§ 13-14-9-4 — Notice of public comment; submission to publisher; requirements

Indiana § 13-14-9-4

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

Text

(a) In addition to the requirements of IC 4-22-2-23 and (if applicable) IC 4-22-2-24, the notice of public
comment period submitted by the department to the publisher must do
the following:
(1) Contain a summary of the response of the department to
written comments submitted under section 3 of this chapter, if
applicable.
(2) Request the submission of comments, including suggestions
of specific amendments to the language contained in the proposed
rule.
(3) Identify each element of the proposed rule that imposes a
restriction or requirement on persons to whom the proposed rule
applies that:
(A) is more stringent than a restriction or requirement imposed
under federal law; or
(B) applies in a subject area in which federal law does not
impose a restriction or requirement.
(4) With respect to each element identified under subdivision (3),
identify:
(A) the environmental circumstance or hazard that dictates the
imposition of the proposed restriction or requirement to protect
human health and the environment;
(B) examples in which federal law is inadequate to provide the
protection referred to in clause (A); and
(C) the:
(i) estimated fiscal impact; and
(ii) expected benefits;
based on the extent to which the proposed rule is more stringent
than the restrictions or requirements of federal law, or on the
creation of restrictions or requirements in a subject area in
which federal law does not impose restrictions or requirements.
(5) For any element of the proposed rule that imposes a restriction
or requirement that is more stringent than a restriction or
requirement imposed under federal law or that applies in a subject
area in which federal law does not impose restrictions or
requirements, describe the availability for public inspection of all
materials relied upon by the department in the development of the
proposed rule, including, if applicable:
(A) health criteria;
(B) analytical methods;
(C) treatment technology;
(D) economic impact data;
(E) environmental assessment data;
(F) analyses of methods to effectively implement the proposed
rule; and
(G) other background data.
(b) If the notice provided by the department concerning a proposed
rule identifies an element of the proposed rule that imposes a restriction
or requirement more stringent than a restriction or requirement
imposed under federal law, the proposed rule shall not become
effective under this chapter until the adjournment sine die of the
regular session of the general assembly that begins after the department
provides the notice.
(c) Subsection (b) does not prohibit or restrict the commissioner, the
department, or the board from:
(1) adopting provisional rules under IC 4-22-2-37.1;
(2) taking emergency action under IC 13-14-10; or
(3) temporarily:
(A) altering ordinary operating policies or procedures; or
(B) implementing new policies or procedures;
in response to an emergency situation.
[Pre-1996 Recodification Citation: 13-7-7.1-4.]

Legislative History

As added by P.L.1-1996, SEC.4. Amended by P.L.240-2003, SEC.5; P.L.215-2005, SEC.17; P.L.100-2006, SEC.9; P.L.218-2016, SEC.2; P.L.249-2023, SEC.53; P.L.93-2024, SEC.116.