Introduction
Prepare
Rules to be Withdrawn Final
Deselect
(Undo) a Prepared Rule
File
Rules to be Withdrawn Final
INTRODUCTION:
This document describes
the steps required to withdraw the final filing of a new, amended, or rescinded
rule, 119 or 111, that was filed in the package type 'Typical.' If you wish
to withdraw rules from other package types, please see the document "How
to Withdraw a Rule from a No Change, Internal Management, School or Special
Package."
This document assumes you
are using Internet Explorer (IE) version 6.0 to access the Electronic Rule
Filing (ERF) website. If you are using a different version of Internet
Explorer, or are using Netscape, you may notice minor differences when
attempting to perform some functions as described in this document.
Additional information regarding the preparation and filing of rules can be
found at these locations:
Withdraw Final (WDF): If a Typical
119 or 111 rule has been final filed but has not become effective, the
rule-making agency may withdraw the final filing of the
rule. Withdrawing a final filing returns the rule to its
status prior to the final filing. If the agency does not wish to make any
substantive changes to the rule, but needs to correct an effective date or next
FYR date, the rule can be filed again in final form. If more substantive
changes need to be made to the rule once the final filing has been withdrawn,
the agency can elect to refile the rule which can incur additional days of
JCARR jurisdiction. In order to remove a rule from the JCARR process, a
WDF must be followed by a Withdraw Proposed (WDP). Please see the document
"How to Withdraw a Proposed Rule from a Typical Package." Generally, however, final filed
rules are withdrawn to correct an effective date or the next FYR date.
A Revised Rule is a rule that
is modified no more than 35 days after the original filing of that rule. The
filing of a revised rule does not extend the 65-day review period (JCARR
jurisdiction). The revised rule
supersedes each earlier version of the rule filed with JCARR for review.
A Refiled Rule is a rule that is modified more than 35 days after the original filing and prior to being filed in final form. The rule may or may not be within JCARR's jurisdiction at the time of refiling. Once a rule is refiled, JCARR has jurisdiction over the rule for 30 days from the date the rule is refiled. The refiled rule supersedes all earlier versions of the rule that have not been filed in final form. Refiled rules cannot be adopted in final form until the 30-day review period has ended; refiled rules can be filed in final form on or after the 30th day.
Withdraw Proposed (WDP): In a
Typical Package, a rule-making agency can withdraw a proposed rule, thus
removing the rule from JCARR consideration. This is known as Withdraw Proposed.
Withdrawal of a revised or refiled rule withdraws all previous rule filings of
that rule number in the package. Once a
rule has been withdrawn, the rule-making agency may propose the rule again as
an original rule filing. (See
the JCARR procedures manual for details http://www.jcarr.state.oh.us/man_intro.cfm)
There are two steps to
withdrawing a final filed rule:
1. Prepare the rules to be withdrawn
and
2. File the rules to be withdrawn.
Before withdrawing the
final filing of a rule, make sure that withdrawing is the action you wish to
take. Please call the ERF Help Desk if you have questions about
withdrawing the final filing of a rule.
1. PREPARE RULES TO
BE WITHDRAWN
A.
Open an internet browser and log on to http://erf.registerofohio.state.oh.us/. Log in with the username and
password with filing privileges (provided to you by your agency's authorized
contact).
B.
Select
'View Packages in Progress.' DO NOT CREATE A NEW
PACKAGE TO WITHDRAW.
C. Select 'open'
next to the package that contains the rule(s) to be withdrawn.
D. Select the 'Prepare
Final Withdrawal' button.
If you do not
see the 'Prepare Final Withdrawal' button, check the following:
-
Typical rules
must have been Final Filed before a Withdraw Final can occur.
-
The effective
date cannot have passed. (The WDF must be submitted on a date prior to the
effective date that was entered during the Final filing.)
E. 'Please Choose rules to Prepare for
Withdraw Final' will appear. Select the
checkbox to the left of each rule to be withdrawn and select OK.
F. You will be back at the main package
content screen.
The
status of the rules you selected will now appear as 'Withdrawal Final Pending.'
NOTE: You do not have to file the rules to be
withdrawn at this time. The rules will remain 'pending' until you execute the
filing as described in step 2. However, the withdrawal action will no longer be
possible once the effective date has passed.
DESELECT (UNDO)
A PREPARED RULE:
If you selected a rule to be withdrawn and later decide you do not wish to withdraw that rule, you can deselect the rule.
§
Select the
'Prepare Final Withdrawal' button.
§
'Please
Choose rules to Prepare for Withdraw Final' will appear. Deselect (remove the check from) the
checkbox to the left of each rule you do not wish to withdraw at this time.
§
Select
OK.
The status of
the rule will no longer show 'Withdrawal Final Pending' and will instead show
"Final Filed."
A. Select the red FILE button. If you do *not* see the red FILE button:
-
You
must be at the main package content screen.
If you are not at the main package content screen, select the package
name link in the green field in the upper right corner.
-
You must be logged in to the
website with a username and password which has 'file' privileges. You will not see the file button if you are
logged in with an 'edit' username and password.
-
You must be authorized
to file a package. Contact your
agency's authorized contact to find out if you have filing privileges.
-
You must prepare the
rules to be withdrawn. (See Step 1
above.)
-
Filings can be
submitted only between 8 a.m. -5 p.m. Monday - Friday, excluding state
holidays.
B. You will be asked to 'Please Choose an
Action Type to File.'
C. Select 'Withdraw Final'. Then
select OK. On the
status screen, green checkmarks should appear for all documents that have been
filed.
D. Select the checkbox beside each rule
you want to withdraw, then select OK.
E. You will now be at the signature page and
will see the following text: 'By
pressing the Ok button below you are officially making this filing with LSC,
and when appropriate, JCARR and the Secretary of State. If you are here in
error, please click the Cancel button.'
- Enter your agency PIN number. If you do not know the PIN, contact your
agency's authorized contact.
- DOUBLE CHECK the information on this screen before
you click OK. When you click OK, you have filed.
- Click OK.
You have withdrawn the final filing of the rules.
F.
A confirmation screen will appear and an
electronic confirmation of your filing is immediately sent to the following
agencies as applicable for this filing:
JCARR, LSC, Secretary of State, Department of Development - Office of
Small Business, and/or Ohio Department
of Aging.
G. (Optional)
Click the Print the Cover Letter for this filing link to print a copy of
the cover letter stating that you have withdrawn rules. (Note: This cover letter serves as a
confirmation of your electronic filing. However, the E-rule filing notice email
message you receive upon successful execution of a filing contains a
confirmation number that is just as valuable, if not more so, as the cover
letter. The confirmation numbers should be kept on file in an agency's
records.)
-
Adobe Reader will open a window. Print
the cover letter by clicking on the printer button.
- To save a PDF copy of the cover letter, click
the diskette button in the Adobe Acrobat toolbar. The 'Save a Copy' dialog box will appear. Note the name that Acrobat gives your file
in the Object name field. You can
change this file name to reflect the rule number and type of document you are
saving.
-
Browse to the folder where you want to
save your PDF and select 'Save.'
-
After saving the PDF file, close this window by selecting File, Close.
H.
Select OK to complete the filing process and close the
confirmation screen.
I. You will now be back at the main package
screen.
The rules that were
withdrawn will show a status of 'Withdrawn Final.'
J. Click the History button to view detailed
information about the filing.