OHIO REVISED CODE

TITLE I STATE GOVERNMENT

CHAPTER 119 ADMINISTRATIVE PROCEDURE

§ 119.03. Procedure for adoption, amendment, or rescission of rules.

In the adoption, amendment, or rescission of any rule, an agency shall comply with the following procedure:

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

The public notice shall include:

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

(2) A synopsis of the proposed rule, amendment, or rule to be rescinded or a general statement of the subject matter to which the proposed rule, amendment, or rescission relates;

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

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

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

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

(B) The full text of the proposed rule, amendment, or rule to be rescinded, accompanied by the public notice required under division (A) of this section, shall be filed in electronic form with the secretary of state and with the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

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

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

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

The agency shall file the rule summary and fiscal analysis prepared under section 121.24 or 127.18 of the Revised Code, or both, in electronic form along with a proposed rule, amendment, or rescission or proposed rule, amendment, or rescission in revised form that is filed with the secretary of state or the director of the legislative service commission.

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

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

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

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

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

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

(F) If the governor, upon the request of an agency, determines that an emergency requires the immediate adoption, amendment, or rescission of a rule, the governor shall issue an order, the text of which shall be filed in electronic form with the agency, the secretary of state, the director of the legislative service commission, and the joint committee on agency rule review, that the procedure prescribed by this section with respect to the adoption, amendment, or rescission of a specified rule is suspended. The agency may then adopt immediately the emergency rule, amendment, or rescission and it becomes effective on the date the rule, amendment, or rescission, in final form and in compliance with division (A)(2) of section 119.04 of the Revised Code, are Å filed in electronic form with the secretary of state, the director of the legislative service commission, and the joint committee on agency rule review. If all filings are not completed on the same day, the emergency rule, amendment, or rescission shall be effective on the day on which the latest filing is completed. The director shall publish the full text of the emergency rule, amendment, or rescission in the register of Ohio.

The emergency rule, amendment, or rescission shall become invalid at the end of the ninetieth day it is in effect. Prior to that date the agency may adopt the emergency rule, amendment, or rescission as a nonemergency rule, amendment, or rescission by complying with the procedure prescribed by this section for the adoption, amendment, and rescission of nonemergency rules. The agency shall not use the procedure of this division to readopt the emergency rule, amendment, or rescission so that, upon the emergency rule, amendment, or rescission becoming invalid under this division, the emergency rule, amendment, or rescission will continue in effect without interruption for another ninety-day period, except when division (I)(2)(a) of this section prevents the agency from adopting the emergency rule, amendment, or rescission as a nonemergency rule, amendment, or rescission within the ninety-day period.

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

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

(H) When any agency files a proposed rule, amendment, or rescission under division (B) of this section, it shall also file in electronic form with the joint committee on agency rule review the full text of the proposed rule, amendment, or rule to be rescinded in the same form and the public notice required under division (A) of this section. (If in compliance with this division an agency files more than one proposed rule, amendment, or rescission at the same time, and has given a public notice under division (A) of this section that applies to more than one of the proposed rules, amendments, or rescissions, the agency shall file only one notice with the joint committee for all of the proposed rules, amendments, or rescissions to which the notice applies.) If the agency makes a substantive revision in a proposed rule, amendment, or rescission after it is filed with the joint committee, the agency shall promptly file the full text of the proposed rule, amendment, or rescission in its revised form in electronic form with the joint committee. The latest version of a proposed rule, amendment, or rescission as filed with the joint committee supersedes each earlier version of the text of the same proposed rule, amendment, or rescission. An agency shall file the rule summary and fiscal analysis prepared under section 121.24 or 127.18 of the Revised Code, or both, in electronic form along with a proposed rule, amendment, or rescission, and along with a proposed rule, amendment, or rescission in revised form, that is filed under this division.

This division does not apply to:

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

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

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

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

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

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

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

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

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

(d) That the rule-making agency has failed to prepare a complete and accurate rule summary and fiscal analysis of the proposed rule, amendment, or rescission as required by section 121.24 or 127.18 of the Revised Code, or both, or that the proposed rule, amendment, or rescission incorporates a text or other material by reference and either the rule-making agency has failed to file the text or other material incorporated by reference as required by section 121.73 of the Revised Code or, in the case of a proposed rule or amendment, the incorporation by reference fails to meet the standards stated in section 121.72, 121.75, or 121.76 of the Revised Code.

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

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

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

Unless the house of representatives and senate adopt a concurrent resolution invalidating a proposed rule, amendment, rescission, or part thereof within the time specified by this division, the rule-making agency may proceed to adopt in accordance with division (D) of this section, or to file in accordance with division (B)(1) of section 111.15 of the Revised Code, the latest version of the proposed rule, amendment, or rescission as filed with the joint committee. If by concurrent resolution certain of the rules, amendments, rescissions, or parts thereof are specifically invalidated, the rule-making agency may proceed to adopt, in accordance with division (D) of this section, or to file in accordance with division (B)(1) of section 111.15 of the Revised Code, the latest version of the proposed rules, amendments, rescissions, or parts thereof as filed with the joint committee that are not specifically invalidated. The rule-making agency may not revise or amend any proposed rule, amendment, rescission, or part thereof that has not been invalidated except as provided in this chapter or in section 111.15 of the Revised Code.

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

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

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

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

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

An order issued under division (I)(4) of this section shall prevent the rule-making agency from instituting or continuing proceedings to adopt any version of the proposed rule, amendment, rescission, or part thereof until the rule-making agency revises the rule summary and fiscal analysis and refiles it in electronic form with the joint committee along with the proposed rule, amendment, rescission, or part thereof. If the joint committee finds the rule summary and fiscal analysis to be complete and accurate, the joint committee shall issue a new order noting that the rule-making agency has revised and refiled a complete and accurate rule summary and fiscal analysis. The joint committee shall send in electronic form to the rule-making agency, the secretary of state, and the director of the legislative service commission a certified text of this new order. The secretary of state and the director of the legislative service commission shall each link this order to the proposed rule, amendment, rescission, or part thereof. The rule-making agency may then proceed to adopt in accordance with division (D) of this section, or to file in accordance with division (B)(1) of section 111.15 of the Revised Code, the proposed rule, amendment, rescission, or part thereof that was subject to the finding and order under division (I)(4) of this section. If the joint committee determines that the revised rule summary and fiscal analysis is still inaccurate or incomplete, the joint committee shall recommend the adoption of a concurrent resolution in accordance with division (I)(1) of this section.

HISTORY: GC § 154-64; 120 v 358; 121 v 578; Bureau of Code Revision, 10-1-53; 133 v H 1 (Eff 3-18-69); 136 v H 317 (Eff 9-30-76); 137 v S 43 (Eff 9-23-77); 137 v H 257 (Eff 1-1-78); 137 v H 25 (Eff 11-4-77); 137 v S 321 (Eff 4-14-78); 138 v S 8 (Eff 9-19-79); 138 v H 204 (Eff 9-19-79); 138 v H 657 (Eff 9-24-79); 139 v H 1 (Eff 8-5-81); 139 v H 694 (Eff 11-15-81); 140 v H 291 (Eff 7-1-83); 140 v H 244 (Eff 7-4-84); 140 v S 239 (Eff 1-1-85); 145 v S 33 (Eff 8-16-94); 148 v S 11, § 1 (Eff 9-15-99; 7-1-2000); 148 v H 470, § 1 (Eff 7-1-2000); 148 v S 11, § 3 (Eff 4-1-2001); 148 v H 470, § 3 (Eff 4-1-2001); 148 v S 11, § 6 (Eff 4-1-2002); 148 v H 470, § 6 (Eff 4-1-2002); 149 v S 265. Eff 9-17-2002.

