Chapter 5139-25 Notice

The procedure of the Ohio department of youth services for giving public notice relative to the adoption, amendment or rescission of rules under Chapter 119. of the Revised Code shall be:

(A) The department shall cause a statement of its intention to consider adopting, amending or rescinding a rule, a brief synopsis or a general statement of said proposed rule for adoption, amendment or rescission, a statement of the reason or purpose for adopting, amending or rescinding the rule, and the date, time and place of hearing on the proposed action, to be published in the Register of Ohio, by the department at least thirty days prior to the date set for the hearing of the proposed action of such rule and may be published in other publications if deemed necessary by the department. The notice must meet the requirements of division (A) of section 119.03 of the Revised Code.

(B) The department shall furnish the public notice required under section 119.03 of the Revised Code and as detailed by paragraph (A) of this rule to any person who requests notice in writing. Such requests shall be responded to promptly, but the department cannot in all cases guarantee notice thirty days prior to the hearing date.

(C) A copy of the proposed rule to be adopted, amended or rescinded shall be filed with the secretary of state and the director of the legislative service commission and two copies shall be filed with the joint committee on agency rule review at least thirty days prior to the date set for the public hearing on the proposed action.

(D) The department shall furnish a legible copy of the text of the proposed rule to be adopted, amended or rescinded to any person upon request.

(E) If the department makes a substantive revision in the text of the proposed rule, amendment or rescission after it is filed with the joint committee on agency rule review, secretary of state and director of the legislative service commission, the department shall promptly file two copies of the full text of the proposed rule, amendment or rescission in its revised form with the joint committee on agency rule review, one copy with the secretary of state and one copy with the director of the legislative service commission.

(F) If after public hearing the department determines that the proposal shall be adopted, amended or rescinded, or in the case of an emergency rule, that the adoption shall be made final, a copy of said rule as adopted, amended or rescinded shall be filed with the secretary of state and the director of the legislative service commission in the number of copies required under Chapter 119. of the Revised Code.

(G) Prior to the effective date of the rule, amendment or rescission, the department shall make a reasonable effort to inform those affected by the rule, amendment or rescission and to have available for distribution to those requesting it, the full text of the rule as adopted, amended or rescinded. In the case of an emergency rule, such effort shall be made prior to the ninetieth day following the initial filing of the adopted emergency rule.

(H) This rule is adopted in accordance with the express provisions of division (A) of section 119.03 of the Revised Code.

(I) Failure to provide notice of the hearing pursuant to paragraph (B) of this rule, and/or failure to furnish the text of the rule, amendment, or rescission pursuant to paragraphs

(D) and (G) of this rule shall not invalidate any action of the department in connection therewith.

R.C. 119.032 review dates: 08/01/2007 and 08/01/2012

Promulgated Under: 119.03

Statutory Authority: 5139.04

Rule Amplifies: 119.03, 5139.04

Prior Effective Dates: 2/14/81, 8/10/84, 10/25/02