Ind. Code ch. 4-22-2.3

in effect

Ind. Code § 4-22-2.3-1 Expiration of certain emergency rules

Sec. 1. (a) This subsection and subsection (b) set an expiration date for rules adopted under IC 4-22-2-37.1 (as effective before July 1, 2023) or IC 4-22-2-37 (before its repeal) that at the time of adoption were permitted by law to continue in effect for an indefinite period of time. The rules to which this subsection applies include rules that were permitted to continue until another emergency rule or a final rule was adopted to replace the emergency rule or the agency repealed the emergency rule. Subject to subsections (b) and (c), the rule expires not later than: (1) October 1, 2023; or (2) if the rule is included on a list described in subsection (d), October 1, 2024; as applicable. An emergency rule that expires under this subsection may not be renewed under IC 4-22-2-37.1 (as effective after June 30, 2023). If the rule meets the criteria in IC 4-22-2-37.2 for adoption as an interim rule, the rule may be adopted under IC 4-22-2-37.2. (b) The text of an emergency rule adopted under IC 4-22-2-37.1 (as effective before July 1, 2023) or IC 4-22-2-37 (before its repeal) that is: (1) incorporated into a provision of the Indiana Administrative Code that before July 1, 2023, was amended under the procedures in IC 4-22-2-23 through IC 4-22-2-36 or IC 13-14-9 (as applicable); or (2) readopted as part of a provision of the Indiana Administrative Code that was readopted under IC 4-22-2.5 (before its repeal) or IC 13-14-9.5 (before its repeal); continues in effect to the extent that the text remains part of the provision of the Indiana Administrative Code into which the emergency rule text was incorporated. (c) An emergency rule adopted under IC 4-22-2-37.1 (as effective before July 1, 2023) of the type described in sections 3 through 9 of this chapter expires as provided in the applicable provisions of sections 3 through 9 of this chapter. (d) Not later than September 1, 2023, the governor may submit to the publisher a list of rules described in subsection (a) for which the expiration under this section is October 1, 2024, instead of October 1, 2023. The publisher shall publish a list submitted under this subsection in the Indiana Register. As added by P.L.249-2023, SEC.43.

Ind. Code § 4-22-2.3-2 Extension of provisional rule by the governor

Sec. 2. Before a provisional rule adopted under IC 4-22-2-37.1 (as effective after June 30, 2023) expires, the governor by executive order may authorize the extension of the provisional rule under the interim procedures in IC 4-22-2-37.2 if the governor determines and finds in the executive order that the provisional circumstances justifying the provisional rule continue to exist. A rule adopted under the authority of an extension under this section expires not later than one (1) year after the date on which the rule is published in the Indiana Register. As added by P.L.249-2023, SEC.43.

Ind. Code § 4-22-2.3-3 Interim rules by director of the department of natural resources

Sec. 3. The director of the department of natural resources may adopt interim rules under the interim rule procedures in IC 4-22-2-37.2 to temporarily modify or suspend a rule described in IC 14-22-2-6 (fish and wildlife rules). An interim rule authorized under this section expires not later than one (1) year after the rule is accepted for filing by the publisher of the Indiana Register and may not be continued in another interim rule. As added by P.L.249-2023, SEC.43.

Ind. Code § 4-22-2.3-4 State board of education interim rules

Sec. 4. The Indiana state board of education may adopt interim rules under the interim rule procedures in IC 4-22-2-37.2 for the provision of special education or related services to an eligible choice scholarship student who receives an amount under IC 20-51-4-4(a)(2). An interim rule authorized under this section expires not later than one (1) year after the rule is accepted for filing by the publisher of the Indiana Register and may not be continued in another interim rule. As added by P.L.249-2023, SEC.43.

Ind. Code § 4-22-2.3-5 Department of natural resources interim rules

Sec. 5. The department of natural resources (or to the extent permitted by IC 14-10-2, the natural resources commission) may adopt interim rules under the interim rule procedures in IC 4-22-2-37.2 to carry out the duties of the department of natural resources under a law listed in IC 14-10-2-5. A rule described in this section may be continued in another interim rule only if the governor determines under IC 4-22-2-37.2(c) that the policy options available to the agency are so limited that use of the additional notice, comment, and review procedures in IC 4-22-2-23 through IC 4-22-2-36 would provide no benefit to persons regulated or otherwise affected by the rule. A rule adopted concerning the department of natural resources' discharge of duties under a law listed in IC 14-10-2-5(a)(22) expires upon the earlier of the following: (1) One (1) year after the rule is accepted by the publisher of the Indiana Register. (2) Upon the adoption of a rule under this chapter concerning the department of natural resources' discharge of duties imposed under this article. As added by P.L.249-2023, SEC.43.

