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ODPS Ohio Homeland Security - Small Business Regulatory Impact
Small Business Regulations
Ohio Homeland Security’s (OHS) mission is to analyze and share information, increase awareness, reduce vulnerabilities, and develop strategies in order to prevent, prepare for, and protect against acts of terrorism and other threats to public safety. OHS coordinates statewide resources and acts as the liaison between state agencies and local entities to enhance the security and protection of critical infrastructure and key assets in this state.
OHS impacts the small business environment through its previous authority under Sections 2909.32 through 2909.34 of the Revised Code (repealed in HB 487, 129th General Assembly) pertaining to declarations of material assistance to terrorist organizations and its current authority under Chapter 4737 of the Revised Code to oversee the registration of scrap metal and bulk merchandise container dealers, prescribe the content, format, and delivery of dealers’ daily transaction reports, and maintain a dealer registry available to law enforcement agencies.
Administrative rules amplify and implement provisions of the Ohio Revised Code and once adopted, have the full force and effect of law.
Rules Scheduled for Review
Pursuant to section 119.032 of the Ohio Revised Code, Ohio Homeland Security (OHS) is required to review each of its administrative rules every five years and decide if a rule should be rescinded, amended, or continued without change. During this process, OHS will determine if:
• OHS has the statutory authority to promulgate the rule;
• The rule duplicates or conflicts with statutes found in the Revised Code or other rules found in the Administrative Code;
• The rule has a specific purpose and an outcome that can be articulated;
• The rule can be applied consistently across all sizes and sectors of business and would not impede economic development;
• The rule is easy to understand;
• The rule is reasonably balanced between regulatory need and Ohioans' burden to comply; and
• The outlined process in the rule is the most efficient and cost-effective method to achieving the specific outcome.
The administrative rules in this section have been filed (proposed for adoption) with LSC and JCARR and may be scheduled for a public hearing. Public hearings provide another opportunity for interested persons, who may be affected by the proposed rules, to provide testimony or evidence to show that the rules would be unreasonable or unlawful if enacted.