COMMENT ON PROPOSED RULE

OHIO ADMINISTRATIVE PROCEDURE ACT SUBMISSION

DOCUMENT HEADER

To: [AGENCY NAME]
Agency Contact: [CONTACT NAME, TITLE]
Agency Address: [ADDRESS]
Agency Email: [EMAIL]

Docket/Reference Number: [CSI RULE NUMBER / JCARR REFERENCE]
Rule(s) at Issue: [OHIO ADMIN. CODE RULE NUMBER(S)]
Subject: Comment on Proposed [NEW RULE / AMENDMENT / FIVE-YEAR REVIEW / RESCISSION]
Rule Title: [RULE TITLE]

Submitted by: [COMMENTER NAME / ORGANIZATION]
Commenter Contact: [NAME, TITLE]
Address: [ADDRESS]
Phone: [PHONE]
Email: [EMAIL]

Date of Submission: [DATE]

Comment Deadline: [DEADLINE DATE FROM NOTICE]

TABLE OF CONTENTS

1. Introduction and Executive Summary
2. Commenter's Interest and Standing
3. Regulatory Background and Context
4. Summary of Support or Opposition
5. Detailed Comments and Analysis
6. Economic Impact Analysis
7. Legal Authority and Compliance Analysis
8. Alternative Proposals
9. Request for Public Hearing
10. Conclusion and Summary of Requested Changes
11. Supporting Documentation
12. Signature Block

1. INTRODUCTION AND EXECUTIVE SUMMARY

1.1 Purpose of Comment

This comment is submitted in response to the proposed [rulemaking / amendment / five-year review / rescission] of Ohio Administrative Code ("OAC") Rule [RULE NUMBER], as published in the [Register of Ohio / Agency Website] on [PUBLICATION DATE] and pursuant to Ohio Revised Code ("ORC") Chapter 119 (Administrative Procedure Act).

1.2 Executive Summary

[Provide a concise 1-2 paragraph summary of your position and key recommendations. This should capture the essence of your comment for busy agency staff and decision-makers.]

Overall Position: ☐ Support ☐ Support with Modifications ☐ Oppose ☐ Request Clarification

Key Recommendations:
1. [FIRST KEY RECOMMENDATION - ONE SENTENCE]
2. [SECOND KEY RECOMMENDATION - ONE SENTENCE]
3. [THIRD KEY RECOMMENDATION - ONE SENTENCE]

2. COMMENTER'S INTEREST AND STANDING

2.1 Identification of Commenter

[COMMENTER NAME] is a [DESCRIBE: e.g., trade association representing X members, Ohio-based company employing X Ohioans, nonprofit organization, individual citizen, local government, etc.] with a direct and substantial interest in the proposed rule.

2.2 Credentials and Expertise

[Describe relevant expertise, experience, or credentials that establish the commenter's knowledge of the subject matter. This adds credibility to technical or policy arguments.]

• Years of Experience: [NUMBER] years in [INDUSTRY/FIELD]
• Membership/Certifications: [RELEVANT CERTIFICATIONS OR MEMBERSHIPS]
• Geographic Scope: [STATE/REGIONAL/NATIONAL operations affecting Ohio]
• Prior Regulatory Engagement: [ANY PRIOR INVOLVEMENT WITH THIS AGENCY OR RULE]

2.3 Stake in the Proposed Rule

[Explain specifically how the proposed rule would affect the commenter, including:
- Direct regulatory obligations that would apply
- Economic impacts (costs or benefits)
- Operational changes required
- Competitive effects
- Effects on employees, customers, or members]

Specific Impacts:
- Regulatory Compliance: [DESCRIBE COMPLIANCE OBLIGATIONS]
- Economic Impact: Estimated $[AMOUNT] in [ANNUAL/ONE-TIME] costs
- Operational Changes: [DESCRIBE REQUIRED CHANGES]
- Employment Effects: Affects approximately [NUMBER] Ohio jobs

3. REGULATORY BACKGROUND AND CONTEXT

3.1 Statutory Authority

The proposed rule is issued pursuant to [ORC SECTION(S)], which authorizes the [AGENCY NAME] to [describe statutory grant of authority].