Å So in enrolled bill, division (F).

The provisions of § 3 of SB 265 (149 v - ) read as follows:

SECTION 3. (A)(1) Except as otherwise provided in division (A)(2) of this section, sections 111.15, 119.03, and 119.032, as amended by this act, and sections 121.71, 121.72, 121.73, 121.74, 121.75, and 121.76 of the Revised Code first apply one month after the effective date of this act. The State Library Board shall use the emergency rule-making procedure of division (F) of section 119.03 of the Revised Code to designate depository libraries under division (J) of section 3375.01 of the Revised Code in anticipation of section 121.74 of the Revised Code becoming first applicable.

(2) The amendment by this act to division (F) of section 119.03 of the Revised Code first applies on the effective date of this act.

(B) As used in Sections 4, 5, 6, and 7 of this act, "date of first applicability" means the date of first applicability specified in division (A)(1) of this section.

Cross-References to Related Sections

Accountancy board -

Certified public accountant education assistance program, fund, RC § 4701.26.

Permits, RC § 4701.10.

Registration of public accounting firms, RC § 4701.04.

Administrative rule codification procedure; publication of Ohio administrative code, RC § 103.05.

Administrative services -

Affirmative action programs, certificate of compliance with, RC § 9.47.

Energy saving measures for state buildings, RC § 156.01 et seq.

Minority businesses, state contracts reserved for, RC § 123.15.1.

Office of risk management, RC § 9.82.1.

Personal information systems, RC § 1347.06.

Personnel -

Board of review, RC § 124.03.

Civil service employees' classification; changes; assignment of pay ranges, RC §§ 124.14, 124.31.1.

Disability leave program, RC § 124.38.5.

Employee health benefit fund, RC § 124.87.

Layoff procedure, RC § 124.32.1 et seq.

Protection of employees reporting violations, RC § 124.34.1.

Public employees deferred compensation board, RC § 148.04.

Public works -

Commission assistance to local subdivisions, RC § 164.05.

Contracts awarded to bidder other than low bidder, RC § 9.31.2.

Lands under department supervision, RC § 123.49.

Minority business enterprises, RC § 123.15.1.

Agency, state -

Agency rules -

Adoption and filing, RC § 111.15.

Agency defined, RC § 101.82.

Filing standards and procedures, RC § 119.04.

Joint committee on agency rule review, RC § 101.35.

Review committee filings -

Department of taxation, RC § 5703.14.

Unemployment compensation, RC § 4141.14.

Rule-making agency defined, RC § 119.01.

Rule-making agency to prepare fiscal analysis of each proposed rule, RC § 127.18.

Aging, department of -

Alzheimer's disease, RC § 173.04.

Golden buckeye card program, RC § 173.06.

Long-term care ombudsman programs, RC §§ 173.16, 173.20, 173.21.

Multipurpose senior centers, RC § 173.11.

Operation of services and facilities; investigations, RC §§ 173.01, 173.02.

Agriculture, director of -

Additives; fertilizer -

Fertilizer; enforcement of regulations; suspension or revocation of product or license, RC §§ 905.44, 905.45.

Fertilizer, penalty for mislabeled, RC § 905.50.

Inspections; suspension or revocation of registration, RC § 905.07.

Liming materials, analytical tolerances of, RC § 905.59.

Rules to implement provisions, RC § 905.05.

Agricultural commodity handlers -

Adjustment or waiver of fee to protect depositors fund, RC § 926.17.

Delayed price agreement, RC § 926.29.

Handler's license, suspension, revocation or refusal, RC § 926.10.

Tester, requirements for, RC § 926.30.

Animals -

Diseases, rules controlling, RC § 941.03.

Licensing of animal shelters for use of drugs for euthanizing animals, RC § 4729.53.1.

Livestock dealers -

License suspension hearing, RC § 943.05.

Veterinary inspector, revocation of approval, RC § 943.13.

Livestock exhibitions, RC § 901.72 et seq.

Purebred livestock, promotion by director, RC § 901.42.

Cold storage warehouses; refusal of licenses; revocation, RC § 915.23.

Commodity marketing program -

Establishing program, RC § 924.02.

Grape industries committee; fund, RC §§ 924.52, 924.53.

Hearings, RC § 924.12.

Financing commission, RC § 901.61.

Foods -

Marketing -

Cucumbers, RC § 925.61.

Eggs, RC § 925.02.

Fruits and vegetables, RC § 925.54.

Meat and poultry acceptance service, RC § 918.42.

Regulations, meat, RC § 918.04.

Regulations, poultry, RC §§ 918.25, 918.28, 918.30.

Milk regulations, RC § 917.22.

Perishable foods sale date label, RC § 3715.17.1.

Ohio expositions commission -

Operation of concessions at fairs, RC § 1711.11.

Pesticides -

Applicator license; liability insurance policy, RC § 921.10.

Certification as private applicator, RC § 921.11.

Denial, cancellation or suspension of registration, RC § 921.05.

Disposal and storage of pesticides, RC § 921.15.

Rules for use of, RC § 921.16.

State restricted use pesticide defined, RC § 921.01.

Rendering plant, revocation of license, RC § 953.31.

Seed and grain -

Coloring, dyeing and seed treatment, RC §§ 907.43, 907.44.

Enforcement, RC §§ 907.33, 907.34.

Alcohol, drug addiction services, department of -

Certification of individuals, RC § 3793.07.

Dispute resolution procedures, RC § 340.03.3.

Duties, RC § 3793.02.

Evaluation and certification of programs, RC § 3793.06.

Appropriation proceedings; cities, RC § 719.31.

Architects -

Certificate of authorization requirement, RC § 4703.18.

Examiners, state board, RC § 4703.02.

Attorney General -

Bingo license for charitable organizations, RC § 2915.08.

Firearms requalification programs, RC § 109.74.3.

Nonprofit health care entity proposing certain transactions to notify attorney general and obtain approval, RC § 109.34.

Peace officer training commission -

Attorney General to adopt rules, RC § 109.74.

Crisis intervention, RC § 109.74.2.

Missing children and child abuse and neglect cases, RC § 109.74.1.

Undercover drug agents, RC § 109.75.1.

Training relating to domestic violence, RC § 109.74.4.

Board of elections -

Election materials delivery; fee and mileage expenses, RC § 3501.36.

Building standards -

Automatic sprinkler system designers, RC § 3781.10.5.

Board, RC § 4104.02.

Proceedings, RC § 3781.10.1.

Boiler inspection, RC § 4104.02.

Certification of local building departments, RC § 3781.10.

Electrical safety inspectors, RC § 3783.05.

Energy conservation, RC §§ 3781.18.1, 3781.21.

