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.

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(2) The department, after approval of the proposed rule by the board under subsection (c), publishes the information in the Indiana Register required by section 4 of this chapter. However, a notice of an additional public comment period under section 4.5 of this chapter must request the submission of comments, including suggestions of specific amendments, that concern only the portion of the preliminarily adopted rule that is substantively different from the language contained in the proposed rule published in the immediately preceding notice under section 4 or (if applicable) 4.5 of this chapter.

(3) The board, after publication of the notice under subdivision (2), holds another board meeting on the proposed rule.

(4) If an additional public comment period is required under section 4.5 of this chapter, the department publishes notice of the additional 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 4.5 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; P.L.249-2023, SEC.56.

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