Joint Committee on Agency Rule Review (JCARR)

Joint Committee on Agency Rule Review (JCARR)

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Rulemaking in Ohio

The legislative branch (the General Assembly) has the power to write laws that are codified in the Ohio Revised Code. However, the legislature delegates authority to the executive branch to create rules, which are compiled in the Ohio Administrative Code. A rule is a written statement of law adopted by an administrative agency pursuant to authority granted by the General Assembly to carry out the policies and intent of a statute enacted by the General Assembly. The regulatory rules the administration creates must go through a process to be enacted, including receiving legislative approval through the Joint Committee on Agency Rule Review (JCARR). Once enacted, these rules and regulations become a part of Ohio Law.

JCARR Mission and Goals

Even though rulemaking authority is delegated to the executive branch, legislative oversight is maintained over rules. This happens through the Joint Committee on Agency Rule Review (JCARR). JCARR is comprised of 10 members of the legislature– five State Representatives and five State Senators- who review proposed new, amended, and rescinded rules from over 100 agencies to ensure they do not exceed the rule-making authority granted to them by the General Assembly. JCARR doesn’t approve or disapprove rules per se, but can make the recommendation to the General Assembly to invalidate whole or partial rules on the following grounds, commonly referred to as “prongs”:

  • The rule exceeds the scope of the agency’s statutory authority;
  • The rule conflicts with the legislative intent of the statute under which it is proposed;
  • The rule conflicts with another proposed or existing rule;
  • The rule incorporates a text or other material by reference and either the citation does not reasonably make the material readily available without charge or the agency incorrectly determined under division (B) of ORC 121.75 that the material was exempt from statutory requirements governing incorporation by reference (ORC 121.71 to 121.74);
  • The agency has failed to prepare a complete and accurate rule summary and fiscal analysis of the rule as required by ORC 106.024;
  • If the rule has an adverse impact on business (ORC 107.52), the agency has failed to demonstrate through the business impact analysis, recommendations from the Common Sense Initiative office, and the agency’s memorandum of response, that the regulatory intent of the rule justifies its adverse impact on business;
  • If the agency is subject to ORC 121.95, 121.951, 121.952, and 121.953, the agency has failed to justify the proposed adoption, amendment, or rescission of a rule containing a regulatory restriction; or
  • The rule implements a federal law or rule in a manner that is more stringent or burdensome than the federal law or rule requires.

Mainly, JCARR ensures that proposed rules comply with legislative intent, do not exceed an agency’s authority, and do not contradict other rules.

How Do I Track Rules or Follow JCARR?

JCARR usually meets on a Monday once to twice a month in Statehouse Hearing Room 121, the William McKinley Room. You can also watch the committee live and view past recordings on the Ohio Channel. You can view meeting dates, agendas, minutes, and testimony here.

You can track specific rules throughout the rulemaking process on RuleWatch Ohio.

You can present testimony to JCARR on specific rules. Unlike legislative testimony which can discuss content, testimony to JCARR will only be successful if it clearly elucidates why the rule violates a “prong” of JCARR.

Rulemaking Timeline

Rules usually follow the requirements set forth under Ohio Revised Code (ORC) 111.15 or under ORC 119.03. Some rules are processed using exceptions like emergency rule filings. Most rules are subject to the requirements set forth in ORC 119, and the timeline below reflects those rule requirements. The main difference is that ORC 111 rules do not require a public hearing.

Drafting the Rule: A state agency identifies the need for a new rule, an amendment, or a rescission of an existing rule and drafts rule language.

Internal Review and Analysis: The draft rule goes through an internal review, which includes a legal and impact analysis. If the rule adversely affects Ohio businesses, the agency submits a Business Impact Analysis to the Common Sense Initiative (CSI) Office. For a guide to CSI, click here.

Public Notice and Comment Period: Generally, agencies have to provide public notice of the rule, typically posted on the Register of Ohio. A public comment period is opened, allowing stakeholders to share their opinions and suggestions. The comment period is usually at least 30 days.

Filing with JCARR: The agency files the rule with JCARR, which has 65 days to review the rule.

Public Hearing: The agency often holds a public hearing where interested parties can offer testimony about the proposed rule. This hearing typically takes place within the JCARR review period.

JCARR Review: JCARR evaluates the rule based on the testimony, comments, and provided documents. Testimony presented to JCARR may not discuss the policy of the rule, only the aspects of the rule that violate JCARR’s “prongs.” JCARR approves the rule or recommends the rule be invalidated.

Final Adoption and Implementation: If JCARR approves or takes no action within the review period, the agency can finalize the rule, which requires filing it in an online system and noting an effective date at least 10 days after filing.

Review and Re-evaluation: Ohio law requires agencies to review administrative rules every five years, which usually results in submission to JCARR as a “no-change” rule.

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