Ohio Administrative Code
Title 3745 - Ohio Environmental Protection Agency
Chapter 3745-49 - Miscellaneous Rules
Section 3745-49-04 - Public notice of rules
Current through all regulations passed and filed through September 16, 2024
(A) Not later than thirty days prior to the date set for a public hearing to consider adopting, amending, or rescinding a rule, public notice shall be published in the register of Ohio in accordance with section 119.03 of the Revised Code and in the Ohio EPA "Weekly Review." The public notice shall consist of a general statement of the subject matter of the proposed rule, amendment, or rule to be rescinded by the agency and the date, time, and place of the public meeting on the proposed rule.
(B) Not later than ten days prior to the effective date of the adoption, amendment, or rescission of a rule, public notice shall be published in the register of Ohio in accordance with the requirements in section 119.03 of the Revised Code and in the Ohio EPA "Weekly Review," except when the governor, pursuant to division (F) of section 119.03 of the Revised Code, declares an emergency allowing for the immediate adoption, amendment, or rescission of a rule. In such case, the public notice shall be published as expeditiously as practicable following the adoption, amendment, or rescission of an emergency rule in the register of Ohio and in the Ohio EPA "Weekly Review."
(C) The agency may take such additional steps as reasonable to inform interested persons of the time, date, and place of the public meeting and the subject matter of the proposed rule. However, the failure to give notice by any means other than specified in paragraphs (A) and (B) of this rule shall not invalidate any action which may be taken by the agency.
(D) Copies of the full text of the rule that was proposed to be adopted, amended, or rescinded shall be available prior to the effective date of such rule for any person who wishes to obtain a copy from the agency. However, the failure to furnish such copies to any person shall not invalidate any action of the agency in connection therewith.
(E) Any action that adopts, amends, or rescinds a rule is not subject to rules 3745-49-05 to 3745-49-08 of the Administrative Code.
Replaces: 3745-49-01
Five Year Review (FYR) Dates:
10/2/2018 and
10/02/2023
Promulgated
Under: 119.03
Statutory Authority: 6111.041, 6111.03, 6109.04,
3753.02, 3752.03, 3751.02, 3746.04, 3745.01, 3734.74, 3734.73, 3734.72,
3734.71, 3734.70, 3734.12, 3734.021, 3734.02, 3714.02, 3704.03
Rule
Amplifies: 3704.08(A). 3734.12(G), 6111.05(B), 6111.05(A), 3751.04,
3745.01
Prior Effective Dates: 02/16/1975, 08/24/1981, 11/09/1984,
12/01/2001, 04/02/2012