chief may regulate any of the following:

1770

(A) Taking and possessing wild animals, at any time and place	1771
or in any number, quantity, or length, and in any manner, and with	1772
such devices as hethe chief prescribes;	1773

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

1774

(C) Buying, selling, offering for sale, or exposing for sale	1775
any such animal or part thereof;	1776

(D) Taking, possessing, transporting, buying, selling,	1777
offering for sale, and exposing for sale commercial fish or any	1778
part thereof, including species taken, length, weight, method of	1779
taking, mesh sizes, specifications of nets and other fishing	1780
devices, seasons, and time and place of taking.	1781

When the chief increases the size of a fish named in section	1782
1533.63 of the Revised Code, any fish that were legally taken,	1783
caught, or possessed prior to the increase may be possessed after	1784
the increase if the possession of the fish has been reported to	1785
the chief prior to the increase, but on or after the date of the	1786
increase the fish may not be sold to a buyer in this state.	1787

Sec. 3319.22.  (A)(1) The state board of education shall	1788
issue the following educator licenses:	1789

(a) A resident educator license, which shall be valid for	1790
four years, except that the state board, on a case-by-case basis,	1791
may extend the license's duration as necessary to enable the	1792
license holder to complete the Ohio teacher residency program	1793
established under section 3319.223 of the Revised Code;	1794

(b) A professional educator license, which shall be valid for	1795
five years and shall be renewable;	1796

(c) A senior professional educator license, which shall be	1797
valid for five years and shall be renewable;	1798

(d) A lead professional educator license, which shall be	1799
valid for five years and shall be renewable.	1800

(2) The state board may issue any additional educator	1801
licenses of categories, types, and levels the board elects to	1802
provide.	1803

(3) The state board shall adopt rules establishing the	1804
standards and requirements for obtaining each educator license	1805
issued under this section.	1806

(B) The rules adopted under this section shall require at	1807
least the following standards and qualifications for the educator	1808
licenses described in division (A)(1) of this section:	1809

(1) An applicant for a resident educator license shall hold	1810
at least a bachelor's degree from an accredited teacher	1811
preparation program or be a participant in the teach for America	1812
program and meet the qualifications required under section	1813
3319.227 of the Revised Code.	1814

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

1815

(a) Hold at least a bachelor's degree from an institution of	1816
higher education accredited by a regional accrediting	1817
organization;	1818

(b) Have successfully completed the Ohio teacher residency	1819
program established under section 3319.223 of the Revised Code, if	1820
the applicant's current or most recently issued license is a	1821
resident educator license issued under this section or an	1822
alternative resident educator license issued under section 3319.26	1823
of the Revised Code.	1824

(3) An applicant for a senior professional educator license	1825
shall:	1826

(a) Hold at least a master's degree from an institution of	1827
higher education accredited by a regional accrediting	1828
organization;	1829

(b) Have previously held a professional educator license	1830
issued under this section or section 3319.222 or under former	1831
section 3319.22 of the Revised Code;	1832

(c) Meet the criteria for the accomplished or distinguished	1833
level of performance, as described in the standards for teachers	1834
adopted by the state board under section 3319.61 of the Revised	1835
Code.	1836

(4) An applicant for a lead professional educator license	1837
shall:	1838

(a) Hold at least a master's degree from an institution of	1839
higher education accredited by a regional accrediting	1840
organization;	1841

(b) Have previously held a professional educator license or a	1842
senior professional educator license issued under this section or	1843
a professional educator license issued under section 3319.222 or	1844
former section 3319.22 of the Revised Code;	1845

(c) Meet the criteria for the distinguished level of	1846
performance, as described in the standards for teachers adopted by	1847
the state board under section 3319.61 of the Revised Code;	1848

(d) Either hold a valid certificate issued by the national	1849
board for professional teaching standards or meet the criteria for	1850
a master teacher or other criteria for a lead teacher adopted by	1851
the educator standards board under division (F)(4) or (5) of	1852
section 3319.61 of the Revised Code.	1853

(C) The state board shall align the standards and	1854
qualifications for obtaining a principal license with the	1855
standards for principals adopted by the state board under section	1856
3319.61 of the Revised Code.	1857

(D) If the state board requires any examinations for educator	1858
licensure, the department of education shall provide the results	1859
of such examinations received by the department to the chancellor	1860
of the Ohio board of regents, in the manner and to the extent	1861
permitted by state and federal law.	1862

(E) Any rules the state board of education adopts, amends, or	1863
rescinds for educator licenses under this section, division (D) of	1864
section 3301.07 of the Revised Code, or any other law shall be	1865
adopted, amended, or rescinded under Chapter 119. of the Revised	1866
Code except as follows:	1867

(1) Notwithstanding division (D)(E) of section 119.03 and	1868
division (A)(1) of section 119.04 of the Revised Code, in the case	1869
of the adoption of any rule or the amendment or rescission of any	1870
rule that necessitates institutions' offering preparation programs	1871
for educators and other school personnel that are approved by the	1872
chancellor of the Ohio board of regents under section 3333.048 of	1873
the Revised Code to revise the curriculum of those programs, the	1874
effective date shall not be as prescribed in division (D)(E) of	1875
section 119.03 and division (A)(1) of section 119.04 of the	1876
Revised Code. Instead, the effective date of such rules, or the	1877
amendment or rescission of such rules, shall be the date	1878
prescribed by section 3333.048 of the Revised Code.	1879

(2) Notwithstanding the authority to adopt, amend, or rescind	1880
emergency rules in division (F)(G) of section 119.03 of the	1881
Revised Code, this authority shall not apply to the state board of	1882
education with regard to rules for educator licenses.	1883

(F)(1) The rules adopted under this section establishing	1884
standards requiring additional coursework for the renewal of any	1885
educator license shall require a school district and a chartered	1886
nonpublic school to establish local professional development	1887
committees. In a nonpublic school, the chief administrative	1888
officer shall establish the committees in any manner acceptable to	1889
such officer. The committees established under this division shall	1890
determine whether coursework that a district or chartered	1891
nonpublic school teacher proposes to complete meets the	1892
requirement of the rules. The department of education shall	1893
provide technical assistance and support to committees as the	1894
committees incorporate the professional development standards	1895
adopted by the state board of education pursuant to section	1896
3319.61 of the Revised Code into their review of coursework that	1897
is appropriate for license renewal. The rules shall establish a	1898
procedure by which a teacher may appeal the decision of a local	1899
professional development committee.	1900

(2) In any school district in which there is no exclusive	1901
representative established under Chapter 4117. of the Revised	1902
Code, the professional development committees shall be established	1903
as described in division (F)(2) of this section.	1904

Not later than the effective date of the rules adopted under	1905
this section, the board of education of each school district shall	1906
establish the structure for one or more local professional	1907
development committees to be operated by such school district. The	1908
committee structure so established by a district board shall	1909
remain in effect unless within thirty days prior to an anniversary	1910
of the date upon which the current committee structure was	1911
established, the board provides notice to all affected district	1912
employees that the committee structure is to be modified.	1913
Professional development committees may have a district-level or	1914
building-level scope of operations, and may be established with	1915
regard to particular grade or age levels for which an educator	1916
license is designated.	1917

Each professional development committee shall consist of at	1918
least three classroom teachers employed by the district, one	1919
principal employed by the district, and one other employee of the	1920
district appointed by the district superintendent. For committees	1921
with a building-level scope, the teacher and principal members	1922
shall be assigned to that building, and the teacher members shall	1923
be elected by majority vote of the classroom teachers assigned to	1924
that building. For committees with a district-level scope, the	1925
teacher members shall be elected by majority vote of the classroom	1926
teachers of the district, and the principal member shall be	1927
elected by a majority vote of the principals of the district,	1928
unless there are two or fewer principals employed by the district,	1929
in which case the one or two principals employed shall serve on	1930
the committee. If a committee has a particular grade or age level	1931
scope, the teacher members shall be licensed to teach such grade	1932
or age levels, and shall be elected by majority vote of the	1933
classroom teachers holding such a license and the principal shall	1934
be elected by all principals serving in buildings where any such	1935
teachers serve. The district superintendent shall appoint a	1936
replacement to fill any vacancy that occurs on a professional	1937
development committee, except in the case of vacancies among the	1938
elected classroom teacher members, which shall be filled by vote	1939
of the remaining members of the committee so selected.	1940

Terms of office on professional development committees shall	1941
be prescribed by the district board establishing the committees.	1942
The conduct of elections for members of professional development	1943
committees shall be prescribed by the district board establishing	1944
the committees. A professional development committee may include	1945
additional members, except that the majority of members on each	1946
such committee shall be classroom teachers employed by the	1947
district. Any member appointed to fill a vacancy occurring prior	1948
to the expiration date of the term for which a predecessor was	1949
appointed shall hold office as a member for the remainder of that	1950
term.	1951

The initial meeting of any professional development	1952
committee, upon election and appointment of all committee members,	1953
shall be called by a member designated by the district	1954
superintendent. At this initial meeting, the committee shall	1955
select a chairperson and such other officers the committee deems	1956
necessary, and shall adopt rules for the conduct of its meetings.	1957
Thereafter, the committee shall meet at the call of the	1958
chairperson or upon the filing of a petition with the district	1959
superintendent signed by a majority of the committee members	1960
calling for the committee to meet.	1961

(3) In the case of a school district in which an exclusive	1962
representative has been established pursuant to Chapter 4117. of	1963
the Revised Code, professional development committees shall be	1964
established in accordance with any collective bargaining agreement	1965
in effect in the district that includes provisions for such	1966
committees.	1967

If the collective bargaining agreement does not specify a	1968
different method for the selection of teacher members of the	1969
committees, the exclusive representative of the district's	1970
teachers shall select the teacher members.	1971

If the collective bargaining agreement does not specify a	1972
different structure for the committees, the board of education of	1973
the school district shall establish the structure, including the	1974
number of committees and the number of teacher and administrative	1975
members on each committee; the specific administrative members to	1976
be part of each committee; whether the scope of the committees	1977
will be district levels, building levels, or by type of grade or	1978
age levels for which educator licenses are designated; the lengths	1979
of terms for members; the manner of filling vacancies on the	1980
committees; and the frequency and time and place of meetings.	1981
However, in all cases, except as provided in division (F)(4) of	1982
this section, there shall be a majority of teacher members of any	1983
professional development committee, there shall be at least five	1984
total members of any professional development committee, and the	1985
exclusive representative shall designate replacement members in	1986
the case of vacancies among teacher members, unless the collective	1987
bargaining agreement specifies a different method of selecting	1988
such replacements.	1989

