Chapter 4734-2 Rule-making Procedures

4734-2-01 Public notice of rules.

(A) Prior to the proposed adoption, amendment, or rescission of any rule, the board shall make public notice thereof at least thirty days prior to the date set for the public hearing by publication of a notice in the Register of Ohio.

(B) Such notice shall include:

(1) A statement of the board's intention to consider adopting, amending, or rescinding the 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(2) A synopsis of the proposed rule, amendment, or rule to be rescinded, or a general statement of the subject matter to which the proposed rule, amendment, or rescission relates;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;

(4) The date, time and place of the public hearing on said proposed action.

(C) The board shall post notice of the public rules hearing on its web site.

(D) The board shall maintain a mailing list of all persons who have made a prior written request to receive a copy of each public notice provided for in paragraph (A) of this rule. Copies of such notices shall be sent via regular mail, electronic mail or facsimile to each person on the mailing list at least thirty days prior to the date set for the hearing. The board shall also promptly send a copy of said notice via regular mail, electronic mail or facsimile to any other requestor.

(E) Copies of notices of public rules hearings and the full text of all proposed rules shall be available at the board's office at least thirty days prior to the date of the public rules hearing.

(F) Prior to the effective date of a rule, amendment, or rescission, the board shall make a reasonable effort to inform those affected by the rule, amendment, or rescission. The method of notification may include posting the full text of the rule as adopted or amended on the board's web site, publishing the rule in the board's newsletter or sending by regular or electronic mail. Said notice of the action shall be sent to all persons whose name appears on the mailing list maintained by the board pursuant to paragraph (D) of the rule, to any person or his or her attorney who provided evidence, oral testimony, and/or a written statement which were made part of the record of the public hearing held pursuant to section 119.03 of the Revised Code.

(G) The board may assess a reasonable fee, not to exceed the cost of copying and mailing, for notices sent to persons in accordance with this rule.

R.C. 119.032 review dates: 08/27/2012 and 08/27/2017
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: ORC 119
Prior Effective Dates: 3/23/76, 8/4/89, 8/12/02

4734-2-02 Five year rule review.

(A) The board shall review each of its rules every five years to determine whether to continue without change, amend, or rescind a rule in accordance with section 119.032 of the Revised Code.

(B) Prior to the scheduled review date of a rule, the board shall review the rule to determine whether:

(1) The rule should be continued without amendment, be amended, or be rescinded, taking into consideration the purpose, scope, and intent of the statute under which the rule was adopted;

(2) The rule needs to be amended or rescinded to give more flexibility at the local level;

(3) The rule needs to be amended or rescinded to eliminate unnecessary paperwork;

(4) The rule duplicates, overlaps, or conflicts with other statutes or rules.

(5) Whether the rule has an adverse impact on businesses and whether any such adverse impact has been eliminated or reduced.

(C) In reviewing each of its rules the board shall consider the continued need for the rule, the nature of any complaints received concerning the rule, and any relevant factors that may have changed in the subject matter affected by the rule.

(D) On or before the designated review date, the board shall file with the joint committee on agency rule review, the legislative service commission and the secretary of state the fully reviewed rule. Public notice of any amendment or rescission of a reviewed rule and hearing incident thereto shall be in accordance with Chapter 119. of the Revised Code and Chapter 4734-02 of the Administrative Code.

Effective: 12/01/2012
R.C. 119.032 review dates: 09/10/2012 and 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: ORC 119
Prior Effective Dates: 8/12/02

4734-2-03 Rules hearings.

(A) Prior to adopting, amending or rescinding a rule, the board shall make public notice of said adoption, amendment, or rescission in accordance with Chapter 119. of the Revised Code and Chapter 4734-2 of the Administrative Code. Said notice shall include the date, time and place of the hearing on the proposed action.

(B) On the date, time and place designated in the notice, the board will conduct a public hearing on the proposed rules action. The rules hearing may be held by or before the full board, a designated board member, or an attorney hearing examiner.

(C) Any person affected by the proposed rule may:

(1) Appear and be heard in person, by the person's attorney, or both;

(2) Present their positions, arguments, or contentions, orally or in writing;

(3) Offer and examine witnesses;

(4) Present evidence tending to show that the proposed rule, amendment, or rescission, if adopted or effectuated, would be unreasonable or unlawful.

(D) The testimony at the hearing must be recorded at the expense of the board.

(E) The board may permit persons affected by the proposed rule, amendment, or rescission to present their positions, arguments, or contentions in writing, for a reasonable period before, after, or both before and after the hearing. A person who presents their position or arguments or contentions in writing before or after the hearing is not required to appear at the hearing.

(F) Upon closure of the hearing record, the board will thoroughly review and consider all testimony. The board may make changes to a rule based on testimony received. If the board refiles a rule, a second public hearing notice is not required unless the change in the rule makes the rule inconsistent with the public hearing notice provided with the original rule filing.

R.C. 119.032 review dates: 08/27/2012 and 08/27/2017
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: ORC 119
Prior Effective Dates: 8/12/02