Rulemaking Procedure

Question 1

General Procedure for Rulemaking

Answer 1

(1) Notice and Comment

(2) Adoption and approval of final rule

Question 2

Notice and Comment: Procedure

Answer 2

(1) Agency must publish a notice of intent to adopt a rule in the Indiana Register
(2) Within 28 days of initial notice, must publish notice of a public hearing
(3) Attendees of hearing given opportunity to comment on proposed rule
(4) If overall annual fiscal impact of rule will be greater than $500,000, agency must submit rule to office of management and budget for review

Question 3

Notice and Comment: Final Rule

Answer 3

If agency decides to change rule during comment period, notice and comment process must be restarted

EXCEPTION: Final rule is a LOGICAL OUTGROWTH of the proposed rule, no need to restart

Question 4

Adoption and Approval: Procedure

Answer 4

After agency adopts rule:

(1) Attorney General must review and approve within 45 DAYS
(2) Governor has 15 DAYS to disapprove for any reason
(3) If approved, rule published in Indiana Register
(4) Rule becomes effective either 30 DAYS after accepted for publication or on the EFFECTIVE DATE stated in rule

Question 5

Emergency Rulemaking

Answer 5

Exempt from notice and comment procedure

Valid for 90 days

May be extended once for an extra 90 days