2006 Ohio Revised Code - 4141.14. Rules of director.

§ 4141.14. Rules of director.
 

(A)  All rules of the director of the department of job and family services adopted pursuant to this chapter shall be approved by the unemployment compensation review commission before the rules become effective. All such rules shall specify on their face their effective date and the date on which they will expire, if known. Approval by the unemployment compensation review commission shall also be required before amendments to, or rescission of, any rules of the director adopted pursuant to this chapter become effective. If the commission disapproves a rule of the director, it shall determine and promulgate a rule that it considers appropriate after affording a hearing to the director. 

(B) (1)  Any rule promulgated pursuant to this section shall be effective on the tenth day after the day on which the rule in final form and in compliance with division (B)(2) of this section is filed as follows: 

(a) The rule shall be filed in electronic form with both the secretary of state and the director of the legislative service commission; 

(b) The rule shall be filed in electronic form with the joint committee on agency rule review. Division (B)(1)(b) of this section does not apply to any rule to which division (H) of section 119.03 of the Revised Code does not apply. 

If all filings are not completed on the same day, the rule shall be effective on the tenth day after the day on which the latest filing is completed. If the department of job and family services or the unemployment compensation review commission in adopting a rule pursuant to this chapter designates an effective date that is later than the effective date provided for by this division, the rule if filed as required by this division shall become effective on the later date designated by the department or commission. 

If the commission or department adopts or amends a rule that is subject to division (H) of section 119.03 of the Revised Code, the commission or department shall assign a review date to the rule that is not later than five years after its effective date. If no review date is assigned to a rule, or if a review date assigned to a rule exceeds the five-year maximum, the review date for the rule is five years after its effective date. A rule with a review date is subject to review under section 119.032 [119.03.2] of the Revised Code. 

(2) The department and commission shall file the rule in compliance with the following standards and procedures: 

(a) The rule shall be numbered in accordance with the numbering system devised by the director for the Ohio administrative code. 

(b) The rule shall be prepared and submitted in compliance with the rules of the legislative service commission. 

(c) The rule shall clearly state the date on which it is to be effective and the date on which it will expire, if known. 

(d) Each rule that amends or rescinds another rule shall clearly refer to the rule that is amended or rescinded. Each amendment shall fully restate the rule as amended. 

If the director of the legislative service commission or the director's designee gives the department of job and family services or the unemployment compensation review commission notice pursuant to section 103.05 of the Revised Code that a rule filed by the department or review commission is not in compliance with the rules of the legislative service commission, the department or review commission shall within thirty days after receipt of the notice conform the rule to the rules of the commission as directed in the notice. 

The secretary of state and the director of the legislative service commission shall preserve the rules filed under division (B)(1)(a) of this section in an accessible manner. Each such rule shall be a public record open to public inspection and may be transmitted to any law publishing company that wishes to reproduce it. 

(C)  As used in this section: 

(1) "Rule" includes an amendment or rescission of a rule. 

(2) "Substantive revision" has the same meaning as in division (J) of section 119.01 of the Revised Code. 
 

HISTORY: GC § 1346-1; 118 v 32; 119 v 821(843); Bureau of Code Revision, 10-1-53; 130 v 945 (Eff 10-20-63); 133 v H 1 (Eff 3-18-69); 137 v H 25 (Eff 11-4-77); 139 v H 694 (Eff 11-15-81); 140 v H 244 (Eff 7-4-84); 146 v S 162 (Eff 10-29-95); 146 v H 473 (Eff 9-26-96); 146 v H 670 (Eff 12-2-96); 148 v H 471, § 1 (Eff 7-1-2000); 148 v S 11, § 3 (Eff 4-1-2001); 148 v H 471, § 5 (Eff 4-1-2001); 148 v S 11, § 6 (Eff 4-1-2002); 148 v H 471, § 7. Eff 4-1-2002.
 

The effective date is set by section 12(D) of HB 471. 

The provisions of §§ 20, 23, 24 of SB 11 (148 v  - ) read as follows: 

SECTION 20. During the testing period of the electronic rule-filing system: 

(A) The Governor and each agency shall file rules and rule-making and rule-related documents, and the Director of the Legislative Service Commission, Joint Committee on Agency Rule Review, Secretary of State, Clerk of the Senate, Clerk of the House of Representatives, Office of Small Business, General Assembly, committees of the Senate and House of Representatives, and other participants in the system shall respond to rules and rule-making and rule-related filings, in both paper and electronic form as contemplated by sections 103.05, 111.15, 117.20, 119.03, 119.031, 119.032, 119.0311, 119.04, 121.24, 121.39, 127.18, 4141.14, 5117.02, and 5703.14 of the Revised Code as they result from Sections 3 and 4 of this act. 

(B) The director and each other participant in the electronic rule-filing system shall test the system, identify deficiencies in its operation, develop plans for correcting the deficiencies, and take action as necessary to implement the corrective plans. 

SECTION 23. On and after inauguration of the electronic rule-filing system, the Governor and each agency shall file rules and rule-making and rule-related documents, and the Director of the Legislative Service Commission, Joint Committee on Agency Rule Review, Secretary of State, Clerk of the Senate, Clerk of the House of Representatives, Office of Small Business, General Assembly, committees of the Senate and House of Representatives, and other participants in the system shall respond to these filings, exclusively in electronic form as contemplated by sections 103.05, 111.15, 117.20, 119.03, 119.031, 119.032, 119.0311, 119.04, 121.24, 121.39, 127.18, 4141.14, 5117.02, and 5703.14 of the Revised Code as they result from Sections 6 and 7 of this act. 

SECTION 24. Notwithstanding any other provision of law, if a rule-making or rule-related document not contemplated by section 103.05, 111.15, 117.20, 119.03, 119.031, 119.032, 119.0311, 119.04, 121.24, 121.39, 127.18, 4141.14, 5117.02, or 5703.14 of the Revised Code is required to be filed along with a rule, the document is to be filed and responded to as follows: 

(A) During the period beginning April 1, 2001, and ending March 31, 2002, in both print and electronic form. 

(B) On and after April 1, 2002, exclusively in electronic form. 

If multiple copies of a document contemplated by this section are required to be filed, the multiple-copy requirement ceases to apply on and after April 1, 2001. If the effectiveness of a filing is timed with reference to the latest filing, the filing takes effect upon the latest filing to be completed in both print and electronic form between April 1, 2001, and March 31, 2002, and upon the latest filing to be completed in electronic form on and after April 1, 2002. 

The Director of the Legislative Service Commission shall keep a record of any document filed under this section and shall recommend legislation to bring its filing requirements into conformity with the Electronic Rule-Filing Act.