119 rule
A rule that is proposed and adopted pursuant to the rule-making procedures
prescribed by R.C. Chapter 119.
A.C. (OAC)
Ohio Administrative Code, available at http://codes.ohio.gov/oac.
The Administrative Code contains the full text of, or a reference to, every
rule that has been adopted by the agencies of state government.
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.
ERF
Electronic Rule-Filing System. The system developed and maintained by LSC,
and used by state agencies, boards, and commissions 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 91st 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 119.032, 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 119.032.
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 (K).)
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.
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.
R.C. (ORC)
Ohio Revised Code, available at http://codes.ohio.gov/oac.
R.C. 119.032 review date
The date assigned to an adopted rule by an agency on which the agency will
file the rule after having conducted the R.C. 119.032 review. (See Five-year
review.) The R.C. 119.032 review date appears on the rule supplemental information
and in Question #12 of the RSFA Part A form.
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, 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.
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, R.C. 119.032 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 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.