Ohio Code 106.042 – Effect of adoption of concurrent resolution invalidating proposed rule; effect of failure to adopt resolution
(A) The adoption by the general assembly of a concurrent resolution invalidating any version of a proposed rule prohibits the agency that proposed the rule from instituting or continuing rule-making proceedings with regard to any version of the proposed rule for the remaining term of the general assembly. However, the general assembly may adopt a concurrent resolution that authorizes the agency to institute or continue rule-making proceedings with regard to the proposed rule, but the agency may not adopt any version of the proposed rule unless it has been submitted to the joint committee on agency rule review and the time for legislative review has expired without adoption of a concurrent resolution invalidating the proposed rule.
Terms Used In Ohio Code 106.042
- Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
- Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
- Rule: includes regulation. See Ohio Code 1.59
(B) The failure of the general assembly to adopt a concurrent resolution invalidating a proposed or existing rule is not a ratification of the lawfulness or reasonableness of the proposed or existing rule or of the validity of the procedure by which the rule was proposed or adopted.