Ind. Code § 4-22-2.3-6 Department of financial institutions' interim rules

Sec. 6. The following apply to the department of financial institutions: (1) The department of financial institutions shall adopt rules under the interim rule procedures in IC 4-22-2-37.2 announcing: (A) sixty (60) days before January 1 of each odd-numbered year in which dollar amounts under IC 37-2 (Uniform Consumer Credit Code) are to change, the changes in dollar amounts required by IC 37-2-1-5(b); (B) promptly after the changes occur, changes in the Index required by IC 37-2-1-5(c), including, when applicable, the numerical equivalent of the Reference Base Index under a revised Reference Base Index and the designation or title of any index superseding the Index; (C) the adjustments required under IC 37-5-2-8 concerning high cost home loans; and (D) the adjustments required under IC 34-55-10-2 (bankruptcy exemptions; limitations) or IC 34-55-10-2.5. A rule described in this subdivision expires not later than January of the next odd-numbered year after the department of financial institutions is required to issue the rule. (2) The department of financial institutions may adopt a rule under the interim rule procedures in IC 4-22-2-37.2 for a rule permitted under IC 37-1-1-1 (licensing system for creditors and mortgage loan originators) or IC 37-2 (Uniform Consumer Credit Code) if the department of financial institutions declares an emergency. A rule described in this subdivision expires not later than two (2) years after the rule is effective. (3) The department of financial institutions may adopt a rule described in IC 34-55-10-2 (bankruptcy exemptions; limitations) or IC 34-55-10-2.5 in conformity with the procedures in IC 4-22-2-23 through IC 4-22-2-36 or the interim rule procedures in IC 4-22-2-37.2. A rule described in this subdivision adopted under IC 4-22-2-37.2 expires not later than two (2) years after the rule is accepted for filing by the publisher of the Indiana Register. A rule described in this section may be continued in another interim rule only if the governor determines under IC 4-22-2-37.2(c) that the policy options available to the agency are so limited that use of the additional notice, comment, and review procedures in IC 4-22-2-23 through IC 4-22-2-36 would provide no benefit to persons regulated or otherwise affected by the rule. As added by P.L.249-2023, SEC.43. Amended by P.L.93-2024, SEC.20; P.L.115-2026, SEC.7.

Ind. Code § 4-22-2.3-7 Utility regulatory commission interim rules

Sec. 7. The Indiana utility regulatory commission may adopt interim rules under the interim rule procedures in IC 4-22-2-37.2 pursuant to its authority under IC 8-1-1-3(g). A rule described in this section expires not later than two (2) years after the rule is accepted for filing by the publisher of the Indiana Register and may not be continued in another interim rule. As added by P.L.249-2023, SEC.43. Amended by P.L.36-2026, SEC.1.

Ind. Code § 4-22-2.3-8 Board of pharmacy interim rules

Sec. 8. (a) The Indiana board of pharmacy, on its own initiative or under a written request from the state police department, the United States Drug Enforcement Administration, or a poison control center, may adopt interim rules under IC 4-22-2-37.2 to declare a substance is a synthetic drug if the board finds that the substance: (1) has been scheduled or emergency scheduled by the United States Drug Enforcement Administration; (2) has been scheduled, emergency scheduled, or criminalized by another state; or (3) has: (A) a high potential for abuse; and (B) no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision. (b) In making a determination under subsection (a)(3), the Indiana board of pharmacy shall consider the following factors relating to the substance: (1) The actual or relative potential for abuse. (2) Scientific evidence of the substance's pharmacological effect, if known. (3) The state of scientific knowledge regarding the substance. (4) The history and current pattern of abuse of the substance. (5) The scope, duration, and significance of abuse of the substance. (6) The degree of risk to the public health. (7) The psychic or psychological dependence liability of the substance. (c) Notwithstanding IC 4-22-2-37.2(i), a rule described in this section becomes effective when the rule is published in the Indiana Register. A rule described in this section expires not later than June 30 of the year following the year in which the rule is accepted for filing by the publisher of the Indiana Register and may not be continued in another interim rule. As added by P.L.249-2023, SEC.43. Amended by P.L.84-2024, SEC.1.

Ind. Code § 4-22-2.3-9 Pesticide review board interim rules

Sec. 9. (a) The Indiana pesticide review board may adopt interim rules under IC 4-22-2-37.2 to classify a pesticide as a restricted use pesticide, if the Indiana pesticide review board finds that adoption of the interim rule is necessary to prevent an undue and immediate hazard to persons, animals, wildlife, lands, or water, other than the pests that the pesticide is intended to prevent, destroy, control, or mitigate. (b) The Indiana pesticide review board may adopt interim rules under IC 4-22-2-37.2 to impose a restriction or requirement on the storage, distribution, use, application, or record keeping for a restricted use pesticide that is more stringent than the restriction or requirement imposed under federal law if the Indiana pesticide review board finds that weather, soil, or other conditions in Indiana impact the effectiveness or safety of the storage, distribution, use, application, or record keeping of the restricted use pesticide in a manner that differs from federal law generally. (c) The Indiana pesticide review board may adopt interim rules under IC 4-22-2-37.2 to impose a restriction or requirement on the storage, distribution, use, application, or record keeping for a restricted use or general use pesticide that is more stringent than the restriction or requirement imposed under federal law if the Indiana pesticide review board receives a written request from the registrant of the applicable pesticide. (d) Unless specifically authorized by Indiana law under IC 15-16-5-72, an interim rule authorized under this section expires on adjournment sine die of the regular session of the general assembly that begins after the rule is accepted for filing by the publisher of the Indiana Register and may not be continued in another interim rule. As added by P.L.249-2023, SEC.43.

Ind. Code § 4-22-2.3-10 Interim rules to implement reductions, waivers, or elimination of fees, fines, or civil penalties

Sec. 10. (a) An agency may adopt interim rules under IC 4-22-2-37.2 to implement a reduction, a full or partial waiver, or an elimination of a fee, fine, or civil penalty included in a rule adopted under IC 4-22-2. (b) An interim rule authorized under this section expires not later than January 1 of the fifth year after the year in which the rule is accepted for filing by the publisher of the Indiana Register. (c) A rule described in this section may be continued: (1) if the agency readopts the rule: (A) without changes in conformity with the procedures in IC 4-22-2.6-3 through IC 4-22-2.6-9; or (B) with or without changes in conformity with the procedures in IC 4-22-2-23 through IC 4-22-2-36; or (2) in another interim rule only if the governor determines under IC 4-22-2-37.2(c) that the policy options available to the agency are so limited that the use of the additional notice, comment, and review procedures in IC 4-22-2-23 through IC 4-22-2-36 would provide no benefit to persons regulated or otherwise affected by the rule. As added by P.L.93-2024, SEC.21.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/4Fetched: 10/17/2026