Ind. Code ch. 25-42-8

in effect

Ind. Code § 25-42-8-1 Effective date of rules

Sec. 1. The commission shall exercise the commission's rulemaking powers according to the criteria set forth in, and the rules adopted under, this chapter. Rules and amendments are binding as of the date specified in each rule or amendment and have the same force and effect as provisions of this compact. As added by P.L.135-2019, SEC.5.

Ind. Code § 25-42-8-2 Rules adopted at regular or special meetings

Sec. 2. Rules or amendments to the rules must be adopted at a regular or special meeting of the commission. As added by P.L.135-2019, SEC.5.

Ind. Code § 25-42-8-3 Notice of proposed rulemaking

Sec. 3. Before promulgation and adoption of a final rule by the commission, and at least sixty (60) days before the meeting at which the rule will be considered and voted on is held, the commission shall file a notice of proposed rulemaking: (1) on the Internet web site of the commission; and (2) on the Internet web site of each licensing board or in the publication in which each state would otherwise publish proposed administrative rules. As added by P.L.135-2019, SEC.5.

Ind. Code § 25-42-8-4 Information required in rulemaking notice

Sec. 4. The notice of proposed rulemaking must include all of the following: (1) The proposed time, date, and location of the meeting at which the rule will be considered and voted on. (2) The text of the proposed rule or amendment and the reason for the proposed rule. (3) A request for comments on the proposed rule from any interested person. (4) The manner in which an interested person may submit: (A) notice to the commission of the interested person's intention to attend the public hearing; and (B) written comments. As added by P.L.135-2019, SEC.5.

Ind. Code § 25-42-8-5 Allow information to be submitted concerning a proposed rule

Sec. 5. (a) Before adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments. (b) Submitted information and documents described in subsection (a) must be made available to the public. As added by P.L.135-2019, SEC.5.

Ind. Code § 25-42-8-6 Public meeting on proposed rule

Sec. 6. (a) The commission shall grant an opportunity for a public hearing before the commission adopts a rule or amendment. (b) The commission shall publish the place, time, and date of the scheduled public hearing. (c) A public hearing must be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. All hearings must be recorded and a copy of the record must be made available to the public upon request. (d) This section does not require a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section. (e) If no one appears at a public hearing, the commission may proceed with promulgation of the proposed rule. As added by P.L.135-2019, SEC.5.

Ind. Code § 25-42-8-7 Consideration of public comments; final action

Sec. 7. (a) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received. (b) The commission shall, by majority vote of all administrators, take final action on the proposed rule and determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule. As added by P.L.135-2019, SEC.5.

Ind. Code § 25-42-8-8 Emergency rules; application of rulemaking procedures

Sec. 8. (a) For purposes of this section, an emergency rule is a rule that must be adopted immediately to do at least one (1) of the following: (1) Meet an imminent threat to public health, safety, or welfare. (2) Prevent a loss of commission or party state funds. (3) Meet a deadline for the promulgation of an administrative rule that is required by federal law or rule. (b) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing. However, the usual rulemaking procedures provided in this compact and in this chapter must be retroactively applied to the rule as soon as reasonably possible, and in no event later than ninety (90) days after the effective date of the rule. As added by P.L.135-2019, SEC.5.

Ind. Code § 25-42-8-9 Revisions to rules; public notice; revision challenge

Sec. 9. (a) The commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. (b) Public notice of any revisions must be posted on the Internet web site of the commission. A revision is subject to challenge by any person for thirty (30) days after posting. A revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge must be made in writing and delivered to the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission. As added by P.L.135-2019, SEC.5.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/25Fetched: 10/17/2026