Guide to Public Participation In the Rule Making Process

This guide is published to educate and assist members of the public who participate, or who may wish to participate, in the Board's rule-making process. For a complete copy of the Board's rules regarding public meetings and hearings and the rule making process, you may access the Board's laws and rules on our website at www.chirobd.ohio.gov.

RULE MAKING AUTHORITY
The Board must formulate rules to govern its actions and adopt rules governing the practice of chiropractic per ORC §4734.10. Rules adopted under Chapter 4734 must be according to the procedures of ORC §119.

MEETINGS OF THE BOARD
Parties interested in receiving advance notification of regular, special, and emergency meetings of the board must notify the board in writing of their interest, pay an annual fee of $10.00 and designate in writing the preferred method of notification. Requests to enter into discussion with the Board during a meeting should be made in writing in advance to the Director and should state the nature of the business to be discussed. The scheduling of such discussion will be at the discretion of the Board President. All proposed rules, amendments, or rescissions are discussed in open session at regularly scheduled Board meetings. All meetings of the Board are open to the public. All correspondence addressed to the Board is reviewed at its next regularly scheduled meeting.

JOINT COMMITTEE ON AGENCY RULE REVIEW (JCARR)
All rules actions must be filed with JCARR for review by JCARR staff to ensure that the following criteria are met:

• The rule does not exceed the scope of the agency's statutory authority.
• The rule does not conflict with a rule of the agency or another agency.
• The rule is consistent with the intent of the General Assembly in enacting the statute under which the agency proposed the rule.
• The agency has prepared a complete and accurate
  Rule Summary and Fiscal Analysis" of the proposed rule.

JCARR will hold a meeting to review the rules under consideration. This meeting is the final opportunity for the public to provide comments about the rules. The comments before JCARR can only address the four issues that are within JCARR's jurisdiction.

PUBLIC RULES HEARINGS
Prior to adopting, amending or rescinding a rule, the board must make public notice of said action in the Register of Ohio and on its website, and to all requestors. A reasonable effort must also be made to inform those affected by the proposed action. The full text of all proposed rules will be available at the board's office at least thirty days prior to the date of the public rules hearing. The rules hearing notice must include:

• A statement of the board's intention to consider adopting, amending, or rescinding a rule;
• A synopsis of the proposed rule, amendment, or rule to be rescinded, or a general statement of the subject matter to which the proposed rule, amendment, or rescission relates;
• A statement of the reason or purpose for adopting, amending, or rescinding the rule;
• The date, time and place of the public hearing on said proposed action.

The board may assess a reasonable fee, not to exceed the cost of copying and mailing, for notices and copies of proposed actions sent to persons requesting said information.

On the date, time and place designated, the board will conduct a public hearing on the proposed rules action. The hearing may be held by or before the full board, a designated board member, or an attorney hearing examiner. Any person affected by the proposed action may:

• Appear and be heard in person, by the person's attorney, or both;
• Present their positions, arguments, or contentions, orally or in writing;
• Offer and examine witnesses;
• Present evidence tending to show that the proposed action, if adopted or effectuated, would be unreasonable or unlawful.

The testimony at the hearing must be recorded at the expense of the board. The board may permit persons affected by the proposed action to present their positions, arguments, or contentions in writing, for a reasonable period before, after, or both before and after the hearing. A person who presents their position or arguments or contentions in writing before or after the hearing is not required to appear at the hearing. Upon closure of the hearing record, the board will thoroughly review and consider all testimony. The board may make changes to a rule based on testimony received. If the board refiles a rule, a second public hearing notice is not required unless the change in the rule makes the rule inconsistent with the public hearing notice provided with the original rule filing.

RULES ADOPTION
After complying with the filing provisions of ORC §119, and when the time for legislative review and invalidation has expired, the Board may issue an order adopting the proposed rule or the proposed amendment or rescission of the rule, consistent with the synopsis or general statement included in the public notice. At that time, the Board must designate the effective date of the rule, amendment, or rescission, which cannot be earlier than the tenth day after the rule, amendment, or rescission has been filed in its final form.

FIVE YEAR RULE REVIEW
The board will review each of its rules every five years to determine whether to continue without change, amend, or rescind each rule in accordance with ORC §119.032. Prior to the scheduled review date of a rule, the board shall review the rule to determine whether:

The rule should be continued without amendment, be amended, or be rescinded, taking into consideration the purpose, scope, and intent of the statute under which the rule was adopted;

• The rule needs to be amended or rescinded to give more flexibility at the local level;
• The rule needs to be amended or rescinded to eliminate unnecessary paperwork;
• The rule duplicates, overlaps, or conflicts with other statutes or rules.

In reviewing each of its rules the board will consider the continued need for the rule, the nature of any complaints received concerning the rule, and any relevant factors that may have changed in the subject matter affected by the rule. On or before the designated review date, the board will file with the Joint Committee on Agency Rule Review, the Legislative Service Commission and the Secretary of State the fully reviewed rule. Public notice of any amendment or rescission of a reviewed rule and hearing incident thereto will be in accordance with ORC §119 and OAC Chapter 4734-02.