INDEX - Click on
topic below to jump directly to related section.
Steps for
Preparing an Emergency Rule Filing
Step 7 -
Log on to ERF website
Step 9 -
Assign Rule Numbers and Titles
Step 10 -
Fill out online questions
Step 12 -
Review contents of package
Step 13 - 119.03 only - Request an Executive Order (Governor's
Approval)
Governor's Approval of Executive Order
Denial of Request for Executive Order
Step 14 -
111.15 only - Reason for emergency filing (upload Additional Communication)
Step 15 -
119.03 - Upload Additional Communication - OPTIONAL
Step 16 -
FILE the package and print cover letter
Step 17 -
View filing in History and print copies or save as PDF for your records
Steps 1 through 6 of
preparing an Emergency Filing are nearly identical to the steps for preparing
an Original Filing. Therefore, this
document will refer you to the "How to Prepare an Original Filing"
document for details on Steps 1 through 6.
***********
Software versions: This document describes the steps required for
preparing an Emergency Rule Filing using:
If you are using a different
version of RAS, Internet Explorer, Adobe Reader, 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:
Familiarity with JCARR rule filing
procedures and LSC rule-drafting guidelines is highly recommended before using
the Electronic Rule Filing system.
Attending the Rule Authoring Software and Electronic Rule Filing classes
is also highly recommended.
Emergency Rule: A rule
which is adopted by means of an abbreviated process and is effective
immediately upon filing. Emergency rules are valid for 90 days unless the
Governor extends the emergency for an additional 60 days pursuant to Am. Sub.
S.B. 33 of the120th General Assembly.
RSFA
-
Rule Summary and Fiscal Analysis. A
form that must accompany each rule that is subject to JCARR review.
ERF - Electronic
Rule Filing. The system and website
used to electronically file rules.
RAS
-
Rule Authoring Software. The software
used to create XML files used when electronically filing rules.
PDF - Portable Document Format; a file format developed by
Adobe. Using Adobe's free Adobe Reader
software (which can be installed on most computers), anyone receiving a PDF
file, regardless of operating system or computer type, can open and read a PDF
file. For more information on PDFs,
visit this link: http://desktoppub.about.com/cs/pdf/index.htm
XML - EXtensible Markup
Language. Documents created in XML are easy to transmit and
share across the web, which is what the Electronic Rule System requires since it
is a web-based application. The Rule
Authoring software allows filers to create rule bodies and other filing
documents in XML format so these files can be transmitted across the web.
About Emergency Rules:
While emergency rules must be filed with JCARR, this is only a
notification filing and the substance of the rules will not be reviewed. One
copy of the emergency rule and one copy of the executive order (119 emergency
rules) or one copy of the "reason for the emergency" letter (111.15
emergency rules) shall be filed with JCARR when such copies are filed with the
Secretary of State and LSC. Neither a 111.15 emergency rule nor a 119 emergency
rule may be refiled on an emergency basis so that, upon the emergency rule
becoming invalid, the emergency rule continues in effect without interruption
for another 90 day time period
Executive Order (119): A copy of the executive order,
for 119 emergency rules, shall be filed with JCARR. Agencies cannot file the
119 emergency rule until the executive order is filed with JCARR, LSC and the
Secretary of State. Since the rule attached to the executive order is
considered an exhibit, a letter must accompany all 119 emergency rules stating
that the rule filed is an exact copy of the rule attached to the executive
order.
"Reason for the emergency" letter (111.15): A letter stating the reason for the
emergency must accompany the 111 filing.
This letter is uploaded using the 'Additional Communications' function. The letter must be in PDF format. Step 14 explains this procedure in
detail.
An
emergency rule becomes invalid at the end of the 90th day it is in
effect unless the rule-making agency has adopted such rules as
"non-emergency" rules through the regular rule-making procedures for
adopting rules. In addition, the Governor may extend an emergency rule for an
additional 60 days if JCARR has ordered an agency to revise a rule summary and
fiscal analysis and refile the "non-emergency" rule pursuant to the
provisions established by Amended Substitute Senate Bill 33 of the 120th
General Assembly. This provision only applies to rules that have a fiscal
impact on school districts, counties, townships, or municipal corporations.
Only one Effective
Date per package: You can only enter one Effective Date for each group
of rules being filed. If the rules you
wish to file have different Effective Dates, you will need to create separate
package for each date.
