Indiana Statutes

§ 4-22-2-45 — Invalidity of rule; assertion; limitation

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

A:

(1)claim; or
(2)defense; that asserts that a rule is invalid on procedural grounds may not be asserted if the claim or defense is based on rulemaking procedures that were followed or should have been followed by a board described in IC 13-14-9-1 or the department in adopting a rule under this chapter unless the claim or defense that asserts the procedural defect is filed not more than two (2) years after the date the rule becomes effective. However, a claim may be filed or a defense raised at any time for an alleged procedural defect that is alleged to have caused substantial harm to the due process rights of an individual.

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Related

Indianapolis Downs, LLC v. INDIANA HORSE RACING COM'N
827 N.E.2d 162 (Indiana Court of Appeals, 2005)
9 case citations
Indianapolis Downs, LLC v. Indiana Horse Racing Commission
827 N.E.2d 190 (Indiana Court of Appeals, 2005)

Legislative History

As added by P.L.34-1993, SEC.6. Amended by P.L.1-1996, SEC.33.

Nearby Sections

15
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