173-4-08 Older Americans Act nutrition program: nutrition education.  

  • Text Box: ACTION: Refiled Text Box: DATE: 07/20/2016 1:36 PM

     

     

     

    Rule Summary and Fiscal Analysis (Part A)

     

    Department of Aging

    Agency Name

     

    Tom Simmons

    Division                                                                  Contact

     

    246 N. High St. 1st floor Columbus OH 43215-2046  614-728-2548

    Agency Mailing Address (Plus Zip)                                       Phone                     Fax

     

    tsimmons@age.ohio.gov

    Email

     

     

     

    173-4-08

    Rule Number

    NEW

    TYPE of rule filing

    Rule Title/Tag Line              Older Americans Act nutrition program: nutrition education.

    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? 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: 173.01, 173.02, 173.392; Section 305(a)(1)(C) of the Older Americans Act of 1965, 70 Stat. 210, 42

    U.S.C. 3001, as amended by the Older Americans Act Reauthorization Act of 2016; 45 C.F.R. 1321.11 (July 1, 2016).

    5.  Statute(s) the rule, as filed, amplifies or implements: 173.392; Sections 214, 331, 336, and 339 of the Older Americans Act of 1965, 79 Stat. 210, 42 U.S.C. 3001, as amended by the Older Americans Act Reauthorization Act of 2016.

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

    This rule is part of a larger nutrition rule project. ODA proposes to adopt this new rule to replace the language in OAC173-4-07. For more information, please review the business impact analysis (BIA).

    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 proposed new rule would establish general requirements for nutrition education. It would replace OAC173-4-07.

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

    On May 2, 2016, ODA made a revised filing of this rule to (1) update references to the Act in the "authorized by" and "amplifies" sections after the rule text and (2) upload a revised public hearing notice for a public hearing on the same date and time and in the same location.

    On July 20, 2016, ODA refiled the rule. In doing so, ODA proposed changing the date of the reference to 45 C.F.R. 1321.11 in the statutory authority section from "October, 2015 edition" to "July 1, 2016" to reflect the latest version of the federal rule. (Cf. Administration for Community Living. Final Rules. Federal Register.

    Vol. 81. No. 107. Friday, June 3, 2016. Pp. 35644-35648.) This would have no effect on the rule's content.

    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 have no impact on revenues or expenditures. 0.00

    Adopting the proposed new rule to replace OAC173-4-07 (which ODA is simultaneously proposing to rescind) would not impact the biennial budget the Ohio General Assembly established for ODA.

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

    GRF-490-411 Senior Community Services. 3220-490-618 Federal Aging Grants.

    3M40-490-612 Federal Independence Services.

    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:

    There would be no cost of compliance directly associated with adopting this new rule to replace the OAC173-4-07. For information on the cost of complying with the new rule, please review the BIA and its appendices.

    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? Yes

    The proposed new rule would regulate AAA-provider agreements which are necessary to provide this service.

    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? Yes

    The proposed new rule would require documentation, service verification, and records retention.