§ 4-22-2-19 — Action preceding effectiveness of authorizing statute

(a) This section does not apply to the adoption
of rules required to receive or maintain:
(1) delegation;
(2) primacy; or
(3) approval;
for state implementation or operation of a program established under
federal law.
(b) If an agency will have statutory authority to adopt a rule at the
time that the rule becomes effective, the agency may conduct any part
of its rulemaking action before the statute authorizing the rule becomes
effective. However, an agency shall:
(1) begin a rulemaking process needed to implement the statutory
change not later than sixty (60) days after the effective date of the
statute that authorizes the rule; or
(2) if an agency cannot comply with subdivision (1), provide
electronic notice to the publisher stating the reasons for the
agency's noncompliance.
(c) For purposes of this section, a rulemaking process is commenced
when:
(1) the agency publishes a proposed rule under section 23 or 37.2
of this chapter; or
(2) in the case of a change in a statute described in section 38 of
this chapter, the agency files with the publisher a rule document
under section 38 of this chapter.
Except as otherwise provided in IC 4-22-2.3, if an interim rulemaking
procedure is commenced under section 37.2 of this chapter, the agency
shall commence a permanent rulemaking process under section 23 of
this chapter before the adopted interim rule expires.

Legislative History

As added by P.L.31-1985, SEC.8. Amended by P.L.44-1995, SEC.2; P.L.215-2005, SEC.1; P.L.123-2006, SEC.2; P.L.53-2014, SEC.56; P.L.249-2023, SEC.13.