§ 4-22-2-40 — Recall of rule; readoption

Indiana § 4-22-2-40

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

Text

(a) At any time before a rule is accepted for
filing by the publisher under section 35, 37.1, 37.2, or 38 of this
chapter, the agency that adopted the rule may recall it. A rule may be
recalled regardless of whether:
(1) the rule has been disapproved by the attorney general under
section 32 of this chapter; or
(2) the rule has been disapproved by the governor under section
34 of this chapter.
(b) IC 13-14-9 and sections 23 through 38 of this chapter do not
apply to a recall action under this section. However, the agency shall
distribute a notice of its recall action to the publisher for publication in
the Indiana Register. IC 13-14-9 and sections 23 and 26 of this chapter
do not apply to a readoption action under subsection (c).
(c) After an agency recalls a rule, the agency may reconsider its
adoption action and adopt an identical rule or a revised rule. However,
if IC 13-14-9 or sections 23 through 36 of this chapter apply to the
recalled rule, the readopted rule must comply with the requirements
under section 29 of this chapter or IC 13-14-9-9 (as applicable).
(d) The recall of a rule under this section voids any approval given
after the rule was adopted and before the rule was recalled.
(e) If a rule is:
(1) subject to sections 31 and 33 of this chapter;
(2) recalled under subsection (a); and
(3) readopted under subsection (c);
the agency shall resubmit the readopted version of the recalled rule to
the attorney general and the governor for approval. The attorney
general and the governor have the full statutory period to approve or
disapprove the readopted rule. The agency shall resubmit the readopted
version of a recalled rule to the office of management and budget with
sufficient information for the office of management and budget to
evaluate whether the initial regulatory analysis submitted to the office
of management and budget under section 22.8 of this chapter needs to
be revised. If the impact of the readopted rule is substantially different
from the recalled rule, the agency shall submit the revised regulatory
analysis to the publisher for publication in the Indiana Register with the
document control number assigned by the publisher to the rule. The
agency also shall comply with any other applicable approval
requirement provided by statute.
(f) The readopted version of a recalled rule is effective only after the
agency has complied with section 35, 37.1, 37.2, or 38 of this chapter.

Legislative History

As added by P.L.31-1985, SEC.29. Amended by P.L.1-1991, SEC.18; P.L.12-1993, SEC.4; P.L.123-2006, SEC.15; P.L.291-2013, SEC.7; P.L.53-2014, SEC.60; P.L.249-2023, SEC.37.