Relevant Statutes:
- ORC § [NUMBER] - [BRIEF DESCRIPTION]
- ORC § [NUMBER] - [BRIEF DESCRIPTION]

3.2 Regulatory History

[Provide relevant history of this rule or regulatory area:]

• Original Rule Adoption: [DATE]
• Prior Amendments: [DATES AND BRIEF DESCRIPTIONS]
• Five-Year Review Status: [CURRENT REVIEW CYCLE]
• Related Rules: OAC [RULE NUMBERS]

3.3 Ohio Administrative Procedure Act Requirements

Under ORC Chapter 119, the agency must:

1. Notice Requirements (ORC § 119.03): Provide public notice of proposed rules
2. Hearing Requirements (ORC § 119.03(A)(2)): Hold public hearing if requested by 25+ persons
3. JCARR Review (ORC § 119.03(I)): Submit rules to Joint Committee on Agency Rule Review
4. CSI Review (ORC § 121.24): Submit business impact analysis for rules affecting businesses
5. Five-Year Review (ORC § 119.032): Review all rules every five years

3.4 Common Sense Initiative (CSI) Analysis

Under ORC § 121.24 and Executive Order 2011-01K, all rules affecting businesses must undergo Common Sense Initiative review. Key considerations include:

• Whether the rule duplicates, overlaps, or conflicts with other rules
• Whether the rule has an adverse impact on businesses
• Whether the rule provides flexibility for small businesses
• Whether the rule was adopted pursuant to statute

4. SUMMARY OF SUPPORT OR OPPOSITION

4.1 Overall Position

☐ Full Support: The commenter supports the proposed rule as drafted.

☐ Support with Modifications: The commenter supports the rule's objectives but requests specific modifications detailed in Section 5.

☐ Opposition: The commenter opposes the proposed rule for the reasons detailed in Section 5.

☐ Request for Clarification: The commenter requests clarification on specific provisions before taking a final position.

4.2 Position Statement

[Provide a clear, concise statement of your position - 1-2 paragraphs explaining why you support, oppose, or seek modifications to the proposed rule.]

5. DETAILED COMMENTS AND ANALYSIS

5.1 COMMENT #1: [SECTION/PROVISION REFERENCE]

Rule Provision: OAC [RULE NUMBER], Section [SECTION], Paragraph [PARAGRAPH]

Proposed Language:

"[QUOTE THE EXACT LANGUAGE FROM THE PROPOSED RULE]"

Position: ☐ Support ☐ Oppose ☐ Request Modification ☐ Request Clarification

Analysis:

[Provide detailed analysis of this provision, including:
- Why you support, oppose, or seek modification
- Technical, legal, or policy concerns
- Industry standards or best practices
- Comparison to other states' approaches
- Practical implementation challenges]

Supporting Evidence:

• [CITE STUDIES, DATA, OR EXPERT OPINIONS]
• [CITE INDUSTRY STANDARDS OR BEST PRACTICES]
• [CITE COMPARABLE RULES IN OTHER JURISDICTIONS]

Requested Change:

Current Language:

"[CURRENT/PROPOSED LANGUAGE]"

Recommended Language:

"[YOUR PROPOSED ALTERNATIVE LANGUAGE]"

Rationale for Change:
[Explain why your proposed language better achieves the rule's objectives or addresses your concerns.]

