Executive Order 2021-06D The Emergency Amendment of Rule 3304-2-52 of the Ohio Administrative Code by the Opportunities for Ohioans with Disabilities Agency

Executive Order

WHEREAS, the Opportunities for Ohioans with Disabilities Agency (OOD) is the designated state agency to provide vocational rehabilitation services to eligible individuals with disabilities; and

WHEREAS, OOD is required to establish a fee schedule for vocational rehabilitation services pursuant to section 3304.15(D) of the Revised Code; and

WHEREAS, OOD is providing the remote delivery of summer youth services to students with disabilities ages fourteen to twenty-one (14-21) to assist with exploring career interests through pre-employment transition services, as well as services to other individuals requiring the ability to use technology independently; and

WHEREAS, individuals with disabilities have a dramatic increased need for technological assistance and support for the remote provision of vocational rehabilitation services starting this summer and for OOD job ready candidates currently seeking employment; and

WHEREAS, OOD has determined there is an immediate need to provide technological support for remote access to vocational rehabilitation services that is not otherwise provided for in the existing fee schedule in Rule 3304-2-52 of the Ohio Administrative Code; and

WHEREAS, OOD has a need to amend the fee schedule to provide a technology service so that providers may assist individuals with disabilities to prevent any disruption in the delivery of vocational rehabilitation services; and

WHEREAS, Section 3304.15 of the Revised Code authorizes OOD to promulgate rules in accordance with Chapter 119 of the Revised Code for a fee schedule; and

WHEREAS, Section 119.03(G) of the Ohio Revised Code authorizes the Governor, on the request of a State agency, to suspend the normal rule making procedures with respect to specific rules when an emergency exists necessitating the immediate adoption, amendment, or rescission of such rules. When such a determination is made, the agency may immediately adopt, amend, or rescind such rules, but the rules are only valid for one hundred and twenty (120) days; and

WHEREAS, OOD has requested a determination whether an emergency exists that requires the amendment of the appendix to rule 3304-2-52 of the Ohio Administrative Code on an emergency basis and that would therefore permit OOD, pursuant to section 3304.15 of the Ohio Revised Code, to immediately amend this rule.

NOW THEREFORE, I, Mike DeWine, Governor of the State of Ohio, have determined, upon the request of OOD, that an emergency exists requiring the immediate amendment of the appendix to rule 3304-2-52 of the Ohio Administrative Code.

I hereby order that the procedures prescribed by Section 119.03 of the Ohio Revised Code with respect to the amendment of the specified rule be suspended and that OOD be permitted to amend the rule immediately by filing it electronically with the Secretary of State, the Director of the Legislative Service Commission, and the Joint Committee on Agency Rule Review ("JCARR").

Furthermore, I hereby order that this Executive Order be filed in electronic form with OOD, the Secretary of State, the Director of the Legislative Service Commission, and JCARR.

I signed this Executive Order on May 27, 2021, in Columbus, Ohio, and it will expire one hundred and twenty (120) days from the effective date of the emergency rule, or upon the adoption of the rule through the normal JCARR process, whichever is sooner.

Mike DeWine, Governor

ATTEST:

Frank LaRose, Secretary of State

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