; Special Filing

ELECTRONIC RULE FILING:                                          

HOW TO PREPARE A 'SPECIAL' RULE FILING                                              updated: 11/18/2002 v2

 

INDEX - Click on topic below to jump directly to related section.

 

Introduction

Definition

The Big Picture

Steps for Preparing a Special Rule Filing

Steps 1-6

Step 7 - Log on to ERF website

Step 8 - Create New Package

Step 9 - Assign Rule Numbers and Titles

Step 10 - Fill out online questions

Step 11 - Upload Rule Body XML 

            Modifying an Online Question

Step 12 - Upload other documents in PDF format

            Appendix

            Additional Communication

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

 

 

INTRODUCTION

 

Steps 1 through 6 of preparing a Special 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.

 

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Software versions: This document describes the steps required for preparing a Special 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.

 

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DEFINITIONS:

Special Filing:  The package type "Special" is to be used only by agencies that have filing circumstances that fall outside the standard 119.03 and 111.15 requirements.  

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. 

 

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THE BIG PICTURE:

The package type "Special" is to be used only by agencies that have filing circumstances that fall outside the standard 119.03 and 111.15 requirements.   If you are not sure if your agency is eligible to file rules under the "Special" category, please contact LSC (Legislative Services Commission).

 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 Special 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 a Special rule, you can NOT refile the rule.  You will have to start over in with a new package. 

 

 

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STEPS FOR PREPARING A SPECIAL FILING

 

Steps 1 -6 of preparing a Special 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. 

 

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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 (Special 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.

 

 

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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 select "other" as your promulgated under statute, you must type in your statute in the "Specify if other" field.

·        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 Special, not Subject to Legislative Review   

·        Select your agency from the drop down box next to "Special, not Subject to Legislative Review." If your agency is not listed, do not proceed!  Call the ERF help desk.

·        Select Create.  

 

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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."

 

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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. 

 

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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.

 

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·        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. 

 

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(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.

 

 

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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  

 

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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.

 

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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 Special filing, you may have to Withdraw the filing and start all over!

 

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14)  File 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.     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.

 

D.    After selecting the red file button, a status screen will appear. 

 

A red X or blue exclamation point on the status screen indicates a required document or information is missing or a document has not been viewed and you will not be permitted to file.  Select cancel and upload, fill out or view the document required. 

 

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.' 

 

  1. Enter your agency PIN number.  If you do not know your PIN number, contact your agency's ERF authorized contact.

 

  1. Enter the Effective Date for these rules.  

 

  1. DOUBLE CHECK the information on this screen before you press OK.

 

  1. Warning Messages:  The ERF system checks the Effective Date 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 date.  The date is *not* corrected by the system and you will not be prevented from filing dates that do not meet the general guidelines.

 

  1. Press OK to complete the filing.   

 

  1. At the confirmation screen, choose Print the Cover Letter link to print a copy of the cover letter.   It is recommended, but not required, that you print this cover letter as a confirmation of your electronic filing.

 

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.

 

  1. Select OK to close the confirmation screen.

 

  1. The status of the rules in your package will now say "Final Filed."

 

  1. An electronic email confirmation of your filing is immediately sent to LSC and, when appropriate, JCARR, Secretary of State, Department of Development Office of Small Business, and the Department of Aging. 

 

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).    

 

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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.

 

 

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