I move that Engrossed House Bill 1280 be amended to read as follows:
to the OMB either for a new determination that the rule meets the
requirements of this subsection, or for the OMB to prepare a cost
benefit analysis of the rule under this section.".
Page 3, between lines 19 and 20, begin a new paragraph and insert:
" (b) This section does not apply to a rule for which the OMB has not performed a cost benefit analysis under section 13(e) of this chapter.".
Page 3, line 20, delete "(b)" and insert " (c)".
Page 3, line 23, delete "(c)" and insert " (d)".
Page 3, line 27, delete "(f)," and insert " (g),".
Page 3, line 32, after date." insert " The OMB shall submit the cost benefit analysis to the committee in an electronic format under IC 5-14-6.".
Page 3, line 33, delete "(d)" and insert " (e)".
Page 4, line 15, after "section" insert " as requested in writing".
Page 4, line 16, delete "(e)" and insert " (f)".
Page 4, line 33, before "The" insert " If an agency has adopted rules to implement IC 5-14-3-4, interested parties and regulated persons must submit the information in accordance with the confidentiality rules adopted by the agency to ensure proper processing of confidentiality claims.".
Page 4, line 42, delete "(c)." and insert " (d)".
Page 4, after line 42, begin a new paragraph and insert:
" (g) If the OMB or an agency is unable to obtain verified data for the cost benefit analysis described in subsection (e), the OMB shall describe in the cost benefit analysis which data were unavailable for purposes of the cost benefit analysis.".
Page 5, line 1, delete "(f)" and insert " (h)".
Page 5, between lines 23 and 24, begin a new paragraph and insert:
(2) A petition for review of an agency action under section 7 of this chapter.
(3) A complaint under section 8 of this chapter.
(d) The agency shall keep a record of the time, date, and circumstances of the service under subsection (b) or (c).
(e) Service shall be made on a person or on the person's counsel or other authorized representative of record in the proceeding. Service on an artificial person or a person incompetent to receive service shall be made on a person allowed to receive service under the rules governing civil actions in the courts. If an ultimate authority consists of more than one (1) individual, service on that ultimate authority must be made on the chairperson or secretary of the ultimate authority. A document to be filed with that ultimate authority must be filed with the chairperson or secretary of the ultimate authority.
(f) If the current address of a person is not ascertainable, service shall be mailed to the last known address where the person resides or has a principal place of business. If the identity, address, or existence of a person is not ascertainable, or a law other than a rule allows, service shall be made by a single publication in a newspaper of general circulation in:
(1) the county in which the person resides, has a principal place of business, or has property that is the subject of the proceeding; or
(2) Marion County, if the place described in subdivision (1) is not ascertainable or the place described in subdivision (1) is outside Indiana and the person does not have a resident agent or other representative of record in Indiana.
(g) A notice given by publication must include a statement advising a person how the person may receive written notice of the proceedings.
(h) The filing of a document with an ultimate authority is complete on the earliest of the following dates that apply to the filing:
(1) The date on which the document is delivered to the ultimate authority under subsection (b), (c), or (e).
(2) The date of the postmark on the envelope containing the document, if the document is mailed to the ultimate authority by United States mail.