Ind. Code ch. 4-22-2.6

Ind. Code ch. 4-22-2.6
in effect

Ind. Code § 4-22-2.6-1 Dates for expiration; exceptions

Sec. 1. (a) Except as provided in this section and section 10 of this chapter, a rule adopted under IC 4-22-2-23 through IC 4-22-2-36 expires January 1 of the fifth year after the year in which the rule takes effect, unless the rule expires or is repealed on an earlier date. Except for an amendment made under IC 4-22-2-38, the expiration date of a rule under this section is extended each time that a rule: (1) amending under IC 4-22-2-23 through IC 4-22-2-36; (2) continuing under IC 4-22-2.3-10; or (3) readopting; an unexpired rule takes effect. The rule, as amended or readopted, expires on January 1 of the fifth year after the year in which the amendment or readoption takes effect. (b) If the latest version of a rule became effective: (1) in calendar year 2017, the rule expires not later than January 1, 2024; (2) in calendar year 2018, the rule expires not later than January 1, 2025; (3) in calendar year 2019, the rule expires not later than January 1, 2026; or (4) in calendar year 2020, the rule expires not later than January 1, 2027. (c) If the latest version of a rule became effective before January 1, 2017, and: (1) the rule was adopted by an agency established under IC 13, the rule expires not later than January 1, 2025; (2) the rule was adopted by an agency established under IC 16, the rule expires not later than January 1, 2026; or (3) the rule was adopted by an agency not described in subdivision (1) or (2), the rule expires not later than January 1, 2027. (d) A readoption rulemaking action under IC 4-22-2.5 (before its repeal) or IC 13-14-9.5 (before its repeal) that became effective before July 1, 2023, is validated to the same extent as if the rulemaking action had been conducted under the procedures in this chapter. (e) The determination of whether an administrative rule expires under this chapter shall be applied at the level of an Indiana Administrative Code section. As added by P.L.249-2023, SEC.45. Amended by P.L.93-2024, SEC.22.

Ind. Code § 4-22-2.6-2 Procedure for readoption

Sec. 2. An agency that has rulemaking authority may readopt a rule in anticipation of a rule's expiration under section 1 of this chapter. To readopt a rule, an agency may readopt the rule either: (1) without changes in conformity with the procedures in sections 3 through 9 of this chapter; or (2) with or without changes in conformity with the procedures in IC 4-22-2-23 through IC 4-22-2-36 (as modified by IC 13-14-9, when applicable). As added by P.L.249-2023, SEC.45.

Ind. Code § 4-22-2.6-3 Readoption of rule; initial notice; document control number

Sec. 3. (a) Except as provided in subsection (b), if an agency intends to readopt a rule, the agency shall, not later than January 1 of the year preceding the year in which the rule expires under this chapter, provide an initial notice of the intended readoption in an electronic format designated by the publisher 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) An agency is not required to provide the initial notice under subsection (a) for a rule described in section 1(b)(1) of this chapter. (c) After receiving the material as required by this section, the publisher shall assign a document control number. As added by P.L.249-2023, SEC.45. Amended by P.L.93-2024, SEC.23.

Ind. Code § 4-22-2.6-4 Readoption of rule affecting fees, fines, civil penalties, and small businesses; review required; agency written findings

