§ 4-3-22-13 — Duties; regulatory analysis for proposed rules; verified data; confidentiality

The OMB and the budget agency shall review
a regulatory analysis and proposed rule submitted by an agency under
IC 4-22-2-22.8. In reviewing a regulatory analysis and proposed rule
under this section, the OMB shall consider in its analysis any verified
data provided voluntarily by interested parties, regulated persons, and
nonprofit corporations whose members may be affected by the
proposed rule. A regulatory analysis reviewed under this section is a
public document, subject to the following:
(1) This section does not empower the OMB or an agency to
require an interested party or a regulated person to provide any
materials, documents, or other information. If an interested party
or a regulated person voluntarily provides materials, documents,
or other information to the OMB or an agency, the OMB or the
agency, as applicable, shall ensure the adequate protection of any:
(A) information that is confidential under IC 5-14-3-4; or
(B) confidential and proprietary business plans and other
confidential information.
(2) If an agency has adopted rules to implement IC 5-14-3-4,
interested parties and regulated persons must submit the
information in accordance with the confidentiality rules adopted
by the agency to ensure proper processing of confidentiality
claims. The OMB and any agency involved in proposing the rule,
or in administering the rule upon the rule's adoption, shall
exercise all necessary caution to avoid disclosure of any
confidential information supplied to the OMB or the agency by an
interested party or a regulated person.

Legislative History

As added by P.L.246-2005, SEC.38. Amended by P.L.131-2012, SEC.1; P.L.53-2014, SEC.49; P.L.5-2015, SEC.3; P.L.249-2023, SEC.3.