4501-53-04 Instructor professional standards.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department Of Public Safety

Agency Name

 

Heather Reed

Division                                                                  Contact

 

1970 West Broad St., Suite 531 P.O. Box 182081 Columbus OH 43218-2081

614-466-7014        614-752-6063

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

4501-53-04

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Instructor professional standards.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? No

2.  Are you proposing this rule as a result of recent legislation? Yes

Bill Number: HB95                 General Assembly: 125           Sponsor: Rep. Charles

Calvert

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: R.C. 4508.08

5.  Statute(s) the rule, as filed, amplifies or implements: R.C. 4508.08

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

This rule is being filed for the purpose of setting forth a regulatory framework for the Ohio Department of Public Safety (ODPS) motorcycle training program.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

This rule sets forth the professional standards an approved instructor must maintain in order to retain his or her certificate to teach as a motorcycle training instructor.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

While this rule references the Administrative Code, incorporation by reference of such information is excepted by section 121.76 of the Revised Code from the requirements set forth in R.C. 121.71 to 121.75.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

While this rule references the Administrative Code, incorporation by reference of such information is excepted by section 121.76 of the Revised Code from the requirements set forth in R.C. 121.71 to 121.75.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

In paragraph (A)(2) this revision corrects a typographic error by changing the reference from Chapter 4507-17 of the Administrative Code to Chapter 4501-17 of the Administrative Code and deletes language which had set forth a minimum size for required helmets.

12.  119.032 Rule Review Date:

(If you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: At time of final filing, two dates are required: the current review date plus

a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures. 0

Not Applicable

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

Not Applicable

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

Instructors currently approved by the department must abide by the professional standards set forth in this rule; as such, there is no additional cost of compliance for these instructors. For new instructors, the majority of this rule imposes ethical and professional standards, for which there is no cost of compliance. The only costs new instructors may incur is the cost of maintaining their Red Cross CPR and first aid cards (approximately $35) and purchasing an approved helmet (approximately

$40, although this cost may vary depending on the specific brand).

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No