June 19, 2020

RE: LSA Document #19-602, Article 2 clean up

On behalf of the Indiana Family and Social Services Administration (FSSA), I am submitting this notice to the Publisher of the Indiana Register in compliance with IC 4-22-2-25, which requires that a notice be sent to the Publisher if a rule will not be approved or deemed approved by the Governor within one year of publication of the Notice of Intent to Adopt a Rule. This notice is to be submitted to the Publisher before the two hundred fiftieth day following the publication of the Notice of Intent to Adopt a Rule.

The Notice of Intent to Adopt a Rule was published in the Indiana Register on November 20, 2019 (DIN: 20191120-IR-405190602NIA).

This rulemaking has been delayed due to the COVID-19 emergency. The emergency has delayed the Indiana Economic Development Corporation (IEDC) approval required by IC 4-22. The emergency has also required a postponement of in-person public hearings. At this time, it is not known when FSSA will be able to meet to conduct a public hearing. Once a public hearing is held, the FSSA must consider and respond to public comments and present the rule to the Secretary for final adoption. Thereafter, the Office of the Attorney General has 45 days to complete a review of the rule and supporting documentation, after which the Governor has 30 days to complete his review. As such, the FSSA may be unable to complete the rulemaking process by November 20, 2020. Approval or deemed approval by the Governor is expected not later than November 20, 2021.

This notice setting forth the expected date of approval or deemed approval of LSA Document #19-602 is being submitted in a timely manner. July 27, 2020, is the two hundred fiftieth day after publication of the Notice of Intent to Adopt a Rule.

Chelsea Princell

Staff Attorney

Office of General Counsel

Indiana Family and Social Services Administration