§ 13-14-9-16 — Expiration of rule document; publisher notification of failure to adopt a rule

Indiana § 13-14-9-16

• Jurisdiction: Indiana
• Art. 14: POWERS AND DUTIES OF DEPARTMENT OF
• Ch. 9: Rulemaking Procedures

Text

(a) For a rule document subject to this
chapter, the one (1) year period established under IC 4-22-2-25 in
which to adopt a rule and obtain the approval or deemed approval of
the governor commences on the date that the initial public comment
period notice for the rule document is published in the Indiana Register
under section 4 of this chapter.
(b) If an agency determines that a rule cannot be adopted within one
(1) year after the publication of the notice, the department shall, before
two hundred fifty (250) days following the publication of the notice,
notify the publisher by electronic means:
(1) the reasons why the rule was not adopted and the expected
date the rule will be completed; and
(2) the expected date the rule will be approved or deemed
approved by the governor or withdrawn under IC 4-22-2-41.
(c) If a rule is not approved before the later of:
(1) one (1) year after the department publishes the initial notice
of intent under this chapter; or
(2) the expected date contained in a notice concerning the rule
that is provided to the publisher under subsection (b);
a later approval or deemed approval is ineffective, and the rule may
become effective only through another rulemaking action initiated
under this chapter.

Legislative History

As added by P.L.249-2023, SEC.66.