Local boards of building appeals, certification of, RC § 3781.20.

Notice of public hearing to change rule, RC § 3781.12.

Submission of plans; licensing; prohibitions, RC § 3791.04.

Cemetery dispute resolution committee, RC § 4767.06.

Chiropractic board, RC § 4734.02.

Hearing, RC § 4734.14.

Rules, RC § 4734.10.

Coal development office; research grants, loans, guarantees, RC § 1555.03.

Commerce, department of -

Cemetery registration; fees, RC §§ 4767.02, 4767.03.

Consumer protection powers of attorney general, RC § 1345.05.

Door-to-door sales activity; registration of employer, RC § 4109.21.

Minimum fair wage standards, RC § 4111.05.

Minors, employment prohibited in certain occupations, RC § 4109.05.

Mortgages, second, regulated by division of financial institutions, RC § 1321.54.

Public employment risk reduction programs, RC §§ 4167.02, 4167.07.

Standards for commercial weighing and measuring devices, RC § 1327.49.

Unclaimed funds; appeal, RC § 169.08.

Cosmetology board -

Sanctions for violations, RC § 4713.17.

Tanning facilities, rules, RC § 4713.25.

Credit unions -

Credit union council, duties, RC § 1733.32.10.

Formation, appeal from adverse decision, RC § 1733.07.

Notice of employment or termination of outside auditor, RC § 1733.19.1.

Regulation, RC § 1733.41.

Self-dealing; outside auditors, RC § 1733.41.1.

Credit union guaranty corporations, RC § 1761.01 et seq.

Criminal justice services, RC § 181.52.

Dental board -

Dental x-ray machine operators, RC § 4715.58.

Disciplinary actions, RC § 4715.30.

Duties defined for qualified personnel, RC § 4715.39.

Organization; investigations, RC § 4715.03.

Development, department of -

Administration of urban and rural initiative program, RC § 122.21.

Development of loan programs, RC § 175.22.

Director may rescind designation of new agency, RC § 122.70.1.

Housing finance agency, RC §§ 175.02, 175.05.

Minority business development -

Division conduct, RC § 122.94.

Minority development financing advisory board, RC §§ 122.74, 122.89.

System of preferences for U.S. and Ohio products and Ohio-based contractors, model act, RC § 125.11.

Tax credit authority may make grants to foster job creation; corporate franchise or state income tax credits, RC § 122.17.

Dietetics, Ohio board of -

Rule-making powers, RC § 4759.05.

Suspension, revocation, reinstatement of license, RC § 4759.07.

Waiver of certain fees, RC § 4759.08.

Drugs -

Adulteration, misbranding, false advertising of, RC § 3715.52 et seq.

Samples; board of pharmacy to regulate, RC § 3719.81.

Education, state board of -

Aid to nonprofit medical, osteopathic and dental schools, RC § 3333.10.

College savings program, RC § 3334.01 et seq.

Department of, RC § 3301.13.

Educational corporation, standards for certificate of authorization, RC § 1713.03.

Certificate revocation, RC § 1713.04.

Educator licenses; local professional development committees to regulate continuing education, RC § 3319.22.

Handicapped -

Guaranteed procedural safeguards, RC § 3323.05.

Preschool programs and school child programs; licensing; fees, RC § 3301.58.

Proprietary schools -

Registration; hearing, RC § 3332.05.

Sales agent's license; revocation, RC § 3332.12.

State board of proprietary school registration, RC § 3332.09.1.

Public instruction, superintendent of -

Adjudication order revoking permanent exclusion of pupil, RC § 3313.66.2.

Rehabilitation services commission -

Administrative review, RC § 3304.20.

Personal care assistance program, RC § 3304.41.

School districts and individual schools, classifying and chartering, RC § 3301.16.

Teachers, standards for certification, RC § 3319.23.

Technical colleges, board of regents duties, RC § 3357.19.

Electronic rule-filing system maintained by director of legislative service commission, RC § 103.05.11.

Embalmers and funeral directors, board of -

Crematory review board hearings, RC § 4717.03.

Disciplinary actions; suspension by operation of law, RC § 4717.14.

Emergency medical services, board of -

Medical technician; accreditation of training, RC § 4765.15.

Rule-making authority, RC § 4765.11.

Environmental protection (see also Natural resources herein) -

Accidental releases of petroleum; claims for payment or reimbursement, RC § 3737.92.

Air pollution control, RC § 3704.04.

Air pollution emergency action plan, RC § 3704.03.2.

Director, RC § 6111.03.

Drinking water protection fund, RC § 6109.30.

Environmental review appeals commission not subject to administrative procedure, RC § 3745.03.

EPA document fees, RC § 3745.11.

Provisions applicable to proposed legislation or administrative rules concerning environmental protection, RC § 121.39.

Radioactive waste facility; license review board, compensation, RC § 3748.09.

Scrap tire facilities, RC § 3734.70.

Solid and hazardous wastes -

Disposal facilities, RC § 3734.02.

Fees, RC § 3734.18.

Explosive gas monitoring at sanitary landfills, RC § 3734.04.1.

Infectious; generators and transporters, RC §§ 3734.02.1, 3734.02.2.

Polychlorinated biphenyls, RC § 3734.12.2.

Title V permit program, RC § 3704.03.6.

Toxic chemical release reporting forms, RC § 3751.02.

Violations; complaints by persons aggrieved or adversely affected; investigation and hearings, RC § 3745.08.

Water -

Coal mining and reclamation general permits, RC § 6111.03.5.

Injection of sewage or wastes into wells; permits, RC § 6111.04.3.

Pollution, agency proceedings, RC § 6111.06.

Quality standards, RC § 6111.04.1.

Safe drinking water, RC § 6109.04.

Water pollution control loan fund, RC § 6111.03.6.

Ethics commission and committees, public officers filing with, RC § 102.02.

Financial institutions, division of -

Banks -

Superintendent of financial institutions, powers, RC § 1125.06.

Investment in domestic reinsurance company, RC § 1109.34.

Reduction or elimination of disadvantage to Ohio bank, RC § 1121.06.

Written notice to superintendent required -

Acquiring controlling interest in bank, RC § 1115.06.

Building and loan associations, RC § 1155.20.

Reserve funds, RC § 1151.33.

Mortgage brokers, RC § 1322.12.

Ohio credit services organization act, RC § 4712.03.

Premium finance company, RC § 1321.77.

Savings and loan associations -

Acquiring controlling interest, RC § 1151.66.

Board of directors, RC § 1151.15.

Funds -

Idle, investment and deposit of, RC § 1151.34.

Maximum investment amount, RC § 1151.30.

Merger of associations or with holding company affiliate, RC § 1151.60.

Power to borrow; repurchase agreements, RC § 1151.28.

Service corporations, loans to and investments in, RC § 1151.34.4.

Savings banks -

Board of directors, RC § 1161.19.

Removal of director or officer, RC § 1161.22.

Superintendent to adopt rules concerning -

Acquisitions and mergers, RC § 1161.76.

Additional capital requirements, RC § 1161.61.

Authorized investments generally, RC § 1161.54.

Borrowing of money; encumbrance of assets, RC § 1161.35.

Consolidation with other savings banks, RC § 1161.77.