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 4. (a) To readopt a rule, an agency must conduct a review of the rule to consider the continued need for the rule and whether the rule, if readopted, will meet each of the standards in IC 4-22-2-19.5 and (if applicable) the requirements for fees, fines, and civil penalties in IC 4-22-2-19.6. (b) In the review, the agency shall reexamine previous cost benefit, economic impact, fiscal impact, and regulatory burden statements prepared by the agency for the rule under IC 4-3-22-13, IC 4-22-2-22.7, IC 4-22-2-22.8, IC 4-22-2-28, IC 4-22-2.1-5, or an executive order and revise the statements to reflect any change in circumstances that affect the analysis. The agency shall identify any alternative methods of achieving the purpose of the rule that are less costly or less intrusive, or that would otherwise minimize the economic impact of the proposed rule on small businesses (as defined in IC 4-22-2.1-4) and other regulated entities. The agency also shall consider the following: (1) The nature of any complaints or comments received from the public, including small businesses (as defined in IC 4-22-2.1-4), concerning the rule or the rule's implementation by the agency. (2) The complexity of the rule, including any difficulties encountered by: (A) the agency in administering the rule; or (B) small businesses (as defined in IC 4-22-2.1-4) or other regulated persons in complying with the rule. (3) The degree to which technology, economic conditions, or other factors have changed in the area affected by the rule since the last time the rule was reviewed. (c) The agency shall prepare written findings concerning the agency's determinations under this section. As added by P.L.249-2023, SEC.45. Amended by P.L.213-2025, SEC.56.

Ind. Code § 4-22-2.6-4 Readoption of rule affecting fees, fines, civil penalties, and small businesses; review required; agency written findings

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 4. (a) To readopt a rule, an agency must conduct a review of the rule to consider the continued need for the rule and whether the rule, if readopted, will meet each of the standards in IC 4-22-2-19.5 and (if applicable) the requirements for fees, fines, and civil penalties in IC 4-22-2-19.6. (b) In the review, the agency shall reexamine previous cost benefit, economic impact, fiscal impact, and regulatory burden statements prepared by the agency for the rule under IC 4-3-22-13, IC 4-22-2-22.7, IC 4-22-2-22.8, IC 4-22-2-28, IC 4-22-2.1-5, or an executive order and revise the statements to reflect any change in circumstances that affect the analysis. The agency shall identify any alternative methods of achieving the purpose of the rule that are less costly or less intrusive, or that would otherwise minimize the economic impact of the proposed rule on small businesses (as defined in IC 4-22-2.1-4) and other regulated entities. The agency also shall consider the following: (1) The nature of any complaints or comments received from the public, including small businesses (as defined in IC 4-22-2.1-4), concerning the rule or the rule's implementation by the agency. (2) The complexity of the rule, including any difficulties encountered by: (A) the agency in administering the rule; or (B) small businesses (as defined in IC 4-22-2.1-4) or other regulated persons in complying with the rule. (3) The degree to which technology, economic conditions, or other factors have changed in the area affected by the rule since the last time the rule was reviewed. (c) In the review, the agency shall compare the requirements within the rule to similar requirements in Illinois, Kentucky, Michigan, Ohio, and any additional states designated by the office of management and budget for comparison. (d) The agency shall prepare written findings concerning the agency's determinations under this section. The written findings shall include the following: (1) A statement identifying whether the program or subject matter covered by the rule is still carried out by the agency. (2) The rationale for the agency's determination under subsection (a) for the continued need for the rule. (3) The rationale for the agency's determination under subsection (a) that the rule, if readopted, will meet each of the standards in IC 4-22-2-19.5 and (if applicable) the requirements for fees, fines, and civil penalties in IC 4-22-2-19.6. (4) Either of the following: (A) Any revisions to previously prepared cost benefit, economic impact, fiscal impact, or regulatory burden statements prepared by the agency for the rule under: (i) IC 4-3-22-13; (ii) IC 4-22-2-22.7; (iii) IC 4-22-2-22.8; (iv) IC 4-22-2-28; or (v) IC 4-22-2.1-5; if those previously prepared statements were published by the Indiana Register. (B) If the rule did not have a prior cost benefit, economic impact, fiscal impact, or regulatory burden statement prepared by the agency for the rule under: (i) IC 4-3-22-13; (ii) IC 4-22-2-22.7; (iii) IC 4-22-2-22.8; (iv) IC 4-22-2-28; or (v) IC 4-22-2.1-5; published in the Indiana Register, a copy of an updated regulatory burden statement that meets the requirements of IC 4-22-2-22.7. (5) Any alternative methods of achieving the purpose of the rule that are less costly or less intrusive, or that would otherwise minimize the economic impact of the proposed rule on small businesses (as defined in IC 4-22-2.1-4) and other regulated entities. (6) The nature of any complaints or comments received from the public, including small businesses (as defined in IC 4-22-2.1-4), concerning the rule or the rule's implementation by the agency. (7) Any difficulties encountered by: (A) the agency in administering the rule; or (B) small businesses (as defined in IC 4-22-2.1-4) or other regulated persons in complying with the rule. (8) The degree to which technology, economic conditions, or other factors have changed in the area affected by the rule since the last time the rule was adopted, readopted, or amended. (9) Whether the federal government or any of the states covered by subsection (c) have less restrictive requirements than the rule, and, if so, the evidence or unique circumstances that justify why the more restrictive requirements in the rule are necessary. (10) The last time the substantive content of the rule was amended. (11) Whether the substantive content in the rule would be more appropriately integrated into the Indiana Code as opposed to remaining as a separate administrative rule. In making such a determination, the agency shall consider the frequency of updates to the rule since its initial promulgation. If the substantive content of the rule has not been modified in the prior eight (8) years, the agency must present specific facts that justify keeping the substantive content in an administrative rule rather than the Indiana Code. (e) The written findings in subsection (d) 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. As added by P.L.249-2023, SEC.45. Amended by P.L.213-2025, SEC.56; P.L.152-2026, SEC.9.

