Indiana § 4-22-2-38 Certain nonsubstantive rules; adoption; submission to publisher;
document control number; effective date; objections

Indiana Statutes

§ 4-22-2-38 — Certain nonsubstantive rules; adoption; submission to publisher; document control number; effective date; objections

Indiana·Art. 22 ADMINISTRATIVE RULES AND PROCEDURES·Ch. 2 Adoption of Administrative Rules

(a)This section applies to a rulemaking action resulting in any of the following rules:

(1)A rule that brings another rule into conformity with section 20 of this chapter.

(2)A rule that amends another rule to replace an inaccurate reference to a statute, rule, regulation, other text, governmental entity, or location with an accurate reference, when the inaccuracy is the result of the rearrangement of a federal or state statute, rule, or regulation under a different citation number, a federal or state transfer of functions from one (1) governmental entity to another, a change in the name of a federal or state governmental entity, or a change in the address of an entity.

(3)A rule correcting any other typographical, clerical, or spelling error in another rule.

(b)Sections 23 through 37

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(a) This section applies to a rulemaking action
resulting in any of the following rules:
(1) A rule that brings another rule into conformity with section 20
of this chapter.
(2) A rule that amends another rule to replace an inaccurate
reference to a statute, rule, regulation, other text, governmental
entity, or location with an accurate reference, when the inaccuracy
is the result of the rearrangement of a federal or state statute, rule,
or regulation under a different citation number, a federal or state
transfer of functions from one (1) governmental entity to another,
a change in the name of a federal or state governmental entity, or
a change in the address of an entity.
(3) A rule correcting any other typographical, clerical, or spelling
error in another rule.
(b) Sections 23 through 37.2 of this chapter do not apply to rules
described in subsection (a).
(c) Notwithstanding any other statute, an agency may adopt a rule
described by subsection (a) without complying with any statutory
notice, hearing, adoption, or approval requirement. In addition, the
governor may adopt a rule described in subsection (a) for an agency
without the agency's consent or action.
(d) A rule described in subsection (a) shall be submitted to the
publisher for the assignment of a document control number. The
agency (or the governor, for the agency) shall submit the rule in the
form required by section 20 of this chapter and with the documents
required by section 21 of this chapter. The publisher shall determine
the number of copies of the rule and other documents to be submitted
under this subsection.
(e) After a document control number is assigned, the agency (or the
governor, for the agency) shall submit the rule to the publisher for
filing. The agency (or the governor, for the agency) shall submit the
rule in the form required by section 20 of this chapter and with the
documents required by section 21 of this chapter. The publisher shall
determine the format of the rule and other documents to be submitted
under this subsection.
(f) Subject to section 39 of this chapter, the publisher shall:
(1) accept the rule for filing; and
(2) electronically record the date and time that it is accepted.
(g) Subject to subsection (h), a rule described in subsection (a) takes
effect on the latest of the following dates:
(1) The date that the rule being corrected by a rule adopted under
this section becomes effective.
(2) The date that is forty-five (45) days from the date and time
that the rule adopted under this section is accepted for filing
under subsection (f).
(h) The governor or the attorney general may file an objection to a
rule that is adopted under this section before the date that is forty-five
(45) days from the date and time that the rule is accepted for filing
under subsection (f). When filed with the publisher, the objection has
the effect of invalidating the rule.

Indiana § 4-22-2-38 (Certain nonsubstantive rules; adoption; submission to publisher; document control number; effective date; objections) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.