4501-8-19 Administrative actions by the department.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Public Safety

Agency Name

 

Joseph Kirk

Division                                                                  Contact

 

1970 West Broad Street PO Box 182081 Columbus OH 43218-2081

614-466-5605

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

[e-mail]

Email

4501-8-19

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Administrative actions by the department.

RULE SUMMARY

1.  Is the rule being filed for five year review (FYR)? No

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

Bill Number: HB53                 General Assembly: 131           Sponsor: Grossman

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: 4508.02, 4508.06

5.  Statute(s) the rule, as filed, amplifies or implements: 4508.06

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

This rule is being filed to implement statutory changes set forth in HB 53, 131st General Assembly.

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 ability of the Director of Public Safety to take action against an applicant or license of an abbreviated adult training course, adult training coordinator, or instructor when the director has determined that provisions of Chapter 4501-8 of the OAC have been violated. The rule also addresses the licensee#s rights under Chapter 119. of the Revised Code. Additionally, this proposed rule addresses immediate suspensions of school or instructor licenses for egregious violations as established in Section 4508.06 of the Revised Code

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 the "renewal requirements." To comply with sections 121.71 to 121.74 of the Revised Code, this rule refers readers to 4501-8-21, which addresses the version/date of the material, as well as its availability. Paragraph (A) of rule 4501-8-21 addresses all materials incorporated in the chapter in full compliance with statute.

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:

"Renewal Requirements" are not being filed as part of this package. "Renewal Requirements" is a database application that is part of the Driver Training Program website, a program accessible to licensed schools, training managers, and instructors, or those who can reasonably be anticipated to be impacted by this rule, where information is electronically entered via an interface on the system. These materials are still addressed in rule 4501-8-21 providing full citation, date/version as appropriate, and availability.

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. If applicable, indicate each specific paragraph of the rule that has been modified:

The rule is being revise filed to correct a dating error on the public hearing notice, in addition to correcting Revised Code citations in paragraphs (E) and (F).

12.  Five Year Review (FYR) 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 increase expenditures. 6000

It is estimated disciplinary action (administrative hearings) increases the agency's expenditures by about $6000 per year for the costs of hearing examiners and court reporters for the purposes of the administrative hearings. The actual costs are determined by the number of cases and the length of the hearings.

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

The expenditures are appropriated through the 7036 fund (Highway Transportation Fund), ALI 761321 under Information and Education Operating.

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:

It is estimated that this rule will not result in any costs of compliance for stakeholders.

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

S.B. 2 (129th General Assembly) Questions

18.  Has this rule been filed with the Common Sense Initiative Office pursuant to

R.C. 121.82? Yes

19.  Specific to this rule, answer the following:

A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No

This rule, in and of itself, does not require prior authorization to engage in or operate a line of business; however, it is part of a filing package that does, as some provisions in Chapter 4501-8 require abbreviated adult driver training schools and online driver education programs to obtain and maintain the appropriate license or certificate prior to engaging in driver education and training, pursuant to sections

4508.03 and 4508.04 of the Revised Code.

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? Yes

Immediate suspensions may be imposed or administrative actions may be taken which may impose sanctions up to and including suspension and revocation of a license if licensees fail to meet the requirements set forth in this rule. This rule specifically imposes sanctions including reprimanding, denials, suspensions, revocations, of placement on probationary status of licenses.

C.) Does this rule require specific expenditures or the report of information as a condition of compliance? No