Agency Rulemaking Petition - Ohio

PETITION FOR AGENCY RULEMAKING

STATE OF OHIO

COVER LETTER

[__/__/____]

[________________________________]
[Agency Director / Board Chair Name]
[________________________________]
[Agency Name]
[________________________________]
[Street Address]
[________________________________]
[City, State ZIP Code]

RE: Petition for Rulemaking Under Ohio Administrative Procedure Act, R.C. Chapter 119

Dear [________________________________]:

I am writing on behalf of [________________________________] ("Petitioner") to submit this formal Petition for Rulemaking addressed to [________________________________] ("Agency"). This petition respectfully requests that the Agency initiate rulemaking proceedings to [____] adopt [____] amend [____] rescind the following rule(s):

Rule(s) at Issue: [________________________________]

Ohio Administrative Code Citation (if amending/rescinding): O.A.C. [________________________________]

This petition is submitted pursuant to the Ohio Administrative Procedure Act, Ohio Revised Code Chapter 119, and in accordance with the Agency's applicable procedures for receiving and acting upon citizen petitions for rulemaking.

The Petitioner respectfully requests that the Agency acknowledge receipt of this petition, review the proposed rulemaking request, and provide a written response.

Enclosed are the formal Petition for Rulemaking and all supporting materials.

Respectfully submitted,

[________________________________]
Signature

[________________________________]
Printed Name / Title

[________________________________]
Organization

[________________________________]
Address

[________________________________]
Email / Telephone

FORMAL PETITION FOR RULEMAKING

IN THE MATTER OF A PETITION FOR RULEMAKING

Before: [________________________________] (Agency Name)

Petition Filed Pursuant to: Ohio Rev. Code Chapter 119

Date Filed: [__/__/____]

I. PETITIONER IDENTIFICATION

Full Name: [________________________________]

Organization/Entity (if applicable): [________________________________]

Mailing Address: [________________________________]

City/State/ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Attorney (if represented):

Name: [________________________________]

Ohio Supreme Court Registration No.: [________________________________]

Firm: [________________________________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

II. TYPE OF RULEMAKING REQUESTED

☐ Adoption of a new rule
☐ Amendment of an existing rule
☐ Rescission of an existing rule

Existing Rule Citation (if amending or rescinding): O.A.C. [________________________________]

Title/Subject of Existing Rule: [________________________________]

Proposed New Rule Citation (if adoption): O.A.C. [________________________________] (suggested)

III. STATEMENT OF PETITIONER'S INTEREST

A. Nature of Petitioner's Interest:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

B. How Petitioner Is Affected by the Current Regulatory Framework:

[________________________________]
[________________________________]
[________________________________]

C. Organizational Affiliation (if applicable):

[________________________________]
[________________________________]

D. Persons or Entities Similarly Affected:

[________________________________]
[________________________________]
[________________________________]

IV. STATEMENT OF NEED AND PURPOSE

A. Description of the Problem or Issue:

The current regulatory framework [________________________________] creates the following problems:

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]

B. Factual Background:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

C. How the Proposed Rule Addresses the Problem:

The proposed rulemaking would address these issues by:

1. [________________________________]
2. [________________________________]
3. [________________________________]

D. Anticipated Benefits:

☐ Enhanced public health and safety
☐ Improved regulatory clarity
☐ Cost savings for regulated entities
☐ Environmental protection
☐ Consumer protection
☐ Alignment with federal requirements
☐ Correction of outdated provisions
☐ Reduction of regulatory burden
☐ Other: [________________________________]

Detailed explanation of benefits:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

V. PROPOSED RULE LANGUAGE

The Petitioner submits the following proposed regulatory text for the Agency's consideration. Additions are shown in bold and deletions in ~~strikethrough~~:

Proposed O.A.C. [________________________________]:

Rule [________________________________]

(A) [________________________________]
[________________________________]
[________________________________]

(B) [________________________________]
[________________________________]
[________________________________]

(C) [________________________________]
[________________________________]
[________________________________]

(D) [________________________________]
[________________________________]
[________________________________]

Alternative Language (if applicable):

[________________________________]
[________________________________]
[________________________________]

VI. LEGAL AUTHORITY ANALYSIS

A. Statutory Authority for the Agency to Act:

The Agency possesses authority to [adopt/amend/rescind] the proposed rule under the following statutory provisions:

1. Organic Statute: Ohio Rev. Code § [________________________________] grants the Agency authority to [________________________________].

