Ohio Admin. Code 164-1-02

Current through all regulations passed and filed through December 23, 2024

Section 164-1-02 - Public hearings on adoption, amendment, or rescission of rules; methods of public notice

(A) Except in the case of an emergency rule authorized under division (G) of section 119.03 of the Revised Code, the director shall adopt, amend, or rescind no rule unless he holds a public hearing in accordance with division (C) of that section no earlier than thirty nor later than fifty days after the proposed rule, amendment, or rescission is filed under division (B) of that section.

(B) The director shall provide public notice of the hearing referred to in paragraph (A) of this rule by notifying the liaison individual designated for each district under paragraph (A) of rule 164-1-03 of the Administrative Code.

(C) The public notice referred to in paragraph (B) of this rule shall contain the following:

(1) A statement of the director's intention to consider adopting, amending, or rescinding a rule;

(2) A synopsis of the proposed rule, amendment, or rule to be rescinded or a general statement of the subject matter to which the proposed rule, amendment, or rescission relates;

(3) A statement of the reason or purpose for adopting, amending, or rescinding the rule; and

(4) The date, time, and place of the hearing referred to in paragraph (A) of this rule.

(D) Any person who requests it and pays a reasonable fee shall receive a copy of the notice referred to in paragraph (B) of this rule. The director shall set such fee at an amount no greater than needed to cover costs of copying and mailing the notice to persons so requesting a copy of the notice.

(E) The director may provide any notice beyond that required by paragraphs (B), (C), and (D) of this rule and by Chapter 119. of the Revised Code as he considers appropriate or necessary under the circumstances. Failure to give such additional notice shall not be considered as a basis for invalidating any rule, or portion of a rule, adopted, amended, or rescinded by the director.

Ohio Admin. Code 164-1-02

Five Year Review (FYR) Dates: 10/26/2023 and 10/26/2028
Promulgated Under: 119.03
Statutory Authority: 164.05, Chap. 119
Rule Amplifies: 164.05, 164.051
Prior Effective Dates: 06/07/1989 (Emer.), 09/18/1989, 07/18/2013, 09/10/2018

Effective: 9/10/2018
Five Year Review (FYR) Dates: 6/21/2018 and 05/01/2023
Promulgated Under: 119.03
Statutory Authority: 164.05
Rule Amplifies: 164.05, 164.051
Prior Effective Dates: 06/07/1989 (Emer.), 09/18/1989, 07/18/2013