Ind. Code ch. 4-22-2

Ind. Code ch. 4-22-2
in effect

Ind. Code § 4-22-2-0.1 Application of certain amendments to chapter

Sec. 0.1. (a) The amendments made to this chapter by P.L.44-1995 apply as follows: (1) The amendments made to sections 13, 19, 23, 25, and 28 of this chapter apply to a rulemaking action that commences after June 30, 1995. (2) The addition of sections 23.1 and 46 (repealed) of this chapter applies to a rulemaking action that commences after June 30, 1995. (b) This chapter (as effective January 1, 2023) continues to apply after June 30, 2023, to a rulemaking action that is commenced under this chapter before July 1, 2023, and is pending on July 1, 2023. As added by P.L.220-2011, SEC.44. Amended by P.L.53-2014, SEC.54; P.L.249-2023, SEC.7.

Ind. Code § 4-22-2-0.3 Legalization of certain rules adopted without approval of fire prevention and building safety commission

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 0.3. The adoption of any rule by a state agency without the approval of the fire prevention and building safety commission before July 1, 1987, is legalized and validated. As added by P.L.220-2011, SEC.45.

Ind. Code § 4-22-2-0.3 Legalization and validation of certain rules concerning fire prevention and building safety

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 0.3. (a) The adoption of any rule by a state agency without the approval of the fire prevention and building safety commission established under IC 22-12-2-1 (before its repeal) before July 1, 1987, is legalized and validated. (b) The adoption of any rule by the fire prevention and building safety commission before July 1, 2027, is legalized and validated and considered a rule of the department of homeland security after June 30, 2027. As added by P.L.220-2011, SEC.45. Amended by P.L.152-2026, SEC.8.

Ind. Code § 4-22-2-0.5 Effect to be given to provisions of P.L.229-2011; publication

Sec. 0.5. The general assembly recognizes that the general assembly has enacted more than one (1) act in the 2011 legislative session amending IC 4-22-2-37.1, including P.L.11-2011, P.L.42-2011, P.L.119-2011, and P.L.175-2011. The general assembly has incorporated the changes made in those acts into the version of IC 4-22-2-37.1 amended by P.L.229-2011. It is the intent of the general assembly that to the extent there is a conflict between the version of IC 4-22-2-37.1 enacted in P.L.229-2011 and an amendment made to IC 4-22-2-37.1 by any other act, the version of IC 4-22-2-37.1 amended by P.L.229-2011 be given effect. The publisher is directed to publish only the version of IC 4-22-2-37.1 enacted in P.L.229-2011 in the Indiana Code. As added by P.L.63-2012, SEC.4.

Ind. Code § 4-22-2-1 Repealed

Formerly: Acts 1945, c.120, s.1. As amended by P.L.5-1984, SEC.173. Repealed by P.L.31-1985, SEC.50.

Ind. Code § 4-22-2-2 Repealed

Formerly: Acts 1945, c.120, s.2. As amended by Acts 1977, P.L.38, SEC.1; Acts 1978, P.L.16, SEC.1; Acts 1979, P.L.24, SEC.1. Repealed by P.L.31-1985, SEC.50.

Ind. Code § 4-22-2-3 Definitions

Sec. 3. (a) "Agency" means any officer, board, commission, department, division, bureau, committee, or other governmental entity exercising any of the executive (including the administrative) powers of state government. The term does not include the judicial or legislative departments of state government or a political subdivision as defined in IC 36-1-2-13. (b) "Rule" means the whole or any part of an agency statement of general applicability that: (1) has or is designed to have the effect of law; and (2) implements, interprets, or prescribes: (A) law or policy; or (B) the organization, procedure, or practice requirements of an agency. The term includes a fee, a fine, a civil penalty, a financial benefit limitation, or another payment amount set by an agency that otherwise qualifies as a rule. (c) "Rulemaking action" means the process of formulating or adopting a rule. The term does not include an agency action. (d) "Agency action" has the meaning set forth in IC 4-21.5-1-4. (e) "Person" means an individual, corporation, limited liability company, partnership, unincorporated association, or governmental entity. (f) "Publisher" refers to the publisher of the Indiana Register and Indiana Administrative Code, which is the legislative council, or the legislative services agency operating under the direction of the council. (g) "Unit" means a county, city, town, township, local health department, or school corporation. (h) The definitions in this section apply throughout this article. Formerly: Acts 1945, c.120, s.3; Acts 1967, c.183, s.1. As amended by Acts 1977, P.L.38, SEC.2; Acts 1978, P.L.17, SEC.1; Acts 1979, P.L.25, SEC.1; Acts 1980, P.L.74, SEC.6; Acts 1982, P.L.27, SEC.1; P.L.31-1985, SEC.1; P.L.7-1987, SEC.5; P.L.8-1993, SEC.28; P.L.249-2023, SEC.8; P.L.93-2024, SEC.8.

Ind. Code § 4-22-2-4 Repealed

Formerly: Acts 1945, c.120, s.4. As amended by Acts 1977, P.L.38, SEC.3. Repealed by P.L.31-1985, SEC.50.

Ind. Code § 4-22-2-5 Repealed

Formerly: Acts 1945, c.120, s.5. As amended by Acts 1977, P.L.38, SEC.4; Acts 1979, P.L.24, SEC.2; Acts 1981, P.L.37, SEC.1. Repealed by P.L.31-1985, SEC.50.

Ind. Code § 4-22-2-6 Repealed

Formerly: Acts 1945, c.120, s.6. As amended by P.L.5-1984, SEC.174. Repealed by P.L.31-1985, SEC.50.

Ind. Code § 4-22-2-7.1 Repealed

As added by Acts 1977, P.L.38, SEC.5. Amended by Acts 1978, P.L.16, SEC.2; Acts 1981, P.L.37, SEC.3; Acts 1982, P.L.27, SEC.2. Repealed by P.L.31-1985, SEC.50.

Ind. Code § 4-22-2-11 Repealed

Formerly: Acts 1945, c.120, s.11. As amended by Acts 1977, P.L.38, SEC.7; Acts 1978, P.L.16, SEC.3; Acts 1981, P.L.37, SEC.4; Acts 1982, P.L.27, SEC.3. Repealed by P.L.31-1985, SEC.50.

Ind. Code § 4-22-2-12 Repealed

As added by Acts 1977, P.L.38, SEC.6. Amended by Acts 1978, P.L.16, SEC.4; Acts 1981, P.L.37, SEC.5. Repealed by P.L.31-1985, SEC.50.

Ind. Code § 4-22-2-13 Application of chapter

Sec. 13. (a) Subject to subsections (b), (c), and (d), this chapter applies to the addition, amendment, or repeal of a rule in every rulemaking action. (b) This chapter does not apply to the following agencies: (1) Any military officer or board. (2) Any state educational institution. (c) This chapter does not apply to a rulemaking action that results in any of the following rules: (1) A resolution or directive of any agency that relates solely to internal policy, internal agency organization, or internal procedure and does not have the effect of law. (2) A restriction or traffic control determination of a purely local nature that: (A) is ordered by the commissioner of the Indiana department of transportation; (B) is adopted under IC 9-20-1-3(d), IC 9-21-4-7, or IC 9-20-7; and (C) applies only to one (1) or more particularly described intersections, highway portions, bridge causeways, or viaduct areas. (3) A rule adopted by the secretary of state under IC 26-1-9.1-526. (4) An executive order or proclamation issued by the governor. (5) A rule adopted by the board of trustees of the Indiana public retirement system, as provided in IC 5-10.5-4-2. However, the board shall submit rules adopted by the board to the publisher for publication in the Indiana Register. (d) Except as specifically set forth in IC 13-14-9: (1) IC 13-14-9 provides supplemental procedures for notice and public comment concerning proposed rules for the boards listed in IC 13-14-9-1; and (2) the department of environmental management and the boards listed in IC 13-14-9-1 shall comply with the procedures in IC 13-14-9 in lieu of complying with sections 26, 27, and 29 (except section 29(c)) of this chapter. In adopting rules, all other provisions of IC 4-22-2 apply to these agencies. As added by P.L.31-1985, SEC.2. Amended by P.L.18-1990, SEC.8; P.L.2-1991, SEC.21; P.L.34-1993, SEC.1; P.L.44-1995, SEC.1; P.L.1-1996, SEC.28; P.L.57-2000, SEC.1; P.L.2-2007, SEC.52; P.L.249-2023, SEC.9.

Ind. Code § 4-22-2-14 Procedural rights and duties

Sec. 14. This chapter creates only procedural rights and imposes only procedural duties. These procedural rights and duties are in addition to those created and imposed by other law. As added by P.L.31-1985, SEC.3.

Ind. Code § 4-22-2-15 Delegation of rulemaking actions

Sec. 15. Any rulemaking action that this chapter allows or requires an agency to perform, other than final adoption of a rule under section 29, 37.1, or 37.2 of this chapter or IC 13-14-9, may be performed by the individual or group of individuals with the statutory authority to adopt rules for the agency, a member of the agency's staff, or another agent of the agency. Final adoption of a rule under section 29, 37.1, or 37.2 of this chapter or IC 13-14-9, including readoption of a rule that is subject to sections 23 through 36 or to section 37.1 of this chapter and recalled for further consideration under section 40 of this chapter, may be performed only by the individual or group of individuals with the statutory authority to adopt rules for the agency. As added by P.L.31-1985, SEC.4. Amended by P.L.1-1991, SEC.15; P.L.249-2023, SEC.10; P.L.93-2024, SEC.9.

Ind. Code § 4-22-2-16 "Governing body", "public agency", and "official action" defined

Sec. 16. For the purposes of this section, "governing body", "public agency", and "official action" have the meanings set forth in IC 5-14-1.5. When a governing body of a public agency performs an official action under this chapter, the agency shall comply with IC 5-14-1.5 (the Open Door Law). As added by P.L.31-1985, SEC.5.

