Indiana Code
Chapter 9.5. Expiration and Readoption of Administrative Rules
13-14-9.5-1.1. Rules That Do Not Expire; Public Hearings

Sec. 1.1. (a) This section applies to the following:
(1) A rule that is required to receive or maintain:
(A) delegation;
(B) primacy; or
(C) approval;
for state implementation or operation of a program established under federal law.
(2) A rule that is required to begin or continue receiving federal funding for the implementation or operation of a program.
(b) A rule described in subsection (a) does not expire under this chapter.
(c) In the seventh year after the effective date of a rule or an amendment to a rule described in subsection (a), the department shall publish a notice in the Indiana Register. The notice may contain a list of several rules that have been effective for seven (7) years. A separate notice must be published for each board with rulemaking authority. A notice under this subsection must provide for the following:
(1) A written comment period of at least thirty (30) days.
(2) A request for comments on specific rules that should be reviewed through the regular rulemaking process under IC 13-14-9.
(3) A notice of public hearing before the appropriate board.
(4) The information required to be identified or described under IC 13-14-9-4(5) through IC 13-14-9-4(7) in the same manner that would apply if the proposed renewal of the expired rule were a proposal to adopt a new rule.
(d) The department shall:
(1) prepare responses to all comments received during the comment period; and
(2) provide all comments and responses to the board during the public board hearing;
described in subsection (c).
(e) The board, after considering the written comments and responses, as well as testimony at the public hearing described in subsection (c), shall direct the department on whether additional rulemaking actions must be initiated to address concerns raised to the board.
(f) For the rules described in subsection (a) that are effective on or before July 1, 2001, the notice described in subsection (c) shall be published in the Indiana Register before December 31, 2008.
As added by P.L.146-2001, SEC.3. Amended by P.L.240-2003, SEC.8.

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