INDEX - Click on topic below to jump directly to related
section
Introduction
Effective dates and Five Year Review dates
Prepare
Rules to be Final Filed
How
to Deselect a Prepared Rule
View
filing in History and Print /Save as PDF
INTRODUCTION:
This document describes the steps required to final file
'typical' (119 or 111) new, amended and/or rescinded rules using:
·
Rule Authoring Software (RAS) version 1.4.09
·
Internet Explorer (IE) version 6.0 to access the
Electronic Rule Filing (ERF) website
·
Adobe Reader 5.0.
If you are using a different version of RAS, Internet
Explorer, or Adobe Reader, of if you 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:
This
link has other "How - To" documents that may be helpful
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.
Final Filing - The filing of a rule in adopted form with JCARR, Secretary
of State, and LSC after JCARR jurisdiction has ended.
Original Rule
Filing - The
initial filing of a rule (amended, new, or rescinded) under sections 111.15 or
119.03 of the R.C. for the 65-day review by JCARR. The 65-day review period is computed
by excluding the day the original filing is made and including the last day.
Original rules can be filed in final form on or after the 66th day.
A Withdrawn Rule is a rule that has been removed from
JCARR consideration by the rule-making agency. The withdrawal of a rule shall
be by written notification to JCARR, LSC, and the Secretary of State.
Withdrawal of a refiled or revised rule withdraws all previous rule filings of
that rule number currently before JCARR. The notification shall include the rule
number(s) and all original, revised, or refiled filing dates relevant to that
rule(s). Once a rule has been withdrawn, the rule-making agency may propose the
rule as an original rule filing.
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.
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 has not been
filed in final form. The 30-day jurisdiction is computed by excluding the
refiling date and including the last day. 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: If a rule has not become
effective, the rule-making agency will be given the opportunity to withdraw the
final filing of the rule, make any changes necessary to ensure that the rule
contains no substantive changes from the version reviewed by JCARR and again
file the rule in final form. (For
information on withdrawing the final filing of a typical package of new,
amended, and/or rescinded rules, see the document called "How to
Withdraw Final.")
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.
There are
two main steps to final filing a proposed rule:
1. Prepare the rules to be final filed and
2. File the rules to be final filed.
Final Filing via
the Electronic Rule Filing (ERF) system submits the final filed rules to JCARR,
LSC, and, when applicable, the Secretary of State, Department of
Development - Office of Small Business
Ohio Department of Aging.
No
corrections during Final Filing: Typos, prior effective dates, taglines, and so on,
can NOT be corrected during the Final Filing.
Corrections to errors in documents and dates must be made by filing a
revision or by refiling. The only
exceptions are the effective date and the *next* five year review date, which
are entered during the final filing and can be corrected by withdrawing the
final filing. If you have questions,
please call the ERF help desk.
Only one Effective Date and
next Five-Year Review (FYR) Date per filing: During the final
filing, you can only enter one effective date and one FYR date for each group
of rules being filed. If the rules in
your package have different effective or next FYR dates, you will need to final
file them separately (step 2 of this document).
For example, if your package has 5 rules to be
effective on 11/11/2002 and 5 rules to be effective on 12/12/2002, you would
prepare and file the first 5 rules and then prepare and file the second 5
rules.
If your package has mixture of new, amended and rescinded
rules, the next FYR date you enter will only appear on the rule body
(when viewed as PDF) of the new and amended rules, not the rescinded rules.
1. PREPARE RULES TO BE FINAL FILED
Logon to the ERF website,
open the package that contains the rules to be final filed, select 'Prepare
Final Filing' and select the rules to be final
filed. (Do not create a new package to final file.)
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. Read the 'What's New' link on the home page for important
updates.
C.
Select 'View Packages in Progress.' NOTE: You must use the existing package that had
the originally filed rule(s). Do NOT
create a new package to final file.
D. Select open
next to the package that contains the rule(s) to be final filed.
E.
Select the 'Prepare Final Filing' button.
If you do not see the 'Prepare Final Filing' button, check the
following:
-
Rules must have passed the 65-day JCARR jurisdiction period.
-
If the rule was refiled, JCARR has jurisdiction over the rule for 30
days from the date the rule was refiled.
-
Rules that have been withdrawn cannot be final filed.
-
Rules that have been filed as TBR (to be refiled) are on 'hold' and
cannot be final filed.
If a rule is not listed and you think it should be, check
the following:
-
If the rule was refiled, JCARR has jurisdiction over the rule for 30 days
from the date the rule is refiled.
-
Rules that have been withdrawn cannot be final filed.
-
Rules that have been filed as TBR (to be refiled) are on 'hold' and
cannot be final filed.
NOTE: You do not have to final
file the rules at this time. The rules will remain 'pending' until you complete
the steps below to execute the filing.
HOW TO DESELECT A PREPARED RULE:
If you selected a rule to be final
filed and later decide you do not wish to final file that rule, you can
deselect the rule.
§
Select the 'Prepare Final Filing' button.
§
'Please Choose rules to Prepare for Final Filing' will
appear. Deselect (remove the check
from) the checkbox to the left of each rule you do not wish to final file at
this time.
§
Select OK.
§
The status of the rule will no longer show 'Final pending' and
will instead show the previous filing action (Original filed, Revised,
Refiled).
2. FILE RULES TO BE FINAL
FILED. Select the red file button,
choose rules to final file, file and print or save cover letter.
IMPORTANT!!!! When you push the OK
button to complete this 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.
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 ERF authorized contact if you have filing
privileges.
-
Did you prepare the
rule for final filing? (See step #1.)
-
A red X in
the status sheet indicates a required document is missing and you will not be
permitted to file. If you see a red X
during final filing, please call the ERF help desk.
-
A blue
exclamation point (!) indicates that you uploaded a new document but did not
view it.
If you get the
blue exclamation point, select cancel and print/view the document
indicated.
-
Select the checkbox beside each rule you want to final file,
then select OK.
-
Enter your agency PIN number.
This PIN number is supply to each agency's director. If you do not know your pin number, contact
your agency's ERF authorized contact. (By providing the PIN, the director of your agency certifies
that the electronically filed rules are true and accurate copies of the rules
as adopted by the agency.)
-
Enter the effective date for these rules. You can only enter one effective date per group of rules. If you have different effective dates, you
will need to final file the rules in different sessions (click here for more info).
-
Enter the next five year review date, when applicable (click here for more info).
-
DOUBLE CHECK the information on this screen before you press OK.
-
Warning Messages: The ERF system checks the Next Five
Year Review and Effective dates entered. If the date entered does not meet the
general guidelines for this date, a warning message will appear to indicate
that your date may be incorrect. You
are given an opportunity to correct the dates.
The dates are *not* corrected by the system. and you will not be prevented from filing dates that
do not meet the general guidelines.
-
Press OK to complete the final filing.
E. 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 Ohio Department of Aging.
F.
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.)
-
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.
G. Select OK to complete the filing process and close
the confirmation screen.
I. CERTIFIED
ELECTRONICALLY - After the filing has been completed, the electronic
certification "stamp" will appear on the last page of the rule in the
rule supplemental information (history trail). This electronic certification serves as the signature ensuring
th
3. 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.