;
INDEX - Click on
topic below to jump directly to related section.
Steps for
Preparing an Internal Management Rule Filing
Step 7 - Log
on to ERF website
Step 9 -
Assign Rule Numbers and Titles
Step 10 -
Fill out online questions
Step 11 -
Upload Rule Body XML
Step 12 -
Upload other documents in PDF format
Step
13 - Review contents of package before filing
To Edit a
Document Once it is in a Package
Step 14 -
FILE the package and print cover letter
Step 15 -
View filing in History and print copies or save as PDF for your records
Steps 1 through 6 of
preparing an Internal Management Filing are similar 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 Internal Management 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.
Internal
Management Rule: Any rule that
governs the day-to-day staff procedures and operations within an agency. An Internal Management rule is not subject
to Chapter 119 rule-making procedures unless it affects private rights. All Internal Management rules not subject to
Chapter 119 are subject to 111.15 of the Revised Code. Internal Management rules are not filed with
JCARR unless filed on an emergency basis.
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 Internal Management Rules:
Most Internal Management rules are filed
under statute 111.15. The definition of
a 111.15 rule includes the following:
"Rule"
includes any rule, regulation, bylaw, or standard having a general and uniform
operation adopted by an agency under the authority of the laws governing the
agency; any appendix to a rule; and any internal management rule.
"Rule" does not include any guideline adopted pursuant to section
3301.0714 of the Revised Code, any order respecting the duties of employees,
any finding, any determination of a question of law or fact in a matter
presented to an agency, or any rule promulgated pursuant to Chapter 119.,
section 4141.14, division (C)(1) or (2) of section 5117.02, or section 5703.14
of the Revised Code. "Rule" includes any amendment or rescission of a
rule.
There
are three types of 111.15 rules. Regular rules, internal management rules, and
emergency rules. Both regular and emergency rules are required to be filed with
JCARR; however, only regular rules are reviewed by the committee. Internal
management rules are not filed with JCARR unless they are filed on an emergency
basis. All types of 111.15 rules are required to be filed with the Director of
the Legislative Service Commission (LSC)
and the Secretary of State.
The
JCARR manual lists the R.C. 111.15 rule filings not subject to JCARR
review at this link: http://www.jcarr.state.oh.us/man_111v119.cfm
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 Internal Management rules. If you
discover an error after the filing, you may have to Withdraw 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.
If you WITHDRAW an Internal Management rule, you can NOT refile the rule. You will have to start over in with a new package.
STEPS
FOR PREPARING AN INTERNAL MANAGEMENT FILING
Steps 1 -6 of preparing
an Internal Management (IM) 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.
1)
Purchase (or access) the Rule Authoring Software.
2)
Request Rule Preparation from LSC for
Amend or Rescind rules.
3)
Download prepared Amend and Rescind rules.
4)
In RAS, create or edit the Rule Body XML (Internal Management filings never require an Environmental Impact (EI)
or Fiscal B form).
5)
In RAS, Make final corrections to the Rule Body.
6)
In RAS, Save Rule Body 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.
Do not create a new package for each rule.
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 Internal Management.
·
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.
·
The status will now show "Final 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.)
·
After saving Form 1, you will be at the rule content screen.
11) Upload Rule Body XML file.
IMPORTANT: ERF documents created in RAS MUST
have been saved as XML file format before uploading to the ERF
website. Only file formats XML and PDF
are accepted. S4W files
are not accepted! Word (.doc) files are
not accepted!
Uploading the
rule body XML:
·
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.
·
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.
·
MODIFYING AN ONLINE QUESTION:
o
If you need to change the answer to one of the online
questions, navigate to the main package content screen and select open
next to the appropriate rule.
o Select modify
next Form 1.
o Locate the
question you wish to change, make changes, and select OK or Save.
o Print/view the Rule body
to confirm the changes.
(ERF navigation tip: selecting the package name link in the upper right corner will
take you back to the main package content screen.)
12) Upload other filing documents in PDF format if applicable
for this filing: Appendix,
Additional Communications.
APPENDIX: Documents being uploaded as an Appendix can be in PDF or
XML format, if the XML was created using RAS.
o
From the main package content screen, select open
next to the rule requiring an appendix.
o
Select Appendix button on the left. Answer copyright questions, enter the
Appendix sequence (enter 1 for A, 2 for B, etc.).
o
If rule is amended, select the Appendix type (existing,
amend, enacted, rescind).
o
Browse for the PDF (or XML) file you want to upload. Select Open, OK.
o
You are required to print/view the uploaded PDF (or
XML) before completing the filing.
o Refer to Step
11 for more details on locating, uploading and viewing documents.
ADDITIONAL
COMMUNICATION: This function is
used to provide additional filing information that was previously contained in
the cover letter. Only one
Additional Communication document is uploaded per package. The document must be in PDF format.
o
Navigate to the main package content screen.
o
Select the 'Upload Add'l Communications' button on the left.
o
Select Browse to locate and upload the upload the PDF.
o
You are required to print/view the uploaded PDF before completing
the filing.
o Refer to Step
11 for more details on locating, uploading and viewing documents
13) Review
contents of package before filing.
· 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
You will not be permitted to file if there is a red X or
blue exclamation point anywhere on the status sheet. Therefore, you will need to upload, fill out or view each
document or form as indicated.
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 Rule Body XML: Retrieve the document from the website or
locate the original XML that was 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 an Appendix or other PDF document, 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 Internal Management filing, you may have to Withdraw the filing and
start all over!
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.
To file a package, you must be logged in to the ERF website
with a username and password with file privileges. If you are currently logged in with only
'edit' privileges, select 'logout' in the upper right corner and log back in
with file privileges.
B.
Select 'View Packages in Progress' and select the package
you want to file.
C.
Select the red file button. If you do NOT see the red file
button, check the following:
o
Are you still logged in to the website with your 'edit'
username and password? You must use your file user name and password.
o
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 (call the
help desk for further information).
o
Package must have at least one rule before you can file.
E.
Select OK. A screen
listing the rules you are about to file will appear and 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.'
Adobe Reader
will open a window and you can print the cover letter by selecting the printer
icon. After printing, close this window
by selecting File, Close.
A copy of this
confirmation email is also sent to a contact person at your agency (the contact
person is designated by your agency's ERF authorized contact).
15) 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.