Regulatory Comment Letter

REGULATORY COMMENT LETTER — OHIO

Ohio Regulatory Framework Overview

Ohio's rulemaking and regulatory comment process is governed by the Administrative Procedure Act (APA), Ohio Revised Code (ORC) Chapter 119, and is subject to legislative oversight by the Joint Committee on Agency Rule Review (JCARR), established under ORC Chapter 106. Ohio imposes a distinctive five-year rule review requirement under ORC 119.032, which mandates that every agency must review each of its rules at least once every five years and determine whether to continue, amend, or rescind them.

The Register of Ohio is the official online publication maintained by the Legislative Service Commission (LSC) for notices of proposed rules, adopted rules, and other rulemaking actions.

Key Ohio Agencies Accepting Regulatory Comments

• Ohio Environmental Protection Agency (Ohio EPA) — air quality, water resources, waste management, cleanup
• Public Utilities Commission of Ohio (PUCO) — electric, gas, water, telecommunications utilities
• Department of Insurance (ODI) — insurance regulation
• Ohio Department of Natural Resources (ODNR) — mineral resources, oil and gas, water management, state lands
• Ohio Department of Health (ODH) — public health, health care facility licensing
• Ohio Department of Commerce (DOC) — financial institutions, real estate, industrial compliance
• Department of Job and Family Services (ODJFS) — Medicaid, unemployment, workforce development
• Ohio Department of Taxation (ODT) — tax administration
• State Board of Education / Department of Education and Workforce — education standards
• Ohio Department of Agriculture (ODA) — agricultural regulation, food safety

Ohio Rulemaking Process Summary

1. Agency drafts proposed rule and prepares Business Impact Analysis (BIA) or Common Sense Initiative (CSI) review
2. Agency files proposed rule with LSC and Secretary of State
3. Proposed rule published in the Register of Ohio
4. Public hearing held (not earlier than 31st day, not later than 40th day after filing)
5. Public comment period (written comments accepted)
6. Agency considers comments and may revise the proposed rule
7. Agency files adopted rule with JCARR
8. JCARR review period (65 days from original filing; 30 days from refiling)
9. General Assembly may invalidate rule within 59 days of JCARR filing
10. If not invalidated, rule takes effect on date specified by the agency

Type of Regulatory Comment

☐ Comment on Proposed New Rule (ORC 119.03)
☐ Comment on Proposed Rule Amendment (ORC 119.03)
☐ Comment on Five-Year Rule Review (ORC 119.032)
☐ Comment on Emergency Rule (ORC 119.03(G))
☐ Comment on Existing Rule — Request for Amendment or Rescission
☐ Comment on Agency Guidance Document or Internal Policy
☐ Comment on Agency Enforcement Policy
☐ Comment Submitted to JCARR Regarding Proposed or Existing Rule
☐ Request for Waiver or Variance from Existing Rule
☐ Petition for Adjudication / Declaratory Determination
☐ Request for No-Action Letter or Advisory Opinion
☐ Comment on Common Sense Initiative (CSI) Business Impact Analysis
☐ Comment on Rule Reduction / ORC 121.95 Regulatory Restriction

PART I: PRIMARY COMMENT LETTER TEMPLATE

A. Letterhead and Identification

[COMMENTER NAME / ORGANIZATION LETTERHEAD]
[________________________________]
[________________________________]
[________________________________]
[City, State ZIP]
Telephone: [________________________________]
Email: [________________________________]

Date: [__/__/____]

B. Agency Addressee

[Name of Agency Director / Division Chief / Hearing Officer]
[Title]
[Agency Name]
[________________________________]
[________________________________]
[City], Ohio [____]

Via: ☐ First-Class Mail  ☐ Email ([________________________________])
     ☐ Online Portal  ☐ Hand Delivery  ☐ Testimony at Public Hearing

C. Reference Line

Re:     Regulatory Comment — [________________________________]
        Register of Ohio Citation: [________________________________]
        Ohio Administrative Code (OAC) Citation: OAC [________________________________]
        Rule Number(s): [________________________________]
        Agency: [________________________________]
        Public Hearing Date: [__/__/____]
        Comment Period Deadline: [__/__/____]

D. Introduction

Dear [________________________________]:

On behalf of [________________________________] ("Commenter"), [I/we] respectfully submit the following comments in response to [the proposed rulemaking / the five-year rule review / the agency guidance document / the enforcement policy] published by [________________________________] (the "Agency") in the Register of Ohio on [__/__/____], concerning [________________________________] (the "Proposed Action").

