reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 5. Judicial Review › 4-21.5-5-4. Exhaustion of Administrative Remedies; Waiver of Right to Review

Sec. 4. (a) A person may file a petition for judicial review under this chapter only after exhausting all administrative remedies available within the agency whose action is being challenged and within any other agency authorized to exercise administrative review.
(b) A person who:
(1) fails to timely object to an order or timely petition for review of an order within the period prescribed by this article; or
(2) is in default under this article;
has waived the person's right to judicial review under this chapter.
As added by P.L.18-1986, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 5. Judicial Review › 4-21.5-5-5. Time for Filing

Sec. 5. Except as otherwise provided, a petition for review is timely only if it is filed within thirty (30) days after the date that notice of the agency action that is the subject of the petition for judicial review was served.
As added by P.L.18-1986, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 5. Judicial Review › 4-21.5-5-6. Venue

Sec. 6. (a) Venue is in the judicial district where:
(1) the petitioner resides or maintains a principal place of business;
(2) the agency action is to be carried out or enforced; or
(3) the principal office of the agency taking the agency action is located.
(b) If more than one (1) person may be aggrieved by the agency action, only one (1) proceeding for review may be had, and the court in which a petition for review is first properly filed has jurisdiction.
(c) The rules of procedure governing civil actions in the courts govern pleadings and requests under this chapter for a change of judge or change of venue to another judicial district described in subsection (a).
(d) Each person who was a party to the proceeding before the agency is a party to the petition for review.
As added by P.L.18-1986, SEC.1. Amended by P.L.198-2001, SEC.3; P.L.219-2007, SEC.6.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 5. Judicial Review › 4-21.5-5-7. Petition; Filing; Contents

Sec. 7. (a) A petition for review must be filed with the clerk of the court.
(b) A petition for review must be verified and set forth the following:
(1) The name and mailing address of the petitioner.
(2) The name and mailing address of the agency whose action is at issue.
(3) Identification of the agency action at issue, together with a copy, summary, or brief description of the agency action.
(4) Identification of persons who were parties in any proceedings that led to the agency action.
(5) Specific facts to demonstrate that the petitioner is entitled to obtain judicial review under section 2 of this chapter.
(6) Specific facts to demonstrate that the petitioner has been prejudiced by one (1) or more of the grounds described in section 14 of this chapter.
(7) A request for relief, specifying the type and extent of relief requested.
As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.19.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 5. Judicial Review › 4-21.5-5-8. Service; Rules of Procedure

Sec. 8. (a) A petitioner for judicial review shall serve a copy of the petition upon:
(1) the ultimate authority issuing the order;
(2) the ultimate authority for each other agency exercising administrative review of the order;
(3) the attorney general; and
(4) each party to the proceeding before an agency;
in the manner provided by the rules of procedure governing civil actions in the courts. If the ultimate authority consists of more than one (1) individual, service on the ultimate authority must be made to the secretary or chairperson of the ultimate authority.
(b) The petitioner shall use means provided by the rules of procedure governing civil actions in the courts to give notice of the petition for review to all other parties in any proceedings that led to the agency action.
As added by P.L.18-1986, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 5. Judicial Review › 4-21.5-5-9. Stay of Order Pending Court Decision

Sec. 9. (a) If a petition for judicial review concerns a matter other than an assessment or determination of tax due or claimed to be due the state, and the law concerning the agency whose order is being reviewed does not preclude a stay of the order by the court, the person seeking the review may seek, by filing a verified petition, an order of the court staying the action of the agency pending decision by the court. The court may enter an order staying the agency order pending a final determination if:
(1) the court finds that the petition for review and the petition for a stay order show a reasonable probability that the order or determination appealed from is invalid or illegal; and
(2) a bond is filed that is conditioned upon the due prosecution of the proceeding for review and that the petitioner will pay all court costs and abide by the order of the agency if it is not set aside. The bond must be in the amount and with the surety approved by the court. However, the amount of the bond must be at least five hundred dollars ($500).
(b) If a petition for review concerns a revocation or suspension of a license and the law governing the agency permits a staying of the action of the agency by court order pending judicial review, any stay ordered under subsection (a) is effective during the period of the review and any appeal from the review and until the review is finally determined, unless otherwise ordered by the court granting the stay. If the stay is granted as provided in this section and the determination of the agency is approved on final determination, the revocation or suspension of the license immediately becomes effective.
As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.20.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 5. Judicial Review › 4-21.5-5-10. Issues Not Raised Before Agency

Sec. 10. A person may obtain judicial review of an issue that was not raised before the agency, only to the extent that:
(1) the issue concerns whether a person who was required to be notified by this article of the commencement of a proceeding was notified in substantial compliance with this article; or
(2) the interests of justice would be served by judicial resolution of an issue arising from a change in controlling law occurring after the agency action.
As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.21.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 5. Judicial Review › 4-21.5-5-11. Fact Issues Confined to Record

