; How to Withdraw a Proposed Rule from a Typical Package

ELECTRONIC RULE FILING                             Updated:  7/16/2003

 

How to Withdraw a Proposed Rule from a Typical Package

 

INDEX:

 

Introduction

Definitions

The Big Picture

Prepare Rules to be Withdrawn

            Deselect (Undo) a Prepared Rule

File Rules to be Withdrawn

 

 

INTRODUCTION:

 

This document describes the steps required to withdraw proposed (WDP) Typical 119 or 111 new, amended and/or rescinded rules filed in a package type "Typical."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."

 

The final filing of Typical 119 or 111 rules can also be withdrawn (WDF).  If you wish to withdraw rules that have been final filed but are not yet effective, please see the document "How to Withdraw a Final Filed Rule from a Typical 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:

 

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DEFINITIONS:

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 refiled or revised 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  Once a rule has been withdrawn, the rule-making agency may propose the rule again as an original rule filing.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)

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 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.   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.  Generally, however, final filed rules are withdrawn to correct an effective date or the next FYR date.   (Withdrawing the final filing is explained in the document "How to Withdraw a Final Filed Rule from a Typical Package.")

 

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THE BIG PICTURE:

 

There are two steps to withdrawing a proposed rule:  

            1.    Prepare the rules to be withdrawn and

            2.    File the rules to be withdrawn.

 

Before withdrawing a proposed rule, make sure that withdrawing is the action you wish to take.  For example, in a Typical package, you do not 'withdraw' a rule in order to revise or refile it (see 'Definitions' section above for more details).   Please call the ERF Help Desk if you have questions about withdrawing a rule.

 

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1.  PREPARE RULES TO BE WITHDRAWN 

 

 

A.     Open an internet browser and log on to https://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 Prop. Withdrawal' button.

 

If you do not see the 'Prepare Prop. Withdrawal' button, check the following:

-          Typical rules must have been originally filed before a withdraw can occur

 

E.  'Please Choose rules to Prepare for Withdraw' 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 Pending.'

 

 

NOTE:  You do not have to file the rules to be withdrawn at this time. The rules will remain 'pending' until you complete the filing as described in step 2. 

 

 

 

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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 Prop. Withdrawal' button.

§         'Please Choose rules to Prepare for Withdrawal' 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 pending' and will instead show the previous filing action.

 

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2.  FILE RULES TO BE WITHDRAWN

 

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' then select OK.

 

-    On the status screen:

§         A green checkmark ( ) means the document is ready to be filed.

§         A blue exclamation point ( ! ) indicates that a document was changed or uploaded and was not viewed.  Select cancel (2 times), open the rule, and print/view the document.

§         A red X in the status sheet indicates a required document is missing and you will not be permitted to file.   If you get a red X during a withdraw, please contact the ERF Help Desk.

 

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 filed the withdrawn 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) Choose 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. You can print the cover letter by selecting the printer button. 

 

-          To save a PDF copy of the cover letter, select the diskette button on 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 printing and/or saving as PDF, 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.

 

   Rules that were withdrawn will show a status of 'Withdrawn.'

 

J.   Click the History button to view detailed information about the filing.

 

 

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