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 afederal regulation by reference or adopts under a federal mandate afederal 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 establishedunder federal law.
        (2) A rule that is required to begin or continue receiving federalfunding for the implementation or operation of a program.
    (b) A rule described in subsection (a) does not expire under thischapter.
    (c) In the seventh year after the effective date of a rule or anamendment to a rule described in subsection (a), the department shallpublish a notice in the Indiana Register. The notice may contain a listof several rules that have been effective for seven (7) years. Aseparate notice must be published for each board with rulemakingauthority. A notice under this subsection must provide for thefollowing:
        (1) A written comment period of at least thirty (30) days.
        (2) A request for comments on specific rules that should bereviewed through the regular rulemaking process underIC 13-14-9.
        (3) A notice of public hearing before the appropriate board.
        (4) The information required to be identified or described underIC 13-14-9-4(5) through IC 13-14-9-4(7) in the same mannerthat would apply if the proposed renewal of the expired rulewere a proposal to adopt a new rule.
    (d) The department shall:
        (1) prepare responses to all comments received during thecomment period; and
        (2) provide all comments and responses to the board during thepublic board hearing;
described in subsection (c).
    (e) The board, after considering the written comments andresponses, as well as testimony at the public hearing described insubsection (c), shall direct the department on whether additionalrulemaking actions must be initiated to address concerns raised to theboard.    (f) For the rules described in subsection (a) that are effective onor before July 1, 2001, the notice described in subsection (c) shall bepublished 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 ofthis chapter, an administrative rule adopted under IC 13-14-9 expiresJanuary 1 of the seventh year after the year in which the rule takeseffect, unless the rule contains an earlier expiration date. Theexpiration date of a rule under this section is extended each time thata rule amending an unexpired rule takes effect. The rule, as amended,expires on January 1 of the seventh year after the year in which theamendment takes effect.
    (b) An administrative rule that:
        (1) was adopted under a provision of IC 13 that has beenrepealed 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 expiresunder this chapter shall be applied at the level of an IndianaAdministrative 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 rulemakingauthority under this title may adopt a rule under IC 13-14-9 inanticipation of a rule's expiration under this chapter.
    (b) Except as provided in section 5 of this chapter, the departmentor a board that has rulemaking authority under this title may not useemergency rule procedures to readopt a rule that is subject toexpiration 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 tothe rules subject to expiration under this chapter, the department ora board that has rulemaking authority under this title:
        (1) may readopt one (1) or more of the rules under one (1) rulethat lists all rules that are readopted by their titles and subtitlesonly; 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 maynot be removed from the Indiana Administrative Code.
    (b) If a person submits to the department or a board that hasrulemaking authority under this title a written request stating a basisfor the request during the first comment period that a particular rulebe readopted separately from the readoption rule described insubsection (a), the department or board must:
        (1) consider readoption of that rule separately from thereadoption rule described in subsection (a); and
        (2) follow the procedure for adoption of administrative rulesunder IC 13-14-9 with respect to the rule.
    (c) If the department or board does not receive a written requestunder subsection (b) regarding a rule within the first commentperiod, the agency may:
        (1) submit the readoption rule for filing with the publisherunder IC 4-22-2-35 and publish notice in the Indiana Registerthat the agency has readopted the rule; or
        (2) for one (1) or more of the rules proposed to be readopted aspart of the readoption rule described in subsection (a), elect theprocedure for readoption under IC 13-14-9.
    (d) If a person submits to the department or a board that hasrulemaking authority under this title a written request stating a basisfor the request during the first comment period that a particular rulethat the department or board does not intend to readopt as part of thereadoption rule described in subsection (a) be readopted, thedepartment or board must:
        (1) consider readoption of that rule separately from thereadoption rule described in subsection (a); and
        (2) follow the procedure for adoption of administrative rulesunder 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 thefailure to readopt the rule causes an emergency to exist, the governormay, 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, thepublisher shall remove all rules that have expired under this chapterfrom the Indiana Administrative Code.
As added by P.L.17-1996, SEC.9.