TITLE 410 INDIANA STATE DEPARTMENT OF HEALTH

The Department published its Notice of Intent to Adopt a Rule for the captioned document on August 11, 2010 (DIN: 20100811-IR-410100504NIA). On September 8, 2010, the Department preliminarily adopted a Proposed Rule. The Department has determined that it must now send to the Office of Management and Budget (OMB) a copy of the Proposed Rule and the Department's fiscal analysis, as required under IC 4-22-2-28. Under IC 4-22-2-28, the Department may not proceed with the rulemaking process until the OMB has completed its own fiscal analysis for the rule. Once the OMB has completed its fiscal analysis, the Proposed Rule must be published in the Indiana Register, and the required public hearing can be held no earlier than 21 days after publication of the Proposed Rule.

Following the public hearing, the agency must consider and respond to public comments and present the rule to the ISDH Executive Board for final adoption. Pursuant to IC 4-22-2-32, the Attorney General has 45 days to complete his review of the rule. Whether a quorum is present at the ISDH Executive Board meeting, and the Attorney General's time frame for rule review, are outside of the Department's control. Thus, promulgation of this rule will likely not be completed by August 11, 2011. The agency expects that the rule can be approved by the Governor by August 11, 2012.

This notice setting forth the expected date of approval of LSA [Document] #10-504 as August 11, 2012, is being submitted in a timely manner. April 18, 2011, is the two hundred and fiftieth day after publication of the Notice of Intent to Adopt a Rule.

DIN: 20110413-IR-410100504ARA

Composed: Apr 26,2024 3:35:16PM EDT

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