June 13, 2014

Re: Weights and Measures Rules, LSA Document #13-455

On behalf of the Indiana State Department of Health (Department), I am submitting this notice in compliance with IC 4-22-2-25. The notice is sought because the Department has 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 Department published its Notice of Intent to Adopt a Rule for the captioned document on October 9, 2013 (DIN: 20131009-IR-410130455NIA). On November 13, 2013, the Department preliminarily adopted the proposed rule. The Department held a public hearing on April 2, 2014, and on May 14, 2014, the Department finally adopted the rule.

The promulgation packet was submitted to the Attorney General on May 19, 2014. The Attorney General must be provided 45 days for review of the rule as specified at IC 4-22-2-32, and, under IC 4-22-2-34, the Office of the Governor must be afforded 15 days for approval or disapproval of the rule, which time may be extended to 30 days.

At this time, the Department has not received notice from the Attorney General on the approval or disapproval of the captioned rule and with the two hundred fiftieth day approaching, it is necessary to extend the time for completing the rule promulgation process to allow time to make corrections if necessary. The Department expects that the rule can be approved by the Governor by October 9, 2015.

This notice setting forth the expected date of approval of LSA Document #13-455 as October 9, 2015, is being submitted in a timely manner. June 16, 2014, is the two hundred fiftieth day after publication of the Notice of Intent to Adopt a Rule.

James Huston

Chief of Staff