Ind. Code § 4-22-2-17 Public access to rules and proposed rules; remote webcast hearings

Sec. 17. (a) IC 5-14-3 applies to the text of a rule that an agency intends to adopt from the earlier of the date that the agency takes any action under section 23 of this chapter, otherwise notifies the public of its intent to adopt a rule under any statute, or adopts the rule. (b) IC 5-14-3 applies both to a rule and to the full text of a matter directly or indirectly incorporated by reference into the rule. (c) Subject to subsection (e), after June 30, 2023, a public hearing or other public meeting in which an agency receives comments concerning a rulemaking action from the general public must be webcast on the state website during the hearing or meeting for the public to view the proceedings. Webcasts must be archived as public records on the state website. (d) Subject to subsection (e), after June 30, 2023, an agency that conducts a public hearing or other public meeting at which the agency receives comments concerning a rulemaking action from the general public must provide a method by which members of the public can attend and comment remotely. (e) The office of management and budget in consultation with the office of technology and the publisher shall establish how and where webcasts will be available, how agencies will provide opportunities for the general public to attend and comment remotely, and where notices of upcoming webcasts will be posted. The governor, by executive order, may delay the implementation of subsection (c) or (d), or both, for one (1) or more agencies if the governor finds that implementation of subsection (c) or (d), or both, is not technically feasible. The governor shall include specific findings concerning the reasons for a delay in the executive order. A delay under this subsection may not extend beyond December 31, 2025. (f) Inadequacy or insufficiency of webcasting, archive of webcasting, or remote access under this section or a statement in a notice of the availability of webcasting, archive of webcasting, or remote access does not invalidate a rulemaking action. As added by P.L.31-1985, SEC.6. Amended by P.L.249-2023, SEC.11.

Ind. Code § 4-22-2-17.5 Distribution of electronic documents submitted to the publisher

Sec. 17.5. (a) The legislative services agency shall provide electronic summaries or electronic copies of documents submitted to the publisher under this article or IC 13-14-9 to legislators and legislative committees in the manner and on the schedule specified by the legislative council or the personnel subcommittee of the legislative council acting for the legislative council. (b) If requested in the manner specified by the legislative council or the personnel subcommittee of the legislative council acting for the legislative council, an agency shall provide to the legislative services agency any data, studies, or analyses relied on by the agency to develop a regulatory analysis or a revised regulatory analysis. The agency shall comply with any policies adopted by the legislative council or the personnel subcommittee of the legislative council governing the format, timing, and manner of delivery of the data, studies, or analyses. As added by P.L.249-2023, SEC.12.

Ind. Code § 4-22-2-18 Joint rules

Sec. 18. (a) If more than one (1) agency is required by statute to adopt the same rule, the agencies may publish a joint notice of a public hearing and conduct a joint public hearing. However, each agency shall separately draft and adopt a rule that covers the same subject matter. (b) If an agency is authorized to adopt a rule and one (1) or more agencies are required to approve the rule, only the agency that is authorized to adopt the rule is required to comply with this chapter. As added by P.L.31-1985, SEC.7.

Ind. Code § 4-22-2-19 Action preceding effectiveness of authorizing statute

Sec. 19. (a) This section does not apply to the adoption of rules required to receive or maintain: (1) delegation; (2) primacy; or (3) approval; for state implementation or operation of a program established under federal law. (b) If an agency will have statutory authority to adopt a rule at the time that the rule becomes effective, the agency may conduct any part of its rulemaking action before the statute authorizing the rule becomes effective. However, an agency shall: (1) begin a rulemaking process needed to implement the statutory change not later than sixty (60) days after the effective date of the statute that authorizes the rule; or (2) if an agency cannot comply with subdivision (1), provide electronic notice to the publisher stating the reasons for the agency's noncompliance. (c) For purposes of this section, a rulemaking process is commenced when: (1) the agency publishes a proposed rule under section 23 or 37.2 of this chapter; or (2) in the case of a change in a statute described in section 38 of this chapter, the agency files with the publisher a rule document under section 38 of this chapter. Except as otherwise provided in IC 4-22-2.3, if an interim rulemaking procedure is commenced under section 37.2 of this chapter, the agency shall commence a permanent rulemaking process under section 23 of this chapter before the adopted interim rule expires. As added by P.L.31-1985, SEC.8. Amended by P.L.44-1995, SEC.2; P.L.215-2005, SEC.1; P.L.123-2006, SEC.2; P.L.53-2014, SEC.56; P.L.249-2023, SEC.13.

Ind. Code § 4-22-2-19.1 Retroactive changes affecting taxpayer liability

Sec. 19.1. A state agency may not retroactively apply a change in the agency's interpretation of a statute, regulation, or one of the agency's information bulletins, if that change increases a taxpayer's liability for a state tax or a property tax. As added by P.L.17-1996, SEC.1.

Ind. Code § 4-22-2-19.5 Standards for rules

Sec. 19.5. (a) To the extent possible, a rule adopted under this article or IC 13-14-9 shall comply with the following: (1) Minimize the expenses to: (A) regulated entities that are required to comply with the rule; (B) persons who pay taxes or pay fees for government services affected by the rule; and (C) consumers of products and services of regulated entities affected by the rule. (2) Achieve the regulatory goal in the least restrictive manner. (3) Avoid duplicating standards found in state or federal laws. (4) Be written for ease of comprehension. (5) Have practicable enforcement. (b) Subsection (a) does not apply to a rule that must be adopted in a certain form to comply with federal law. As added by P.L.17-1996, SEC.2. Amended by P.L.249-2023, SEC.14.

Ind. Code § 4-22-2-19.6 Adoption of a rule that includes a fee, fine, or civil penalty; requirements; effect of nonconformity

Sec. 19.6. (a) A rule adopted under this article or IC 13-14-9 that includes a fee, fine, or civil penalty must comply with this section. Subsections (b), (c), and (d) do not apply to a rule that must be adopted in a certain form to comply with federal law. (b) For each fee, fine, or civil penalty imposed by an agency that is not set as a specific amount in a state law, a rule must describe the circumstances for which the agency will assess a fee, fine, or civil penalty and set forth the amount of the fee, fine, or civil penalty: (1) as a specific dollar amount; (2) under a formula by which a specific dollar amount can be reasonably calculated by persons regulated or otherwise affected by the rule; or (3) as a range of potential dollar amounts, stating the factors that the agency will utilize to set a specific dollar amount in an individual case with sufficient certainty that a review of an agency action under IC 4-21.5 or comparable process can evaluate whether the amount was reasonable. A rule concerning fines or civil penalties does not prohibit an agency to enter into a settlement agreement with a person against whom a fine or civil penalty is being assessed to determine the fine or civil penalty to be paid for a violation. (c) The amount of a fee must be reasonably based on the amount necessary to carry out the purposes for which the fee is imposed. (d) An agency setting a fine or civil penalty shall consider the following: (1) Whether the violation has a major or minor impact on the health, safety, or welfare of a person, the health or safety of animals or natural resources, or other facts set forth in the agency's rule. (2) The number of previous violations committed by the offender of laws, rules, or programs administered by the agency. (3) The need for deterrence of future violations. (4) Whether the conduct, if proved beyond a reasonable doubt, would constitute a criminal offense, and the level of penalty set by law for the criminal offense. (e) An agency is not liable for a fee, fine, or civil penalty that is not in conformity with this section if: (1) the fee, fine, or civil penalty was included in a rule that became effective before January 1, 2023, and that otherwise complies with subsection (b); (2) the fee, fine, or civil penalty was: (A) set by an agency before January 1, 2023; (B) reviewed by the budget committee: (i) in the case of the department of environmental management, the boards listed in IC 13-14-9-1, the natural resources commission, the department of natural resources, the Indiana gaming commission, and the Indiana horse racing commission, before December 31, 2023; and (ii) in the case of an agency not described in item (i), before July 1, 2024; and (C) included in a rule that complies with this section and becomes effective before: (i) in the case of the department of environmental management, the boards listed in IC 13-14-9-1, the natural resources commission, the department of natural resources, the Indiana gaming commission, and the Indiana horse racing commission, December 31, 2024; and (ii) in the case of an agency not described in item (i), July 1, 2025; or (3) the agency withdraws or otherwise ceases to enforce or apply the fee, fine, or civil penalty before: (A) in the case of the department of environmental management, the boards listed in IC 13-14-9-1, the natural resources commission, the department of natural resources, the Indiana gaming commission, and the Indiana horse racing commission, December 31, 2023; and (B) in the case of an agency not described in clause (A), July 1, 2024. Readoption without changes under IC 4-22-2.6 of a nonconforming fee, fine, or civil penalty that meets the requirements of subdivision (1) or (2) does not invalidate the nonconforming fee, fine, or civil penalty. (f) Beginning January 1, 2024, an agency shall post on its website a schedule of fines and civil penalties that apply to violations of laws, rules, and requirements of federal programs administered by the agency. As added by P.L.249-2023, SEC.15. Amended by P.L.128-2024, SEC.16.

Ind. Code § 4-22-2-19.7 Agency rules; public comment

Sec. 19.7. An agency, to the extent feasible and permitted by law, shall afford the public a meaningful opportunity to comment on proposed rules through the agency's website. An agency shall consider providing a comment period that exceeds the minimum required by law. As added by P.L.152-2012, SEC.5. Amended by P.L.1-2025, SEC.23.

Ind. Code § 4-22-2-20 Submission of rules and other documents; form

Sec. 20. (a) Whenever an agency submits a rule to the publisher, the attorney general, or the governor under this chapter, the agency shall submit the rule in the form of a written document that: (1) is clear, concise, and easy to interpret and to apply; and (2) uses the format, numbering system, standards, and techniques established under section 42 of this chapter. (b) After June 30, 2006, all documents submitted to the publisher under this chapter must be submitted electronically in the format specified by the publisher. As added by P.L.31-1985, SEC.9. Amended by P.L.215-2005, SEC.2; P.L.123-2006, SEC.3; P.L.291-2013, SEC.5; P.L.53-2014, SEC.57.

Ind. Code § 4-22-2-21 Incorporation by reference

Sec. 21. (a) If incorporation of the text in full would be cumbersome, expensive, or otherwise inexpedient, an agency may incorporate by reference into a rule part or all of any of the following matters: (1) A federal or state statute, rule, or regulation. (2) A code, manual, or other standard adopted by an agent of the United States, a state, or a nationally recognized organization or association. (3) A manual of the department of local government finance adopted in a rule described in IC 6-1.1-31-9. (4) The following requirements: (A) The schedule, electronic formatting, and standard data, field, and record coding requirements for: (i) the electronic data file under IC 6-1.1-4-25 concerning the parcel characteristics and parcel assessments of all parcels and personal property return characteristics and assessments; and (ii) the electronic data file under IC 36-2-9-20 concerning the tax duplicate. (B) The schedule, electronic formatting, and standard data, field, and record coding requirements for data required to be submitted under IC 6-1.1-5.5-3 or IC 6-1.1-11-8. (C) Data export and transmission format requirements for information described in clauses (A) and (B). (b) Each matter incorporated by reference under subsection (a) must be fully and exactly described. (c) An agency may refer to a matter that is directly or indirectly referred to in a primary matter by fully and exactly describing the primary matter. (d) Except as otherwise provided in this article, whenever an agency submits a rule to the attorney general, the governor, or the publisher under this chapter, the agency shall also submit a copy of the full text of each matter incorporated by reference under subsection (a) into the rule, other than the following: (1) An Indiana statute or rule. (2) A form or instructions for a form numbered by the Indiana archives and record administration under IC 5-15-5.1-6. (3) The source of a statement that is quoted or paraphrased in full in the rule. (4) Any matter that has been previously filed with the: (A) secretary of state before July 1, 2006; or (B) publisher after June 30, 2006. (5) Any matter referred to in subsection (c) as a matter that is directly or indirectly referred to in a primary matter. (e) An agency may comply with subsection (d) by submitting a paper or an electronic copy of the full text of the matter incorporated by reference. As added by P.L.31-1985, SEC.10. Amended by P.L.34-1993, SEC.2; P.L.6-1997, SEC.4; P.L.90-2002, SEC.9; P.L.28-2004, SEC.43; P.L.123-2006, SEC.4; P.L.149-2016, SEC.10; P.L.204-2016, SEC.7; P.L.249-2023, SEC.16.

