(1) adopt under sections 23 through 36 of this chapter or section 37.2 of this chapter;

(3) readopt under IC 4-22-2.6.

     (b) As used in this section, “pending rulemaking action” means any rulemaking action in which:

(1) either:

(A) a notice of a public comment period has been published under section 23 or 37.2 of this chapter;

(B) a rulemaking action has been commenced under IC 13-14-9; or

(C) a rulemaking action has been commenced under IC 4-22-2.6; and

(2) the rule has not become effective under section 36 of this chapter.

     (c) Each agency shall maintain a current rulemaking docket that is indexed.

     (d) A current rulemaking docket must list each pending rulemaking action. The docket must state or contain:

(1) the subject matter of the proposed rule;

(2) notices related to the proposed rule, or links to the Indiana Register where these notices may be viewed;

(3) how comments may be made;

(4) the time within which comments may be made;

(5) where comments and the agency’s written response to those comments may be inspected;

(6) the date, time, and place where a public hearing required under:

(A) section 26 of this chapter; or

(B) IC 13-14-9;

will be held;

(7) a description of relevant scientific and technical findings related to the proposed rule, if applicable; and

(8) a reasonable estimate of the timetable for action, updated periodically as circumstances change, if necessary.

     (e) The agency shall maintain the rulemaking docket on the agency’s website. The information must be in an open format that can be easily searched and downloaded. Access to the docket shall, to the extent feasible and permitted by law, provide an opportunity for public comment on the pertinent parts of the rulemaking docket, including relevant scientific and technical findings. Upon request, the agency shall provide a written rulemaking docket.

As added by P.L.152-2012, SEC.6. Amended by P.L.72-2014, SEC.7; P.L.249-2023, SEC.17.