The Rule Making Process
Through Ohio Revised Code § 3737.90 (B), the General Assembly granted the Board broad authority to adopt, amend and rescind rules as necessary or appropriate to implement and administer the Financial Assurance Fund.
Each year the Board Chairman appoints a rules committee, and the committee subsequently holds one or more meetings to consider promulgating new rules, revising existing rules, or rescinding existing rules. The committee’s agenda is developed in a number of ways. A rule may be selected for review because of statutory requirements, or because of recent court decisions. Input from the staff or from petroleum underground storage tank owners or operators, or their consultants, may define issues for the committee’s review. Finally, changes in the State Fire Marshal’s corrective action rules may require amending the Board’s rules.
At the end of its review, the committee seeks comments from interested parties, in conformance with Ohio Revised Code § 121.39, and reports its recommendations and any comments from the interested parties to the Board at a regularly scheduled Board meeting. Final approval to initiate proposed changes is made by the Board and a public hearing is scheduled.
After the approved rules changes are filed with the appropriate state agencies, public notice of the proposed changes is given to representative organizations and individuals requesting such notice, and the Board holds a public hearing within 31 to 40 days from the rules filing.
Following the public hearing, the Joint Committee on Agency Rule Review (JCARR) holds a hearing to approve the rule amendments. Afterward the Board then votes to adopt the rules