Ind. Code § 4-22-2-22 Attorney general as legal advisor

Sec. 22. The attorney general is the legal advisor to all agencies in the drafting and preparation of rules. As added by P.L.31-1985, SEC.11.

Ind. Code § 4-22-2-22.5 Agency rulemaking docket

Sec. 22.5. (a) This section applies to a rule that an agency intends to: (1) adopt under sections 23 through 36 of this chapter or section 37.2 of this chapter; (2) adopt under IC 13-14-9; or (3) readopt under IC 4-22-2.6. (b) As used in this section, "pending rulemaking action" means any rulemaking action in which: (1) either: (A) a notice of a public comment period has been published under section 23 or 37.2 of this chapter; (B) a rulemaking action has been commenced under IC 13-14-9; or (C) a rulemaking action has been commenced under IC 4-22-2.6; and (2) the rule has not become effective under section 36 of this chapter. (c) Each agency shall maintain a current rulemaking docket that is indexed. (d) A current rulemaking docket must list each pending rulemaking action. The docket must state or contain: (1) the subject matter of the proposed rule; (2) notices related to the proposed rule, or links to the Indiana Register where these notices may be viewed; (3) how comments may be made; (4) the time within which comments may be made; (5) where comments and the agency's written response to those comments may be inspected; (6) the date, time, and place where a public hearing required under: (A) section 26 of this chapter; or (B) IC 13-14-9; will be held; (7) a description of relevant scientific and technical findings related to the proposed rule, if applicable; and (8) a reasonable estimate of the timetable for action, updated periodically as circumstances change, if necessary. (e) The agency shall maintain the rulemaking docket on the agency's website. The information must be in an open format that can be easily searched and downloaded. Access to the docket shall, to the extent feasible and permitted by law, provide an opportunity for public comment on the pertinent parts of the rulemaking docket, including relevant scientific and technical findings. Upon request, the agency shall provide a written rulemaking docket. As added by P.L.152-2012, SEC.6. Amended by P.L.72-2014, SEC.7; P.L.249-2023, SEC.17.

Ind. Code § 4-22-2-22.7 Regulatory analysis for proposed rules

Sec. 22.7. (a) Before complying with section 22.8, 37.1, or 37.2 of this chapter, an agency shall conduct a regulatory analysis for the proposed rule that complies with the requirements of this section. (b) The office of management and budget shall set standards for the criteria, analytical method, treatment technology, economic, fiscal, and other background data to be used by an agency in the regulatory analysis. The regulatory analysis must be submitted in a form that can be easily loaded into commonly used business analysis software and published in the Indiana Register using the format jointly developed by the publisher, the office of management and budget, and the budget agency. The office of management and budget may provide more stringent requirements for rules with fiscal impacts and costs above a threshold amount determined by the office of management and budget. (c) At a minimum, the regulatory analysis must include findings and any supporting data, studies, or analyses prepared for a rule that demonstrate compliance with the following: (1) The cost benefit requirements in IC 4-3-22-13. (2) Each of the standards in section 19.5 of this chapter. (3) If applicable, the requirements for fees, fines, and civil penalties in section 19.6 of this chapter. (4) The annual economic impact on small businesses statement required under IC 4-22-2.1-5. (5) If applicable, the information required under IC 13-14-9-4. (6) A determination whether the combined implementation and compliance costs of a proposed rule are at least five hundred thousand dollars ($500,000) for businesses, units, and individuals over any two (2) year period. (7) Any requirement under any other law to conduct an analysis of the cost, benefits, economic impact, or fiscal impact of a rule, if applicable. (d) The regulatory analysis must include a statement justifying any requirement or cost that is: (1) imposed on a regulated entity under the rule; and (2) not expressly required by: (A) the statute authorizing the agency to adopt the rule; or (B) any other state or federal law. The statement required under this subsection must include a reference to any data, studies, or analyses relied upon by the agency in determining that the imposition of the requirement or cost is necessary. (e) Except as provided in subsection (f), if the implementation and compliance costs of a proposed rule are expected to exceed the threshold set forth in subsection (c)(6), the publisher may not publish the proposed rule until the budget committee has reviewed the rule. (f) Subsection (e) does not apply to a proposed rule if the proposed rule is: (1) a provisional rule that was issued as the result of the governor declaring an emergency under IC 10-14-3 and is only valid during the emergency; (2) a provisional or interim rule that complies only with the requirements of a: (A) federal law; (B) federal regulation; or (C) federal grant or loan program; or (3) an interim rule that incorporates a new or updated: (A) building; (B) equipment; (C) firefighting; (D) safety; or (E) professional; code. (g) If an agency has made a good faith effort to comply with this section, a rule is not invalid solely because the regulatory analysis for the proposed rule is insufficient or inaccurate. As added by P.L.249-2023, SEC.18. Amended by P.L.93-2024, SEC.10; P.L.102-2026, SEC.2.

Ind. Code § 4-22-2-22.8 Submission or regulatory analysis for proposed rule; requirements; review process; implementation and compliance costs exceeding threshold; revised regulatory analysis

Sec. 22.8. (a) After conducting a regulatory analysis under section 22.7 of this chapter, if an agency elects to adopt a rule subject to section 23 of this chapter or IC 13-14-9, the agency shall submit a request to the budget agency and the office of management and budget to authorize commencement of the public comment periods under this chapter or IC 13-14-9 (as applicable). The request must include the following: (1) A general description of the subject matter of the proposed rule. (2) The full text of the proposed rule (including a copy of any matter incorporated by reference under section 21 of this chapter) in the form required by the publisher, including citations to any related authorizing and affected Indiana statutes. (3) The regulatory analysis, including supporting data, prepared under section 22.7 of this chapter. (4) Any other information required by the office of management and budget. (b) The budget agency and the office of management and budget shall expedite the review of the request to adopt a rule. The budget agency and the office of management and budget may do the following: (1) Return the request to the agency with a statement describing any additional information needed to authorize or disapprove further rulemaking actions on one (1) or more of the rules in the request. (2) Authorize the commencement of the public comment periods on one (1) or more of the rules in the request with or without changes. (3) Disapprove commencement of the public comment periods on one (1) or more of the rules with a statement of reasons for the disapproval. (c) If an agency has requested authorization for more than one (1) rule in the same request, the budget agency and the office of management and budget may make separate determinations with respect to some or all of the rules in the request. Approval of a request shall be treated as a determination that the review conducted and findings made by the agency comply with the requirements of section 22.7 of this chapter and this section. The budget agency and the office of management and budget may not approve any part of a proposed rule that adds or amends language to increase or expand application of a fee, fine, or civil penalty or a schedule of fees, fines, or civil penalties before submitting the proposed rule to the budget committee for review. (d) If the implementation and compliance costs of a proposed rule are expected to exceed the threshold set forth in section 22.7(c)(6) of this chapter, the office of management and budget shall submit the rule to the legislative council, in an electronic format under IC 5-14-6, within thirty (30) days of completing the review of the regulatory analysis. The chairperson of the legislative council shall inform members of the budget committee of a rule submitted under this subsection. The budget agency and the office of management and budget may not approve any part of a proposed rule covered by this subsection prior to review of the proposed rule by the budget committee. (e) Notice of the determination shall be provided to the agency in an electronic format required by the publisher. The budget agency and the office of management and budget may return to the agency any copy of a matter incorporated by reference under section 21 of this chapter that was submitted with the request. (f) If an agency revises a proposed rule after the budget agency and the office of management and budget authorize commencement of the public comment periods, the agency must obtain a new notice of determination under subsection (e). The agency shall resubmit to the budget agency and the office of management and budget the revised proposed rule and a revised regulatory analysis with sufficient information for the budget agency and the office of management and budget to determine the impact the revisions have on the regulatory analysis previously reviewed by the budget agency and the office of management and budget. After obtaining a new notice of determination, the agency shall submit to the publisher the new notice of determination, the revised proposed rule, and the revised regulatory analysis. As added by P.L.249-2023, SEC.19. Amended by P.L.93-2024, SEC.11; P.L.1-2025, SEC.24.

Ind. Code § 4-22-2-23 Notice of first public comment period; solicitation of comments; publication

Sec. 23. (a) An agency shall provide notice in the Indiana Register of the first public comment period required by this section. To publish notice of the first public comment period in the Indiana Register, the agency must submit the following to the publisher: (1) A statement of the date, time, and place at which the hearing required by section 26 of this chapter will be convened, including information for how to attend the public hearing remotely. (2) The full text of the agency's proposed rule in the form required by section 20 of this chapter and the documents required by section 21 of this chapter. (3) The latest version of the regulatory analysis submitted to the budget agency and the office of management and budget under section 22.8 of this chapter. (4) The determination of the budget agency and the office of management and budget authorizing commencement of the public comment periods. (5) If the proposed rule adds or amends language to increase or expand application of a fee, fine, or civil penalty or a schedule of fees, fines, or civil penalties, the agenda of the budget committee meeting at which the rule was scheduled for review. (6) If the proposed rule is expected to exceed the threshold set forth in section 22.7(c)(6) of this chapter, the agenda of the budget committee meeting at which the rule was scheduled for review. (7) The notice required under subsection (b). (b) The notice of the first public comment period must include the following: (1) A general description of the subject matter of the proposed rule. (2) An overview of the intent and scope of the proposed rule and the statutory authority for the rule. (3) The latest version of the regulatory analysis submitted to the budget agency and the office of management and budget under section 22.8 of this chapter, excluding any appendices containing any data, studies, or analyses referenced in the regulatory analysis. (4) Information concerning where, when, and how a person may submit written comments on the proposed rule, including contact information concerning the small business regulatory coordinator required by section 28.1 of this chapter. (5) Information concerning where, when, and how a person may inspect and copy the regulatory analysis, and any data, studies, or analyses referenced under subdivision (3). (6) Information concerning where, when, and how a person may inspect any documents incorporated by reference into the proposed rule under section 21 of this chapter. (7) An indication that, if the agency does not receive any substantive comments during the public comment period or public hearing, the agency may adopt a rule that is the same as or does not substantially differ from the text of the proposed rule published under this section. Inadequacy or insufficiency of the published description or regulatory analysis in a notice published under this section does not invalidate a rulemaking action. (c) Although the agency may comply with the publication requirements of this section on different days, the agency must comply with all of the publication requirements of this section at least thirty (30) days before the public hearing required by section 26 of this chapter is convened. (d) The publisher shall review materials submitted under this section and determine the date that the publisher intends to publish the text of the proposed rule and the notice in the Indiana Register. If the submitted material complies with this section, the publisher shall establish the intended publication date, assign a document control number to the proposed rule, and provide a written or an electronic mail authorization to proceed to the agency. The publisher shall publish the following in the Indiana Register on the intended publication date: (1) The notice of the first public comment period, including any information required under IC 13-14-9-4 (if applicable). (2) The full text of the agency's proposed rule (excluding the full text of a matter incorporated by reference under section 21 of this chapter). As added by P.L.31-1985, SEC.12. Amended by P.L.44-1995, SEC.3; P.L.1-1996, SEC.29; P.L.215-2005, SEC.3; P.L.152-2012, SEC.7; P.L.249-2023, SEC.20; P.L.93-2024, SEC.12.

