CHAPTER 2.5. EXPIRATION AND READOPTION OF ADMINISTRATIVE RULES
IC 4-22-2.5
Chapter 2.5. Expiration and Readoption of Administrative Rules
IC 4-22-2.5-1
Exceptions
Sec. 1. This chapter does not apply to the following:
(1) Rules adopted by the department of state revenue.
(2) Rules adopted by the department of local governmentfinance.
(3) Rules adopted by the Indiana board of tax review.
(4) Rules adopted under IC 13-14-9 by the department ofenvironmental management or a board that has rulemakingauthority under IC 13.
(5) A rule that incorporates a federal regulation by reference oradopts under a federal mandate a federal regulation in itsentirety without substantive additions.
As added by P.L.17-1996, SEC.7. Amended by P.L.90-2002, SEC.10.
IC 4-22-2.5-1.1
Rules that do not expire
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. However, an agency shall readopt a rule described in thissection before January 1 of the seventh year after the year in whichthe rule takes effect as set forth in this chapter.
As added by P.L.146-2001, SEC.1.
IC 4-22-2.5-2
Dates for expiration
Sec. 2. (a) Except as provided in subsection (b) or section 1.1 ofthis chapter, an administrative rule adopted under IC 4-22-2 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 IC 4-22-2;
(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.7. Amended by P.L.146-2001, SEC.2;P.L.215-2005, SEC.9.
IC 4-22-2.5-3
Procedures for readoption
Sec. 3. (a) An agency that wishes to readopt a rule that is subjectto expiration under this chapter must:
(1) follow the procedure for adoption of administrative rulesunder IC 4-22-2; and
(2) for a rule that expires under this chapter after June 30, 2005,conduct any review required under section 3.1 of this chapter.
(b) An agency may adopt a rule under IC 4-22-2 in anticipation ofa rule's expiration under this chapter.
(c) An agency may not use IC 4-22-2-37.1 to readopt a rule thatis subject to expiration under this chapter.
As added by P.L.17-1996, SEC.7. Amended by P.L.188-2005, SEC.5.
IC 4-22-2.5-3.1
Readoption of rule affecting small businesses; review required;consideration of regulatory alternatives; reexamination ofeconomic impact statement
Sec. 3.1. (a) This section applies to a rule that:
(1) expires under this chapter after June 30, 2005; and
(2) imposes requirements or costs on small businesses.
(b) As used in this section, "small business" has the meaning setforth in IC 4-22-2.1-4.
(c) Before an agency may act under section 3 of this chapter toreadopt a rule described in subsection (a), the agency shall conducta review to consider whether there are any alternative methods ofachieving the purpose of the rule that are less costly or less intrusive,or that would otherwise minimize the economic impact of theproposed rule on small businesses. In reviewing a rule under thissection, the agency shall consider the following:
(1) The continued need for the rule.
(2) The nature of any complaints or comments received fromthe public, including small businesses, concerning the rule orthe rule's implementation by the agency.
(3) The complexity of the rule, including any difficultiesencountered by:
(A) the agency in administering the rule; or
(B) small businesses in complying with the rule.
(4) The extent to which the rule overlaps, duplicates, orconflicts with other federal, state, or local laws, rules,regulations, or ordinances.
(5) The length of time since the rule was last reviewed underthis section or otherwise evaluated by the agency, and the
degree to which technology, economic conditions, or otherfactors have changed in the area affected by the rule since thattime.
(d) This subsection applies to a rule that was adopted through arulemaking action initiated by the agency under IC 4-22-2-23 afterJune 30, 2005. In reviewing the rule under this section, the agencyshall reexamine the most recent economic impact statement preparedby the agency under IC 4-22-2.1-5. The agency shall consider:
(1) the degree to which the factors analyzed in the statementhave changed since the statement was prepared; and
(2) whether:
(A) any regulatory alternatives included in the statementunder IC 4-22-2.1-5(a)(5); or
(B) any regulatory alternatives not considered by the agencyat the time the statement was prepared;
could be implemented to replace one (1) or more of the rule'sexisting requirements.
(e) After conducting the review required by this section, theagency shall:
(1) readopt the rule without change, if no alternative regulatorymethods exist that could minimize the economic impact of therule on small businesses while still achieving the purpose of therule;
(2) amend the rule to implement alternative regulatory methodsthat will minimize the economic impact of the rule on smallbusinesses; or
(3) repeal the rule, if the need for the rule no longer exists.
As added by P.L.188-2005, SEC.6.
IC 4-22-2.5-4
Request for separate readoption of rules
Sec. 4. (a) Except as provided in subsection (b) and subject tosection 3.1 of this chapter, an agency may readopt all rules subjectto expiration under this chapter under one (1) rule that lists all rulesthat are readopted by their titles and subtitles only. A rule that hasexpired but is readopted under this subsection may not be removedfrom the Indiana Administrative Code.
(b) If, not later than thirty (30) days after an agency's publicationof notice of its intention to adopt a rule under IC 4-22-2-23 using thelisting allowed under subsection (a), a person submits to the agencya written request and the person's basis for the request that aparticular rule be readopted separately from the readoption ruledescribed in subsection (a), the agency must:
(1) readopt that rule separately from the readoption ruledescribed in subsection (a); and
(2) follow the procedure for adoption of administrative rulesunder IC 4-22-2 with respect to the rule.
(c) If the agency does not receive a written request undersubsection (b) regarding a rule within thirty (30) days after theagency's publication of notice, the agency may: (1) submit the rule for filing with the publisher underIC 4-22-2-35; or
(2) elect the procedure for readoption under IC 4-22-2.
As added by P.L.17-1996, SEC.7. Amended by P.L.188-2005, SEC.7;P.L.215-2005, SEC.10; P.L.1-2006, SEC.76; P.L.123-2006, SEC.18.
IC 4-22-2.5-5
Power of governor to postpone expiration date
Sec. 5. If a rule is not readopted before the expiration date for therule and the governor finds that the failure to readopt the rule causesan emergency to exist, the governor may, by executive order issuedbefore the rule's expiration date, postpone the expiration date of therule until a date that is one (1) year after the date specified in section2 of this chapter.
As added by P.L.17-1996, SEC.7.
IC 4-22-2.5-6
Removal of expired rules
Sec. 6. The publisher shall remove all rules that have expiredunder this chapter from the Indiana Administrative Code.
As added by P.L.17-1996, SEC.7.