Rules

The Ohio Housing Finance Agency (OHFA) is committed to providing transparency in the administration of its programs and rule making process.

The process will typically begin with a rules workshop at which stakeholders and the public can learn more about the rule review process, the rule updates that OHFA would like to make, and have collaborative dialogue regarding the rules that are pending review.

After the workshop concludes, OHFA staff prepares proposed rules for written comment and public hearing. This provides interested parties the opportunity to comment on the proposed changes. Prior to the rules being posted to the OHFA website and the public hearing, OHFA completes a review of the rules to determine if there is an adverse impact on business. If there is an adverse impact, the Business Impact Analysis form is posted on the OHFA rules website, and submitted to the Common Sense Initiative for review.

At the conclusion of the comment period, OHFA staff evaluates the comments and determines if any adjustments to the proposed rules need to be made. The OHFA staff then presents the comments received, as well as the rule changes to the OHFA Board for input and approval of the new proposed rules. Once approved by the Board, it directs staff to file the rules with the Joint Committee on Agency Rule Review (JCARR).

Rules filed with JCARR

Once new rules or changes to existing rules are approved by the OHFA Board, the proposed rules are filed for review with JCARR, the Legislative Service Commission (LSC), and the Secretary of State (SOS). Proposed rules which have been filed by the OHFA are available from the Register of Ohio. LSC reviews the proposed rules for compliance with its drafting standards.

Once the rules are filed with JCARR, the following is an outline of the typical process:

1. JCARR jurisdiction lasts 65 days from the date of original filing or 30 days from the date of refiling.
2. OHFA holds an additional public hearing on the proposed rules not earlier than the 31st day nor later than the 40th day after filing with the SOS and LSC.
3. OHFA prepares a hearing report summarizing the comments and explains how or if these issues have been addressed in the proposed rule.
4. Sixty-six (66) days after filing the proposed rule, if the time for JCARR's legislative review has expired, the agency may adopt the proposed rule and file it in final form. OHFA assigns an effective date which cannot be less than 10 days from the date of final filing.

Pursuant to ORC 106.021, JCARR reviews proposed new, amended and rescinded rules to ensure that:

1. The rules do not exceed the scope of the OHFA's statutory authority.
2. The rules do not conflict with the OHFA's existing rules or those of another rule-making agency.
3. The rules do not conflict with the intent of the legislature in enacting the statute under which the rule is proposed.
4. OHFA has submitted a complete and accurate summary and fiscal analysis of the proposed rule, amendment or rescission as required by ORC 106.024.
5. The rule incorporates text or other material by reference and either the citation does not reasonably make the material readily available without charge or the agency incorrectly determined under division (B) of ORC 121.75 that the material was exempt from statutory requirements governing incorporation by reference ORC 121.71-121.74.
6. OHFA has demonstrated through the business impact analysis, recommendations from the Common Sense Initiative office, and the memorandum of response that the regulatory intent of the proposed rule or revised proposed rule justifies its adverse impact on businesses in this state, if any.
7. The proposed rule or revised proposed rule implements a federal law or rule in a manner that is more stringent or burdensome than the federal law or rule requires.