(4) Whenever an administrator's coursework plan is being	1990
discussed or voted upon, the local professional development	1991
committee shall, at the request of one of its administrative	1992
members, cause a majority of the committee to consist of	1993
administrative members by reducing the number of teacher members	1994
voting on the plan.	1995

(G)(1) The department of education, educational service	1996
centers, county boards of developmental disabilities, regional	1997
professional development centers, special education regional	1998
resource centers, college and university departments of education,	1999
head start programs, the eTech Ohio commission, and the Ohio	2000
education computer network may establish local professional	2001
development committees to determine whether the coursework	2002
proposed by their employees who are licensed or certificated under	2003
this section or section 3319.222 of the Revised Code, or under the	2004
former version of either section as it existed prior to October	2005
16, 2009, meet the requirements of the rules adopted under this	2006
section. They may establish local professional development	2007
committees on their own or in collaboration with a school district	2008
or other agency having authority to establish them.	2009

Local professional development committees established by	2010
county boards of developmental disabilities shall be structured in	2011
a manner comparable to the structures prescribed for school	2012
districts in divisions (F)(2) and (3) of this section, as shall	2013
the committees established by any other entity specified in	2014
division (G)(1) of this section that provides educational services	2015
by employing or contracting for services of classroom teachers	2016
licensed or certificated under this section or section 3319.222 of	2017
the Revised Code, or under the former version of either section as	2018
it existed prior to October 16, 2009. All other entities specified	2019
in division (G)(1) of this section shall structure their	2020
committees in accordance with guidelines which shall be issued by	2021
the state board.	2022

(2) Any public agency that is not specified in division	2023
(G)(1) of this section but provides educational services and	2024
employs or contracts for services of classroom teachers licensed	2025
or certificated under this section or section 3319.222 of the	2026
Revised Code, or under the former version of either section as it	2027
existed prior to October 16, 2009, may establish a local	2028
professional development committee, subject to the approval of the	2029
department of education. The committee shall be structured in	2030
accordance with guidelines issued by the state board.	2031

Sec. 3319.221.  (A) The state board of education shall adopt	2032
rules establishing the standards and requirements for obtaining a	2033
school nurse license and a school nurse wellness coordinator	2034
license. At a minimum, the rules shall require that an applicant	2035
for a school nurse license be licensed as a registered nurse under	2036
Chapter 4723. of the Revised Code.	2037

(B) If the state board requires any examinations for	2038
licensure under this section, the department of education shall	2039
provide the examination results received by the department to the	2040
chancellor of the Ohio board of regents, in the manner and to the	2041
extent permitted by state and federal law.	2042

(C) Any rules for licenses described in this section that the	2043
state board adopts, amends, or rescinds under this section,	2044
division (D) of section 3301.07 of the Revised Code, or any other	2045
law shall be adopted, amended, or rescinded under Chapter 119. of	2046
the Revised Code, except that the authority to adopt, amend, or	2047
rescind emergency rules under division (F)(G) of section 119.03 of	2048
the Revised Code shall not apply to the state board with respect	2049
to rules for licenses described in this section.	2050

(D) Any registered nurse employed by a school district in the	2051
capacity of school nurse on January 1, 1973, or any registered	2052
nurse employed by a city or general health district on January 1,	2053
1973, to serve full-time in the capacity of school nurse in one or	2054
more school districts, shall be considered to have fulfilled the	2055
requirements for the issuance of a school nurse license under this	2056
section.	2057

Sec. 3333.021.  As used in this section, "university" means	2058
any college or university that receives a state appropriation.	2059

(A) This division does not apply to proposed rules,	2060
amendments, or rescissions subject to legislative review under	2061
division (I) of section 119.03106.02 of the Revised Code. No	2062
action taken by the chancellor of the Ohio board of regents that	2063
could reasonably be expected to have an effect on the revenue or	2064
expenditures of any university shall take effect unless at least	2065
two weeks prior to the date on which the action is taken, the	2066
chancellor has filed with the speaker of the house of	2067
representatives, the president of the senate, the legislative	2068
budget office of the legislative service commission, and the	2069
director of budget and management a fiscal analysis of the	2070
proposed action. The analysis shall include an estimate of the	2071
amount by which, during the current and ensuing fiscal biennium,	2072
the action would increase or decrease the university's revenues or	2073
expenditures and increase or decrease any state expenditures and	2074
any other information the chancellor considers necessary to	2075
explain the action's fiscal effect.	2076

(B) Within three days of the date the chancellor files with	2077
the clerk of the senate a proposed rule, amendment, or rescission	2078
that is subject to legislative review and invalidation under	2079
division (I) of section 119.03106.02 of the Revised Code, the	2080
chancellor shall file with the speaker of the house of	2081
representatives, the president of the senate, the legislative	2082
budget office of the legislative service commission, and the	2083
director of budget and management a fiscal analysis of the	2084
proposed rule. The analysis shall include an estimate of the	2085
amount by which, during the current and ensuing fiscal biennium,	2086
the action would increase or decrease any university's revenues or	2087
expenditures and increase or decrease state revenues or	2088
expenditures and any other information the chancellor considers	2089
necessary to explain the fiscal effect of the rule, amendment, or	2090
rescission. No rule, amendment, or rescission shall take effect	2091
unless the chancellor has complied with this division.	2092

Sec. 3333.048.  (A) Not later than one year after the	2093
effective date of this sectionOctober 16, 2009, the chancellor of	2094
the Ohio board of regents and the superintendent of public	2095
instruction jointly shall do the following:	2096

(1) In accordance with Chapter 119. of the Revised Code,	2097
establish metrics and educator preparation programs for the	2098
preparation of educators and other school personnel and the	2099
institutions of higher education that are engaged in their	2100
preparation. The metrics and educator preparation programs shall	2101
be aligned with the standards and qualifications for educator	2102
licenses adopted by the state board of education under section	2103
3319.22 of the Revised Code and the requirements of the Ohio	2104
teacher residency program established under section 3319.223 of	2105
the Revised Code. The metrics and educator preparation programs	2106
also shall ensure that educators and other school personnel are	2107
adequately prepared to use the value-added progress dimension	2108
prescribed by section 3302.021 of the Revised Code.	2109

(2) Provide for the inspection of institutions of higher	2110
education desiring to prepare educators and other school	2111
personnel.	2112

(B) Not later than one year after the effective date of this	2113
sectionOctober 16, 2009, the chancellor shall approve	2114
institutions of higher education engaged in the preparation of	2115
educators and other school personnel that maintain satisfactory	2116
training procedures and records of performance, as determined by	2117
the chancellor.	2118

(C) If the metrics established under division (A)(1) of this	2119
section require an institution of higher education that prepares	2120
teachers to satisfy the standards of an independent accreditation	2121
organization, the chancellor shall permit each institution to	2122
satisfy the standards of either the national council for	2123
accreditation of teacher education or the teacher education	2124
accreditation council.	2125

(D) The metrics and educator preparation programs established	2126
under division (A)(1) of this section may require an institution	2127
of higher education, as a condition of approval by the chancellor,	2128
to make changes in the curricula of its preparation programs for	2129
educators and other school personnel.	2130

Notwithstanding division (D)(E) of section 119.03 and	2131
division (A)(1) of section 119.04 of the Revised Code, any	2132
metrics, educator preparation programs, rules, and regulations, or	2133
any amendment or rescission of such metrics, educator preparation	2134
programs, rules, and regulations, adopted under this section that	2135
necessitate institutions offering preparation programs for	2136
educators and other school personnel approved by the chancellor to	2137
revise the curricula of those programs shall not be effective for	2138
at least one year after the first day of January next succeeding	2139
the publication of the said change.	2140

Each institution shall allocate money from its existing	2141
appropriations to pay the cost of making the curricular changes.	2142

(E) The chancellor shall notify the state board of the	2143
metrics and educator preparation programs established under	2144
division (A)(1) of this section and the institutions of higher	2145
education approved under division (B) of this section. The state	2146
board shall publish the metrics, educator preparation programs,	2147
and approved institutions with the standards and qualifications	2148
for each type of educator license.	2149

(F) The graduates of institutions of higher education	2150
approved by the chancellor shall be licensed by the state board in	2151
accordance with the standards and qualifications adopted under	2152
section 3319.22 of the Revised Code.	2153

Sec. 3737.88.  (A)(1) The fire marshal shall have	2154
responsibility for implementation of the underground storage tank	2155
program and corrective action program for releases of petroleum	2156
from underground storage tanks established by the "Resource	2157
Conservation and Recovery Act of 1976," 90 Stat. 2795, 42 U.S.C.A.	2158
6901, as amended. To implement the programs, the fire marshal may	2159
adopt, amend, and rescind such rules, conduct such inspections,	2160
require annual registration of underground storage tanks, issue	2161
such citations and orders to enforce those rules, enter into	2162
environmental covenants in accordance with sections 5301.80 to	2163
5301.92 of the Revised Code, and perform such other duties, as are	2164
consistent with those programs. The fire marshal, by rule, may	2165
delegate the authority to conduct inspections of underground	2166
storage tanks to certified fire safety inspectors.	2167

(2) In the place of any rules regarding release containment	2168
and release detection for underground storage tanks adopted under	2169
division (A)(1) of this section, the fire marshal, by rule, shall	2170
designate areas as being sensitive for the protection of human	2171
health and the environment and adopt alternative rules regarding	2172
release containment and release detection methods for new and	2173
upgraded underground storage tank systems located in those areas.	2174
In designating such areas, the fire marshal shall take into	2175
consideration such factors as soil conditions, hydrogeology, water	2176
use, and the location of public and private water supplies. Not	2177
later than July 11, 1990, the fire marshal shall file the rules	2178
required under this division with the secretary of state, director	2179
of the legislative service commission, and joint committee on	2180
agency rule review in accordance with divisions (B) and (H)(C) of	2181
section 119.03 of the Revised Code.	2182

(3) Notwithstanding sections 3737.87 to 3737.89 of the	2183
Revised Code, a person who is not a responsible person may conduct	2184
a voluntary action in accordance with Chapter 3746. of the Revised	2185
Code and rules adopted under it for a class C release. The	2186
director of environmental protection, pursuant to section 3746.12	2187
of the Revised Code, may issue a covenant not to sue to any person	2188
who properly completes a voluntary action with respect to a class	2189
C release in accordance with Chapter 3746. of the Revised Code and	2190
rules adopted under it.	2191

