Indiana § 4-22-2-46 - Repealed

§ 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 Repealed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 Repealed by P.L.53-2014, SEC.61.

IC 4-22-2.1Chapter 2.1. Rules Affecting Small Businesses

4-22-2.1-1Application of chapter; exemption for certain rules 4-22-2.1-2Application of definitions in rulemaking statute 4-22-2.1-3Repealed 4-22-2.1-4"Small business" 4-22-2.1-4.5"Small business ombudsman" 4-22-2.1-5Rules affecting small businesses; economic impact statement required 4-22-2.1-6Review by small business ombudsman; consideration of written comments by agency 4-22-2.1-7Review of rule before readoption 4-22-2.1-8Small businesses' right of action to determine agency's compliance

IC 4-22-2.1-1Application 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.

IC 4-22-2.1-2Application 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.

IC 4-22-2.1-3RepealedAs added by P.L.188-2005, SEC.4. Repealed by P.L.109-2015, SEC.14.

IC 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.

IC 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.

IC 4-22-2.1-5Rules affecting small businesses; economic impact statement required Sec. 5. (a) 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.

(b) The agency shall submit a copy of the notice of the first public comment period and regulatory analysis published under IC 4-22-2-23 to the small business ombudsman not later than the publication of the notice of the first public comment period.

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; P.L.93-2024, SEC.18.

IC 4-22-2.1-6Review 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 4-22-2-23, the small business ombudsman shall do the following:

(1) Review the proposed rule contained within the notice of the first public comment period and economic impact statement contained within the regulatory analysis 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; P.L.93-2024, SEC.19.

IC 4-22-2.1-7Review 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.

IC 4-22-2.1-8Small 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.

IC 4-22-2.3Chapter 2.3. Transitional Provisions; Exceptions to Rulemaking Procedures

4-22-2.3-1Expiration of certain emergency rules 4-22-2.3-2Extension of provisional rule by the governor 4-22-2.3-3Interim rules by director of the department of natural resources 4-22-2.3-4State board of education interim rules 4-22-2.3-5Department of natural resources interim rules 4-22-2.3-6Department of financial institutions' interim rules 4-22-2.3-7Utility regulatory commission interim rules 4-22-2.3-8Board of pharmacy interim rules 4-22-2.3-9Pesticide review board interim rules 4-22-2.3-10Interim rules to implement reductions, waivers, or elimination of fees, fines, or civil penalties

IC 4-22-2.3-1Expiration 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.

IC 4-22-2.3-2Extension 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.

IC 4-22-2.3-3Interim 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.

IC 4-22-2.3-4State 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.

IC 4-22-2.3-5Department 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.

IC 4-22-2.3-6Department 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 37-2 (Uniform Consumer Credit Code) are to change, the changes in dollar amounts required by IC 37-2-1-5(b);

(B) promptly after the changes occur, changes in the Index required by IC 37-2-1-5(c), 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 37-5-2-8 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 37-1-1-1 (licensing system for creditors and mortgage loan originators) or IC 37-2 (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 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. Amended by P.L.93-2024, SEC.20; P.L.115-2026, SEC.7.

IC 4-22-2.3-7Utility 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). 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. Amended by P.L.36-2026, SEC.1.

IC 4-22-2.3-8Board of pharmacy interim rules Sec. 8. (a) The Indiana board of pharmacy, on its own initiative or under a written request from the state police department, the United States Drug Enforcement Administration, or a poison control center, 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.

(b) In making a determination under subsection (a)(3), the Indiana board of pharmacy shall consider the following factors relating to the substance:

(1) The actual or relative potential for abuse.

(2) Scientific evidence of the substance's pharmacological effect, if known.

(3) The state of scientific knowledge regarding the substance.

(4) The history and current pattern of abuse of the substance.

(5) The scope, duration, and significance of abuse of the substance.

(6) The degree of risk to the public health.

(7) The psychic or psychological dependence liability of the substance.

