§ 4-22-2-32 — Review of rule by attorney general; approval or disapproval

(a) The attorney general shall review each
rule submitted under section 31 of this chapter for legality.
(b) In the review, the attorney general shall determine whether the
rule adopted by the agency complies with the requirements under
section 29 of this chapter and (if applicable) IC 13-14-9. The attorney
general shall consider the following:
(1) The extent to which all persons affected by the adopted rule
should have understood from the published rule or rules that their
interests would be affected.
(2) The extent to which the subject matter of the adopted rule or
the issues determined in the adopted rule are different from the
subject matter or issues that were involved in the published rule
or rules.
(3) The extent to which the effects of the adopted rule differ from
the effects that would have occurred if the published rule or rules
had been adopted instead.
In the review, the attorney general shall consider whether the adopted
rule may constitute the taking of property without just compensation to
an owner.
(c) Except as provided in subsections (d) and (h), the attorney
general shall disapprove a rule under this section only if it:
(1) has been adopted without statutory authority;
(2) has been adopted without complying with this chapter;
(3) does not comply with requirements under section 29 of this
chapter; or
(4) violates another law.
Otherwise, the attorney general shall approve the rule without making
a specific finding of fact concerning the subjects.
(d) If an agency submits a rule to the attorney general without
complying with section 20(a)(2) of this chapter, the attorney general
may:
(1) disapprove the rule; or
(2) return the rule to the agency without disapproving the rule.
(e) If the attorney general returns a rule under subsection (d)(2), the
agency may bring the rule into compliance with section 20(a)(2) of this
chapter and resubmit the rule to the attorney general without readopting
the rule.
(f) If the attorney general determines in the course of the review
conducted under subsection (b) that a rule may constitute a taking of
property, the attorney general shall advise the following:
(1) The governor.
(2) The agency head.
Advice given under this subsection shall be regarded as confidential
attorney-client communication.
(g) The attorney general has forty-five (45) days from the date that
an agency:
(1) submits a rule under section 31 of this chapter; or
(2) resubmits a rule under subsection (e);
to approve or disapprove the rule. If the attorney general neither
approves nor disapproves the rule, the rule is deemed approved, and the
agency may submit it to the governor for approval under section 33 of
this chapter without the approval of the attorney general.
(h) For rules adopted under IC 13-14-9, the attorney general:
(1) shall determine whether the rule adopted by the agency under
IC 13-14-9 meets the appropriate substantial similarity or logical
outgrowth standard under section 29(c) of this chapter; and
(2) may disapprove a rule under this section only if the rule:
(A) has been adopted without statutory authority;
(B) has been adopted without complying with this chapter or IC 13-14-9;
(C) does not meet the appropriate substantial similarity or
logical outgrowth standard under section 29(c) of this chapter;
or
(D) violates another law.

Legislative History

As added by P.L.31-1985, SEC.21. Amended by P.L.36-1989, SEC.1; P.L.34-1993, SEC.4; P.L.12-1993, SEC.3; P.L.1-1996, SEC.31; P.L.1-2006, SEC.72; P.L.249-2023, SEC.32.