Sec. 11. Judicial review of disputed issues of fact must be confined to the agency record for the agency action supplemented by additional evidence taken under section 12 of this chapter. The court may not try the cause de novo or substitute its judgment for that of the agency.
As added by P.L.18-1986, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 5. Judicial Review › 4-21.5-5-12. Evidence; Remand to Agency for Further Factfinding

Sec. 12. (a) The court may receive evidence, in addition to that contained in the agency record for judicial review, only if it relates to the validity of the agency action at the time it was taken and is needed to decide disputed issues regarding one (1) or both of the following:
(1) Improper constitution as a decision-making body or grounds for disqualification of those taking the agency action.
(2) Unlawfulness of procedure or of decision-making process.
This subsection applies only if the additional evidence could not, by due diligence, have been discovered and raised in the administrative proceeding giving rise to a proceeding for judicial review.
(b) The court may remand a matter to the agency before final disposition of a petition for review with directions that the agency conduct further factfinding or that the agency prepare an adequate record, if:
(1) the agency failed to prepare or preserve an adequate record;
(2) the agency improperly excluded or omitted evidence from the record; or
(3) a relevant law changed after the agency action and the court determines that the new provision of law may control the outcome.
As added by P.L.18-1986, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 5. Judicial Review › 4-21.5-5-13. Transmittal of Agency Record; Costs; Corrections or Additions

Sec. 13. (a) Within thirty (30) days after the filing of the petition, or within further time allowed by the court or by other law, the petitioner shall transmit to the court the original or a certified copy of the agency record for judicial review of the agency action, consisting of:
(1) any agency documents expressing the agency action;
(2) other documents identified by the agency as having been considered by it before its action and used as a basis for its action; and
(3) any other material described in this article as the agency record for the type of agency action at issue, subject to this section.
(b) An extension of time in which to file the record shall be granted by the court for good cause shown. Inability to obtain the record from the responsible agency within the time permitted by this section is good cause. Failure to file the record within the time permitted by this subsection, including any extension period ordered by the court, is cause for dismissal of the petition for review by the court, on its own motion, or on petition of any party of record to the proceeding.
(c) Upon a written request by the petitioner, the agency taking the action being reviewed shall prepare the agency record for the petitioner. If part of the record has been preserved without a transcript, the agency shall prepare a transcript for inclusion in the record transmitted to the court, except for portions that the parties to the judicial review proceeding stipulate to omit in accordance with subsection (e).
(d) Notwithstanding IC 5-14-3-8, the agency shall charge the petitioner with the reasonable cost of preparing any necessary copies and transcripts for transmittal to the court, unless a person files with the court, under oath and in writing, the statement described by IC 33-37-3-2.
(e) By stipulation of all parties to the review proceedings, the record may be shortened, summarized, or organized.
(f) The court may tax the cost of preparing transcripts and copies for the record:
(1) against a party to the judicial review proceeding who unreasonably refuses to stipulate to shorten, summarize, or organize the record; or
(2) in accordance with the rules governing civil actions in the courts or other law.
(g) Additions to the record concerning evidence received under section 12 of this chapter must be made as ordered by the court. The court may require or permit subsequent corrections or additions to the record.
As added by P.L.18-1986, SEC.1. Amended by P.L.11-1987, SEC.6; P.L.3-1989, SEC.24; P.L.98-2004, SEC.47.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 5. Judicial Review › 4-21.5-5-14. Burden of Proof; Standards of Review

Sec. 14. (a) The burden of demonstrating the invalidity of agency action is on the party to the judicial review proceeding asserting invalidity.
(b) The validity of agency action shall be determined in accordance with the standards of review provided in this section, as applied to the agency action at the time it was taken.
(c) The court shall make findings of fact on each material issue on which the court's decision is based.
(d) The court shall grant relief under section 15 of this chapter only if it determines that a person seeking judicial relief has been prejudiced by an agency action that is:
(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
(2) contrary to constitutional right, power, privilege, or immunity;
(3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right;
(4) without observance of procedure required by law; or
(5) unsupported by substantial evidence.
As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.22.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 5. Judicial Review › 4-21.5-5-15. Disposition

Sec. 15. If the court finds that a person has been prejudiced under section 14 of this chapter, the court may set aside an agency action and:
(1) remand the case to the agency for further proceedings; or
(2) compel agency action that has been unreasonably delayed or unlawfully withheld.
As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.23.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 5. Judicial Review › 4-21.5-5-16. Decisions on Petitions; Appeal