(c) 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 June 30 of the year following the year in which 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. Amended by P.L.84-2024, SEC.1.

IC 4-22-2.3-9Pesticide review board interim rules Sec. 9. (a) The Indiana pesticide review board may adopt interim rules under IC 4-22-2-37.2 to classify a pesticide as a restricted use pesticide, if the Indiana pesticide review board finds that adoption of the interim rule is necessary to prevent an undue and immediate hazard to persons, animals, wildlife, lands, or water, other than the pests that the pesticide is intended to prevent, destroy, control, or mitigate.

(b) The Indiana pesticide review board may adopt interim rules under IC 4-22-2-37.2 to impose a restriction or requirement on the storage, distribution, use, application, or record keeping for a restricted use pesticide that is more stringent than the restriction or requirement imposed under federal law if the Indiana pesticide review board finds that weather, soil, or other conditions in Indiana impact the effectiveness or safety of the storage, distribution, use, application, or record keeping of the restricted use pesticide in a manner that differs from federal law generally.

(c) The Indiana pesticide review board may adopt interim rules under IC 4-22-2-37.2 to impose a restriction or requirement on the storage, distribution, use, application, or record keeping for a restricted use or general use pesticide that is more stringent than the restriction or requirement imposed under federal law if the Indiana pesticide review board receives a written request from the registrant of the applicable pesticide.

(d) Unless specifically authorized by Indiana law under IC 15-16-5-72, an interim rule authorized under this section expires on adjournment sine die of the regular session of the general assembly that begins 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.

IC 4-22-2.3-10Interim rules to implement reductions, waivers, or elimination of fees, fines, or civil penalties Sec. 10. (a) An agency may adopt interim rules under IC 4-22-2-37.2 to implement a reduction, a full or partial waiver, or an elimination of a fee, fine, or civil penalty included in a rule adopted under IC 4-22-2.

(b) An interim rule authorized under this section expires not later than January 1 of the fifth year after the year in which the rule is accepted for filing by the publisher of the Indiana Register.

(c) A rule described in this section may be continued:

(1) if the agency readopts the rule:

(A) without changes in conformity with the procedures in IC 4-22-2.6-3 through IC 4-22-2.6-9; or

(B) with or without changes in conformity with the procedures in IC 4-22-2-23 through IC 4-22-2-36; or

(2) 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 the 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.93-2024, SEC.21.

IC 4-22-2.5Chapter 2.5. RepealedRepealed by P.L.249-2023, SEC.44.

IC 4-22-2.6Chapter 2.6. Expiration and Readoption of Administrative Rules

4-22-2.6-1Dates for expiration; exceptions 4-22-2.6-2Procedure for readoption 4-22-2.6-3Readoption of rule; initial notice; document control number 4-22-2.6-4Readoption of rule affecting fees, fines, civil penalties, and small businesses; review required; agency written findings 4-22-2.6-4Readoption of rule affecting fees, fines, civil penalties, and small businesses; review required; agency written findings 4-22-2.6-5Readoption of rule; notice submission to publisher; public comment period; authorization to proceed 4-22-2.6-5Readoption of rule; submission of agency findings, notice submission to publisher; public comment period; authorization to proceed 4-22-2.6-6Agency response to public comments 4-22-2.6-7Rulemaking document; submission to publisher 4-22-2.6-8Readopted rule; effective date 4-22-2.6-9Withdrawal of readopted rule 4-22-2.6-10Power of governor to postpone expiration date 4-22-2.6-11Removal of expired rules

IC 4-22-2.6-1Dates for expiration; exceptions Sec. 1. (a) Except as provided in this section and section 10 of this chapter, a rule adopted under IC 4-22-2-23 through IC 4-22-2-36 expires January 1 of the fifth year after the year in which the rule takes effect, unless the rule expires or is repealed on an earlier date. Except for an amendment made under IC 4-22-2-38, the expiration date of a rule under this section is extended each time that a rule:

(1) amending under IC 4-22-2-23 through IC 4-22-2-36;

(2) continuing under IC 4-22-2.3-10; or

(3) readopting;

an unexpired rule takes effect. The rule, as amended or readopted, expires on January 1 of the fifth year after the year in which the amendment or readoption takes effect.

