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Ind. Code § 4-22-2-29

Adoption of rules; adoption of revised version of proposed rule

Applied in 2 court decisions — leading case Villegas v. Silverman (2005)

Most recently applied in Indiana Alcohol and Tobacco Commission v. Lebamoff Enterprises, Inc. (March 2015)

As added by P.L.31-1985, SEC.18

Sec. 29. (a) As used in this section, "small business ombudsman" refers to the small business ombudsman designated under IC 5-28-17-6.

(b) After an agency has complied with sections 26, 27, and 28 of this chapter, the agency may:

(1) adopt a rule that is identical to a proposed rule published in the Indiana Register under section 23 or (as applicable) 24 of this chapter;

(2) subject to subsection (c), adopt a rule that consolidates part or all of two (2) or more proposed rules published in the Indiana Register under section 23 or (as applicable) 24 of this chapter and considered under section 27 of this chapter;

(3) subject to subsection (c), adopt part of one (1) or more proposed rules described in subdivision (2) in two (2) or more separate adoption actions; or

(4) subject to subsection (c), adopt a revised version of a proposed rule published under section 23 or (as applicable) 24 of this chapter and include provisions that did not appear in the published version, including any provisions recommended by the small business ombudsman under IC 4-22-2.1-6(a), if applicable.

(c) Subject to IC 13-14-9-4.5 (if applicable), an agency may not adopt a rule that substantially differs from the version or versions of the proposed rule or rules published in the Indiana Register under section 23 or 24 of this chapter, or IC 13-14-9-14 (as applicable), unless it is a logical outgrowth of any proposed rule as supported by any written and public hearing comments submitted:

(1) during the public comment period; or

(2) by the small business ombudsman under IC 4-22-2.1-6(a), if applicable.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.