Sec. 10. (a) A board may amend a proposed rule at a board meeting held under section 5(a)(3) of this chapter and adopt the amended rule under section 9(2) of this chapter if the amendments are a logical outgrowth of:
(1) the proposed rule as published under section 5(a)(2) of this chapter; and
(2) any comments provided to the board at the meeting held under section 5(a)(3) of this chapter.
(b) In determining, for the purposes of this section, whether an amendment is a logical outgrowth of the proposed rule and any comments, the board shall consider:
(1) whether the language of:
(A) the proposed rule as published under section 5(a)(2) of this chapter; and
(B) any comments provided to the board at the meeting held under section 5(a)(3) of this chapter;
fairly apprised interested persons of the specific subjects and issues contained in the amendment; and
(2) whether the interested parties were allowed an adequate opportunity to be heard by the board.
[Pre-1996 Recodification Citation: 13-7-7.1-10.]
As added by P.L.1-1996, SEC.4.
Structure Indiana Code
Article 14. Powers and Duties of Department of Environmental Management and Boards
Chapter 9. Rulemaking Procedures
13-14-9-0.1. Application of Certain Amendments to Chapter
13-14-9-1. Applicability of Chapter
13-14-9-2. Public Comment Periods
13-14-9-3. First Public Comment Period; Notice
13-14-9-4. Second Public Comment Period; Notice
13-14-9-4.5. Third Public Comment Period; Notice
13-14-9-5. Adoption; Prerequisites
13-14-9-6. Board Meetings; Written Materials
13-14-9-7. Waiver of First Public Comment Period
13-14-9-9. Action Upon Proposed Rules
13-14-9-10. Amended Proposals; Logical Outgrowth
13-14-9-11. Amended Proposals; Notice
13-14-9-12. Rejection; Grounds