Controlling interest, RC § 1161.78.

Investment in service corporation or joint venture, RC § 1161.58.

Maximum amount of assets that may be loaned, RC § 1161.46.

Real estate loans, RC § 1161.38.

Reserve and net worth accounts, RC § 1161.53.

Rules and standards, RC § 1163.24.

Fire marshal -

Fire safety codes, RC § 3737.86.

Fireworks -

Exhibitor's license, RC §§ 3743.51-3743.53.

Fee for classification, manufacture and storage, RC § 3743.05.

Manufacturer's license, RC § 3743.03, 3743.08.

Wholesaler's license, RC § 3743.16.

Storage and business operations, RC § 3743.18.

Revocation of license, RC § 3743.21.

Hotels, violation of fire code, RC § 3731.06.

Small government fire department services revolving loan program, RC § 3737.17.

Underground petroleum storage tanks, inspections, RC § 3737.88.

Revocation of certification, RC § 3737.88.1.

Governor's office of veteran affairs, duties of director, RC § 5902.02.

Health, department of -

Adult care facilities, RC § 3722.01 et seq.

AIDS and HIV related duties of director of health, RC § 3701.24.1.

Community alternative homes -

Renewal of temporary license, RC § 3724.03.

Rules governing adopted by public health council, RC § 3724.05.

Director, RC § 3716.03.

Grants, distribution by commission on minority health, RC § 3701.78.

Hospital care assurance program; certificate of need, RC § 3702.52.

Hospital certification or accreditation, RC § 3727.01 et seq.

Nursing facility deficiencies; remedies, RC § 5111.60.

Nursing homes; licensing; revocation, RC §§ 3721.03, 3721.07.

Ohio cancer registry, RC § 3701.26.2.

Public health council -

Asbestos abatement, RC § 3710.02.

Autopsies after sudden infant death, RC § 313.12.2.

Capital expenditure program, RC § 3701.87.

Certificate of need, RC § 3702.57.

Food service operations, RC § 3717.51.

Hospice care program, RC § 3712.03.

Hospitals, dispensaries and residents rights advocates; classification and registration, RC § 3701.07.

Infectious wastes defined, RC § 3734.01.

Laboratory fees, RC § 3701.23.

Lead abatement, rules for administration and enforcement, RC § 3742.03.

Manufactured home parks, recreational vehicle parks, recreation camps; temporary park-camps, RC § 3733.02.

Maternity boardinghouses, licensing, renewals, and inspection fees, RC § 3711.02.

Newborn infant hearing impairment risk screening, RC § 3701.50.4.

Poison control network, RC § 3701.20.

Public swimming pool, RC §§ 3749.02, 3749.05.

Short-term illness pertaining to home health care, RC § 3721.01.1.

Tattooing or body piercing services, RC § 3730.09.

Radon testing and mitigation, RC § 3723.06 et seq.

Inspector general, RC § 121.50.

Insurance, department of -

Accelerated benefits; life insurance, RC § 3915.24.

Agents -

Grounds for disciplinary action, procedure; actions by attorney general, RC § 3905.49.

Commercial insurance rates deemed excessive or inadequate, RC § 3937.03.

Coordination of benefits; third-party payments, RC § 3902.14.

Credit life and accident and health insurance, RC § 3918.12.

Disclaimer of affiliation, RC § 3901.33.

Equity security; reporting requirements of insider sales, RC § 3901.31.

Fair plan underwriting association, RC §§ 3929.43, 3929.47.

Joint underwriting association, RC §§ 3929.72, 3929.78.

Life insurance policy sales, RC § 3911.01.1.

Medical savings accounts, RC § 3924.61 et seq.

Mine subsidence insurance fund, RC § 3929.53.

Ohio commercial insurance joint underwriting association, RC § 3930.03.

Ohio life and health insurance guaranty association, RC § 3956.11.

Property and casualty insurance guaranty association, RC § 3955.10.

Redomestication model act, RC § 3913.40.

Remedies for noncompliance with provisions or with liquidation or rehabilitation order, RC § 3905.65.

Sale of long-term care insurance, RC § 3923.44.

Superintendent of insurance, RC §§ 3901.04.1, 3901.35.

Calculation of life insurance reserves, RC § 3911.01.2.

Claims form standardization, RC § 3902.22.

Health insuring corporations, RC Chapter 1751.

Managing general agent, RC § 3905.79.

Minimum reserves, RC § 3929.01.2.

Multiple employer welfare arrangement, RC Chapter 1739.

Surplus line broker, affidavit, RC § 3905.33.

Viatical settlement provider or broker, RC § 3916.15.

Job and family services -

Adoption -

Rules for home study and report, RC § 3107.03.2.

Children's trust fund board, RC § 3109.17.

Child support enforcement agency -

Administrative support orders, RC § 3111.20 et seq.

Employment of administrative officers, RC § 3111.53.

Education program for adoption assessors, RC § 3107.01.3.

Federal payments for foster care and adoption assistance, RC § 5101.14.1.

Fees, medical assistance program; collection of, RC § 5111.02.1.

Group health plan, RC § 5111.13.

Hospital care assurance program, RC § 5112.03.

Juvenile court -

Administrative review of case plan, RC § 2151.41.6.

Case plan for each child, RC § 2151.41.2.

Medical assistance -

Department to act by adjudication order, RC § 5111.06.

Former Ohio works first participant, RC § 5111.02.3.

Rules for administration and enforcement, RC § 5111.36.

State's lien for amount owed by provider, RC § 5111.02.1.

Mental retardation -

Nursing and intermediate care facilities -

Compensation cost limits, RC § 5111.26.1.

Determination of case-mix score, RC § 5111.23.1.

Methodology for calculating prospective rates, RC § 5111.25.7.

Per resident per day rates for capital costs, RC §§ 5111.25, 5111.25.1.

Per resident per day rates for direct and indirect care costs, RC §§ 5111.23, 5111.24, 5111.24.1.

Reconsideration of rates, RC § 5111.29.

Waiting lists for services held by county board of MR/DD, RC § 5126.04.2.

Nonrefundable credit for eligible employee training costs; certificate, RC § 5733.42.

Nursing facility deficiencies, RC § 5111.35 et seq.

Patient abuse or neglect conviction; revocation of license, RC § 2903.37.

Pharmacy and therapeutics committee, RC § 5111.81.

Publicly funded child day-care, RC § 5104.38.

Monitoring county expenditures, RC § 5104.39.

Reimbursement of counties for children services, RC § 5101.14.

Social services program, RC § 5101.46.

Landscape architect examiners, state board -

Administrative procedures, RC § 4703.44.

Certificate of authorization requirement, RC § 4703.33.1.

Duties, RC § 4703.33.

Library, state board, RC § 3375.01.

Medical board, state -

Anesthesiologist assistants, RC Chapter 4760.

Hearing examiner, RC § 4731.23.

Medical education evaluation commission and program, RC § 4731.09.

Physician assistants, RC § 4730.07 et seq.

Physicians; revocation of certificate, RC §§ 4731.22, 4731.22.3.

Rules; adjudication proceedings, RC § 4731.05.

Standards for impaired practitioner treatment providers, RC § 4731.25.

