Section 121.952 | Failure to reduce regulatory restrictions.
(A) If a state agency fails to reduce regulatory restrictions by a required percentage within one hundred twenty days after a reduction deadline in section 121.951 of the Revised Code, the joint committee on agency rule review shall afford the state agency an opportunity to appear before the joint committee to show cause why the agency's required reduction in regulatory restrictions should be lessened. If the joint committee determines that the state agency has shown cause, the joint committee shall determine a lessened required reduction in regulatory restrictions for that agency and shall submit a written report to the speaker of the house of representatives and the president of the senate, indicating the lessened required reduction in regulatory restrictions for that agency and the reason the joint committee determined that lessened required reduction.
(B)(1) If a state agency fails to reduce regulatory restrictions by a required percentage as described in division (A) of this section because the agency's base inventory contains regulatory restrictions that adopt or implement a federal law or rule, the agency may submit both of the following to the joint committee:
(a) A modified inventory of the agency's regulatory restrictions consisting of the agency's base inventory prepared under section 121.95 of the Revised Code minus any rule that the agency identifies as implementing a federal law or rule in a manner that is not more stringent or burdensome than the federal law or rule requires;
(b) A written analysis explaining how each rule identified by the agency implements a federal law or rule in a manner that is not more stringent or burdensome than the federal law or rule requires.
(2) At the appearance before the joint committee described in division (A) of this section, the joint committee may lessen the agency's required reduction in regulatory restrictions based on the modified inventory submitted by the agency.
Last updated March 15, 2022 at 4:36 PM
Available Versions of this Section
- June 8, 2022 – Enacted by Senate Bill 9 - 134th General Assembly [ View June 8, 2022 Version ]