The procedure of the board of embalmers and funeral directors of Ohio for promulgating and giving public notice for the adoption, amendment, or rescission of its rules pursuant to section 119.03 of the Revised Code shall be as follows:
(A) No rule of the board shall be adopted, amended, or rescinded until notice of the board’s intention to make such adoption, amendment, or rescission. Such notice shall be published by posting the notice in the office of the board at Columbus, Ohio., such notice shall include a complete text of the proposed rule to be adopted, amended, or rescinded, and the date on which a public hearing will be held at the board’s office, or such other place as the board may select, at which all persons interested may appear, either in person or by counsel and be heard. Such public hearing shall be held not earlier than thirty days nor later than fifty days after the filing of the proposed rule, amendment or rescission as required under division (B) of section 119.03 of the Revised Code.
(B) Not less than thirty days prior to the date of the public hearing, two copies of each proposed rule to be adopted, amended, or rescinded shall be filed with the joint committee on agency rule review; one copy with the secretary of state; two copies with the legislative service commission; and pursuant to section 121.24 of the Revised Code, one copy with the department of development’s office of small business. The secretary of the board shall also mail copies of said notice, not earlier than thirty days nor later than fifty days prior to the date of the public hearing to the secretary of every funeral directors’, embalmers’ and crematories’ association in Ohio whose names are on file with the board. A copy shall also be sent to the state house press office.
(C) In addition, the board shall cause a brief synopsis or general statement of said proposed rule for adoption, amendment, or rescission, and the date, place and time of public hearing to be published one time in a daily newspaper of general circulation in the cities of Cleveland, Cincinnati, Columbus and Toledo. Said publication is to be no earlier than thirty days nor later than fifty days prior to the hearing. Two copies of the public notice shall be filed with the original rule filed with the joint committee on agency rule review and the legislative service commission, and one copy with the secretary of state’s office. A printed copy of the text of said proposed rule to be adopted, amended, or rescinded shall be furnished to any person on request to the secretary of the board.
(D) At the next regular monthly meeting of the board called after the time for legislative review has expired, the board shall act upon the proposed adoption, amendment, or rescission of the rule. If the board adopts, amends, or rescinds the rule, two copies of the rule as adopted, amended, or rescinded shall be filed by the secretary of the board with the secretary of state, joint committee on agency rule review, and the legislative service commission.
R.C. 119.032 review dates: 08/26/2005 and 06/22/2010
Promulgated Under: 119.03
Statutory Authority: R.C. 4717.04
Rule Amplifies: R.C. 4717.04
Prior Effective Dates: 12/13/66, 1/1/88, 1/1/01