Rule Making Process

Administrative rulemaking is the process by which agencies are authorized to establish binding standards of conduct for regulated entities.  The Administrative Rules and Procedures Act (ARPA) governs agency rulemaking, Ind. Code Art. 4-22, and applies “to the addition, amendment, or repeal of a rule in every rulemaking action.”  Ind. Code § 4–22–2–13(a).  A rulemaking action that does not comply with the requirements of Ind. Code Art. 4-22 is invalid and does not have the effect of law until it is adopted in conformity with Ind. Code Art. 4-22.

Effective July 1, 2023, agencies can do rulemaking through three pathways:  regular rulemaking under IC 4-22-2, provisional rulemaking under IC 4-22-2-37.1, or interim rulemaking under IC 4-22-2-37.2.  In addition, agencies must readopt rules at least every 5 years under the procedures in IC 4-22-2.6.