(1) an agency receives substantive comments during the first public comment period or the public hearing under section 23 of this chapter; or

(2) the rule establishes a requirement or limitation that is more stringent than an applicable federal requirement or limitation;

the agency must conduct a second public comment period under this section.

     (b) To publish a notice of the second public comment period in the Indiana Register, the agency must submit the following to the publisher:

(1) The full text of the agency’s proposed rule in the form required by section 20 of this chapter. The agency also shall submit the documents required by section 21 of this chapter (if the agency has not previously provided the publisher with the documents). The publisher shall determine the number of copies of the rule and other documents to be submitted under this subdivision.

(2) The notice required under subsection (c).

     (c) The agency shall include the following in the second public comment period notice published in the Indiana Register:

(1) A statement of the date, time, and place at which the public hearing required by section 26 of this chapter will be convened, including information for how to attend the hearing remotely.

(2) A general description of the subject matter of the proposed rule.

(3) A summary of the written comments received by the agency during the first public comment period and a summary of the response of the agency to written comments submitted under section 23 of this chapter during the first public comment period.

(4) Either a statement indicating that no changes in the regulatory analysis have been made from the version of the regulatory analysis published under section 23 of this chapter or the latest version of the regulatory analysis (excluding any appendices containing any data, studies, or analyses referenced in the regulatory analysis) submitted to the budget agency and the office of management and budget under section 22.8 of this chapter, if any changes have been made in the regulatory analysis after submitting the material to the publisher under section 23 of this chapter.

(5) An explanation of any differences between the text of the proposed rule published for the first public comment period under section 23 of this chapter and the text of the proposed rule published for the second public comment period under this section.

(6) Information concerning where, when, and how a person may submit written comments on the proposed rule, including contact information concerning the small business regulatory coordinator required by section 28.1 of this chapter.

(7) Information concerning where, when, and how a person may inspect and copy the regulatory analysis and any data, studies, or analyses referenced in a regulatory analysis referenced in subdivision (4).

(8) Information concerning where, when, and how a person may inspect any documents incorporated by reference into the proposed rule under section 21 of this chapter.

(9) An indication that the notice is for the second of two (2) thirty (30) day periods in which the public may comment on the proposed rule and that following the second public comment period the agency may adopt a version of the proposed rule that is the same as or does not substantially differ from the text of the proposed rule published under this section.

Inadequacy or insufficiency of the published description or regulatory analysis in a notice published under this section does not invalidate a rulemaking action.

     (d) Although the agency may comply with the publication requirements in this section on different days, the agency must comply with all of the publication requirements in this section at least thirty (30) days before the public hearing required by section 26 of this chapter is convened.

     (e) The publisher shall review materials submitted under this section and determine the date that the publisher intends to include the material in the Indiana Register. If the submitted material complies with this section, the publisher shall establish the intended publication date, assign a document control number to the proposed rule, and provide a written or an electronic mail authorization to proceed to the agency. The publisher shall publish the following in the Indiana Register on the intended publication date:

(1) The notice of the second public comment period, including any information required under IC 13-14-9-4 (if applicable).

(2) The full text of the agency’s proposed rule (excluding the full text of a matter incorporated by reference under section 21 of this chapter).

As added by P.L.31-1985, SEC.13. Amended by P.L.188-2005, SEC.1; P.L.215-2005, SEC.4; P.L.239-2005, SEC.1; P.L.1-2006, SEC.71; P.L.249-2023, SEC.22.