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Proposed No-Change Rules


 

What are No-Change Filings?

Pursuant to Sub. H.B. 473 of the 121st General Assembly (R.C. 119.032), every five years state agencies are required to review each of their rules and determine whether to continue without change, amend, or rescind them.

Rule Review by Agency

Prior to the scheduled review date of a rule, an agency must review the rule to determine all of the following:
  1. Whether the rule should be continued without amendment, be amended, or be rescinded taking into consideration the purpose, scope, and intent of the statute under which the rule was adopted.
  2. Whether the rule needs to be amended or rescinded to give more flexibility at the local level.
  3. Whether the rule needs to be amended or rescinded to eliminate unnecessary paperwork.
  4. Whether the rule duplicates, overlaps, or conflicts with other rules.

In making this review, the agency must consider the continued need for the rule, the nature of any complaints or comments received concerning it and any relevant factors that may have changed in the subject matter affected by the rule.

JCARR Review

Once the rules are filed, JCARR has 90 days to review the rule. For four consecutive weeks after the rules are filed, JCARR will provide public notice of the determination made by the agency. After the four-week public notice period, the rule is scheduled for a JCARR hearing where the committee may recommend invalidation of the rule if either of the following apply:

  1. An agency improperly applied the review criteria when it reviewed the rule.
  2. An agency failed to provide proper notice to JCARR or failed to take action on the rule by the review date. (JCARR may recommend invalidation of a rule by a majority vote of the members present, but not before the agency has the opportunity to show the committee why the rule should not be invalidated.) If JCARR does not vote to recommend invalidation of a rule within the 90-day review period, the rule shall continue in effect without amendment and shall next be reviewed on the newly assigned review date.

 

 


 

 

Related Links: Ohio Administrative Code | LSC | JCARR
Ohio General Assembly | Ohio Senate | Ohio House of Representatives

Site address: http://www.RegisterofOhio.state.oh.us
Please address Questions and Comments to erfhelpdesk@lsc.state.oh.us