Title 4, STATE OFFICES AND ADMINISTRATION

Sec. 14.5. (a) The department of administration may allow the department of state revenue access to the name of each person who is either: (1) bidding on a contract to be awarded under this chapter; or (2) a contractor or a subcontractor under this chapter. (b) If the department …

Sec. 14.6. A salary agreement, salary adjustment, or compensation plan for the personnel of any state agency is not valid unless approved by the state budget agency, except where the amount of compensation or salary is expressly fixed or provided for by law. Schedules of salary r…

Sec. 14.7. A person employed, appointed, or under contract with a state agency, who works with or around children, shall be dismissed (after the appropriate pre-deprivation procedure has occurred) if that person is, or has ever been, convicted of any of the following: (1) Rape (I…

Sec. 14.8. (a) Notwithstanding any other law, rule, or custom, but subject to subsections (c) and (d), a person who has a contract with the state or submits invoices to the state for payment shall authorize in writing the direct deposit by electronic funds transfer of all payment…

Sec. 16. The commissioner of the department of administration, a member of the commissioner's department, or a member of a standardization committee may not be financially interested or have any personal beneficial interest in any contract or purchase order for any supplies, mate…

Sec. 18. (a) For the purpose of the administration of the allotment system provided by this section, each fiscal year shall be divided into four (4) quarterly allotment periods, beginning respectively on the first day of July, October, January, and April. In any case where the qu…

Sec. 18.5. (a) The budget agency shall provide a report to the budget committee by September 1 of each year containing each augmentation for the most recently preceding state fiscal year. The report shall include the reason that each augmentation was necessary. (b) This section e…

Sec. 19. (a) Except as specifically provided for in appropriation acts, every appropriation or part thereof remaining unexpended and unencumbered at the close of any fiscal year shall lapse and be returned to the general revenue fund. However, an appropriation for purchase of rea…

Sec. 20. (a) Except as otherwise provided in this section or IC 12-8-10-7, payment for any services, supplies, materials, or equipment shall not be paid from any fund or state money in advance of receipt of such services, supplies, materials, or equipment by the state. (b) With t…

Sec. 23. (a) The state board of finance may transfer, assign, or reassign any appropriation, appropriations, or part thereof for one (1) specific use or purpose to another use or purpose of any officer or agency so long as the use and purpose to which it is transferred, assigned,…

Sec. 24. All rights, powers, and duties of preauditing and accounting for the financial transactions and activities of all state agencies vested in and conferred upon before March 13, 1947, the auditor of state remain vested in and conferred upon the state comptroller. The state …

Sec. 28. (a) The commissioner of the department of administration shall establish a central warehouse. (b) Whenever the commissioner determines that it is advantageous to purchase commodities, materials, or supplies, which are used by several state agencies for their industries o…

Sec. 29. In the event any section, clause, or part of Acts 1947, c.279, shall be held to be unconstitutional, then each section, clause, part, and all of that act shall be and hereby is declared to be null, void, and without effect in and as law. Formerly: Acts 1947, c.279, s.38 …

Sec. 30. (a) This section applies in each of the state fiscal years: (1) beginning July 1, 2025, and ending June 30, 2026; and (2) beginning July 1, 2026, and ending June 30, 2027. (b) As used in this section, "state agency" means an authority, board, branch, commission, committe…

Sec. 4. The state comptroller shall be director of auditing by virtue of the state comptroller's office as state comptroller. Formerly: Acts 1947, c.279, s.4. As amended by P.L.5-1984, SEC.48; P.L.215-2016, SEC.79; P.L.9-2024, SEC.83.

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 …