Sec. 29. (a) As used in this section, "small business ombudsman" refers to the small business ombudsman designated under IC 5-28-17-6.
(b) After an agency has complied with sections 26, 27, and 28 of this chapter, the agency may:
(1) adopt a rule that is identical to a proposed rule published in the Indiana Register under section 24 of this chapter;
(2) subject to subsection (c), adopt a rule that consolidates part or all of two (2) or more proposed rules published in the Indiana Register under section 24 of this chapter and considered under section 27 of this chapter;
(3) subject to subsection (c), adopt part of one (1) or more proposed rules described in subdivision (2) in two (2) or more separate adoption actions; or
(4) subject to subsection (c), adopt a revised version of a proposed rule published under section 24 of this chapter and include provisions that did not appear in the published version, including any provisions recommended by the small business ombudsman under IC 4-22-2.1-6(a), if applicable.
(c) An agency may not adopt a rule that substantially differs from the version or versions of the proposed rule or rules published in the Indiana Register under section 24 of this chapter, unless it is a logical outgrowth of any proposed rule as supported by any written comments submitted:
(1) during the public comment period; or
(2) by the small business ombudsman under IC 4-22-2.1-6(a), if applicable.
As added by P.L.31-1985, SEC.18. Amended by P.L.12-1993, SEC.2; P.L.188-2005, SEC.3; P.L.109-2015, SEC.13; P.L.237-2017, SEC.10.
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