reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 4-22-2-22.7. Regulatory Analysis for Proposed Rules

Sec. 22.7. (a) Before complying with section 22.8 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) 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) 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 4-22-2-28. Fiscal Impact of Rules; Review

Sec. 28. (a) The following definitions apply throughout this section:
(1) "Ombudsman" refers to the small business ombudsman designated under IC 5-28-17-6.
(2) "Total estimated economic impact" means the direct annual economic impact of a rule on all regulated persons after the rule is fully implemented under subsection (g).
(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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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) Written 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 4-22-2-42. Establishment of Publishing Format

Sec. 42. The publisher, with the assistance of the code revision commission, 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2.1. Rules Affecting Small Businesses › 4-22-2.1-1. Application of Chapter; Exemption for Certain Rules

Sec. 1. Except for a rule that is the subject of a rulemaking action under IC 13-14-9, IC 22-12, IC 22-13, IC 22-14, or IC 22-15, this chapter applies to a rule for which the notice of the first public comment period required by IC 4-22-2-23 is published by an agency after June 30, 2005.
As added by P.L.188-2005, SEC.4. Amended by P.L.139-2007, SEC.1; P.L.249-2023, SEC.39.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2.1. Rules Affecting Small Businesses › 4-22-2.1-2. Application of Definitions in Rulemaking Statute

Sec. 2. The definitions in IC 4-22-2-3 apply throughout this chapter.
As added by P.L.188-2005, SEC.4.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2.1. Rules Affecting Small Businesses › 4-22-2.1-4. "Small Business"

Sec. 4. As used in this chapter, "small business" has the meaning set forth in IC 5-28-2-6.
As added by P.L.188-2005, SEC.4. Amended by P.L.110-2010, SEC.4.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2.1. Rules Affecting Small Businesses › 4-22-2.1-4.5. "Small Business Ombudsman"

Sec. 4.5. As used in this chapter, "small business ombudsman" refers to the small business ombudsman designated under IC 5-28-17-6.
As added by P.L.109-2015, SEC.15. Amended by P.L.237-2017, SEC.11.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2.1. Rules Affecting Small Businesses › 4-22-2.1-5. Rules Affecting Small Businesses; Economic Impact Statement Required

Sec. 5. If an agency intends to adopt a rule under IC 4-22-2 that will impose requirements or costs on small businesses, the agency shall prepare a statement that describes the annual economic impact of a rule on all small businesses after the rule is fully implemented. The statement required by this section must include the following:
(1) An estimate of the number of small businesses, classified by industry sector, that will be subject to the proposed rule.
(2) An estimate of the average annual reporting, record keeping, and other administrative costs that small businesses will incur to comply with the proposed rule.
(3) An estimate of the total annual economic impact that compliance with the proposed rule will have on all small businesses subject to the rule.
(4) A statement justifying any requirement or cost that is:
(A) imposed on small businesses by the rule; and
(B) not expressly required by:
(i) the statute authorizing the agency to adopt the rule; or
(ii) any other state or federal law.
The statement required by 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) A regulatory flexibility analysis that considers any less intrusive or less costly alternative methods of achieving the purpose of the proposed rule. The analysis under this subdivision must consider the following methods of minimizing the economic impact of the proposed rule on small businesses:
(A) The establishment of less stringent compliance or reporting requirements for small businesses.
(B) The establishment of less stringent schedules or deadlines for compliance or reporting requirements for small businesses.
(C) The consolidation or simplification of compliance or reporting requirements for small businesses.
(D) The establishment of performance standards for small businesses instead of design or operational standards imposed on other regulated entities by the rule.
(E) The exemption of small businesses from part or all of the requirements or costs imposed by the rule.
If the agency has made a preliminary determination not to implement one (1) or more of the alternative methods considered, the agency shall include a statement explaining the agency's reasons for the determination, including a reference to any data, studies, or analyses relied upon by the agency in making the determination.
As added by P.L.188-2005, SEC.4. Amended by P.L.1-2006, SEC.75; P.L.123-2006, SEC.17; P.L.110-2010, SEC.5; P.L.187-2014, SEC.11; P.L.109-2015, SEC.16; P.L.249-2023, SEC.40.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2.1. Rules Affecting Small Businesses › 4-22-2.1-6. Review by Small Business Ombudsman; Consideration of Written Comments by Agency

