CHAPTER 9.5. EXPIRATION AND READOPTION OF ADMINISTRATIVE RULES
IC 13-14-9.5
Chapter 9.5. Expiration and Readoption of Administrative Rules
IC 13-14-9.5-1
Exceptions
Sec. 1. This chapter does not apply to a rule that incorporates a
federal regulation by reference or adopts under a federal mandate a
federal regulation in its entirety without substantive additions.
As added by P.L.17-1996, SEC.9.
IC 13-14-9.5-1.1
Rules that do not expire; public hearings
Sec. 1.1. (a) This section applies to the following:
(1) A rule that is required to receive or maintain:
(A) delegation;
(B) primacy; or
(C) approval;
for state implementation or operation of a program established
under federal law.
(2) A rule that is required to begin or continue receiving federal
funding for the implementation or operation of a program.
(b) A rule described in subsection (a) does not expire under this
chapter.
(c) In the seventh year after the effective date of a rule or an
amendment to a rule described in subsection (a), the department shall
publish a notice in the Indiana Register. The notice may contain a list
of several rules that have been effective for seven (7) years. A
separate notice must be published for each board with rulemaking
authority. A notice under this subsection must provide for the
following:
(1) A written comment period of at least thirty (30) days.
(2) A request for comments on specific rules that should be
reviewed through the regular rulemaking process under
IC 13-14-9.
(3) A notice of public hearing before the appropriate board.
(4) The information required to be identified or described under
IC 13-14-9-4(5) through IC 13-14-9-4(7) in the same manner
that would apply if the proposed renewal of the expired rule
were a proposal to adopt a new rule.
(d) The department shall:
(1) prepare responses to all comments received during the
comment period; and
(2) provide all comments and responses to the board during the
public board hearing;
described in subsection (c).
(e) The board, after considering the written comments and
responses, as well as testimony at the public hearing described in
subsection (c), shall direct the department on whether additional
rulemaking actions must be initiated to address concerns raised to the
board.
(f) For the rules described in subsection (a) that are effective on
or before July 1, 2001, the notice described in subsection (c) shall be
published in the Indiana Register before December 31, 2008.
As added by P.L.146-2001, SEC.3. Amended by P.L.240-2003,
SEC.8.
IC 13-14-9.5-2
Dates for expiration
Sec. 2. (a) Except as provided in subsection (b) or section 1.1 of
this chapter, an administrative rule adopted under IC 13-14-9 expires
January 1 of the seventh year after the year in which the rule takes
effect, unless the rule contains an earlier expiration date. The
expiration date of a rule under this section is extended each time that
a rule amending an unexpired rule takes effect. The rule, as amended,
expires on January 1 of the seventh year after the year in which the
amendment takes effect.
(b) An administrative rule that:
(1) was adopted under a provision of IC 13 that has been
repealed by a recodification of IC 13;
(2) is in force on December 31, 1995; and
(3) is not amended by a rule that takes effect after December 31,
1995, and before January 1, 2002;
expires not later than January 1, 2002.
(c) The determination of whether an administrative rule expires
under this chapter shall be applied at the level of an Indiana
Administrative Code section.
As added by P.L.17-1996, SEC.9. Amended by P.L.146-2001, SEC.4;
P.L.215-2005, SEC.18.
IC 13-14-9.5-3
Procedures for readoption
Sec. 3. (a) The department or a board that has rulemaking
authority under this title may adopt a rule under IC 13-14-9 in
anticipation of a rule's expiration under this chapter.
(b) Except as provided in section 5 of this chapter, the department
or a board that has rulemaking authority under this title may not use
emergency rule procedures to readopt a rule that is subject to
expiration under this chapter.
As added by P.L.17-1996, SEC.9.
IC 13-14-9.5-4
Readoption of rules; request for readoption of particular rule
Sec. 4. (a) Except as provided in subsection (b), with respect to
the rules subject to expiration under this chapter, the department or
a board that has rulemaking authority under this title:
(1) may readopt one (1) or more of the rules under one (1) rule
that lists all rules that are readopted by their titles and subtitles
only; and
(2) shall publish a notice in the Indiana Register identifying:
(A) the rules, if any, that will be readopted; and
(B) the rules, if any, that will not be readopted.
A rule that has expired but is readopted under this subsection may
not be removed from the Indiana Administrative Code.
(b) If a person submits to the department or a board that has
rulemaking authority under this title a written request stating a basis
for the request during the first comment period that a particular rule
be readopted separately from the readoption rule described in
subsection (a), the department or board must:
(1) consider readoption of that rule separately from the
readoption rule described in subsection (a); and
(2) follow the procedure for adoption of administrative rules
under IC 13-14-9 with respect to the rule.
(c) If the department or board does not receive a written request
under subsection (b) regarding a rule within the first comment
period, the agency may:
(1) submit the readoption rule for filing with the publisher
under IC 4-22-2-35 and publish notice in the Indiana Register
that the agency has readopted the rule; or
(2) for one (1) or more of the rules proposed to be readopted as
part of the readoption rule described in subsection (a), elect the
procedure for readoption under IC 13-14-9.
(d) If a person submits to the department or a board that has
rulemaking authority under this title a written request stating a basis
for the request during the first comment period that a particular rule
that the department or board does not intend to readopt as part of the
readoption rule described in subsection (a) be readopted, the
department or board must:
(1) consider readoption of that rule separately from the
readoption rule described in subsection (a); and
(2) follow the procedure for adoption of administrative rules
under IC 13-14-9 with respect to the rule.
As added by P.L.17-1996, SEC.9. Amended by P.L.123-2006,
SEC.31; P.L.114-2008, SEC.7.
IC 13-14-9.5-5
Power of governor to postpone expiration date
Sec. 5. If a rule is not readopted and the governor finds that the
failure to readopt the rule causes an emergency to exist, the governor
may, by executive order issued before the rule's expiration date,
postpone the expiration date of the rule until a date that is one (1)
year after the date specified in section 2 of this chapter.
As added by P.L.17-1996, SEC.9.
IC 13-14-9.5-6
Removal of expired rules
Sec. 6. Except as provided in section 4(a) of this chapter, the
publisher shall remove all rules that have expired under this chapter
from the Indiana Administrative Code.
As added by P.L.17-1996, SEC.9.