(B) Before adopting any rule under this section or section	2192
3737.881 or 3737.882 of the Revised Code, the fire marshal shall	2193
file written notice of the proposed rule with the chairperson of	2194
the state fire council, and, within sixty days after notice is	2195
filed, the council may file responses to or comments on and may	2196
recommend alternative or supplementary rules to the fire marshal.	2197
At the end of the sixty-day period or upon the filing of	2198
responses, comments, or recommendations by the council, the fire	2199
marshal may adopt the rule filed with the council or any	2200
alternative or supplementary rule recommended by the council.	2201

(C) The state fire council may recommend courses of action to	2202
be taken by the fire marshal in carrying out the fire marshal's	2203
duties under this section. The council shall file its	2204
recommendations in the office of the fire marshal, and, within	2205
sixty days after the recommendations are filed, the fire marshal	2206
shall file with the chairperson of the council comments on, and	2207
proposed action in response to, the recommendations.	2208

(D) For the purpose of sections 3737.87 to 3737.89 of the	2209
Revised Code, the fire marshal shall adopt, and may amend and	2210
rescind, rules identifying or listing hazardous substances. The	2211
rules shall be consistent with and equivalent in scope, coverage,	2212
and content to regulations identifying or listing hazardous	2213
substances adopted under the "Comprehensive Environmental	2214
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779,	2215
42 U.S.C.A. 9602, as amended, except that the fire marshal shall	2216
not identify or list as a hazardous substance any hazardous waste	2217
identified or listed in rules adopted under division (A) of	2218
section 3734.12 of the Revised Code.	2219

(E) Except as provided in division (A)(3) of this section,	2220
the fire marshal shall have exclusive jurisdiction to regulate the	2221
storage, treatment, and disposal of petroleum contaminated soil	2222
generated from corrective actions undertaken in response to	2223
releases of petroleum from underground storage tank systems. The	2224
fire marshal may adopt, amend, or rescind such rules as the fire	2225
marshal considers to be necessary or appropriate to regulate the	2226
storage, treatment, or disposal of petroleum contaminated soil so	2227
generated.	2228

(F) The fire marshal shall adopt, amend, and rescind rules	2229
under sections 3737.88 to 3737.882 of the Revised Code in	2230
accordance with Chapter 119. of the Revised Code.	2231

Sec. 3746.04.  Within one year after September 28, 1994, the	2232
director of environmental protection, in accordance with Chapter	2233
119. of the Revised Code and with the advice of the	2234
multidisciplinary council appointed under section 3746.03 of the	2235
Revised Code, shall adopt, and subsequently may amend, suspend, or	2236
rescind, rules that do both of the following:	2237

(A) Revise the rules adopted under Chapters 3704., 3714.,	2238
3734., 6109., and 6111. of the Revised Code to incorporate the	2239
provisions necessary to conform those rules to the requirements of	2240
this chapter. The amended rules adopted under this division also	2241
shall establish response times for all submittals to the	2242
environmental protection agency required under this chapter or	2243
rules adopted under it.	2244

(B) Establish requirements and procedures that are reasonably	2245
necessary for the implementation and administration of this	2246
chapter, including, without limitation, all of the following:	2247

(1) Appropriate generic numerical clean-up standards for the	2248
treatment or removal of soils, sediments, and water media for	2249
hazardous substances and petroleum. The rules shall establish	2250
separate generic numerical clean-up standards based upon the	2251
intended use of properties after the completion of voluntary	2252
actions, including industrial, commercial, and residential uses	2253
and such other categories of land use as the director considers to	2254
be appropriate. The generic numerical clean-up standards	2255
established for each category of land use shall be the	2256
concentration of each contaminant that may be present on a	2257
property that shall ensure protection of public health and safety	2258
and the environment for the reasonable exposure for that category	2259
of land use. When developing the standards, the director shall	2260
consider such factors as all of the following:	2261

(a) Scientific information, including, without limitation,	2262
toxicological information and realistic assumptions regarding	2263
human and environmental exposure to hazardous substances or	2264
petroleum;	2265

(b) Climatic factors;

2266

(c) Human activity patterns;

2267

(d) Current statistical techniques;

2268

(e) For petroleum at industrial property, alternatives to the	2269
use of total petroleum hydrocarbons.	2270

The generic numerical clean-up standards established in the	2271
rules adopted under division (B)(1) of this section shall be	2272
consistent with and equivalent in scope, content, and coverage to	2273
any applicable standard established by federal environmental laws	2274
and regulations adopted under them, including, without limitation,	2275
the "Federal Water Pollution Control Act Amendments of 1972," 86	2276
Stat. 886, 33 U.S.C.A. 1251, as amended; the "Resource	2277
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	2278
6921, as amended; the "Toxic Substances Control Act," 90 Stat.	2279
2003 (1976), 15 U.S.C.A. 2601, as amended; the "Comprehensive	2280
Environmental Response, Compensation, and Liability Act of 1980,"	2281
94 Stat. 2779, 42 U.S.C.A. 9601, as amended; and the "Safe	2282
Drinking Water Act," 88 Stat. 1660 (1974), 42 U.S.C.A. 300f, as	2283
amended.	2284

In order for the rules adopted under division (B)(1) of this	2285
section to require that any such federal environmental standard	2286
apply to a property, the property shall meet the requirements of	2287
the particular federal statute or regulation involved in the	2288
manner specified by the statute or regulation.	2289

The generic numerical clean-up standards for petroleum at	2290
commercial or residential property shall be the standards	2291
established in rules adopted under division (B) of section	2292
3737.882 of the Revised Code.	2293

(2)(a) Procedures for performing property-specific risk	2294
assessments that would be performed at a property to demonstrate	2295
that the remedy evaluated in a risk assessment results in	2296
protection of public health and safety and the environment instead	2297
of complying with the generic numerical clean-up standards	2298
established in the rules adopted under division (B)(1) of this	2299
section. The risk assessment procedures shall describe a	2300
methodology to establish, on a property-specific basis, allowable	2301
levels of contamination to remain at a property to ensure	2302
protection of public health and safety and the environment on the	2303
property and off the property when the contamination is emanating	2304
off the property, taking into account all of the following:	2305

(i) The implementation of treatment, storage, or disposal, or	2306
a combination thereof, of hazardous substances or petroleum;	2307

(ii) The existence of institutional controls or activity and	2308
use limitations that eliminate or mitigate exposure to hazardous	2309
substances or petroleum through the restriction of access to	2310
hazardous substances or petroleum;	2311

(iii) The existence of engineering controls that eliminate or	2312
mitigate exposure to hazardous substances or petroleum through	2313
containment of, control of, or restrictions of access to hazardous	2314
substances or petroleum, including, without limitation, fences,	2315
cap systems, cover systems, and landscaping.	2316

(b) The risk assessment procedures and levels of acceptable	2317
risk set forth in the rules adopted under division (B)(2) of this	2318
section shall be based upon all of the following:	2319

(i) Scientific information, including, without limitation,	2320
toxicological information and actual or proposed human and	2321
environmental exposure;	2322

(ii) Locational and climatic factors;

2323

(iii) Surrounding land use and human activities;

2324

(iv) Differing levels of remediation that may be required	2325
when an existing land use is continued compared to when a	2326
different land use follows the remediation.	2327

(c) Any standards established pursuant to rules adopted under	2328
division (B)(2) of this section shall be no more stringent than	2329
standards established under the environmental statutes of this	2330
state and rules adopted under them for the same contaminant in the	2331
same environmental medium that are in effect at the time the risk	2332
assessment is conducted.	2333

(3) Minimum standards for phase I property assessments. The	2334
standards shall specify the information needed to demonstrate that	2335
there is no reason to believe that contamination exists on a	2336
property. The rules adopted under division (B)(3) of this section,	2337
at a minimum, shall require that a phase I property assessment	2338
include all of the following:	2339

(a) A review and analysis of deeds, mortgages, easements of	2340
record, and similar documents relating to the chain of title to	2341
the property that are publicly available or that are known to and	2342
reasonably available to the owner or operator;	2343

(b) A review and analysis of any previous environmental	2344
assessments, property assessments, environmental studies, or	2345
geologic studies of the property and any land within two thousand	2346
feet of the boundaries of the property that are publicly available	2347
or that are known to and reasonably available to the owner or	2348
operator;	2349

(c) A review of current and past environmental compliance	2350
histories of persons who owned or operated the property;	2351

(d) A review of aerial photographs of the property that	2352
indicate prior uses of the property;	2353

(e) Interviews with managers of activities conducted at the	2354
property who have knowledge of environmental conditions at the	2355
property;	2356

(f) Conducting an inspection of the property consisting of a	2357
walkover;	2358

(g) Identifying the current and past uses of the property,	2359
adjoining tracts of land, and the area surrounding the property,	2360
including, without limitation, interviews with persons who reside	2361
or have resided, or who are or were employed, within the area	2362
surrounding the property regarding the current and past uses of	2363
the property and adjacent tracts of land.	2364

The rules adopted under division (B)(3) of this section shall	2365
establish criteria to determine when a phase II property	2366
assessment shall be conducted when a phase I property assessment	2367
reveals facts that establish a reason to believe that hazardous	2368
substances or petroleum have been treated, stored, managed, or	2369
disposed of on the property if the person undertaking the phase I	2370
property assessment wishes to obtain a covenant not to sue under	2371
section 3746.12 of the Revised Code.	2372

(4) Minimum standards for phase II property assessments. The	2373
standards shall specify the information needed to demonstrate that	2374
any contamination present at the property does not exceed	2375
applicable standards or that the remedial activities conducted at	2376
the property have achieved compliance with applicable standards.	2377
The rules adopted under division (B)(4) of this section, at a	2378
minimum, shall require that a phase II property assessment include	2379
all of the following:	2380

(a) A review and analysis of all documentation prepared in	2381
connection with a phase I property assessment conducted within the	2382
one hundred eighty days before the phase II property assessment	2383
begins. The rules adopted under division (B)(4)(a) of this section	2384
shall require that if a period of more than one hundred eighty	2385
days has passed between the time that the phase I assessment of	2386
the property was completed and the phase II assessment begins, the	2387
phase II assessment shall include a reasonable inquiry into the	2388
change in the environmental condition of the property during the	2389
intervening period.	2390

