Section 4-22-2-37.2 - Interim rules; submission to the governor and publisher; notice; amended interim rule; objection(a) The following do not apply to a rule adopted under this section: (1) Sections 23 through 27 of this chapter or IC 13-14-9 (as applicable).(2) Sections 28 through 36 of this chapter. This section as added by the 2023 regular session of the general assembly applies to interim rules that are accepted for filing by the publisher of the Indiana Register after June 30, 2023, regardless of whether the adopting agency initiated official action to adopt the interim rule before July 1, 2023. An action taken before July 1, 2023, in conformity with this section (as effective after June 30, 2023) is validated to the same extent as if the action was taken after June 30, 2023.
(b) An agency may only adopt a rule on a subject for which the agency has rulemaking authority using the procedures in this section if the governor finds that the agency proposing to adopt the rule has demonstrated to the satisfaction of the governor that use of interim rulemaking procedures under this section is necessary to implement: (1) a new state or federal law or program, rule of another state agency, federal regulation, or federal grant or loan agreement, or (if used by the agency to carry out the agency's responsibilities) a building, an equipment, a firefighting, a safety, or a professional code adopted by a nationally recognized organization;(2) a change in a state or federal law or program, rule of another state agency, federal regulation, federal grant or loan agreement, or (if used by the agency to carry out the agency's responsibilities) a building, an equipment, a firefighting, a safety, or a professional code adopted by a nationally recognized organization; or(3) a category of rule authorized under IC 4-22-2.3 to be adopted as an interim rule; before the time that a final rule approved by the governor under section 34 of this chapter could reasonably take effect.
(c) To obtain a determination from the governor, an agency must submit to the governor the text of the proposed interim rule, a statement justifying the need for interim rulemaking procedures, and any additional information required by the governor in the form and in the manner required by the governor. The governor may not approve interim rulemaking for any part of a proposed interim rule that: (1) adds or amends language to increase or expand application of a fee, fine, or civil penalty or a schedule of fees, fines, or civil penalties; or(2) is expected to exceed the threshold set forth in section 22.7(c)(6) of this chapter; prior to the budget committee's review of the proposed interim rule. A notice of determination by the governor shall include findings that explain the basis for the determination. The notice of determination shall be provided to the agency in an electronic format. Approval of a request shall be treated as a determination that the rule meets the criteria in this subsection.
(d) To publish a notice of interim rulemaking in the Indiana Register, the agency must submit the following to the publisher: (1) The full text of the agency's proposed interim rule in the form required by section 20 of this chapter.(2) The regulatory analysis submitted to the governor under subsection (c).(3) A statement justifying the need for interim rulemaking.(4) The approval of the governor to use interim rulemaking procedures for the rule.(5) If the proposed interim rule adds or amends language to increase or expand application of a fee, fine, or civil penalty or a schedule of fees, fines, or civil penalties, the agenda of the budget committee meeting at which the rule was scheduled for review.(6) The documents required by section 21 of this chapter.(7) If the proposed interim rule is expected to exceed the threshold set forth in section 22.7(c)(6) of this chapter, the agenda of the budget committee meeting at which the rule was scheduled for review. The publisher shall review materials submitted under this section and determine the date that the publisher intends to include the material in the Indiana Register. After establishing the intended publication date, the publisher shall provide a written or an electronic mail authorization to proceed to the agency.
(e) The agency shall include the following in the notice of the public comment period:(1) A general description of the subject matter of the proposed interim rule, including the document control number.(2) The full text of the agency's proposed interim rule in the form required by section 20 of this chapter (excluding the text of a matter incorporated by reference under section 21 of this chapter).(3) The regulatory analysis submitted to the governor under subsection (c) (excluding appendices containing data, studies, or analyses referenced in the regulatory analysis).(4) A statement justifying any requirement or cost that is: (A) imposed on a regulated entity under the interim rule; and(B) not expressly required by the statute authorizing the agency to adopt rules or any other state or federal law. The statement required under this subdivision must include a reference to any data, studies, or analyses relied upon by the agency in determining that the imposition of the requirement or cost is necessary.