For
example, if you have 10 rules, 5 of which you wish to file with an Effective
Date of 10/10/2003 and 5 of which you wish to file with an Effective Date of
3/3/2004, you would have to create 2 packages
- one for each effective date.
No Corrections after Filing: PLEASE NOTE that the ERF system does NOT allow for
changes to be made to documents, online questions, or dates after you have
filed the Emergency rules. If you
discover an error after the filing, you may have to Emergency Rescind the
filing and start over with a new package.
Therefore, it is very
important that you double check all documents, dates, and rule supplemental
information (history trail) for accuracy BEFORE you complete the filing.
STEPS
FOR PREPARING AN EMERGENCY RULE FILING:
Steps 1 -6 of preparing an
Emergency Filing are nearly identical to the steps for preparing an Original
Filing. Please see the "How to Prepare an Original
Filing" document for details on steps 1-6.
An Emergency filing
differs from an Original filing in that you must:
Make your package type "Emergency"
119.03 rules - Request an Executive Order
119.03 rules - Wait for Executive Order
approval before filing
111.15 rules - Use 'Add'l Communications' to
upload
reason for filing emergency
These and other minor
differences are noted below.
See the "How to
Prepare an Original Filing" document for details on steps 1-6.
1)
Purchase (or access) the Rule Authoring Software.
2)
Request Rule Preparation from LSC.
3)
Download prepared Amend or Rescind rules.
4)
In RAS, Create or Edit a Rule Body and other forms.
5)
In RAS, Make final corrections.
6)
In RAS, Save documents as XML..
7)
Log in to ERF website.
·
Open an internet browser and log on to https://erf.registerofohio.state.oh.us. Use the username and password that were
provided to you by your agency's ERF authorized contact.
·
Some agencies have a different log in and password for each
division. You must use the appropriate
log in for the division for which you are filing. If you are not sure which password to use, contact your agency's
ERF authorized contact.
·
Read the 'What's New..' link on the home page for important
updates.
8) Create New
Package.
If you are filing several emergency rules at once, you do
not have to create a new package for each rule.
All amend, rescind and new rules can go in a single
package.
Recommended package size is no more than 25 rules.
ORC 119 and 111 rules may NOT be contained within the same
package.
·
Select "Create a New Package." If applicable, select a division from the
dropdown box.
·
Enter a package name.
You can enter any package name you wish because this information is for
your reference only.
·
Select the statute "promulgated under."
·
If you are not sure which statute to choose, do not proceed!
You
cannot change the statute once you leave this screen. If you file the rules with an incorrect statute, you will have to
recreate the entire package.
·
Select package type Emergency.
·
Select Create.
9) Assign
Rule Numbers and Rule Titles.
Rule numbers are
assigned from the main package content/package management screen.
Each rule
number must be assigned (added) to package separately.
·
Select the 'Assign Rule' button.
·
When entering the rule number, leave the 'Div#' field empty if
your agency does not have a division number.
·
Do NOT put a zero in front of the agency, division or
chapter number.
·
Select the rule type (amendment, new, rescission) and select
OK.
·
For 119 Rules, the status will now show "Need's
Governor's Approval."
·
For 111 Rules, the status will now show "Emergency
Pending."
10) Fill out
online questions.
·
On the main package content screen, select open next to a rule.
The Online Data and Supplemental Questions form (Form 1) will open.
·
Fill out all required information and select OK to save. (You will not be permitted to save the form
until all required information has been supplied.)
11) Upload
Rule Body.
·
At the main package content screen, select open next
to a rule. You should be at the rule content
screen that shows the list of documents needed for this rule.
·
Select upload
next to Rule Body and answer the copyright questions.
·
Select 'Browse' and navigate to the location of your saved
RAS XML files.
·
Locate the file you want to upload and click on the file
name. Make sure you select the correct
XML version of the rule and the correct TYPE of rule.
·
Select 'Open' when you have located the correct file. Then select OK.
·
To view what you have uploaded, click on print/view. Adobe Reader will open a window and you
can view the uploaded document.
·
The document will have a "DRAFT-NOT FOR FILING"
header. This header appears on all documents prior to the completion of the
filing.
·
After viewing the document, close the Adobe window by
selecting File, Close.
12) Review
contents of package.
·
From the main package content screen,
select the green Status button on the left.
A screen will appear showing the list of documents required for this
filing.
·
Documents required for your filing are
indicated with a green checkmark, red X, or blue exclamation point.
X - this document is required and has not yet
been uploaded.