Sec. 16. Decisions on petitions for review of agency action are appealable in accordance with the rules governing civil appeals from the courts.
As added by P.L.18-1986, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 6. Civil Enforcement › 4-21.5-6-1. Court Order for Enforcement

Sec. 1. In addition to any other remedy provided by law:
(1) an agency in its own name;
(2) an agency in the name of the state;
(3) the attorney general in the name of the attorney general; or
(4) the attorney general in the name of the state at the request of an agency;
may apply for a court order in a circuit or superior court to enforce an order issued under this article by a verified petition for civil enforcement.
As added by P.L.18-1986, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 6. Civil Enforcement › 4-21.5-6-2. Enforcement of Subpoenas, Discovery Orders, and Protective Orders

Sec. 2. (a) This section applies only to the enforcement of a subpoena, discovery order, or protective order issued by an agency under this article.
(b) Any party to a proceeding before an agency who has obtained an order from an administrative law judge may apply for a court order in a circuit or superior court to enforce the subpoena or order issued by an agency by a verified petition for civil enforcement. Notice of an application under this section shall be given:
(1) to the administrative law judge issuing the order;
(2) to the attorney general; and
(3) to each party to the proceeding before the agency;
by personal service or by the United States mail at the time the application is filed.
As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.24.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 6. Civil Enforcement › 4-21.5-6-3. Civil Actions

Sec. 3. (a) This section does not apply to the enforcement of a subpoena, discovery order, or protective order issued by an agency under this article.
(b) Nothing in this chapter limits or precludes civil action under IC 13-30-1.
(c) Any party to a proceeding concerning an agency's order may file a petition for civil enforcement of that order.
(d) The action may not be commenced under this section if:
(1) less than sixty (60) days has elapsed since the petitioner gave notice of the alleged violation and of the petitioner's intent to seek civil enforcement to the head of the agency concerned, to the attorney general, and to each alleged violator against whom the petitioner seeks civil enforcement;
(2) the agency has filed and is diligently prosecuting a petition for civil enforcement of the same order against the same defendant; or
(3) a petition for review of the same order has been filed and is pending in court.
(e) The petition under this section must name as defendants each alleged violator against whom the petitioner seeks civil enforcement.
(f) The agency whose order is sought to be enforced is not a party to an action under this section unless the agency moves to intervene. The court shall grant an agency's motion to intervene and shall allow the agency to intervene as a plaintiff or defendant.
(g) The agency whose order is sought to be enforced under this section may move to dismiss on the grounds that the petition fails to qualify under this section or that enforcement would be contrary to the policy of the agency. The court shall grant the motion to dismiss unless the petitioner demonstrates that:
(1) the petition qualifies under this section; and
(2) the agency's failure to enforce its order is based on an exercise of discretion that is improper on one (1) or more of the grounds provided in IC 4-21.5-5-14.
(h) Except to the extent expressly authorized by law, a petition for civil enforcement filed under this section may not request, and the court may not grant, any monetary payment apart from taxable costs.
As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.25; P.L.1-1996, SEC.26.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 6. Civil Enforcement › 4-21.5-6-6. Relief Granted

Sec. 6. Upon a showing that a person has violated an order issued under this article, the court may grant:
(1) an injunction requested by any petitioner without bond;
(2) a restraining order or any appropriate relief other than an injunction requested by a petitioner under section 1 of this chapter without bond;
(3) a subpoena, discovery order, or protective order requested under section 2 of this chapter without a bond; or
(4) a restraining order or any appropriate relief other than an injunction requested by a petitioner under section 3 of this chapter with the bond specified by the court.
As added by P.L.18-1986, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 7. Environmental Adjudication › 4-21.5-7-1. "Director" Defined

Sec. 1. As used in this chapter, "director" refers to the director of the office of environmental adjudication established by section 3 of this chapter.
As added by P.L.41-1995, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 7. Environmental Adjudication › 4-21.5-7-2. "Office" Defined

Sec. 2. As used in this chapter, "office" refers to the office of environmental adjudication established by section 3 of this chapter.
As added by P.L.41-1995, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 7. Environmental Adjudication › 4-21.5-7-3. Office of Environmental Adjudication; Duties

Sec. 3. (a) The office of environmental adjudication is established to review, under this article, agency actions of the department of environmental management, actions of a board described in IC 13-14-9-1, and challenges to rulemaking actions by a board described in IC 13-14-9-1 made pursuant to IC 4-22-2-44 or IC 4-22-2-45.
(b) The office of environmental adjudication shall:
(1) conduct adjudicatory hearings required to implement:
(A) air pollution control laws (as defined in IC 13-11-2-6), water pollution control laws (as defined in IC 13-11-2-261), environmental management laws (as defined in IC 13-11-2-71), and IC 13-19;
(B) rules of the board (as defined in IC 13-13-8-1) and the financial assurance board; and
(C) agency action of the department of environmental management; and
(2) notify a board referred to in subdivision (1)(B) of a final order of the office of environmental adjudication that interprets:
(A) a rule of the board; or
(B) a statute under which a rule of the board is authorized.
As added by P.L.41-1995, SEC.2. Amended by P.L.1-1996, SEC.27; P.L.240-2003, SEC.1; P.L.99-2005, SEC.1; P.L.133-2012, SEC.6.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 7. Environmental Adjudication › 4-21.5-7-4. Employees

