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TITLE 460 DIVISION OF DISABILITY AND REHABILITATIVE SERVICES

Administrative Rules Oversight Committee Notice
One Year Requirement (IC 4-22-2-25)
LSA Document #09-474

Re: LSA Document #09-474


The notice of intent concerning LSA Document #09-474 was filed June 24, 2009, at 20090624-IR-460090474NIA.

On behalf of the Family and Social Services Administration, Division of Disability and Rehabilitative Services, I am submitting this notice to the Administrative Rules Oversight Committee in compliance with IC 4-22-2-25, because the division has determined there is a possibility that the promulgation of the captioned rule may not be completed within one year after publication of the Notice of Intent to Adopt a Rule. The division published its Notice of Intent to Adopt a Rule for the captioned document on June 24, 2009 (20090624-IR-460090474NIA). The division has already received substantial input on the changes and content of 460 IAC 3.5.

Once this rule is adopted by the division, it will have to be approved by the Family and Social Services Committee (see IC 12-8-3), a committee that only meets once a month. A monthly meeting could occur without a quorum and therefore without any action taken on an adopted rule. This would mean delayed approval until the next monthly meeting of the committee and presence of a quorum.

Following approval by the FSSA committee and the public hearing required, the rule must be submitted to the Attorney General's office. Pursuant to IC 4-22-2-32, the Attorney General has 45 days to complete his review of a rule. Whether a quorum is present at a monthly meeting of the FSSA Committee and the Attorney General's time frame for rule review are outside of the agency's control. For these reasons, it is possible that the rule will not be approved by the Governor within one year of the date of publication of the notice of intent. The agency expects that the rule can be approved by the Governor by December 31, 2010.

This notice setting forth the expected date of approval of LSA Document #09-474 by December 31, 2010, is being submitted in a timely manner. March 1, 2010, is the two hundred fiftieth day after publication of the Notice of Intent to Adopt a Rule.

Posted: 12/23/2009 by Legislative Services Agency

DIN: 20091223-IR-460090474ARA
Composed: May 08,2024 4:38:58PM EDT
A PDF version of this document.