Ohio’s Common Sense Initiative

CSI Introduction and Context

The Common Sense Initiative (CSI) is a program within the executive branch of Ohio’s government aimed at streamlining and simplifying the regulatory environment for business. It was created in 2011 to make Ohio a jobs and business-friendly state. CSI works towards this goal by reviewing administrative regulatory policies, engaging business industry experts, and serving as advocates for business.

The legislative branch has the power to write laws. However, the legislature delegates rulemaking authority to the executive branch. 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. Once enacted, these rules and regulations become a part of Ohio Law. CSI is just one step in the rulemaking process.

When the administration writes new regulations, CSI submits recommendations to the General Assembly’s Joint Committee on Agency Rule Review (JCARR). For more on JCARR and rulemaking in Ohio, click here. CSI also reviews existing rules and works to eliminate unnecessary burdens, streamline regulations, and simplify language.

In short, CSI is an administrative office that ensures administrative rules are not unjustly harmful to business.

CSI Mission and Goals

CSI’s main goals indicate their four-pronged approach for common-sense rules:

Regulations should facilitate economic growth
Regulations should be transparent and responsive
Compliance should be easy and inexpensive
Regulations should be fair and consistent

What is an “Adverse Impact”?

CSI ensures that regulatory rules that adversely impact business have a common-sense justification.

The Ohio Revised Code defines “adverse impact” as a rule that: “(A) requires a license, permit, or any other prior authorization to engage in or operate a line of business; (B) imposes a criminal penalty, a civil penalty, or another sanction, or creates a cause of action, for failure to comply with its terms; (C) requires specific expenditures or the report of information as a condition of compliance; or (D) would be likely to directly reduce the revenue or increase the expenses of the lines of business to which it will apply or applies.”

CSI Review Timeline

State agencies typically hold a public comment period when proposing new rules. Then, they are required to submit proposed rules to CSI along with a Business Impact Analysis.

CSI will review the Business Impact Analysis and post the rule for comments from business stakeholders. Comments can be offered on pending rules by emailing CSIPublicComments@governor.ohio.gov. CSI will work with interested parties and the agency to evaluate if the rule can be made more business-friendly and ensure that the economic harm is justifiable on common-sense grounds.

CSI will give the agency recommendations that the agency usually implements before they submit a rule to JCARR. JCARR can recommend a rule be invalidated if the agency has failed to demonstrate that the rule’s intent justifies an adverse impact on business.

Resources

Businesses and citizens can participate in the rulemaking process by contacting state agencies, CSI, or lawmakers. You can sign up for CSI eNotifications to receive alerts on selected topics when related rules are being drafted and proposed.