Ind. Code § 4-22-2-23.1 Solicitation of comments

Sec. 23.1. Before or after an agency submits a request to the budget agency and the office of management and budget under section 22.8 of this chapter, the agency may solicit comments from all or any segment of the public on the need for a rule, the drafting of a rule, or any other subject related to a rulemaking action. The procedures that the agency may use include the holding of conferences and the inviting of written suggestions, facts, arguments, or views. An agency's failure to consider comments received under this section does not invalidate a rule subsequently adopted. As added by P.L.44-1995, SEC.4. Amended by P.L.123-2006, SEC.5; P.L.249-2023, SEC.21.

Ind. Code § 4-22-2-24 Second public comment period; notice requirements; publication of notice

Sec. 24. (a) If: (1) an agency receives substantive comments during the first public comment period or the public hearing under section 23 of this chapter; or (2) the rule establishes a requirement or limitation that is more stringent than an applicable federal requirement or limitation; the agency must conduct a second public comment period under this section. (b) To publish a notice of the second public comment period in the Indiana Register, the agency must submit the following to the publisher: (1) The full text of the agency's proposed rule in the form required by section 20 of this chapter. The agency also shall submit the documents required by section 21 of this chapter (if the agency has not previously provided the publisher with the documents). The publisher shall determine the number of copies of the rule and other documents to be submitted under this subdivision. (2) The notice required under subsection (c). (c) The agency shall include the following in the second public comment period notice published in the Indiana Register: (1) A statement of the date, time, and place at which the public hearing required by section 26 of this chapter will be convened, including information for how to attend the hearing remotely. (2) A general description of the subject matter of the proposed rule. (3) A summary of the written comments received by the agency during the first public comment period and a summary of the response of the agency to written comments submitted under section 23 of this chapter during the first public comment period. (4) Either a statement indicating that no changes in the regulatory analysis have been made from the version of the regulatory analysis published under section 23 of this chapter or the latest version of the regulatory analysis (excluding any appendices containing any data, studies, or analyses referenced in the regulatory analysis) submitted to the budget agency and the office of management and budget under section 22.8 of this chapter, if any changes have been made in the regulatory analysis after submitting the material to the publisher under section 23 of this chapter. (5) An explanation of any differences between the text of the proposed rule published for the first public comment period under section 23 of this chapter and the text of the proposed rule published for the second public comment period under this section. (6) Information concerning where, when, and how a person may submit written comments on the proposed rule, including contact information concerning the small business regulatory coordinator required by section 28.1 of this chapter. (7) Information concerning where, when, and how a person may inspect and copy the regulatory analysis and any data, studies, or analyses referenced in a regulatory analysis referenced in subdivision (4). (8) Information concerning where, when, and how a person may inspect any documents incorporated by reference into the proposed rule under section 21 of this chapter. (9) An indication that the notice is for the second of two (2) thirty (30) day periods in which the public may comment on the proposed rule and that following the second public comment period the agency may adopt a version of the proposed rule that is the same as or does not substantially differ from the text of the proposed rule published under this section. Inadequacy or insufficiency of the published description or regulatory analysis in a notice published under this section does not invalidate a rulemaking action. (d) Although the agency may comply with the publication requirements in this section on different days, the agency must comply with all of the publication requirements in this section at least thirty (30) days before the public hearing required by section 26 of this chapter is convened. (e) The publisher shall review materials submitted under this section and determine the date that the publisher intends to include the material in the Indiana Register. If the submitted material complies with this section, the publisher shall establish the intended publication date, assign a document control number to the proposed rule, and provide a written or an electronic mail authorization to proceed to the agency. The publisher shall publish the following in the Indiana Register on the intended publication date: (1) The notice of the second public comment period, including any information required under IC 13-14-9-4 (if applicable). (2) The full text of the agency's proposed rule (excluding the full text of a matter incorporated by reference under section 21 of this chapter). As added by P.L.31-1985, SEC.13. Amended by P.L.188-2005, SEC.1; P.L.215-2005, SEC.4; P.L.239-2005, SEC.1; P.L.1-2006, SEC.71; P.L.249-2023, SEC.22.

Ind. Code § 4-22-2-25 Limitation on time in which to adopt rule

Sec. 25. (a) An agency has one (1) year from the date that it publishes a notice in the Indiana Register of the first public comment period under section 23 of this chapter to comply with sections 23 through 33 of this chapter and obtain the approval or deemed approval of the governor. If an agency determines that a rule cannot be adopted within one (1) year after the publication of the notice of the first public comment period under section 23 of this chapter, the agency shall, before the two hundred fiftieth day following the publication of the notice of the first public comment period under section 23 of this chapter, notify the publisher by electronic means: (1) the reasons why the rule was not adopted and the expected date the rule will be completed; and (2) the expected date the rule will be approved or deemed approved by the governor or withdrawn under section 41 of this chapter. (b) If a rule is not approved before the later of: (1) one (1) year after the agency publishes notice of the first public comment period under section 23 of this chapter; or (2) the expected date contained in a notice concerning the rule that is provided to the publisher under subsection (a); a later approval or deemed approval is ineffective, and the rule may become effective only through another rulemaking action initiated under this chapter. As added by P.L.31-1985, SEC.14. Amended by P.L.44-1995, SEC.5; P.L.123-2006, SEC.6; P.L.53-2014, SEC.58; P.L.5-2015, SEC.6; P.L.249-2023, SEC.23.

Ind. Code § 4-22-2-26 Public hearings

Sec. 26. (a) After the notices and the text of an agency's proposed rule are published under sections 23 and (if applicable) 24 of this chapter, the agency shall conduct a public hearing on the proposed rule. (b) The agency shall convene the public hearing on the date and at the time and place stated in its notices and include an option for remote attendance. (c) The agency may conduct the public hearing in any informal manner that allows for an orderly presentation of comments and avoids undue repetition. However, the agency shall afford any person attending the public hearing an adequate opportunity to comment on the agency's proposed rule through the presentation of oral and written facts or argument. (d) The agency may recess the public hearing and reconvene it on a different date or at a different time or place by: (1) announcing the date, time, and place of the reconvened public hearing in the original public hearing before its recess; and (2) recording the announcement in the agency's record of the public hearing. (e) An agency that complies with subsection (d) is not required to give any further notice of a public hearing that is to be reconvened. As added by P.L.31-1985, SEC.15. Amended by P.L.249-2023, SEC.24.

Ind. Code § 4-22-2-27 Consideration of comments received at public hearings

Sec. 27. The individual or group of individuals who will finally adopt the rule under section 29 of this chapter shall fully consider comments received by the agency during each public comment period and comments received at the public hearings required by sections 23, 24, and 26 of this chapter and may consider any other information before adopting the rule. Attendance at the public hearing or review of a written record or summary of the public hearing is sufficient to constitute full consideration. As added by P.L.31-1985, SEC.16. Amended by P.L.249-2023, SEC.25.

Ind. Code § 4-22-2-27.5 Summary of public comments received and the agency's response to the public comments; publication

Sec. 27.5. In addition to the information submitted to the attorney general under section 31 of this chapter, to the governor under section 33 of this chapter, and to the publisher under section 35 of this chapter, an agency shall submit to the attorney general, the governor, and the publisher a summary of the comments received by the agency during each public comment period and public hearing under sections 23, 24, and 26 of this chapter or IC 13-14-9 and a summary of the response of the agency to the comments. The publisher shall publish the summaries with the final adopted and approved rule. As added by P.L.249-2023, SEC.26.

Ind. Code § 4-22-2-28 Fiscal impact of rules; review

Sec. 28. (a) As used in this section, "ombudsman" refers to the small business ombudsman designated under IC 5-28-17-6. (b) The ombudsman: (1) shall review a proposed rule that imposes requirements or costs on small businesses (as defined in IC 4-22-2.1-4); and (2) may review a proposed rule that imposes requirements or costs on businesses other than small businesses (as defined in IC 4-22-2.1-4). After conducting a review under subdivision (1) or (2), the ombudsman may suggest alternatives to reduce any regulatory burden that the proposed rule imposes on small businesses or other businesses. The agency that intends to adopt the proposed rule shall respond in writing to the ombudsman concerning the ombudsman's comments or suggested alternatives before adopting the proposed rule under section 29 of this chapter. As added by P.L.31-1985, SEC.17. Amended by P.L.44-1995, SEC.6; P.L.17-1996, SEC.3; P.L.240-2003, SEC.2; P.L.4-2005, SEC.20; P.L.188-2005, SEC.2; P.L.226-2005, SEC.1; P.L.123-2006, SEC.7; P.L.110-2010, SEC.2; P.L.291-2013, SEC.6; P.L.187-2014, SEC.9; P.L.53-2014, SEC.59; P.L.5-2015, SEC.7; P.L.237-2017, SEC.8; P.L.249-2023, SEC.27; P.L.9-2024, SEC.99; P.L.93-2024, SEC.13.