Universal blood and body fluid precautions, RC § 4731.05.1.

Mental health, department of -

Community mental health boards, director's duties toward, RC § 5119.61.

Director; duties, RC § 5119.01.

Licensing procedures for residential facilities, RC § 5119.22.

Operation of hospitals for mentally ill persons, RC § 5119.20.

Relevant constituencies inclusion in rule adoption procedures, RC § 5119.06.

Mental retardation and developmental disabilities, department of -

Certification for employment, RC § 5123.08.2.

Contracts to provide residential or respite care services or reimbursement for clothing costs, RC §§ 5111.25.2, 5123.18.

County board -

Programs and services, RC §§ 5126.05, 5126.08.

Salary schedules of employees, RC § 5126.24.

Standard cost allocation procedures, RC § 5126.10.

Ombudsman section in legal rights service; procedures to handle complaints, RC § 5123.60.1.

Persons qualified as receivers to operate facility, RC § 5123.19.1.

Proceedings, payment of costs and expenses, RC § 5123.96.

Quality assurance standards for supported living facilities, RC § 5126.43.1.

Report form and schedule, RC § 5123.17.2.

Residential facilities; licensing; inspection; operation, RC § 5123.19.

Respite care services, RC § 5123.17.1.

Standards; procedures; complaints, RC § 5123.04.

Natural resources, department of (see also Environmental protection herein) -

Coastal management program, RC Chapter 1506.

Endangered species -

Plants, RC §§ 1518.01, 1518.03.

Lake Erie erosion hazard area -

Appeals from final identification of hazard area, RC § 1506.08.

Leasing of lakefront land, RC § 1506.11.

Permanent structures, RC § 1506.07.

Lake Erie submerged lands preserves, RC § 1506.31.

Mineral resources management, division of, not subject to administrative procedures, when, RC § 1513.02.

Chief of division, RC § 1509.03.

Contamination of water; disposal of brine into well water, RC § 1509.22.

Mining, surface and underground, RC § 1513.35.

Wells, drilling or injecting substances into, RC § 1509.22.1.

Natural areas and preserves, division of, RC § 1517.02.

Oil and gas commission, RC § 1509.35.

Parks and recreation division, RC §§ 1541.01, 1541.03.

Use of firearms or fireworks, RC § 1541.19.

Recreational trails, RC § 1519.01.

Removal of minerals from and under the bed of Lake Erie, RC § 1505.07.

Soil and water conservation commission, RC §§ 1515.02, 1515.05.

Water, division of -

Annual inspection fee from owners of dams, RC § 1521.06.3.

Dam, dike or levee construction permits, RC § 1521.06.

Dam, dike or levee repair orders, RC § 1521.06.2.

Facilities capable of withdrawing more than 100,000 gallons of water per day, RC § 1521.16.

Protection of water resources, RC § 1501.31.

Water and sewer commission, RC § 1525.12.

Wildlife, division of, RC § 1531.08.

Commercial bird shooting preserve, RC § 1533.72.

Dog training grounds, purchase of game birds for, RC § 1533.19.1.

Fishing tournaments, operation of, RC § 1533.93.

Ginseng management program, RC § 1533.88.

Ginseng resale or export permit, RC § 1533.88.1.

Nursing -

Alternative program for chemically dependent nurses, RC § 4723.35.

Board of nursing education and nurse registration, RC § 4723.02.

License -

Revocation hearing, RC §§ 4723.28, 4723.28.1.

Subpoena of witnesses or records, RC § 4723.29.

Nursing homes -

Resident's rights, RC § 3721.10 et seq.

Occupational therapy, physical therapy, and athletic trainers board of Ohio, RC § 4755.03.

Athletic trainers section, rules, RC § 4755.61 et seq.

Occupational therapy; license renewal and suspension, RC §§ 4755.09, 4755.10.

Physical therapy; license renewal fee, RC § 4755.46.

Ohio ambulance licensing board, RC § 4766.01 et seq.

Ohio historical society -

Archeological survey and salvage work permit; rules, RC § 149.54.

Ohio rail development commission franchise agreements, RC § 4981.30 et seq.

Optical dispensers board -

Powers, RC § 4725.44.

Refusal, suspension or revocation of license, RC §§ 4725.53, 4725.54.

Optometry, state board of -

Certificate or license renewal, RC § 4725.16.

Orthotists, prosthetists, pedorthists, state board of, RC § 4779.08.

Precious metals dealer license, RC § 4728.03.

Public safety, director of -

Animal-drawn or slow-moving vehicles, RC § 4513.11.

Bumper height and other modifications, RC § 4513.02.1.

Driver training schools, RC § 4508.02.

Ignition interlock device, RC § 4511.83.

License plate specifications, RC § 4503.22.

Motorized bicycles, RC § 4511.52.1.

Motor vehicles -

Buses for preschool children, RC § 4513.18.2.

Commercial drivers' qualification and testing, RC § 4506.09.

Dealers board, RC § 4517.32.

International registration plan; motor vehicle licenses, RC § 4503.60 et seq.

Motor vehicle decal registration program, RC §§ 311.31, 505.67, 737.40.

Registrar, RC § 4509.03, 4509.04.

Bus taxation and reciprocity agreement exemptions, RC § 4503.81.

Written authorization required to sell repossessed manufactured home, RC § 4505.20.

Replacement of vehicle identification numbers, RC § 4549.62.

Restrictions of license by registrar, RC § 4507.14.

Rural mail delivery, highway survey and funeral escort vehicles, RC § 4513.18.1.

Snowmobiles and all-purpose vehicles, RC § 4519.20.

State highway patrol inspections; unsafe vehicles, RC § 4513.02.

Law enforcement automated data system, RC § 5503.10.

Public utilities commission -

Transportation of hazardous materials -

Carriers, preregistration and registration, RC § 4905.80.

Highway route assessment, RC § 4905.81.

Public works; state committee for purchase of products and services provided by persons with severe disabilities, RC § 4115.33.

Rehabilitation and correction, department of -

Correctional facilities, community based, RC § 5120.11.1.

Grants for construction or renovation of halfway houses, RC § 5120.10.3.

Parole authority, adult -

Halfway house lodging, RC § 2967.14.

Transitional control program, RC § 2967.26.

Physician recruitment program, RC § 5120.55.

Prisoners -

Electronically monitored house arrest, RC § 2929.23.

Government and employment of, RC § 5145.03.

Pilot program; shock incarceration for certain nonviolent youthful offenders, RC § 5120.03.1.

Purchase of supplies, equipment, services, and insurance for program for employment of, RC § 125.04.

Searches of visitors to correctional institutions, RC § 5120.42.1.

Respiratory care board -

Duties, RC § 4761.03.

Hearings, RC § 4761.09.

Review date to be assigned to each rule; considerations; notice to joint committee; concurrent resolutions invalidating rule, RC § 119.03.2.

Sanitarian registration, state board of -

Certificate of registration, RC §§ 4736.11, 4736.13.

Duties and powers, RC § 4736.03.

Self-insuring employers evaluation board, revocation of status, RC § 4123.35.2.

Ski tramway board -

Passenger tramways construction and operation, RC § 4169.02.