(b) Quality assurance objectives for measurements taken in	2391
connection with a phase II assessment;	2392

(c) Sampling procedures to ensure the representative sampling	2393
of potentially contaminated environmental media;	2394

(d) Quality assurance and quality control requirements for	2395
samples collected in connection with phase II assessments;	2396

(e) Analytical and data assessment procedures;

2397

(f) Data objectives to ensure that samples collected in	2398
connection with phase II assessments are biased toward areas where	2399
information indicates that contamination by hazardous substances	2400
or petroleum is likely to exist.	2401

(5) Standards governing the conduct of certified	2402
professionals, criteria and procedures for the certification of	2403
professionals to issue no further action letters under section	2404
3746.11 of the Revised Code, and criteria for the suspension and	2405
revocation of those certifications. The director shall take an	2406
action regarding a certification as a final action. The issuance,	2407
denial, renewal, suspension, and revocation of those	2408
certifications are subject to Chapter 3745. of the Revised Code,	2409
except that, in lieu of publishing an action regarding a	2410
certification in a newspaper of general circulation as required in	2411
section 3745.07 of the Revised Code, such an action shall be	2412
published on the environmental protection agency's web site and in	2413
the agency's weekly review not later than fifteen days after the	2414
date of the issuance, denial, renewal, suspension, or revocation	2415
of the certification and not later than thirty days before a	2416
hearing or public meeting concerning the action.	2417

The rules adopted under division (B)(5) of this section shall	2418
do all of the following:	2419

(a) Provide for the certification of environmental	2420
professionals to issue no further action letters pertaining to	2421
investigations and remedies in accordance with the criteria and	2422
procedures set forth in the rules. The rules adopted under	2423
division (B)(5)(a) of this section shall do at least all of the	2424
following:	2425

(i) Authorize the director to consider such factors as an	2426
environmental professional's previous performance record regarding	2427
such investigations and remedies and the environmental	2428
professional's environmental compliance history when determining	2429
whether to certify the environmental professional;	2430

(ii) Ensure that an application for certification is reviewed	2431
in a timely manner;	2432

(iii) Require the director to certify any environmental	2433
professional who the director determines complies with those	2434
criteria;	2435

(iv) Require the director to deny certification for any	2436
environmental professional who does not comply with those	2437
criteria.	2438

(b) Establish an annual fee to be paid by environmental	2439
professionals certified pursuant to the rules adopted under	2440
division (B)(5)(a) of this section. The fee shall be established	2441
at an amount calculated to defray the costs to the agency for the	2442
required reviews of the qualifications of environmental	2443
professionals for certification and for the issuance of the	2444
certifications.	2445

(c) Develop a schedule for and establish requirements	2446
governing the review by the director of the credentials of	2447
environmental professionals who were deemed to be certified	2448
professionals under division (D) of section 3746.07 of the Revised	2449
Code in order to determine if they comply with the criteria	2450
established in rules adopted under division (B)(5) of this	2451
section. The rules adopted under division (B)(5)(c) of this	2452
section shall do at least all of the following:	2453

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

2454

(ii) Require the director to certify any such environmental	2455
professional who the director determines complies with those	2456
criteria;	2457

(iii) Require any such environmental professional initially	2458
to pay the fee established in the rules adopted under division	2459
(B)(5)(b) of this section at the time that the environmental	2460
professional is so certified by the director;	2461

(iv) Establish a time period within which any such	2462
environmental professional who does not comply with those criteria	2463
may obtain the credentials that are necessary for certification;	2464

(v) Require the director to deny certification for any such	2465
environmental professional who does not comply with those criteria	2466
and who fails to obtain the necessary credentials within the	2467
established time period.	2468

(d) Require that any information submitted to the director	2469
for the purposes of the rules adopted under division (B)(5)(a) or	2470
(c) of this section comply with division (A) of section 3746.20 of	2471
the Revised Code;	2472

(e) Authorize the director to suspend or revoke the	2473
certification of an environmental professional if the director	2474
finds that the environmental professional's performance has	2475
resulted in the issuance of no further action letters under	2476
section 3746.11 of the Revised Code that are not consistent with	2477
applicable standards or finds that the certified environmental	2478
professional has not substantially complied with section 3746.31	2479
of the Revised Code;	2480

(f) Authorize the director to suspend for a period of not	2481
more than five years or to permanently revoke a certified	2482
environmental professional's certification for any violation of or	2483
failure to comply with an ethical standard established in rules	2484
adopted under division (B)(5) of this section;	2485

(g) Require the director to revoke the certification of an	2486
environmental professional if the director finds that the	2487
environmental professional falsified any information on the	2488
environmental professional's application for certification	2489
regarding the environmental professional's credentials or	2490
qualifications or any other information generated for the purposes	2491
of or use under this chapter or rules adopted under it;	2492

(h) Require the director permanently to revoke the	2493
certification of an environmental professional who has violated or	2494
is violating division (A) of section 3746.18 of the Revised Code;	2495

(i) Preclude the director from revoking the certification of	2496
an environmental professional who only conducts investigations and	2497
remedies at property contaminated solely with petroleum unless the	2498
director first consults with the director of commerce.	2499

(6) Criteria and procedures for the certification of	2500
laboratories to perform analyses under this chapter and rules	2501
adopted under it. The issuance, denial, suspension, and revocation	2502
of those certifications are subject to Chapter 3745. of the	2503
Revised Code, and the director of environmental protection shall	2504
take any such action regarding a certification as a final action.	2505

The rules adopted under division (B)(6) of this section shall	2506
do all of the following:	2507

(a) Provide for the certification to perform analyses of	2508
laboratories in accordance with the criteria and procedures	2509
established in the rules adopted under division (B)(6)(a) of this	2510
section and establish an annual fee to be paid by those	2511
laboratories. The fee shall be established at an amount calculated	2512
to defray the costs to the agency for the review of the	2513
qualifications of those laboratories for certification and for the	2514
issuance of the certifications. The rules adopted under division	2515
(B)(6)(a) of this section may provide for the certification of	2516
those laboratories to perform only particular types or categories	2517
of analyses, specific test parameters or group of test parameters,	2518
or a specific matrix or matrices under this chapter.	2519

(b) Develop a schedule for and establish requirements	2520
governing the review by the director of the operations of	2521
laboratories that were deemed to be certified laboratories under	2522
division (E) of section 3746.07 of the Revised Code in order to	2523
determine if they comply with the criteria established in rules	2524
adopted under division (B)(6) of this section. The rules adopted	2525
under division (B)(6)(b) of this section shall do at least all of	2526
the following:	2527

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

2528

(ii) Require the director to certify any such laboratory that	2529
the director determines complies with those criteria;	2530

(iii) Require any such laboratory initially to pay the fee	2531
established in the rules adopted under division (B)(6)(a) of this	2532
section at the time that the laboratory is so certified by the	2533
director;	2534

(iv) Establish a time period within which any such laboratory	2535
that does not comply with those criteria may make changes in its	2536
operations necessary for the performance of analyses under this	2537
chapter and rules adopted under it in order to be certified by the	2538
director;	2539

(v) Require the director to deny certification for any such	2540
laboratory that does not comply with those criteria and that fails	2541
to make the necessary changes in its operations within the	2542
established time period.	2543

(c) Require that any information submitted to the director	2544
for the purposes of the rules adopted under division (B)(6)(a) or	2545
(b) of this section comply with division (A) of section 3746.20 of	2546
the Revised Code;	2547

(d) Authorize the director to suspend or revoke the	2548
certification of a laboratory if the director finds that the	2549
laboratory's performance has resulted in the issuance of no	2550
further action letters under section 3746.11 of the Revised Code	2551
that are not consistent with applicable standards;	2552

(e) Authorize the director to suspend or revoke the	2553
certification of a laboratory if the director finds that the	2554
laboratory falsified any information on its application for	2555
certification regarding its credentials or qualifications;	2556

(f) Require the director permanently to revoke the	2557
certification of a laboratory that has violated or is violating	2558
division (A) of section 3746.18 of the Revised Code.	2559

(7) Information to be included in a no further action letter	2560
prepared under section 3746.11 of the Revised Code, including,	2561
without limitation, all of the following:	2562

(a) A summary of the information required to be submitted to	2563
the certified environmental professional preparing the no further	2564
action letter under division (C) of section 3746.10 of the Revised	2565
Code;	2566

(b) Notification that a risk assessment was performed in	2567
accordance with rules adopted under division (B)(2) of this	2568
section if such an assessment was used in lieu of generic	2569
numerical clean-up standards established in rules adopted under	2570
division (B)(1) of this section;	2571

(c) The contaminants addressed at the property, if any, their	2572
source, if known, and their levels prior to remediation;	2573

(d) The identity of any other person who performed work to	2574
support the request for the no further action letter as provided	2575
in division (B)(2) of section 3746.10 of the Revised Code and the	2576
nature and scope of the work performed by that person;	2577

(e) A list of the data, information, records, and documents	2578
relied upon by the certified environmental professional in	2579
preparing the no further action letter.	2580

(8) Methods for determining fees to be paid for the following	2581
services provided by the agency under this chapter and rules	2582
adopted under it:	2583

(a) Site- or property-specific technical assistance in	2584
developing or implementing plans in connection with a voluntary	2585
action;	2586

(b) Reviewing applications for and issuing consolidated	2587
standards permits under section 3746.15 of the Revised Code and	2588
monitoring compliance with those permits;	2589

(c) Negotiating, preparing, and entering into agreements	2590
necessary for the implementation and administration of this	2591
chapter and rules adopted under it;	2592

(d) Reviewing no further action letters, issuing covenants	2593
not to sue, and monitoring compliance with any terms and	2594
conditions of those covenants and with operation and maintenance	2595
agreements entered into pursuant to those covenants, including,	2596
without limitation, conducting audits of properties where	2597
voluntary actions are being or were conducted under this chapter	2598
and rules adopted under it.	2599

The fees established pursuant to the rules adopted under	2600
division (B)(8) of this section shall be at a level sufficient to	2601
defray the direct and indirect costs incurred by the agency for	2602
the administration and enforcement of this chapter and rules	2603
adopted under it other than the provisions regarding the	2604
certification of professionals and laboratories.	2605

