SUBJECT: Petitions for Rule Change and for Nonrule Policy Document Change

I. History

The Natural Resources Commission in 1994 adopted a nonrule policy document to address petitions for rule change originating outside the Commission and the Department of Natural Resources. The policy was published in the July 1, 1994, issue of the Indiana Register (17 IR 2481) as Information Bulletin #7. In 2006, the policy was amended to include updated citations to reflect recodifications of rules and statutes that have taken place since 1994. Also, the scope of the document was expanded to include a petition to change a nonrule policy document. These amendments were posted in the Indiana Register on October 11, 2006, at DIN: 20061011-IR-312060443NRA. The document was amended effective February 1, 2008, and posted at DIN: 20080206-IR-312080059NRA (February 6, 2008), to reference petitions to exempt a "small lake" from the statutory speed limit, or to rescind or amend an existing exemption, under IC 14-15-3. The 2008 amendments also updated the address of the Division of Hearings. Effective October 1, 2011, the document is amended again to recognize a separate nonrule policy document that addresses "small lake" petitions, to remove an obsolete reference to the DNR's former Museum Board of Trustees, and to acknowledge the document does not supersede any law requiring Commission consideration of a citizen's petition for rule change.

II. Purpose

The purpose of this information bulletin is to establish a process for the submission and consideration of petitions for rule change within areas subject to the jurisdiction of the Natural Resources Commission. Included is any rule proposal submitted by an individual, a corporation, an association, a local unit of government, another state agency, a federal agency, or another person. The person may seek the adoption of a new rule, an amended rule, a recodified rule, a rule repeal, or a similar action with respect to a nonrule policy document.

III. Process

A person seeking action on a rule shall file a written petition at the following address:

The petition shall provide the name and address of the person, or a representative of the person, who is seeking the action and a description of the action sought. The petition may include proposed wording for any new, amended, or recodified rule or a similar action with respect to a nonrule policy document.

Upon the receipt of the petition, the Division of Hearings shall assign an administrative cause number and deliver copies of the proposal to each deputy director of the Department of Natural Resources. The Division of Hearings shall identify the document as a rule petition or nonrule policy document petition and request that the director cause an investigation be performed into the merits of the proposal. A committee shall be established, with representation from interested divisions, to investigate the merits of the petition. As appropriate, the Historic Preservation Review Board and the Advisory Council shall be consulted. After conclusion of any investigation, an informal report shall be presented to the secretary of the Commission, together with any recommendations regarding the proposal. The secretary of the Commission may give preliminary adoption to a rule proposal, may refer the matter to the Commission for consideration, or (unless otherwise prohibited by law) may elect not to proceed with a proposal. The secretary of the Commission shall, within a responsible time, cause notice to be given to the petitioner as to the disposition of the petition. A record of the final disposition shall also be filed with the Division of Hearings.

IV. Exceptions

The process set forth in this information bulletin does not apply to a petition for rule change applicable to any of the following:

V. Retention of Authority by Director and Commission

This information bulletin does not restrict the ability of the Director of the Department of Natural Resources or the Natural Resources Commission to take action with respect to any rule or nonrule policy document. See also, 312 IAC 2-2-4 authorizing the Director to approve any rule of the Commission for preliminary adoption.