Ohio § 101.63

§ 101.63.

(A)(1) Not later than the first day of March in the odd-numbered year during which an occupational

licensing board is scheduled to be triggered to expire the following even-numbered

year under section 101.62 of the Revised Code , the speaker of the house of representatives shall direct a standing committee of

the house of representatives to hold hearings to receive the testimony of the public

and of the chief executive officer of the board, and otherwise to review, consider,

and evaluate the usefulness, performance, and effectiveness of the board.  Not later than the fifteenth day of November of that same odd-numbered year, the

standing committee shall prepare and publish a report of its findings and recommendations

in accordance with section 101.65 of the Revised Code .  If the standing committee's report includes a bill, the house of representatives

shall consider that bill for passage by the thirty-first day of December of that same

odd-numbered year. (2) Not later than the first day of March in the even-numbered year during which an occupational

licensing board is scheduled to be triggered to expire under section 101.62 of the Revised Code , the president of the senate shall direct a standing committee of the senate to hold

hearings to receive testimony of the public and of the chief executive officer of

the board, and otherwise to review, consider, and evaluate the usefulness, performance,

and effectiveness of the board and any bill considered by the house of representatives

related to the expiration of that board.  Not later than the fifteenth day of November of that same even-numbered year, the

standing committee shall prepare and publish a report of its findings and recommendations

in accordance with section 101.65 of the Revised Code .  If the standing committee's report includes a bill, the senate shall consider that

bill for passage by the thirty-first day of December of that same even-numbered year. (3) The president of the senate and the speaker of the house of representatives may,

in the same manner as described in divisions (A)(1) and (2) of this section, direct

a standing committee to review an occupational licensing board for which the director

of the legislative service commission, under section 103.27 of the Revised Code , has performed a review. (4) The president of the senate and the speaker of the house of representatives shall

direct standing committees to review approximately thirty-three per cent of the occupational

licensing boards each biennium.  All occupational licensing boards shall be reviewed over a six-year period including

calendar years 2019 through 2024, and also during each subsequent six-year period. (B) Each occupational licensing board that is scheduled to be reviewed by a standing

committee shall submit to the standing committee a report that contains all of the

following information: (1) The board's primary purpose and its various goals and objectives; (2) The board's past and anticipated workload, the number of staff required to complete

that workload, and the board's total number of staff; (3) The board's past and anticipated budgets and its sources of funding; (4) The number of members of its governing board or other governing entity and their

compensation, if any. (C) Each board shall have the burden of demonstrating to the standing committee a public

need for its continued existence.  In determining whether a board has demonstrated that need, the standing committee

shall consider, as relevant, all of the following: (1) Whether or not continuation of the board is necessary to protect the health, safety,

or welfare of the public, and if so, whether or not the board's authority is narrowly

tailored to protect against present, recognizable, and significant harms to the health,

safety, or welfare of the public; (2) Whether or not the public could be protected or served in an alternate or less restrictive

manner; (3) Whether or not the board serves a specific private interest; (4) Whether or not rules adopted by the board are consistent with the legislative mandate

of the board as expressed in the statutes that created and empowered the board; (5) The extent to which the board's jurisdiction and programs overlap or duplicate those

of other boards, the extent to which the board coordinates with those other boards,

and the extent to which the board's programs could be consolidated with the programs

of other state departments or boards; (6) How many other states regulate the occupation, whether a license is required to engage

in the occupation in other states, whether the initial licensing and license renewal

requirements for the occupation are substantially equivalent in every state, and the

amount of regulation exercised by the board compared to the regulation, if any, in

other states; (7) The extent to which significant changes in the board's rules could prevent an individual

licensed in this state from practicing, or allow an individual licensed in this state

to practice, the same occupation in another jurisdiction without obtaining an occupational

license for that occupation in that other jurisdiction; (8) Whether the board recognizes national uniform licensure requirements for the occupation; (9) Whether or not private contractors could be used, in an effective and efficient manner,

either to assist the board in the performance of its duties or to perform these duties

instead of the board; (10) Whether or not the operation of the board has inhibited economic growth, reduced

efficiency, or increased the cost of government; (11) An assessment of the authority of the board regarding fees, inspections, enforcement,

and penalties; (12) The extent to which the board has permitted qualified applicants to serve the public; (13) The extent to which the board has permitted individuals to practice elements of the

occupation without a license; (14) The cost-effectiveness of the board in terms of number of employees, services rendered,

and administrative costs incurred, both past and present; (15) Whether or not the board's operation has been impeded or enhanced by existing statutes

and procedures and by budgetary, resource, and personnel practices; (16) Whether the board has recommended statutory changes to the general assembly that

would benefit the public as opposed to the persons regulated by the board, if any,

and whether its recommendations and other policies have been adopted and implemented; (17) Whether the board has required any persons it regulates to report to it the impact

of board rules and decisions on the public as they affect service costs and service

delivery; (18) Whether persons regulated by the board, if any, have been required to assess problems

in their business operations that affect the public; (19) Whether the board has encouraged public participation in its rule-making and decision-making; (20) The efficiency with which formal public complaints filed with the board have been

processed to completion; (21) Whether the purpose for which the board was created has been fulfilled, has changed,

or no longer exists; (22) Whether federal law requires that the board be renewed in some form; (23) An assessment of the administrative hearing process of a board if the board has an

administrative hearing process, and whether or not the hearing process is consistent

with due process rights; (24) Whether the requirement for the occupational license is consistent with the policies

expressed in section 4798.02 of the Revised Code , serves a meaningful, defined public interest, and provides the least restrictive

form of regulation that adequately protects the public interest; (25) The extent to which licensing ensures that practitioners have occupational skill

sets or competencies that are substantially related to protecting consumers from present,

significant, and substantiated harms that threaten public health, safety, or welfare,

and the impact that those criteria have on applicants for a license, particularly

those with moderate or low incomes, seeking to enter the occupation or profession; (26) The extent to which the requirement for the occupational license stimulates or restricts

competition, affects consumer choice, and affects the cost of services; (27) An assessment of whether or not changes are needed in the enabling laws of the board

in order for it to comply with the criteria suggested by the considerations listed

in division (C) of this section; (28) Beginning with reviews commencing on or after January 1, 2027, whether the number

of board members is appropriate based on the board's workload and the number of occupational

licenses issued by the board. For division (C) of this section, a government regulatory requirement protects or

serves the public interest if it provides protection from present, significant, and

substantiated harms to the health, safety, or welfare of the public. (D) The legislative service commission shall provide staff services to a standing committee

performing its duties under this section and section 101.65 of the Revised Code .