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

Indiana Statutes

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

Indiana § 4-22-2-45

Art. 22ADMINISTRATIVE RULES AND PROCEDURES

Ch. 2Adoption of Administrative Rules

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Bluebook

Ind. Code § 4-22-2-45 (2026).

Text

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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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.