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Governor Mike Braun
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Rules

In 2023, the Indiana General Assembly passed changes to IC 4-22-2 that updated the rulemaking process for Executive Branch Agencies.

Permanent Rules

The Natural Resources Commission (Commission) is unique regarding the rulemaking process, due to preliminary adoption, which gives permission for the official rulemaking process to commence, and final adoption, which votes on the final language of the proposed permanent rule and for the proposed permanent rule.

After June 30, 2023, a public hearing or other public meeting in which an agency receives comments concerning a rulemaking action from the general public must be webcast on the state website during the hearing or meeting for the public to view the proceedings. Webcasts must be archived as public records on the state website. (IC 4-22-2-17).

All rulemaking documents are published here on the Commission website, under the proper rule type, as well as with the Indiana Register at https://iar.iga.in.gov/register.

An agency is required to hold a first public comment period that is at least thirty (30) days, as well as a first public hearing which is at least thirty (30) days after the published notice of public hearing. (IC 4-22-2-23 and IC 4-22-2-26).

If an agency receives substantive comments during the first public comment period, first public hearing, or both, a second public comment period that is at least thirty (30) days, as well as a second public hearing which is at least thirty (30) days after the published notice of public hearing are required. (IC 4-22-2-24 and IC 4-22-2-26).

The Commission provides the following avenues by which persons may submit public comments: by staff e-mail address, via the rulemaking docket, by phone, by US Mail, and in person or electronically during a public hearing. All comments must be fully and equally considered no matter what method by which the person submits the comment.

Rules then are submitted to the Attorney General’s Office and the Governor’s Office for review to determine validity. (IC 4-22-2-32, IC 4-22-2-33, and IC 4-22-2-34).

After review and approval, the proposed permanent rule is submitted to the Publisher, the Indiana Register and is effective thirty (30) days after the proposed permanent rule is accepted for filing by the publisher, or another specified date as determined by the Indiana Code or the agency, whichever is later. (IC 4-22-2-35 and IC 4-22-2-36).

Provisional Rules (IC 4-22-2-37.1)

The Commission may adopt provisional rules if the rules are necessary to avoid:

  1. an imminent and a substantial peril to public health, safety, or welfare;
  2. an imminent and a material loss of federal funds for an agency program;
  3. an imminent and a material deficit;
  4. an imminent and a substantial violation of a state or federal law or the terms of a federal agreement or program;
  5. injury to the business or interests of the people or any public utility of Indiana as determined under IC 8-1-2-113;
  6. an imminent and a substantial peril to:
    1. wildlife; or
    2. domestic animal; health, safety, or welfare; or
  7. the spread of invasive species, pests, or diseases affecting plants.

Approval from the Governor is required to proceed with a provisional rule. After submitting a proposed provisional rule to the Indiana Register (the publisher), ten (10) regular business days must elapse before the provisional rule may be submitted to become effective. The provisional rule becomes effective after ten (10) regular business days elapses. The Attorney General and Governor have forty-five (45) days to file an objection to the provisional rule. If no objection is filed and the provisional rule is not found to be invalid, a provisional rule is effective for one hundred eighty (180) days.

“However, unless otherwise provided by IC 4-22-2.3, a provisional rule and all amendments of a provisional rule by another provisional rule expire not later than one hundred eighty (180) days after the initial provisional rule is accepted for filing under subsection (g). Unless otherwise provided by IC 4-22-2.3-2, the subject of the provisional rule, including all amendments to the provisional rule, may not be subsequently extended under this section or section 37.2 of this chapter. If the governor determines that the circumstance that is the basis for using the procedures under this section ceases to exist, the governor may terminate the provisional rule before the lapse of one hundred eighty (180) days. The termination is effective when filed with the publisher.”

Interim Rules (IC 4-22-2-37.2)

An agency may only adopt an interim rule on a subject for which the agency has rulemaking authority using the procedures in this section if the governor finds that the agency proposing to adopt the interim rule has demonstrated to the satisfaction of the governor that use of interim rulemaking procedures under this section is necessary to implement:

  1. a new state or federal law or program, rule of another state agency, federal regulation, or federal grant or loan agreement, or (if used by the agency to carry out the agency's responsibilities) a building, an equipment, a firefighting, a safety, or a professional code adopted by a nationally recognized organization;
  2. a change in a state or federal law or program, rule of another state agency, federal regulation, federal grant or loan agreement, or (if used by the agency to carry out the agency's responsibilities) a building, an equipment, a firefighting, a safety, or a professional code adopted by a nationally recognized organization; or
  3. a category of rule authorized under IC 4-22-2.3 to be adopted as an interim rule; before the time that a final permanent rule approved by the governor could reasonably take effect.

Unless otherwise stated under IC 4-22-2 or IC 4-22-2.3, an interim rule is effective for four hundred twenty-five (425) days.

Exceptions

  1. The director of the department of natural resources may adopt interim rules to temporarily modify or suspend a rule described in IC 14-22-2-6 (fish and wildlife rules). Expiration not later than one (1) year after the rule is accepted for filing by the publisher of the Indiana Register and may not be continued in another interim rule. (IC 4-22-2-2.3-3).
  2. The department of natural resources/the natural resources commission may adopt interim rules to carry out the duties of the department of natural resources under a law listed in IC 14-10-2-5. An interim rule may be continued in another interim rule only if the governor determines under IC 4-22-2-37.2(c) that the policy options available to the agency are so limited that use of the procedures for permanent rulemaking in IC 4-22-2-23 through IC 4-22-2-36 would provide no benefit to persons regulated or otherwise affected by the interim rule. An interim rule adopted under a law listed in IC 14-10-2-5(a)(22) expires upon the earlier of the following:
    “(1) One (1) year after the rule is accepted by the publisher of the Indiana Register.
    (2) Upon the adoption of a rule under this chapter concerning the department of natural resources' discharge of duties imposed under this article.”. (IC 4-22-2.3-5).

An interim rule only becomes effective after a comment period of thirty (30) days. The department may adopt the interim rule only after submitting the required documents, including a summary of the comments received and the responses to those comments.

The Attorney General and Governor have forty-five (45) days to file an objection to the provisional rule.