Rulemaking Overview

The IURC's rules and regulations can be found at 170 IAC, which is the agency's portion of the Indiana Administrative Code. By definition, a "rule" means the whole or any part of an agency statement of general applicability that: 1) has or is designed to have the effect of the law; and 2) implements, interprets, or prescribes a law or policy or the organization, procedure, or practice requirements of an agency.

Before the IURC may add or make changes to its rules, it initiates the formal rulemaking process. The process ensures the opportunity for public comment and allows the issues to be fully vetted. Our Office of General Counsel oversees this process and serves as the point of contact for interested parties.

Procedural Schedule

Rule Development: The rule development stage allows the IURC and interested parties to discuss issues prior to commencing the formal rulemaking process.

Notice of Intent and Fiscal Impact: The Notice of Intent commences the formal rulemaking process, which must be completed within a year after the notice is published. If more time is necessary, the IURC may file for an extension. The notice is filed with the Legislative Services Agency (LSA) that the IURC intends to create a rule. Statements are filed with the Office of Management and Budget (OMB) regarding the fiscal impact the rule will have on regulated entities and state and local government.

Proposed Rule: After OMB approves the fiscal impact, the IURC adopts a Proposed Rule. If there are no comments provided during the comment period, this will become the Final Rule.

Public Hearing and Public Comment: The IURC will hold a public hearing, during which time anyone can provide oral comments on the rule. The IURC will also have a written comment period, with oral and written comments having equal weight. Due to the open process, a rule may undergo several rounds of changes.

Final Rule: The IURC considers the public comments and may make changes based on those comments to form the Final Rule. The IURC will then circulate the Final Rule through state government after making any proper changes based on the comments received.

State Review: The Office of the Attorney General and the Governor’s Office will review and approve the rule. After that, it will be filed with LSA and becomes effective 30 days later, unless the rule specifies a different effective date.

Effective Rule: The rule has been approved by all state signatories and is now an enforceable administrative rule.