5.2 COMMENT #2: [SECTION/PROVISION REFERENCE]

Rule Provision: OAC [RULE NUMBER], Section [SECTION]

Position: ☐ Support ☐ Oppose ☐ Request Modification ☐ Request Clarification

Analysis:
[DETAILED ANALYSIS]

Requested Change:
[IF APPLICABLE]

5.3 COMMENT #3: [SECTION/PROVISION REFERENCE]

Rule Provision: OAC [RULE NUMBER], Section [SECTION]

Position: ☐ Support ☐ Oppose ☐ Request Modification ☐ Request Clarification

Analysis:
[DETAILED ANALYSIS]

Requested Change:
[IF APPLICABLE]

5.4 Additional Comments

[Add additional comment sections as needed, following the same format]

6. ECONOMIC IMPACT ANALYSIS

6.1 Compliance Costs

Under ORC § 121.24 (Common Sense Initiative), the agency must consider the economic impact of rules on businesses. We provide the following analysis:

One-Time Compliance Costs:

Ongoing Annual Compliance Costs:

6.2 Small Business Impact

Under ORC § 121.24 and the Common Sense Initiative, special consideration must be given to small businesses. [Provide analysis of disproportionate impact on small businesses, if any.]

Small Business Considerations:
- Number of Ohio small businesses affected: [NUMBER]
- Disproportionate impact analysis: [ANALYSIS]
- Recommended accommodations: [RECOMMENDATIONS]

6.3 Economic Benefits

[Acknowledge any economic benefits of the proposed rule and provide fair analysis.]

6.4 Net Economic Impact

Summary:
- Total One-Time Costs: $[AMOUNT]
- Total Annual Costs: $[AMOUNT]
- Total Annual Benefits: $[AMOUNT]
- Net Annual Impact: $[AMOUNT]

Conclusion: [State whether the economic analysis supports or undermines the proposed rule.]

7. LEGAL AUTHORITY AND COMPLIANCE ANALYSIS

7.1 Statutory Authorization

[Analyze whether the proposed rule is within the agency's statutory authority under ORC.]

Authority Analysis:
- Enabling Statute: ORC § [NUMBER]
- Scope of Authority: [DESCRIBE]
- Compliance Assessment: ☐ Within Authority ☐ Exceeds Authority ☐ Ambiguous

If Authority Concerns Exist:
[Explain how the proposed rule exceeds or conflicts with statutory authority.]

7.2 Consistency with Ohio Constitution

[If applicable, address any Ohio constitutional concerns.]

7.3 Consistency with Other Ohio Rules

[Analyze whether the proposed rule conflicts with, duplicates, or overlaps other Ohio rules.]

Related Rules:
- OAC [RULE NUMBER]: [CONFLICT/OVERLAP ANALYSIS]
- OAC [RULE NUMBER]: [CONFLICT/OVERLAP ANALYSIS]

7.4 Federal Preemption Analysis

[If applicable, analyze whether federal law preempts the proposed rule or requires certain state action.]

Federal Law Considerations:
- Applicable Federal Statute/Regulation: [CITATION]
- Preemption Analysis: [ANALYSIS]
- State Implementation Requirements: [IF APPLICABLE]

7.5 JCARR Review Considerations

Under ORC § 119.03(I), the Joint Committee on Agency Rule Review (JCARR) will review this rule. The following issues may be relevant to JCARR's analysis:

☐ Rule exceeds agency authority under statute
☐ Rule conflicts with legislative intent
☐ Rule conflicts with other rules
☐ Rule imposes unreasonable burden on regulated parties
☐ Rule fails to conform to ORC Chapter 119 procedures

8. ALTERNATIVE PROPOSALS

8.1 Alternative Approach #1: [TITLE]

Description:
[Describe an alternative regulatory approach that would achieve the agency's objectives while addressing your concerns.]

Benefits of Alternative:
- [BENEFIT 1]
- [BENEFIT 2]
- [BENEFIT 3]

Implementation Considerations:
[Discuss how this alternative could be implemented.]

8.2 Alternative Approach #2: [TITLE]

Description:
[DESCRIBE ALTERNATIVE]

Benefits of Alternative:
- [BENEFITS]

8.3 Phased Implementation

If the agency proceeds with the proposed rule, we request consideration of the following implementation timeline:

9. REQUEST FOR PUBLIC HEARING

9.1 Public Hearing Request

Under ORC § 119.03(A)(2), any person affected by a proposed rule may request a public hearing if the agency receives requests from 25 or more persons.

