The common sense initiative office shall develop, and as it becomes necessary or advisable
shall improve, a business impact analysis instrument that shall be used as required
by law to evaluate draft and existing rules that might have an adverse impact on businesses. The instrument shall be in writing, and shall include the following:
(A) Standards that encourage agencies to propose draft rules, and to evaluate existing
rules, and proposed revisions thereto, in such a manner that the rules will be as
easy to understand as their subject matter permits;
(B) Performance measures that can be applied to evaluate the likely efficiency and
effectiveness of a draft or existing rule in achieving its regulatory objectives;
(C) Standards for evaluating alternative means of regulation that might reduce or
eliminate the adverse impact a draft or existing rule might have on businesses;
(D) Standards that will promote transparency, predictability, consistency, and flexibility
in the implementation and operation of a draft or existing rule, as well as an overall
balance in a draft or existing rule between its regulatory objectives and the costs
of compliance it imposes on regulated persons;
(E) Standards that require an agency to encourage businesses that might be adversely
impacted by a draft rule to participate in the rule-making process, beginning at the
earliest practicable stage, and that will encourage businesses that are or may be
adversely impacted by an existing rule to offer advice and assistance to the agency
when the existing rule is being implemented and administered; and
(F) Any other standards or measures, or any other criteria, the office concludes will
reduce or eliminate adverse impacts on businesses and foster improved regulation and
economic development in the state.
Alternative means of regulation include, and are not limited to, less stringent compliance
or reporting requirements, less stringent schedules or deadlines, consolidation or
simplification of requirements, establishment of performance standards to replace
operational standards, and exemption of businesses.
The instrument does not need to be adopted as a rule. The office shall publish the current instrument in the register of Ohio.
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