2. General Rulemaking Authority: Ohio Rev. Code § [________________________________] authorizes the Agency to adopt, amend, and rescind rules necessary to implement its statutory mandate.

3. Specific Delegation: Ohio Rev. Code § [________________________________] specifically authorizes regulation of [________________________________].

B. Ohio APA Rulemaking Framework:

Ohio Revised Code Chapter 119 establishes the Administrative Procedure Act governing rulemaking by state agencies. Key provisions include:

1. R.C. § 119.03 -- Procedure for adoption, amendment, or rescission of rules, requiring:
   - Filing of proposed rule with the Secretary of State, JCARR, and Legislative Service Commission
   - Public notice in the Register of Ohio
   - Public hearing with at least 30 days' notice
   - Fiscal analysis and rule summary
   - Review by the Joint Committee on Agency Rule Review (JCARR)

2. R.C. § 106.02 -- JCARR review authority to examine proposed rules for compliance with legislative intent

3. R.C. § 106.03 -- Five-year rule review requiring agencies to review all rules and determine whether to continue, amend, or rescind them

4. R.C. § 119.032 -- Periodic review of existing rules

C. JCARR Review Process:

The Joint Committee on Agency Rule Review (JCARR) is a bipartisan legislative body created by the Ohio General Assembly to oversee agency rulemaking. JCARR reviews proposed new, amended, and rescinded rules from over 100 state agencies to ensure they do not exceed the rulemaking authority granted by the General Assembly.

If the petition is granted and rulemaking initiated, the proposed rule will be subject to JCARR review under R.C. § 106.02.

D. Constitutional Considerations:

[________________________________]
[________________________________]

E. Federal Preemption Analysis:

☐ No federal preemption issues identified
☐ Federal preemption analysis attached (see Exhibit [____])

[________________________________]
[________________________________]

F. Consistency with Existing Ohio Regulatory Framework:

[________________________________]
[________________________________]
[________________________________]

VII. IMPACT ANALYSIS

A. Fiscal Analysis:

Under R.C. § 119.03, the Agency must prepare a fiscal analysis of any proposed rule. The Petitioner provides the following preliminary analysis:

1. Impact on regulated entities:
   [________________________________]
   [________________________________]

2. Impact on state government:
   [________________________________]

3. Impact on local government:
   [________________________________]

4. Cost-benefit summary:
   [________________________________]
   [________________________________]

B. Business Impact Analysis:

Under R.C. § 107.52 (Common Sense Initiative), agencies must evaluate the impact of proposed rules on business:

1. Types and number of businesses affected:
   [________________________________]

2. Compliance costs for businesses:
   [________________________________]

3. Availability of less costly alternatives:
   [________________________________]

4. Methods to minimize adverse impact on small businesses:
   [________________________________]

C. Environmental Impact:

[________________________________]
[________________________________]

D. Impact on Licensees (if applicable):

Under R.C. § 119.03, if the proposed rule requires liability insurance, a bond, or any other financial responsibility instrument as a condition of licensure, the agency must certify that such insurance or bond is readily available in the required amounts:

[________________________________]
[________________________________]

E. Jobs Impact:

[________________________________]
[________________________________]

VIII. PUBLIC INTEREST ARGUMENTS

A. Health and Safety:

[________________________________]
[________________________________]

B. Consumer Protection:

[________________________________]
[________________________________]

C. Environmental Protection:

[________________________________]
[________________________________]

D. Equity and Fairness:

[________________________________]
[________________________________]

E. Government Efficiency:

[________________________________]
[________________________________]

F. Comparison with Other Jurisdictions:

IX. FIVE-YEAR RULE REVIEW CONSIDERATIONS

Under R.C. § 106.03 and § 119.032, all Ohio administrative rules are subject to periodic review. If the petition seeks amendment or rescission of an existing rule, the Petitioner notes:

A. Current Rule Review Date: [__/__/____]

B. Last Five-Year Review Date: [__/__/____]

C. Rule Review Findings (if available):

[________________________________]
[________________________________]

D. Relevance to Petition:

☐ The existing rule is overdue for five-year review
☐ The existing rule was continued without change at last review despite changed circumstances
☐ The existing rule conflicts with subsequently enacted legislation
☐ The existing rule imposes unnecessary regulatory burden identified during review
☐ Other: [________________________________]

X. SUPPORTING EVIDENCE AND EXHIBITS

The following documents are submitted in support of this petition:

☐ Exhibit A: Technical data and studies
☐ Exhibit B: Economic analysis and fiscal data
☐ Exhibit C: Stakeholder and industry letters of support
☐ Exhibit D: Comparative jurisdiction analysis
☐ Exhibit E: Federal regulatory references
☐ Exhibit F: Expert declarations or reports
☐ Exhibit G: Public comment summaries, surveys, or petitions
☐ Exhibit H: Draft rule text markup (redline version)
☐ Exhibit I: Common Sense Initiative (CSI) analysis
☐ Exhibit J: Other: [________________________________]

XI. PETITIONER'S REQUEST

WHEREFORE, the Petitioner respectfully requests that [________________________________] (Agency):

1. Acknowledge receipt of this petition and docket it for review;

2. Review the petition and determine whether rulemaking is warranted;

3. Initiate rulemaking proceedings under R.C. § 119.03, including:
   - Filing the proposed rule with the Secretary of State, JCARR, and Legislative Service Commission
   - Publishing notice in the Register of Ohio
   - Conducting a public hearing
   - Preparing a fiscal analysis;

4. Provide a written response to this petition within a reasonable time, stating the Agency's decision and reasons; and

5. Notify the Petitioner of any public hearings or comment periods related to the proposed rulemaking.

XII. VERIFICATION AND SIGNATURE

I, [________________________________], hereby verify that the statements made in this petition are true and accurate to the best of my knowledge, information, and belief, and that this petition is submitted in good faith.

Signature: ________________________________________

Printed Name: [________________________________]

Title: [________________________________]

Organization: [________________________________]

Date: [__/__/____]

FILING INSTRUCTIONS

Where to File

Agency Filing:

• Submit the petition directly to the state agency with jurisdiction over the subject matter
• Address the petition to the agency director, board chair, or designated rulemaking contact
• Confirm the agency's preferred filing method (mail, hand delivery, electronic submission)

Common Sense Initiative (CSI) Office:

• If the petition involves rules affecting businesses, consider also submitting to the Common Sense Initiative Office within the Governor's Office
• Governor's Office, 77 South High Street, 30th Floor, Columbus, OH 43215
• CSI Website: https://governor.ohio.gov/priorities/common-sense-initiative

JCARR (for reference/copy):

• Joint Committee on Agency Rule Review
• 77 South High Street, Concourse Level, Columbus, OH 43215
• Phone: (614) 466-4086
• Website: https://www.jcarr.state.oh.us/

Filing Requirements

☐ Original petition signed by petitioner or authorized representative
☐ Copy of proposed rule language
☐ All supporting exhibits properly labeled
☐ Proof of service (if required by agency rules)
☐ Cover letter addressed to agency director or board chair

Service Requirements

☐ Serve one copy on the agency
☐ Retain one copy for petitioner's records
☐ Consider serving a courtesy copy on JCARR
☐ Consider serving a copy on the Common Sense Initiative Office

Filing Tips

1. Identify the correct agency -- verify that the agency has jurisdiction over the subject matter and the specific chapter of the Ohio Administrative Code at issue.

2. Check agency-specific procedures -- some agencies have adopted their own procedures for receiving petitions. Review the agency's rules in the Ohio Administrative Code.

