2.
(a)The following do not apply to a rule
adopted under this section:
(1)Sections 23 through 27 of this chapter or IC 13-14-9 (as
applicable).
(2)Sections 28 through 36 of this chapter.
This section as added by the 2023 regular session of the general
assembly applies to interim rules that are accepted for filing by the
publisher of the Indiana Register after June 30, 2023, regardless of
whether the adopting agency initiated official action to adopt the
interim rule before July 1, 2023. An action taken before July 1, 2023,
in conformity with this section (as effective after June 30, 2023) is
validated to the same extent as if the action was taken after June 30,
2023.
(b)An agency may only adopt a rule on a subject for which the
agency has rulemaking authority using the procedures in th
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2. (a) The following do not apply to a rule
adopted under this section:
(1) Sections 23 through 27 of this chapter or IC 13-14-9 (as
applicable).
(2) Sections 28 through 36 of this chapter.
This section as added by the 2023 regular session of the general
assembly applies to interim rules that are accepted for filing by the
publisher of the Indiana Register after June 30, 2023, regardless of
whether the adopting agency initiated official action to adopt the
interim rule before July 1, 2023. An action taken before July 1, 2023,
in conformity with this section (as effective after June 30, 2023) is
validated to the same extent as if the action was taken after June 30,
2023.
(b) An agency may only adopt a rule on a subject for which the
agency has rulemaking authority using the procedures in this section if
the governor finds that the agency proposing to adopt the rule has
demonstrated to the satisfaction of the governor that use of interim
rulemaking procedures under this section is necessary to implement:
(1) a new state or federal law or program, rule of another state
agency, federal regulation, or federal grant or loan agreement, or
(if used by the agency to carry out the agency's responsibilities)
a building, an equipment, a firefighting, a safety, or a professional
code adopted by a nationally recognized organization;
(2) a change in a state or federal law or program, rule of another
state agency, federal regulation, federal grant or loan agreement,
or (if used by the agency to carry out the agency's responsibilities)
a building, an equipment, a firefighting, a safety, or a professional
code adopted by a nationally recognized organization; or
(3) a category of rule authorized under IC 4-22-2.3 to be adopted
as an interim rule;
before the time that a final rule approved by the governor under section
34 of this chapter could reasonably take effect.
(c) To obtain a determination from the governor, an agency must
submit to the governor the text of the proposed interim rule, a statement
justifying the need for interim rulemaking procedures, and any
additional information required by the governor in the form and in the
manner required by the governor. The governor may not approve
interim rulemaking for any part of a proposed interim rule that:
(1) 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; or
(2) is expected to exceed the threshold set forth in section
22.7(c)(6) of this chapter;
prior to the budget committee's review of the proposed interim rule. A
notice of determination by the governor shall include findings that
explain the basis for the determination. The notice of determination
shall be provided to the agency in an electronic format. Approval of a
request shall be treated as a determination that the rule meets the
criteria in this subsection.
(d) To publish a notice of interim rulemaking in the Indiana
Register, the agency must submit the following to the publisher:
(1) The full text of the agency's proposed interim rule in the form
required by section 20 of this chapter.
(2) The regulatory analysis submitted to the governor under
subsection (c).
(3) A statement justifying the need for interim rulemaking.
(4) The approval of the governor to use interim rulemaking
procedures for the rule.
(5) If the proposed interim 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) The documents required by section 21 of this chapter.
(7) If the proposed interim 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.
The publisher shall review materials submitted under this section and
determine the date that the publisher intends to include the material in
the Indiana Register. After establishing the intended publication date,
the publisher shall provide a written or an electronic mail authorization
to proceed to the agency.
(e) The agency shall include the following in the notice of the public
comment period:
(1) A general description of the subject matter of the proposed
interim rule, including the document control number.
(2) The full text of the agency's proposed interim rule in the form
required by section 20 of this chapter (excluding the text of a
matter incorporated by reference under section 21 of this chapter).
(3) The regulatory analysis submitted to the governor under
subsection (c) (excluding appendices containing data, studies, or
analyses referenced in the regulatory analysis).
