CHAPTER 18. ADMINISTRATIVE RULES OVERSIGHT COMMITTEE
IC 2-5-18
Chapter 18. Administrative Rules Oversight Committee
IC 2-5-18-1
"Agency" defined
Sec. 1. As used in this chapter, "agency" has the meaning set forthin IC 4-22-2-3.
As added by P.L.12-1993, SEC.1.
IC 2-5-18-2
"Committee" defined
Sec. 2. As used in this chapter, "committee" refers to theadministrative rules oversight committee established by section 4 ofthis chapter.
As added by P.L.12-1993, SEC.1.
IC 2-5-18-3
"Rule" defined
Sec. 3. As used in this chapter, "rule" has the meaning set forth inIC 4-22-2-3.
As added by P.L.12-1993, SEC.1.
IC 2-5-18-4
Establishment of committee
Sec. 4. The administrative rules oversight committee isestablished. The committee has oversight over the rules of anyagency that is not listed in IC 4-21.5-2-4.
As added by P.L.12-1993, SEC.1.
IC 2-5-18-5
Members; appointments; vacancies
Sec. 5. (a) The committee consists of the following eight (8)members of the general assembly:
(1) Four (4) members of the house of representatives appointedby the speaker of the house of representatives. Not more thantwo (2) members appointed under this subdivision may bemembers of the same political party.
(2) Four (4) members of the senate appointed by the presidentpro tempore of the senate. Not more than two (2) membersappointed under this subdivision may be members of the samepolitical party.
(b) The appointing authorities shall make the appointments beforeDecember 1 of each even-numbered year. The appointments remainin effect until the election of the next general assembly.
(c) Any vacancy occurring on the committee must be filled by theappointing authority for the unexpired term.
As added by P.L.12-1993, SEC.1.
IC 2-5-18-6
Chair; meeting to organize Sec. 6. (a) The speaker of the house of representatives shallappoint a member of the committee to be the chair of the committeeduring the first regular session of each general assembly. Themember appointed to be chair by the speaker serves as chair until thebeginning of the second regular session of that general assembly.
(b) The president pro tempore of the senate shall appoint amember of the committee to be chair of the committee during thesecond regular session of each general assembly. The memberappointed to be chair by the president pro tempore serves as chairuntil the election of the next general assembly.
(c) The committee shall meet to organize on the call of the chairnot later than December 15 of each year. The committee shall meetat the call of the chair.
As added by P.L.12-1993, SEC.1. Amended by P.L.4-1995, SEC.11.
IC 2-5-18-7
Per diem, mileage, and travel allowances
Sec. 7. Each member of the committee is entitled to receive thesame per diem, mileage, and travel allowances paid to members ofthe general assembly serving on interim study committeesestablished by the legislative council. These expenses shall be paidfrom funds appropriated to the legislative council.
As added by P.L.12-1993, SEC.1.
IC 2-5-18-8
Committee's duties
Sec. 8. (a) The committee shall receive and may, at its discretion,review a complaint filed by a person regarding a rule or practice ofan agency.
(b) The committee may review an agency rule, an agency practice,or a failure of an agency to adopt a rule.
(c) The committee may recommend that a rule be modified,repealed, or adopted.
(d) When appropriate, the committee shall prepare and arrange forthe introduction of a bill to clarify the intent of the general assemblywhen the general assembly enacted a law or to correct themisapplication of a law by an agency.
As added by P.L.12-1993, SEC.1.
IC 2-5-18-9
Quorum; number of affirmative votes required for action
Sec. 9. (a) Five (5) members of the committee constitute aquorum.
(b) The affirmative vote of five (5) members of the committee isrequired for the committee to take any action.
As added by P.L.12-1993, SEC.1.
IC 2-5-18-10
Notice of meetings
Sec. 10. (a) Notice of the time, place, and agenda of committee
meetings may be given in the Indiana Register.
(b) The committee may require publication of a periodicannouncement in the Indiana Register that describes the duties of thecommittee and the procedure for filing complaints.
(c) The committee may require publication in the Indiana Registerof an account of all or part of the proceedings of the committee.
As added by P.L.12-1993, SEC.1.
IC 2-5-18-11
Provision of staff
Sec. 11. Staff for the committee shall be provided by thelegislative services agency.
As added by P.L.12-1993, SEC.1.