Chapter 109-1 Notice

(A) When the attorney general intends to consider the adoption, amendment or rescission of a rule or rules under Chapter 119. of the Revised Code, the attorney general shall cause to be prepared notice of hearing, which shall include:

(1) A statement of the intention of the attorney general to consider adopting, amending or rescinding a rule or rules;

(2) A synopsis of the proposed rule or rules to be adopted, amended or rescinded, or a general statement of the subject matter to which such rule or rules relates;

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

(4) A statement listing the offices (with address) where the full and complete text of the proposed rule or rules to be adopted, amended or rescinded is on file for public inspection;

(5) The date, time, and place of a public hearing on the proposed action;

(B) The attorney general shall cause the previously described notice of hearing to be published in the register of Ohio. The publication of said notice of hearing shall be made at least thirty days prior to the date of the public hearing.

(C) In addition to the publication of the public notice as provided in paragraph (B) of this rule, notice of the attorney general’s intent to consider adoption, amendment, or rescission of any rule pursuant to section 119.03 of the Revised Code shall be published at the attorney general’s website.

(D) The attorney general shall furnish the public notice required under section 119.03 of the Revised Code and as detailed by paragraph (A) of this rule to any person who requests notice in writing.

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to have available for distribution to those requesting it, the full text of the rule or rules as adopted, amended or rescinded.

Eff 9-30-84, 4-19-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 119

Rule amplifies: RC 119.03, Chapter 109.

R.C. 119.032 review dates: 05/06/2009 and 05/06/2014

(A) The attorney general shall appoint a standing internal audit committee (IAC). The IAC shall advise the attorney general in identifying and implementing improvements to internal processes and activities. Areas of focus for the IAC shall include without limitation:

(1) Efficacy of operations;

(2) Reliability of financial reporting

(3) Deterring and investigating fraud;

(4) Safeguarding assets;

(5) Compliance with applicable laws, rules and regulations;

(6) Transparency of outside counsel appointment decisions and processes;

(7) Review and consider outside counsel’s political contributions that are disclosed pursuant to Ohio law and disclose any appearances of improper favoritism in the choice of outside counsel.

(8) Disclose campaign contributions made by any attorney or law firm that would disqualify that attorney or law firm from serving as outside counsel in accordance with applicable law.

(B) The attorney general shall preside over the IAC as its chairperson and shall appoint no fewer than four and no more than nine persons to serve on the committee. The appointees serve at the pleasure of the attorney general who has sole discretion to remove, replace or add IAC appointees. At least two such IAC appointees shall be external appointees. To qualify as an external IAC appointee, the appointee shall certify that she/he:

(1) Is not a current attorney general employee or a current candidate for employment by the attorney general;

(2) Has no current contact with the attorney general, the Ohio department of administrative services or the auditor of state to provide goods or services in exchange for payment;

(3) Is not currently seeking a contract with the attorney general to provide goods or services in exchange for payment;

(4) She/he has not contributed more than one thousand dollars to the attorney general’s campaign committee within the twenty-four calendar months prior to her/his appointment;

(5) Is not currently appointed by the attorney general to serve as outside counsel and is not currently seeking an appointment from the attorney general to serve as outside counsel; and

(6) Is not employed by a firm that also employees an attorney who is:

(a) Currently appointed by the attorney general to serve as outside counsel; or

(b) Currently a candidate for an appointment from the attorney general to serve as outside counsel.

(C) The attorney general shall convene the IAC at least four times per calendar year. The attorney general shall allow no more than six calendar months to lapse between consecutive IAC meetings. Notice of IAC meetings shall be provide for in a manner directed by the attorney general and in accordance with applicable law. The attorney general may designate a representative to preside over an IAC meeting when the attorney general is unavailable for such a meeting.

(D) The attorney general shall cause a report to be prepared and provided to the IAC prior to each meeting of that committee. That report shall describe the status and progress of the attorney general’s internal audit activities and the other areas of focus described in paragraphs (A)(1) to (A)(8) of this rule.

Effective: 01/22/2009

R.C. 119.032 review dates: 01/22/2014

Promulgated Under: 111.15

Statutory Authority: 111.15

Rule Amplifies: 111.15 and 109

(A) The attorney general shall appoint a standing human resources audit committee (HRAC). The HRAC shall advise the attorney general in identifying and implementing improvements to hiring and personnel management processes and activities. Areas of focus for the HRAC shall include without limitation:

(1) Consistent, objective and justifiable hiring and promotion decisions and processes;

(2) Congruity between the qualifications of new hires and their positions, duties and responsibilities;

(3) Congruity between the qualifications of new hires and the qualifications of other individuals hired for similar or greater duties and responsibilities;

(4) Thorough vetting of potential employment candidates’ background and criminal records, ethical issues and tax or civil liabilities;

(5) Ensuring that hiring and personnel discipline decisions comply with applicable laws, rules, regulations as well as the attorney general’s own internal policies, procedures and standards;

(6) Efforts to recruit and retain a diverse workforce; and

(7) Unusual trends or percentages of employee turnover in a section or division.

(B) The attorney general shall appoint a director of human resources or other person responsible for managing internal personnel matters to serve as chairperson to preside over the HRAC. The attorney general shall appoint no fewer than four and no more than eight other persons to serve on the committee. The appointees serve at the pleasure for the attorney general who has sole discretion to remove, replace or add HRAC appointees, including the chairperson. At least two such HRAC appointees shall be external appointees. To qualify as an external HRAC appointee, the appointee shall certify that she/he:

(1) Is not a current attorney general employee or a current candidate for employment by the attorney general;

(2) Has no current contract with the attorney general, the Ohio department of administrative services or the auditor of state to provide goods or services in exchange for payment;

(3) Is not currently seeking a contract with the attorney general to provide goods or services in exchange for payment;

(4) She/he has not contributed more than one thousand dollars to the attorney general’s campaign committee within the twenty-four calendar months prior to her/his appointment;

(5) Is not currently appointed by the attorney general to serve as outside counsel and is not currently seeking an appointment from the attorney general to serve as outside counsel; and

(6) Is not employed by a firm that also employs an attorney who is:

(a) Currently appointed by the attorney general to serve as outside counsel; or

(b) Currently a candidate for an appointment from the attorney general to serve as outside counsel.

(C) The HRAC chairperson shall convene the HRAC at least two times per calendar year. The HRAC chairperson shall allow no more than seven calendar months to lapse between consecutive meetings. Notice of HRAC meetings shall be provided in a manner directed by the attorney general and in accordance with applicable law. The HRAC chairperson may designate a representative to preside over an HRAC meeting when the chairperson is unavailable for such a meeting.

(D) The attorney general shall cause a report to be prepared and provided to the HRAC prior to each meeting of that committee. That report shall describe the status and progress of the attorney general’s hiring decisions, hiring practices and the other areas of focus described in paragraphs (A)(1) to (A)(7) of this rule.

Effective: 01/22/2009

R.C. 119.032 review dates: 01/22/2014

Promulgated Under: 111.15

Statutory Authority: 111.15

Rule Amplifies: 111.15 and 109