Citations Affected: IC 4-22-2-24.
Synopsis: Justification for rulemaking. Requires an agency that
publishes a notice of intention to adopt a rule that imposes a
requirement or cost on a regulated entity to include in the notice a
statement justifying the requirement or the cost. Provides that the
statement must include a reference to any data, studies, or analyses
relied upon by the agency in determining that the imposition of the
requirement or cost is necessary.
Effective: July 1, 2005.
January 11, 2005, read first time and referred to Committee on Government and Regulatory
Reform.
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
subsection.
(d) The agency shall include the following in the notice required by
subsections (b) and (c):
(1) A statement of the date, time, and place at which the public
hearing required by section 26 of this chapter will be convened.
(2) A general description of the subject matter of the proposed
rule. and
(3) In a notice published after June 30, 2005, a statement
justifying any requirement or cost that is:
(A) imposed on a regulated entity under the rule, other
than a regulated entity that is an instrumentality of state
or local government; and
(B) not expressly required by:
(i) the statute authorizing the agency to adopt the rule;
or
(ii) any other state or federal law.
The statement required under this subdivision must include
a reference to any data, studies, or analyses relied upon by the
agency in determining that the imposition of the requirement
or cost is necessary.
(3) (4) An explanation that:
(A) the proposed rule; and
(B) any data, studies, or analysis referenced in a statement
under subdivision (3);
may be inspected and copied at the office of the agency.
However, inadequacy or insufficiency of the subject matter description
under subdivision (2) or a statement of justification under
subdivision (3) in a notice does not invalidate a rulemaking action.
(e) Although the agency may comply with the publication
requirements in this section on different days, the agency must comply
with all of the publication requirements in this section at least
twenty-one (21) days before the public hearing required by section 26
of this chapter is convened.
(f) This section does not apply to the solicitation of comments under
section 23 of this chapter.