Sec. 7. (a) Unless a board determines under section 5(c)(2) of this chapter that a proposed rule should be subject to additional comments, section 3 of this chapter does not apply to a rulemaking action if the commissioner determines that the rulemaking policy alternatives available to the department are so limited that the public notice and comment period under section 3 of this chapter would provide no substantial benefit to:
(1) the environment; or
(2) persons to be regulated or otherwise affected by the proposed rule.
(b) If the commissioner makes a determination under subsection (a), the commissioner shall prepare written findings under this section. The full text of the commissioner's written findings shall be included in the public notice provided under section 4 of this chapter.
[Pre-1996 Recodification Citation: 13-7-7.1-7.]
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