Title 4, STATE OFFICES AND ADMINISTRATION

Sec. 5.2. (a) This section applies to a body corporate and politic. (b) Whenever a contract to provide supplies to the body corporate and politic is awarded by competitive sealed bidding, a bid submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each: (1) beneficiar…

Sec. 6. Subject to the applicable provisions of this chapter and to other laws not inconsistent with this chapter, the budget agency shall have the following powers and duties respecting all agencies of the state: (1) To prescribe, with the approval of the commissioner of the dep…

Sec. 7. (a) Subject to this chapter and other laws not inconsistent with this chapter, the state comptroller shall, respecting all agencies of the state, do the following: (1) Maintain the centralized accounting records for the state, keep the general books of accounts on a doubl…

Sec. 8. This chapter shall not be construed as divesting the state board of accounts of its powers and duties to prescribe for all state agencies systems of accounts, statements, estimates, and the form receipts, vouchers, bills, purchase orders, encumbrance documents, and demand…

Sec. 9. The commissioner of the department of administration, the director of the state budget agency, and the state comptroller each may adopt rules under IC 4-22-2 to carry out their respective powers and duties under this chapter. Formerly: Acts 1947, c.279, s.9. As amended by…

Sec. 0.1. (a) The amendments made to this chapter by P.L.44-1995 apply as follows: (1) The amendments made to sections 13, 19, 23, 25, and 28 of this chapter apply to a rulemaking action that commences after June 30, 1995. (2) The addition of sections 23.1 and 46 (repealed) of th…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 0.3. The adoption of any rule by a state agency without the approval of the fire prevention and building safety commission before July 1, 1987, is legalize…

Sec. 0.5. The general assembly recognizes that the general assembly has enacted more than one (1) act in the 2011 legislative session amending IC 4-22-2-37.1, including P.L.11-2011, P.L.42-2011, P.L.119-2011, and P.L.175-2011. The general assembly has incorporated the changes mad…

Sec. 13. (a) Subject to subsections (b), (c), and (d), this chapter applies to the addition, amendment, or repeal of a rule in every rulemaking action. (b) This chapter does not apply to the following agencies: (1) Any military officer or board. (2) Any state educational institut…

Sec. 14. This chapter creates only procedural rights and imposes only procedural duties. These procedural rights and duties are in addition to those created and imposed by other law. As added by P.L.31-1985, SEC.3.

Sec. 15. Any rulemaking action that this chapter allows or requires an agency to perform, other than final adoption of a rule under section 29, 37.1, or 37.2 of this chapter or IC 13-14-9, may be performed by the individual or group of individuals with the statutory authority to …

Sec. 16. For the purposes of this section, "governing body", "public agency", and "official action" have the meanings set forth in IC 5-14-1.5. When a governing body of a public agency performs an official action under this chapter, the agency shall comply with IC 5-14-1.5 (the O…

Sec. 17. (a) IC 5-14-3 applies to the text of a rule that an agency intends to adopt from the earlier of the date that the agency takes any action under section 23 of this chapter, otherwise notifies the public of its intent to adopt a rule under any statute, or adopts the rule. …

Sec. 17.5. (a) The legislative services agency shall provide electronic summaries or electronic copies of documents submitted to the publisher under this article or IC 13-14-9 to legislators and legislative committees in the manner and on the schedule specified by the legislative…

Sec. 18. (a) If more than one (1) agency is required by statute to adopt the same rule, the agencies may publish a joint notice of a public hearing and conduct a joint public hearing. However, each agency shall separately draft and adopt a rule that covers the same subject matter…

Sec. 19. (a) This section does not apply to the adoption of rules required to receive or maintain: (1) delegation; (2) primacy; or (3) approval; for state implementation or operation of a program established under federal law. (b) If an agency will have statutory authority to ado…

Sec. 19.1. A state agency may not retroactively apply a change in the agency's interpretation of a statute, regulation, or one of the agency's information bulletins, if that change increases a taxpayer's liability for a state tax or a property tax. As added by P.L.17-1996, SEC.1.

Sec. 19.5. (a) To the extent possible, a rule adopted under this article or IC 13-14-9 shall comply with the following: (1) Minimize the expenses to: (A) regulated entities that are required to comply with the rule; (B) persons who pay taxes or pay fees for government services af…

Sec. 19.6. (a) A rule adopted under this article or IC 13-14-9 that includes a fee, fine, or civil penalty must comply with this section. Subsections (b), (c), and (d) do not apply to a rule that must be adopted in a certain form to comply with federal law. (b) For each fee, fine…

Sec. 19.7. An agency, to the extent feasible and permitted by law, shall afford the public a meaningful opportunity to comment on proposed rules through the agency's website. An agency shall consider providing a comment period that exceeds the minimum required by law. As added by…

Sec. 20. (a) Whenever an agency submits a rule to the publisher, the attorney general, or the governor under this chapter, the agency shall submit the rule in the form of a written document that: (1) is clear, concise, and easy to interpret and to apply; and (2) uses the format, …

Sec. 21. (a) If incorporation of the text in full would be cumbersome, expensive, or otherwise inexpedient, an agency may incorporate by reference into a rule part or all of any of the following matters: (1) A federal or state statute, rule, or regulation. (2) A code, manual, or …

Sec. 22. The attorney general is the legal advisor to all agencies in the drafting and preparation of rules. As added by P.L.31-1985, SEC.11.

