June 15, 2009

Senator R. Michael Young, Chairperson

Administrative Rules Oversight Committee

Attn: Sarah Burkman

Legislative Services Agency

200 West Washington Street, Suite 301

Indianapolis, Indiana 46204

Re: Notification of noncompliance with 60-day requirement

Dear Senator Young:

Pursuant to IC 4-22-2-19(c), please consider this letter notification of the Alcohol & Tobacco Commission's (ATC) noncompliance with the 60-day provision of the IC 4-22-2-19. The ATC published its Notice of Intent to Adopt a Rule for LSA Document #08-523 on June 25, 2008 (DIN: 20080625-IR-905080523NIA). The public hearing was held on May 26, 2009. After the public hearing was conducted, it was discovered the Notice of Public Hearing published in the Indianapolis Star on April 29, 2009, was defective. A Change in Notice of Public Hearing must be filed with the Legislative Services Agency. A public hearing must be conducted at least twenty-one days after the posting of the Notice of Public Hearing. For that reason, the ATC shall not be able to have the Final Rule to the Governor for signature under the time restraints required under IC 4-22-2-25(a).

The ATC shall withdraw LSA Document #08-523 pursuant to IC 4-22-2-41. The ATC shall initiate another rulemaking action immediately.

Please contact me if you have any questions regarding the notification or if you require any additional information at (317) 234-4737 or mcoxey@atc.in.gov.

Sincerely,

Melissa L. Coxey

Staff Attorney, Alcohol & Tobacco Commission