Sec. 6. (a) Not later than seven (7) days before the date of the public hearing set forth in the agency's notice under IC 4-22-2-24, the small business ombudsman shall do the following:
(1) Review the proposed rule and economic impact statement submitted to the small business ombudsman by the agency under section 5 of this chapter.
(2) Submit written comments to the agency on the proposed rule and the economic impact statement prepared by the agency under section 5 of this chapter. The small business ombudsman's comments may:
(A) recommend that the agency implement one (1) or more of the regulatory alternatives considered by the agency under section 5 of this chapter;
(B) suggest regulatory alternatives not considered by the agency under section 5 of this chapter;
(C) recommend any other changes to the proposed rule that would minimize the economic impact of the proposed rule on small businesses; or
(D) recommend that the agency abandon or delay the rulemaking action until:
(i) more data on the impact of the proposed rule on small businesses can be gathered and evaluated; or
(ii) less intrusive or less costly alternative methods of achieving the purpose of the proposed rule can be effectively implemented with respect to small businesses.
(b) Upon receipt of the small business ombudsman's written comments under subsection (a), the agency shall make the comments available:
(1) for public inspection and copying at the offices of the agency under IC 5-14-3;
(2) electronically through the electronic gateway administered under IC 4-13.1-2-2(a)(6) by the office of technology; and
(3) for distribution at the public hearing required by IC 4-22-2-26.
(c) Before finally adopting a rule under IC 4-22-2-29, and in the same manner that the agency considers public comments under IC 4-22-2-27, the agency must fully consider the comments submitted by the small business ombudsman under subsection (a). After considering the comments under this subsection, the agency may:
(1) adopt any version of the rule permitted under IC 4-22-2-29; or
(2) abandon or delay the rulemaking action as recommended by the small business ombudsman under subsection (a)(2)(D), if applicable.
As added by P.L.188-2005, SEC.4. Amended by P.L.198-2007, SEC.1; P.L.109-2015, SEC.17; P.L.134-2021, SEC.7; P.L.249-2023, SEC.41.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2.1. Rules Affecting Small Businesses › 4-22-2.1-7. Review of Rule Before Readoption

Sec. 7. Before an agency may act under IC 4-22-2.6 to readopt a rule to which the chapter applies, the agency must conduct the review required under IC 4-22-2.6-4.
As added by P.L.188-2005, SEC.4. Amended by P.L.249-2023, SEC.42.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2.1. Rules Affecting Small Businesses › 4-22-2.1-8. Small Businesses' Right of Action to Determine Agency's Compliance

Sec. 8. (a) This section applies to a small business that is adversely affected or aggrieved by a rule that:
(1) is subject to this chapter;
(2) is finally adopted by an agency under IC 4-22-2-29; and
(3) has taken effect under IC 4-22-2-36.
(b) Subject to subsection (c), a small business described in subsection (a) may file, in a court having jurisdiction, an action seeking a determination of the agency's compliance with the requirements of this chapter during the rulemaking process. Upon receipt of a complaint under this section, the court shall, at the earliest date possible, hear evidence on the matter and make a determination as to the agency's compliance with this chapter during the rulemaking process. If the court determines that the agency failed to comply with one (1) or more requirements of this chapter, the court may issue an order or injunction enjoining the agency from enforcing the rule with respect to the complaining small business and any similarly situated small businesses. A determination of the court under this section is final, subject to the right of direct appeal by either party.
(c) A small business that seeks a determination by a court under subsection (b) must file the action described in subsection (b) not later than one year (1) after the date the rule described in subsection (a) takes effect under IC 4-22-2-36.
As added by P.L.188-2005, SEC.4. Amended by P.L.53-2014, SEC.62.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2.3. Transitional Provisions; Exceptions to Rulemaking Procedures › 4-22-2.3-1. Expiration of Certain Emergency Rules

