December 13, 2010

Senator R. Michael Young, Chairperson

Administrative Rules Oversight Committee

c/o Indiana Legislative Services Agency

200 West Washington Street, Suite 301

Indianapolis, Indiana 46204-2789

ATTN: Sarah Burkman

RE: LSA Document #10-242 – Seed Inspection Fees Rule

Dear Senator Young,

On behalf of the State Seed Commissioner, I am submitting this notice to the Administrative Rules Oversight Committee in compliance with IC 4-22-2-25, because we have determined 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 Seed Commissioner published his Notice of Intent to Adopt a Rule for the captioned document on April 28, 2010 (DIN: 20100428-IR-360100242NIA ). On June 3, 2010, the Commissioner sent the State Budget Agency (SBA) a copy of the Proposed Rule and fiscal analysis as required under IC 4-22-2-28. After several communications and a meeting on October 4, 2010, with SBA staff regarding the proposed rule, the State Budget Agency requested a reduction in the proposed fee rate on November 10, 2010. A revised rule proposal was submitted to the SBA on November 17, 2010, for consideration. The Seed Commissioner received approval from the SBA to go forward with this rulemaking on November 24, 2010. We are now submitting the revised proposed rule to LSA for republishing and will schedule a public hearing at least 21 days after publishing.

Following the public hearing, the Seed Commissioner will consider and respond to public comments received. Pursuant to IC 4-22-2-32, the Attorney General has 45 days to complete review of the rule. The two hundred and fiftieth day after publication of the Notice of Intent to Adopt a Rule for LSA [Document] #10-242 is January 3, 2011. Since the Attorney General's time frame for rule review is outside of the agency's control, promulgation of this rule will likely not be completed by January 3, 2011. The agency expects that the rule can be approved by the Governor by September 30, 2011.

This notice setting forth the expected date of approval of LSA Document #10-242 as September 30, 2011, is being submitted in a timely manner.

Sincerely,

Larry W. Nees

Seed Administrator

Office of Indiana Seed Commissioner