ELECTRONIC RULE-FILING SYSTEM

To amend or rescind an existing rule, access the Rule Download page in ERF to download a copy of the rule. Access the Rule Authoring Software (RAS3) and open the rule using this software to begin drafting. To propose a new rule, access RAS3 and begin drafting the new rule.

When drafting is complete, the filer must log on to the ERF Website and create a new package. The recommended maximum package size is 50 rules. While the ERF Website does not prevent a filer from including more than 50 rules in a package, please bear in mind that, for a number of technical reasons, smaller packages are better.

THE "PROMULGATED UNDER" STATUTE CANNOT BE CHANGED ONCE A PACKAGE IS FILED. Pay attention when selecting the "Promulgated Under" statute when creating each package as the selection cannot be changed once a package is filed. If unsure whether the Promulgated Under statute is 111.15, 119.03, or something else, do not file the package until this has been determined.

All packages are listed on the Package Dashboard page which is the initial page the filer will see after logging in. When a package is opened, the Package Management page is where a filer will do all the work to prepare the package as it lists all rule numbers assigned to the package. The 'Prepare' buttons and red 'File' button are found on this page. When a rule is opened, answering questions and uploading documents will be done on a single page known as the Rule Management page. This is where most of the work for a filing will take place.

The Rule Management page is divided into seven sections for Typical and No Change package types. These sections are: Rule Detail, RSFA Part A - General Questions, RSFA Part B - Local Governments Questions, PSFA Part C - Environmental Impact Questions, RSFA - Adverse Impact Questions, Common Sense Initiative (CSI) Tracking Numbers, and RSFA - Incorporation by Reference (IBR) Questions. All other package types include only the Rule Detail section.

Knowing the answers to all of the online questions in advance will expedite the filing process; however you do have the ability to provide partial answers, save the information and return to complete entries at a later time. Text may be copied and pasted into online forms from a word processing document, email, or other electronic document.

BEFORE FILING, CAREFULLY REVIEW ALL DOCUMENTS. Always print or view all documents on the ERF Website and examine them with great care BEFORE pushing the red "File" button. Errors manifest themselves before filing. If the system experiences an error in recording an uploaded document it will cause a flawed version to display and the flawed version will be filed. Careful examination of how documents display on the website can reduce errors before filing. If errors go unnoticed, it generally must be corrected through a formal revision or re-filing.

The filer then proceeds to file the package. Be careful to discover errors prior to original filing, but also take advantage of the first 35 days following original filing to re-proof your documents for errors. Revisions during the first 35 days do not prolong JCARR jurisdiction. The original filing for State Agencies is electronically filed with the appropriate agencies. If a rule is subject to the sixty-five day jurisdiction of the Joint Committee on Agency Rule Review (JCARR), it can be revised, refiled, withdrawn, or placed in "To Be Refiled" status during that sixty-five day period. All of these actions are performed using the ERF Website. (Note: The before mentioned does not apply to School filers.)

When a school or agency is ready to final file a rule, it must log on to the ERF Website and prepare the rules that are to be final filed. TYPOS, DATES, AND OTHER DATA CANNOT BE CORRECTED IN FINAL FILING. A security feature of the ERF Website prevents filers from revising documents and data at the time of final filing. In typical packages for state agencies, a rule is final-filed exactly as it appears in the latest-filed proposed version. If the latest-filed 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 re-filed filing to correct them.

After the filing is complete, the electronic certification "stamp" will appear on the last page of the rule, in the rule supplemental information. This electronic certification serves as the signature, and certifies that the electronically filed rules are true and accurate copies of the rules as adopted by the school or agency. An electronic certification is also used on emergency rules, five-year review (no change) filings, and withdrawals of proposed or final filed rules.

NEVER WITHDRAW A RULE UNLESS 100% SURE THAT IS THE DESIRED COURSE OF ACTION. Withdrawals are irreversible. Do not withdraw to make corrections to a rule; that is done through a revision or refile. Withdrawing a final filing returns the rule to its status prior to the final filing. For example, if a rule was original filed, revise filed, final filed, and then withdrawn final, the rule is returned to its revised filing status. A withdraw final must be followed by a withdraw proposed in order for a rule to be removed from the JCARR process as applicable. After a withdraw proposed action, a rule filing ceases to exist. The only way to revive a filing after a withdraw proposed is to start over by creating a new package.

State agencies may contact JCARR (Joint Committee on Agency Rule Review) at 614-466-4086 before or after filing with any questions about JCARR procedures, timing of filings and public hearings, or for assistance in providing answers to questions required during the filing process.

All filers may contact the ERF Help Desk at 614-387-2078 or erfhelpdesk@lsc.ohio.gov for assistance.

The Legislative Service Commission rule-filing kiosk is located within LSC's offices on the eighth floor of the Riffe Center, 77 South High Street, Columbus. The kiosk houses two workstations with the necessary software and is available free of charge for use by school and agency personnel. Hours of operation are 8:30 a.m. to 5:00 p.m., Monday through Friday, except for state holidays and any occasional times the General Assembly authorizes legislative agencies to close early. To provide opportunities for one-on-one assistance, the kiosk is staffed by a member of the development team by appointment.

Agency and school personnel must reserve time in the kiosk in advance by calling the ERF Help Desk at 614-387- 2078. Please inform the scheduler of the dates and times you would like to use the kiosk, plus how many of the two workstations you will need. The kiosk will be reserved on a first-come-first-served basis, within reason. LSC reserves the right to limit reservations of large blocks of time over several days so that the kiosk remains available for other agencies. Unfortunately, it will not be possible to assign agencies priority by rule-filing schedule, so agencies expecting imminent filings should secure their reservations early.

The kiosk is not a training facility; however, the team will use the kiosk to assist any untrained agency staffer facing an unexpected situation in which a rule must be filed before training can be arranged.