4501-7-01 Definitions.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Public Safety

Agency Name

 

Anna Firestone

Division                                                                  Contact

 

Ohio Department of Public Safety 1970 West Broad Street, Suite 531 Columbus OH 43223-0000

614-466-7014

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

[e-mail]

Email

4501-7-01

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Definitions.

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: HB487               General Assembly: 129           Sponsor: Amstutz

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. 4508.02

5.  Statute(s) the rule, as filed, amplifies or implements: R.C. 4508.01 to R.C. 4508.09

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 487, 129th 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 provides the definitions of terms used throughout Chapter 4501-7 of the Administrative Code related to driver training enterprises and schools.

The proposed amendments define new terms related to online driver education including online provider, online driver training program, online instructors, driver education, driver training, certificate of enrollment and certificates of completion for an online program. Additionally, existing definitions were modified to include online providers for application and licensing.

Finally, a new paragraph has been added to address materials incorporated by reference in Chapter 4501:1-1.

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:

Section 121.75 of the Revised Code provides an exception to the provisions of sections 121.71 to 121.74 of the Revised Code for a text or other material, including, without limitation, generally accepted industry standards, that is generally available to persons who reasonably can be expected to be affected by the rule.

This rule provides a section to address version and availability of all materials incorporated by reference in Chapter 4501-7 including "Driver Training Enterprise Application," "Driver Training Instructor License Application," "Required Minimum Standards for Online Driver Education," "renewal requirements," "Examination Questions Test Bank," "Certificates of Completion/Enrollment," "Digest of Motor Vehicle Laws," and the "Ohio Driver Training Curriculum," which are all commonly known and considered industry standards for all Ohio licensed driver training schools. These materials are generally available to driver training enterprises, instructors, training managers, and authorizing officials, those who reasonably can be expected to be affected by the rule, upon written request submitted to the Driver Training Program Office or via the Driver Training Program website.

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:

Section 121.75 of the Revised Code provides an exception to the provisions of sections 121.71 to 121.74 of the Revised Code for a text or other material, including, without limitation, generally accepted industry standards, that is generally available to persons who reasonably can be expected to be affected by the rule.

This rule provides a section to address version and availability of all materials incorporated by reference in Chapter 4501-7 including "Driver Training Enterprise Application," "Driver Training Instructor License Application," "Required Minimum Standards for Online Driver Education," "renewal requirements," "Examination Questions Test Bank," "Certificates of Completion/Enrollment," "Digest of Motor Vehicle Laws," and the "Ohio Driver Training Curriculum," which are all commonly known and considered industry standards for all Ohio licensed driver training schools. These materials are generally available to driver training enterprises, instructors, training managers, and authorizing officials, those who reasonably can be expected to be affected by the rule, upon written request submitted to the Driver Training Program Office or via the Driver Training Program website.

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:

This rule is proposed for refiling to address version and availability of 49 CFR

391.43 or Title 49 of the Code of Federal Regulations, Section 391.43, which is incorporated by reference in rule 4501-7-25 of the Administrative Code.

12. 119.032 Rule Review Date: 10/8/2014

(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 rule is not expected to impact the agency's budget in 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:

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

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? No

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