§ 4-22-2-22.7 — Regulatory analysis for proposed rules

Indiana § 4-22-2-22.7

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

Text

7. (a) Before complying with section 22.8,
37.1, or 37.2 of this chapter, an agency shall conduct a regulatory
analysis for the proposed rule that complies with the requirements of
this section.
(b) The office of management and budget shall set standards for the
criteria, analytical method, treatment technology, economic, fiscal, and
other background data to be used by an agency in the regulatory
analysis. The regulatory analysis must be submitted in a form that can
be easily loaded into commonly used business analysis software and
published in the Indiana Register using the format jointly developed by
the publisher, the office of management and budget, and the budget
agency. The office of management and budget may provide more
stringent requirements for rules with fiscal impacts and costs above a
threshold amount determined by the office of management and budget.
(c) At a minimum, the regulatory analysis must include findings and
any supporting data, studies, or analyses prepared for a rule that
demonstrate compliance with the following:
(1) The cost benefit requirements in IC 4-3-22-13.
(2) Each of the standards in section 19.5 of this chapter.
(3) If applicable, the requirements for fees, fines, and civil
penalties in section 19.6 of this chapter.
(4) The annual economic impact on small businesses statement
required under IC 4-22-2.1-5.
(5) If applicable, the information required under IC 13-14-9-4.
(6) A determination whether the combined implementation and
compliance costs of a proposed rule are at least one million
dollars ($1,000,000) for businesses, units, and individuals over
any two (2) year period.
(7) Any requirement under any other law to conduct an analysis
of the cost, benefits, economic impact, or fiscal impact of a rule,
if applicable.
(d) The regulatory analysis must include a statement justifying any
requirement or cost that is:
(1) imposed on a regulated entity under the rule; and
(2) not expressly required by:
(A) the statute authorizing the agency to adopt the rule; or
(B) any other state or federal law.
The statement required under this subsection must include a reference
to any data, studies, or analyses relied upon by the agency in
determining that the imposition of the requirement or cost is necessary.
(e) Except as provided in subsection (f), if the implementation and
compliance costs of a proposed rule are expected to exceed the
threshold set forth in subsection (c)(6), the publisher may not publish
the proposed rule until the budget committee has reviewed the rule.
(f) Subsection (e) does not apply to a proposed rule if the proposed
rule is:
(1) a provisional rule that was issued as the result of the governor
declaring an emergency under IC 10-14-3 and is only valid during
the emergency;
(2) a provisional or interim rule that complies only with the
requirements of a:
(A) federal law;
(B) federal regulation; or
(C) federal grant or loan program; or
(3) an interim rule that incorporates a new or updated:
(A) building;
(B) equipment;
(C) firefighting;
(D) safety; or
(E) professional;
code.
(g) If an agency has made a good faith effort to comply with this
section, a rule is not invalid solely because the regulatory analysis for
the proposed rule is insufficient or inaccurate.

Legislative History

As added by P.L.249-2023, SEC.18. Amended by P.L.93-2024, SEC.10.