Sec. 6. In addition to the requirements of section 8 of this chapter, the department shall include the following in the written materials to be considered at the board meetings held under section 5(a)(1) and 5(a)(3) of this chapter:
(1) The full text of the proposed rule, as most recently prepared by the department.
(2) The written responses of the department to all comments received:
(A) during the immediately preceding comment period for a board meeting held under section 5(a)(1) of this chapter;
(B) during the immediately preceding board meeting under section 5(a)(1) of this chapter for a board meeting held under section 5(a)(3) of this chapter if a third public comment period is not required under section 4.5 of this chapter; or
(C) during:
(i) a third public comment period that address the portion of the preliminarily adopted rule that is substantively different from the language contained in the proposed rule published in a second notice under section 4 of this chapter; and
(ii) the immediately preceding board meeting held under section 5(a)(1) of this chapter;
for a board meeting held under section 5(a)(3) of this chapter if a third public comment period is required under section 4.5 of this chapter.
(3) The full text of the office of management and budget fiscal analysis if a fiscal analysis is required under IC 4-22-2-28.
[Pre-1996 Recodification Citation: 13-7-7.1-6.]
As added by P.L.1-1996, SEC.4. Amended by P.L.130-1997, SEC.5; P.L.224-1999, SEC.3; P.L.123-2006, SEC.30.
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