Indiana Code
Chapter 2.5. Expiration and Readoption of Administrative Rules
4-22-2.5-3.1. Readoption of Rule Affecting Small Businesses; Review Required; Consideration of Regulatory Alternatives; Reexamination of Economic Impact Statement

Sec. 3.1. (a) This section applies to a rule that:
(1) expires under this chapter after June 30, 2005; and
(2) imposes requirements or costs on small businesses.
(b) As used in this section, "small business" has the meaning set forth in IC 4-22-2.1-4.
(c) Before an agency may act under section 3 of this chapter to readopt a rule described in subsection (a), the agency shall conduct a review to consider whether there are any alternative methods of achieving the purpose of the rule that are less costly or less intrusive, or that would otherwise minimize the economic impact of the proposed rule on small businesses. In reviewing a rule under this section, the agency shall consider the following:
(1) The continued need for the rule.
(2) The nature of any complaints or comments received from the public, including small businesses, concerning the rule or the rule's implementation by the agency.
(3) The complexity of the rule, including any difficulties encountered by:
(A) the agency in administering the rule; or
(B) small businesses in complying with the rule.
(4) The extent to which the rule overlaps, duplicates, or conflicts with other federal, state, or local laws, rules, regulations, or ordinances.
(5) The length of time since the rule was last reviewed under this section or otherwise evaluated by the agency, and the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule since that time.
(d) This subsection applies to a rule that was adopted through a rulemaking action initiated by the agency under IC 4-22-2-23 after June 30, 2005. In reviewing the rule under this section, the agency shall reexamine the most recent economic impact statement prepared by the agency under IC 4-22-2.1-5. The agency shall consider:
(1) the degree to which the factors analyzed in the statement have changed since the statement was prepared; and
(2) whether:
(A) any regulatory alternatives included in the statement under IC 4-22-2.1-5(a)(5); or
(B) any regulatory alternatives not considered by the agency at the time the statement was prepared;
could be implemented to replace one (1) or more of the rule's existing requirements.
(e) After conducting the review required by this section, the agency shall:
(1) readopt the rule without change, if no alternative regulatory methods exist that could minimize the economic impact of the rule on small businesses while still achieving the purpose of the rule;
(2) amend the rule to implement alternative regulatory methods that will minimize the economic impact of the rule on small businesses; or
(3) repeal the rule, if the need for the rule no longer exists.
As added by P.L.188-2005, SEC.6.