(5) Information concerning where, when, and how a person may inspect and copy any data, studies, or analyses referenced under subdivision (4).(6) Information concerning where, when, and how a person may inspect any documents incorporated by reference into the proposed interim rule under section 21 of this chapter.(7) A date that is thirty (30) days after the notice is published in the Indiana Register by which written comments are due and a statement explaining that any person may submit written comments concerning the proposed interim rule during the public comment period and instructions on when, where, and how the person may submit written comments. However, inadequacy or insufficiency of the subject matter description under subdivision (1) or a statement of justification under subdivision (4) in a notice does not invalidate a rulemaking action. An agency may continue the public comment period by publishing a subsequent notice in the Indiana Register extending the public comment period.
(f) Before adopting the interim rule, the agency shall prepare a written response to comments received by the agency, including the reasons for rejecting any recommendations made in the comments.(g) After an agency has completed the public comment period and complied with subsection (f), the agency may:(1) adopt a rule that is identical to a proposed interim rule published in the Indiana Register under this section; or(2) adopt a revised version of a proposed interim rule published under this section and include provisions that did not appear in the initially published proposed version. An agency may not adopt an interim rule that substantially differs from the version of the proposed interim rule published in the Indiana Register under this section, unless it is a logical outgrowth of any proposed interim rule as supported by any written comments submitted during the public comment period.
(h) After the agency adopts the interim rule, the agency shall submit the following to the publisher for filing: (1) The text of the adopted interim rule. The agency shall submit the full text of the interim rule in the form required by section 20 of this chapter.(2) A summary of the comments received by the agency during the public comment period and the agency's response to the comments.(3) A signature page that indicates that the agency has adopted the interim rule in conformity with all procedures required by law.(4) The documents required by section 21 of this chapter. The publisher shall determine the format of the interim rule and other documents to be submitted under this subsection. An interim rule may suspend but not repeal a rule approved by the governor under section 34 of this chapter.
(i) Subject to subsection (h) and section 39 of this chapter, the publisher shall: (1) accept the interim rule for filing;(2) electronically record the date and time that the interim rule is accepted; and(3) publish the text of the: (A) adopted interim rule;(B) regulatory analysis (excluding appendices containing data, studies, or analyses referenced in the regulatory analysis); and(C) governor's approval in the Indiana Register.(j) An interim rule adopted by an agency under this section takes effect on the latest of the following dates: (1) The effective date of the statute delegating authority to the agency to adopt the interim rule.(2) The date and time that the interim rule is accepted for filing under subsection (i).(3) The effective date stated by the adopting agency in the interim rule.(4) The date of compliance with every requirement established by law as a prerequisite to the adoption or effectiveness of the interim rule.(5) The statutory effective date for an interim rule set forth in law.(k) An agency may amend an interim rule with another interim rule by following the procedures in this section for adoption of an interim rule. Except as provided in IC 4-22-2.3, an interim rule and all subsequent rules on the same subject adopted under section 37.1 of this chapter or this section expire not later than four hundred twenty-five (425) days after the initial interim rule is accepted for filing under subsection (i).(l) Subject to subsection (m), the attorney general or the governor may file an objection to an interim rule that is adopted under this section not later than forty-five (45) days after the date that an interim rule or amendment to an interim rule is accepted for filing under subsection (i). The objection must cite the document control number for the affected interim rule and state the basis for the objection. When filed with the publisher, the objection has the effect of invalidating the interim rule or amendment to an interim rule. The publisher shall publish the objection in the Indiana Register.(m) The attorney general may file a written objection to an interim rule under subsection (l) only if the attorney general determines that the interim rule has been adopted:(1) without statutory authority; or(2) without complying with this section. A notice of objection to an interim rule by the attorney general must include findings that explain the basis for the determination. The notice of objection shall be provided to the agency in an electronic format.
Amended by P.L. 93-2024,SEC. 16, eff. 7/1/2024.Added by P.L. 249-2023,SEC. 34, eff. 7/1/2023.