§ 13-14-9-5 — Adoption; prerequisites

Indiana § 13-14-9-5

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

Text

(a) A board may not adopt a rule until all of the
following occur:
(1) The board holds a board meeting on the proposed rule.
(2) The department, after approval of the proposed rule by the
board under subsection (c), publishes the information in the
Indiana Register required by section 4 of this chapter. However,
a notice of an additional public comment period under section 4.5
of this chapter must request the submission of comments,
including suggestions of specific amendments, that concern only
the portion of the preliminarily adopted rule that is substantively
different from the language contained in the proposed rule
published in the immediately preceding notice under section 4 or
(if applicable) 4.5 of this chapter.
(3) The board, after publication of the notice under subdivision
(2), holds another board meeting on the proposed rule.
(4) If an additional public comment period is required under
section 4.5 of this chapter, the department publishes notice of the
additional public comment period in the Indiana Register.
(b) Board meetings held under subsection (a)(1) and (a)(3) shall be
conducted in accordance with IC 4-22-2-26(b) through IC 4-22-2-26(d).
(c) At a board meeting held under subsection (a)(1), the board shall
determine whether the proposed rule will:
(1) proceed to publication under subsection (a)(2);
(2) be subject to additional comments under section 4.5 of this
chapter; or
(3) be reconsidered at a subsequent board meeting in accordance
with IC 4-22-2-26(d).
[Pre-1996 Recodification Citation: 13-7-7.1-5.]

Legislative History

As added by P.L.1-1996, SEC.4. Amended by P.L.130-1997, SEC.4; P.L.2-1998, SEC.48; P.L.224-1999, SEC.2; P.L.123-2006, SEC.29; P.L.249-2023, SEC.56.