Indiana Code
Chapter 2. Adoption of Administrative Rules
4-22-2-38. Certain Nonsubstantive Rules; Adoption; Submission to Publisher; Document Control Number; Effective Date; Objections

Sec. 38. (a) This section applies to a rulemaking action resulting in any of the following rules:
(1) A rule that brings another rule into conformity with section 20 of this chapter.
(2) A rule that amends another rule to replace an inaccurate reference to a statute, rule, regulation, other text, governmental entity, or location with an accurate reference, when the inaccuracy is the result of the rearrangement of a federal or state statute, rule, or regulation under a different citation number, a federal or state transfer of functions from one (1) governmental entity to another, a change in the name of a federal or state governmental entity, or a change in the address of an entity.
(3) A rule correcting any other typographical, clerical, or spelling error in another rule.
(b) Sections 24 through 37.1 of this chapter do not apply to rules described in subsection (a).
(c) Notwithstanding any other statute, an agency may adopt a rule described by subsection (a) without complying with any statutory notice, hearing, adoption, or approval requirement. In addition, the governor may adopt a rule described in subsection (a) for an agency without the agency's consent or action.
(d) A rule described in subsection (a) shall be submitted to the publisher for the assignment of a document control number. The agency (or the governor, for the agency) shall submit the rule in the form required by section 20 of this chapter and with the documents required by section 21 of this chapter. The publisher shall determine the number of copies of the rule and other documents to be submitted under this subsection.
(e) After a document control number is assigned, the agency (or the governor, for the agency) shall submit the rule to the publisher for filing. The agency (or the governor, for the agency) shall submit the rule in the form required by section 20 of this chapter and with the documents required by section 21 of this chapter. The publisher shall determine the format of the rule and other documents to be submitted under this subsection.
(f) Subject to section 39 of this chapter, the publisher shall:
(1) accept the rule for filing; and
(2) electronically record the date and time that it is accepted.
(g) Subject to subsection (h), a rule described in subsection (a) takes effect on the latest of the following dates:
(1) The date that the rule being corrected by a rule adopted under this section becomes effective.
(2) The date that is forty-five (45) days from the date and time that the rule adopted under this section is accepted for filing under subsection (f).
(h) The governor or the attorney general may file an objection to a rule that is adopted under this section before the date that is forty-five (45) days from the date and time that the rule is accepted for filing under subsection (f). When filed with the publisher, the objection has the effect of invalidating the rule.
As added by P.L.31-1985, SEC.27. Amended by P.L.1-1991, SEC.16; P.L.123-2006, SEC.13.

Structure Indiana Code

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

4-22-2-0.3. Legalization of Certain Rules Adopted Without Approval of Fire Prevention and Building Safety Commission

4-22-2-0.5. Effect to Be Given to Provisions of p.l.229-2011; Publication

4-22-2-1. Repealed

4-22-2-2. Repealed

4-22-2-3. Definitions

4-22-2-3.2. Repealed

4-22-2-4. Repealed

4-22-2-4.5. Repealed

4-22-2-5. Repealed

4-22-2-5.3. Repealed

4-22-2-5.5. Repealed

4-22-2-6. Repealed

4-22-2-7. Repealed

4-22-2-7.1. Repealed

4-22-2-8. Repealed

4-22-2-9. Repealed

4-22-2-10. Repealed

4-22-2-11. Repealed

4-22-2-12. Repealed

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

4-22-2-18. Joint 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

4-22-2-24. Notice of Public Hearing; Publication of Rule's Text; Statement Justifying Requirements and Costs

4-22-2-25. Limitation on Time in Which to Adopt Rule

4-22-2-26. Public Hearings

4-22-2-27. Consideration of Comments Received at Public Hearings

4-22-2-28. Fiscal Impact of Rules; Review

4-22-2-28.1. Small Business Regulatory Coordinator; Contact Information; Guidance to Small Businesses; Record of Comments Received; Annual Report

4-22-2-28.2. Notice of Rule Violation by Small Businesses; Immunity From Liability in Administrative Action; Corrective Action Required; Confidentiality of Information

4-22-2-29. Adoption of Rules; Adoption of Revised Version of Proposed Rule

4-22-2-30. Repealed

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

4-22-2-37. Repealed

4-22-2-37.1. Emergency Rules; Submission to Publisher; Assignment of Document Control Number; Effective Date; Expiration; Extension

4-22-2-38. Certain Nonsubstantive Rules; Adoption; Submission to Publisher; Document Control Number; Effective Date; Objections

4-22-2-39. Acceptance of Rule for Filing by Publisher

4-22-2-40. Recall of Rule; Readoption

4-22-2-41. Withdrawal of Rule

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

4-22-2-45. Invalidity of Rule; Assertion; Limitation

4-22-2-46. Repealed