3. Request a date-stamped copy -- ask the agency to date-stamp your copy when filing in person.

4. Send via certified mail -- if mailing, use certified mail with return receipt requested to establish the filing date.

5. Check the Register of Ohio -- review the Register of Ohio for any pending rulemaking on the same topic. Available at: https://www.registerofohio.state.oh.us/

6. Review JCARR's RuleWatch -- check RuleWatch Ohio for current and pending rules: https://www.rulewatchohio.gov/

AGENCY RESPONSE REQUIREMENTS

Response Framework

Ohio does not have a statutory provision identical to some other states that mandates a specific deadline for agency response to a citizen's petition for rulemaking. However, the following framework applies:

If the Agency Initiates Rulemaking (R.C. § 119.03 Procedure)

If the agency grants the petition and initiates rulemaking, it must follow the R.C. § 119.03 procedure:

1. File proposed rule with the Secretary of State, JCARR, and Legislative Service Commission
2. Publish notice in the Register of Ohio at least 30 days before the public hearing
3. Conduct a public hearing open to all interested persons
4. Prepare a fiscal analysis and rule summary
5. Submit to JCARR for legislative review under R.C. § 106.02
6. Wait for JCARR review period -- JCARR may recommend invalidation by concurrent resolution
7. Adopt the final rule after the legislative review period expires without invalidation
8. File the final rule with the Secretary of State; effective date not earlier than 10 days after final filing

Possible Agency Responses

☐ Grant the petition -- initiate rulemaking under R.C. § 119.03
☐ Grant in part -- initiate rulemaking on some requested provisions
☐ Deny the petition -- decline to initiate rulemaking, with stated reasons
☐ Defer action -- postpone consideration pending study or related proceedings
☐ Refer to CSI -- refer the matter to the Common Sense Initiative for business impact review
☐ Incorporate into five-year review -- address the petition as part of the next scheduled rule review

APPEAL OF DENIAL

Administrative Remedies

If the agency denies or fails to act on the petition:

1. Request Reconsideration: Submit a written request for reconsideration to the agency, presenting additional evidence or arguments.

2. Common Sense Initiative: If the petition involves business regulations, file a complaint with the Common Sense Initiative Office requesting review of the agency's refusal to act.

3. JCARR Communication: Contact the Joint Committee on Agency Rule Review to raise concerns about existing rules that exceed legislative intent or are outdated. JCARR can communicate directly with agencies about rulemaking concerns.

4. Governor's Office: Petition the Governor's Office to direct the agency to reconsider the rulemaking request.

5. Legislative Channels: Contact the relevant legislative committees with jurisdiction over the agency to request oversight hearings or legislative action.

Judicial Review

If administrative remedies are exhausted:

1. Court of Common Pleas: Under R.C. § 119.12, any party adversely affected by an order of an agency may appeal to the court of common pleas. However, this provision primarily applies to adjudicatory orders, not rulemaking decisions.

2. Mandamus Action: If the agency has a clear legal duty to act on the petition and fails to do so, the petitioner may consider a mandamus action in the Ohio Supreme Court or a court of appeals under R.C. § 2731.01 et seq.

3. Declaratory Judgment: Under R.C. § 2721.01 et seq., the petitioner may seek a declaratory judgment regarding the validity of an existing rule or the agency's authority.

4. Rule Validity Challenge: Under R.C. § 119.11, any person adversely affected by a rule may commence an action in the Franklin County Court of Common Pleas to have the rule declared invalid if it:
   - Was adopted without compliance with R.C. § 119.03
   - Is unconstitutional
   - Is unreasonable
   - Exceeds the agency's statutory authority

5. Standard of Review: Courts review agency rulemaking actions for abuse of discretion. The agency's decision not to initiate rulemaking is generally given substantial deference.

DOCUMENT CHECKLIST

Required Documents

☐ Cover letter to agency director or board chair
☐ Formal Petition for Rulemaking (signed)
☐ Statement of petitioner's interest
☐ Statement of need and purpose
☐ Proposed rule language (full text)
☐ Legal authority analysis
☐ Verification/signature page

Recommended Supporting Documents

☐ Fiscal analysis (preliminary)
☐ Business impact analysis (CSI framework)
☐ Technical studies or data
☐ Stakeholder support letters
☐ Comparative jurisdiction analysis
☐ Expert declarations or reports
☐ Federal regulatory references
☐ Five-year rule review analysis (if applicable)
☐ Proof of service/delivery

Filing Copies

☐ Original for agency filing
☐ Copy for petitioner's records
☐ Copy for attorney (if represented)
☐ Courtesy copy for JCARR (optional but recommended)
☐ Date-stamped copy from agency (request at filing)

PRACTICE TIPS FOR OHIO PRACTITIONERS

Before Filing

1. Understand Ohio's rulemaking framework -- Ohio's rulemaking process is governed primarily by R.C. Chapter 119 and is subject to legislative review by JCARR. Unlike some states, Ohio does not have a specific statutory provision mandating that agencies accept and respond to citizen petitions for rulemaking within a fixed deadline. Building a strong petition is therefore especially important.