(b) If the latest version of a rule became effective:

(1) in calendar year 2017, the rule expires not later than January 1, 2024;

(2) in calendar year 2018, the rule expires not later than January 1, 2025;

(3) in calendar year 2019, the rule expires not later than January 1, 2026; or

(4) in calendar year 2020, the rule expires not later than January 1, 2027.

(c) If the latest version of a rule became effective before January 1, 2017, and:

(1) the rule was adopted by an agency established under IC 13, the rule expires not later than January 1, 2025;

(2) the rule was adopted by an agency established under IC 16, the rule expires not later than January 1, 2026; or

(3) the rule was adopted by an agency not described in subdivision (1) or (2), the rule expires not later than January 1, 2027.

(d) A readoption rulemaking action under IC 4-22-2.5 (before its repeal) or IC 13-14-9.5 (before its repeal) that became effective before July 1, 2023, is validated to the same extent as if the rulemaking action had been conducted under the procedures in this chapter.

(e) The determination of whether an administrative rule expires under this chapter shall be applied at the level of an Indiana Administrative Code section.

As added by P.L.249-2023, SEC.45. Amended by P.L.93-2024, SEC.22.

IC 4-22-2.6-2Procedure for readoption Sec. 2. An agency that has rulemaking authority may readopt a rule in anticipation of a rule's expiration under section 1 of this chapter. To readopt a rule, an agency may readopt the rule either:

(1) without changes in conformity with the procedures in sections 3 through 9 of this chapter; or

(2) with or without changes in conformity with the procedures in IC 4-22-2-23 through IC 4-22-2-36 (as modified by IC 13-14-9, when applicable).

As added by P.L.249-2023, SEC.45.

IC 4-22-2.6-3Readoption of rule; initial notice; document control number Sec. 3. (a) Except as provided in subsection (b), if an agency intends to readopt a rule, the agency shall, not later than January 1 of the year preceding the year in which the rule expires under this chapter, provide an initial notice of the intended readoption in an electronic format designated by the publisher to legislators and legislative committees in the manner and on the schedule specified by the legislative council or the personnel subcommittee of the legislative council acting for the legislative council.

(b) An agency is not required to provide the initial notice under subsection (a) for a rule described in section 1(b)(1) of this chapter.

(c) After receiving the material as required by this section, the publisher shall assign a document control number.

As added by P.L.249-2023, SEC.45. Amended by P.L.93-2024, SEC.23.

IC 4-22-2.6-4Readoption of rule affecting fees, fines, civil penalties, and small businesses; review required; agency written findings Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 4. (a) To readopt a rule, an agency must conduct a review of the rule to consider the continued need for the rule and whether the rule, if readopted, will meet each of the standards in IC 4-22-2-19.5 and (if applicable) the requirements for fees, fines, and civil penalties in IC 4-22-2-19.6.

(b) In the review, the agency shall reexamine previous cost benefit, economic impact, fiscal impact, and regulatory burden statements prepared by the agency for the rule under IC 4-3-22-13, IC 4-22-2-22.7, IC 4-22-2-22.8, IC 4-22-2-28, IC 4-22-2.1-5, or an executive order and revise the statements to reflect any change in circumstances that affect the analysis. The agency shall identify any alternative methods of achieving the purpose of the rule that are less costly or less intrusive, or that would otherwise minimize the economic impact of the proposed rule on small businesses (as defined in IC 4-22-2.1-4) and other regulated entities. The agency also shall consider the following:

(1) The nature of any complaints or comments received from the public, including small businesses (as defined in IC 4-22-2.1-4), concerning the rule or the rule's implementation by the agency.

(2) The complexity of the rule, including any difficulties encountered by:

(A) the agency in administering the rule; or

(B) small businesses (as defined in IC 4-22-2.1-4) or other regulated persons in complying with the rule.

