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(1) The rule should be continued without amendment, be amended, or be rescinded, taking into consideration the purpose, scope, and intent of the statute under which the rule was adopted;

(2) The rule needs to be amended or rescinded to give more flexibility at the local level;

(3) The rule needs to be amended or rescinded to eliminate unnecessary paperwork;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