§ 4-22-2-23 — Notice of first public comment period; solicitation of comments; publication

(a) An agency shall provide notice in the
Indiana Register of the first public comment period required by this
section. To publish notice of the first public comment period in the
Indiana Register, the agency must submit the following to the
publisher:
(1) A statement of the date, time, and place at which the hearing
required by section 26 of this chapter will be convened, including
information for how to attend the public hearing remotely.
(2) The full text of the agency's proposed rule in the form required
by section 20 of this chapter and the documents required by
section 21 of this chapter.
(3) The latest version of the regulatory analysis submitted to the
budget agency and the office of management and budget under
section 22.8 of this chapter.
(4) The determination of the budget agency and the office of
management and budget authorizing commencement of the public
comment periods.
(5) If the proposed rule 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, the agenda of the budget committee
meeting at which the rule was scheduled for review.
(6) If the proposed rule is expected to exceed the threshold set
forth in section 22.7(c)(6) of this chapter, the agenda of the
budget committee meeting at which the rule was scheduled for
review.
(7) The notice required under subsection (b).
(b) The notice of the first public comment period must include the
following:
(1) A general description of the subject matter of the proposed
rule.
(2) An overview of the intent and scope of the proposed rule and
the statutory authority for the rule.
(3) The latest version of the regulatory analysis submitted to the
budget agency and the office of management and budget under
section 22.8 of this chapter, excluding any appendices containing
any data, studies, or analyses referenced in the regulatory
analysis.
(4) Information concerning where, when, and how a person may
submit written comments on the proposed rule, including contact
information concerning the small business regulatory coordinator
required by section 28.1 of this chapter.
(5) Information concerning where, when, and how a person may
inspect and copy the regulatory analysis, and any data, studies, or
analyses referenced under subdivision (3).
(6) Information concerning where, when, and how a person may
inspect any documents incorporated by reference into the
proposed rule under section 21 of this chapter.
(7) An indication that, if the agency does not receive any
substantive comments during the public comment period or
public hearing, the agency may adopt a rule that is the same as or
does not substantially differ from the text of the proposed rule
published under this section.
Inadequacy or insufficiency of the published description or regulatory
analysis in a notice published under this section does not invalidate a
rulemaking action.
(c) Although the agency may comply with the publication
requirements of this section on different days, the agency must comply
with all of the publication requirements of this section at least thirty
(30) days before the public hearing required by section 26 of this
chapter is convened.
(d) The publisher shall review materials submitted under this
section and determine the date that the publisher intends to publish the
text of the proposed rule and the notice in the Indiana Register. If the
submitted material complies with this section, the publisher shall
establish the intended publication date, assign a document control
number to the proposed rule, and provide a written or an electronic
mail authorization to proceed to the agency. The publisher shall publish
the following in the Indiana Register on the intended publication date:
(1) The notice of the first public comment period, including any
information required under IC 13-14-9-4 (if applicable).
(2) The full text of the agency's proposed rule (excluding the full
text of a matter incorporated by reference under section 21 of this
chapter).

Legislative History

As added by P.L.31-1985, SEC.12. Amended by P.L.44-1995, SEC.3; P.L.1-1996, SEC.29; P.L.215-2005, SEC.3; P.L.152-2012, SEC.7; P.L.249-2023, SEC.20; P.L.93-2024, SEC.12.