Ind. Code § 16-19-3-5

Sec. 5. (a) The executive board may adopt rules on behalf of the state department for the efficient enforcement of this title, except as otherwise provided. However, fees for inspections relating to weight and measures may not be established by the rules.

(b) The executive board may declare that a rule described in subsection (a) is necessary to meet an emergency and adopt the rule under IC 4-22-2-37.1.