Commenter is a [________________________________] [individual / business entity / trade association / nonprofit organization / government entity] [operating in / representing members in] [________________________________] in the State of Ohio. Commenter has a direct and substantial interest in the Proposed Action because [________________________________].

[Commenter ☐ intends to / ☐ does not intend to present oral testimony at the public hearing scheduled for [__/__/____].]

E. Executive Summary

Commenter [☐ supports / ☐ opposes / ☐ supports with modifications] the Proposed Action and respectfully requests that the Agency:

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

F. Statutory and Regulatory Background

The Agency's authority to [adopt / amend / rescind / interpret] the [rule / guidance / policy] at issue derives from:

• Enabling Statute: ORC [________________________________]
• Administrative Procedure Act: ORC Chapter 119
• Relevant OAC Section(s): OAC [________________________________]
• Related Federal Law (if applicable): [________________________________]

Under ORC 119.03(A), no agency shall adopt, amend, or rescind any rule except in compliance with the procedures set forth in ORC Chapter 119. The Agency is required to hold a public hearing and consider all testimony and evidence presented.

G. Section-by-Section Analysis and Comments

Comment 1: [Rule Section / Provision]

Comment 2: [Rule Section / Provision]

Comment 3: [Rule Section / Provision]

[Add additional comments as needed]

H. Business Impact Analysis / Common Sense Initiative Review

Under ORC 121.82 (Common Sense Initiative), agencies must prepare a Business Impact Analysis (BIA) for proposed rules that may affect businesses. Commenter offers the following analysis:

Estimated Compliance Cost: $[________________________________]

Impact on Small Businesses: [________________________________]

Impact on Ohio Employment: [________________________________]

Availability of Less Burdensome Alternatives: [________________________________]

ORC 121.95 Regulatory Restriction Analysis:
Under ORC 121.95, the Agency is required to reduce its total number of regulatory restrictions. The proposed rule [☐ adds / ☐ does not add] new regulatory restrictions. If it adds new restrictions, Commenter requests that the Agency identify which existing restrictions will be removed to comply with the regulatory reduction requirement.

Number of new restrictions identified: [____]
Number of existing restrictions proposed for removal: [____]

I. Five-Year Rule Review Comments (ORC 119.032)

[Complete this section if the comment concerns a five-year rule review]

Under ORC 119.032, the Agency must review this rule and determine whether to:
☐ Continue the rule without change (no-change review)
☐ Amend the rule
☐ Rescind the rule

Commenter's position:
☐ The rule should be continued without change
☐ The rule should be amended as follows: [________________________________]
☐ The rule should be rescinded because: [________________________________]

Rationale for Commenter's Position:
[________________________________]

Since Last Review — Changes in Law or Circumstances:
[________________________________]

Continued Necessity of the Rule:
[________________________________]

J. Alternatives and Recommendations

Commenter respectfully proposes the following alternative approaches:

1. Alternative A: [________________________________]
   - Advantages: [________________________________]
   - Implementation: [________________________________]

2. Alternative B: [________________________________]
   - Advantages: [________________________________]
   - Implementation: [________________________________]

K. Conclusion

For the reasons set forth above, Commenter respectfully urges the Agency to [________________________________]. Commenter requests that the Agency [adopt / modify / withdraw / rescind] the Proposed Action [in its entirety / as specifically described herein].

Commenter [☐ requests / ☐ does not request] notification of the Agency's final action on this matter.

Commenter [☐ requests / ☐ does not request] that a copy of this comment be forwarded to JCARR.

