§ 4-22-2-17 — Public access to rules and proposed rules; remote webcast hearings

Indiana § 4-22-2-17

• Jurisdiction: Indiana
• Art. 22: ADMINISTRATIVE RULES AND PROCEDURES
• Ch. 2: Adoption of Administrative Rules

Text

(a) IC 5-14-3 applies to the text of a rule that
an agency intends to adopt from the earlier of the date that the agency
takes any action under section 23 of this chapter, otherwise notifies the
public of its intent to adopt a rule under any statute, or adopts the rule.
(b) IC 5-14-3 applies both to a rule and to the full text of a matter
directly or indirectly incorporated by reference into the rule.
(c) Subject to subsection (e), after June 30, 2023, a public hearing
or other public meeting in which an agency receives comments
concerning a rulemaking action from the general public must be
webcast on the state website during the hearing or meeting for the
public to view the proceedings. Webcasts must be archived as public
records on the state website.
(d) Subject to subsection (e), after June 30, 2023, an agency that
conducts a public hearing or other public meeting at which the agency
receives comments concerning a rulemaking action from the general
public must provide a method by which members of the public can
attend and comment remotely.
(e) The office of management and budget in consultation with the
office of technology and the publisher shall establish how and where
webcasts will be available, how agencies will provide opportunities for
the general public to attend and comment remotely, and where notices
of upcoming webcasts will be posted. The governor, by executive
order, may delay the implementation of subsection (c) or (d), or both,
for one (1) or more agencies if the governor finds that implementation
of subsection (c) or (d), or both, is not technically feasible. The
governor shall include specific findings concerning the reasons for a
delay in the executive order. A delay under this subsection may not
extend beyond December 31, 2025.
(f) Inadequacy or insufficiency of webcasting, archive of
webcasting, or remote access under this section or a statement in a
notice of the availability of webcasting, archive of webcasting, or
remote access does not invalidate a rulemaking action.

Legislative History

As added by P.L.31-1985, SEC.6. Amended by P.L.249-2023, SEC.11.