3304:1-21-12 Ohio vendors representative committee.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Rehabilitation Services Commission

Agency Name

 

Business Enterprise Program                            Mary Theodoras

Division                                                                  Contact

 

400 East Campus View Blvd Mail Station WA-2 Columbus OH 43235-4604

614-781-8718

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

3304:1-21-12

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Ohio vendors representative committee.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? Yes

2.  Are you proposing this rule as a result of recent legislation? No

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: 3304.29(D)

5.  Statute(s) the rule, as filed, amplifies or implements: 3304.34

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

The rule has been reviewed to meet the requirements of the Ohio Revised Code

119.032 to review and update administrative rules every five years. This year the Rehabilitation Services Commission, Bureau of Services to the Visually Impaired (BSVI), is scheduled to review this Business Enterprise Program Administrative Rule. The rule is proposed amended to establish electoral districts within the state for the Ohio Vendors Representative Committee; to update language and a reference; to clarify language; to move one sub-paragraph under another paragraph.

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:

The rule is proposed amended to establish electoral districts within the state for the Ohio Vendors Representative Committee; to update language and a reference; to clarify language; to move one sub-paragraph under another paragraph. The rule establishes guidelines for the election and participation of the Ohio Vendors Representative Committee.

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:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

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:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

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:

2/8/2006 In paragraph (C)(9) updated language to insert the word "and" before the word "or" in the beginning paragraph. The sentence reads "The operators of an established OVRC electoral district may petition the bureau to recall the current elected representative or alternate for misconduct and/or neglect of duty.

In paragraph (C)(9)(b) added language to clarify that after receipt of the petition for recall, the program manager shall verify that "misconduct and/or neglect of duty"

does exist, instead of stating "just cause" does exist; added language to specify that the recall ballot shall be mailed to operators of that electoral district instructing them to vote to recall or to not recall the elected representative or alternate; establish that "a majority" instead of "two-thirds" of the eligible voting operators of the given OVRC electoral district is required to return a ballot with an affirmative vote in order to recall a representative or alternate.

10/31/2005 In paragraph (C)(9) language updated to establish that operators of an established OVRC electoral district may petition the bureau to recall the current elected representative or alternate for misconduct or neglect of duty.

In paragraph (C)(9)(a) language updated to establish that a petition must be signed by fifty-one per cent of the eligible voting operators of the given OVRC electoral district and shall clearly specify the charges brought against the elected representative or alternate.

In paragraph (C)(9)(b) language updated to establish that the BE program manager shall verify that just cause does exist for a recall ballot. Then a ballot shall be mailed, by first-class postal mail or electronic mail to recall the representative or alternate. Two-thirds of the eligible voting operators of the given OVRC electoral district are required to return a ballot with an affirmative vote in order to recall a representative or alternate. The results of the ballots shall be effective immediately.

In paragraph (C)(9)(c) language updated to establish that if the representative is recalled and a vacant position exists, the alternate will become the representative and the bureau will conduct an election within the next thirty days to elect a new alternate. The one exception will be if the recall vote occurs in the month prior to the regular election for that area, in which case, no special election for an alternate will be held.

In paragraph (C)(9)(d) language updated to establish that if the alternate is recalled a special election shall be held to nominate and elect a new alternate according to paragraph (B)(4) of this rule.

Paragraphs (C)(9)(e) and (f) are deleted.

In paragraph (E) language updated to reinstate that the BSVI director shall meet with the committee; to reinstate that committee members shall bear the cost of their expenses related to special meetings; to reinstate that BSVI shall bear the cost of actual and necessary expenses for representatives and alternates now referred to as committee members for attendance at regular meetings that are conducted semiannually; to delete payments shall be made consistent with travel regulations of advisory boards; to delete that BSVI shall provide a place for committee meetings.

12. 119.032 Rule Review Date: 4/4/2005

(If the rule is not exempt and 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: If the rule is not exempt at the 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-

The rule is proposed amended to establish electoral districts within the state for the Ohio Vendors Representative Committee; to update language and a reference; to clarify language; to move one sub-paragraph under another paragraph. These changes will neither increase/decrease revenues nor expenditures.

2/8/2006 The changes to paragraph (C)(9) will neither increase/decrease revenues nor expenditures. Mailing cost is an anticipated expenditure within the program. Mailing a recall ballot to operators in an electoral district is not anticipated to be a significant cost. BSVI has had only one recall situation in the past seventeen years.

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

N/A

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:

The proposed amendments to this rule will neither increase/decrease revenues nor expenditures.

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