§ 4-22-2.1-8 — Small businesses' right of action to determine agency's compliance

Indiana § 4-22-2.1-8

• Jurisdiction: Indiana
• Art. 22: ADMINISTRATIVE RULES AND PROCEDURES
• Ch. 2.1: Rules Affecting Small Businesses

Text

(a) This section applies to a small business
that is adversely affected or aggrieved by a rule that:
(1) is subject to this chapter;
(2) is finally adopted by an agency under IC 4-22-2-29; and
(3) has taken effect under IC 4-22-2-36.
(b) Subject to subsection (c), a small business described in
subsection (a) may file, in a court having jurisdiction, an action seeking
a determination of the agency's compliance with the requirements of
this chapter during the rulemaking process. Upon receipt of a
complaint under this section, the court shall, at the earliest date
possible, hear evidence on the matter and make a determination as to
the agency's compliance with this chapter during the rulemaking
process. If the court determines that the agency failed to comply with
one (1) or more requirements of this chapter, the court may issue an
order or injunction enjoining the agency from enforcing the rule with
respect to the complaining small business and any similarly situated
small businesses. A determination of the court under this section is
final, subject to the right of direct appeal by either party.
(c) A small business that seeks a determination by a court under
subsection (b) must file the action described in subsection (b) not later
than one year (1) after the date the rule described in subsection (a)
takes effect under IC 4-22-2-36.

Legislative History

As added by P.L.188-2005, SEC.4. Amended by P.L.53-2014, SEC.62.