Several agencies have asked the Electronic Rule Filing development team how to correct typos and other minor errors in a proposed rule before final-filing the rule for formal adoption. The question usually arises when an agency is preparing to final-file a rule and wants to clean up a few nonsubstantive errors that it has noticed in the rule text since originally filing the rule.

The answer is: Once a rule is originally filed through the ERF Website, the only way to make changes is to formally execute a revised or refiled filing. The security features of the Website "lock out" users from changing their filed packages except through formal revised or refiled filings. Moreover, the Website provides no way to revise documents at the time of final filing. A rule is final-filed exactly as it appears in the latest proposed version. If the latest proposed version contains errors, the errors will carry over to the final filing. An agency discovering minor errors shortly before final filing therefore must decide whether to let the errors stand or to postpone the final filing and make a refiled filing to correct them.

The "lock-out" feature of the Website, which precludes agencies from making informal changes, is by design and is intended to protect the integrity and reliability of electronically filed documents. We do not anticipate disabling it.

Filing agencies are therefore urged to examine electronic documents carefully before filing them.

Thank you.

Jim Kelly, Supervisor
Register of Ohio and Administrative Rules Unit
Ohio Legislative Service Commission

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Posted to the Rule Filers Mailing List on Feb 4, 2002