Proposed No-Change Rules

What are No-Change Filings?

Pursuant to Revised Code sections 106.03 and 106.031, 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 Whether the rule should be continued without amendment, be amended, or be rescinded, taking into consideration the purpose, scope, and intent of the statute under which the rule was adopted;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 amendment or rescission to give more flexibility at the local level;
  3. Whether the rule incorporates a text or other material by reference and, if so, whether the text or other material incorporated by reference is deposited or displayed as required by section 121.74 of the Revised Code and whether the incorporation by reference meets the standards stated in sections 121.72, 121.75, and 121.76 of the Revised Code;
  4. Whether the rule duplicates, overlaps with, or conflicts with other rules;
  5. Whether the rule has an adverse impact on businesses, as determined under section 107.52 of the Revised Code; and
  6. Whether the rule contains words or phrases having meanings that in contemporary usage are understood as being derogatory or offensive.

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. For information about the invalidation of a no change rule, see the JCARR Procedures Manual