(9) Criteria for selecting the no further action letters	2606
issued under section 3746.11 of the Revised Code that will be	2607
audited under section 3746.17 of the Revised Code, and the scope	2608
and procedures for conducting those audits. The rules adopted	2609
under division (B)(9) of this section, at a minimum, shall require	2610
the director to establish priorities for auditing no further	2611
action letters to which any of the following applies:	2612

(a) The letter was prepared by an environmental professional	2613
who was deemed to be a certified professional under division (D)	2614
of section 3746.07 of the Revised Code, but who does not comply	2615
with the criteria established in rules adopted under division	2616
(B)(5) of this section as determined pursuant to rules adopted	2617
under division (B)(5)(d) of this section;	2618

(b) The letter was submitted fraudulently;

2619

(c) The letter was prepared by a certified environmental	2620
professional whose certification subsequently was revoked in	2621
accordance with rules adopted under division (B)(5) of this	2622
section, or analyses were performed for the purposes of the no	2623
further action letter by a certified laboratory whose	2624
certification subsequently was revoked in accordance with rules	2625
adopted under division (B)(6) of this section;	2626

(d) A covenant not to sue that was issued pursuant to the	2627
letter was revoked under this chapter;	2628

(e) The letter was for a voluntary action that was conducted	2629
pursuant to a risk assessment in accordance with rules adopted	2630
under division (B)(2) of this section;	2631

(f) The letter was for a voluntary action that included as	2632
remedial activities engineering controls or institutional controls	2633
or activity and use limitations authorized under section 3746.05	2634
of the Revised Code.	2635

The rules adopted under division (B)(9) of this section shall	2636
provide for random audits of no further action letters to which	2637
the rules adopted under divisions (B)(9)(a) to (f) of this section	2638
do not apply.	2639

(10) A classification system to characterize ground water	2640
according to its capability to be used for human use and its	2641
impact on the environment and a methodology that shall be used to	2642
determine when ground water that has become contaminated from	2643
sources on a property for which a covenant not to sue is requested	2644
under section 3746.11 of the Revised Code shall be remediated to	2645
the standards established in the rules adopted under division	2646
(B)(1) or (2) of this section.	2647

(a) In adopting rules under division (B)(10) of this section	2648
to characterize ground water according to its capability for human	2649
use, the director shall consider all of the following:	2650

(i) The presence of legally enforceable, reliable	2651
restrictions on the use of ground water, including, without	2652
limitation, local rules or ordinances;	2653

(ii) The presence of regional commingled contamination from	2654
multiple sources that diminishes the quality of ground water;	2655

(iii) The natural quality of ground water;

2656

(iv) Regional availability of ground water and reasonable	2657
alternative sources of drinking water;	2658

(v) The productivity of the aquifer;

2659

(vi) The presence of restrictions on the use of ground water	2660
implemented under this chapter and rules adopted under it;	2661

(vii) The existing use of ground water.

2662

(b) In adopting rules under division (B)(10) of this section	2663
to characterize ground water according to its impacts on the	2664
environment, the director shall consider both of the following:	2665

(i) The risks posed to humans, fauna, surface water,	2666
sediments, soil, air, and other resources by the continuing	2667
presence of contaminated ground water;	2668

(ii) The availability and feasibility of technology to remedy	2669
ground water contamination.	2670

(11) Governing the application for and issuance of variances	2671
under section 3746.09 of the Revised Code;	2672

(12)(a) In the case of voluntary actions involving	2673
contaminated ground water, specifying the circumstances under	2674
which the generic numerical clean-up standards established in	2675
rules adopted under division (B)(1) of this section and standards	2676
established through a risk assessment conducted pursuant to rules	2677
adopted under division (B)(2) of this section shall be	2678
inapplicable to the remediation of contaminated ground water and	2679
under which the standards for remediating contaminated ground	2680
water shall be established on a case-by-case basis prior to the	2681
commencement of the voluntary action pursuant to rules adopted	2682
under division (B)(12)(b) of this section;	2683

(b) Criteria and procedures for the case-by-case	2684
establishment of standards for the remediation of contaminated	2685
ground water under circumstances in which the use of the generic	2686
numerical clean-up standards and standards established through a	2687
risk assessment are precluded by the rules adopted under division	2688
(B)(12)(a) of this section. The rules governing the procedures for	2689
the case-by-case development of standards for the remediation of	2690
contaminated ground water shall establish application, public	2691
participation, adjudication, and appeals requirements and	2692
procedures that are equivalent to the requirements and procedures	2693
established in section 3746.09 of the Revised Code and rules	2694
adopted under division (B)(11) of this section, except that the	2695
procedural rules shall not require an applicant to make the	2696
demonstrations set forth in divisions (A)(1) to (3) of section	2697
3746.09 of the Revised Code.	2698

(13) A definition of the evidence that constitutes sufficient	2699
evidence for the purpose of division (A)(5) of section 3746.02 of	2700
the Revised Code.	2701

At least thirty days before filing the proposed rules	2702
required to be adopted under this section with the secretary of	2703
state, director of the legislative service commission, and joint	2704
committee on agency rule review in accordance with divisions (B)	2705
and (H)(C) of section 119.03 of the Revised Code, the director of	2706
environmental protection shall hold at least one public meeting on	2707
the proposed rules in each of the five districts into which the	2708
agency has divided the state for administrative purposes.	2709

Sec. 4117.02.  (A) There is hereby created the state	2710
employment relations board, consisting of three members to be	2711
appointed by the governor with the advice and consent of the	2712
senate. Members shall be knowledgeable about labor relations or	2713
personnel practices. No more than two of the three members shall	2714
belong to the same political party. A member of the state	2715
employment relations board during the member's period of service	2716
shall hold no other public office or public or private employment	2717
and shall allow no other responsibilities to interfere or conflict	2718
with the member's duties as a full-time state employment relations	2719
board member. Of the initial appointments made to the state	2720
employment relations board, one shall be for a term ending October	2721
6, 1984, one shall be for a term ending October 6, 1985, and one	2722
shall be for a term ending October 6, 1986. Thereafter, terms of	2723
office shall be for six years, each term ending on the same day of	2724
the same month of the year as did the term that it succeeds. Each	2725
member shall hold office from the date of the member's appointment	2726
until the end of the term for which the member is appointed. Any	2727
member appointed to fill a vacancy occurring prior to the	2728
expiration of the term for which the member's predecessor was	2729
appointed shall hold office for the remainder of the term. Any	2730
member shall continue in office subsequent to the expiration of	2731
the member's term until the member's successor takes office or	2732
until a period of sixty days has elapsed, whichever occurs first.	2733
The governor may remove any member of the state employment	2734
relations board, upon notice and public hearing, for neglect of	2735
duty or malfeasance in office, but for no other cause.	2736

(B)(1) The governor shall designate one member of the state	2737
employment relations board to serve as chairperson of the state	2738
employment relations board. The chairperson is the head of the	2739
state employment relations board and its chief executive officer.	2740

(2) The chairperson shall exercise all administrative powers	2741
and duties conferred upon the state employment relations board	2742
under this chapter and shall do all of the following:	2743

(a) Employ, promote, supervise, and remove all employees of	2744
the state employment relations board, and establish, change, or	2745
abolish positions and assign or reassign the duties of those	2746
employees as the chairperson determines necessary to achieve the	2747
most efficient performance of the duties of the state employment	2748
relations board under this chapter;	2749

(b) Determine the utilization by the state personnel board of	2750
review of employees of the state employment relations board as	2751
necessary for the state personnel board of review to exercise the	2752
powers and perform the duties of the state personnel board of	2753
review.	2754

(c) Maintain the office of the state employment relations	2755
board in Columbus and manage the office's daily operations,	2756
including securing offices, facilities, equipment, and supplies	2757
necessary to house the state employment relations board, employees	2758
of the state employment relations board, the state personnel board	2759
of review, and files and records under the control of the state	2760
employment relations board and under the control of the state	2761
personnel board of review;	2762

(d) Prepare and submit to the office of budget and management	2763
a budget for each biennium according to section 107.03 of the	2764
Revised Code, and include in the budget the costs of the state	2765
employment relations board and its staff and the costs of the	2766
state employment relations board in discharging any duty imposed	2767
by law upon the state employment relations board, the chairperson,	2768
or any of the employees or agents of the state employment	2769
relations board, and the costs of the state personnel board of	2770
review in discharging any duty imposed by law on the state	2771
personnel board of review or an agent of the state personnel board	2772
of review.	2773

(C) The vacancy on the state employment relations board does	2774
not impair the right of the remaining members to exercise all the	2775
powers of the state employment relations board, and two members of	2776
the state employment relations board, at all times, constitute a	2777
quorum. The state employment relations board shall have an	2778
official seal of which courts shall take judicial notice.	2779

(D) The state employment relations board shall make an annual	2780
report in writing to the governor and to the general assembly,	2781
stating in detail the work it has done.	2782

(E) Compensation of the chairperson and members shall be in	2783
accordance with division (J) of section 124.15 of the Revised	2784
Code. The chairperson and the members are eligible for	2785
reappointment. In addition to such compensation, all members shall	2786
be reimbursed for their necessary expenses incurred in the	2787
performance of their work as members.	2788

(F)(1) The chairperson, after consulting with the other state	2789
employment relations board members and receiving the consent of at	2790
least one other board member, shall appoint an executive director.	2791
The chairperson also shall appoint attorneys and shall appoint an	2792
assistant executive director who shall be an attorney admitted to	2793
practice law in this state and who shall serve as a liaison to the	2794
attorney general on legal matters before the state employment	2795
relations board.	2796

(2) The state employment relations board shall appoint	2797
members of fact-finding panels and shall prescribe their job	2798
duties.	2799

(G)(1) The executive director shall serve at the pleasure of	2800
the chairperson. The executive director, under the direction of	2801
the chairperson, shall do all of the following:	2802

(a) Act as chief administrative officer for the state	2803
employment relations board;	2804

(b) Ensure that all employees of the state employment	2805
relations board comply with the rules of the state employment	2806
relations board;	2807

(c) Do all things necessary for the efficient and effective	2808
implementation of the duties of the state employment relations	2809
board.	2810

(2) The duties of the executive director described in	2811
division (G)(1) of this section do not relieve the chairperson	2812
from final responsibility for the proper performance of the duties	2813
described in that division.	2814