! - document has been
uploaded but has not yet been
viewed (each document must be viewed prior to filing)
[- document is ready
for filing
TO EDIT A DOCUMENT ONCE IT IS IN A PACKAGE:
A document that has already been uploaded
cannot be edited from within the website by selecting print/view. (Note: Rule supplemental information can be
modified via the online question forms.)
To edit an error
in an XML Document: If
you find an error in Rule body (or other XML document) text you will have to
retrieve the document from the website or locate the original XML you
uploaded. Open the document in the Rule
Authoring Software, make the changes, then save as XML file. Then, you'll go back to the website, open
the rule, and use the replace function to upload the corrected XML.
To edit an error
in a PDF Document: If you find an error in any document that was uploaded as a PDF,
you will need to retrieve the document from the website or locate the original
PDF you uploaded. Next, you will need
to make corrections to the PDF in the software your agency is using to create
PDFs. Then, you'll go back to the
website, open the package and/or rule, and use the replace function to
upload the corrected PDF.
View documents
carefully! If you discover errors
*after* the original filing, you may have to revise, refile or withdraw the
filing.
13) 119.03 - Request an Executive Order (Governor's Approval).
(Note:You
will not request Governor's approval for 111 emergency rules.)
·
From the main package
content screen, select the green button on the left labeled "Request Executive
Order".
·
A status screen will
appear showing the rules and documents included in this filing.
·
A red X in the status sheet indicates a
required document is missing and you will not be permitted to file. A blue exclamation point (!) indicates that
you uploaded a document but did not view it. If you see either of these marks,
select
'Cancel' and add or view the required forms before proceeding.
·
Select OK. You will see the following message: By pressing the Ok
button below you are officially requesting an Executive Order from the
Governor. If you are here in error, please click the Cancel button.
·
Click OK. Your request has been sent to the Governor's
office.
·
You will now be back to
the main package content screen.
·
The status of the rules
will now appear as "Awaiting Governor's Approval."
Governor's Approval of
Executive Order
·
You must now wait for
the Governor's office to electronically approve the Executive Order.
·
When the request has
been approved, the Governor's Office
will upload an Executive Order and the status of the rules in your package will
be come "Emergency Pending."
When the Governor's office approves, LSC and JCARR are notified of your
intent to Emergency File.
·
The Executive Order can
be viewed by choosing the "History" button and selecting the print/view
documents link beside "Executive Order Requested."
·
When the status of the
rules in your package is "Emergency Pending," you can proceed with
the filing (see FILE the package and print cover letter, below).
Denial of Request for
Executive Order
·
If the Governor's
office denies the request for an Executive Order, an email notification will be
sent. (The notification is sent to the email
address of the contact associated with the login and password that were used to
electronically file the request.)
·
The status of the
rule(s) in the package will once again say "Needs Governor's
Approval."
·
When the status is
"Needs Governor's Approval" you can use replace to upload a
new or edited rule body as needed and repeat the steps above to request the
executive order again.
14) 111.15 only - Reason for emergency filing
(upload
Additional Communication):
A 111.15
emergency filing shall include the reason for the emergency filing. Since the cover letter generated by the
Electronic Rule Filing system cannot be edited, you can create your own letter
explaining the reason for the emergency filing, save the letter as a PDF and
upload the letter using the Additional Communication button.
·
In a word processing program (Word, Word Perfect, Adobe)
create a letter explaining the reason for emergency filing.
·
Save the letter as PDF.
To save the letter as PDF, you must use a scanner or Adobe/Acrobat
software and save the PDF on a diskette or on your computer. If your agency does not have a scanner or
PDF software, you can use the scanner and Adobe/Acrobat software in the Electronic
Rule Filing Kiosk. (For more
information on PDFs:
http://desktoppub.about.com/cs/pdfformat/)
·
From the main package content screen, select the green
button on the left labeled "Upload Add'l Communications."
·
Select the browse button and navigate to the PDF file (on
your computer or diskette).
·
Highlight the file and select Open.
·
Select OK.
·
On the main package content screen, select print/view next
to Additional Communications and view the PDF as uploaded. Close the Adobe Reader screen once you have
viewed the document.
15) 119.03 - Upload
Additional Communication - OPTIONAL
If there is additional filing information that you wish
to convey to LSC that you used to include in your cover letter, you can upload
an Additional Communication document to supply that information. This is not
required.
·
In a word processing program (Word, Word Perfect, Adobe)
create a document providing the information you wish to convey to LSC.
·
Save the letter as PDF.
