Ohio § 101.35

§ 101.35.

There is hereby created in the general assembly the joint committee on agency rule

review.  The committee shall consist of five members of the house of representatives and

five members of the senate.  Within fifteen days after the commencement of the first regular session of each

general assembly, the speaker of the house of representatives shall appoint the members

of the committee from the house of representatives, and the president of the senate

shall appoint the members of the committee from the senate.  Not more than three of the members from each house shall be of the same political

party.  The speaker of the house shall appoint a house chairperson from among the house

members of the committee, and the president of the senate shall appoint a senate chairperson

from among the senate members of the committee.  During the first regular session of a general assembly, the committee shall meet

at the call of the house chairperson, and the house chairperson shall conduct each

meeting.  During the second regular session of a general assembly, the committee shall meet

at the call of the senate chairperson, and the senate chairperson shall conduct each

meeting.  If the chairperson responsible for calling and conducting committee meetings is

absent or otherwise temporarily unable to perform the chairperson's duties, the other

chairperson shall act as a substitute.  The chairpersons and members of the committee shall serve until their respective

successors are appointed or until they are no longer members of the general assembly.  When a vacancy occurs among the officers or members of the committee, it shall be

filled in the same manner as the original appointment. Notwithstanding section 101.26 of the Revised Code , the members, when engaged in their duties as members of the committee on days when

there is not a voting session of the member's house of the general assembly, shall

be paid at the per diem rate of one hundred fifty dollars, and their necessary traveling

expenses, which shall be paid from the funds appropriated for the payment of expenses

of legislative committees. The committee has the same powers as other standing or select committees of the general

assembly.  Six members constitute a quorum.  The concurrence of six members is required for the recommendation of a concurrent

resolution invalidating a proposed rule under section 106.021 of the Revised Code .  The concurrence of seven members is required for the recommendation of a concurrent

resolution invalidating an existing rule under section 106.031 of the Revised Code . When a member of the committee is absent, the president or speaker, as the case may

be, may designate a substitute from the same house and political party as the absent

member.  The substitute shall serve on the committee in the member's absence, and is entitled

to perform the duties of a member of the committee.  For serving on the committee, the substitute shall be paid the same per diem and

necessary traveling expenses as the substitute would be entitled to receive if the

substitute were a member of the committee. The president or speaker shall inform the executive director of the committee of a

substitution.  If the executive director learns of a substitution sufficiently in advance of the

meeting of the committee the substitute is to attend, the executive director shall

publish notice of the substitution on the internet, make reasonable effort to inform

of the substitution persons who are known to the executive director to be interested

in rules that are scheduled for review at the meeting, and inform of the substitution

persons who inquire of the executive director concerning the meeting. The committee may meet during periods in which the general assembly has adjourned. At meetings of the committee, the committee may request an agency, as defined in section 106.01 of the Revised Code , to provide information relative to the agency's implementation of its statutory

authority. A member of the committee, and the executive director and staff of the committee,

are entitled in their official capacities to attend, but not in their official capacities

to participate in, a public hearing conducted by an agency on a proposed rule. The executive director serves at the pleasure of the president and speaker by mutual

consensus.  The executive director may employ such technical, professional, and clerical employees

as are necessary to carry out the powers and administrative duties of the committee.