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The Rule-Making Process

 

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Section 4901.13 of the Ohio Revised Code (RC) empowers the Commission to adopt and publish rules to govern proceedings and regulate the mode and manner of any valuations, tests, audits, inspections, investigations, and hearings relating to parties before the PUCO. Rules which have been adopted by the Commission and approved by the Joint Committee on Agency Rule Review (JCARR) are codified in the Ohio Administrative Code. Pursuant to RC 111.15106.03, and 106.031, the Commission is required to review each of its rules every five years.

New & Pending Rule Changes (ORD & BRO Cases):

Proposals for new rules or modifications to existing rules are usually initiated by the Commission in rule-making proceedings designated with the "ORD" case purpose code (or "BRO purpose code for Power Siting Board cases). Generally, the Commission's staff will propose rule changes via a Commission entry giving interested parties the opportunity to comment on the proposed changes. If comments are received, reply comments are usually also permitted. After all comments and replies have been considered, the Commission will usually issue an order adopting the proposed rules and directing that the rules be filed with JCARR as further described below. Proposed changes may be further modified if any party files for rehearing pursuant to RC 4903.10 and Rule 4901-1-35, or appeals to the Ohio Supreme Court under RC 4903.13 and Rule 4901-1-36

  • ORD & BRO Case List: This page lists all ORD & BRO cases in the PUCO Docketing Information System
  • Rule-Making Timeline: This file shows the minimum time periods required for the PUCO rule-making process.

Proposed Rules adopted by the Commission and filed with JCARR:

Once new rules or changes to existing rules are approved by the Commission, the proposed rules are filed for review with JCARR, the Legislative Service Commission (LSC), and the Secretary of State pursuant to RC 111.15. Proposed rules which have been electronically filed by the PUCO are generally available for public access at the Register of Ohio website.

LSC reviews the proposed rules for compliance with the LSC Rules Drafting Manual, pursuant to RC 103.05. JCARR reviews proposed new, amended, and rescinded rules in accordance with RC 106.02106.021106.03, and 106.031, to ensure that: 

1. The rules do not exceed the scope of the Commission's statutory authority. 
2. The rules do not conflict with the PUCO's existing rules or those of another rule-making agency.
3. The rules do not conflict with the intent of the legislature in enacting the statute under which the rule is proposed. 
4. The PUCO has submitted a complete and accurate summary and fiscal analysis of the proposed rule, amendment, or rescission pursuant to RC 127.18.
5. The PUCO has demonstrated through the business impact analysis, recommendations from the common sense initiative office, and the memorandum of response that the regulatory intent of the proposed rule or revised proposed rule justifies its adverse impact on businesses in this state.

The effective date of a rule is determined by two different factors: 

1. the date on which the rule leaves JCARR jurisdiction (which generally lasts 65 days from the date of original filing or 30 days from the date of refiling) and 
2. the date on which the agency files the rule in final form with JCARR, LSC and the Secretary Of State. 

The PUCO assigns an effective date which cannot be less than (but may be more than) 10 days from the date of final filing, pursuant to RC 111.15(B). JCARR's website provides a procedures manual and a filing date calculator to assist in determining the effective date for rules. 

Go to the PUCO Rules Home Page