Administrative rules are
regulations that have been enacted to carry out the laws,
duties and obligations entrusted to agency by the Ohio Senate
and House of Representative, as well as the citizens of Ohio.
Administrative rules are often referred to the Ohio Administrative
Code (OAC) and are different from the Ohio
Revised Code. The Ohio Revised Code (ORC) are laws that
are passed by Ohio’s
Senators, Congressmen and State Representatives. The ORC
provides each state agency in Ohio to write regulations
or “rules” to
carry out the provisions of the law. Administrative rules
clarify or enhance laws as passed. The rules
must remain within the guidelines of the law and
may not grant an agency more authority than provided for
in the law.
Each division within the department
has authority to administer the specific section of the
law as granted in Title 9 of the
ORC. Each regulation is filed with the Legislative
Service Commission (LSC) and the Joint Committee on Agency
Rule Review (JCARR). JCARR has jurisdiction over the rule
for 65 days from the initial date of filing.
A public
hearing is held 31 to 40 days from the date a rule is filed.
The public hearing is held at the department.
The public is invited and given the opportunity to testify
regarding the implementation of the rule. The next phase
of the rule implementation process is a public hearing at
JCARR. The hearing date and time are posted on JCARR’s
website. JCARR hearings occur once per month, usually on
Mondays. Rules filed cannot be heard at JCARR for 41 days
from the initial date of filing. The JCARR hearing gives
an additional opportunity for the public and legislators
to ask questions and voice an opinion or a concern. After
the JCARR hearing and at the expiration of 65 days, a rule
is final filed. The rule becomes effective 10 days after
it has been final filed. An order is signed and journalized
by the agency director. Administrative rules take approximately
75 days from the date of initial filing to become effective.
