The director of the legislative service commission, considering
the objectives of codification and the principles of better legal drafting,
shall prepare and publish a rule drafting manual that states standards to be
followed by an agency in drafting a rule that is to be codified into the
Administrative Code. The director, considering the objectives of codification
and the principles of better legal drafting, shall revise the rule drafting
manual and publish a new edition as need for improvement of the rule drafting
manual becomes apparent.
The director shall do all the following in the rule drafting
manual:
(A) Devise and explain the
rule numbering system according to which an agency is to codify a rule into the
Administrative Code;
(B) Restate
and explain the standards according to which the director, under paragraph (F)
of rule
103-3-01
of the Administrative Code, determines whether to include the full text of, or
only a reference to, a rule in the Administrative Code;
(C) Prescribe, explain, and illustrate how an
agency formally is to structure a rule, including the rule number, the subject
matter heading, the principal text, any appendices, and the supplemental
information;
(D) Prescribe,
explain, and illustrate the supplemental information an agency is to attach to
a rule, including information with respect to the history of the rule; a
certification that the rule has been lawfully adopted; and the effective date,
expiration date, and cyclical 119.032
periodic five-year review date of the rule;
(E) Prescribe, explain, and illustrate the
standard techniques by which an agency is to draft an amendment to an existing
rule, an enactment of a new rule, and a rescission of an existing rule, and
prescribe, explain, and illustrate special techniques of rule drafting, such as
renumbering a rule and rescinding and reenacting a rule;
(F) Prescribe, explain, and illustrate the
techniques by which an agency is to draft an amendment to an existing appendix
of a rule, an addition of a new appendix to a rule, and a removal of an
existing appendix from a rule;
(G)
Prescribe standards of style, other than those commonly known from principles
of formal writing, an agency specially is to apply in drafting the text of a
rule that is to be codified into the Administrative Code;
(H) Prescribe, explain, and illustrate the
format in which an agency is to file a rule for codification into the
Administrative Code;
(I) Explain
how the director discharges the director's duty under paragraphs (C) and (D) of
rule
103-3-01
of the Administrative Code to ensure that a rule is numbered in conformity with
the rule numbering system devised and explained in the rule drafting
manual;
(J) Explain how the
director discharges the director's duty under paragraphs (C) and (E) of rule
103-3-01
of the Administrative Code to ensure that a rule complies with the standards
stated in the rule drafting manual, and explain an agency's obligation to
conform a rule to the standards stated in the rule drafting manual under
section
111.15
,
or
119.04
, 4141.14, or 5703.14 of the Revised Code;
and
(K) Prescribe, explain, and
illustrate any other matter the director considers necessary and proper to
ensure uniformity in the text of rules that are codified into the
Administrative Code and maintenance of the Administrative Code rule numbering
system.
In preparing phases of the rule drafting manual under paragraph
(G) of this rule, the director shall take account of the Ohio Uniform Statutory
Construction Act, sections
1.41 to
1.59 of the Revised Code,
insofar as it applies to rules under section
1.41 of the Revised Code, and,
by analogy to section
1.31 of the Revised Code and the
policies it reflects, shall encourage agencies to draft rules using gender
neutral language.
Notes
Ohio Admin. Code 103-3-02
Five Year Review (FYR) Dates:
6/29/2020 and
06/29/2025
Promulgated
Under: 111.15
Statutory
Authority: 103.05(A)
Rule Amplifies:
103.05(A)
Prior Effective Dates: 11/14/1977, 01/01/1978, 04/17/1978,
12/15/1978, 01/16/1981, 03/13/1982, 07/01/1999, 12/09/2005,
09/24/2015
Effective: 9/24/2015
Five Year Review (FYR) Dates:
07/01/2015 and
07/01/2020
Promulgated
Under: 111.15
Statutory
Authority: 103.05(A)
Rule Amplifies:
103.05(A)
Prior Effective Dates: 11/14/77, 1/1/78, 4/17/78, 12/15/78,
1/16/81, 3/13/82, 7/1/99, 12/9/05