Ind. Code § 4-22-2.6-5 Readoption of rule; notice submission to publisher; public comment period; authorization to proceed

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 5. (a) If an agency elects to readopt a rule under this chapter, the agency shall submit a notice of proposed readoption to the publisher not later than the first regular business day in September of the year preceding the year in which the rule expires under this chapter for publication in the Indiana Register. A separate notice must be published for each board or other person or entity with rulemaking authority. (b) The notice must include the following: (1) A general description of the subject matter of all rules proposed to be readopted. (2) A listing of rules that are proposed to be readopted, listed by their titles and subtitles only. (3) A written public comment period of thirty (30) days and instructions on how to submit written comments to the agency. (4) A request for comments on whether specific rules should be reviewed through the regular rulemaking process under IC 4-22-2-23 through IC 4-22-2-36 (as modified by IC 13-14-9, when applicable). (5) A summary of the agency's findings under section 4 of this chapter. (6) Any other information required by the publisher. (c) The agency shall submit the material in the form required by IC 4-22-2-20. The agency need not resubmit the documents required by IC 4-22-2-21 if the publisher received a copy of the documents when the rule was previously adopted or amended. The publisher shall review the material submitted under this section and determine the date that the publisher intends to include the material in the Indiana Register. After: (1) establishing the intended publication date; and (2) receiving the material as required by this section; the publisher shall provide an electronic mail authorization to proceed to the agency and publish the material on the intended publication date. As added by P.L.249-2023, SEC.45. Amended by P.L.93-2024, SEC.24.

Ind. Code § 4-22-2.6-5 Readoption of rule; submission of agency findings, notice submission to publisher; public comment period; authorization to proceed

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 5. (a) If an agency elects to readopt a rule under this chapter, the agency shall submit a copy of the written findings under section 4 of this chapter to the office of management and budget and the legislative council not later than the first regular business day in July of the year preceding the year in which the rule expires under this chapter. (b) If an agency elects to readopt a rule under this chapter, the agency shall submit a notice of proposed readoption to the publisher not later than the first regular business day in September of the year preceding the year in which the rule expires under this chapter for publication in the Indiana Register. A separate notice must be published for each board or other person or entity with rulemaking authority. (c) The notice must include the following: (1) A general description of the subject matter of all rules proposed to be readopted. (2) A listing of rules that are proposed to be readopted, listed by their titles and subtitles only. (3) A written public comment period of thirty (30) days and instructions on how to submit written comments to the agency. (4) A request for comments on whether specific rules should be reviewed through the regular rulemaking process under IC 4-22-2-23 through IC 4-22-2-36 (as modified by IC 13-14-9, when applicable). (5) The agency's written findings under section 4 of this chapter. (6) Any other information required by the publisher. (d) The agency shall submit the material in the form required by IC 4-22-2-20. The agency need not resubmit the documents required by IC 4-22-2-21 if the publisher received a copy of the documents when the rule was previously adopted or amended. The publisher shall review the material submitted under this section and determine the date that the publisher intends to include the material in the Indiana Register. After: (1) establishing the intended publication date; and (2) receiving the material as required by this section; the publisher shall provide an electronic mail authorization to proceed to the agency and publish the material on the intended publication date. As added by P.L.249-2023, SEC.45. Amended by P.L.93-2024, SEC.24; P.L.152-2026, SEC.10.

