Indiana § 13-14-9-3 Public comment period; notice

Indiana Statutes

§ 13-14-9-3 — Public comment period; notice

Indiana·Art. 14 POWERS AND DUTIES OF DEPARTMENT OF·Ch. 9 Rulemaking Procedures

Before publication of the notice described in IC 4-22-2-23, the department may provide notice in the Indiana Register of a public comment period regarding potential rulemaking. A notice provided under this section must do the following:

(1)Identify the authority under which the proposed rule is to be adopted.

(2)Describe the subject matter and the basic purpose of the proposed rule. The description required by this subdivision must:

(A)list all alternatives being considered by the department at the time of the notice;

(B)state whether each alternative listed under clause (A) creates:

(i)a restriction or requirement more stringent than a restriction or requirement imposed under federal law; or

(ii)a restriction or requirement in a subject area in which federal law does not impose rest

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Before publication of the notice described in
IC 4-22-2-23, the department may provide notice in the Indiana
Register of a public comment period regarding potential rulemaking.
A notice provided under this section must do the following:
(1) Identify the authority under which the proposed rule is to be
adopted.
(2) Describe the subject matter and the basic purpose of the
proposed rule. The description required by this subdivision must:
(A) list all alternatives being considered by the department at
the time of the notice;
(B) state whether each alternative listed under clause (A)
creates:
(i) a restriction or requirement more stringent than a
restriction or requirement imposed under federal law; or
(ii) a restriction or requirement in a subject area in which
federal law does not impose restrictions or requirements;
(C) state the extent to which each alternative listed under clause
(A) differs from federal law;
(D) include any information known to the department about the
potential fiscal impact of each alternative under clause (A) that
creates:
(i) a restriction or requirement more stringent than a
restriction or requirement imposed under federal law; or
(ii) a restriction or requirement in a subject area in which
federal law does not impose restrictions or requirements; and
(E) set forth the basis for each alternative listed under clause
(A).
(3) Describe the relevant statutory or regulatory requirements or
restrictions relating to the subject matter of the proposed rule that
exist before the adoption of the proposed rule.
(4) Request the submission of alternative ways to achieve the
purpose of the proposed rule.
(5) Request the submission of comments, including suggestions
of specific language for the proposed rule.
(6) Include a detailed statement of the issue to be addressed by
adoption of the proposed rule.
[Pre-1996 Recodification Citation: 13-7-7.1-3.]

Indiana § 13-14-9-3 (Public comment period; notice) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

As added by P.L.1-1996, SEC.4. Amended by P.L.130-1997, SEC.2; P.L.240-2003, SEC.4; P.L.282-2003, SEC.35; P.L.2-2005, SEC.54; P.L.215-2005, SEC.16; P.L.1-2006, SEC.200; P.L.100-2006, SEC.8; P.L.249-2023, SEC.52.