(H) The attorney general shall be the legal adviser of the	2815
state employment relations board and shall appear for and	2816
represent the state employment relations board and its agents in	2817
all legal proceedings. The state employment relations board may	2818
utilize regional, local, or other agencies, and utilize voluntary	2819
and uncompensated services as needed. The state employment	2820
relations board may contract with the federal mediation and	2821
conciliation service for the assistance of mediators, arbitrators,	2822
and other personnel the service makes available. The chairperson	2823
shall appoint all employees on the basis of training, practical	2824
experience, education, and character, notwithstanding the	2825
requirements established by section 119.09 of the Revised Code.	2826
The chairperson shall give special regard to the practical	2827
training and experience that employees have for the particular	2828
position involved. The executive director, assistant executive	2829
director, administrative law judges, employees holding a fiduciary	2830
or administrative relation to the state employment relations board	2831
as described in division (A)(9) of section 124.11 of the Revised	2832
Code, and the personal secretaries and assistants of the state	2833
employment relations board members are in the unclassified	2834
service. All other full-time employees of the state employment	2835
relations board are in the classified service. All employees of	2836
the state employment relations board shall be paid in accordance	2837
with Chapter 124. of the Revised Code.	2838

(I) The chairperson shall select and assign administrative	2839
law judges and other agents whose functions are to conduct	2840
hearings with due regard to their impartiality, judicial	2841
temperament, and knowledge. If in any proceeding under this	2842
chapter, any party prior to five days before the hearing thereto	2843
files with the state employment relations board a sworn statement	2844
charging that the administrative law judge or other agent	2845
designated to conduct the hearing is biased or partial in the	2846
proceeding, the state employment relations board may disqualify	2847
the person and designate another administrative law judge or agent	2848
to conduct the proceeding. At least ten days before any hearing,	2849
the state employment relations board shall notify all parties to a	2850
proceeding of the name of the administrative law judge or agent	2851
designated to conduct the hearing.	2852

(J) The principal office of the state employment relations	2853
board is in Columbus, but it may meet and exercise any or all of	2854
its powers at any other place within the state. The state	2855
employment relations board may, by one or more of its employees,	2856
or any agents or agencies it designates, conduct in any part of	2857
this state any proceeding, hearing, investigation, inquiry, or	2858
election necessary to the performance of its functions; provided,	2859
that no person so designated may later sit in determination of an	2860
appeal of the decision of that cause or matter.	2861

(K) In addition to the powers and functions provided in other	2862
sections of this chapter, the state employment relations board	2863
shall do all of the following:	2864

(1) Create a bureau of mediation within the state employment	2865
relations board, to perform the functions provided in section	2866
4117.14 of the Revised Code. This bureau shall also establish,	2867
after consulting representatives of employee organizations and	2868
public employers, panels of qualified persons to be available to	2869
serve as members of fact-finding panels and arbitrators.	2870

(2) Conduct studies of problems involved in representation	2871
and negotiation and make recommendations for legislation;	2872

(3) Hold hearings pursuant to this chapter and, for the	2873
purpose of the hearings and inquiries, administer oaths and	2874
affirmations, examine witnesses and documents, take testimony and	2875
receive evidence, compel the attendance of witnesses and the	2876
production of documents by the issuance of subpoenas, and delegate	2877
these powers to any members of the state employment relations	2878
board or any administrative law judge employed by the state	2879
employment relations board for the performance of its functions;	2880

(4) Train representatives of employee organizations and	2881
public employers in the rules and techniques of collective	2882
bargaining procedures;	2883

(5) Make studies and analyses of, and act as a clearinghouse	2884
of information relating to, conditions of employment of public	2885
employees throughout the state and request assistance, services,	2886
and data from any public employee organization, public employer,	2887
or governmental unit. Public employee organizations, public	2888
employers, and governmental units shall provide such assistance,	2889
services, and data as will enable the state employment relations	2890
board to carry out its functions and powers.	2891

(6) Make available to employee organizations, public	2892
employers, mediators, fact-finding panels, arbitrators, and joint	2893
study committees statistical data relating to wages, benefits, and	2894
employment practices in public and private employment applicable	2895
to various localities and occupations to assist them to resolve	2896
issues in negotiations;	2897

(7) Notwithstanding section 119.13 of the Revised Code,	2898
establish standards of persons who practice before it;	2899

(8) Adopt, amend, and rescind rules and procedures and	2900
exercise other powers appropriate to carry out this chapter.	2901
Before the adoption, amendment, or rescission of rules and	2902
procedures under this section, the state employment relations	2903
board shall do all of the following:	2904

(a) Maintain a list of interested public employers and	2905
employee organizations and mail notice to such groups of any	2906
proposed rule or procedure, amendment thereto, or rescission	2907
thereof at least thirty days before any public hearing thereon;	2908

(b) Mail a copy of each proposed rule or procedure, amendment	2909
thereto, or rescission thereof to any person who requests a copy	2910
within five days after receipt of the request therefor;	2911

(c) Consult with appropriate statewide organizations	2912
representing public employers or employees who would be affected	2913
by the proposed rule or procedure.	2914

Although the state employment relations board is expected to	2915
discharge these duties diligently, failure to mail any notice or	2916
copy, or to so consult with any person, is not jurisdictional and	2917
shall not be construed to invalidate any proceeding or action of	2918
the state employment relations board.	2919

(L) In case of neglect or refusal to obey a subpoena issued	2920
to any person, the court of common pleas of the county in which	2921
the investigation or the public hearing occurs, upon application	2922
by the state employment relations board, may issue an order	2923
requiring the person to appear before the state employment	2924
relations board and give testimony about the matter under	2925
investigation. The court may punish a failure to obey the order as	2926
contempt.	2927

(M) Any subpoena, notice of hearing, or other process or	2928
notice of the state employment relations board issued under this	2929
section may be served personally, by certified mail, or by leaving	2930
a copy at the principal office or personal residence of the	2931
respondent required to be served. A return, made and verified by	2932
the individual making the service and setting forth the manner of	2933
service, is proof of service, and a return post office receipt,	2934
when certified mail is used, is proof of service. All process in	2935
any court to which application is made under this chapter may be	2936
served in the county wherein the persons required to be served	2937
reside or are found.	2938

(N) All expenses of the state employment relations board,	2939
including all necessary traveling and subsistence expenses	2940
incurred by the members or employees of the state employment	2941
relations board under its orders, shall be paid pursuant to	2942
itemized vouchers approved by the chairperson of the state	2943
employment relations board, the executive director, or both, or	2944
such other person as the chairperson designates for that purpose.	2945

(O) Whenever the state employment relations board determines	2946
that a substantial controversy exists with respect to the	2947
application or interpretation of this chapter and the matter is of	2948
public or great general interest, the state employment relations	2949
board shall certify its final order directly to the court of	2950
appeals having jurisdiction over the area in which the principal	2951
office of the public employer directly affected by the application	2952
or interpretation is located. The chairperson shall file with the	2953
clerk of the court a certified copy of the transcript of the	2954
proceedings before the state employment relations board pertaining	2955
to the final order. If upon hearing and consideration the court	2956
decides that the final order of the state employment relations	2957
board is unlawful or is not supported by substantial evidence on	2958
the record as a whole, the court shall reverse and vacate the	2959
final order or modify it and enter final judgment in accordance	2960
with the modification; otherwise, the court shall affirm the final	2961
order. The notice of the final order of the state employment	2962
relations board to the interested parties shall contain a	2963
certification by the chairperson of the state employment relations	2964
board that the final order is of public or great general interest	2965
and that a certified transcript of the record of the proceedings	2966
before the state employment relations board had been filed with	2967
the clerk of the court as an appeal to the court. For the purposes	2968
of this division, the state employment relations board has	2969
standing to bring its final order properly before the court of	2970
appeals.	2971

(P) Except as otherwise specifically provided in this	2972
section, the state employment relations board is subject to	2973
Chapter 119. of the Revised Code, including the procedure for	2974
submission of proposed rules to the general assembly for	2975
legislative review under division (H)(C) of section 119.03 of the	2976
Revised Code.	2977

Sec. 4141.14. (A) All rules of the director of the	2978
department of job and family services adopted pursuant to this	2979
chapter shall be approved by the unemployment compensation review	2980
commission before the rules become effective. All such rules shall	2981
specify on their face their effective date and the date on which	2982
they will expire, if known. Approval by the unemployment	2983
compensation review commission shall also be required before	2984
amendments to, or rescission of, any rules of the director adopted	2985
pursuant to this chapter become effective. If the commission	2986
disapproves a rule of the director, it shall determine and	2987
promulgate a rule that it considers appropriate after affording a	2988
hearing to the director.	2989

(B)(1) Any rule promulgated pursuant to this section shall be	2990
effective on the tenth day after the day on which the rule in	2991
final form and in compliance with division (B)(2) of this section	2992
is filed as follows:	2993

(a) The rule shall be filed in electronic form with both the	2994
secretary of state and the director of the legislative service	2995
commission;	2996

(b) The rule shall be filed in electronic form with the joint	2997
committee on agency rule review. Division (B)(1)(b) of this	2998
section does not apply to any rule to which division (H) of	2999
section 119.03 of the Revised Code does not apply.	3000

If all filings are not completed on the same day, the rule	3001
shall be effective on the tenth day after the day on which the	3002
latest filing is completed. If the department of job and family	3003
services or the unemployment compensation review commission in	3004
adopting a rule pursuant to this chapter designates an effective	3005
date that is later than the effective date provided for by this	3006
division, the rule if filed as required by this division shall	3007
become effective on the later date designated by the department or	3008
commission.	3009

If the commission or department adopts or amends a rule that	3010
is subject to division (H) of section 119.03 of the Revised Code,	3011
the commission or department shall assign a review date to the	3012
rule that is not later than five years after its effective date.	3013
If no review date is assigned to a rule, or if a review date	3014
assigned to a rule exceeds the five-year maximum, the review date	3015
for the rule is five years after its effective date. A rule with a	3016
review date is subject to review under section 119.032 of the	3017
Revised Code.	3018

(2) The department and commission shall file the rule in	3019
compliance with the following standards and procedures:	3020

(a) The rule shall be numbered in accordance with the	3021
numbering system devised by the director for the Ohio	3022
administrative code.	3023

(b) The rule shall be prepared and submitted in compliance	3024
with the rules of the legislative service commission.	3025

(c) The rule shall clearly state the date on which it is to	3026
be effective and the date on which it will expire, if known.	3027

(d) Each rule that amends or rescinds another rule shall	3028
clearly refer to the rule that is amended or rescinded. Each	3029
amendment shall fully restate the rule as amended.	3030

