Indiana § 4-22-2-21 Incorporation by reference

Indiana Statutes

§ 4-22-2-21 — Incorporation by reference

Indiana § 4-22-2-21

Art. 22ADMINISTRATIVE RULES AND PROCEDURES

Ch. 2Adoption of Administrative Rules

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Bluebook

Ind. Code § 4-22-2-21 (2026).

Text

(a)If incorporation of the text in full would be cumbersome, expensive, or otherwise inexpedient, an agency may incorporate by reference into a rule part or all of any of the following matters:

(1)A federal or state statute, rule, or regulation.

(2)A code, manual, or other standard adopted by an agent of the United States, a state, or a nationally recognized organization or association.

(3)A manual of the department of local government finance adopted in a rule described in IC 6-1.1-31-9.

(4)The following requirements:

(A)The schedule, electronic formatting, and standard data, field, and record coding requirements for:

(i)the electronic data file under IC 6-1.1-4-25 concerning the parcel characteristics and parcel assessments of all parcels and personal property return characteristi

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(a) If incorporation of the text in full would
be cumbersome, expensive, or otherwise inexpedient, an agency may
incorporate by reference into a rule part or all of any of the following
matters:
(1) A federal or state statute, rule, or regulation.
(2) A code, manual, or other standard adopted by an agent of the
United States, a state, or a nationally recognized organization or
association.
(3) A manual of the department of local government finance
adopted in a rule described in IC 6-1.1-31-9.
(4) The following requirements:
(A) The schedule, electronic formatting, and standard data,
field, and record coding requirements for:
(i) the electronic data file under IC 6-1.1-4-25 concerning the
parcel characteristics and parcel assessments of all parcels
and personal property return characteristics and assessments;
and
(ii) the electronic data file under IC 36-2-9-20 concerning the
tax duplicate.
(B) The schedule, electronic formatting, and standard data,
field, and record coding requirements for data required to be
submitted under IC 6-1.1-5.5-3 or IC 6-1.1-11-8.
(C) Data export and transmission format requirements for
information described in clauses (A) and (B).
(b) Each matter incorporated by reference under subsection (a) must
be fully and exactly described.
(c) An agency may refer to a matter that is directly or indirectly
referred to in a primary matter by fully and exactly describing the
primary matter.
(d) Except as otherwise provided in this article, whenever an agency
submits a rule to the attorney general, the governor, or the publisher
under this chapter, the agency shall also submit a copy of the full text
of each matter incorporated by reference under subsection (a) into the
rule, other than the following:
(1) An Indiana statute or rule.
(2) A form or instructions for a form numbered by the Indiana
archives and record administration under IC 5-15-5.1-6.
(3) The source of a statement that is quoted or paraphrased in full
in the rule.
(4) Any matter that has been previously filed with the:
(A) secretary of state before July 1, 2006; or
(B) publisher after June 30, 2006.
(5) Any matter referred to in subsection (c) as a matter that is
directly or indirectly referred to in a primary matter.
(e) An agency may comply with subsection (d) by submitting a
paper or an electronic copy of the full text of the matter incorporated
by reference.

Legislative History

As added by P.L.31-1985, SEC.10. Amended by P.L.34-1993, SEC.2; P.L.6-1997, SEC.4; P.L.90-2002, SEC.9; P.L.28-2004, SEC.43; P.L.123-2006, SEC.4; P.L.149-2016, SEC.10; P.L.204-2016, SEC.7; P.L.249-2023, SEC.16.