Ind. Code § 4-22-2-28.1 Small business regulatory coordinator; contact information; guidance to small businesses; record of comments received; annual report

Sec. 28.1. (a) The following definitions apply throughout this section: (1) "Coordinator" refers to the small business regulatory coordinator assigned to a rule by an agency under subsection (b). (2) "Director" refers to the director or other administrative head of an agency. (3) "Small business" has the meaning set forth in IC 5-28-2-6. (b) For each rulemaking action and rule finally adopted as a result of a rulemaking action by an agency, the agency shall assign one (1) staff person to serve as the agency's small business regulatory coordinator with respect to the proposed or adopted rule. The agency shall assign a staff person to a rule under this subsection based on the person's knowledge of, or experience with, the subject matter of the rule. A staff person may serve as the coordinator for more than one (1) rule proposed or adopted by the agency if the person is qualified by knowledge or experience with respect to each rule. The first public comment period notice published under section 23 of this chapter must include the name, address, telephone number, and electronic mail address of the small business coordinator for the proposed rule, the name, address, telephone number, and electronic mail address of the small business ombudsman designated under IC 5-28-17-6, and a statement of the resources available to regulated entities through the small business ombudsman designated under IC 5-28-17-6. In the case of a rule finally adopted, the final rule, as published in the Indiana Register, must include the name, address, telephone number, and electronic mail address of the coordinator. (c) This subsection applies to a rule adopted by the department of environmental management or the board listed in IC 13-14-9-1. In addition to the information required by subsection (b), the department and a board shall include in the notice provided under section 23 of this chapter and in the publication of the final rule in the Indiana Register: (1) a statement of the resources available to regulated entities through the technical and compliance assistance program established under IC 13-28-3; and (2) if applicable, a statement of the resources available to small businesses through the small business stationary source technical assistance program established under IC 13-28-3-7. The coordinator assigned to the rule shall coordinate the provision of services required under subsection (d) and IC 13-28-3. (d) The coordinator assigned to a rule shall serve as a liaison between the agency and any small business subject to regulation under the rule. The coordinator shall provide guidance to small businesses affected by the rule on the following: (1) Any requirements imposed by the rule, including any reporting, record keeping, or accounting requirements. (2) How the agency determines or measures compliance with the rule, including any deadlines for action by regulated entities. (3) Any penalties, sanctions, or fines imposed for noncompliance with the rule. (4) Any other concerns of small businesses with respect to the rule, including the agency's application or enforcement of the rule in particular situations. (e) The coordinator assigned to a rule shall provide guidance under this section in response to questions and concerns expressed by small businesses affected by the rule. The coordinator may also issue general guidelines or informational pamphlets to assist small businesses in complying with the rule. Any guidelines or informational pamphlets issued under this subsection shall be made available: (1) for public inspection and copying at the offices of the agency under IC 5-14-3; and (2) electronically through electronic gateway access. (f) The coordinator assigned to a rule shall keep a record of all comments, questions, and complaints received from small businesses with respect to the rule. The coordinator shall deliver the record, along with any accompanying documents submitted by small businesses, to the director: (1) not later than ten (10) days after the date on which the rule is submitted to the publisher under section 35 of this chapter; and (2) before July 15 of each year during which the rule remains in effect. The coordinator and the director shall keep confidential any information concerning a small business to the extent that the information is exempt from public disclosure under IC 5-14-3-4. (g) Not later than November 1 of each year, the director shall: (1) compile the records received from all of the agency's coordinators under subsection (f); (2) prepare a report that sets forth: (A) the number of comments, complaints, and questions received by the agency from small businesses during the most recent state fiscal year, categorized by the subject matter of the rules involved; (B) the number of complaints or questions reported under clause (A) that were resolved to the satisfaction of the agency and the small businesses involved; (C) the total number of staff serving as coordinators under this section during the most recent state fiscal year; (D) the agency's costs in complying with this section during the most recent state fiscal year; and (E) the projected budget required by the agency to comply with this section during the current state fiscal year; and (3) deliver the report to the legislative council in an electronic format under IC 5-14-6 and to the small business ombudsman designated under IC 5-28-17-6. As added by P.L.239-2005, SEC.2. Amended by P.L.100-2006, SEC.2; P.L.123-2006, SEC.8; P.L.110-2010, SEC.3; P.L.133-2012, SEC.7; P.L.187-2014, SEC.10; P.L.237-2017, SEC.9; P.L.249-2023, SEC.28; P.L.135-2026, SEC.1.

Ind. Code § 4-22-2-28.2 Notice of rule violation by small businesses; immunity from liability in administrative action; corrective action required; confidentiality of information

Sec. 28.2. (a) This section applies to a violation described in subsection (c) that occurs after June 30, 2005. However, in the case of a violation of a rule adopted under IC 13-14-9 by the department of environmental management or the board (as defined in IC 13-13-8-1), the procedures set forth in IC 13-30-4-3 and IC 13-30-7 apply instead of this section. (b) As used in this section, "small business" has the meaning set forth in section 28.1(a) of this chapter. (c) Except as provided in subsection (d), a small business that voluntarily provides notice to an agency of the small business's actual or potential violation of a rule adopted by the agency under this chapter is immune from civil or criminal liability resulting from an agency action relating to the violation if the small business does the following: (1) Provides written notice of the violation to the agency not later than forty-five (45) days after the small business knew or should have known that the violation occurred. (2) Corrects the violation within a time agreed to by the agency and the small business. However, the small business shall be given at least ninety (90) days after the date of the notice described in subdivision (1) to correct the violation. The small business may correct the violation at any time before the expiration of the period agreed to under this subdivision. (3) Cooperates with any reasonable request by the agency in any investigation initiated in response to the notice. (d) A small business is not immune from civil or criminal liability relating to a violation of which the small business provides notice under subsection (c) if any of the following apply: (1) The violation resulted in serious harm or in imminent and substantial endangerment to the public health, safety, or welfare. (2) The violation resulted in a substantial economic benefit that afforded the small business a clear advantage over the small business's competitors. (3) The small business has a pattern of continuous or repeated violations of the rule at issue or any other rules of the agency. (e) Information that a small business provides under this section, including actions and documents that identify or describe the small business, to an agency in providing notice of the small business's actual or potential violation of a rule adopted by the agency is confidential, unless a clear and immediate danger to the public health, safety, or welfare or to the environment exists. Information described in this subsection may not be made available for use by the agency for purposes other than the purposes of this section without the consent of the small business. (f) Voluntary notice of an actual or a potential violation of a rule that is provided by a small business under subsection (c) is not admissible as evidence in a proceeding, other than an agency proceeding, to prove liability for the rule violation or the effects of the rule violation. As added by P.L.239-2005, SEC.3. Amended by P.L.133-2012, SEC.8; P.L.249-2023, SEC.29.

Ind. Code § 4-22-2-29 Adoption of rules; adoption of revised version of proposed rule

Sec. 29. (a) As used in this section, "small business ombudsman" refers to the small business ombudsman designated under IC 5-28-17-6. (b) After an agency has complied with sections 26, 27, and 28 of this chapter, the agency may: (1) adopt a rule that is identical to a proposed rule published in the Indiana Register under section 23 or (as applicable) 24 of this chapter; (2) subject to subsection (c), adopt a rule that consolidates part or all of two (2) or more proposed rules published in the Indiana Register under section 23 or (as applicable) 24 of this chapter and considered under section 27 of this chapter; (3) subject to subsection (c), adopt part of one (1) or more proposed rules described in subdivision (2) in two (2) or more separate adoption actions; or (4) subject to subsection (c), adopt a revised version of a proposed rule published under section 23 or (as applicable) 24 of this chapter and include provisions that did not appear in the published version, including any provisions recommended by the small business ombudsman under IC 4-22-2.1-6(a), if applicable. (c) Subject to IC 13-14-9-4.5 (if applicable), an agency may not adopt a rule that substantially differs from the version or versions of the proposed rule or rules published in the Indiana Register under section 23 or 24 of this chapter, or IC 13-14-9-14 (as applicable), unless it is a logical outgrowth of any proposed rule as supported by any written and public hearing comments submitted: (1) during the public comment period; or (2) by the small business ombudsman under IC 4-22-2.1-6(a), if applicable. As added by P.L.31-1985, SEC.18. Amended by P.L.12-1993, SEC.2; P.L.188-2005, SEC.3; P.L.109-2015, SEC.13; P.L.237-2017, SEC.10; P.L.249-2023, SEC.30.

Ind. Code § 4-22-2-31 Submission of rules to attorney general for approval

Sec. 31. After an agency has complied with section 29 of this chapter, or adopted the rule in conformity with IC 13-14-9, as applicable, the agency shall submit its rule to the attorney general for approval. The agency shall submit the following to the attorney general: (1) The rule in the form required by section 20 of this chapter. (2) The documents required by section 21 of this chapter. (3) A written or an electronic mail authorization to proceed issued by the publisher under sections 23 and 24 of this chapter or IC 13-14-9-4, IC 13-14-9-5, or IC 13-14-9-14, as applicable. (4) Any other documents specified by the attorney general. The attorney general may require the agency to submit any supporting documentation that the attorney general considers necessary for the attorney general's review under section 32 of this chapter. The agency may submit any additional supporting documentation the agency considers necessary. As added by P.L.31-1985, SEC.20. Amended by P.L.34-1993, SEC.3; P.L.1-1996, SEC.30; P.L.215-2005, SEC.5; P.L.123-2006, SEC.9; P.L.249-2023, SEC.31; P.L.93-2024, SEC.14.

Ind. Code § 4-22-2-32 Review of rule by attorney general; approval or disapproval

Sec. 32. (a) The attorney general shall review each rule submitted under section 31 of this chapter for legality. (b) In the review, the attorney general shall determine whether the rule adopted by the agency complies with the requirements under section 29 of this chapter and (if applicable) IC 13-14-9. The attorney general shall consider the following: (1) The extent to which all persons affected by the adopted rule should have understood from the published rule or rules that their interests would be affected. (2) The extent to which the subject matter of the adopted rule or the issues determined in the adopted rule are different from the subject matter or issues that were involved in the published rule or rules. (3) The extent to which the effects of the adopted rule differ from the effects that would have occurred if the published rule or rules had been adopted instead. In the review, the attorney general shall consider whether the adopted rule may constitute the taking of property without just compensation to an owner. (c) Except as provided in subsections (d) and (h), the attorney general shall disapprove a rule under this section only if it: (1) has been adopted without statutory authority; (2) has been adopted without complying with this chapter; (3) does not comply with requirements under section 29 of this chapter; or (4) violates another law. Otherwise, the attorney general shall approve the rule without making a specific finding of fact concerning the subjects. (d) If an agency submits a rule to the attorney general without complying with section 20(a)(2) of this chapter, the attorney general may: (1) disapprove the rule; or (2) return the rule to the agency without disapproving the rule. (e) If the attorney general returns a rule under subsection (d)(2), the agency may bring the rule into compliance with section 20(a)(2) of this chapter and resubmit the rule to the attorney general without readopting the rule. (f) If the attorney general determines in the course of the review conducted under subsection (b) that a rule may constitute a taking of property, the attorney general shall advise the following: (1) The governor. (2) The agency head. Advice given under this subsection shall be regarded as confidential attorney-client communication. (g) The attorney general has forty-five (45) days from the date that an agency: (1) submits a rule under section 31 of this chapter; or (2) resubmits a rule under subsection (e); to approve or disapprove the rule. If the attorney general neither approves nor disapproves the rule, the rule is deemed approved, and the agency may submit it to the governor for approval under section 33 of this chapter without the approval of the attorney general. (h) For rules adopted under IC 13-14-9, the attorney general: (1) shall determine whether the rule adopted by the agency under IC 13-14-9 meets the appropriate substantial similarity or logical outgrowth standard under section 29(c) of this chapter; and (2) may disapprove a rule under this section only if the rule: (A) has been adopted without statutory authority; (B) has been adopted without complying with this chapter or IC 13-14-9; (C) does not meet the appropriate substantial similarity or logical outgrowth standard under section 29(c) of this chapter; or (D) violates another law. As added by P.L.31-1985, SEC.21. Amended by P.L.36-1989, SEC.1; P.L.34-1993, SEC.4; P.L.12-1993, SEC.3; P.L.1-1996, SEC.31; P.L.1-2006, SEC.72; P.L.249-2023, SEC.32.

