IC 4-22-9
    Chapter 9. Evidence; Judicial Notice of Rules

IC 4-22-9-1
Application of chapter
    Sec. 1. This chapter applies to all rules that have been acceptedfor filing:
        (1) by the secretary of state before July 1, 2006; or
        (2) by the publisher after June 30, 2006;
under IC 4-22-2.
As added by P.L.31-1985, SEC.36. Amended by P.L.123-2006,SEC.23.

IC 4-22-9-2
Definitions applicable
    Sec. 2. The definitions in IC 4-22-2-3 apply throughout thischapter.
As added by P.L.31-1985, SEC.36.

IC 4-22-9-3
Judicial notice of rules
    Sec. 3. (a) Any rule that has been adopted in conformity withIC 4-22-2 (including a matter incorporated by reference into a rule)shall be judicially noticed by all courts and agencies of this state.
    (b) Subject to subsection (c), the official publication of a rule inthe Indiana Register or the Indiana Administrative Code, includingthe official publication of rules published only in electronic formatafter July 1, 2006, shall be considered prima facie evidence that therule was adopted in conformity with IC 4-22-2 and that the textpublished is the text adopted.
    (c) The 1979 edition of the Indiana Administrative Code shall beconclusively presumed to contain the accurate, correct, and completetext of all rules in effect on December 31, 1978. All rules filed withthe secretary of state before December 31, 1978, and not compiledin the 1979 edition of the Indiana Administrative Code are void.
As added by P.L.31-1985, SEC.36. Amended by P.L.123-2006,SEC.24.

IC 4-22-9-4
Matters not part of official text
    Sec. 4. The following, as they appear in an adopted version of arule filed with the secretary of state before July 1, 2006, or filed withthe publisher after June 30, 2006, in the Indiana Register, or in theIndiana Administrative Code, are not part of the official text of anyrule, are not intended to affect the meaning, application, orconstruction of any rule, and may be altered at any time by thepublisher of the Indiana Register or Indiana Administrative Code:
        (1) Digests.
        (2) Title, article, rule, and section headings.
        (3) Title, article, and rule analyses (listings of article, rule, and

section headings).
        (4) Statutory authority citation lines.
        (5) Statutes affected citation lines.
        (6) Bracketed internal references.
        (7) History lines or history blocks.
        (8) Revisor's notes.
As added by P.L.31-1985, SEC.36. Amended by P.L.123-2006,SEC.25.

IC 4-22-9-5
References to Indiana Administrative Code; incorporation byreference
    Sec. 5. (a) A reference in a rule to the Indiana AdministrativeCode (IAC) in the form of an IAC citation, if unaccompanied by areference to a specific edition or supplement to the IndianaAdministrative Code, shall be construed to include any amendmentto the cited provision occurring after the date that the reference iswritten.
    (b) If a matter that is incorporated by reference into a rule isamended after the effective date of the rule, the rule includes theamendment to the incorporated matter only if the incorporated matteris:
        (1) an Indiana statute codified with an Indiana Code (IC)citation number; or
        (2) an Indiana rule codified with an Indiana AdministrativeCode (IAC) number.
As added by P.L.31-1985, SEC.36.

IC 4-22-9-6
Citation of rules
    Sec. 6. Any rule may be cited or pleaded by citation reference tothe Indiana Administrative Code or the Indiana Register, withoutcopying the cited provision in full. A reference to the IndianaAdministrative Code (IAC) in the form of an IAC citation shall beconstrued to include all amendments as of the date the reference iswritten, unless accompanied by a reference to a specific edition orsupplement of the Indiana Administrative Code.
As added by P.L.31-1985, SEC.36.

IC 4-22-9-7
Determination and construction of rules
    Sec. 7. The determination and construction of rules in all civilactions shall be made by the court as a matter of law and not by thejury.
As added by P.L.31-1985, SEC.36.