Ind. Code § 4-22-2.6-6 Agency response to public comments

Sec. 6. (a) The agency shall prepare responses to all comments received during the public comment period. (b) The agency, after considering the written comments and responses, may do the following: (1) Conduct one (1) or more additional public comment periods in the manner provided in section 5 of this chapter on one (1) or more rules within the scope of the notice of proposed readoption. If a person submits to the agency during the initial public comment period under section 5 of this chapter a written request stating a basis for considering a particular rule separately from other rules in the notice of proposed readoption, the agency may not readopt that rule under this chapter. The agency may readopt that rule with or without changes only through a rulemaking action initiated under IC 4-22-2-23 through IC 4-22-2-36 (as modified by IC 13-14-9, when applicable). (2) Readopt one (1) or more rules within the scope of the notice of proposed readoption without change. (3) Repeal one (1) or more rules within the scope of the notice of proposed readoption, if the need for the rule no longer exists. The adopting authority may repeal a rule without additional public comment periods under section 5 of this chapter. As added by P.L.249-2023, SEC.45.

Ind. Code § 4-22-2.6-7 Rulemaking document; submission to publisher

Sec. 7. (a) The agency shall immediately submit the rulemaking document containing the readopted rules to the publisher for filing along with documentation demonstrating that the agency has readopted the rules. The agency shall submit material in the form required by IC 4-22-2-20. The rulemaking document must make reference to the document control number assigned by the publisher. (b) If the rulemaking document complies with this section, 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.249-2023, SEC.45.

Ind. Code § 4-22-2.6-8 Readopted rule; effective date

Sec. 8. A readopted rule that has been accepted for filing under section 7 of this chapter takes effect on the latest of the following dates: (1) The date that is thirty (30) days from the date and time that the rule was accepted for filing under section 7 of this chapter. (2) The effective date stated by the agency in the rule. (3) The date of compliance with every requirement established by law as a prerequisite to the readoption or effectiveness of the rule. As added by P.L.249-2023, SEC.45.

Ind. Code § 4-22-2.6-9 Withdrawal of readopted rule

Sec. 9. An agency that terminates a rulemaking action to readopt a rule with or without amendments shall submit a notice of withdrawal of the readoption rulemaking action in the manner provided in IC 4-22-2-41. As added by P.L.249-2023, SEC.45.

Ind. Code § 4-22-2.6-10 Power of governor to postpone expiration date

Sec. 10. If a rule is not readopted and the governor finds that the failure to readopt the rule causes an emergency to exist, the governor may, by executive order issued before the rule's expiration date, postpone the expiration date of the rule until a date that is not later than one (1) year after the date specified in section 1 of this chapter. As added by P.L.249-2023, SEC.45.

Ind. Code § 4-22-2.6-11 Removal of expired rules

Sec. 11. The publisher shall remove all rules that have expired under this chapter from the Indiana Administrative Code. However, a rule that has expired but is readopted under this chapter (or IC 4-22-2.5 (before its repeal) or IC 13-14-9.5 (before its repeal)) may not be removed from the Indiana Administrative Code. As added by P.L.249-2023, SEC.45.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/4Fetched: 10/17/2026