Ind. Code § 4-22-2-33 Submission of rules to governor for approval

Sec. 33. (a) After a rule has been approved or deemed approved under section 32 of this chapter, the agency shall submit the rule to the governor for approval. The agency shall submit the rule in the form required by section 20 of this chapter and with the documents required by section 21 of this chapter. (b) The agency shall submit to the governor the copies of the rule and other documents specified in section 31 of this chapter. As added by P.L.31-1985, SEC.22. Amended by P.L.215-2005, SEC.6.

Ind. Code § 4-22-2-34 Approval or disapproval of rule by governor

Sec. 34. (a) The governor may approve or disapprove a rule submitted under section 33 of this chapter with or without cause. (b) The governor has fifteen (15) days from the date that an agency submits a rule under section 33 of this chapter to approve or disapprove the rule. However, the governor may take thirty (30) days to approve or disapprove the rule if the governor files a statement with the publisher within the first fifteen (15) days after an agency submits the rule that states that the governor intends to take an additional fifteen (15) days to approve or disapprove the rule. If the governor neither approves nor disapproves the rule within the allowed period, the rule is deemed approved, and the agency may submit the rule to the publisher without the approval of the governor. As added by P.L.31-1985, SEC.23. Amended by P.L.123-2006, SEC.10.

Ind. Code § 4-22-2-35 Submission of rule to publisher for filing

Sec. 35. (a) When a rule has been approved or deemed approved by the governor within the period allowed by section 25 of this chapter, the agency shall immediately submit the rule to the publisher for filing. The agency shall submit the rule in the form required by section 20 of this chapter and with the documents required by section 21 of this chapter. (b) The agency shall submit to the publisher the copies of the rule and other documents specified in section 31 of this chapter. (c) Subject to section 39 of this chapter, the publisher shall: (1) accept the rule for filing; and (2) electronically record the date and time the rule is accepted. As added by P.L.31-1985, SEC.24. Amended by P.L.215-2005, SEC.7; P.L.123-2006, SEC.11.

Ind. Code § 4-22-2-36 Effective date of rules

Sec. 36. A rule that has been accepted for filing under section 35 of this chapter takes effect on the latest of the following dates: (1) The effective date of the statute delegating authority to the agency to adopt the rule. (2) The date that is thirty (30) days from the date and time that the rule was accepted for filing under section 35 of this chapter. (3) The effective date stated by the agency in the rule. (4) The date of compliance with every requirement established by law as a prerequisite to the adoption or effectiveness of the rule. As added by P.L.31-1985, SEC.25.

Ind. Code § 4-22-2-37 Repealed

As added by P.L.31-1985, SEC.26. Amended by P.L.11-1987, SEC.7; P.L.36-1987, SEC.1; P.L.37-1989, SEC.1; P.L.338-1989(ss), SEC.1; P.L.341-1989(ss), SEC.4. Repealed by P.L.1-1990, SEC.35.

Ind. Code § 4-22-2-37.1 Provisional rules; submission to the governor and publisher; assignment of document control number; effective date; amended provisional rule; objection

Sec. 37.1. (a) The following do not apply to a rule adopted under this section: (1) Sections 23 through 27 of this chapter or IC 13-14-9 (as applicable). (2) Sections 28 through 36 of this chapter. The amendments to this section made in the 2023 regular session of the general assembly apply to provisional rules that are accepted for filing by the publisher of the Indiana Register after June 30, 2023, regardless of whether the adopting agency initiated official action to adopt the rule by the name of emergency rule or provisional rule before July 1, 2023. An action taken before July 1, 2023, in conformity with this section (as effective after June 30, 2023) is validated to the same extent as if the action was taken after June 30, 2023. (b) An agency may adopt a rule on a subject for which the agency has rulemaking authority using the procedures in this section if the governor finds that the agency proposing to adopt the rule has demonstrated to the satisfaction of the governor that use of provisional rulemaking procedures under this section is necessary to avoid: (1) an imminent and a substantial peril to public health, safety, or welfare; (2) an imminent and a material loss of federal funds for an agency program; (3) an imminent and a material deficit; (4) an imminent and a substantial violation of a state or federal law or the terms of a federal agreement or program; (5) injury to the business or interests of the people or any public utility of Indiana as determined under IC 8-1-2-113; (6) an imminent and a substantial peril to: (A) wildlife; or (B) domestic animal; health, safety, or welfare; or (7) the spread of invasive species, pests, or diseases affecting plants. To obtain a determination from the governor, an agency must submit to the governor the text of the proposed provisional rule, the regulatory analysis required under section 22.7 of this chapter, a statement justifying the need for provisional rulemaking procedures, and any additional information required by the governor in the form and in the manner required by the governor. (c) The governor may not approve provisional rulemaking for any part of a proposed provisional rule that: (1) adds or amends language to increase or expand application of a fee, fine, or civil penalty or a schedule of fees, fines, or civil penalties; or (2) is expected to exceed the threshold set forth in section 22.7(c)(6) of this chapter; prior to the budget committee's review of the proposed provisional rule. A notice of determination by the governor shall include findings that explain the basis for the determination. The notice of determination shall be provided to the agency in an electronic format. Approval of a request shall be treated as a determination that the rule meets the criteria in subsection (b) and this subsection. (d) After the governor approves provisional rulemaking procedures for a rule but before the agency adopts the provisional rule, the agency shall obtain a document control number from the publisher. The publisher shall determine the documents and the format of the documents that must be submitted to the publisher to obtain a document control number. The agency must submit at least the following: (1) The full text of the proposed provisional rule in the form required by section 20 of this chapter. (2) The regulatory analysis submitted to the governor under subsection (b). (3) A statement justifying the need for provisional rulemaking. (4) The approval of the governor to use provisional rulemaking procedures required by law. (5) The documents required by section 21 of this chapter. (6) If the proposed provisional rule adds or amends language to increase or expand the application of a fee, fine, or civil penalty, or a schedule of fees, fines, or civil penalties, the agenda of the budget committee meeting at which the rule was scheduled for review. (7) If the proposed provisional rule is expected to exceed the threshold set forth in section 22.7(c)(6) of this chapter, the agenda of the budget committee meeting at which the rule was scheduled for review. An agency may not adopt a proposed provisional rule until after the publisher notifies the agency that the publisher has complied with subsection (e). At least ten (10) regular business days must elapse after the publisher has complied with subsection (e) before the department of natural resources, the natural resources commission, the department of environmental management, or a board that has rulemaking authority under IC 13 adopts a provisional rule. (e) Upon receipt of documents described in subsection (d), the publisher shall distribute the full text of the proposed provisional rule to legislators and legislative committees in the manner and the form specified by the legislative council or the personnel subcommittee of the legislative council acting for the legislative council. After distribution has occurred, the publisher shall notify the agency of the date that distribution under this subsection has occurred. (f) After the document control number has been assigned and the agency adopts the provisional rule, the agency shall submit the following to the publisher for filing: (1) The text of the adopted provisional rule. The agency shall submit the provisional rule in the form required by section 20 of this chapter. (2) A signature page that indicates that the agency has adopted the provisional rule in conformity with all procedures required by law. (3) The documents required by section 21 of this chapter. The publisher shall determine the format of the provisional rule and other documents to be submitted under this subsection. The substantive text of the adopted provisional rule must be substantially similar to the text of the proposed provisional rule submitted to the governor. A provisional rule may suspend but not repeal a rule approved by the governor under section 34 of this chapter. (g) Subject to subsections (d) and (f) and section 39 of this chapter, the publisher shall: (1) accept the provisional rule for filing; (2) electronically record the date and time that the provisional rule is accepted; and (3) publish the text of the: (A) adopted provisional rule; (B) regulatory analysis (excluding appendices containing data, studies, or analyses referenced in the regulatory analysis); and (C) governor's approval in the Indiana Register. (h) A provisional rule adopted by an agency under this section takes effect on the latest of the following dates: (1) The effective date of the statute delegating authority to the agency to adopt the provisional rule. (2) The date and time that the provisional rule is accepted for filing under subsection (g). (3) The effective date stated by the adopting agency in the provisional rule. (4) The date of compliance with every requirement established by law as a prerequisite to the adoption or effectiveness of the provisional rule. (5) The statutory effective date for a provisional rule set forth in law. (i) An agency may amend a provisional rule with another provisional rule by following the procedures in this section for the amended provisional rule. However, unless otherwise provided by IC 4-22-2.3, a provisional rule and all amendments of a provisional rule by another provisional rule expire not later than one hundred eighty (180) days after the initial provisional rule is accepted for filing under subsection (g). Unless otherwise provided by IC 4-22-2.3-2, the subject of the provisional rule, including all amendments to the provisional rule, may not be subsequently extended under this section or section 37.2 of this chapter. If the governor determines that the circumstance that is the basis for using the procedures under this section ceases to exist, the governor may terminate the provisional rule before the lapse of one hundred eighty (180) days. The termination is effective when filed with the publisher. The publisher shall publish the termination notice in the Indiana Register. (j) Subject to subsection (k), the attorney general or the governor may file an objection to a provisional rule that is adopted under this section not later than forty-five (45) days after the date that a provisional rule or amendment to a provisional rule is accepted for filing under subsection (g). The objection must cite the document control number for the affected provisional rule and state the basis for the objection. When filed with the publisher, the objection has the effect of invalidating the provisional rule or amendment to a provisional rule. The publisher shall publish the objection in the Indiana Register. (k) The attorney general may file a written objection to a provisional rule under subsection (j) only if the attorney general determines that the provisional rule has been adopted: (1) without statutory authority; or (2) without complying with this section. A notice of objection to a provisional rule by the attorney general must include findings that explain the basis for the determination. The notice of objection shall be provided to the agency in an electronic format. As added by P.L.1-1990, SEC.36. Amended by P.L.24-1990, SEC.1; P.L.27-1991, SEC.1; P.L.2-1991, SEC.22; P.L.28-1991, SEC.1; P.L.29-1991, SEC.1; P.L.26-1991, SEC.1; P.L.2-1992, SEC.38; P.L.24-1992, SEC.1; P.L.2-1993, SEC.36; P.L.3-1993, SEC.239; P.L.34-1993, SEC.5; P.L.35-1993, SEC.1; P.L.277-1993(ss), SEC.125; P.L.1-1994, SEC.10; P.L.16-1994, SEC.1; P.L.15-1994, SEC.1; P.L.2-1995, SEC.5; P.L.1-1995, SEC.37; P.L.45-1995, SEC.1; P.L.47-1995, SEC.1; P.L.46-1995, SEC.1; P.L.2-1996, SEC.212; P.L.1-1996, SEC.32; P.L.17-1996, SEC.4; P.L.2-1997, SEC.12; P.L.27-1997, SEC.1; P.L.79-1998, SEC.4; P.L.273-1999, SEC.160; P.L.204-2001, SEC.6; P.L.287-2001, SEC.1; P.L.283-2001, SEC.1; P.L.1-2002, SEC.10; P.L.120-2002, SEC.1; P.L.1-2003, SEC.9; P.L.235-2003, SEC.1; P.L.255-2003, SEC.1; P.L.141-2003, SEC.1; P.L.1-2004, SEC.1; P.L.23-2004, SEC.1; P.L.4-2005, SEC.21; P.L.179-2005, SEC.1; P.L.235-2005, SEC.61; P.L.47-2006, SEC.2; P.L.1-2006, SEC.73; P.L.91-2006, SEC.2; P.L.123-2006, SEC.12; P.L.1-2007, SEC.17; P.L.111-2007, SEC.1; P.L.204-2007, SEC.2; P.L.233-2007, SEC.1; P.L.218-2007, SEC.1; P.L.8-2008, SEC.1; P.L.2-2008, SEC.17; P.L.3-2008, SEC.9; P.L.90-2008, SEC.1; P.L.131-2009, SEC.1; P.L.160-2009, SEC.1; P.L.177-2009, SEC.1; P.L.1-2010, SEC.8; P.L.35-2010, SEC.2; P.L.113-2010, SEC.9; P.L.11-2011, SEC.1; P.L.42-2011, SEC.2; P.L.119-2011, SEC.1; P.L.175-2011, SEC.1; P.L.229-2011, SEC.58; P.L.25-2012, SEC.1; P.L.48-2012, SEC.2; P.L.78-2012, SEC.1; P.L.160-2012, SEC.6; P.L.77-2012, SEC.1; P.L.133-2012, SEC.9; P.L.140-2013, SEC.1; P.L.249-2023, SEC.33; P.L.93-2024, SEC.15.