Sec. 1. (a) This subsection and subsection (b) set an expiration date for rules adopted under IC 4-22-2-37.1 (as effective before July 1, 2023) or IC 4-22-2-37 (before its repeal) that at the time of adoption were permitted by law to continue in effect for an indefinite period of time. The rules to which this subsection applies include rules that were permitted to continue until another emergency rule or a final rule was adopted to replace the emergency rule or the agency repealed the emergency rule. Subject to subsections (b) and (c), the rule expires not later than:
(1) October 1, 2023; or
(2) if the rule is included on a list described in subsection (d), October 1, 2024;
as applicable. An emergency rule that expires under this subsection may not be renewed under IC 4-22-2-37.1 (as effective after June 30, 2023). If the rule meets the criteria in IC 4-22-2-37.2 for adoption as an interim rule, the rule may be adopted under IC 4-22-2-37.2.
(b) The text of an emergency rule adopted under IC 4-22-2-37.1 (as effective before July 1, 2023) or IC 4-22-2-37 (before its repeal) that is:
(1) incorporated into a provision of the Indiana Administrative Code that before July 1, 2023, was amended under the procedures in IC 4-22-2-23 through IC 4-22-2-36 or IC 13-14-9 (as applicable); or
(2) readopted as part of a provision of the Indiana Administrative Code that was readopted under IC 4-22-2.5 (before its repeal) or IC 13-14-9.5 (before its repeal);
continues in effect to the extent that the text remains part of the provision of the Indiana Administrative Code into which the emergency rule text was incorporated.
(c) An emergency rule adopted under IC 4-22-2-37.1 (as effective before July 1, 2023) of the type described in sections 3 through 9 of this chapter expires as provided in the applicable provisions of sections 3 through 9 of this chapter.
(d) Not later than September 1, 2023, the governor may submit to the publisher a list of rules described in subsection (a) for which the expiration under this section is October 1, 2024, instead of October 1, 2023. The publisher shall publish a list submitted under this subsection in the Indiana Register.
As added by P.L.249-2023, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2.3. Transitional Provisions; Exceptions to Rulemaking Procedures › 4-22-2.3-2. Extension of Provisional Rule by the Governor

Sec. 2. Before a provisional rule adopted under IC 4-22-2-37.1 (as effective after June 30, 2023) expires, the governor by executive order may authorize the extension of the provisional rule under the interim procedures in IC 4-22-2-37.2 if the governor determines and finds in the executive order that the provisional circumstances justifying the provisional rule continue to exist. A rule adopted under the authority of an extension under this section expires not later than one (1) year after the date on which the rule is published in the Indiana Register.
As added by P.L.249-2023, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2.3. Transitional Provisions; Exceptions to Rulemaking Procedures › 4-22-2.3-3. Interim Rules by Director of the Department of Natural Resources

Sec. 3. The director of the department of natural resources may adopt interim rules under the interim rule procedures in IC 4-22-2-37.2 to temporarily modify or suspend a rule described in IC 14-22-2-6 (fish and wildlife rules). An interim rule authorized under this section expires not later than one (1) year after the rule is accepted for filing by the publisher of the Indiana Register and may not be continued in another interim rule.
As added by P.L.249-2023, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2.3. Transitional Provisions; Exceptions to Rulemaking Procedures › 4-22-2.3-4. State Board of Education Interim Rules

Sec. 4. The Indiana state board of education may adopt interim rules under the interim rule procedures in IC 4-22-2-37.2 for the provision of special education or related services to an eligible choice scholarship student who receives an amount under IC 20-51-4-4(a)(2). An interim rule authorized under this section expires not later than one (1) year after the rule is accepted for filing by the publisher of the Indiana Register and may not be continued in another interim rule.
As added by P.L.249-2023, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2.3. Transitional Provisions; Exceptions to Rulemaking Procedures › 4-22-2.3-5. Department of Natural Resources Interim Rules