Sec. 4. (a) The office consists of the following employees:
(1) A director, appointed by the governor, who may serve as an environmental law judge.
(2) Environmental law judges, employed by the director.
(3) Any other staff, employed by the director, that are necessary to carry out the functions of the office.
(b) In the event of a vacancy, the governor shall appoint the director based upon recommendations by a four (4) member panel. Not more than two (2) members of the panel may be affiliated with the same political party. The panel shall consist of:
(1) one (1) person, who shall serve as the chair of the panel, appointed by the chief justice of the supreme court of Indiana;
(2) one (1) person appointed by the governor;
(3) one (1) person appointed by the speaker of the house of representatives; and
(4) one (1) person appointed by the president pro tempore of the senate.
The panel shall nominate three (3) candidates for each vacancy and certify them to the governor as promptly as possible, but not later than sixty (60) days from the date a vacancy occurs. Not later than thirty (30) days after receipt of the panel's list of three (3) candidates, the governor may select one (1) candidate from the panel's list, or the governor may request that the panel nominate three (3) additional candidates. The panel shall meet whenever there is a vacancy in the director position.
As added by P.L.41-1995, SEC.2. Amended by P.L.10-2019, SEC.6.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 7. Environmental Adjudication › 4-21.5-7-5. Decisions Reviewed by Law Judge

Sec. 5. (a) Except as provided in IC 14-10-2-2.5, an environmental law judge is the ultimate authority under this article for reviews of agency actions of the department of environmental management, actions of a board described in IC 13-14-9-1, and challenges to rulemaking actions by a board described in IC 13-14-9-1 made pursuant to IC 4-22-2-44 or IC 4-22-2-45.
(b) An environmental law judge under this chapter has the same authority and responsibilities as an administrative law judge.
As added by P.L.41-1995, SEC.2. Amended by P.L.99-2005, SEC.2; P.L.84-2008, SEC.1; P.L.32-2011, SEC.7.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 7. Environmental Adjudication › 4-21.5-7-5.5. Consolidated Proceedings

Sec. 5.5. A proceeding that is subject to the jurisdiction of both the office and the natural resources commission's division of hearings established under IC 14-10-2-2 may be consolidated under IC 14-10-2-2.5.
As added by P.L.84-2008, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 7. Environmental Adjudication › 4-21.5-7-6. Qualifications of Law Judge and Director; Appointment of Special Judge

Sec. 6. (a) An environmental law judge hired after July 1, 1995, and the director must:
(1) be attorneys admitted to the bar of Indiana;
(2) have at least five (5) years of experience practicing administrative or environmental law in Indiana;
(3) be independent of the department of environmental management; and
(4) be subject to all provisions applicable to an administrative law judge under this article.
(b) The director may appoint a special environmental law judge. The special environmental law judge must meet the requirements of subsection (a).
As added by P.L.41-1995, SEC.2. Amended by P.L.99-2005, SEC.3; P.L.100-2012, SEC.5.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 7. Environmental Adjudication › 4-21.5-7-7. Powers of Office

Sec. 7. The office may:
(1) adopt forms; and
(2) establish procedural rules under IC 4-22-2;
consistent with this article.
As added by P.L.41-1995, SEC.2. Amended by P.L.137-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 7. Environmental Adjudication › 4-21.5-7-8. Proposed Budget; Payment of Expenses

Sec. 8. (a) The director shall prepare the proposed budget for the office.
(b) The expenses of the office shall be paid from money allotted to the office of environmental adjudication to maintain the office.
As added by P.L.41-1995, SEC.2. Amended by P.L.25-1997, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 7. Environmental Adjudication › 4-21.5-7-9. Receipt and Acceptance of Gifts

Sec. 9. The office, on behalf of the state, may accept and receive from any source gifts and other funds that are made available to the state for the purposes of this chapter.
As added by P.L.25-1997, SEC.3.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 4-22-2-0.3. Legalization of Certain Rules Adopted Without Approval of Fire Prevention and Building Safety Commission

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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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) 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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 24 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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 Internet web site. An agency shall consider providing a comment period that exceeds the minimum required by law.
As added by P.L.152-2012, SEC.5.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 22. Administrative Rules and Procedures › Chapter 2. Adoption of Administrative Rules › 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.