IN Code § 4-22-2-28.1 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 22. Administrative Rules and Procedures|Chapter 2. Adoption of Administrative Rules|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) This section applies to the following:(1) A rule for which the notice required by section 23 of this chapter or by IC 13-14-9-3 is published by an agency or the board (as defined in IC 13-13-8-1).(2) A rule for which:(A) the notice required by IC 13-14-9-3; or(B) an appropriate later notice for circumstances described in subsection (g);is published by the department of environmental management after June 30, 2006.(b) As used in this section, "coordinator" refers to the small business regulatory coordinator assigned to a rule by an agency under subsection (e).(c) As used in this section, "director" refers to the director or other administrative head of an agency.(d) As used in this section, "small business" has the meaning set forth in IC 5-28-2-6.(e) For each rulemaking action and rule finally adopted as a result of a rulemaking action by an agency under this chapter, 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. Subject to subsection (f):(1) in the case of a proposed rule, the notice of intent to adopt the rule published under section 23 of this chapter; or(2) in the case of a rule proposed by the department of environmental management or the board (as defined in IC 13-13-8-1), the notice published under IC 13-14-9-3 or the findings published under IC 13-14-9-8(b)(1), whichever applies;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. Subject to subsection (f), 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.(f) This subsection applies to a rule adopted by the department of environmental management or the board (as defined in IC 13-13-8-1) under IC 13-14-9. Subject to subsection (g), the department shall include in the notice provided under IC 13-14-9-3 or in the findings published under IC 13-14-9-8(b)(1), whichever applies, 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;(2) the name, address, telephone number, and electronic mail address of the ombudsman designated under IC 13-28-3-2;(3) if applicable, a statement of:(A) the resources available to small businesses through the small business stationary source technical assistance program established under IC 13-28-5; and(B) the name, address, telephone number, and electronic mail address of the ombudsman for small business designated under IC 13-28-5-2(3); and(4) the information required by subsection (e).The coordinator assigned to the rule under subsection (e) shall work with the ombudsman described in subdivision (2) and the office of voluntary compliance established by IC 13-28-1-1 to coordinate the provision of services required under subsection (h) and IC 13-28-3. If applicable, the coordinator assigned to the rule under subsection (e) shall work with the ombudsman referred to in subdivision (3)(B) to coordinate the provision of services required under subsection (h) and IC 13-28-5.(g) If the notice provided under IC 13-14-9-3 is not published as allowed by IC 13-14-9-7, the department of environmental management shall publish in the notice provided under IC 13-14-9-4 the information that subsection (f) would otherwise require to be published in the notice under IC 13-14-9-3. If neither the notice under IC 13-14-9-3 nor the notice under IC 13-14-9-4 is published as allowed by IC 13-14-9-8, the department of environmental management shall publish in the commissioner's written findings under IC 13-14-9-8(b) the information that subsection (f) would otherwise require to be published in the notice under IC 13-14-9-3.(h) The coordinator assigned to a rule under subsection (e) 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. However, in the case of a rule adopted under IC 13-14-9, the coordinator assigned to the rule may refer a small business with concerns about the application or enforcement of the rule in a particular situation to the ombudsman designated under IC 13-28-3-2 or, if applicable, under IC 13-28-5-2(3).(i) The coordinator assigned to a rule under subsection (e) 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.(j) The coordinator assigned to a rule under subsection (e) 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.(k) 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 (j);(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.