Chapter 4761:1-1 Notice of Hearings and Meetings

4761:1-1-01 Public hearings 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, prior to the proposed adoption, amendment or rescission of any rule by the Ohio respiratory care board, public notice thereof shall be given at least thirty days prior to the date set for the public hearing thereon, by publication of that notice in the Register of Ohio internet site at www.registerofohio.state.oh.us. Such notice shall include a statement of the board's intention to consider adopting, amending, or rescinding a rule; a synopsis of the proposed rule, amendment, or rule to be rescinded or a general statement of the subject matter to which the proposed rule, amendment or rescission relates; a statement of the reason or purpose for adopting, amending, or rescinding the rule; and the date, time, and place of the public hearing on said proposed action.

(B) The board may give whatever other notice it reasonably considers necessary including, but not limited to, the following:

(1) The board shall post the notice of the public rules hearing on the board's internet site at www.respiratorycare.ohio.gov. The board may also post the full text of the proposed rules on its internet site.

(2) The board may 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, and copies of such notices shall be sent by regular mail or electronic mail to each person on the mailing list at least thirty days prior to the date set for the hearing. Upon request, the board shall also promptly send a copy of any notice provided for in paragraph (A) of this rule by regular mail or electronic mail to any person not appearing on its mailing list. 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.

(3) Copies of the notice of the public rules hearing and the full text of the proposed rules shall be available at the board's offices at least thirty days prior to the date of the public rules hearing.

(C) Prior to the effective date of a new rule, rule amendment, or rule 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 internet site, publishing the rules in the board's electronic newsletter, and/or sending by regular mail or electronic mail a notice of the action to all persons whose name appears on the mailing list maintained by the board pursuant to paragraph (B)(2) of this rule, or to any person or his 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. 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: 05/06/2010 and 05/06/2015
Promulgated Under: 119.03
Statutory Authority: 4752.17(A)(11)
Rule Amplifies: 119.03 , 4752.11
Prior Effective Dates: 05/23/2005

4761:1-1-02 Notice of board meetings.

(A) Any person or organization may ascertain the time and place of all regularly scheduled meetings of the Ohio respiratory care board, and the time, place, and purpose of all special meetings of the board by any one of the following methods:

(1) Calling the board office by telephone during normal business hours. No collect calls will be accepted under any circumstances.

(2) Inquiring in person at the board office during normal business hours, Monday through Friday, excluding recognized state holidays.

(3) Providing the board with a written request by mail or electronic mail.

(B) Any person or organization who makes written request for routine notification of all regularly scheduled and special meetings of the board by mail or by electronic mail shall be placed on a list. Notification will be made by one of the following methods:

(1) Sending written notice, which must be sent by regular mail or electronic mail no later than four calendar days prior to the day of a regular meeting.

(2) Notice by telephone no later than twenty-four hours prior to a special meeting. Telephone notice shall be complete if a message has been left for the representative, or if, after reasonable effort, the board has been unable to provide such telephone notice.

(C) A representative of a news media organization, the business office of the Ohio association of medical equipment services, or any other related home medical equipment organization may obtain telephone or electronic mail notification of emergency board meetings by making written request to the board, including the name of the individual to be contacted, the individual's electronic mailing address, and a maximum of two telephone numbers where the individual can be reached. The board will maintain a list of all representatives who request telephone notice of emergency meeting. Telephone notice shall be complete if a message has been left for the representative or if, after a reasonable effort, the board has been unable to provide such telephone notice. It shall be the responsibility of the news media organization, the business office of the Ohio association of medical equipment services, or any other organization on file to receive emergency meeting notices to inform the board of any changes in telephone number or electronic mailing address.

R.C. 119.032 review dates: 10/28/2013 and 08/15/2018
Promulgated Under: 119.03
Statutory Authority: 4752.17(A)(11)
Rule Amplifies: 4752.17(A)(11)
Prior Effective Dates: 05/23/2005, 08/15/2008