Propose Rules to JCARR
When the draft rule is complete, it is filed with JCARR, the Secretary of State and the Legislative Service Commission (LSC). . JCARR’s primary function is to review rules in accordance with Ohio’s laws. JCARR, part of the Ohio Legislature, consists of five State Representatives and five State Senators. The Secretary of State maintains copy of the proposed rule. LSC reviews the proposed rule to ensure that it is properly formatted and codified.
When the rule has been filed with JCARR, it is called a “proposed rule.” Ohio EPA submits a Rule Summary and Fiscal Analysis (RSFA), Environmental Amendment/Adoption Form and the Business Impact Analysis with the proposed rule. These forms answer many questions regarding the content of the proposed rule, the legal basis for the rule, the environmental justification, the adverse impacts to business, the estimated budgetary effect of the proposed rule and the estimated cost of compliance by all directly affected persons.
The proposal to JCARR starts the 65-day JCARR jurisdiction. Within the first 31 to 40 days of that jurisdiction, Ohio EPA will hold a public hearing to provide an opportunity for anyone to provide oral testimony on the rule.
Public Notice, Comment Period and Hearing
When the rule is proposed, Ohio EPA public notices the proposal and begins the formal public comment period. The public comment period usually ends on the day of the public hearing. Ohio EPA conducts public hearings for all new, amended and rescinded rules. A public hearing is the public’s opportunity to provide oral testimony for the record. Those who choose not to provide oral testimony are encouraged to submit their comments in writing. Ohio EPA considers all relevant comments when deciding whether to adopt, amend or rescind a rule. Public hearing notices are posted in Ohio EPA’s Weekly Review, on the Register of Ohio’s website and Ohio EPA’s website at News and Events.
Consider Public Comments
Written and oral comments received during the public comment period receive the same consideration. Ohio EPA carefully reviews all submitted comments and may revise the proposed rule as appropriate.
JCARR Hearing and Jurisdiction
JCARR has 65 days to review the rule to ensure:
- Do the rules exceed the agency's authority;
- Do the rules conflict with an existing rule of that agency or another state agency;
- Do the rules conflict with legislative intent;
- Has the rule-making agency prepared a complete and accurate rule summary and fiscal analysis of the proposed, amended, or rescinded rule (ORC 127.18);
- Has the rule-making agency met the incorporation by reference standards for a text or other material as stated in ORC sections 121.71 through 121.75; and,
- If the rule has an adverse impact on business (ORC 107.52), that the rule-making agency has demonstrated through the business impact analysis (BIA), the Common Sense Initiative Office (CSI) recommendations and the agency's memorandum of response to the CSI recommendations, that the rule's regulatory intent justifies its adverse impact on business.
Within the last 41 to 65 days of JCARR jurisdiction, JCARR holds a hearing to accept comments on the proposed rule. Based on the comments received, JCARR may take action to stop the adoption of the rule for the duration of that general assembly.
Finalize the Rule
Following the 65-day JCARR jurisdiction, the director of Ohio EPA adopts the rule and establishes the date the rule becomes effective. Once the rule is adopted, it is subject to appeal. The adoption of the final rule is public noticed in the Register of Ohio at and in Ohio EPA’s Weekly Review.