Sec. 5. The department of natural resources (or to the extent permitted by IC 14-10-2, the natural resources commission) may adopt interim rules under the interim rule procedures in IC 4-22-2-37.2 to carry out the duties of the department of natural resources under a law listed in IC 14-10-2-5. A rule described in this section may be continued in another interim rule only if the governor determines under IC 4-22-2-37.2(c) that the policy options available to the agency are so limited that use of the additional notice, comment, and review procedures in IC 4-22-2-23 through IC 4-22-2-36 would provide no benefit to persons regulated or otherwise affected by the rule. A rule adopted concerning the department of natural resources' discharge of duties under a law listed in IC 14-10-2-5(a)(22) expires upon the earlier of the following:
(1) One (1) year after the rule is accepted by the publisher of the Indiana Register.
(2) Upon the adoption of a rule under this chapter concerning the department of natural resources' discharge of duties imposed under this article.
As added by P.L.249-2023, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2.3. Transitional Provisions; Exceptions to Rulemaking Procedures › 4-22-2.3-6. Department of Financial Institutions' Interim Rules

Sec. 6. The following apply to the department of financial institutions:
(1) The department of financial institutions shall adopt rules under the interim rule procedures in IC 4-22-2-37.2 announcing:
(A) sixty (60) days before January 1 of each odd-numbered year in which dollar amounts under IC 24-4.5 (Uniform Consumer Credit Code) are to change, the changes in dollar amounts required by IC 24-4.5-1-106(2);
(B) promptly after the changes occur, changes in the Index required by IC 24-4.5-1-106(3), including, when applicable, the numerical equivalent of the Reference Base Index under a revised Reference Base Index and the designation or title of any index superseding the Index;
(C) the adjustments required under IC 24-9-2-8 concerning high cost home loans; and
(D) the adjustments required under IC 34-55-10-2 (bankruptcy exemptions; limitations) or IC 34-55-10-2.5.
A rule described in this subdivision expires not later than January of the next odd-numbered year after the department of financial institutions is required to issue the rule.
(2) The department of financial institutions may adopt a rule under the interim rule procedures in IC 4-22-2-37.2 for a rule permitted under IC 24-4.4-1-101 (licensing system for creditors and mortgage loan originators) or IC 24-4.5 (Uniform Consumer Credit Code) if the department of financial institutions declares an emergency. A rule described in this subdivision expires not later than two (2) years after the rule is effective.
(3) The department of financial institutions may adopt a rule described in IC 34-55-10-2 (bankruptcy exemptions; limitations) or IC 34-55-10-2.5 in conformity with the procedures in IC 4-22-2-23 through IC 4-22-2-36 or the interim rule procedures in IC 4-22-2-37.2. A rule described in this subdivision adopted under IC 4-22-2-37.2 expires not later than two (2) years after the rule is accepted for filing by the publisher of the Indiana Register.
A rule described in this section may be continued in another interim rule only if the governor determines under section IC 4-22-2-37.2(c) that the policy options available to the agency are so limited that use of the additional notice, comment, and review procedures in IC 4-22-2-23 through IC 4-22-2-36 would provide no benefit to persons regulated or otherwise affected by the rule.
As added by P.L.249-2023, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2.3. Transitional Provisions; Exceptions to Rulemaking Procedures › 4-22-2.3-7. Utility Regulatory Commission Interim Rules

Sec. 7. The Indiana utility regulatory commission may adopt interim rules under the interim rule procedures in IC 4-22-2-37.2 pursuant to its authority under IC 8-1-1-3(g) or IC 8-1-2-113. A rule described in this section expires not later than two (2) years after the rule is accepted for filing by the publisher of the Indiana Register and may not be continued in another interim rule.
As added by P.L.249-2023, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2.3. Transitional Provisions; Exceptions to Rulemaking Procedures › 4-22-2.3-8. Board of Pharmacy Interim Rules

Sec. 8. The Indiana board of pharmacy may adopt interim rules under IC 4-22-2-37.2 to declare a substance is a synthetic drug if the board finds that the substance:
(1) has been scheduled or emergency scheduled by the United States Drug Enforcement Administration;
(2) has been scheduled, emergency scheduled, or criminalized by another state; or
(3) has:
(A) a high potential for abuse; and
(B) no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.
In making a determination, the Indiana board of pharmacy shall consider the factors described in IC 25-26-13-4.1. Notwithstanding IC 4-22-2-37.2(i), a rule described in this section becomes effective when the rule is published in the Indiana Register. A rule described in this section expires not later than one (1) year after the rule is accepted for filing by the publisher of the Indiana Register and may not be continued in another interim rule.
As added by P.L.249-2023, SEC.43.