(A)

(1) Sections 121.71 to 121.74 of the Revised Code do not apply to the incorporation by reference into a rule of any of the following :

(a) A section of the Revised Code;

(b) An uncodified statute of this state;

(c) An act of this state in the Laws of Ohio;

(d) A rule in the Administrative Code;

(e) A rule in the Monthly Record; or

(f) A rule in the Register of Ohio.

(2) Sections 121.71 to 121.74 of the Revised Code do not apply to the incorporation by reference into a rule of any of the following:

(a) A section of the United States Code;

(b) An uncodified federal statute appended as a legislative note to a section in the United States Code;

(c) A federal act in the Statutes at Large;

(d) A federal regulation in the Code of Federal Regulations; or

(e) A federal regulation in the Federal Register.

An agency that incorporates a text by reference into a rule under division (A)(2) of this section shall specify the date of the text that is being incorporated by reference.

(B) Sections 121.71 to 121.74 of the Revised Code do not apply to the incorporation by reference into a rule of a text or other material insofar as the text or other material has any of the following characteristics:

(1) It addresses the internal management of an agency;

(2) It obtains or maintains authorization of a federally delegated program in this state;

(3) It addresses or provides for the receipt of federal funds by the state under a federally funded program;

(4) It is a form to be filled out or a digital application into which data is entered to fill out a form or its equivalent, but only if the form or application merely collects information and does not establish principles of law or policy;

(5) It states or restates federal legislative or administrative conclusions, such as interest rates or poverty levels, that are readily ascertainable from reliable sources, and that are not reasonably susceptible to state legislative or administrative variation;

(6) It states or restates generally accepted commercial, industrial, building, fire, plumbing, electrical, safety, or other codes or standards that are readily available to or ascertainable by the persons the standards are likely to affect; or

(7) It is copyrighted text or other material with regard to which permission to use has been obtained.

Amended by 132nd General Assembly File No. TBD, SB 221, §1, eff. 8/18/2019.

Effective Date: 09-17-2002.