☐ The commenter hereby requests a public hearing on the proposed rule.

☐ The commenter does not request a public hearing at this time.

9.2 Hearing Topics

If a public hearing is held, the commenter wishes to address the following topics:

1. [TOPIC 1] - Estimated time: [MINUTES]
2. [TOPIC 2] - Estimated time: [MINUTES]
3. [TOPIC 3] - Estimated time: [MINUTES]

9.3 Witnesses

The commenter may present the following witnesses at a public hearing:

10. CONCLUSION AND SUMMARY OF REQUESTED CHANGES

10.1 Summary of Position

[Provide a final summary of your overall position - 1-2 paragraphs.]

10.2 Summary of Requested Changes

10.3 Offer to Collaborate

[COMMENTER NAME] is committed to working constructively with [AGENCY NAME] to develop workable regulations. We offer to:

☐ Meet with agency staff to discuss our comments
☐ Provide additional technical information upon request
☐ Participate in stakeholder workgroups
☐ Review draft revisions before final adoption
☐ Assist with implementation guidance development

Point of Contact for Further Discussion:

Name: [NAME]
Title: [TITLE]
Phone: [PHONE]
Email: [EMAIL]
Preferred Contact Method: [PHONE/EMAIL]

11. SUPPORTING DOCUMENTATION

The following documents are attached in support of this comment:

☐ Exhibit A: [DESCRIPTION - e.g., Economic Impact Study]
☐ Exhibit B: [DESCRIPTION - e.g., Technical Analysis]
☐ Exhibit C: [DESCRIPTION - e.g., Comparison to Other State Rules]
☐ Exhibit D: [DESCRIPTION - e.g., Expert Report or Affidavit]
☐ Exhibit E: [DESCRIPTION - e.g., Industry Standards Documentation]

12. SIGNATURE BLOCK

Respectfully submitted,

[COMMENTER NAME / ORGANIZATION]

By: _________________________________

Name: [SIGNATORY NAME]
Title: [TITLE]
Organization: [ORGANIZATION]
Address: [ADDRESS]
Phone: [PHONE]
Email: [EMAIL]

Date: [DATE]

APPENDIX A: OHIO RULEMAKING PROCESS OVERVIEW

Key Statutes and Resources

Ohio Revised Code:
- ORC Chapter 119 - Administrative Procedure Act
- ORC § 121.24 - Common Sense Initiative
- ORC § 119.032 - Five-Year Rule Review
- ORC § 119.03 - Adoption, Amendment, Rescission of Rules

Joint Committee on Agency Rule Review (JCARR):
- Website: https://www.jcarr.state.oh.us/
- Phone: (614) 466-4086
- Review timeline: Generally 65 days after filing

Common Sense Initiative (CSI):
- Lt. Governor's Office
- Business Impact Analysis requirements
- Small business flexibility requirements

Register of Ohio:
- Official publication of proposed and final rules
- https://www.registerofohio.state.oh.us/

Typical Ohio Rulemaking Timeline

APPENDIX B: REDLINE OF PROPOSED CHANGES

[If providing specific redline edits, include them here in a clear format showing deletions and additions.]

OAC [RULE NUMBER], Section [X]:

Current/Proposed Language:

"[ORIGINAL TEXT]"

Recommended Language (additions underlined, deletions struck through):

"[REVISED TEXT WITH REDLINE MARKUP]"

[// GUIDANCE:
1. Submit comments by the deadline in the notice - late comments may not be considered.
2. Send to the specific contact identified in the rulemaking notice.
3. Request confirmation of receipt if submitting electronically.
4. Follow agency-specific formatting requirements if any.
5. Consider joining with other stakeholders for coalition comments.
6. Track JCARR meeting agendas for rule consideration dates.
7. Monitor the agency's response to comments and any rule revisions.
8. If concerns are not addressed, consider testifying at JCARR or requesting legislative intervention.]