Chapter 103-3 | Rules

Rule 103-3-01 | Duties of LSC director concerning codification of rules.

• Effective: September 19, 2020
• Promulgated Under: 111.15

The director of the legislative service commission shall do all the following with respect to the codification of rules into the Administrative Code:

(A) Prepare and publish, and revise and publish, a rule drafting manual under rule 103-3-02 of the Administrative Code;

(B) Accept a rule that an agency files under section 111.15, 119.03, or 119.04 of the Revised Code for purposes of codification into the Administrative Code;

(C) Examine each rule that is filed to determine whether the rule is numbered in conformity with the rule numbering system devised and explained in the rule drafting manual, and whether the rule complies with the standards stated in the rule drafting manual;

(D) Assign a number to, or correct the numbering of, a rule under the first paragraph of division (A) of section 103.05 of the Revised Code if the rule is not numbered in conformity with the rule numbering system devised and explained in the rule drafting manual;

(E) Balance application of the standards stated in the rule drafting manual against application of the principles of editorial restraint and, if application of the standards outweighs application of the principles of editorial restraint, issue a notice of noncompliance under the fourth paragraph of division (A) of section 103.05 of the Revised Code to an agency that filed a rule that does not comply with the standards stated in the rule drafting manual;

(F) Apply the standards enumerated in the third paragraph of division (A) of section 103.05 of the Revised Code in determining whether to include the full text of, or only a reference to, a rule in the Administrative Code;

(G) Approve as acceptable, publications of the Administrative Code that conform to division (B) of section 103.05 of the Revised Code;

(H) Provide for the electronic publication of the Administrative Code under division (C) of section 103.05 of the Revised Code;

(I) Prescribe forms to enable, and, insofar as possible, to simplify, discharge of the director's duties under this rule and agency compliance with the obligation to conform a rule to the standards stated in the rule drafting manual under section 111.15 or 119.04 of the Revised Code;

(J) Analyze performance of the rules codification function and implement improvements to enhance its productivity; and

(K) Take any other action necessary and proper to carry out the director's duties under section 103.05 of the Revised Code.

The rule drafting manual referred to in this rule is the fifth edition. The rule drafting manual is available for inspection and copying at https://www.lsc.ohio.gov/documents/private/rules/rulesdraftingmanual.pdf, and also is available for inspection and copying at the rules codification office of the legislative service commission in the Vern Riffe center, 77 south high street, eighth floor, Columbus, Ohio 43215-6136. The telephone number is 614-387-2078. There is no charge for inspecting or copying the rule drafting manual.

Supplemental Information

Authorized By: 103.05(A), 121.72
Amplifies: 103.05(A), 121.72
Five Year Review Date: 9/19/2025
Prior Effective Dates: 4/17/1978, 12/15/1978, 1/16/1981, 3/13/1982, 7/1/2010

Rule 103-3-02 | Rule drafting manual.

• Effective: September 24, 2015
• Promulgated Under: 111.15

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 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 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.

Last updated September 2, 2024 at 12:39 PM

Supplemental Information

Authorized By: 103.05(A)
Amplifies: 103.05(A)
Five Year Review Date: 6/29/2025
Prior Effective Dates: 12/15/1978, 7/1/1999, 12/9/2005