Ind. Code § 4-22-2-37.2 Interim rules; submission to the governor and publisher; notice; amended interim rule; objection

Sec. 37.2. (a) The following do not apply to a rule adopted under this section: (1) Sections 23 through 27 of this chapter or IC 13-14-9 (as applicable). (2) Sections 28 through 36 of this chapter. This section as added by the 2023 regular session of the general assembly applies to interim rules that are accepted for filing by the publisher of the Indiana Register after June 30, 2023, regardless of whether the adopting agency initiated official action to adopt the interim rule before July 1, 2023. An action taken before July 1, 2023, in conformity with this section (as effective after June 30, 2023) is validated to the same extent as if the action was taken after June 30, 2023. (b) An agency may only adopt a rule on a subject for which the agency has rulemaking authority using the procedures in this section if the governor finds that the agency proposing to adopt the rule has demonstrated to the satisfaction of the governor that use of interim rulemaking procedures under this section is necessary to implement: (1) a new state or federal law or program, rule of another state agency, federal regulation, or federal grant or loan agreement, or (if used by the agency to carry out the agency's responsibilities) a building, an equipment, a firefighting, a safety, or a professional code adopted by a nationally recognized organization; (2) a change in a state or federal law or program, rule of another state agency, federal regulation, federal grant or loan agreement, or (if used by the agency to carry out the agency's responsibilities) a building, an equipment, a firefighting, a safety, or a professional code adopted by a nationally recognized organization; or (3) a category of rule authorized under IC 4-22-2.3 to be adopted as an interim rule; before the time that a final rule approved by the governor under section 34 of this chapter could reasonably take effect. (c) To obtain a determination from the governor, an agency must submit to the governor the text of the proposed interim rule, a statement justifying the need for interim rulemaking procedures, and any additional information required by the governor in the form and in the manner required by the governor. The governor may not approve interim rulemaking for any part of a proposed interim rule that: (1) adds or amends language to increase or expand application of a fee, fine, or civil penalty or a schedule of fees, fines, or civil penalties; or (2) is expected to exceed the threshold set forth in section 22.7(c)(6) of this chapter; prior to the budget committee's review of the proposed interim rule. A notice of determination by the governor shall include findings that explain the basis for the determination. The notice of determination shall be provided to the agency in an electronic format. Approval of a request shall be treated as a determination that the rule meets the criteria in this subsection. (d) To publish a notice of interim rulemaking in the Indiana Register, the agency must submit the following to the publisher: (1) The full text of the agency's proposed interim rule in the form required by section 20 of this chapter. (2) The regulatory analysis submitted to the governor under subsection (c). (3) A statement justifying the need for interim rulemaking. (4) The approval of the governor to use interim rulemaking procedures for the rule. (5) If the proposed interim rule adds or amends language to increase or expand application of a fee, fine, or civil penalty or a schedule of fees, fines, or civil penalties, the agenda of the budget committee meeting at which the rule was scheduled for review. (6) The documents required by section 21 of this chapter. (7) If the proposed interim rule is expected to exceed the threshold set forth in section 22.7(c)(6) of this chapter, the agenda of the budget committee meeting at which the rule was scheduled for review. The publisher shall review materials submitted under this section and determine the date that the publisher intends to include the material in the Indiana Register. After establishing the intended publication date, the publisher shall provide a written or an electronic mail authorization to proceed to the agency. (e) The agency shall include the following in the notice of the public comment period: (1) A general description of the subject matter of the proposed interim rule, including the document control number. (2) The full text of the agency's proposed interim rule in the form required by section 20 of this chapter (excluding the text of a matter incorporated by reference under section 21 of this chapter). (3) The regulatory analysis submitted to the governor under subsection (c) (excluding appendices containing data, studies, or analyses referenced in the regulatory analysis). (4) A statement justifying any requirement or cost that is: (A) imposed on a regulated entity under the interim rule; and (B) not expressly required by the statute authorizing the agency to adopt rules or any other state or federal law. The statement required under this subdivision must include a reference to any data, studies, or analyses relied upon by the agency in determining that the imposition of the requirement or cost is necessary. (5) Information concerning where, when, and how a person may inspect and copy any data, studies, or analyses referenced under subdivision (4). (6) Information concerning where, when, and how a person may inspect any documents incorporated by reference into the proposed interim rule under section 21 of this chapter. (7) A date that is thirty (30) days after the notice is published in the Indiana Register by which written comments are due and a statement explaining that any person may submit written comments concerning the proposed interim rule during the public comment period and instructions on when, where, and how the person may submit written comments. However, inadequacy or insufficiency of the subject matter description under subdivision (1) or a statement of justification under subdivision (4) in a notice does not invalidate a rulemaking action. An agency may continue the public comment period by publishing a subsequent notice in the Indiana Register extending the public comment period. (f) Before adopting the interim rule, the agency shall prepare a written response to comments received by the agency, including the reasons for rejecting any recommendations made in the comments. (g) After an agency has completed the public comment period and complied with subsection (f), the agency may: (1) adopt a rule that is identical to a proposed interim rule published in the Indiana Register under this section; or (2) adopt a revised version of a proposed interim rule published under this section and include provisions that did not appear in the initially published proposed version. An agency may not adopt an interim rule that substantially differs from the version of the proposed interim rule published in the Indiana Register under this section, unless it is a logical outgrowth of any proposed interim rule as supported by any written comments submitted during the public comment period. (h) After the agency adopts the interim rule, the agency shall submit the following to the publisher for filing: (1) The text of the adopted interim rule. The agency shall submit the full text of the interim rule in the form required by section 20 of this chapter. (2) A summary of the comments received by the agency during the public comment period and the agency's response to the comments. (3) A signature page that indicates that the agency has adopted the interim rule in conformity with all procedures required by law. (4) The documents required by section 21 of this chapter. The publisher shall determine the format of the interim rule and other documents to be submitted under this subsection. An interim rule may suspend but not repeal a rule approved by the governor under section 34 of this chapter. (i) Subject to subsection (h) and section 39 of this chapter, the publisher shall: (1) accept the interim rule for filing; (2) electronically record the date and time that the interim rule is accepted; and (3) publish the text of the: (A) adopted interim rule; (B) regulatory analysis (excluding appendices containing data, studies, or analyses referenced in the regulatory analysis); and (C) governor's approval in the Indiana Register. (j) An interim rule adopted by an agency under this section takes effect on the latest of the following dates: (1) The effective date of the statute delegating authority to the agency to adopt the interim rule. (2) The date and time that the interim rule is accepted for filing under subsection (i). (3) The effective date stated by the adopting agency in the interim rule. (4) The date of compliance with every requirement established by law as a prerequisite to the adoption or effectiveness of the interim rule. (5) The statutory effective date for an interim rule set forth in law. (k) An agency may amend an interim rule with another interim rule by following the procedures in this section for adoption of an interim rule. Except as provided in IC 4-22-2.3, an interim rule and all subsequent rules on the same subject adopted under section 37.1 of this chapter or this section expire not later than four hundred twenty-five (425) days after the initial interim rule is accepted for filing under subsection (i). (l) Subject to subsection (m), the attorney general or the governor may file an objection to an interim rule that is adopted under this section not later than forty-five (45) days after the date that an interim rule or amendment to an interim rule is accepted for filing under subsection (i). The objection must cite the document control number for the affected interim rule and state the basis for the objection. When filed with the publisher, the objection has the effect of invalidating the interim rule or amendment to an interim rule. The publisher shall publish the objection in the Indiana Register. (m) The attorney general may file a written objection to an interim rule under subsection (l) only if the attorney general determines that the interim rule has been adopted: (1) without statutory authority; or (2) without complying with this section. A notice of objection to an interim rule by the attorney general must include findings that explain the basis for the determination. The notice of objection shall be provided to the agency in an electronic format. As added by P.L.249-2023, SEC.34. Amended by P.L.93-2024, SEC.16.

