2006 Ohio Revised Code - 121.73. Electronic filing of incorporated material; alternatives; file maintained by legislative service director.

§ 121.73. Electronic filing of incorporated material; alternatives; file maintained by legislative service director.
 

As used in this section, "rule" has the same meaning as in section 121.71 of the Revised Code and also includes the rescission of an existing rule. 

(A) When an agency files the original or a revised version of a rule in proposed form under division (D) of section 111.15 or division (H) of section 119.03, or a rule for review under section 119.032 [119.03.2] of the Revised Code, that incorporates a text or other material by reference, the agency also shall file in electronic form, one complete and accurate copy of the text or other material incorporated by reference with the joint committee on agency rule review. An agency is not, however, required to file a text or other material incorporated by reference with the joint committee if the agency revises a rule in proposed form that incorporates a text or other material by reference and the incorporation by reference in the revised version of the rule is identical to the incorporation by reference in the preceding version of the rule. 

If it is infeasible for the agency to file a text or other material incorporated by reference electronically, the agency, as soon as possible, but not later than three days after completing the electronic filing, shall deliver one complete and accurate copy of the text or other material incorporated by reference to the joint committee, and shall attach a memorandum to the text or other material identifying the filing to which it relates. 

An agency is not required to file a text or other material incorporated by reference into a rule that is proposed for rescission if it is infeasible for the agency to do so. 

An agency shall not file a copy of a text or other material incorporated by reference with the secretary of state or with the director of the legislative service commission. 

(B) Upon completing its review of a rule in proposed form, or its review of a rule, that incorporates a text or other material by reference, the joint committee shall forward its copy of the text or other material incorporated by reference to the director of the legislative service commission. The director shall maintain a file of texts and other materials that are or were incorporated by reference into rules. 
 

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

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

See provisions, § 4 of SB 265 (149 v  - ) following RC § 121.72. 

The provisions of §§ 5, 6 of SB 265 (149 v  - ) read as follows: 

SECTION 5. As used in this section, "rule" means a new rule or the amendment of an existing rule. 

A rule that incorporates a text or other material by reference and that is effective, or that has been adopted and filed in final form, on or before the date of first applicability, is ratified. The adopting agency is not required to amend the 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 and is not required to deposit or display the text or other material incorporated by reference as required by section 121.74 of the Revised Code. But when the rule is next otherwise amended, or next otherwise reviewed under section 119.032 of the Revised Code, the agency shall ensure that the incorporation by reference meets the standards stated in sections 121.72, 121.75, and 121.76 of the Revised Code, and that the text or other material incorporated by reference is filed, and eventually deposited or displayed, as required by sections 121.73 and 121.74 of the Revised Code. 

SECTION 6. As used in this section, except where context refers to a pre-existing rule, "rule" means the rescission of an existing rule. 

(A)(1)(a) If, on the date of first applicability, an agency has a proposed rescission of a rule that incorporates a text or other material by reference pending in a rule-making proceeding, the agency is not required to file the incorporated text or other material as required by section 121.73 of the Revised Code. But if the agency on or after the date of first applicability otherwise revises the proposed rescission, the agency shall file, and eventually deposit or display, the incorporated text or other material 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 rescission of a 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. So long as all other applicable rule-making procedures have been complied with, rescission of the rule is ratified. 

(2) A rescission of a rule that incorporates a text or other material by reference that has been adopted and filed in final form on or before the date of first applicability is ratified. The adopting agency is not required to have filed, or to deposit or display, the incorporated text or other material as required by section 121.73 or 121.74 of the Revised Code. 

(3) If an agency rescinds a rule subject to division (B) of Section 4 or to Section 5 of this act that is not amended or reviewed after the date of first applicability as contemplated by those sections, the agency shall file the incorporated text or other material as required by section 121.73 of the Revised Code and shall deposit or display the incorporated text or other material as required by section 121.74 of the Revised Code. 

(B) A rescinded rule as contemplated by division (A)(1)(b), (2), or (3) of this section 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 provide, is ratified insofar as the incorporation by reference might raise a question of the rule's validity as applied to facts occurring while the rule was effective. 

See provisions, § 7 of SB 265 (149 v  - ) following RC § 121.72.