State Representatives Jamie Callender and Mike Dovilla introduced House Bill 775 on Mar. 27, aiming to reduce the discretionary rulemaking power of Ohio state agencies. The proposed legislation seeks to remove broad or ‘catch all’ provisions in current law that allow agencies to create rules beyond the specific intent of the legislature.
The issue centers on how some laws grant agencies wide latitude in setting rules, sometimes enabling them to expand their regulatory reach without returning for legislative approval. Supporters say the bill would ensure that only clearly defined statutory authority is used when making new regulations, increasing legislative oversight and reducing what they see as executive overreach.
According to the sponsors, many existing statutes give agencies nearly unlimited power in crafting rules. For example, Ohio Revised Code Section 3711.12 allows the Director of Health not only to adopt specified rules regarding maternity homes but also any other rule deemed necessary for implementation. This has led some agencies to exceed what was originally intended by lawmakers.
House Bill 775 proposes a five-year review process requiring each agency, during its scheduled rule review period, to determine whether its rules are based on specific or discretionary authority. Agencies would then need either to eliminate unnecessary regulatory burdens or clearly justify their statutory basis for each rule.
“During my tenure in the Legislature, I have seen countless examples of state agencies taking advantage of the discretion given to them in legislation to go beyond what was envisioned by bill sponsors,” said Rep. Callender. “Through House Bill 775, the Legislature is reasserting its authority as the branch tasked with writing the laws of the land and taking steps to undo cases of executive overreach.”
“Our form of government is based on the consent of the governed and effected through the people’s elected representatives, not unelected bureaucrats,” said Rep. Dovilla. “This legislation takes one more important step toward the restoration of government by the residents of Ohio and the elected officials in the Legislature who are responsible to them.”
The bill has been assigned to the House General Government Committee and is awaiting its first hearing.
