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Chapter 113: Administrative Rules
Section 113.01: Definitions
As used in Chapter 113 of the Cuyahoga County Code:A. “County Entity” or “County entity” includes the County and any County office, department, agency, board, commission, committee, or other County authority established by or pursuant to the Charter of Cuyahoga County, the Ohio Constitution, or Ohio law.
B. “Rule” or “rule” means any official and legally binding county rule, policy, or regulation. It does not include internal day-to-day operational or such other managerial rule, policy, or other directive within a county entity.
(Ordinance No. O2014-0032, Enacted 1/27/2015, Effective 1/29/2015)
Section 113.02: Adoption of Rules
County entities may adopt, amend, rescind, and administer rules on matters within their respective jurisdictions, as established by the County Charter, this Code, or general law, in accordance with the following procedures:
A. A county entity seeking to adopt, amend, or rescind a rule shall submit a request, including the specific language of the rule, to the Clerk of the Administrative Rules Board in accordance with the procedures and deadlines established by the Board for such submissions.
B. The Clerk of the Administrative Rules Board shall publish notice of the request, including the language of the rule, on its web site. The notice shall include the following:
- The contact information at which written commentary regarding the requested action may be submitted to the requesting county entity;
- A notice that any party seeking to submit any written commentary shall also provide a copy of its written commentary to the Clerk of the Board;
- Based on the type of proposed rule, the deadline pursuant to the Board’s Rules of Procedure, by which written public commentary may be submitted; and
- Notice that any person may also appear at a Board meeting and provide verbal commentary during the public comment period at the beginning of the Board meeting.
C. Upon expiration of the public comment period outlined in paragraph B, the Clerk shall place the request on the Administrative Rules Board’s agenda for consideration.
D. Each request shall be read at two regular meetings of the Administrative Rules Board before being approved by the Board. The Board may waive the two-reading requirement by a vote of four members of the Board.
E. The County Entity submitting the request shall send a duly authorized representative, who is familiar with its request, to attend the Board meetings when its rule is being considered to present the request and answer any questions from the Board about the request.
F. If a County Entity receives commentary or Board feedback on the merits or language of its rule and it deems it appropriate to revise its rule based on such commentary or feedback, the County Entity may revise its rule while it is being considered by the Board by notifying the Board of such revisions.
G. In ruling on the request to approve a rule, the Administrative Rules Board shall determine (1) whether the requesting entity has the authority to adopt, amend, or rescind the rule and (2) whether the proposed rule conflicts with the County Code. If the Board determines that the proposed rule may properly be adopted as an administrative rule, policy, or regulation and that it does not conflict with the County Code, the Board shall approve the rule. The Board may provide feedback and revision suggestions to the County Entity while it considers the rule, but the Board’s vote on approval or denial of the rule shall be based solely on the legality of the rule and whether it conflicts with the County Code.
H. Any proposed rules approved by the Administrative Rules Board shall go into immediate effect, be legally binding, and be published in the Cuyahoga County Administrative Code.
I. Notwithstanding any other provision of this Code, in lieu of submitting its rules to the Administrative Rules Board, the Administrative Rules of the Personnel Review Commission shall be submitted to the Council to ensure that a proposed rule is in accordance with the human resources policies established by this Code, as required by Charter § 9.02(4). The specific language of a proposed rule shall clearly identify any new rule and/or any modification, addition, or deletion of an existing rule, and shall be submitted to the Clerk of Council. Unless extended by a formal resolution of Council, the Council shall have not more than sixty (60) days following the submission of the proposed rule(s) to determine whether the proposed rule(s) is/are in accordance with the human resources policies established by this Code. A proposed rule shall not take effect prior to the expiration of the 60-day review period established by this section unless Council approves the rule(s) prior to the expiration of that review period. If Council determines that a proposed rule is in accordance with the human resources policies established in this Code, the Personnel Review Commission shall submit the proposed rule to the clerk of the Administrative Rules Board for codification in the Administrative Code. If Council determines that a proposed rule or any provision of a proposed rule is not in accordance with the human resources policies established by this Code, Council may declare such proposed rule or provision inapplicable to county employees or appointing authorities. Any proposed rule or provision declared inapplicable shall not be codified in the Administrative Code.
(Ordinance Nos. O2015-0010, Enacted 12/8/2015, Effective 12/10/2015; O2014-0032, Enacted 1/27/2015, Effective 1/29/2015)
Section 113.03: County Administrative Code
The Clerk of the Administrative Rules Board shall officially publish the Cuyahoga County Administrative Code and shall continually update the Administrative Code in an expeditious manner as approved by the Director of Law. The Administrative Code shall include all rules approved by the Board. The Clerk of the Board, with the approval of the Director of Law, may make such changes to the Administrative Code, including the numbers, titles and arrangement of articles and sections, as well as correction of typographical errors, but no such change shall affect the substance or meaning of rules published in the Administrative Code.(Ordinance No. O2014-0032, Enacted 1/27/2015, Effective 1/29/2015)
Section 113.04: Supremacy of the County Code
Should any conflict exist between this Code and the Administrative Code, this Code shall govern.(Ordinance No. O2014-0032, Enacted 1/27/2015, Effective 1/29/2015)
Section 113.05: Executive's Authority
Nothing in Chapter 113 is intended to interfere with the Executive’s administrative powers under the Charter and his or her authority to issue directives or executive orders, as approved by the Director of Law. Executive orders shall be electronically filed with the Clerk of Council and the Clerk of the Administrative Rules Board and published on the County’s web site.(Ordinance No. O2014-0032, Enacted 1/27/2015, Effective 1/29/2015)
Section 113.06: Emergency Authority
In the event of an emergency, as declared by the County Executive, the County Executive may through the issuance of an Executive Order suspend and/or override the operations of any rule adopted pursuant to this Chapter for a period not to exceed 120 days.(Ordinance No. O2014-0032, Enacted 1/27/2015, Effective 1/29/2015)
Section 113.07: Transition Period
Any rules that were properly and legally adopted by a County entity prior to the enactment of Chapter 113 shall survive until February 28, 2015, but they shall be null and void thereafter. The Clerk of the Administrative Rules Board shall work with county entities to ensure that they are aware of this expiration date and the need to submit all such rules to the Administrative Rules Board’s consideration and approval for publication into the County Administrative Code.(Ordinance No. O2014-0032, Enacted 1/27/2015, Effective 1/29/2015)