Ohio Code 119.0311 – Guide to public participation in rule-making
Each agency shall prepare and publish, and as it becomes necessary or advisable, revise and republish, a guide to its rule-making process that functions generally to assist members of the public who participate, or who may wish to participate, in the agency’s rule-making. The agency’s guide is to include:
Terms Used In Ohio Code 119.0311
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Rule: includes regulation. See Ohio Code 1.59
(A) A statement of the agency’s regulatory mission;
(B) A description of how the agency is organized to achieve its regulatory mission;
(C) An explanation of rule-making the agency is authorized or required to engage in to achieve its regulatory mission;
(D) An explanation of the agency’s rule-making process;
(E) An indication of the points in the agency’s rule-making process at which members of the public can participate;
(F) An explanation of how members of the public can participate in the agency’s rule-making process at each indicated point of participation; and
(G) Other information the agency reasonably concludes will assist members of the public meaningfully to participate in the agency’s rule-making.
An agency’s guide is not to be adopted as a rule, but rather as a narrative explanation of the matters outlined in this section. An agency’s failure to conform its rule-making process to its guide is not cause for invalidating a rule, amendment, or rescission adopted by the agency.
The agency shall publish or republish its guide both in the register of Ohio and as a printed pamphlet.
The agency shall submit a copy of its guide, in electronic form, to the director of the legislative service commission. The director thereupon shall publish the agency’s guide in the register of Ohio.
The agency shall provide a copy of its pamphlet guide to any person upon request. The agency may charge the person a fee for this service, but the fee is not to exceed the per copy cost of producing the pamphlet guide and the actual cost of delivering it to the person.