April 14, 2009

Honorable Senator R. Michael Young, Chairperson

Administrative Rules Oversight Committee

Indiana Legislative Services Agency

200 West Washington Street, Suite 301

Indianapolis, IN 46204-2789

Attn: Sarah Burkman

RE: LSA Document Number 08-678

Dear Senator Young:

On behalf of the Indiana Board of Veterinary Medical Examiners, I am submitting this letter to the Administrative Rules Oversight Committee in compliance with IC 4-22-2-19 and IC 4-22-2-25. The intent of this rulemaking action is to establish a fee for veterinarians and veterinary technicians of not more that $10 per year for the issuance or renewal of a license or registration to fund the investigative fund established by IC 25-38.1-2-19 as authorized by Senate Enrolled Act 316 (P.L.58-2008), which took effect on July 1, 2008.

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The board submitted the Notice of Intent to Adopt a Rule to the Indiana Register, and it was published on September 3, 2008, five days after the sixty (60) day period required under IC 4-22-2-19. The board began the rulemaking process not later than sixty (60) days after the effective date of the statute that authorizes the rule; however, the notice of intent was not published within the sixty (60) day period.

The drafting of the rule is taking longer than anticipated. The board was unable to meet in January 2009 to finalize the draft rule because of inclement weather. This has resulted in the possibility that the promulgation process will not be completed within one year after publication of the Notice of Intent to Adopt a Rule as required by IC 4-22-2-25.

To date, the Proposed Rule has not been published and a hearing date has not been set. The Board expects to publish the Proposed Rule in May 2009 and hold a public hearing in July 2009. In order to provide ample time to review comments received at the public hearing and for the appropriate review times, the Board expects to have the Final Rule approved by December 31, 2009.

If you need additional information, please feel free to contact me at cvaught@pla.in.gov or (317) 234-2003.

Sincerely,

Cindy Vaught, Director

State Board of Veterinary Medical Examiners

Cc: Frances Kelly, Director, Indiana Professional Licensing Agency