(3) The degree to which technology, economic conditions, or other factors have changed in the area affected by the rule since the last time the rule was reviewed.

(c) The agency shall prepare written findings concerning the agency's determinations under this section.

As added by P.L.249-2023, SEC.45. Amended by P.L.213-2025, SEC.56.

IC 4-22-2.6-4Readoption of rule affecting fees, fines, civil penalties, and small businesses; review required; agency written findings Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 4. (a) To readopt a rule, an agency must conduct a review of the rule to consider the continued need for the rule and whether the rule, if readopted, will meet each of the standards in IC 4-22-2-19.5 and (if applicable) the requirements for fees, fines, and civil penalties in IC 4-22-2-19.6.

(b) In the review, the agency shall reexamine previous cost benefit, economic impact, fiscal impact, and regulatory burden statements prepared by the agency for the rule under IC 4-3-22-13, IC 4-22-2-22.7, IC 4-22-2-22.8, IC 4-22-2-28, IC 4-22-2.1-5, or an executive order and revise the statements to reflect any change in circumstances that affect the analysis. The agency shall identify any alternative methods of achieving the purpose of the rule that are less costly or less intrusive, or that would otherwise minimize the economic impact of the proposed rule on small businesses (as defined in IC 4-22-2.1-4) and other regulated entities. The agency also shall consider the following:

(1) The nature of any complaints or comments received from the public, including small businesses (as defined in IC 4-22-2.1-4), concerning the rule or the rule's implementation by the agency.

(2) The complexity of the rule, including any difficulties encountered by:

(A) the agency in administering the rule; or

(B) small businesses (as defined in IC 4-22-2.1-4) or other regulated persons in complying with the rule.

(3) The degree to which technology, economic conditions, or other factors have changed in the area affected by the rule since the last time the rule was reviewed.

(c) In the review, the agency shall compare the requirements within the rule to similar requirements in Illinois, Kentucky, Michigan, Ohio, and any additional states designated by the office of management and budget for comparison.

(d) The agency shall prepare written findings concerning the agency's determinations under this section. The written findings shall include the following:

(1) A statement identifying whether the program or subject matter covered by the rule is still carried out by the agency.

(2) The rationale for the agency's determination under subsection (a) for the continued need for the rule.

(3) The rationale for the agency's determination under subsection (a) that the rule, if readopted, will meet each of the standards in IC 4-22-2-19.5 and (if applicable) the requirements for fees, fines, and civil penalties in IC 4-22-2-19.6.

(4) Either of the following:

(A) Any revisions to previously prepared cost benefit, economic impact, fiscal impact, or regulatory burden statements prepared by the agency for the rule under:

(i) IC 4-3-22-13;

(ii) IC 4-22-2-22.7;

(iii) IC 4-22-2-22.8;

(iv) IC 4-22-2-28; or

(v) IC 4-22-2.1-5;

if those previously prepared statements were published by the Indiana Register.

(B) If the rule did not have a prior cost benefit, economic impact, fiscal impact, or regulatory burden statement prepared by the agency for the rule under:

(i) IC 4-3-22-13;

(ii) IC 4-22-2-22.7;

(iii) IC 4-22-2-22.8;

(iv) IC 4-22-2-28; or

(v) IC 4-22-2.1-5;

published in the Indiana Register, a copy of an updated regulatory burden statement that meets the requirements of IC 4-22-2-22.7.

(5) Any alternative methods of achieving the purpose of the rule that are less costly or less intrusive, or that would otherwise minimize the economic impact of the proposed rule on small businesses (as defined in IC 4-22-2.1-4) and other regulated entities.

(6) The nature of any complaints or comments received from the public, including small businesses (as defined in IC 4-22-2.1-4), concerning the rule or the rule's implementation by the agency.

(7) Any difficulties encountered by:

(A) the agency in administering the rule; or

(B) small businesses (as defined in IC 4-22-2.1-4) or other regulated persons in complying with the rule.

