Section 106.03 | Agency review of existing rules.
Prior to the review date of an existing rule, the agency that adopted the rule shall do both of the following:
(A) Review the rule to determine all of the following:
(1) Whether the rule should be continued without amendment, be amended, or be rescinded, taking into consideration the purpose, scope, and intent of the statute under which the rule was adopted;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) Whether the rule needs amendment or rescission to give more flexibility at the local level;
(3) Whether the rule needs amendment or rescission to eliminate unnecessary paperwork;
(4) Whether the rule incorporates a text or other material by reference and, if so:
(a) Whether the citation accompanying the incorporation by reference is such as reasonably would enable a reasonable person to whom the rule applies readily and without charge to find and inspect the incorporated text or other material;
(b) Whether the citation accompanying the incorporation by reference is such as reasonably would enable the joint committee on agency rule review readily and without charge to find and inspect the incorporated text or other material; and
(c) If the rule has been exempted in whole or in part from sections 121.71 to 121.74 of the Revised Code on grounds the incorporated text or other material has one or more of the characteristics described in division (B) of section 121.75 of the Revised Code, whether the incorporated text or other material actually has any of those characteristics.
(5) Whether the rule duplicates, overlaps with, or conflicts with other rules;
(6) Whether the rule has an adverse impact on businesses, as determined under section 107.52 of the Revised Code;
(7) Whether the rule contains words or phrases having meanings that in contemporary usage are understood as being derogatory or offensive; and
(8) Whether the rule requires liability insurance, a bond, or any other financial responsibility instrument as a condition of licensure.
In making its review, the agency shall consider the continued need for the rule, the nature of any complaints or comments received concerning the rule, and any relevant factors that have changed in the subject matter area affected by the rule.
(B) On the basis of its review of the existing rule, the agency shall determine whether the existing rule needs to be amended or rescinded.
(1) If the existing rule needs to be amended or rescinded, the agency, on or before the review date of the existing rule, shall commence the process of amending or rescinding the existing rule in accordance with its review of the rule.
(2) If the existing rule does not need to be amended or rescinded, proceedings shall be had under section 106.031 of the Revised Code.
Upon the request of the agency that adopted an existing rule, the joint committee on agency rule review may extend the review date of the rule to a date that is not later than one hundred eighty days after the review date assigned to the rule by the agency. Not more than two such extensions may be allowed.
Available Versions of this Section
- August 18, 2019 – Amended by Senate Bill 221, 132nd General Assembly [ View August 18, 2019 Version ]