Title 4, STATE OFFICES AND ADMINISTRATION

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 …

Sec. 38. (a) This section applies to a rulemaking action resulting in any of the following rules: (1) A rule that brings another rule into conformity with section 20 of this chapter. (2) A rule that amends another rule to replace an inaccurate reference to a statute, rule, regula…

Sec. 39. (a) When an agency submits a rule for filing under section 35, 37.1, 37.2, or 38 of this chapter, the publisher may accept the rule for filing only if the following conditions are met: (1) The following documents are submitted to allow the publisher to comply with IC 4-2…

Sec. 40. (a) At any time before a rule is accepted for filing by the publisher under section 35, 37.1, 37.2, or 38 of this chapter, the agency that adopted the rule may recall it. A rule may be recalled regardless of whether: (1) the rule has been disapproved by the attorney gene…

Sec. 41. (a) At any time before a rule is accepted by the publisher for filing under section 35, 37.1, 37.2, or 38 of this chapter, the agency that adopted the rule may withdraw it. (b) IC 13-14-9 and sections 23 through 40 of this chapter do not apply to a withdrawal action. How…

Sec. 42. The publisher, with the assistance of the code revision committee, shall establish a format, a numbering system, standards, and techniques for agencies to use whenever they draft and prepare rules under this chapter. As added by P.L.31-1985, SEC.31. Amended by P.L.42-202…

Sec. 43. (a) Subject to section 42 of this chapter, the attorney general may adopt rules under this chapter to interpret or implement this chapter. (b) An agency may adopt rules under this chapter to supplement the procedures in this chapter for its own rulemaking actions. As add…

Sec. 44. Except as provided in section 44.3 of this chapter, a rulemaking action that does not conform with this chapter is invalid, and a rule that is the subject of a noncomplying rulemaking action does not have the effect of law until it is adopted in conformity with this chap…

Sec. 44.3. (a) Notwithstanding the addition of section 44 of this chapter by P.L.31-1985, a rule that is in effect on August 31, 1985, is not invalidated by the passage of P.L.31-1985. (b) Notwithstanding the addition of section 44 of this chapter by P.L.31-1985, a rule that is t…

Sec. 45. A: (1) claim; or (2) defense; that asserts that a rule is invalid on procedural grounds may not be asserted if the claim or defense is based on rulemaking procedures that were followed or should have been followed by a board described in IC 13-14-9-1 or the department in…

Sec. 1. (a) There is hereby created a commission to be known as the Indiana arts commission. On and after July 1, 1967, the commission shall consist of fifteen (15) members who shall be appointed by the governor and shall serve for a term of four (4) years and until their success…

Sec. 2. The commission shall have the following purposes and duties: (1) to stimulate and encourage throughout the state the study and presentation of the performing and fine arts and public interest and participation in the performing and fine arts; (2) to make such surveys as m…

Sec. 3. In furtherance of its purposes and duties, the commission shall have, and may exercise, the following powers: (1) To employ an executive director. (2) To adopt, promulgate, amend and rescind such rules and regulations not inconsistent with the provisions of this chapter a…

Sec. 4. (a) The executive director shall be the chief administrative officer of the commission. The executive director shall supervise the employees of the commission and shall assist the commission in promoting and carrying on its activities and administrative work. The executiv…

Sec. 5. Appropriate office facilities, supplies and equipment shall be provided for the commission and the executive director and other employees of the commission. Formerly: Acts 1965, c.248, s.5; Acts 1967, c.274, s.5.

Sec. 7. (a) As used in this section, "district" means an area certified as an arts and cultural district under this section. (b) As used in this section, "unit" means a city, town, or county. (c) The commission shall establish an arts and cultural district certification program. …

Sec. 1. Any state charitable or benevolent institution or the state of Indiana may: (1) receive gifts, bequests, and devises of real or personal property, or both, for: (A) the aid or maintenance of any institution; or (B) state parks or other state purposes; and (2) agree to ret…

Sec. 2. When the gift is for the purpose of providing an annuity, the same may be accepted by any such institution or by the state itself upon condition that the institution or the state, as the case may be, shall pay to the donor, for the life of the donor, or for a term of year…

Sec. 3. The value of the property comprised in the gift shall be determined by three (3) disinterested appraisers appointed by the governor of the state, and no gift shall be accepted by any institution named in section one or by the state itself unless it be approved by the gove…

Sec. 4. For the purpose of securing the payment of annuities, the property comprised in the gift may be pledged, by way of mortgage or otherwise, to the annuitant or annuitants for the full period of the life of the annuity or annuities, but the property pledged shall be the sole…

Sec. 5. All annuities provided for under this chapter shall be free of all taxation for any or all purposes within the state of Indiana. Formerly: Acts 1917, c.20, s.5. As amended by P.L.136-2018, SEC.11.

Sec. 6. An institution may not be the recipient of a gift, whether on the payment of an annuity or otherwise, that pledges the institution to perform any acts other than acts that the institution is authorized by law to perform. [Pre-2007 Higher Education Recodification Citation:…

Sec. 7. All gifts of money, and all money realized from real and personal property, made under this chapter, to permanently endow any institution described in section 1 of this chapter shall be taken in charge by the state, as a trust, and managed in all respects the same as the …

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.255-2015, SEC.1.

Sec. 2. "Class III gaming" has the meaning set forth in 25 U.S.C. 2703(8). As added by P.L.255-2015, SEC.1.

Sec. 3. "Indian lands" has the meaning set forth in 25 U.S.C. 2703(4). As added by P.L.255-2015, SEC.1.

Sec. 4. "Indian tribe" has the meaning set forth in 25 U.S.C. 2703(5). As added by P.L.255-2015, SEC.1.

Sec. 5. "Tribal-state compact" means a compact under 25 U.S.C. 2701 et seq. between an Indian tribe and the state to allow gaming on Indian lands located in Indiana. As added by P.L.255-2015, SEC.1.

Sec. 1. The definitions set forth in this chapter apply throughout this article. As added by P.L.341-1989(ss), SEC.1.

Sec. 2. "Commission" refers to the state lottery commission. As added by P.L.341-1989(ss), SEC.1.

Sec. 3. "Director" refers to the director of the commission. As added by P.L.341-1989(ss), SEC.1.

Sec. 4. "Lottery" refers to the Indiana state lottery. As added by P.L.341-1989(ss), SEC.1.

Sec. 4.3. "Lottery courier service" means a for-profit service operated for the purpose of purchasing or facilitating the purchase of lottery tickets on behalf of persons and delivering or transmitting the tickets, or electronic images of the tickets, to the person in exchange fo…

Sec. 5. "Major procurement" means a procurement for a contract for the printing of tickets to be used in a lottery game, consultation services for the start up and operation of the lottery, and any goods and services involving any of the following: (1) The official recording for …

Sec. 6. "Person" means an individual, a firm, an association, a joint venture, a partnership, a limited liability company, an estate, a trust, a syndicate, a fiduciary, a corporation, or any other group or combination. The term includes an agency or political subdivision of the s…

Sec. 7. "Retailer" means a person who sells lottery tickets on behalf of the commission under a contract. As added by P.L.341-1989(ss), SEC.1. Amended by P.L.32-1990, SEC.1.