(8) The degree to which technology, economic conditions, or other factors have changed in the area affected by the rule since the last time the rule was adopted, readopted, or amended.

(9) Whether the federal government or any of the states covered by subsection (c) have less restrictive requirements than the rule, and, if so, the evidence or unique circumstances that justify why the more restrictive requirements in the rule are necessary.

(10) The last time the substantive content of the rule was amended.

(11) Whether the substantive content in the rule would be more appropriately integrated into the Indiana Code as opposed to remaining as a separate administrative rule. In making such a determination, the agency shall consider the frequency of updates to the rule since its initial promulgation. If the substantive content of the rule has not been modified in the prior eight (8) years, the agency must present specific facts that justify keeping the substantive content in an administrative rule rather than the Indiana Code.

(e) The written findings in subsection (d) must be submitted in a form that can be easily loaded into commonly used business analysis software and published in the Indiana Register using the format jointly developed by the publisher, the office of management and budget, and the budget agency. The office of management and budget may provide more stringent requirements for rules with fiscal impacts and costs above a threshold amount determined by the office of management and budget.

As added by P.L.249-2023, SEC.45. Amended by P.L.213-2025, SEC.56; P.L.152-2026, SEC.9.

IC 4-22-2.6-5Readoption of rule; notice submission to publisher; public comment period; authorization to proceed Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 5. (a) If an agency elects to readopt a rule under this chapter, the agency shall submit a notice of proposed readoption to the publisher not later than the first regular business day in September of the year preceding the year in which the rule expires under this chapter for publication in the Indiana Register. A separate notice must be published for each board or other person or entity with rulemaking authority.

(b) The notice must include the following:

(1) A general description of the subject matter of all rules proposed to be readopted.

(2) A listing of rules that are proposed to be readopted, listed by their titles and subtitles only.

(3) A written public comment period of thirty (30) days and instructions on how to submit written comments to the agency.

(4) A request for comments on whether specific rules should be reviewed through the regular rulemaking process under IC 4-22-2-23 through IC 4-22-2-36 (as modified by IC 13-14-9, when applicable).

(5) A summary of the agency's findings under section 4 of this chapter.

(6) Any other information required by the publisher.

(c) The agency shall submit the material in the form required by IC 4-22-2-20. The agency need not resubmit the documents required by IC 4-22-2-21 if the publisher received a copy of the documents when the rule was previously adopted or amended. The publisher shall review the material submitted under this section and determine the date that the publisher intends to include the material in the Indiana Register. After:

(1) establishing the intended publication date; and

(2) receiving the material as required by this section;

the publisher shall provide an electronic mail authorization to proceed to the agency and publish the material on the intended publication date.

As added by P.L.249-2023, SEC.45. Amended by P.L.93-2024, SEC.24.

IC 4-22-2.6-5Readoption of rule; submission of agency findings, notice submission to publisher; public comment period; authorization to proceed Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 5. (a) If an agency elects to readopt a rule under this chapter, the agency shall submit a copy of the written findings under section 4 of this chapter to the office of management and budget and the legislative council not later than the first regular business day in July of the year preceding the year in which the rule expires under this chapter.

(b) If an agency elects to readopt a rule under this chapter, the agency shall submit a notice of proposed readoption to the publisher not later than the first regular business day in September of the year preceding the year in which the rule expires under this chapter for publication in the Indiana Register. A separate notice must be published for each board or other person or entity with rulemaking authority.

(c) The notice must include the following:

(1) A general description of the subject matter of all rules proposed to be readopted.

(2) A listing of rules that are proposed to be readopted, listed by their titles and subtitles only.

(3) A written public comment period of thirty (30) days and instructions on how to submit written comments to the agency.

(4) A request for comments on whether specific rules should be reviewed through the regular rulemaking process under IC 4-22-2-23 through IC 4-22-2-36 (as modified by IC 13-14-9, when applicable).

(5) The agency's written findings under section 4 of this chapter.

(6) Any other information required by the publisher.