Suspension of tramway certificate to operate; procedures, RC § 4169.06.

Speech-language pathology and audiology, board of -

Duties, RC § 4753.05.

Licensure, disciplinary actions, RC § 4753.10.

State employment relations board, RC § 4117.02.

State lottery commission, RC § 3770.03.

State racing commission, RC § 3769.03.

Superintendent of real estate -

Real estate appraiser board, RC §§ 4763.03, 4763.09-4763.11.

Real estate commission -

Brokers, RC § 4735.10.

Continuing education; licensing procedures, RC § 4735.14.1.

Investigation of complaint; hearing, RC § 4735.05.1.

Tax commissioner -

Cigarette tax, optional methods of collecting, RC § 5743.04.

Energy subsidy programs, RC § 5117.02.

Transportation, department of -

Director, RC § 5516.13.

Load and size limits on highways, RC § 5577.05.

Regulation of aircraft on public property, RC § 4561.12.

Rest areas, use of; commercial activities, RC § 5515.07.

Structures or objects near airports, RC § 4561.31 et seq.

Tourist-oriented directional sign program, RC § 4511.10.2 et seq.

Workers' compensation, bureau of -

Administrator and industrial commission chairman to adopt joint rules, RC § 4121.30.

Health care partnership program, RC § 4121.44.1.

Marine employers insurance coverage payments, RC § 4131.14.

Medical examination requirement, RC § 4123.53.

Surety bonds for self-insuring employers, RC § 4123.35.1.

Youth services, department of -

Community corrections facilities for delinquent children, RC § 5139.36.

Ohio Rules

Declaratory judgment, CivR 57.

Ohio Adminstrative Code

Public notice relative to adoption, amendment, rescission of rules by state agencies -

Accountancy board. OAC 4701-1-01.

Aging, department of. OAC 173-1-01.

Air quality development authority. OAC 3706-1-02.

Alcohol and drug addiction services, department of. OAC 3793:1-1-01.

Ambulance licensing board. OAC 4766-2-01.

Apportionment board. OAC 011-1-08.

Apprenticeship council. OAC 4111-1-01.

Architects, board of examiners of. OAC 4703-4-03.

Athletic commission. OAC 3773-1-08.

Attorney general. OAC 109-1-01.

Auctioneers, licensing of. OAC 1301:4-3-01.

Audiology, speech-language pathology, board of. OAC 4753-1-01.

Auditor of state: chief inspector and supervisor of public offices. OAC 117-2-04.

Aviation, division of. OAC 5501:1-8-01.

Banks - see Financial institutions.

Barber board. OAC 4709-1-04.

Bedding and upholstered furniture inspection, division of. OAC 4101:6-1-19.

Blind, services for - see Visually impaired.

Boxing commission - see Athletic commission.

Budget and management, office of. OAC 126-1-01.

Building and loan associations - see Financial institutions.

Building standards, board of. OAC 4101:2-92-01.

Capitol square review and advisory board. OAC 128-2-01.

Cemetery dispute resolution commission. OAC 1301:13-1-01.

Certificate of need review board. OAC 3702-1-02.

Chiropractic examining board. OAC 4734-1-01.

Commerce, department of. OAC 1301-1-01.

Community services, office of. OAC 122:5-1-01.

Consumer finance - see Financial institutions.

Conservation, division of civilian. OAC 1501:53-1-02.

Construction industry examining board. OAC 4101:16-1-03.

Cosmetology, board of. OAC 4713-1-04.

Counselor and social worker board. OAC 4757-1-01.

Credit unions - see Financial institutions.

Dental board. OAC 4715-1-01.

Development, department of. OAC 122-1-01, OAC 122-5-02.

Dietetics, board of. OAC 4759-1-01.

Disabilities, governor's council on people with. OAC 3303-1-03; see also, Handicapped.

Dispute resolution and conflict management, commission on. OAC 179-1-01.

Education -

Board of. 3 Ohio Sch. Law: OAC 3301-1-01.

Youth services, department of. OAC 5139-25-01.

Research Aids

Rulemaking:

O-Jur3d: Admin L §§ 47-49, 51-55, 57-59; Intox L §§ 28, 29

Am-Jur2d: Admin L §§ 184, 198-202

ALR

Administrative Procedure Act, construction on application of 5 USCS § 553(a)(2), exempting from APA's rulemaking requirements matters relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. 41 ALRFed 926.

Sufficiency of agency's compliance with requirement of Administrative Procedure Act (5 USCS § 553(c)) that agency shall incorporate in rules adopted concise general statement of their basis and purpose. 46 ALRFed 780.

Validity of legislation relating to publication of legal notices. 26 ALR2d 655.

Law Review

Administrative adjudications: an overview of the existing models and their failure to achieve uniformity and a proposal for a uniform adjudicatory framework. Comment. 46 Ohio St. L.J. 355 (1985).

Administrative review and the Ohio modern courts amendment. Ivan Cate Rutledge. 35 Ohio St. L.J. 41 (1974).

Appellate review of administrative rule making in Ohio - prospects for revival. Robert L. Brubaker, David E. Northrop. 37 Ohio St. L.J. 471 (1976).

The continued viability of Ohio's procedure for legislative review of agency rules in the post-Chadha era. Comment. 49 Ohio St. L.J. 251 (1988).

Development of environmental law through the administrative process. Barry H. Smith. 4 CAP. U.L. Rev. 203 (1975).

The Federal APA and state administrative law. Earl Bonfield. 72 VirginiaLRev 297 (1986).

Legislative control over administrative rule making. Charles H. Melville. 32 CinLRev 33 (1963).

Legislative veto in Ohio: the "twilight zone of distinction." Note. 9 UDayLRev 557 (1984).

More magic with less smoke: a ten year retrospective on Ohio's collective bargaining law. 19 UDayLRev 1 (1993).

Ombudsman in Ohio. David C. Cummins. 30 Ohio St. L.J. 1 (1969).

Public process and Ohio Supreme Court rulemaking. Jeffrey A. Parness, Christopher C. Manthey. 28 Clev. St. L. Rev. 249 (1979).

Recent developments in Ohio administrative law: regulating the regulators? Henry P. Tseng. 4 Ohio N.U.L. Rev. 317 (1977).

The right of appeal by administrative authority from adverse judicial rulings. Ervin H. Pollack, Harriet S. Martin. 14 Ohio St. L.J. 408 (1953).

State law in the teaching of administrative law: a critical analysis of the status quo. Earl Bonfield. 61 TexasLRev 65.

CASE NOTES AND OAG








Analysis

Generally.

Action to be based on rules.

Administrative hearing.

Appeal to court.

Agency interpretation.

Amendment of rule.

Authority of agency.

Conflict with statute.

Consideration of proposed rule.

Continuation of prior rules.

Cross-examination of witnesses.

Declaratory judgment actions.

Disclosure.

Discretion of agency.

Duration of rule.

Effective date of rules.

Effect of noncompliance.

Effect of rules.

Hearing.

Internal agency procedures.

Invalid rules.

Invalidation of rule by legislature.

Liquor Control Commission.

Mandatory provisions.

Notice.

Notice of public hearing.

Notice requirements.

Parties adversely affected.

Rules by adjudication.