Sec. 22.5. (a) This section applies to a rule that an agency intends to: (1) adopt under sections 23 through 36 of this chapter or section 37.2 of this chapter; (2) adopt under IC 13-14-9; or (3) readopt under IC 4-22-2.6. (b) As used in this section, "pending rulemaking action" …

Sec. 22.7. (a) Before complying with section 22.8, 37.1, or 37.2 of this chapter, an agency shall conduct a regulatory analysis for the proposed rule that complies with the requirements of this section. (b) The office of management and budget shall set standards for the criteria,…

Sec. 22.8. (a) After conducting a regulatory analysis under section 22.7 of this chapter, if an agency elects to adopt a rule subject to section 23 of this chapter or IC 13-14-9, the agency shall submit a request to the budget agency and the office of management and budget to aut…

Sec. 23. (a) An agency shall provide notice in the Indiana Register of the first public comment period required by this section. To publish notice of the first public comment period in the Indiana Register, the agency must submit the following to the publisher: (1) A statement of…

Sec. 23.1. Before or after an agency submits a request to the budget agency and the office of management and budget under section 22.8 of this chapter, the agency may solicit comments from all or any segment of the public on the need for a rule, the drafting of a rule, or any oth…

Sec. 24. (a) If: (1) an agency receives substantive comments during the first public comment period or the public hearing under section 23 of this chapter; or (2) the rule establishes a requirement or limitation that is more stringent than an applicable federal requirement or lim…

Sec. 25. (a) An agency has one (1) year from the date that it publishes a notice in the Indiana Register of the first public comment period under section 23 of this chapter to comply with sections 23 through 33 of this chapter and obtain the approval or deemed approval of the gov…

Sec. 26. (a) After the notices and the text of an agency's proposed rule are published under sections 23 and (if applicable) 24 of this chapter, the agency shall conduct a public hearing on the proposed rule. (b) The agency shall convene the public hearing on the date and at the …

Sec. 27. The individual or group of individuals who will finally adopt the rule under section 29 of this chapter shall fully consider comments received by the agency during each public comment period and comments received at the public hearings required by sections 23, 24, and 26…

Sec. 27.5. In addition to the information submitted to the attorney general under section 31 of this chapter, to the governor under section 33 of this chapter, and to the publisher under section 35 of this chapter, an agency shall submit to the attorney general, the governor, and…

Sec. 28. (a) As used in this section, "ombudsman" refers to the small business ombudsman designated under IC 5-28-17-6. (b) The ombudsman: (1) shall review a proposed rule that imposes requirements or costs on small businesses (as defined in IC 4-22-2.1-4); and (2) may review a p…

Sec. 28.1. (a) The following definitions apply throughout this section: (1) "Coordinator" refers to the small business regulatory coordinator assigned to a rule by an agency under subsection (b). (2) "Director" refers to the director or other administrative head of an agency. (3)…

Sec. 28.2. (a) This section applies to a violation described in subsection (c) that occurs after June 30, 2005. However, in the case of a violation of a rule adopted under IC 13-14-9 by the department of environmental management or the board (as defined in IC 13-13-8-1), the proc…

Sec. 29. (a) As used in this section, "small business ombudsman" refers to the small business ombudsman designated under IC 5-28-17-6. (b) After an agency has complied with sections 26, 27, and 28 of this chapter, the agency may: (1) adopt a rule that is identical to a proposed r…

Sec. 3. (a) "Agency" means any officer, board, commission, department, division, bureau, committee, or other governmental entity exercising any of the executive (including the administrative) powers of state government. The term does not include the judicial or legislative depart…

Sec. 31. After an agency has complied with section 29 of this chapter, or adopted the rule in conformity with IC 13-14-9, as applicable, the agency shall submit its rule to the attorney general for approval. The agency shall submit the following to the attorney general: (1) The r…

Sec. 32. (a) The attorney general shall review each rule submitted under section 31 of this chapter for legality. (b) In the review, the attorney general shall determine whether the rule adopted by the agency complies with the requirements under section 29 of this chapter and (if…

Sec. 33. (a) After a rule has been approved or deemed approved under section 32 of this chapter, the agency shall submit the rule to the governor for approval. The agency shall submit the rule in the form required by section 20 of this chapter and with the documents required by s…

Sec. 34. (a) The governor may approve or disapprove a rule submitted under section 33 of this chapter with or without cause. (b) The governor has fifteen (15) days from the date that an agency submits a rule under section 33 of this chapter to approve or disapprove the rule. Howe…

Sec. 35. (a) When a rule has been approved or deemed approved by the governor within the period allowed by section 25 of this chapter, the agency shall immediately submit the rule to the publisher for filing. The agency shall submit the rule in the form required by section 20 of …

Sec. 36. A rule that has been accepted for filing under section 35 of this chapter takes effect on the latest of the following dates: (1) The effective date of the statute delegating authority to the agency to adopt the rule. (2) The date that is thirty (30) days from the date an…

Sec. 37.1. (a) The following do not apply to a rule adopted under this section: (1) Sections 23 through 27 of this chapter or IC 13-14-9 (as applicable). (2) Sections 28 through 36 of this chapter. The amendments to this section made in the 2023 regular session of the general ass…

Sec. 37.2. (a) The following do not apply to a rule adopted under this section: (1) Sections 23 through 27 of this chapter or IC 13-14-9 (as applicable). (2) Sections 28 through 36 of this chapter. This section as added by the 2023 regular session of the general assembly applies …