§ 13-14-9-12 — Rejection; grounds

The board may reject a proposed rule under
section 9 of this chapter if one (1) of the following conditions exists:
(1) The board determines that necessary amendments to the
proposed rule will affect persons that reasonably require an
opportunity to comment under section 4 of this chapter.
(2) The board determines that due to the fundamental or inherent
structure or content of the proposed rule, the only reasonably
anticipated method of developing a rule acceptable to the board
is to require the department to redraft the rule and to obtain public
comments under section 4 of this chapter.
(3) The board determines that, due to a procedural or other defect
in the implementation of applicable rulemaking requirements, an
interested or affected party will be unfairly and substantially
prejudiced if the public comment period under section 4 of this
chapter is not again afforded and that no reasonable alternative
method to obtain public comments is available to the interested or
affected party other than the public comment period under section
4 of this chapter.
[Pre-1996 Recodification Citation: 13-7-7.1-12.]

Legislative History

As added by P.L.1-1996, SEC.4. Amended by P.L.204-2007, SEC.13; P.L.249-2023, SEC.63.