Chapter 3310-1 General Provisions

3310-1-01 Review and disapproval of proposed program criteria.

(A) The commission may request at any time the state board of education or the department of education to submit in writing to the commission the proposed application forms, procedures, or any other criteria grant applicants and grantees must follow in obtaining the award of any grant under section 3301.67 of the Revised Code from the education improvement fund by the state board of education or the department of education.

(B) Upon submittal of such proposed application forms, procedures, or criteria mentioned in paragraph (A) of this rule, the commission shall review and evaluate in accordance with section 3301.65 of the Revised Code the materials so submitted by the state board of education or the department of education.

(C) Pursuant to its authority under section 3301.65 of the Revised Code, the commission may disapprove, by adopting a motion, any such application forms, procedures, or other criteria proposed by the state board of education or the department of education. The commission shall notify the state board of education or the department of education in writing of its disapproval of any proposed application forms, procedures, or other criteria.

Eff 12-27-89 (Emer.); 6-18-90
Rule promulgated under: RC 119.03
Rule authorized by: RC 3301.65
Rule amplifies: RC 3301.65, 3301.67, Sec. 46.05 of Am. Sub. H.B. 111, 118th G. A

3310-1-02 Review and disapproval of proposed program rules.

(A) Upon filing any proposed program rules for awarding grants under section 3301.67 of the Revised Code from the education improvement fund by the state board of education or the department of education with the joint committee on agency rule review, the commission shall review and evaluate in accordance with section 3301.65 of the Revised Code the proposed rules so filed. Commission review and evaluation of the proposed rules shall occur between the date of filing and the date set for public hearing required by division (C) of section 119.03 of the Revised Code.

(B) Prior to the date set for the public hearing required under division (C) of section 119.03 of the Revised Code, the commission may send written notification to the state board of education or the department of education of its summary of the review and evaluation of any proposed program rules for awarding grants. The chairman may request the state board of education or the department of education to submit to the commission a response to the commission's summary within a reasonable time to allow for further commission review and evaluation.

(C) Pursuant to its authority under section 3301.65 of the Revised Code, the commission may disapprove, by adopting a motion, any such proposed rule before the designated effective date of such a rule pursuant to section 119.04 of the Revised Code.

Eff 12-27-89 (Emer.); 6-18-90
Rule promulgated under: RC 119.03
Rule authorized by: RC 3301.65
Rule amplifies: RC 3301.65, 3301.67, Sec. 46.05 of Am. Sub. H.B. 111, 118th G. A

3310-1-03 Public hearing on adoption, amendment, or rescission of rules; methods of public notice.

(A) Except in the case of an emergency rule authorized under division (F) of section 119.03 of the Revised Code, the commission shall adopt, amend, or rescind no rule unless it holds a public hearing in accordance with division (C) of that section no earlier than thirty nor later than fifty days after the proposed rule, amendment, or rescission is filed under division (B) of that section.

(B) The commission shall provide public notice of the hearing referred to in paragraph (A) of this rule by publishing such notice in one newspaper of general circulation in Franklin county, Ohio. Such public notice shall be published no less than thirty days prior to the public hearing.

(C) The public notice referred to in paragraph (B) of this rule shall contain the following:

(1) A statement of the commission'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 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 hearing referred to in paragraph (A) of this rule.

(D) Any person who requests it and pays a reasonable fee set by the commission at the time of filing pursuant to division (B) of section 119.03 of the Revised Code shall receive a copy of the notice referred to in paragraph (B) of this rule and a copy of the proposed rule. The commission shall set such fee at an amount no greater than needed to cover costs of copying and mailing the notice to persons so requesting a copy of the notice.

(E) The commission may provide any notice beyond that required by paragraphs (B), (C), and (D) of this rule and by Chapter 119. of the Revised Code as it considers appropriate or necessary under the circumstances. Failure to provide copies of the text of the proposed rules shall not be considered as a basis for invalidating any rule, or portion of a rule, adopted, amended, or rescinded by the commission.

(F) Copies of the text of the proposed rules shall be available in the office of the commission for at least thirty days prior to the public hearing period. No charge shall be levied for an examination of the rules.

Eff 12-27-89 (Emer.); 8-4-90
Rule promulgated under: RC 119.03
Rule authorized by: RC 3301.65