OALP Pending Rules
LSA #25-378 Subject Matter of 41 IAC 2: The proposed rule will create a new article under Title 41 for OALP to establish procedural requirements for administrative cases heard by OALP and will better inform the public about the hearing process. OALP is an adjudicatory body that hears administrative cases from numerous agencies. IC 4-15-10.5-14 requires OALP's procedures to be governed primarily by the administrative orders and procedures act (AOPA) under IC 4-21.5. AOPA addresses the minimum procedural requirements for administrative cases and is missing critical, detailed information on what is required of the parties. Further, HEA 1003 (2024) gave OALP jurisdiction over administrative cases from the Indiana Department of Environmental Management (IDEM), which were previously heard by the Office of Environmental Adjudication (OEA). HEA 1003 dissolved OEA and transferred OEA personnel and assets to OALP. Section 37(k) of HEA 1003 stated that, until OALP “adopts or amends rules related to environmental matters, the office must continue to follow and implement rules under 315 IAC.” These proposed rules (42 IAC 2) were created in response to HEA 1003 and are a revision of the OEA rules in 315 IAC. 315 IAC will be repealed after 41 IAC 2 is promulgated.
LSA #25-378 Rulemaking Docket | |||
|---|---|---|---|
Stage | Description | Start Date | Timeframe (Est. Days) |
OALP Rule Revisions | OALP’s legal team revises OEA/OALP rules in an informal format | 11/13/2024 | 14 |
Chief ALJ Review | Chiefs will review the proposed rules and submit comments to OALP Legal Team. | 12/12/2024 | 7 |
OALP Legal Team Review | OALP Legal Team reviews comments, revises rules as needed, and creates formal rules format for proposed rulemaking. | 12/19/2024 | 7 |
Stakeholder Review | Environmental law stakeholders (e.g. IDEM and Environmental Bar) will review proposed rules and submit comments to OALP Legal Team. Suggested: OALP Legal Team holds meeting with stakeholders to listen for feedback and explain OALP’s reasoning for revisions. | 12/26/2024 | 28 |
OALP Regulatory/Financial Analysis | OALP Legal Team works with SPD Finance to conduct a financial analysis of proposed rules for submission to OMB and SBA. Note: OALP Legal Team will have been working on a draft financial analysis in preparation for this stage. | 1/23/2025 | 21 |
OMB and SBA Review & Approval | Proposed rules and financial analysis are reviewed & approved by OMB and SBA. | Submitted 5/21/2025 Approved 7/15/2025 | 45 |
LSA Publishes Proposed Rule | OALP submits proposed rules to Legislative Services Agency for publication. | 8/2025 | 14 |
1st Notice & Comment Period | Proposed rules must be published and notice of public hearing issued 30 days in advance of the public hearing date.
Public Comments may be emailed to arahman@oalp.in.gov or anhedinger@oalp.in.gov by 9/17/2025. Comments may be inspected at 100 N. Senate Avenue Suite N802, Indianapolis, Indiana 46204. Please email anhedinger@oalp.in.gov to make an appointment. | 8/13/2025 | 30 |
Public Hearing | OALP holds public hearing in person with an option to attend virtually. See Notice of Public Hearing: | 9/17/2025 | 1 |
OALP Review | If OALP receives substantive comments during the first public comment period, then revisions may need to be made and a second notice and comment period. | 9/18/2025 | 20 |
2nd Notice & Comment Period | Proposed rules must be published and notice of public hearing issued 30 days in advance of the public hearing date. Link will be provided upon receipt. | 10/20/2025 | 30 |
2nd Public Hearing | OALP holds public hearing in person with an option to attend virtually. | TBD | 30 |
Attorney General Review | AG reviews for form and legality of rule. | Nov 2025 | 45 |
Governor Approval | Governor reviews and approves rules. | Dec 2025 | 30 |
Publication | Submitted to LSA for publication. Will be effective 30 days after submission. | TBD | 30 |
Effective Date | TBD | ||
LSA #25-351 Subject Matter of 41 IAC 3: The proposed rule will create a new article under Title 41 of the Indiana Administrative Code to establish OALP’s costs of conducting IDEA hearings and the fees assessed by OALP for school corporations and charter schools to cover these costs. The proposed rule is a mechanism based on the prior school year’s weighted ADM and an amount to be withheld by the Department of Education as they determine funding for each school corporation and charter school. This rule is necessary to comply with HEA 1380 (2024) which added IC 20-35-14 as a new chapter transferring IDEA jurisdiction to the OALP, and how/when those costs are assessed and a fee sufficient to cover those costs.
LSA #25-351 Rulemaking Docket | |||
|---|---|---|---|
Stage | Description | Start Date | Timeframe (Days) |
OALP/DOE Funding Rule Development | Legal teams from OALP & DOE develop new funding/fee rule and properly formats for proposed rulemaking. Note: OALP Legal Team will meet with Patrick Price to discuss proposed changes and formatting. | 11/13/2024 | 7 |
OALP/DOE Financial Analysis | OALP & DOE Legal Team works with SPD Finance to conduct a financial analysis of proposed rules for submission to OMB and SBA. | 11/20/2024 | 60 |
OMB and SBA Review Approval | Proposed rules and financial analysis are reviewed by OMB and SBA. | 3/18/2025 | 45 |
Budget Committee Review | Since proposed rule adds or amends language to increase or expand application of a fee, OALP must obtain budget committee review of the proposed rule before it can be approved by OMB and SBA. SBA will assist an agency covered by this requirement to seek budget committee review. | 6/26/2025 | Included in above OMB Approval step |
LSA Publishes Proposed Rules | OALP submits proposed rules to Legislative Services Agency for publication. | 7/16/2025 | 7 |
1st Notice & Comment Period | Proposed rules must be published and notice of public hearing issued 30 days in advance of the public hearing date.
Public Comments may be emailed to anhedinger@oalp.in.gov by 8/22/2025. Comments may be inspected at 100 N. Senate Avenue Suite N802, Indianapolis, Indiana 46204. Please email anhedinger@oalp.in.gov to make an appointment. | 7/23/2025 | 30 |
Public Hearing | OALP holds public hearing in person with an option to attend virtually. | 8/27/2025 | 1 |
OALP Review | If OALP receives substantive comments during the first public comment period, then revisions may need to be made and a second notice and comment period. | 8/28/2025 | 7 |
2nd Notice & Comment Period | Proposed rules must be published and notice of public hearing issued 30 days in advance of the public hearing date. | N/A | 30 |
Attorney General Review | AG reviews for form and legality of rule. | TBD | 45 |
Governor Approval | Governor reviews and approves rules. | TBD | 30 |
Publication | Submitted to LSA for publication. Will be effective 30 days after submission. | TBD | 30 |
Rulemaking Hearing Videos
Previously Adopted Rules & Docket
OALP is pursuing adoption of a rule to establish a Code of Judicial Conduct for Administrative Law Judges employed by the OALP.
- Notice of Intent to Adopt a Rule, LSA Document #20-290 is posted on the Indiana Register.
- Rulemaking Docket , LSA #20-1290
- Proposed Rule, LSA #20-290
- Economic Impact Statement, LSA # 20-290
- Notice of Public Hearing, LSA #20-290