September 29, 2008

Senator R. Michael Young, Chair

Administrative Rules Oversight Committee

c/o Legislative Services Agency

200 West Washington Street, Suite 301

Indianapolis, Indiana 46204-2789

Attn: Sarah Burkman

Re: LSA Document #08-202–Proposed Rule Regarding Debarment Procedures

Dear Senator Young:

On behalf of the Office of Community and Rural Affairs, I am submitting notice to the Administrative Rules Oversight Committee in compliance with IC 4-22-2-19, which requires an agency to begin the rulemaking process not later than sixty (60) days after the effective date of the statute that authorizes the rule, unless it meets an exception outlined in IC 4-22-2-19.

In 2006, the Office of Community and Rural Affairs was granted rule making authority by IC 4-4-9.7-7. IC 4-4-9.7-7 does not require the adoption of rules; it states the Office of Community and Rural Affairs "may" adopt rules.

The Office of Community and Rural Affairs filed its notice of intent to adopt a rule for LSA Document #08-202 on March 26, 2008, to establish debarment procedures for programs administered by the Office. As there appears to be no exception in IC 4-22-1-19 [sic, IC 4-22-2-19] for a waiver of the sixty (60) day rule in cases of blanket rule making authority, this written notification is provided to inform the Administrative Rules Oversight Committee that the Office of Community and Rural Affairs cannot comply with IC 4-22-2-19.

Should you need additional information, please feel free to contact me at 317-232-8831.

Sincerely,

S. Kyleen Nash

General Counsel

Office of Lieutenant Governor Becky Skillman