111.15 rule
A rule that is proposed and adopted pursuant to the rule-making procedures prescribed by Ohio Revised Code section 111.15.

119 rule
A rule that is proposed and adopted pursuant to the rule-making procedures prescribed by R.C. Chapter 119.

Adopted rule
A rule that has completed either the R.C. section 111.15 or R.C. Chapter 119. rule adoption process and has been assigned an effective date by the agency.

Amended rule
A rule that is currently effective to which changes in the text are being made. The rule retains the same Administrative Code number, and indicates deleted language, new language, or a combination of both.

Amplify
A rule amplifies a section of the Revised Code if it expands upon, further details, or clarifies language in the statute. The statute that a rule amplifies is identified by the agency in the rule supplemental information ("Rule Amplifies") and Question #5 of the RSFA Part A form.

Authorize
Statutory authority is the language in the Revised Code that delegates rule-making authority to a state agency, board, or commission. The statute that authorizes a rule is identified by the agency in the rule supplemental information ("Statutory Authority") and in Question #4 of the RSFA Part A form.

Common Sense Initiative (CSI)
Pursuant to R.C. 107.52, when preparing a proposed rule or an existing rule for five-year review, agencies will determine if the rule has an adverse impact on businesses. If an adverse impact exists in a proposed rule, pursuant to R.C. 121.82, the agency will incorporate features into the draft rule that will eliminate or adequately reduce the adverse impact. The agency will then submit the proposed rules and a business impact analysis (BIA) to the Common Sense Initiative Office. Pursuant to R.C. 106.03(A)(6), as part of the five-year review, agencies will determine if the rule has an adverse impact on businesses and, if so, pursuant to R.C. 106.031(A)(1), prepare a BIA explaining why the regulatory intent of the rule justifies its adverse impact on businesses. The agency shall submit the rule and BIA to the Common Sense Initiative Office.

Common Sense Initiative (CSI) documents

• Business Impact Analysis (BIA) - An instrument developed by CSI to be used by agencies to evaluate draft and existing rules that might have an adverse impact on businesses.



• CSI Recommendation- When CSI has concluded their review of proposed or existing rules, they may choose to prepare and transmit to the agency recommendations on how 1) the draft rule might be revised to eliminate or reduce any adverse impact the draft rule might have on businesses or 2) the existing rule might be amended or rescinded to eliminate or reduce any adverse impact the existing rule has on businesses.



• Agency Memorandum of Response -
  • Upon receipt of recommendations from CSI for proposed rules, the agency 1) prepares a memorandum identifying features suggested by any CSI recommendations that were incorporated into the proposed rule and explaining how the features either eliminate or reduce any adverse impact on businesses or 2) prepares a memorandum identifying features suggested by any CSI recommendations that were not incorporated into the proposed rule and explaining why the features were not incorporated.
  • Upon receipt of recommendations from CSI for existing rules, if the agency determines not to amend or rescind the rule, the agency prepares a memorandum explaining why the rule is not being rescinded or why the recommendations are not being incorporated into the rule.

ERF
Electronic Rule-Filing System. The system developed and maintained by LSC, and used by state agencies, boards, commissions, and state institutions of higher education to electronically file administrative rules.

Emergency rule
A rule that is adopted by means of an abbreviated rule-making process. An emergency rule filed pursuant to R.C. Chapter 119. is effective immediately upon filing. An emergency rule filed pursuant to R.C. section 111.15 is effective immediately upon filing unless the agency assigns a later effective date. An emergency rule, whether 119 or 111.15, expires on the 121st day after it takes effect unless, in the meantime, the agency has readopted the rule according to the normally applicable rule-making procedure.

Final filing
The filing of a rule in adopted form after JCARR jurisdiction has ended. Upon final filing, an agency assigns an effective date to a rule.

Five-year review (FYR)
Pursuant to R.C. section 106.03, every five years state agencies must review each of their rules and determine whether to continue without change, amend, or rescind them. Prior to the scheduled review date of a rule, an agency must review the rule utilizing criteria specified in R.C. section 106.03.