2. Check the Register of Ohio -- review the Register of Ohio at https://www.registerofohio.state.oh.us/ for any pending rulemaking on the same or similar subject matter.

3. Review RuleWatch Ohio -- use RuleWatch Ohio at https://www.rulewatchohio.gov/ to track current and pending rules and identify upcoming five-year review dates.

4. Leverage the five-year review cycle -- under R.C. § 106.03, all rules must be reviewed at least every five years. If the rule you seek to amend or rescind is approaching its review date, timing your petition to coincide with the review may increase your chances of success.

5. Engage the Common Sense Initiative -- if the petition involves business regulations, contact the CSI Office early. The CSI was established to reduce unnecessary regulatory burdens on businesses.

6. Build stakeholder coalition -- gather support from affected parties, industry groups, trade associations, and other stakeholders.

Drafting the Petition

7. Provide specific proposed rule language -- draft actual regulatory text in the format of the Ohio Administrative Code. Agencies are more likely to act on petitions that provide ready-to-adopt language.

8. Include a preliminary fiscal analysis -- R.C. § 119.03 requires a fiscal analysis for all rulemaking. Providing a preliminary analysis demonstrates thoroughness and assists the agency.

9. Address CSI criteria -- frame the petition's business impact analysis using the Common Sense Initiative criteria: necessity, impact on small businesses, availability of less burdensome alternatives.

10. Cite specific statutory authority -- identify the precise R.C. provisions that authorize the agency to adopt the proposed rule. Do not rely solely on general rulemaking authority.

11. Reference JCARR standards -- JCARR reviews proposed rules for consistency with legislative intent, statutory authority, and reasonableness. Address these standards in the petition.

After Filing

12. Follow up with the agency -- since Ohio does not mandate a specific response deadline for citizen petitions, follow up regularly with the agency to inquire about the status of the petition.

13. Attend public hearings -- if the agency initiates rulemaking, attend and testify at the public hearing required by R.C. § 119.03(C).

14. Monitor JCARR proceedings -- track the proposed rule through the JCARR review process. JCARR meetings are public and can be attended or monitored.

15. Preserve all records -- retain copies of all filings, correspondence, and date-stamped receipts for potential judicial review.

16. Consider parallel legislative action -- if the agency is unresponsive, consider working with legislators to introduce a bill directing the agency to initiate rulemaking or to enact the desired regulatory change through legislation.

SOURCES AND REFERENCES

1. Ohio Administrative Procedure Act: Ohio Rev. Code Chapter 119
   - https://codes.ohio.gov/orc/119

2. R.C. § 119.03 - Rulemaking Procedure:
   - https://codes.ohio.gov/orc/119.03

3. Joint Committee on Agency Rule Review (JCARR):
   - https://www.jcarr.state.oh.us/

4. R.C. § 106.02 - JCARR Review:
   - https://codes.ohio.gov/orc/106

5. R.C. § 106.03 - Five-Year Rule Review:
   - https://codes.ohio.gov/orc/106.03

6. Register of Ohio:
   - https://www.registerofohio.state.oh.us/

7. RuleWatch Ohio:
   - https://www.rulewatchohio.gov/

8. Common Sense Initiative:
   - https://governor.ohio.gov/priorities/common-sense-initiative

9. JCARR FAQ:
   - https://www.rulewatchohio.gov/learn-more/frequently-asked-questions

10. R.C. § 119.11 - Rule Validity Challenges:
    - https://codes.ohio.gov/orc/119.11

This template is provided for informational purposes only and does not constitute legal advice. Rulemaking petition requirements vary by agency. Consult a qualified Ohio attorney before filing a petition for rulemaking. Last updated: 2026-03-08.