Ohio Revised Code

Ohio Rev. Code § 119.02 (2026)

Compliance - validity of rules

✓ current as of May 2026
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Every agency authorized by law to adopt, amend, or rescind rules shall comply with the procedure prescribed in sections 119.01 to 119.13, inclusive, of the Revised Code, for the adoption, amendment, or rescission of rules. Unless otherwise specifically provided by law, the failure of any agency to comply with such procedure shall invalidate any rule or amendment adopted, or the rescission of any rule.

Notes of Decisions
Cited in 35 cases (2 in the last 5 years), 1961–2024 · leading case: Clayton v. Ohio Bd. of Nursing (Slip Opinion), 2016 Ohio 643 (Ohio 2016).
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Clayton v. Ohio Bd. of Nursing (Slip Opinion), 2016 Ohio 643 (Ohio 2016). · cites it 3× “R.C. 119.02; R.C. 119.06 et seq. {¶ 29} For parties in Clayton’s position, an agency is required by R.”
Crawford-Cole v. Lucas Cnty. Dep't of Job & Fam. Servs., 2009 Ohio 1355 (Ohio 2009). · cites it 2× “The first part of the chapter, R.C. 119.02 to 119.04, deals with rulemaking and requires agencies to give public notice of proposed rules, R.”
State Med. Bd. v. Murray, 613 N.E.2d 636 (Ohio 1993). · cites it 2× “The court concluded that such failure invalidated the rule pursuant to R.C. 119.02. 3 Procedures for the adoption, amendment, or rescission of agency rules are set forth in R.”
Fairfield Cnty. Bd. of Commissioners v. Nally, 34 N.E.3d 873 (Ohio 2015). · cites it 2× “{¶ 25} R.C. 119.02 broadly states: Every agency authorized by law to adopt, amend, or rescind rules shall comply with the procedure prescribed in sections 119.”
Adams v. Testa (Slip Opinion), 2017 Ohio 8853 (Ohio 2017). “R.C. 119.02 requires that "[e]very agency authorized by law to adopt, amend, or rescind rules shall comply with the procedure prescribed in sections 119.”
In re Application of Alamo Solar I, L.L.C., 2023 Ohio 3778 (Ohio 2023). “01(C) (“ ‘Rule’ means any rule, regulation, or standard, having a general and uniform operation, adopted, promulgated, and enforced by any agency under the authority of the laws governing such agency”); R.C. 119.02 (“Every agency authorized by law to adopt, amend, or rescind…”
Cleveland v. Ohio Dep't of Mental Health, 618 N.E.2d 244 (Ohio Ct. App. 1992). · cites it 3× “The complaint alleged that the policy was invalid because it had not been properly promulgated pursuant to R.C. 119.02. The plaintiffs further asserted that the policy violated their civil rights.”
Gralewski v. Ohio Bureau of Workers' Comp., 855 N.E.2d 879 (Ohio Ct. App. 2006). “R.C. 119.02. A rule is defined as “any rule, regulation, or standard, having a general and uniform operation, adopted, promulgated, and enforced by any agency under the authority of the laws governing such agency.”
Hyde v. State Med. Bd., 515 N.E.2d 1015 (Ohio Ct. App. 1986). · cites it 2× “” The board’s policy requiring a medical school to be listed in the 1970 World Health Organization Directory was in fact never properly adopted pursuant to R.C. 119.02. The board had no authority to promulgate any rules relating to R.”
Condee v. Lindley, 465 N.E.2d 450 (Ohio 1984). “R.C. 119.02 provides: *93 “Every agency authorized by law to adopt, amend, or rescind rules shall comply with the procedure prescribed in sections 119.”
Ohio Nurses Ass'n v. State Bd. of Nursing Educ., 540 N.E.2d 1354 (Ohio 1989). “See R.C. 119.02. “Rule” is defined in R.C. 119.”
Ne. Ohio Reg'l Sewer Dist. v. Shank, 567 N.E.2d 993 (Ohio 1991). “The General Assembly has delegated this authority under the strict proviso that rulemaking agencies must follow the proper procedures: “Every agency authorized by law to adopt, amend, or rescind rules shall comply with the procedure prescribed in sections 119.”
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