If the director of the legislative service commission or the	3031
director's designee gives the department of job and family	3032
services or the unemployment compensation review commission notice	3033
pursuant to section 103.05 of the Revised Code that a rule filed	3034
by the department or review commission is not in compliance with	3035
the rules of the legislative service commission, the department or	3036
review commission shall within thirty days after receipt of the	3037
notice conform the rule to the rules of the commission as directed	3038
in the notice.	3039

The secretary of state and the director of the legislative	3040
service commission shall preserve the rules filed under division	3041
(B)(1)(a) of this section in an accessible manner. Each such rule	3042
shall be a public record open to public inspection and may be	3043
transmitted to any law publishing company that wishes to reproduce	3044
it.	3045

(C) As used in this section:

3046

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

3047

(2) "Substantive revision" has the same meaning as in	3048
division (J) of section 119.01 of the Revised Code.	3049

Sec. 5103.0325.  Notwithstanding division (B) of section	3050
119.032106.03 of the Revised Code, the department of job and	3051
family services shall review once every two years the department's	3052
rules governing visits and contacts by a public children services	3053
agency or private child placing agency with a child in the	3054
agency's custody and placed in foster care in this state. The	3055
department shall adopt rules in accordance with Chapter 119. of	3056
the Revised Code to ensure compliance with the department's rules	3057
governing agency visits and contacts with a child in its custody.	3058

Sec. 5117.02.  (A) The director of development shall adopt	3059
rules, or amendments and rescissions of rules, pursuant to section	3060
4928.52 of the Revised Code, for the administration of the Ohio	3061
energy credit program under sections 5117.01 to 5117.12 of the	3062
Revised Code.	3063

(B) As a means of efficiently administering the program, the	3064
director may extend, by as much as a total of thirty days, any	3065
date specified in such sections for the performance of a	3066
particular action by an individual or an officer.	3067

(C)(1) Except as provided in division (C)(2) of this section,	3068
the director shall adopt, in accordance with divisions (A), (B),	3069
(C), (D), (E), and (H)(F) of section 119.03 and section 119.04 of	3070
the Revised Code, whatever rules, or amendments or rescissions of	3071
rules are required by or are otherwise necessary to implement	3072
sections 5117.01 to 5117.12 of the Revised Code. A rule,	3073
amendment, or rescission adopted under this division is not exempt	3074
from the hearing requirements of section 119.03 of the Revised	3075
Code pursuant to division (G)(H) of that section, or subject to	3076
section 111.15 of the Revised Code.	3077

(2) If an emergency necessitates the immediate adoption of a	3078
rule, or the immediate adoption of an amendment or rescission of a	3079
rule that is required by or otherwise necessary to implement	3080
sections 5117.01 to 5117.12 of the Revised Code, the director	3081
immediately may adopt the emergency rule, amendment, or rescission	3082
without complying with division (A), (B), (C), (D), (E), or (H)(F)	3083
of section 119.03 of the Revised Code so long as the commissioner	3084
director states the reasons for the necessity in the emergency	3085
rule, amendment, or rescission. The emergency rule, amendment, or	3086
rescission is effective on the day the emergency rule, amendment,	3087
or rescission, in final form and in compliance with division	3088
(A)(2) of section 119.04 of the Revised Code, is filed in	3089
electronic form with the secretary of state, the director of the	3090
legislative service commission, and the joint committee on agency	3091
rule review. If all filings are not completed on the same day, the	3092
emergency rule, amendment, or rescission is effective on the day	3093
on which the latest filing is completed. An emergency rule,	3094
amendment, or rescission adopted under this division is not	3095
subject to section 111.15 or division (F)(G) of section 119.03 of	3096
the Revised Code. An emergency rule, amendment, or rescission	3097
adopted under this division continues in effect until amended or	3098
rescinded by the director in accordance with division (C)(1) or	3099
(2) of this section, except that the rescission of an emergency	3100
rescission does not revive the rule rescinded.	3101

(D) Except where otherwise provided, each form, application,	3102
notice, and the like used in fulfilling the requirements of	3103
sections 5117.01 to 5117.12 of the Revised Code shall be approved	3104
by the director.	3105

Sec. 5703.14. (A) Any rule adopted by the board of tax	3106
appeals and any rule of the department of taxation adopted by the	3107
tax commissioner shall be effective on the tenth day after the day	3108
on which the rule in final form and in compliance with division	3109
(B) of this section is filed by the board or the commissioner as	3110
follows:	3111

(1) The rule shall be filed in electronic form with both the	3112
secretary of state and the director of the legislative service	3113
commission;	3114

(2) The rule shall be filed in electronic form with the joint	3115
committee on agency rule review. Division (A)(2) of this section	3116
does not apply to any rule to which division (H) of section 119.03	3117
of the Revised Code does not apply.	3118

If all filings are not completed on the same day, the rule	3119
shall be effective on the tenth day after the day on which the	3120
latest filing is completed. If the board or the commissioner in	3121
adopting a rule designates an effective date that is later than	3122
the effective date provided for by this division, the rule if	3123
filed as required by this division shall become effective on the	3124
later date designated by the board or commissioner.	3125

(B) The board and commissioner shall file the rule in	3126
compliance with the following standards and procedures:	3127

(1) The rule shall be numbered in accordance with the	3128
numbering system devised by the director for the Ohio	3129
administrative code.	3130

(2) The rule shall be prepared and submitted in compliance	3131
with the rules of the legislative service commission.	3132

(3) The rule shall clearly state the date on which it is to	3133
be effective and the date on which it will expire, if known.	3134

(4) Each rule that amends or rescinds another rule shall	3135
clearly refer to the rule that is amended or rescinded. Each	3136
amendment shall fully restate the rule as amended.	3137

If the director of the legislative service commission or the	3138
director's designee gives the board or commissioner notice	3139
pursuant to section 103.05 of the Revised Code that a rule filed	3140
by the board or commissioner is not in compliance with the rules	3141
of the legislative service commission, the board or commissioner	3142
shall within thirty days after receipt of the notice conform the	3143
rule to the rules of the legislative service commission as	3144
directed in the notice.	3145

All rules of the department and board filed pursuant to	3146
division (A)(1) of this section shall be recorded by the secretary	3147
of state and the director under the name of the department or	3148
board and shall be numbered in accordance with the numbering	3149
system devised by the director. The secretary of state and the	3150
director shall preserve the rules in an accessible manner. Each	3151
such rule shall be a public record open to public inspection and	3152
may be transmitted to any law publishing company that wishes to	3153
reproduce it. Each such rule shall also be made available to	3154
interested parties upon request directed to the department.	3155

(C) Applications for review of any rule adopted and	3156
promulgated by the tax commissioner may be filed with the board of	3157
tax appeals by any person who has been or may be injured by the	3158
operation of the rule. The appeal may be taken at any time after	3159
the rule is filed with the secretary of the state, the director of	3160
the legislative service commission, and, if applicable, the joint	3161
committee on agency rule review. Failure to file an appeal does	3162
not preclude any person from seeking any other remedy against the	3163
application of the rule to the person. The applications shall set	3164
forth, or have attached thereto and incorporated by reference, a	3165
true copy of the rule, and shall allege that the rule complained	3166
of is unreasonable and shall state the grounds upon which the	3167
allegation is based. Upon the filing of the application, the board	3168
shall notify the commissioner of the filing of the application,	3169
fix a time for hearing the application, notify the commissioner	3170
and the applicant of the time for the hearing, and afford both an	3171
opportunity to be heard. The appellant, the tax commissioner, and	3172
any other interested persons that the board permits, may introduce	3173
evidence. The burden of proof to show that the rule is	3174
unreasonable shall be upon the appellant. After the hearing, the	3175
board shall determine whether the rule complained of is reasonable	3176
or unreasonable. A determination that the rule complained of is	3177
unreasonable shall require a majority vote of the three members of	3178
the board, and the reasons for the determination shall be entered	3179
on the journal of the board.	3180

Upon determining that the rule complained of is unreasonable,	3181
the board shall file copies of its determination as follows:	3182

(1)(A) The determination shall be filed in electronic form	3183
with both the secretary of state and the director of the	3184
legislative service commission, who shall note the date of their	3185
receipt of the certified copies conspicuously in their files of	3186
the rules of the department;	3187

(2)(B) The determination shall be filed in electronic form	3188
with the joint committee on agency rule review. Division (C)(2) of	3189
this section does not apply to any rule to which division (H)(C)	3190
of section 119.03 of the Revised Code does not apply.	3191

On the tenth day after the determination has been received by	3192
the secretary of state, the director, and, if applicable, the	3193
joint committee, the rule referred to in the determination shall	3194
cease to be in effect. If all filings of the determination are not	3195
completed on the same day, the rule shall remain in effect until	3196
the tenth day after the day on which the latest filing is	3197
completed. This section does not apply to licenses issued under	3198
sections 5735.02, 5739.17, and 5743.15 of the Revised Code, which	3199
shall be governed by sections 119.01 to 119.13 of the Revised	3200
Code.	3201

The board is not required to hear an application for the	3202
review of any rule where the grounds of the allegation that the	3203
rule is unreasonable have been previously contained in an	3204
application for review and have been previously heard and passed	3205
upon by the board.	3206

(D) As used in this section, "substantive revision" has the	3207
same meaning as in division (J) of section 119.01 of the Revised	3208
Code.	3209

Sec. 6111.31.  All substantive wetland, stream, or lake	3210
mitigation standards, criteria, scientific methods, processes, or	3211
other procedures or policies that are used in a uniform manner by	3212
the director of environmental protection in evaluating the	3213
adequacy of a mitigation proposal contained in an application for	3214
a section 401 water quality certification shall be adopted and	3215
reviewed in accordance with sections 119.03 and 119.032106.03 of	3216
the Revised Code before those standards, criteria, or scientific	3217
methods have the force of law. Until that time, any such	3218
mitigation standards, criteria, scientific methods, processes, or	3219
other procedures or policies that are used by or approved for use	3220
by the director to evaluate, measure, or determine the success,	3221
approval, or denial of a mitigation proposal, but that have not	3222
been subject to review under sections 119.03 and 119.032106.03 of	3223
the Revised Code shall not be used as the basis for any	3224
certification or permit denial or as a standard applied to	3225
mitigation unless the applicant has been notified in advance that	3226
additional mitigation standards, criteria, scientific methods,	3227
processes, or procedures will be considered as part of the review	3228
process.	3229

