Ohio Administrative Code (OAC) Rule Comments

Ohio Administrative Code (OAC) Rule Comments

The Ohio Department of Education staff drafts and edits administrative rules, which have not yet been formally proposed for adoption by the State Board of Education or the state superintendent. During the initial drafting of rules, every effort is made to solicit input from affected organizations and individuals.  Public comment opportunities are announced in EdConnection, the Department's weekly newsletter.  Subscribe to EdConnection to be notified when rules are posted for comment.  The Department may also send out additional e-notification alerts to interested parties. Rules may be posted through the lieutenant governor’s Common Sense Initiative office, if applicable. For rules that go through the Common Sense Initiative process, the review concludes with a formal report clearing the way for the Department to file the rules with the Joint Commission on Agency Rule Review or recommend further changes. If the Common Sense Initiative process does not apply, the rules are filed with the Joint Commission on Agency Rule Review.

The rules for review are listed below:

OAC 3301-24-30 Educator license validation in financial literacy instruction.

OAC 3301-47-01 Establishment of an education program for parents of truant students.

OAC 3301-20-01 Employment of individuals in positions that require a license and licensure of individuals with certain criminal convictions or other alternative dispositions.

OAC 3301-73-01 to 3301-73-27 Professional Conduct Educator Rules


 OAC 3301-24-30: Educator license validation in financial literacy instruction.

This proposed new rule is required under section 3319.238 of the Ohio Revised Code and outlines the requirements to obtain a licensure validation to teach financial literacy instruction.  This validation is available, by statute, to any educator holding a license issued under section 3319.22 or 3319.26 of the Revised Code, a permanent teaching certificate issued under former law or, for an individual at a chartered nonpublic school, a certificate issued under section 3301.071 of the Revised Code, who meets the requirements laid out in the rule.  These requirements include completing, or being exempted from, a district approved training and successfully completing a content area examination in the area of financial literacy. 
 

 

 OAC 3301-47-01: Establishment of an education program for parents of truant students.

This rule provides local boards of education recommendations for creating an educational program for parents of a truant student as established under Ohio Revised Code 3321.19 (B). The administrative code identifies topics to be addressed by the program, provides guidance for the program’s review and lists possible members of an education program committee established to create the program.
 


OAC 3301-20-01: Employment of individuals in positions that require a license and licensure of individuals with certain criminal convictions or other alternative dispositions.

This rule is currently under five-year rule review. It addresses the employability of educators with criminal convictions and sets rehabilitation standards required in Ohio Revised Code 3319.39. The language in this rule has been updated to reflect SB 9,134th GA’s rule to remove restrictive regulatory language and comply with Ohio Revised Code section 9.79.
 
OAC 3301-73-01 to 3301-73-27 Professional Conduct Educator Rules

OAC 3301-73-01: Applicability of rules.

This rule is currently under five-year rule review. It outlines how this set of rules are severable and does not limit the superintendent’s responsibilities and powers. The language in this rule has been updated to reflect SB 9,134th GA’s rule to remove restrictive regulatory language.
 
OAC 3301-73-02: Delegation.

This rule is currently under five-year rule review. It outlines the board’s delegation of responsibilities to the superintendent and how the superintendent can use wield those responsibilities with regards to educational licenses. The language in this rule has been updated to reflect SB 9,134th GA’s rule to remove restrictive regulatory language along with language changes to clarify the rule and include Ohio Revised Codes sections 9.79 and 3319.311.
 
OAC 3301-73-03: Definitions.

This rule is currently under five-year rule review. It is a glossary of definitions that pertain to this set of rules. The language in this rule has been updated to correct grammatical and spelling errors.
 
OAC 3301-73-04: Confidentiality of investigative records.

This rule is currently under five-year rule review. It outlines what are and what are not considered confidential records throughout an investigation. The language in this rule has been updated to reflect SB 9,134th GA’s rule to remove restrictive regulatory language and to provide ease and understandability to the reader.
 
