Indiana Code
Chapter 2. Adoption of Administrative Rules
4-22-2-19. Action Preceding Effectiveness of Authorizing Statute

Sec. 19. (a) Except as provided in section 23.1 of this chapter, this section does not apply to the adoption of rules:
(1) 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) that amend an existing rule;
(3) required or authorized by statutes enacted before June 30, 1995; or
(4) required or authorized by statutes enacted before June 30, 1995, and recodified in the same or similar form after June 29, 1995, in response to a program of statutory recodification conducted by the code revision commission.
(b) If an agency will have statutory authority to adopt a rule at the time that the rule becomes effective, the agency may conduct any part of its rulemaking action before the statute authorizing the rule becomes effective.
(c) However, an agency shall:
(1) begin the rulemaking process not later than sixty (60) days after the effective date of the statute that authorizes the rule; or
(2) if an agency cannot comply with subdivision (1), provide electronic notice to the publisher stating the reasons for the agency's noncompliance.
As added by P.L.31-1985, SEC.8. Amended by P.L.44-1995, SEC.2; P.L.215-2005, SEC.1; P.L.123-2006, SEC.2; P.L.53-2014, SEC.56.

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