§ 4-22-2-22.8 — Submission or regulatory analysis for proposed rule; requirements; review process; implementation and compliance costs exceeding threshold; revised regulatory analysis

Indiana § 4-22-2-22.8

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

Text

8. (a) After conducting a regulatory analysis
under section 22.7 of this chapter, if an agency elects to adopt a rule
subject to section 23 of this chapter or IC 13-14-9, the agency shall
submit a request to the budget agency and the office of management
and budget to authorize commencement of the public comment periods
under this chapter or IC 13-14-9 (as applicable). The request must
include the following:
(1) A general description of the subject matter of the proposed
rule.
(2) The full text of the proposed rule (including a copy of any
matter incorporated by reference under section 21 of this chapter)
in the form required by the publisher, including citations to any
related authorizing and affected Indiana statutes.
(3) The regulatory analysis, including supporting data, prepared
under section 22.7 of this chapter.
(4) Any other information required by the office of management
and budget.
(b) The budget agency and the office of management and budget
shall expedite the review of the request to adopt a rule. The budget
agency and the office of management and budget may do the following:
(1) Return the request to the agency with a statement describing
any additional information needed to authorize or disapprove
further rulemaking actions on one (1) or more of the rules in the
request.
(2) Authorize the commencement of the public comment periods
on one (1) or more of the rules in the request with or without
changes.
(3) Disapprove commencement of the public comment periods on
one (1) or more of the rules with a statement of reasons for the
disapproval.
(c) If an agency has requested authorization for more than one (1)
rule in the same request, the budget agency and the office of
management and budget may make separate determinations with
respect to some or all of the rules in the request. Approval of a request
shall be treated as a determination that the review conducted and
findings made by the agency comply with the requirements of section
22.7 of this chapter and this section. The budget agency and the office
of management and budget may not approve any part of a proposed
rule that adds or amends language to increase or expand application of
a fee, fine, or civil penalty or a schedule of fees, fines, or civil penalties
before submitting the proposed rule to the budget committee for
review.
(d) If the implementation and compliance costs of a proposed rule
are expected to exceed the threshold set forth in section 22.7(c)(6) of
this chapter, the office of management and budget shall submit the rule
to the legislative council, in an electronic format under IC 5-14-6,
within thirty (30) days of completing the review of the regulatory
analysis. The chairperson of the legislative council shall inform
members of the budget committee of a rule submitted under this
subsection. The budget agency and the office of management and
budget may not approve any part of a proposed rule covered by this
subsection prior to review of the proposed rule by the budget
committee.
(e) Notice of the determination shall be provided to the agency in an
electronic format required by the publisher. The budget agency and the
office of management and budget may return to the agency any copy of
a matter incorporated by reference under section 21 of this chapter that
was submitted with the request.
(f) If an agency revises a proposed rule after the budget agency and
the office of management and budget authorize commencement of the
public comment periods, the agency must obtain a new notice of
determination under subsection (e). The agency shall resubmit to the
budget agency and the office of management and budget the revised
proposed rule and a revised regulatory analysis with sufficient
information for the budget agency and the office of management and
budget to determine the impact the revisions have on the regulatory
analysis previously reviewed by the budget agency and the office of
management and budget. After obtaining a new notice of
determination, the agency shall submit to the publisher the new notice
of determination, the revised proposed rule, and the revised regulatory
analysis.

Legislative History

As added by P.L.249-2023, SEC.19. Amended by P.L.93-2024, SEC.11; P.L.1-2025, SEC.24.