OAC 3301-73-05:  Notice for opportunity for hearing; failure to request.

This rule is currently under five-year rule review. It outlines the processes for notices for opportunity for administrative hearings. The language in this rule has been updated to reflect SB 9,134th GA’s rule to remove restrictive regulatory language, to include Ohio Revised Code Section 9.79, to ensure educators are properly notified of investigations and actions, and to provide efficiencies to investigations.
 
OAC 3301-73-06: Filing.

This rule is currently under five-year rule review. It outlines steps to take to file requests and documents with the Department. The language in this rule has been updated to reflect SB 9,134th GA’s rule to remove restrictive regulatory language, to provide ease of filing for all parties by including electronic filing, to provide clarity, and to better align with current standard practices.
 
OAC 3301-73-07: Interventions.

This rule is currently under five-year rule review. It outlines that petitions to intervene are not permitted. The language in this rule has been updated to reflect SB 9,134th GA’s rule to remove restrictive regulatory language.
 
OAC 3301-73-08: Notice of date, time and place of hearing.

This rule is currently under five-year rule review. It outlines where and how administrative hearings are held along with what is required for the notice of date, time, and place to a party. The language in this rule has been updated to reflect SB 9,134th GA’s rule to remove restrictive regulatory language, to include all and further Ohio Revised Code Chapter 119. provisions, to provide cost savings and efficiencies by including virtual administrative hearings, and to provide a consistent standard for virtual administrative hearings.
 
OAC 3301-73-09: Authority and duties of hearing officers.

This rule is currently under five-year rule review. It outlines the authority and duties of hearing officers. The language in this rule has been updated to reflect SB 9,134th GA’s rule to remove restrictive regulatory language, to provide clarity to the reader, to encourage participation in the administrative hearing process, and to provide ease and efficiency in high profile cases.
 
OAC 3301-73-10: Continuance of hearing.

This rule is currently under five-year rule review. It outlines the steps needed to continue an administrative hearing for a party. The language in this rule has been updated to reflect SB 9,134th GA’s rule to remove restrictive regulatory language.
 
OAC 3301-73-11: Motions.

This rule is currently under five-year rule review.  It outlines the process for filing, responding, and ruling on motions associated with an administrative hearing. The language in this rule has been updated to reflect SB 9,134th GA’s rule to remove restrictive regulatory language.
 
OAC 3301-73-12: Pre-hearing conferences; status conferences.

This rule is currently under five-year rule review. It outlines the purpose of prehearing and status conferences associated with an administrative hearing as well as the hearing officer’s responsibilities. The language in this rule has been updated to reflect SB 9,134th GA’s rule to remove restrictive regulatory language.
 
OAC 3301-73-13: Subpoenas.

This rule is currently under five-year rule review. It outlines the process to request a subpoena associated with an administrative hearing and their limitations. The language in this rule has been updated to reflect SB 9,134th GA’s rule to remove restrictive regulatory language and to provide clarity regarding the Departments confidential records.
 
OAC 3301-73-14:  Depositions in lieu of testimony, prior testimony, and testimony by electronic means at a hearing.​

This rule is currently under five-year rule review. It outlines the process by which testimony is obtained in an administrative hearing. The language in this rule has been updated to reflect SB 9,134th GA’s rule to remove restrictive regulatory language and to ease restrictions on electronic testimony. 
 
OAC  3301-73-15: Stipulations by parties.

This rule is currently under five-year rule review. It allows for stipulations in an administrative hearing and provides standards for those stipulations. This rule has no proposed changes. 
 
OAC 3301-73-16: Witnesses.

This rule is currently under five-year rule review. It outlines the standards and procedures for witness testimony during an administrative hearing. The language in this rule has been updated to reflect SB 9,134th GA’s rule to remove restrictive regulatory language and to ease restrictions on electronic testimony.
   
OAC 3301-73-17: Certified records.

