4117-25-02. Procedure for adoption of rules

(A) A majority of the members of the board shall concur to adopt, amend, or rescind a rule. Any member of the board may record his or her opposition to a proposed rule or amendment in the resolution adopting such rule, rescission, or amendment.

(B) Prior to commencing the procedures of section 119.03 of the Revised Code for promulgating proposed rules, amendments, or rescissions, the board shall select statewide organizations representing public employers or employees who would be affected by the proposed rule amendment or rescission and provide to them copies of the proposals. The board will invite the organizations to submit written comments.

(C) The board shall file a copy of each proposed rule, amendment, or rescission with the secretary of state, the director of the legislative service commission, and the joint committee on agency rule review, as provided by section 119.03 of the Revised Code, at least thirty days prior to the public hearing pursuant to Chapter 119. of the Revised Code on the proposed rule, rescission, or amendment.

(D) Public notice shall be provided at least thirty calendar days prior to the date set for the public hearing pursuant to Chapter 119. of the Revised Code regarding adoption, amendment, or rescission of any rule.

(1) Notices shall be placed in newspapers of general circulation in the cities of Cincinnati, Cleveland, Columbus, and Toledo and shall run for three consecutive calendar days;

(2) Notices shall contain a statement of the board's intention to adopt, amend, or rescind a rule; a synopsis of the proposed rule, amendment, or rule to be rescinded or a general statement of the subject matter to which the proposed rule, amendment, or rescission relates; a statement of the reason or purpose for adopting, amending, or rescinding the rule; and the date, time and place of the hearing;

(3) In all respects, adoption, amendment, or rescission of rules shall be governed by the provisions of section 119.03 of the Revised Code;

(4) The board shall send notices of the hearing to all individuals requesting such notification pursuant to division (K)(8) of section 4117.02 of the Revised Code.

(E) A copy of the proposed rule, amendment, or rule to be rescinded shall be provided to any person who requests it in writing and pays a reasonable fee, not to exceed the cost of copying and mailing.

Five Year Review (FYR) Dates: 5/27/2020 and 05/27/2025
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02
Prior Effective Dates: 03/26/1984 (Emer.), 06/24/1984, 05/18/1987, 01/02/2005

Prior History: (Five Year Review (FYR) Dates: 05/28/2015 and 05/28/2020
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02
Prior Effective Dates: 3/26/84, 6/24/84, 5/18/87, 1/2/05)