2006 Ohio Revised Code - 119.01. Definitions.

§ 119.01. Definitions.
 

As used in sections 119.01 to 119.13 of the Revised Code: 

(A) (1) "Agency" means, except as limited by this division, any official, board, or commission having authority to promulgate rules or make adjudications in the civil service commission, the division of liquor control, the department of taxation, the industrial commission, the bureau of workers' compensation, the functions of any administrative or executive officer, department, division, bureau, board, or commission of the government of the state specifically made subject to sections 119.01 to 119.13 of the Revised Code, and the licensing functions of any administrative or executive officer, department, division, bureau, board, or commission of the government of the state having the authority or responsibility of issuing, suspending, revoking, or canceling licenses. 

Except as otherwise provided in division (I) of this section, sections 119.01 to 119.13 of the Revised Code do not apply to the public utilities commission. Sections 119.01 to 119.13 of the Revised Code do not apply to the utility radiological safety board; to the controlling board; to actions of the superintendent of financial institutions and the superintendent of insurance in the taking possession of, and rehabilitation or liquidation of, the business and property of banks, savings and loan associations, savings banks, credit unions, insurance companies, associations, reciprocal fraternal benefit societies, and bond investment companies; to any action taken by the division of securities under section 1707.201 [1707.20.1] of the Revised Code; or to any action that may be taken by the superintendent of financial institutions under section 1113.03, 1121.06, 1121.10, 1125.09, 1125.12, 1125.18, 1157.01, 1157.02, 1157.10, 1165.01, 1165.02, 1165.10, 1349.33, 1733.35, 1733.361 [1733.36.1], 1733.37, or 1761.03 of the Revised Code. 

Sections 119.01 to 119.13 of the Revised Code do not apply to actions of the industrial commission or the bureau of workers' compensation under sections 4123.01 to 4123.94 of the Revised Code with respect to all matters of adjudication, and to the actions of the industrial commission and bureau of workers' compensation under division (D) of section 4121.32, sections 4123.29, 4123.34, 4123.341 [4123.34.1], 4123.342 [4123.34.2], 4123.40, 4123.411 [4123.41.1], 4123.44, and 4123.442 [4123.44.2],Å and divisions (B), (C), and (E) of section 4131.14 of the Revised Code. 

(2) "Agency" also means any official or work unit having authority to promulgate rules or make adjudications in the department of job and family services, but only with respect to both of the following: 

(a) The adoption, amendment, or rescission of rules that section 5101.09 of the Revised Code requires be adopted in accordance with this chapter; 

(b) The issuance, suspension, revocation, or cancellation of licenses. 

(B) "License" means any license, permit, certificate, commission, or charter issued by any agency. "License" does not include any arrangement whereby a person, institution, or entity furnishes medicaid services under a provider agreement with the department of job and family services pursuant to Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended. 

(C) "Rule" means any rule, regulation, or standard, having a general and uniform operation, adopted, promulgated, and enforced by any agency under the authority of the laws governing such agency, and includes any appendix to a rule. "Rule" does not include any internal management rule of an agency unless the internal management rule affects private rights and does not include any guideline adopted pursuant to section 3301.0714 [3301.07.14] of the Revised Code. 

(D) "Adjudication" means the determination by the highest or ultimate authority of an agency of the rights, duties, privileges, benefits, or legal relationships of a specified person, but does not include the issuance of a license in response to an application with respect to which no question is raised, nor other acts of a ministerial nature. 

(E) "Hearing" means a public hearing by any agency in compliance with procedural safeguards afforded by sections 119.01 to 119.13 of the Revised Code. 

(F) "Person" means a person, firm, corporation, association, or partnership. 

(G) "Party" means the person whose interests are the subject of an adjudication by an agency. 

(H) "Appeal" means the procedure by which a person, aggrieved by a finding, decision, order, or adjudication of any agency, invokes the jurisdiction of a court. 

(I) "Rule-making agency" means any board, commission, department, division, or bureau of the government of the state that is required to file proposed rules, amendments, or rescissions under division (D) of section 111.15 of the Revised Code and any agency that is required to file proposed rules, amendments, or rescissions under divisions (B) and (H) of section 119.03 of the Revised Code. "Rule-making agency" includes the public utilities commission. "Rule-making agency" does not include any state-supported college or university. 

(J) "Substantive revision" means any addition to, elimination from, or other change in a rule, an amendment of a rule, or a rescission of a rule, whether of a substantive or procedural nature, that changes any of the following: 

(1) That which the rule, amendment, or rescission permits, authorizes, regulates, requires, prohibits, penalizes, rewards, or otherwise affects; 

(2) The scope or application of the rule, amendment, or rescission. 

(K) "Internal management rule" means any rule, regulation, or standard governing the day-to-day staff procedures and operations within an agency. 
 

HISTORY: GC § 154-62; 120 v 358; 121 v 578; Bureau of Code Revision, 10-1-53; 132 v S 97 (Eff 1-1-68); 133 v H 1 (Eff 3-18-69); 135 v H 366 (Eff 11-22-73); 136 v H 1 (Eff 6-13-75); 136 v H 920 (Eff 10-11-76); 136 v S 545 (Eff 1-17-77); 137 v H 257 (Eff 1-1-78); 138 v H 204 (Eff 7-30-79); 138 v H 403 (Eff 7-1-80); 140 v H 260 (Eff 9-27-83); 140 v H 244 (Eff 7-4-84); 141 v H 201 (Eff 7-1-85); 143 v H 111 (Eff 7-1-89); 144 v H 437 (Eff 4-30-92); 145 v H 695 (Eff 9-29-94); 146 v H 7 (Eff 9-1-95); 146 v S 162 (Eff 10-29-95); 146 v S 293 (Eff 9-26-96); 146 v H 538 (Eff 1-1-97); 146 v S 82 (Eff 3-7-97); 147 v H 215 (Eff 6-30-97); 147 v H 850 (Eff 3-18-99); 148 v H 470 (Eff 7-1-2000); 149 v H 386 (Eff 5-24-2002); 149 v S 138. Eff 6-18-2002; 151 v H 81, § 1, eff. 4-14-06.
 

Å Division (A)(1), last paragraph, RC § 4123.44.2 was amended and renumbered to RC § 4123.44.1 in 145 v H 107, eff 10-20-93. 
 

The provisions of § 3 of 151 v H 81 read as follows: 

SECTION 3. Section 119.01 of the Revised Code is presented in this act as a composite of the section as amended by both Sub. H.B. 386 and Am. Sub. S.B. 138 of the 124th General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composites are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act. 

 

Effect of Amendments

151 v H 81, effective April 14, 2006, in the second paragraph of (A)(1), inserted "action"; and corrected internal references and made minor stylistic changes.