Indiana § 4-22-2.1-6 Review by small business ombudsman; consideration of written
comments by agency

Indiana Statutes

§ 4-22-2.1-6 — Review by small business ombudsman; consideration of written comments by agency

Indiana § 4-22-2.1-6

Art. 22ADMINISTRATIVE RULES AND PROCEDURES

Ch. 2.1Rules Affecting Small Businesses

This text of Indiana § 4-22-2.1-6 (Review by small business ombudsman; consideration of written comments by agency) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 4-22-2.1-6 (2026).

Text

(a)Not later than seven (7) days before the date of the public hearing set forth in the agency's notice under IC 4-22-2-23, the small business ombudsman shall do the following:

(1)Review the proposed rule contained within the notice of the first public comment period and economic impact statement contained within the regulatory analysis submitted to the small business ombudsman by the agency under section 5 of this chapter.

(2)Submit written comments to the agency on the proposed rule and the economic impact statement prepared by the agency under section 5 of this chapter. The small business ombudsman's comments may:

(A)recommend that the agency implement one (1) or more of the regulatory alternatives considered by the agency under section 5 of this chapter;

(B)suggest regulatory alte

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(a) Not later than seven (7) days before the
date of the public hearing set forth in the agency's notice under IC 4-22-2-23, the small business ombudsman shall do the following:
(1) Review the proposed rule contained within the notice of the
first public comment period and economic impact statement
contained within the regulatory analysis submitted to the small
business ombudsman by the agency under section 5 of this
chapter.
(2) Submit written comments to the agency on the proposed rule
and the economic impact statement prepared by the agency under
section 5 of this chapter. The small business ombudsman's
comments may:
(A) recommend that the agency implement one (1) or more of
the regulatory alternatives considered by the agency under
section 5 of this chapter;
(B) suggest regulatory alternatives not considered by the agency
under section 5 of this chapter;
(C) recommend any other changes to the proposed rule that
would minimize the economic impact of the proposed rule on
small businesses; or
(D) recommend that the agency abandon or delay the
rulemaking action until:
(i) more data on the impact of the proposed rule on small
businesses can be gathered and evaluated; or
(ii) less intrusive or less costly alternative methods of
achieving the purpose of the proposed rule can be effectively
implemented with respect to small businesses.
(b) Upon receipt of the small business ombudsman's written
comments under subsection (a), the agency shall make the comments
available:
(1) for public inspection and copying at the offices of the agency
under IC 5-14-3;
(2) electronically through the electronic gateway administered
under IC 4-13.1-2-2(a)(6) by the office of technology; and
(3) for distribution at the public hearing required by IC 4-22-2-26.
(c) Before finally adopting a rule under IC 4-22-2-29, and in the
same manner that the agency considers public comments under IC 4-22-2-27, the agency must fully consider the comments submitted by
the small business ombudsman under subsection (a). After considering
the comments under this subsection, the agency may:
(1) adopt any version of the rule permitted under IC 4-22-2-29; or
(2) abandon or delay the rulemaking action as recommended by
the small business ombudsman under subsection (a)(2)(D), if
applicable.

Legislative History

As added by P.L.188-2005, SEC.4. Amended by P.L.198-2007, SEC.1; P.L.109-2015, SEC.17; P.L.134-2021, SEC.7; P.L.249-2023, SEC.41; P.L.93-2024, SEC.19.