This rule is currently under five-year rule review. It provides for self-authenticating certified records. The language in this rule has been updated to reflect SB 9,134th GA’s rule to remove restrictive regulatory language and to correct a spelling error. 
 
OAC 3301-73-18: Evidence.

This rule is currently under five-year rule review. It addresses the applicability of the Ohio Rules of Evidence in an administrative hearing. This rule has no proposed changes. 
 
OAC 3301-73-19: Transcripts.

This rule is currently under five-year rule review. It addresses requirement and procedures associated with a transcript for an administrative hearing. The language in this rule has been updated to reflect SB 9,134th GA’s rule to remove restrictive regulatory language and to provide for the electronic storage of administrative hearing transcripts.
 
OAC 3301-73-20: Reports and recommendations.

This rule is currently under five-year rule review. This rule outlines timeframe requirements and procedural review by the state board of the reports and recommendations. The language in this rule has been updated to reflect SB 9, 134th GA's rule to remove restrictive regulatory language, to extend filing timeframes in alignment with other state agencies, to allow electronic reports, and to consolidate and clarify language previously included in OAC 3301-73-27.
 
OAC 3301-73-21: Conduct unbecoming; aggravating and mitigating factors.

This rule is currently under five-year rule review. It outlines factors used in determining conduct unbecoming before final action by the state board. The language in this rule has been updated to reflect SB 9, 134th GA's rule to remove the restrictive regulatory language, streamline and clarify language in accordance with Ohio Revised Code 3319.31and include applicable Ohio Revised Code section 9.79 factors for first-time applicants.
 
OAC 3301-73-22: Suspension, revocation, permanent revocation and admonishment.

This rule is currently under five-year rule review. It outlines possible disciplinary actions for Ohio educators and due process rights under Chapter 119. of the Revised Code. The language in this rule has been updated to reflect SB 9, 134th GA’s rule to remove restrictive regulatory language, and to remove notarization requirements for a Letter of Admonishment.
 
OAC 3301-73-23: Consent agreements.

This rule is currently under five-year rule review. It outlines the requirements for consent agreements between respondents and the state board. The language in this rule has been updated to reflect SB 9, 134th GA’s rule to remove restrictive regulatory language, and to clarify that consent agreements may apply to a pending application.
 
OAC 3301-73-24: Application after disciplinary action.

This rule is currently under five-year rule review. It outlines the review process for an application submitted after prior disciplinary action by the state board. The language in this rule has been updated to reflect SB 9, 134th GA’s rule to remove restrictive regulatory language, and to remove absolute bar language in accordance with Ohio Revised Code section 9.79.
 
OAC 3301-73-25 Automatic revocation or denial.

This rule is currently under five-year rule review. It outlines the process for automatic revocation or denial of licenses in accordance with Ohio Revised Code section 3319.31 and applicable notice requirements to the respondent. The language in this rule has been updated to reflect SB 9, 134th GA’s rule to remove restrictive regulatory language, to streamline mailing procedures for consistency, and improve efficiency of notifications.
 
OAC 3301-73-26: Action after appeal of conviction.

This rule is currently under five-year rule review. It outlines the procedure for license reinstatement when a criminal case has been overturned and the professional disciplinary action was based on the prior criminal disposition. The language in this rule has been updated to reflect SB 9, 134th GA’s rule to remove restrictive regulatory language, and to remove language in compliance with Ohio Revised Code section 9.79.
 
OAC 3301-73-27: Time limits and the computation of time.

This rule is currently under five-year rule review. It outlines steps to file written requests, applicable timeframe requirements and extension procedures. The language in this rule has been updated to reflect SB 9, 134th GA’s rule to remove restrictive regulatory language, duplicative language addressed in previous rules, and to provide clarity through title revision reflective of these changes.
   
  • Comment deadline: February 8, 2023














 

Last Modified: 1/29/2023 11:21:15 PM