Chapter 3303-1 General Provisions

3303-1-01 Definitions.

(A) The "governor's council on people with disabilities" (GCPD) means those members appointed by the governor of the state in accordance with section 3303.41 of the Revised Code.

(B) The "rehabilitation services commission" (RSC) is the state agency to which the governor's council on people with disabilities is assigned.

R.C. 119.032 review dates: 01/04/2012 and 01/04/2017
Promulgated Under: 119.03
Statutory Authority: 3303.41(I)
Rule Amplifies: 3303.41
Prior Effective Dates: 5/2/83, 11/10/97, 7/2/02, 3/15/07

3303-1-02 Governor's council on people with disabilities: administrative rules.

(A) Each rule adopted by GCPD, and every part of each such rule, constitutes an independent rule, or part of a rule, and the holding of any such rule, or part of a rule, to be unconstitutional, void, or ineffective for any cause does not affect the validity or constitutionality of any other rule or part of a rule.

(B) The council authorizes the executive secretary of GCPD to approve the filing of each rule adopted, amended, or rescinded.

R.C. 119.032 review dates: 01/04/2012 and 01/04/2017
Promulgated Under: 111.15
Statutory Authority: 3303.41(I)
Rule Amplifies: 3303.41
Prior Effective Dates: 5/2/83, 11/10/97, 9/10/07

3303-1-03 Method of notice for public hearings.

(A) The GCPD shall conduct a public hearing for all administrative rules filed in compliance with Chapter 119. of the Revised Code.

(B) At least thirty days before the public hearing, GCPD shall prepare a notice of public hearing which includes all of the following:

(1) A statement that it is the GCPD's intention to propose, amend, or rescind rules.

(2) The date, time, and place of the hearing.

(3) A general statement of the subject matter to which the proposed rules, amendments, or rescissions relate.

(4) The reason for proposing, amending, or rescinding the rule(s).

(5) A statement that the rule(s) shall be available for review, free of charge, at the GCPD office.

(6) A statement that the notice of public hearing and/or the full text(s) of the rule(s) is available from the office of the GCPD by any person who requests it and pays a fee not to exceed the cost of copying and mailing.

(7) A statement that the public hearing shall be conducted in accordance with Chapter 119. of the Revised Code.

(C) At least thirty days before all public hearings, GCPD shall mail, by first-class postal mail or electronic mail, a notice of public hearing to organizations such as the RSC consumer advisory council, the Ohio department of mental health, radio reading services in Ohio, and to the Americans with Disabilities Act (ADA) Ohio. The notice of public hearing will be available in appropriate modes of communication that enable a person with a disability to comprehend and respond to the information that is being communicated. The notice of public hearing will be posted on the GCPD website at http://www.GCPD.Ohio.gov.

(D) The members of the committees and councils listed in paragraphs (C) of this rule shall be requested to notify the groups they represent about the public hearing.

(E) At least thirty days before the public hearing, GCPD shall submit the notice of public hearing to the legislative service commission for publication in the register of Ohio.

R.C. 119.032 review dates: 01/04/2012 and 01/04/2017
Promulgated Under: 119.03
Statutory Authority: 3303.41(I)
Rule Amplifies: 119.03(A)(4)
Prior Effective Dates: 5/12/83, 11/10/97, 10/7/02, 9/10/07

3303-1-04 Open meeting rule.

(A) Any person may learn the time and place of all regularly scheduled council meetings and time, place, and purpose of all special meetings by:

(1) Writing to the "Governor's Council on People with Disabilities."

(2) Calling the council's telephone number during normal business hours.

(B) Any news organization may obtain notice of all special council meetings by requesting in writing that such notices be provided. Such notice will only be given, however, to one representative of any particular publication or radio or television station. A request for such notification shall be addressed to the "Governor's Council on People with Disabilities."

(1) The request shall provide the name of the individual media representative to be contacted, the mailing address, electronic mailing address, and a maximum of two telephone numbers. GCPD shall maintain a list of all representatives of the news media who have requested notice of special meetings pursuant to this paragraph.

(2) When there is a special meeting that is not an emergency, GCPD shall notify all media representatives on the list of such meeting by notifying such representatives by telephone or electronic mail no later than twenty-four hours prior to the special meeting. Such telephone notice shall be complete if a message has been left for the representative, or if, after reasonable effort, GCPD has been unable to provide such telephone notice.

(3) When there is a special emergency meeting, GCPD shall notify all media representatives on the list of such meeting by providing the notice described in paragraph (B)(2) of this rule. In such event, however, the notice need not be given twenty-four hours prior to the meeting, but shall be given as soon as possible.

(4) In giving the notices required by paragraphs (B) to (B)(3) of this rule, GCPD may rely on assistance provided by any member of the council and any such notice is complete if given by such member in the manner provided in paragraphs (B) to (B)(3) of this rule.

(C) GCPD shall maintain a list of all persons who have requested, in writing, notice of all council meetings at which specific subject matters designated by such persons are scheduled to be discussed. Any person may, upon payment of an annual fee in the amount of ten dollars have his name placed on such list. No later than ten days prior to each meeting, GCPD shall send by first-class mail a meeting agenda to such persons.

(D) The notice of the meeting will include the following information: the location of the meeting will be architecturally and programmatically accessible to people with disabilities; a sign language interpreter will be provided if such need is made known at least ten days prior to the meeting by contacting the "Governor's Council on People with Disabilities."

R.C. 119.032 review dates: 01/04/2012 and 01/04/2017
Promulgated Under: 119.03
Statutory Authority: 3303.41(I)
Rule Amplifies: 121.22(F)
Prior Effective Dates: 8/8/83, 11/10/97, 9/10/07