Sec. 25. (a) An agency has one (1) year from the date that it publishes a notice of intent to adopt a rule in the Indiana Register under section 23 of this chapter to comply with sections 26 through 33 of this chapter and obtain the approval or deemed approval of the governor. If an agency determines that a rule cannot be adopted within one (1) year after the publication of the notice of intent to adopt a rule under section 23 of this chapter, the agency shall, before the two hundred fiftieth day following the publication of the notice of intent to adopt a rule under section 23 of this chapter, notify the publisher by electronic means:
(1) the reasons why the rule was not adopted and the expected date the rule will be completed; and
(2) the expected date the rule will be approved or deemed approved by the governor or withdrawn under section 41 of this chapter.
(b) If a rule is not approved before the later of:
(1) one (1) year after the agency publishes notice of intent to adopt the rule under section 23 of this chapter; or
(2) the expected date contained in a notice concerning the rule that is provided to the publisher under subsection (a);
a later approval or deemed approval is ineffective, and the rule may become effective only through another rulemaking action initiated under this chapter.
As added by P.L.31-1985, SEC.14. Amended by P.L.44-1995, SEC.5; P.L.123-2006, SEC.6; P.L.53-2014, SEC.58; P.L.5-2015, SEC.6.
Structure Indiana Code
Title 4. State Offices and Administration
Article 22. Administrative Rules and Procedures
Chapter 2. Adoption of Administrative Rules
4-22-2-0.1. Application of Certain Amendments to Chapter
4-22-2-0.5. Effect to Be Given to Provisions of p.l.229-2011; Publication
4-22-2-13. Application of Chapter
4-22-2-14. Procedural Rights and Duties
4-22-2-15. Delegation of Rulemaking Actions
4-22-2-16. "Governing Body", "Public Agency", and "Official Action" Defined
4-22-2-17. Public Access to Rules and Proposed Rules
4-22-2-19. Action Preceding Effectiveness of Authorizing Statute
4-22-2-19.1. Retroactive Changes Affecting Taxpayer Liability
4-22-2-19.5. Standards for Rules
4-22-2-19.7. Agency Rules; Public Comment
4-22-2-20. Submission of Rules and Other Documents; Form
4-22-2-21. Incorporation by Reference
4-22-2-22. Attorney General as Legal Advisor
4-22-2-22.5. Agency Rulemaking Docket
4-22-2-23. Notice of Intent to Adopt Rule; Solicitation of Comments; Response
4-22-2-23.1. Solicitation of Comments
4-22-2-25. Limitation on Time in Which to Adopt Rule
4-22-2-27. Consideration of Comments Received at Public Hearings
4-22-2-28. Fiscal Impact of Rules; Review
4-22-2-29. Adoption of Rules; Adoption of Revised Version of Proposed Rule
4-22-2-31. Submission of Rules to Attorney General for Approval
4-22-2-32. Review of Rule by Attorney General; Approval or Disapproval
4-22-2-33. Submission of Rules to Governor for Approval
4-22-2-34. Approval or Disapproval of Rule by Governor
4-22-2-35. Submission of Rule to Publisher for Filing
4-22-2-36. Effective Date of Rules
4-22-2-39. Acceptance of Rule for Filing by Publisher
4-22-2-40. Recall of Rule; Readoption
4-22-2-42. Establishment of Publishing Format
4-22-2-43. Rules Interpreting, Implementing, or Supplementing This Chapter
4-22-2-44. Failure to Comply With Provisions of This Chapter; Exception
4-22-2-44.3. Exceptions to Section 44 of Chapter