5101:12-55-25 License suspension.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Job and Family Services

Agency Name

 

Child Support                                                      Nancy Van Kirk

Division                                                                  Contact

 

30 E Broad St 31st Floor ODJFS Office of Legal Services Columbus OH 43215-3414

614-466-4605        614-752-8298

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

5101:12-55-25

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              License suspension.

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? 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: 3123.63, 3125.25

5.  Statute(s) the rule, as filed, amplifies or implements: 3123.41 to 3123.50, 3123.52 to 3123.614, 3123.62

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

This rule is being proposed to replace existing rule 5101:12-55-25, which is being rescinded as a result of the five year rule review requirement.

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 describes the types of licenses that are subject to suspension, refusal, or

denial to renew; the requirements and process by which the license can be suspended, refused, or denied renewal; and the process to reinstate the license. Changes from the rescinded rule include: deleted references to actions completed by the licensing entity; clarified that the child support enforcement agency (CSEA) may not suspend a recreational license until the Department of Natural Resources has implemented a computer system; in paragraph (E) clarified that the CSEA may use the JFS 07229, JFS 07232, or create its own notice; added language in paragraph (G) regarding reinstating the license via the JFS 04038 when the license has been suspended by mistake; and added new paragraph (H) to require the CSEA to have written procedures of the license suspension process and to maintain a copy if the CSEA creates the form referenced in paragraph (E).

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 rule incorporates one or more references to the Ohio Revised Code (ORC). This question is not applicable to any incorporation by reference to the ORC because such reference is exempt from compliance with ORC 121.71 to 121.74 pursuant to ORC 121.76(A)(1).

This rule incorporates one or more dated references to an ODJFS form or forms. Each cited ODJFS form is dated and is generally available to persons affected by this rule via the "Info Center" link on the ODJFS web site (http://jfs.ohio.gov//) in accordance with ORC 121.75(E).

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:

Not Applicable.

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:

This rule is being refile filed to change the following:

In paragraph (F)(1), corrected the date of JFS 04042, "Notice to Reinstate/Reissue a License", to read "rev. 05/2008."

In paragraph (F)(2), corrected the date of JFS 04038, "Notice of Correction of License Suspension" to read "rev. 12/2007."

12.  119.032 Rule Review Date:

(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

This proposed rule will not change the agency's projected budget during the current biennium.

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 agency estimates that there are no new costs associated with this rule.

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