(4) A statement justifying any requirement or cost that is:
(A) imposed on a regulated entity under the interim rule; and
(B) not expressly required by the statute authorizing the agency
to adopt rules or any other state or federal law.
The statement required under this subdivision 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.
(5) Information concerning where, when, and how a person may
inspect and copy any data, studies, or analyses referenced under
subdivision (4).
(6) Information concerning where, when, and how a person may
inspect any documents incorporated by reference into the
proposed interim rule under section 21 of this chapter.
(7) A date that is thirty (30) days after the notice is published in
the Indiana Register by which written comments are due and a
statement explaining that any person may submit written
comments concerning the proposed interim rule during the public
comment period and instructions on when, where, and how the
person may submit written comments.
However, inadequacy or insufficiency of the subject matter description
under subdivision (1) or a statement of justification under subdivision
(4) in a notice does not invalidate a rulemaking action. An agency may
continue the public comment period by publishing a subsequent notice
in the Indiana Register extending the public comment period.
(f) Before adopting the interim rule, the agency shall prepare a
written response to comments received by the agency, including the
reasons for rejecting any recommendations made in the comments.
(g) After an agency has completed the public comment period and
complied with subsection (f), the agency may:
(1) adopt a rule that is identical to a proposed interim rule
published in the Indiana Register under this section; or
(2) adopt a revised version of a proposed interim rule published
under this section and include provisions that did not appear in
the initially published proposed version.
An agency may not adopt an interim rule that substantially differs from
the version of the proposed interim rule published in the Indiana
Register under this section, unless it is a logical outgrowth of any
proposed interim rule as supported by any written comments submitted
during the public comment period.
(h) After the agency adopts the interim rule, the agency shall submit
the following to the publisher for filing:
(1) The text of the adopted interim rule. The agency shall submit
the full text of the interim rule in the form required by section 20
of this chapter.
(2) A summary of the comments received by the agency during
the public comment period and the agency's response to the
comments.
(3) A signature page that indicates that the agency has adopted the
interim rule in conformity with all procedures required by law.
(4) The documents required by section 21 of this chapter.
The publisher shall determine the format of the interim rule and other
documents to be submitted under this subsection. An interim rule may
suspend but not repeal a rule approved by the governor under section
34 of this chapter.
(i) Subject to subsection (h) and section 39 of this chapter, the
publisher shall:
(1) accept the interim rule for filing;
(2) electronically record the date and time that the interim rule is
accepted; and
(3) publish the text of the:
(A) adopted interim rule;
(B) regulatory analysis (excluding appendices containing data,
studies, or analyses referenced in the regulatory analysis); and
(C) governor's approval in the Indiana Register.
(j) An interim rule adopted by an agency under this section takes
effect on the latest of the following dates:
(1) The effective date of the statute delegating authority to the
agency to adopt the interim rule.
(2) The date and time that the interim rule is accepted for filing
under subsection (i).
(3) The effective date stated by the adopting agency in the interim
rule.
(4) The date of compliance with every requirement established by
law as a prerequisite to the adoption or effectiveness of the
interim rule.
(5) The statutory effective date for an interim rule set forth in law.
(k) An agency may amend an interim rule with another interim rule
by following the procedures in this section for adoption of an interim
rule. Except as provided in IC 4-22-2.3, an interim rule and all
subsequent rules on the same subject adopted under section 37.1 of this
chapter or this section expire not later than four hundred twenty-five
(425) days after the initial interim rule is accepted for filing under
subsection (i).
(l) Subject to subsection (m), the attorney general or the governor
may file an objection to an interim rule that is adopted under this
section not later than forty-five (45) days after the date that an interim
rule or amendment to an interim rule is accepted for filing under
subsection (i). The objection must cite the document control number
for the affected interim rule and state the basis for the objection. When
filed with the publisher, the objection has the effect of invalidating the
interim rule or amendment to an interim rule. The publisher shall
publish the objection in the Indiana Register.
(m) The attorney general may file a written objection to an interim
rule under subsection (l) only if the attorney general determines that the
interim rule has been adopted:
(1) without statutory authority; or
(2) without complying with this section.
A notice of objection to an interim rule by the attorney general must
include findings that explain the basis for the determination. The notice
of objection shall be provided to the agency in an electronic format.