To save the letter as PDF, you must use a scanner or Adobe/Acrobat
software and save the PDF on a diskette or on your computer. If your agency does not have a scanner or
PDF software, you can use the scanner and Adobe/Acrobat software in the
Electronic Rule Filing Kiosk. (For more
information on PDFs:
http://desktoppub.about.com/cs/pdfformat/)
·
From the main package content screen, select the green
button on the left labeled "Upload Add'l Communications."
·
Select the browse button and navigate to the PDF file (on
your computer or diskette).
·
Highlight the file and select Open.
·
Select OK.
·
On the main package content screen, select print/view next
to Additional Communications and view the PDF as uploaded. Close the Adobe Reader screen once you have
viewed the document.
16) FILE the package
and print cover letter.
IMPORTANT!!!! When you push the OK button to complete the filing, you assume
responsibility for what is being filed.
View each document to make sure you are filing the correct version of
the document and to make sure that all dates and other supplemental information
is correct.
A. From the main package content screen, 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.
-
Are you logged in to the website with your 'file'
username and password? You will not see the file button if you are logged in
with your 'edit' user name and password.
-
Are you authorized to file a package? If you do not know, you will need to ask
your agency's authorized contact if you have filing privileges.
B. After selecting the red file button, you will
see the status screen:
- A red X in the status sheet indicates
a required document is missing and you will not be permitted to file. A blue exclamation point (!) indicates that
you uploaded a document but did not view it. If you see either of these marks, select 'Cancel' and add or
view the required forms before proceeding.
- Select
OK.
C. Signature page/PIN number. You 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 your pin number, contact
your agency's authorized contact.
·
Enter the Executive Order number: This number is assigned by the Governor's
Office.
·
Enter the effective date for the
rule(s). You can only enter one
effective date per group of rules. If
you have different effective dates, you will need to file the rules in
different packages.
·
Enter the expiration date for the
rule(s). You can only enter one expiration date per group of rules. If you have different effective dates, you
will need to file the rules in different packages.
·
DOUBLE CHECK the information on this screen before you press
OK. When you press OK, you have filed.
·
Press OK.
You have now Emergency filed the rules.
D. Confirmation screen - This
screen will appear to show confirmation of your filing. 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 Ohio Department of Aging.
E. Print the Cover Letter for this filing - Choose this link to print a copy of the
cover letter stating that you have filed rules. (Note: Printing the
cover letter is recommended, but not required)
-
Adobe Reader will open a window. You can print the cover
letter by selecting the printer icon.
-
To save PDF copy of the cover letter, select the
diskette icon on the Adobe / Acrobat Screen to save. 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.
F. Select OK to complete the filing
process and close the confirmation screen.
17) View filing in History
and print copies or save as PDF for your records.
·
After
you have completed the filing, you can view and print the documents exactly as
they were filed by selecting the History button on the main package content screen.
·
A
list of rules will appear and each rule will have two options: print/view documents and view
online questions.
·
Select
the print/view documents link beside one of the rules. For each rule, you can print selected
documents or you can 'print all.' (Note: 'print all' prints all attachments
and package level documents (such as PHN, Additional Communications) that are
associated with a rule).
·
To Print only selected documents: Select print/view beside the document you wish to print. Adobe Reader will open a window
and a PDF will be created of the document selected. The number of pages in the PDF displays at the bottom left (such
as '1 of 3'). To print, select File,
Print. After printing, close this
window by selecting File, Close. Then
select print/view beside the next document you wish to print and repeat
the steps above. You can also save PDF
copy of each document at this time. Select the diskette icon on the Acrobat
Screen to save. Browse to the folder where you want to save your PDF and select
Save.
·
To Print all: Select print/view documents, then
select the 'print all' option. Adobe
Reader will open a window and a PDF will be created that has all
documents for this rule. You can select
the "Bookmarks" tab on the right and click the plus sign to display
an index of the documents. The number
of pages in the PDF displays at the bottom left (such as '1 of 7'). To print the entire PDF, select File,
Print. After printing, close this
window by selecting File, Close.
·
To save a PDF copy for your records: Select print/view beside the
document you wish to print or select 'print all.' Select the diskette icon on the Acrobat Screen to save. Browse
to the folder where you want to save your PDF and select Save. After saving, close this window by selecting
File, Close.
·
Repeat above steps to view, print, or
save PDF documents for each rule in the package.
·
After closing the Acrobat screen, use the package name link
in the upper right corner to go back to the main package content screen.