2006 Ohio Revised Code - 5101.09. Procedure for adoption of rules.

§ 5101.09. Procedure for adoption of rules.
 

(A)  When the director of job and family services is authorized by the Revised Code to adopt a rule, the director shall adopt the rule in accordance with the following: 

(1) Chapter 119. of the Revised Code if any of the following apply: 

(a) The rule concerns the administration or enforcement of Chapter 4141. of the Revised Code; 

(b) The rule concerns a program administered by the department of job and family services, unless the statute authorizing the rule requires that it be adopted in accordance with section 111.15 of the Revised Code; 

(c) The statute authorizing the rule requires that the rule be adopted in accordance with Chapter 119. of the Revised Code. 

(2) Section 111.15 of the Revised Code, excluding divisions (D) and (E) of that section, if either of the following apply: 

(a) The rule concerns the day-to-day staff procedures and operations of the department or financial and operational matters between the department and another government entity or a private entity receiving a grant from the department, unless the statute authorizing the rule requires that it be adopted in accordance with Chapter 119. of the Revised Code; 

(b) The statute authorizing the rule requires that the rule be adopted in accordance with section 111.15 of the Revised Code and, by the terms of division (D) of that section, division (D) of that section does not apply to the rule. 

(3) Section 111.15 of the Revised Code, including divisions (D) and (E) of that section, if the statute authorizing the rule requires that the rule be adopted in accordance with that section and the rule is not exempt from the application of division (D) of that section. 

(B)  Except as otherwise required by the Revised Code, the adoption of a rule in accordance with Chapter 119. of the Revised Code does not make the department of job and family services, a county family services agency, or a workforce development agency subject to the notice, hearing, or other requirements of sections 119.06 to 119.13 of the Revised Code. As used in this division, "workforce development agency" has the same meaning as in section 6301.01 of the Revised Code. 
 

HISTORY: 148 v H 470. Eff 7-1-2000.
 

Not analogous to former RC § 5101.09 (146 v H 167; 146 v H 710), repealed 147 v H 408, § 2, eff 10-1-97.

Not analogous to former RC § 5101.09 (GC § 154-60a; 119 v 109; 123 v 601; Bureau of Code Revision, 10-1-53; 125 v 838), repealed 131 v 1793, § 3, eff 7-1-66.

The effective date is set by section 10 of HB 470.