Synopsis of rule.

Temporary written orders.

Violation of rule as negligence.

Generally

Ohio Administrative Code 109:4-3-16, the rule implementing the Ohio Consumer Sales Practices Act, was properly adopted pursuant to RC § 119.03: Celebrezze v. Fred Godard Ford, Inc., 27 Ohio App. 3d 301, 27 Ohio B. 357, 500 N.E.2d 881 (1985).

Because his power is administrative rather than legislative in nature, the director of administrative services may not issue rules which are unreasonable, which conflict with statutory enactments covering the subject matter, or which add to his delegated powers: Carroll v. Dept. of Admin. Services, 10 Ohio App. 3d 108, 10 Ohio B. 132, 460 N.E.2d 704 (1983).

Action to be based on rules

In the absence of a rule promulgated pursuant to the procedures set forth in RC Chapter 119, the administrator of workers' compensation is without authority to refund or reduce premiums pursuant to RC § 4123.32: State ex rel. United Auto Aerospace & Agricultural Implement Workers of Am. v. Ohio Bur. of Workers' Comp., 95 Ohio St. 3d 408, 2002-Ohio-2941, 768 N.E.2d 1129 (2002).

The State Medical Board may not deny an applicant's application to practice medicine in the state of Ohio based upon policies or rules which are not promulgated pursuant to RC Chapter 119.: Hyde v. State Medical Bd., 33 Ohio App. 3d 309, 515 N.E.2d 1015 (1986).

Administrative hearing

The right to be heard in an administrative hearing does not include the implied right to receive a response to public comments, stating the reason for the agency's agreement or disagreement with such comments. (RC § 119.03, construed.): Youngstown Sheet & Tube Co. v. Maynard, 22 Ohio App. 3d 3, 22 Ohio B. 37, 488 N.E.2d 220 (1984).

Appeal to court

On appeal to the common pleas court from an order of the board of liquor control adopting a regulation fixing the minimum markup for carry-out retail sales of beer and malt beverages, in the absence of a transcript of the proceedings before the board showing compliance with the procedure prescribed by RC § 119.03 for the adoption of regulations, a finding of the common pleas court that the procedural requirements in adopting the regulation were complied with, and its judgment affirming the action of the board in adopting the regulation, are not supported by the record: Maggiore v. Board of Liquor Control, 115 Ohio App. 131, 20 Ohio Op. 2d 234, 184 N.E.2d 248 (1961).

Agency interpretation

The "interpretation" by the board of dietetics that RC § 4759.06(D) required a college course in chemistry for a degree to qualify as being in "another related field acceptable to the board" was a "rule" under RC § 119.01(C) because it was to have a general and uniform operation: Livisay v. Ohio Bd. of Dietetics, 73 Ohio App. 3d 288, 596 N.E.2d 1129 (1991).

Amendment of rule

Amendments which are finally adopted pursuant to RC § 119.03(D), (see also RC § 119.03(H)) may differ from the synopsis of proposed amendments published under paragraph (A) of RC § 119.03 and the full text of the proposed amendments filed under paragraph (B) of RC § 119.03, provided the amendments finally adopted are sufficiently consistent with the public notice to insure that all persons affected have been afforded a reasonable opportunity to present their views on the substance and effect of the amendments at the public hearing conducted therefor: Jamison Plumbing & Heating Co. v. Rose, 14 Ohio App. 2d 47, 43 Ohio Op. 2d 136, 236 N.E.2d 561 (1967).

Where an agency has followed and completed the necessary statutory procedure in adopting an amended rule, upon the arrival of the effective date of such amended rule its predecessor is, by operation of law, automatically repealed. (Golubski v. Board of Embalmers & Funeral Directors, 114 OApp 111, 18 OO2d 442, 180 NE2d 861, overruled in part): Jamison Plumbing & Heating Co. v. Rose, 14 Ohio App. 2d 47, 43 Ohio Op. 2d 136, 236 N.E.2d 561 (1967).

In deciding whether the director of industrial relations is granted authority by RC § 4111.07 to make amendments before adopting the recommendations of a wage board appointed for the purpose of establishing a minimum wage for women and minors employed in an industry, the court may consider the language of RC § 119.03(D), of the administrative procedure act, that permits an agency to adopt "such proposed rule, amendment, or rescission, or revision thereof, consistent with the public notice": Acme Laundry & Dry Cleaning Co. v. Mahoney, 92 Ohio L. Ab. 147, 189 N.E.2d 915 (CP 1963).

The provision of the administrative procedure act, RC § 119.03(D), (see also RC § 119.03(H)), that "no rule [of] an administrative board subject to such act] shall be amended except by a new rule which shall contain the entire rule as amended, and shall repeal the rule amended," is mandatory; and an attempted amendment of a rule without any repeal of the former rule is illegal and never becomes effective: Golubski v. Board of Embalmers, 114 Ohio App. 111, 18 Ohio Op. 2d 442, 180 N.E.2d 861 (1961).

Under the provisions of RC § 119.03(D), the public health council may revise a rule after the original proposal is presented at the public hearing required by law; and such rule, as adopted may contain amendments, substitutions and additions to that originally proposed by the agency and considered by it at such public hearing; but such power of revision is limited by the requirements that the rule adopted be "consistent with the public notice": Ohio State Federation v. Public Health Council, 113 Ohio App. 113, 17 Ohio Op. 2d 108, 172 N.E.2d 726 (1961).

By virtue of RC § 119.03, that no administrative rule shall be amended except by a new rule containing the entire rule as amended and repealing the rule amended, the new rule may be challenged and tested in its entirety, even though it contains provisions of the rule amended: Motors Ins. Corp. v. Dressel, 80 Ohio App. 505, 36 Ohio Op. 301, 73 N.E.2d 817 (1947).

Authority of agency

Conflict with statute

Consideration of proposed rule

In its consideration of proposed rules, the public health council may, under the provisions of RC § 119.03, hold operational meetings with its staff subsequent to the public hearings required by law, in order to implement its rule-making function and arrive at a test of such rules in "final form" for adoption; and such agency may consult its departmental staff after such public hearing as to the advisability of adopting the original proposal or with respect to amendments to or substitutes for provisions of such original proposal: Ohio State Federation v. Public Health Council, 113 Ohio App. 113, 17 Ohio Op. 2d 108, 172 N.E.2d 726 (1961).

Continuation of prior rules

Cross-examination of witnesses

No person in attendance at a public rule hearing, conducted by the public health council pursuant to RC § 119.03, has the right to cross-examine any witness, but the public health council may, in its sound discretion, adopt procedures permitting cross-examination during such hearings: OAG No. 73-125 (1973).

Declaratory judgment actions

Disclosure

Revised Code § 119.03 does not require disclosure to the public of scientific and support data as to proposed administrative rules of the Director of Environmental Protection (OAC 3745-1-01 through 3745-1-14) or disclosure of ex parte comments from agencies such as the United States Environmental Protection Agency prior to the close of the public comment period so that more meaningful public comment could be made on the proposed rules; nor must a new comment period be provided when the final rules as adopted are substantially different from the proposed rules: Middletown v. Nichols, 9 Ohio App. 3d 135, 9 Ohio B. 199, 458 N.E.2d 886 (1983).

