Ohio Administrative Code › Title 103 - Ohio Legislative Service Commission › Chapter 103-3 - Rules › Section 103-3-02 - Rule drafting manual

Current through all regulations passed and filed through July 1, 2024
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.
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