July 6, 2020

On behalf of the Office of Administrative Law Proceedings (OALP), I am submitting this notice in compliance with IC 4-22-2-19, which requires an agency to begin the rulemaking process for new rules not later than 60 days after the effective date of the statute that authorizes the rule, unless a notice is first filed with the Publisher that includes the reasons why rulemaking began more than 60 days after the effective date.

The statutory authority for rulemaking that allows the OALP to promulgate rules is IC 4-15-10.5-10 and IC 4-15-10.5-11.

The formal rulemaking process did not begin within 60 days of the authorizing statutes because the rulemaking statutes were effective upon passage (May 2, 2019). The OALP needed additional time to begin the agency before starting the rulemaking process. At the time of passage of the authorizing statutes, the OALP had no employees.

The OALP began the rulemaking process by publishing a Notice of Intent on June 3, 2020 (DIN: 20200603-IR-041200290NIA), and anticipates the rule to be approved within the one year deadline under IC 4-22-2-25(a).

Michelle Allen

Deputy Director and General Counsel

Office of Administrative Law Proceedings