2006 Ohio Revised Code - 121.72. Incorporations by reference; explanation of how to gain access and of incorporated version.

§ 121.72. Incorporations by reference; explanation of how to gain access and of incorporated version.
 

An agency incorporates a text or other material into a rule by reference when it states in the rule that a text or other material not contained in the rule is to be treated as if it were contained in the rule. The agency shall explain in the rule how persons who reasonably can be expected to be affected by the rule can obtain copies of the text or other material that has been incorporated by reference. As part of the explanation, the agency shall state whether the incorporated text or other material is or is to be deposited in depository libraries or is or is to be displayed on a web site. If the text or other material incorporated by reference was, is, or reasonably can be expected to be subject to change, the agency, as part of the explanation, shall identify, and specify the date of, the particular edition or other version of the text or other material that is incorporated by reference. 
 

HISTORY: 149 v S 265. Eff 9-17-2002.
 

See provisions, § 3 of SB 265 (149 v  - ) following RC § 119.03. 

The provisions of § 4 of SB 265 (149 v  - ) read as follows: 

SECTION 4. As used in this section, "rule" means a new rule or the amendment of an existing rule. 

(A) If, on the date of first applicability, an agency has a proposed rule that incorporates a text or other material by reference pending in a rule-making proceeding, the agency is not required to revise the proposed rule solely to bring the incorporation by reference into compliance with the standards stated in sections 121.72, 121.75, and 121.76 of the Revised Code. But if the agency on or after the date of first applicability otherwise revises the proposed rule, the agency shall ensure the incorporation by reference meets the standards stated in sections 121.72, 121.75, and 121.76 of the Revised Code, and shall file, and eventually deposit or display, the text or other material incorporated by reference as required by sections 121.73 and 121.74 of the Revised Code. 

(B) An agency may adopt and file in final form a proposed rule that, on the date of first applicability, incorporates a text or other material by reference, is pending in a rule-making proceeding, and is not on or after the date of first applicability otherwise revised. The agency is not required to have filed, or to deposit or display, the text or other material incorporated by reference as required by section 121.73 or 121.74 of the Revised Code, and the incorporation by reference is not required to meet the standards stated in sections 121.72, 121.75, and 121.76 of the Revised Code. So long as all other applicable rule-making procedures have been complied with, the rule as adopted and filed in final form is ratified. Sections 121.71 to 121.76 of the Revised Code first apply with regard to the incorporation by reference when the rule is next amended or next reviewed under section 119.032 of the Revised Code. 

See provisions, §§ 5, 6 of SB 265 (149 v  - ) following RC § 121.73. 

The provisions of § 7 of SB 265 (149 v  - ) read as follows: 

SECTION 7. As used in this section, "rule" means a pre-existing rule that has been rescinded, or a provision, formerly part of an existing rule, that has been removed from the existing rule by amendment. 

A previously effective rule or version of a rule, not effective on the date of first applicability, that, while previously effective, incorporated a text or other material by reference without conforming in essence to what sections 121.71 to 121.76 of the Revised Code in future would provide, is ratified insofar as the incorporation by reference might raise a question of the rule's or version's validity as applied to facts occurring while the rule or version previously was effective. 

This section is cumulative to Section 59 of Am. Sub. H.B. 524 of the 124th General Assembly, and is a remedial law as that term is used in section 1.11 of the Revised Code.