Sec. 6111.51. (A)(1) The director of environmental protection	3230
shall adopt rules that establish criteria for three levels of	3231
credible data related to surface water monitoring and assessment.	3232
The rules pertaining to each level shall establish requirements	3233
for data assessment, sample collection and analytical methods, and	3234
quality assurance and quality control procedures that must be	3235
followed in order to classify data as credible at that level. The	3236
rules shall provide that level three credible data are collected	3237
by employing the most stringent methods and procedures, level two	3238
credible data are collected using methods and procedures that are	3239
less stringent than methods and procedures used to collect level	3240
three credible data, but more stringent than methods and	3241
procedures used to collect level one, and level one credible data	3242
are collected by employing the least stringent methods and	3243
procedures.	3244

The requirements established in the rules for each level of	3245
credible data shall be commensurate with, and no more stringent	3246
than necessary to support, the purposes for which the data will be	3247
used. In adopting rules under this section, the director shall	3248
consider the cost of data collection methods and procedures to	3249
persons or entities collecting data, and the burden of compliance	3250
with those methods and procedures for those persons or entities,	3251
while ensuring the degree of accuracy commensurate with the	3252
purpose for which the data will be used. No data shall be	3253
classified as credible data unless they have been collected in	3254
compliance with the applicable methods and procedures for	3255
collecting the data established in rules adopted under this	3256
section.	3257

(2) The director shall file the rules required to be adopted	3258
under division (A)(1) of this section with the secretary of state,	3259
the director of the legislative service commission, and the joint	3260
committee on agency rule review in accordance with divisions (B)	3261
and (H)(C) of section 119.03 of the Revised Code not later than	3262
one year after the effective date of this sectionOctober 21,	3263
2003. As soon as practicable thereafter, the director shall	3264
proceed to adopt the rules in accordance with all other applicable	3265
provisions of Chapter 119. of the Revised Code.	3266

(B)(1) Level three credible data shall be used for the	3267
purposes specified in section 6111.52 of the Revised Code.	3268

(2) Levels two and three credible data shall be used for the	3269
purpose of evaluating the effectiveness of pollution controls for	3270
point sources and nonpoint sources and initial screening of water	3271
quality problems to determine if additional study is needed.	3272

(3) Levels one, two, and three credible data shall be used	3273
for public awareness and education activities.	3274

(C) No data shall be considered credible unless the data	3275
originate from studies and samples collected by the environmental	3276
protection agency, its contractors, federal or state environmental	3277
agencies, or qualified data collectors. However, data submitted	3278
pursuant to the requirements of a permit issued by an agency of	3279
the state or submitted as a result of findings and orders issued	3280
by the director or pursuant to a court order shall be considered	3281
credible unless the director identifies reasons why the data are	3282
not credible.	3283

(D) If the director has obtained credible data for a surface	3284
water, the director also may use historical data for the purpose	3285
of determining whether any water quality trends exist for that	3286
surface water.	3287

(E) Sections 6111.50 to 6111.56 of the Revised Code do not	3288
apply to civil or criminal enforcement actions brought under	3289
section 6111.07 of the Revised Code.	3290

(F) The director's use of credible data shall be consistent	3291
with the Federal Water Pollution Control Act.	3292

(G) Nothing in sections 6111.50 to 6111.56 of the Revised	3293
Code is an exception to statutory, common, or municipal law of	3294
trespass.	3295

Section 2.  That existing sections 101.35, 103.0511, 107.54,	3296
111.15, 117.20, 119.01, 119.03, 119.04, 121.39, 121.73, 121.74,	3297
121.81, 121.82, 121.83, 127.18, 1531.08, 3319.22, 3319.221,	3298
3333.021, 3333.048, 3737.88, 3746.04, 4117.02, 4141.14, 5103.0325,	3299
5117.02, 5703.14, 6111.31, and 6111.51 of the Revised Code are	3300
repealed.	3301

Section 3.  That sections 119.031 and 119.032 of the Revised	3302
Code are repealed.	3303

Section 4.  Sections 106.02, 106.021, 106.022, 106.04, and	3304
106.041 of the Revised Code are a continuation, although with	3305
revisions, of former division (I) of section 119.03 of the Revised	3306
Code. Division (C) of section 119.03 of the Revised Code is a	3307
continuation, although with revisions, of former division (H) of	3308
that section. And sections 106.03, 106.031, and 106.032 of the	3309
Revised Code are a continuation, although with revisions, of	3310
former section 119.032 of the Revised Code.	3311

Section 5.  The date by which the periodic review of an	3312
existing rule is to be completed has been referred to as its	3313
"119.032 review date." The Revised Code section referred to is the	3314
number of the Revised Code section under which periodic review of	3315
existing rules formerly was carried out. Because of the	3316
recodification of that former section by this act, periodic review	3317
of existing rules is to be carried out under sections 106.03 to	3318
106.032 of the Revised Code. A reference to the "119.032 review	3319
date" of a rule therefore shall be read as if it referred to	3320
periodic review of the rule under sections 106.03 to 106.032 of	3321
the Revised Code.	3322

It is recommended that the date by which the periodic review	3323
of an existing rule is to be completed be referred to as its	3324
"periodic review date."	3325

Section 6.  Legislative Information Systems, in consultation	3326
with the Director of the Legislative Service Commission, the	3327
Executive Director of the Joint Committee on Agency Rule Review,	3328
the Common Sense Initiative Office, and any other person or agency	3329
involved in the electronic rule filing system, shall program or	3330
reprogram the electronic rule filing system as necessary to enable	3331
electronic filing and other electronic processing of rules and	3332
rule-making documents as required by this act. Legislative	3333
Information Systems shall complete the programming or	3334
reprogramming as soon as reasonably possible after the effective	3335
date of this section but not later than the day that is six months	3336
after that effective date.	3337

If at the time a provision of this act that contemplates	3338
electronic filing or other electronic processing of rules or	3339
rule-making documents takes effect, electronic filing or other	3340
electronic processing is not available, the provision shall be	3341
complied with manually until electronic filing or other electronic	3342
processing is available.	3343

Section 7.  The General Assembly, applying the principle	3344
stated in division (B) of section 1.52 of the Revised Code that	3345
amendments are to be harmonized if reasonably capable of	3346
simultaneous operation, finds that the following sections,	3347
presented in this act as composites of the sections as amended by	3348
the acts indicated, are the resulting versions of the sections in	3349
effect prior to the effective date of the sections as presented in	3350
this act:	3351

Section 3737.88 of the Revised Code as amended by both Am.	3352
Sub. H.B. 153 and Sub. S.B. 171 of the 129th General Assembly.	3353

Section 5117.02 of the Revised Code as amended by both Am.	3354
Sub. S.B. 3 and the version of Am. Sub. S.B. 11 of the 123rd	3355
General Assembly effective on April 1, 2002.	3356

Section 5703.14 of the Revised Code as amended by both Am.	3357
Sub. S.B. 3 and the version of Am. Sub. S.B. 11 of the 123rd	3358
General Assembly effective on April 1, 2002.	3359

Section 8.  (A)(1) Sections 106.02, 106.021, and 106.022 of	3360
the Revised Code do not apply to a proposed rule or revised	3361
proposed rule that was filed under division (D) of section 111.15	3362
or former division (H) of section 119.03 of the Revised Code and,	3363
on the effective date of this section, is pending before the Joint	3364
Committee on Agency Rule Review for review under former division	3365
(I) of section 119.03 of the Revised Code. The Joint Committee,	3366
subject to division (B) of this section, shall review the proposed	3367
rule or revised proposed rule under former division (I) of section	3368
119.03 of the Revised Code as if the division had not been	3369
repealed.	3370

(2) Sections 106.03, 106.031, and 106.032 of the Revised Code	3371
do not apply to an existing rule that was filed under former	3372
section 119.032 of the Revised Code and, on the effective date of	3373
this section, is pending before the Joint Committee on Agency Rule	3374
Review for review under that former section. The Joint Committee,	3375
subject to division (B) of this section, shall review the existing	3376
rule under former section 119.032 of the Revised Code as if the	3377
section had not been repealed.	3378

(B) If, on or after the effective date of this section, the	3379
Joint Committee on Agency Rule Review recommends invalidation of a	3380
proposed rule or revised proposed rule under section 106.021 or	3381
former division (I) of section 119.03 of the Revised Code, or	3382
invalidation of an existing rule under section 106.031 or former	3383
section 119.032 of the Revised Code, the invalidation shall be	3384
carried out under sections 106.04 and 106.041 of the Revised Code.	3385

Section 9.  The phases of this act that complete the intent	3386
of S.B. 2 of the 129th General Assembly are the following:	3387

(1) The amendment of section 103.0511 of the Revised Code	3388
that refers to the Common Sense Initiative Office;	3389

(2) The introductory paragraph and division (E) of section	3390
106.021 of the Revised Code;	3391

(3) Division (A)(6) of section 106.03 of the Revised Code,	3392
and division (B) of section 106.03 of the Revised Code insofar as	3393
it applies to periodic review of an existing rule that has an	3394
impact on businesses;	3395

(4) Divisions (A), (C)(1) and (2), and (E)(2) of section	3396
106.031 of the Revised Code, and division (E)(1) of section	3397
106.031 of the Revised Code insofar as it applies to review of an	3398
existing rule under division (A)(6) of section 106.03 of the	3399
Revised Code;	3400

(5) Sections 106.04 and 106.041 of the Revised Code insofar	3401
as they apply to business review of an existing rule;	3402

(6) The amendment of section 107.54 of the Revised Code; and

3403

(7) Sections 6 and 8 of this act insofar as they apply to	3404
business review of an existing rule.	3405

Section 10.  Section 9 of this act, and the sections and	3406
parts of sections contained in this act that are identified in	3407
Section 9 of this act, constitute an emergency measure that is	3408
necessary for the immediate preservation of the public peace,	3409
health, and safety. An omission exists in the legislatively	3410
intended scope of recently enacted laws providing for executive	3411
and legislative review of rules to evaluate their impact on	3412
businesses. Unless the omission is promptly cured, it may allow	3413
existing rules having an adverse impact on businesses to remain in	3414
effect, to the detriment of the people, businesses, and economy of	3415
Ohio. Therefore, Section 9 of this act, and the sections and parts	3416
of sections contained in this act that are identified in Section 9	3417
of this act, go into immediate effect.	3418