L. Supporting Documentation

The following documents are attached in support of this comment:

☐ Exhibit A: [________________________________]
☐ Exhibit B: [________________________________]
☐ Exhibit C: [________________________________]
☐ Exhibit D: [________________________________]
☐ Economic / Business Impact Analysis
☐ Technical Data / Expert Report
☐ Comparative Regulatory Analysis (other jurisdictions)
☐ ORC 121.95 Regulatory Restriction Count Analysis

M. Signature Block

Respectfully submitted,

________________________________________
[Full Name]
[Title / Position]
[Organization]
[________________________________]
[City], Ohio [____]
Telephone: [________________________________]
Email: [________________________________]

Date: [__/__/____]

PART II: COMMENT TO JCARR

Under ORC Chapter 106, JCARR provides legislative oversight of all agency rulemaking. Any person may contact JCARR to express concerns about proposed or existing rules. JCARR reviews all rules filed by agencies and can recommend that the General Assembly invalidate a rule.

JCARR Comment Template

[COMMENTER LETTERHEAD]

Date: [__/__/____]

Joint Committee on Agency Rule Review (JCARR)
77 South High Street, Concourse Level
Columbus, Ohio 43215
Email: [email protected]

Re:     Comment to JCARR Regarding [________________________________]
        Agency: [________________________________]
        OAC Citation: OAC [________________________________]
        Rule Number(s): [________________________________]
        JCARR Filing Date: [__/__/____]

Dear Members of the Joint Committee on Agency Rule Review:

[________________________________] ("Commenter") respectfully submits this comment regarding the above-referenced rule filed by [________________________________] with JCARR.

1. Nature of Concern:
☐ The rule exceeds the agency's statutory authority
☐ The rule conflicts with the legislative intent of the enabling statute
☐ The rule conflicts with another rule of the same or different agency
☐ The rule is an unnecessary burden on those affected
☐ The rule was not adopted in compliance with ORC Chapter 119
☐ The rule fails to comply with ORC 121.95 regulatory restriction requirements
☐ The five-year review was inadequate (ORC 119.032)
☐ Other: [________________________________]

2. Detailed Analysis:
[________________________________]

3. Requested JCARR Action:
☐ Recommend invalidation of the rule by the General Assembly
☐ Request the agency to revise the rule
☐ Hold a public hearing on the rule
☐ Other: [________________________________]

Respectfully submitted,

________________________________________
[Full Name]
[Title]
Date: [__/__/____]

PART III: REQUEST FOR WAIVER OR VARIANCE

[LETTERHEAD]

Date: [__/__/____]

[Agency Director / Division Chief]
[Agency Name]
[Address]

Re:     Request for Waiver/Variance from [________________________________]
        OAC Citation: OAC [________________________________]
        Applicant: [________________________________]

Dear [________________________________]:

[________________________________] ("Applicant") respectfully requests a [☐ waiver / ☐ variance] from the requirements of the above-referenced rule.

1. Rule from Which Waiver/Variance is Sought:
OAC [________________________________]

2. Specific Provision(s) at Issue:
[________________________________]

3. Factual Basis for Request:
[________________________________]

4. Hardship or Impracticability of Compliance:
[________________________________]

5. Alternative Compliance Measures Proposed:
[________________________________]

6. How the Purpose of the Rule Will Still Be Achieved:
[________________________________]

7. Public Health, Safety, and Welfare Considerations:
[________________________________]

8. Duration of Requested Waiver/Variance:
☐ Permanent ☐ Temporary — through [__/__/____]

Respectfully submitted,

________________________________________
[Signature]
[Printed Name]
[Title]
Date: [__/__/____]

PART IV: COMMENT ON AGENCY GUIDANCE DOCUMENT

[LETTERHEAD]

Date: [__/__/____]

[Agency Director / Division Chief]
[Agency Name]
[Address]

Re:     Comment on Agency Guidance Document / Internal Policy
        Document Title: [________________________________]
        Date Published: [__/__/____]

Dear [________________________________]:

[________________________________] ("Commenter") respectfully submits the following comments regarding the above-referenced guidance document.

