Chapter 125-3 Adoption, Amendment or Rescission of Rules

125-3-01 Procedure for adoption, amendment or rescission of rules.

The adoption, amendment or rescission of any rule shall comply with the provisions of sections 119.03 to 119.05 of the Revised Code. The procedure to be followed shall be:

(A) Public notice as to the adoption, amendment or rescission of rules shall be given in accordance with the following procedure:

(1) Any public notice shall include:

(a) A statement of intention to consider the adoption, amendment or rescission of such rule;

(b) A general statement of the subject matter to which the proposed rule relates;

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

(d) The date, time and place of the public hearing to consider the adoption, amendment or rescission of the rule, which shall not be earlier than thirty days after the filing of the proposed rule;

(2) Such public notice shall be given in the register of Ohio at least thirty days prior to such hearing.

(3) Such public notice, together with a copy of the full text of the proposed rule, amendment or rule to be rescinded and accompanying rule summary and fiscal analysis form, shall be filed electronically with the secretary of state, the joint committee on agency rule review and the director of the legislative services commission at least thirty days prior to such hearing .

(B) The hearing shall be open to the public at which time any person affected by the proposed action will be given an opportunity to present any information tending to show that the proposed rule is either unlawful or unreasonable which that person or his representative cares to present. Following the public hearing the record shall be left open for a reasonable period of time for the submission of additional written comments. The department shall give consideration to all testimony or other evidence presented at the hearing or submitted as part of the record.

(C) The rule or rules in the final form, designating the effective date thereof, shall be filed electronically with the secretary of state, the joint committee on agency rule review and the director of the legislative services commission at least ten days prior to the date on which the rule changes are to be effective.

(D) A copy of the department's notice of adoption, shall be sent to each state agency.

(E) The department shall make available the full text of the rule or rules as adopted or amended to any person upon request.

Effective: 02/10/2014
R.C. 119.032 review dates: 11/26/2013 and 11/26/2018
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 119.03 , 124.09
Prior Effective Dates: 3/18/82, 7/1/06