Discretion of agency

Duration of rule

Effective date of rules

Revised Code § 119.03, paragraph (D), requires that the effective date of amendments to existing rules be specifically designated at the time the order adopting such amendments is issued. A declaration that the amendments will be effective ten days following their filing with the secretary of state is insufficient: Jamison Plumbing & Heating Co. v. Rose, 14 Ohio App. 2d 47, 43 Ohio Op. 2d 136, 236 N.E.2d 561 (1967).

The provision of paragraph (D) of RC § 119.03, a part of the administrative procedure act, that, in promulgating rules or changes in rules, an administrative agency "shall designate the effective date thereof," is mandatory; and an order of the board of embalmers and funeral directors attempting to enact or amend a rule of such board, which fails to fix any date when the attempted change is effective, is fatally defective: Golubski v. Board of Embalmers, 114 Ohio App. 111, 18 Ohio Op. 2d 442, 180 N.E.2d 861 (1961).

Effect of noncompliance

Effect of rules

Hearing

A hearing conducted by the board of embalmers and funeral directors prior to the adoption of various changes in the rules and regulations governing funeral directors and the conducting of funerals does not comply with the procedural requirements of the administrative procedure act, where rulings and remarks by the chairman of such board unreasonably restrict interested persons in the exercise of their rights under such act (RC § 119.03(C)), and the hearing is adjourned after only two hours during which lengthy remarks are made by the chairman: Golubski v. Board of Embalmers, 114 Ohio App. 111, 18 Ohio Op. 2d 442, 180 N.E.2d 861 (1961).

Internal agency procedures

The provisions of RC § 119.03 having to do with the enactment of rules by an administrative agency, do not apply to a so-called "directive and order" of an administrative agency addressed "to all personnel" of such agency, and which is for the guidance of departmental procedures to regulate the work of such agency and involves only internal procedures: Lloyd v. Industrial Comm., 119 Ohio App. 467, 28 Ohio Op. 2d 80, 200 N.E.2d 705 (1964).

Invalid rules

Invalidation of rule by legislature

Liquor Control Commission

Revised Code § 4301.03 contemplates that the Liquor Control Commission comply with the Administrative Procedure Act, RC Chapter 119., in adopting administrative rules: Rashid v. Ohio Liquor Control Comm., 50 Ohio App. 3d 32, 552 N.E.2d 663 (1988).

Mandatory provisions

The provisions of RC §§ 119.02 and 119.03, a part of the administrative procedure act, which have to do with the procedure for the adoption of rules by an agency subject to such act and compliance therewith, are mandatory, and the failure by such an agency to adopt a rule as to giving notice before it initiates or takes steps to adopt a regulatory rule invalidates such regulatory rule: In re Appeal from Rules, 118 Ohio App. 407, 25 Ohio Op. 2d 310, 195 N.E.2d 112 (1963).

The board of liquor control in the adoption of regulations is required to comply with the mandatory procedure prescribed by RC § 119.03: Maggiore v. Board of Liquor Control, 115 Ohio App. 131, 20 Ohio Op. 2d 234, 184 N.E.2d 248 (1961).

In its development of amendments to the state health plan, the Statewide Health Coordinating Council (SHCC) must, pursuant to RC § 3702.56(C), follow the procedures set forth in RC § 119.03(A), (B), (C), and (H), with the exception of requirements imposed pursuant to RC § 121.24 or 127.18, but need not comply with RC § 119.03(D), (E), (F), (G), and (I). In particular, the SHCC must follow the public notice and hearing procedures of RC § 119.03(A) and (C) and must file proposals with the Secretary of State, the Director of the Legislative Service Commission, and the Joint Committee on Agency Rule Review under RC § 119.03(B) and (H), but proposed amendments to the state health plan are not subject to invalidation by the general assembly pursuant to RC § 119.03(I): OAG No. 85-046 (1985).

Notice

Pursuant to RC § 119.03(E), an agency must inform those affected by the adoption of a rule prior to its effective date by means which are reasonably calculated to inform such individuals, but the agency is not required to give public notice of the rule's adoption: State Med. Bd. of Ohio v. Murray, 66 Ohio St. 3d 527, 613 N.E.2d 636 (1993).

Notice of public hearing

Where the record shows that the procedural requirements in adopting and amending rules under RC § 119.01 (GC § 154-62) et seq have been substantially complied with by the state racing commission, a party actually present and taking an active part in the hearings involved therein has no right to complain that the provisions relating to the public notice of such hearings were not strictly complied with: Standard "Tote" Inc. v. Ohio State Racing Comm., 58 Ohio Op. 337, 68 Ohio L. Ab. 19, 121 N.E.2d 463 (CP 1954).

Where the Ohio board of building standards deems it advisable to adopt a rule or regulation or amendment or annulment thereof, under RC § 3781.12, the board must comply with the provision in RC § 3781.12, to the effect that the notice of public hearing thereon must state in full the proposed rule or regulation to be adopted, amended or annulled, or the proposed amendment, since that section and not RC § 119.03 controls the question of what constitutes proper legal notice: 1956 OAG No. 6199 (1956).

Notice requirements

Neither RC § 119.03 nor OAC 1301:7-3-05 requires the state fire marshal to provide any notice in addition to the public notice required by RC § 119.03: Fayette Fire & Safety Equip. Co. v. Hennosy, 65 Ohio App. 3d 10, 582 N.E.2d 1006 (1989).

Parties adversely affected

Parties who have been represented at a hearing before the board of review of the bureau of unemployment compensation at which certain rules of procedure were adopted, who are amenable to the unemployment compensation laws and who object that certain rules adopted are unlawful or unreasonable are parties adversely affected as contemplated by RC § 119.03: Columbus Green Cabs, Inc. v. Board of Review, 88 Ohio L. Ab. 107, 184 N.E.2d 257 (CP 1961).

Rules by adjudication

Synopsis of rule

The language of RC § 119.03 after referring to a synopsis of a proposed rule is followed by the disjunctive "or," thus making it optional that a general statement of the subject matter to which the proposed rule relates may be substituted for such synopsis: Standard "Tote" Inc. v. Ohio State Racing Comm., 58 Ohio Op. 337, 68 Ohio L. Ab. 19, 121 N.E.2d 463 (CP 1954).

Revised Code § 119.03, relating to the publication of notice of a change of rules by an administrative agency provides in the alternative that such notice must contain a synopsis of the rule or a general statement of the subject matter to which the rule relates and a notice of a proposed change in rules by the state racing commission which refers to the rules as "Rules 41, 49, 50 relating to permits to race... Rules 256 and 257, Corrupt Practices" constitutes a substantial compliance with such section: Standard "Tote" Inc. v. Ohio State Racing Comm., 58 Ohio Op. 337, 68 Ohio L. Ab. 19, 121 N.E.2d 463 (CP 1954).

Temporary written orders

"Temporary written orders" may be adopted by the chief of the division of wildlife pursuant to RC § 1531.08, without a public hearing and without compliance with RC § 119.03; "modifying or rescinding orders" enacted pursuant to RC § 1531.08, do not require a public hearing: 1964 OAG No. 1122 (1964).

Violation of rule as negligence