Sec. 5. (a) A board may not adopt a rule until all of the following occur:
(1) The board holds a board meeting on the proposed rule.
(2) The department, after approval of the proposed rule by the board under subsection (c), publishes the following in the Indiana Register as provided in IC 4-22-2-24(c):
(A) The full text of the proposed rule, including any amendments arising from the comments received before or during the meeting held under subdivision (1).
(B) A summary of the response of the department to all comments received at the meeting held under subdivision (1).
(C) For a proposed rule with an estimated economic impact on regulated entities that is greater than five hundred thousand dollars ($500,000), a copy of the office of management and budget fiscal analysis required under IC 4-22-2-28.
(3) The board, after publication of the notice under subdivision (2), holds another board meeting on the proposed rule.
(4) If a third public comment period is required under section 4.5 of this chapter, the department publishes notice of the third public comment period in the Indiana Register.
(b) Board meetings held under subsection (a)(1) and (a)(3) shall be conducted in accordance with IC 4-22-2-26(b) through IC 4-22-2-26(d).
(c) At a board meeting held under subsection (a)(1), the board shall determine whether the proposed rule will:
(1) proceed to publication under subsection (a)(2);
(2) be subject to additional comments under section 3 or 4 of this chapter, considering any written finding made by the commissioner under section 7 or 8 of this chapter; or
(3) be reconsidered at a subsequent board meeting in accordance with IC 4-22-2-26(d).
[Pre-1996 Recodification Citation: 13-7-7.1-5.]
As added by P.L.1-1996, SEC.4. Amended by P.L.130-1997, SEC.4; P.L.2-1998, SEC.48; P.L.224-1999, SEC.2; P.L.123-2006, SEC.29.
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