Sec. 3. (a) A board may adopt a rule under IC 4-22-2 that changes a period described under section 1 of this chapter within which the commissioner must approve or deny an application:

(1) if:

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Terms Used In Indiana Code 13-15-4-3

  • Statute: A law passed by a legislature.
(A) the general assembly enacts a statute;

(B) a board adopts a rule; or

(C) the federal government enacts a statute or adopts a regulation;

that imposes a new requirement concerning a class of applications that makes it infeasible for the commissioner to approve or deny the application within the period;

(2) if:

(A) the general assembly enacts a statute;

(B) a board adopts a rule; or

(C) the federal government enacts a statute or adopts a regulation;

that establishes a new permit program for which a period is not described under section 1 of this chapter; or

(3) if some other significant factor concerning a class of applications makes it infeasible for the commissioner to approve or deny the application within the period.

     (b) If a board adopts a rule described in subsection (a) as a provisional rule under IC 4-22-2-37.1 or as an interim rule under IC 4-22-2-37.2, the board shall:

(1) include the variance procedures in the rule; and

(2) review the permits or licenses granted during the period the rule is in effect after the rule expires.

If a board adopts a provisional rule or an interim rule under this subsection, the period described in section 1 of this chapter is suspended during the rulemaking process.

[Pre-1996 Recodification Citation: 13-7-10.1-4(c).]

As added by P.L.1-1996, SEC.5. Amended by P.L.140-2013, SEC.14; P.L.93-2024, SEC.117.