Each agency shall prepare and publish, and as it becomes necessary or advisable, revise and republish, a guide to its rule-making process that functions generally to assist members of the public who participate, or who may wish to participate, in the agency's rule-making. The agency's guide is to include:
(A) A statement of the agency's regulatory mission;
(B) A description of how the agency is organized to achieve its regulatory mission;
(C) An explanation of rule-making the agency is authorized or required to engage in to achieve its regulatory mission;
(D) An explanation of the agency's rule-making process;
(E) An indication of the points in the agency's rule-making process at which members of the public can participate;
(F) An explanation of how members of the public can participate in the agency's rule-making process at each indicated point of participation; and
(G) Other information the agency reasonably concludes will assist members of the public meaningfully to participate in the agency's rule-making.
An agency's guide is not to be adopted as a rule, but rather as a narrative explanation of the matters outlined in this section. An agency's failure to conform its rule-making process to its guide is not cause for invalidating a rule, amendment, or rescission adopted by the agency.
The agency shall publish or republish its guide both in the register of Ohio and as a printed pamphlet.
The agency shall submit a copy of its guide, in electronic form, to the director of the legislative service commission. The director thereupon shall publish the agency's guide in the register of Ohio.
The agency shall provide a copy of its pamphlet guide to any person upon request. The agency may charge the person a fee for this service, but the fee is not to exceed the per copy cost of producing the pamphlet guide and the actual cost of delivering it to the person.
Effective Date: 04-01-2002