1. Nature of Concern:
☐ The guidance exceeds the Agency's statutory authority
☐ The guidance conflicts with existing rules in the OAC
☐ The guidance constitutes a "rule" under ORC 119.01(C) and requires formal rulemaking
☐ The guidance is ambiguous or unclear in application
☐ The guidance imposes requirements not authorized by statute or rule
☐ The guidance introduces new regulatory restrictions in violation of ORC 121.95
☐ Other: [________________________________]

2. Specific Provisions at Issue:
[________________________________]

3. Analysis:
[________________________________]

Under ORC 119.01(C), a "rule" includes any rule, regulation, bylaw, or standard of general application adopted by an agency that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of the agency. If this guidance document meets that definition, the Agency must either withdraw it or adopt it through formal rulemaking under ORC 119.03.

4. Requested Action:
☐ Withdraw the guidance document
☐ Revise the guidance document
☐ Initiate formal rulemaking under ORC 119.03
☐ Submit to JCARR review
☐ Other: [________________________________]

Respectfully submitted,

________________________________________
[Signature]
[Printed Name]
[Title]
Date: [__/__/____]

PART V: COMMENT PREPARATION CHECKLIST

Before Submitting Your Comment

☐ Verified the public hearing date (31st-40th day after filing with SOS and LSC)
☐ Confirmed correct agency and submission address/method
☐ Reviewed the full text of the proposed rule on the Register of Ohio
☐ Reviewed the agency's Business Impact Analysis (BIA)
☐ Reviewed Common Sense Initiative (CSI) analysis if applicable
☐ Identified whether this is a new rule, amendment, rescission, or five-year review
☐ Identified all specific OAC sections or provisions at issue
☐ Researched relevant enabling statutes (ORC citations)
☐ Researched relevant existing OAC provisions
☐ Checked for related federal regulations or preemption issues
☐ Checked ORC 121.95 regulatory restriction count implications
☐ Prepared economic/compliance cost analysis if applicable
☐ Gathered supporting data, studies, or expert opinions
☐ Drafted section-by-section comments with specific proposed language changes
☐ Identified less burdensome alternatives
☐ Reviewed comment for legal accuracy and professional tone

Submission Requirements

☐ Comment is addressed to the correct agency contact or hearing officer
☐ Comment clearly identifies the proposed rule by OAC citation and Register of Ohio reference
☐ Comment includes commenter's full contact information
☐ Comment is filed before the hearing date or written comment deadline
☐ If testifying at public hearing, prepared oral testimony and written copy
☐ Retained copy of comment for records
☐ If submitting electronically, confirmed receipt acknowledgment

Post-Submission Follow-Up

☐ Confirmed receipt of comment by the Agency
☐ Attended public hearing (if applicable): [__/__/____]
☐ Calendared JCARR review period (65 days from original filing)
☐ Monitored Register of Ohio for final rule adoption
☐ If desired, submitted separate comment to JCARR
☐ Monitored General Assembly for potential rule invalidation (within 59 days)
☐ For five-year review rules, calendared next review cycle

PART VI: AGENCY RESPONSE OBLIGATIONS

Under Ohio's APA and related statutes, agencies have the following obligations:

Challenging Agency Non-Compliance

If the Agency fails to comply with its obligations:

☐ Submit written complaint to JCARR ([email protected])
☐ Petition for judicial review in the Franklin County Court of Common Pleas
☐ Seek injunctive relief under ORC 119.11
☐ File complaint with the Common Sense Initiative office
☐ Contact the Governor's office regarding executive order compliance
☐ Seek legislative intervention through General Assembly members

Sources and References

• Ohio Administrative Procedure Act: ORC Chapter 119
• Joint Committee on Agency Rule Review (JCARR): jcarr.state.oh.us
• Register of Ohio: registerofohio.state.oh.us
• Ohio Administrative Code: codes.ohio.gov/ohio-administrative-code
• Legislative Service Commission: lsc.ohio.gov
• Common Sense Initiative: governor.ohio.gov (search "Common Sense Initiative")
• Ohio EPA Rulemaking: epa.ohio.gov/about/regulatory-development
• PUCO Rulemaking: puco.ohio.gov