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OHIO CHAMBER OF COMMERCE v. STATE EMERGENCY RESPONSE COMM.

No. 91-1507.

64 Ohio St.3d 619 (1992)

OHIO CHAMBER OF COMMERCE ET AL., APPELLEES, v. STATE EMERGENCY RESPONSE COMMISSION, APPELLANT.

Supreme Court of Ohio.

Decided September 9, 1992.

Attorney(s) appearing for the Case

Jones, Day, Reavis & Pogue, John W. Edwards, Steven T. Catlett and Donald B. Allegro, for appellees.

Lee I. Fisher, Attorney General, and Mary Kay Smith, for appellant.

Lee I. Fisher, Attorney General, and Tamara Squire Little, urging reversal for amicus curiae, Ohio Emergency Management Agency.

James E. Reuter, urging reversal for amicus curiae, Ohio Fire Chiefs' Association, Inc.

Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, urging reversal for amicus curiae, Ohio Association of Professional Fire Fighters.

DOUGLAS, J.

The question presented to this court is whether the commission exceeded its authority in adopting Ohio Adm.Code 3750-30-20(F)(4) and (H)(7). For the reasons which follow, we answer this question in the negative.

The controversy in this case involves R.C. 3750.02(B)(1), which provides that:

"(B) The commission shall:

"(1) Adopt rules in accordance with Chapter 119. of the Revised Code...

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