173-1-01 Adoption, amendment, and rescission of administrative rules.

(A) ODA shall give reasonable public notice of its intention to adopt, amend, or rescind an administrative rule whenever required under Chapter 119. of the Revised Code. The notice shall be posted in the register of Ohio at least thirty days prior to the date set for public hearing. The notice shall include, at a minimum, the following:

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(2) A synopsis of the proposed rule, amendment, or rule to be rescinded or a general statement of the subject matter to which the proposed rule, amendment, or rescission relates;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

(4) The date, time, and place of the public hearing on the proposed action, which shall be no earlier than thirty-one nor later than forty days after the proposed rule, amendment, or rescission is filed under division (B) of section 119.03 of the Revised Code.

(B) ODA shall promptly furnish an electronic copy of the public notice required by paragraph (A) of this rule to any person who requests it without charge. ODA shall promptly furnish a hard copy of the public notice required by paragraph (A) of this rule to any person who requests it and pays a reasonable fee, not to exceed the actual cost of copying and mailing. If the person making the request for a hard copy of a public notice is affected by the proposed rule, ODA shall provide the hard copy without charge. While ODA shall respond to all such requests for a hard copy promptly, it cannot guarantee provision of a hard copy of the public notice thirty days prior to the public hearing unless the request is postmarked at least forty days prior to the hearing date.

Effective: 05/13/2007

R.C. 119.032 review dates: 02/26/2007 and 05/12/2011

Promulgated Under: 119.03

Statutory Authority: 173.02

Rule Amplifies: 119.03

Prior Effective Dates: 9/9/79, 4/18/87, 2/10/97, 5/15/00, 10/3/02