Ind. Code § 4-22-2-38 Certain nonsubstantive rules; adoption; submission to publisher; document control number; effective date; objections

Sec. 38. (a) This section applies to a rulemaking action resulting in any of the following rules: (1) A rule that brings another rule into conformity with section 20 of this chapter. (2) A rule that amends another rule to replace an inaccurate reference to a statute, rule, regulation, other text, governmental entity, or location with an accurate reference, when the inaccuracy is the result of the rearrangement of a federal or state statute, rule, or regulation under a different citation number, a federal or state transfer of functions from one (1) governmental entity to another, a change in the name of a federal or state governmental entity, or a change in the address of an entity. (3) A rule correcting any other typographical, clerical, or spelling error in another rule. (b) Sections 23 through 37.2 of this chapter do not apply to rules described in subsection (a). (c) Notwithstanding any other statute, an agency may adopt a rule described by subsection (a) without complying with any statutory notice, hearing, adoption, or approval requirement. In addition, the governor may adopt a rule described in subsection (a) for an agency without the agency's consent or action. (d) A rule described in subsection (a) shall be submitted to the publisher for the assignment of a document control number. The agency (or the governor, for the agency) shall submit the rule in the form required by section 20 of this chapter and with the documents required by section 21 of this chapter. The publisher shall determine the number of copies of the rule and other documents to be submitted under this subsection. (e) After a document control number is assigned, the agency (or the governor, for the agency) shall submit the rule to the publisher for filing. The agency (or the governor, for the agency) shall submit the rule in the form required by section 20 of this chapter and with the documents required by section 21 of this chapter. The publisher shall determine the format of the rule and other documents to be submitted under this subsection. (f) Subject to section 39 of this chapter, the publisher shall: (1) accept the rule for filing; and (2) electronically record the date and time that it is accepted. (g) Subject to subsection (h), a rule described in subsection (a) takes effect on the latest of the following dates: (1) The date that the rule being corrected by a rule adopted under this section becomes effective. (2) The date that is forty-five (45) days from the date and time that the rule adopted under this section is accepted for filing under subsection (f). (h) The governor or the attorney general may file an objection to a rule that is adopted under this section before the date that is forty-five (45) days from the date and time that the rule is accepted for filing under subsection (f). When filed with the publisher, the objection has the effect of invalidating the rule. As added by P.L.31-1985, SEC.27. Amended by P.L.1-1991, SEC.16; P.L.123-2006, SEC.13; P.L.249-2023, SEC.35; P.L.93-2024, SEC.17.

Ind. Code § 4-22-2-39 Acceptance of rule for filing by publisher

Sec. 39. (a) When an agency submits a rule for filing under section 35, 37.1, 37.2, or 38 of this chapter, the publisher may accept the rule for filing only if the following conditions are met: (1) The following documents are submitted to allow the publisher to comply with IC 4-22-7-5: (A) One (1) electronic copy of the rule. (B) One (1) copy of any matters incorporated by reference under section 21 of this chapter in the format specified by the publisher. (C) One (1) copy of any supporting documentation submitted under section 31 of this chapter in the format specified by the publisher. (2) Each submitted copy includes a reference to the document control number assigned to the rule by the publisher. (3) Each submitted copy indicates that the agency has conducted its rulemaking action in conformity with all procedures required by law. However, if section 31 of this chapter applies to the rule, the publisher shall rely on the approval of the attorney general as the basis for determining that the agency has complied with all procedures required before the date of the approval. (b) If a rule includes a statement that the rule is not effective until: (1) an agency has complied with requirements established by the federal or state government; (2) a specific period of time has elapsed; or (3) a date has occurred; the agency has complied with subsection (a)(3) even if the described event or time has not occurred before the publisher reviews the rule under this section. (c) The publisher shall take no more than three (3) business days to complete the review of a rule under this section. As added by P.L.31-1985, SEC.28. Amended by P.L.19-1986, SEC.1; P.L.1-1991, SEC.17; P.L.215-2005, SEC.8; P.L.123-2006, SEC.14; P.L.249-2023, SEC.36.

Ind. Code § 4-22-2-40 Recall of rule; readoption

Sec. 40. (a) At any time before a rule is accepted for filing by the publisher under section 35, 37.1, 37.2, or 38 of this chapter, the agency that adopted the rule may recall it. A rule may be recalled regardless of whether: (1) the rule has been disapproved by the attorney general under section 32 of this chapter; or (2) the rule has been disapproved by the governor under section 34 of this chapter. (b) IC 13-14-9 and sections 23 through 38 of this chapter do not apply to a recall action under this section. However, the agency shall distribute a notice of its recall action to the publisher for publication in the Indiana Register. IC 13-14-9 and sections 23 and 26 of this chapter do not apply to a readoption action under subsection (c). (c) After an agency recalls a rule, the agency may reconsider its adoption action and adopt an identical rule or a revised rule. However, if IC 13-14-9 or sections 23 through 36 of this chapter apply to the recalled rule, the readopted rule must comply with the requirements under section 29 of this chapter or IC 13-14-9-9 (as applicable). (d) The recall of a rule under this section voids any approval given after the rule was adopted and before the rule was recalled. (e) If a rule is: (1) subject to sections 31 and 33 of this chapter; (2) recalled under subsection (a); and (3) readopted under subsection (c); the agency shall resubmit the readopted version of the recalled rule to the attorney general and the governor for approval. The attorney general and the governor have the full statutory period to approve or disapprove the readopted rule. The agency shall resubmit the readopted version of a recalled rule to the office of management and budget with sufficient information for the office of management and budget to evaluate whether the initial regulatory analysis submitted to the office of management and budget under section 22.8 of this chapter needs to be revised. If the impact of the readopted rule is substantially different from the recalled rule, the agency shall submit the revised regulatory analysis to the publisher for publication in the Indiana Register with the document control number assigned by the publisher to the rule. The agency also shall comply with any other applicable approval requirement provided by statute. (f) The readopted version of a recalled rule is effective only after the agency has complied with section 35, 37.1, 37.2, or 38 of this chapter. As added by P.L.31-1985, SEC.29. Amended by P.L.1-1991, SEC.18; P.L.12-1993, SEC.4; P.L.123-2006, SEC.15; P.L.291-2013, SEC.7; P.L.53-2014, SEC.60; P.L.249-2023, SEC.37.

Ind. Code § 4-22-2-41 Withdrawal of rule

Sec. 41. (a) At any time before a rule is accepted by the publisher for filing under section 35, 37.1, 37.2, or 38 of this chapter, the agency that adopted the rule may withdraw it. (b) IC 13-14-9 and sections 23 through 40 of this chapter do not apply to a withdrawal action. However, the withdrawing agency shall distribute a notice of the withdrawal to the publisher for publication in the Indiana Register. (c) The withdrawal of a rule under this section terminates the rulemaking action, and the withdrawn rule may become effective only through another rulemaking action initiated under this chapter. As added by P.L.31-1985, SEC.30. Amended by P.L.1-1991, SEC.19; P.L.123-2006, SEC.16; P.L.249-2023, SEC.38.

Ind. Code § 4-22-2-42 Establishment of publishing format

Sec. 42. The publisher, with the assistance of the code revision committee, shall establish a format, a numbering system, standards, and techniques for agencies to use whenever they draft and prepare rules under this chapter. As added by P.L.31-1985, SEC.31. Amended by P.L.42-2024, SEC.35.

Ind. Code § 4-22-2-43 Rules interpreting, implementing, or supplementing this chapter

Sec. 43. (a) Subject to section 42 of this chapter, the attorney general may adopt rules under this chapter to interpret or implement this chapter. (b) An agency may adopt rules under this chapter to supplement the procedures in this chapter for its own rulemaking actions. As added by P.L.31-1985, SEC.32.

Ind. Code § 4-22-2-44 Failure to comply with provisions of this chapter; exception

Sec. 44. Except as provided in section 44.3 of this chapter, a rulemaking action that does not conform with this chapter is invalid, and a rule that is the subject of a noncomplying rulemaking action does not have the effect of law until it is adopted in conformity with this chapter. However, the failure of an agency to comply with section 20(a)(2) of this chapter does not invalidate the rulemaking action. As added by P.L.31-1985, SEC.33. Amended by P.L.36-1989, SEC.2; P.L.1-2006, SEC.74; P.L.220-2011, SEC.46.

Ind. Code § 4-22-2-44.3 Exceptions to section 44 of chapter

Sec. 44.3. (a) Notwithstanding the addition of section 44 of this chapter by P.L.31-1985, a rule that is in effect on August 31, 1985, is not invalidated by the passage of P.L.31-1985. (b) Notwithstanding the addition of section 44 of this chapter by P.L.31-1985, a rule that is the subject of a rulemaking action before September 1, 1985, and: (1) is not accepted for filing by the secretary of state before September 1, 1985; or (2) is accepted for filing by the secretary of state before September 1, 1985, but is not effective before September 1, 1985; is effective if it is adopted in conformity with the law in effect on August 31, 1985, or with this chapter, as in effect on the date of adoption of the rule. (c) The format, numbering system, standards, and techniques that were developed by the legislative council for the drafting and preparation of rules before September 1, 1985, continue to apply to the drafting and preparation of rules until changed under P.L.31-1985. As added by P.L.220-2011, SEC.47.

Ind. Code § 4-22-2-45 Invalidity of rule; assertion; limitation

Sec. 45. A: (1) claim; or (2) defense; that asserts that a rule is invalid on procedural grounds may not be asserted if the claim or defense is based on rulemaking procedures that were followed or should have been followed by a board described in IC 13-14-9-1 or the department in adopting a rule under this chapter unless the claim or defense that asserts the procedural defect is filed not more than two (2) years after the date the rule becomes effective. However, a claim may be filed or a defense raised at any time for an alleged procedural defect that is alleged to have caused substantial harm to the due process rights of an individual. As added by P.L.34-1993, SEC.6. Amended by P.L.1-1996, SEC.33.

Ind. Code § 4-22-2-46 Repealed

As added by P.L.44-1995, SEC.7. Amended by P.L.17-1996, SEC.6; P.L.291-2013, SEC.8. Repealed by P.L.53-2014, SEC.61.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/4Fetched: 10/17/2026