Internal Management rule
Any rule that governs the day-to-day staff procedures and operations within an agency. An internal management rule is not subject to R.C. Chapter 119. rule-making procedures unless it affects private rights. All internal management rules not subject to R.C. Chapter 119. are subject to R.C. section 111.15. (See R.C. sections 111.15(A)(3) and (D)(4) and 119.01(C) and (I).)

JCARR
Joint Committee on Agency Rule Review
77 S. High St., Concourse Level
Columbus, OH 43215
Phone (614) 466-4086
http://www.jcarr.state.oh.us

LSC
Ohio Legislative Service Commission
77 S. High St., 8th Floor
Columbus, OH 43215
Phone (614) 387-2078
http://www.lsc.state.oh.us

New rule
A rule with an A.C. rule number not currently in use, or a rule number currently in use but being rescinded when the new rule is being adopted. A new rule contains all new language, which appears in underlined lowercase.

O.A.C.
The Ohio Administrative Code contains the full text of, or a reference to, every rule that has been adopted by the agencies of state government and state institutions of higher education. The Administrative Code is available at http://codes.ohio.gov/oac.

O.R.C.
The Ohio Revised Code is available at http://codes.ohio.gov/orc.

Original filing
The initial filing of a proposed new, amended, or rescinded rule.

Prior effective dates
The dates on which prior versions of the rule became effective. Each date included in the rule supplemental information coincides with the effective date of a prior version of the rule.

Promulgated under
The rule-making procedure under which a rule is promulgated, usually R.C. Chapter 119. or R.C. section 111.15. The agency specifies this information in the rule supplemental information and in Question #3 of the RSFA Part A form.

Proposed rule
Any rule that has been originally filed but not yet final filed.

RSFA
Rule Summary and Fiscal Analysis. A form prescribed by JCARR, pursuant to R.C. section 127.18, that agencies must complete when filing proposed or no-change rules.

Refiled rule
A proposed rule that is modified more than 35 days after the original filing. A refiled rule will incur an additional 30 days of JCARR jurisdiction from the date of the refiled filing.

Register of Ohio
http://www.registerofohio.state.oh.us
Maintained by LSC, the Register of Ohio is "an electronic publication that functions as a gazette to which members of the public may readily resort for notice of and information about rule-making processes." Agency rule-making documents, including notices of public hearings required under the Ohio Administrative Procedure Act (R.C. Chapter 119.), are published in the Register.

Renumbering a rule
If an agency wants to renumber an existing rule, it must rescind the existing rule and enact the old language as a new rule bearing the new A.C. rule number.

Rescinded rule
Rescinding a rule means to remove the rule from the law. Upon the effective date of a rescinded rule, the rule ceases to exist.

Revised rule
A proposed rule that is modified no more than 35 days after it has been original filed.

Rule
A rule is a formal, written communication of the law that has been established by an agency under a statute that authorizes the agency to adopt rules.

Rule action
A filing action executed by an agency. Possible actions include original filing, revised filing, refiled filing, final filing, withdraw proposed, withdraw final, to be refiled, emergency, and five-year review.

Rule type
The type of rule filed by an agency. Possible types include amendment, new, rescission, no-change, emergency amendment, emergency new, and emergency rescission.

State institution of higher education
A state university identified in section 3345.011 of the Revised Code, the northeast Ohio medical university, or a community college, state community college, or technical college.

Supplemental information
The information that appears on the last page of a rule published in the Register. It is a series of notations about the rule, including the effective date, certification, five-year review dates, statutory authorization, and a history trail of prior effective dates.

To Be Refiled (TBR)
A proposed rule that has been temporarily removed from JCARR consideration by the rule-filing agency. The rule will remain in TBR status until the agency revises or refiles the rule.

Withdraw Final rule
A rule that has been final filed, but the agency withdraws the final filing before the effective date. A withdraw final action has the effect of returning the rule to the proposed status it was in prior to final filing.

Withdraw Proposed rule
A proposed rule that has been removed from the rule-making process. An agency can withdraw a proposed rule anytime prior to final filing the rule. Withdrawing a proposed rule withdraws all previous proposed filings of that rule number in the current filing lifecycle, as if the rule was never proposed.