(d) The agency shall submit the material in the form required by IC 4-22-2-20. The agency need not resubmit the documents required by IC 4-22-2-21 if the publisher received a copy of the documents when the rule was previously adopted or amended. The publisher shall review the material submitted under this section and determine the date that the publisher intends to include the material in the Indiana Register. After:

(1) establishing the intended publication date; and

(2) receiving the material as required by this section;

the publisher shall provide an electronic mail authorization to proceed to the agency and publish the material on the intended publication date.

As added by P.L.249-2023, SEC.45. Amended by P.L.93-2024, SEC.24; P.L.152-2026, SEC.10.

IC 4-22-2.6-6Agency response to public comments Sec. 6. (a) The agency shall prepare responses to all comments received during the public comment period.

(b) The agency, after considering the written comments and responses, may do the following:

(1) Conduct one (1) or more additional public comment periods in the manner provided in section 5 of this chapter on one (1) or more rules within the scope of the notice of proposed readoption. If a person submits to the agency during the initial public comment period under section 5 of this chapter a written request stating a basis for considering a particular rule separately from other rules in the notice of proposed readoption, the agency may not readopt that rule under this chapter. The agency may readopt that rule with or without changes only through a rulemaking action initiated under IC 4-22-2-23 through IC 4-22-2-36 (as modified by IC 13-14-9, when applicable).

(2) Readopt one (1) or more rules within the scope of the notice of proposed readoption without change.

(3) Repeal one (1) or more rules within the scope of the notice of proposed readoption, if the need for the rule no longer exists. The adopting authority may repeal a rule without additional public comment periods under section 5 of this chapter.

As added by P.L.249-2023, SEC.45.

IC 4-22-2.6-7Rulemaking document; submission to publisher Sec. 7. (a) The agency shall immediately submit the rulemaking document containing the readopted rules to the publisher for filing along with documentation demonstrating that the agency has readopted the rules. The agency shall submit material in the form required by IC 4-22-2-20. The rulemaking document must make reference to the document control number assigned by the publisher.

(b) If the rulemaking document complies with this section, the publisher shall:

(1) accept the rule for filing; and

(2) electronically record the date and time the rule is accepted.

As added by P.L.249-2023, SEC.45.

IC 4-22-2.6-8Readopted rule; effective date Sec. 8. A readopted rule that has been accepted for filing under section 7 of this chapter takes effect on the latest of the following dates:

(1) The date that is thirty (30) days from the date and time that the rule was accepted for filing under section 7 of this chapter.

(2) The effective date stated by the agency in the rule.

(3) The date of compliance with every requirement established by law as a prerequisite to the readoption or effectiveness of the rule.

As added by P.L.249-2023, SEC.45.

IC 4-22-2.6-9Withdrawal of readopted rule Sec. 9. An agency that terminates a rulemaking action to readopt a rule with or without amendments shall submit a notice of withdrawal of the readoption rulemaking action in the manner provided in IC 4-22-2-41.

As added by P.L.249-2023, SEC.45.

IC 4-22-2.6-10Power of governor to postpone expiration date Sec. 10. If a rule is not readopted and the governor finds that the failure to readopt the rule causes an emergency to exist, the governor may, by executive order issued before the rule's expiration date, postpone the expiration date of the rule until a date that is not later than one (1) year after the date specified in section 1 of this chapter.

As added by P.L.249-2023, SEC.45.

IC 4-22-2.6-11Removal of expired rules Sec. 11. The publisher shall remove all rules that have expired under this chapter from the Indiana Administrative Code. However, a rule that has expired but is readopted under this chapter (or IC 4-22-2.5 (before its repeal) or IC 13-14-9.5 (before its repeal)) may not be removed from the Indiana Administrative Code.

As added by P.L.249-2023, SEC.45.

IC 4-22-3Chapter 3. Open Public Hearings

4-22-3-1Public policy 4-22-3-2Broadcasts of public hearings 4-22-3-3Limitations upon broadcasts