May 28, 2010

Representative Scott Pelath, Chair

Administrative Rules Oversight Committee

c/o Legislative Services Agency

200 W. Washington St. #301

Indianapolis, IN 46204-2789

Attn: Sarah Burkman

Re: LSA Document #09-812 - Proposed rule regarding certification for distributors and users of fertilizer material

Dear Representative Pelath:

On behalf of the Office of Indiana State Chemist, I am submitting this notice to the Administrative Rules Oversight Committee in compliance with IC 4-22-2-19, requiring an agency to begin the rulemaking process not later than sixty (60) days after the effective date of the statute authorizing the rule (P.L.81-2009, effective July 1, 2009).

The Office of Indiana State Chemist initiated rule promulgation on October 21, 2009 (past the 60-day requirement) by publishing in the Indiana Register a Notice of Intent to Adopt the Rule (DIN: 20091021-IR-355090812NIA). The delay resulted from Fertilizer Advisory Board recommendations requiring editing and additional review before the rule drafting process could be initiated. Specifically, changes suggested were to divide the rule into two different elements.

Your understanding of these circumstances is appreciated. Should additional information be needed, please do not hesitate to contact me at 765-494-1547.

Sincerely,

Michael R. Hancock

Fertilizer Administrator