July 27, 2012

Senator R. Michael Young, Chairperson

Administrative Rules Oversight Committee

c/o Legislative Service Agency

200 West Washington Street, Suite 301

Indianapolis, Indiana 46204-2789

Attn: Sarah Burkman

Dear Senator Young:

The General Assembly authorized the Indiana Department of Labor to adopt these rules in Public Law 2-2012. The effective date of that statute was February 1, 2012. Under Ind. Code 4-22-2-19, the rule making process must begin within 60 days of the enactment of such statutory authority unless an exception applies. The rulemaking process did not begin for these rules within 60 days of the effective date of the statutory authority. The Department adopted emergency rules on the same subject matter on March 15, 2012. The emergency rules were extended on June 13, 2012, and will expire on September 11, 2012. The notice of intent for these nonemergency rules was filed on April 12, 2012, and published in the Indiana Register on April 18, 2012 (DIN: 20120418-IR-610120190NIA). The delay in adopting the nonemergency rules was the result of assessing the cost and impact of those rules on small businesses and other entities.

The Department is providing this written notification to the Committee to explain why this rule could not comply with the time frame specified in Ind. Code 4-22-2-19(c)(1).

If you need additional information please contact Rick J. Ruble, Indiana Department of Labor at 317-233-8744 or rruble@dol.in.gov.

Sincerely,

Rick J. Ruble

Deputy Commissioner of Labor and General Counsel