§ 4-22-2-25 — Limitation on time in which to adopt rule

Indiana § 4-22-2-25

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

Text

(a) An agency has one (1) year from the date
that it publishes a notice in the Indiana Register of the first public
comment period under section 23 of this chapter to comply with
sections 23 through 33 of this chapter and obtain the approval or
deemed approval of the governor. If an agency determines that a rule
cannot be adopted within one (1) year after the publication of the notice
of the first public comment period under section 23 of this chapter, the
agency shall, before the two hundred fiftieth day following the
publication of the notice of the first public comment period under
section 23 of this chapter, notify the publisher by electronic means:
(1) the reasons why the rule was not adopted and the expected
date the rule will be completed; and
(2) the expected date the rule will be approved or deemed
approved by the governor or withdrawn under section 41 of this
chapter.
(b) If a rule is not approved before the later of:
(1) one (1) year after the agency publishes notice of the first
public comment period under section 23 of this chapter; or
(2) the expected date contained in a notice concerning the rule
that is provided to the publisher under subsection (a);
a later approval or deemed approval is ineffective, and the rule may
become effective only through another rulemaking action initiated
under this chapter.

Legislative History

As added by P.L.31-1985, SEC.14. Amended by P.L.44-1995, SEC.5; P.L.123-2006, SEC.6; P.L.53-2014, SEC.58; P.L.5-2015, SEC.6; P.L.249-2023, SEC.23.