Readoption Process
Readoption Process
After HEA 1623, a rule now expires on January 1st of the 5th year after the year in which the rule takes effect (rather than the 7th year). IC 4-22-2.6(a). In addition, there are no longer “forever” rules because of the eliminations of exemptions to rule expiration.
A table with the readoption deadlines for existing rules, including rules that previously did not expire, is available in HEA 1623 FAQ #30.
Before readopting a rule, the agency must conduct a review to determine the continued need for the rule by examining the factors listed in IC 4-22-2.6-4, including reviewing and updating the regulatory analysis for the rule. The template for the readoption analysis includes the factors required for review. [include link] The template for the regulatory analysis is provided here [include link]. The agency should review Financial Management Circular 5.1 OMB Review of Agency Rulemaking, Financial Management Circular 5.2 SBA Review of Agency Rulemaking, and OMB’s rulemaking presentation for guidance regarding how to prepare the regulatory analysis.
Readoption Overview
1. Initial Notice of Readoption to Legislature: Pursuant to IC 4-22-2.6-3, by January 1 of the year before a rule expires, the agency must provide an initial notice of readoption to legislators and legislative committees designated by the Legislative Council. The LSA template for the notice is provided here.
2. Notice of Readoption: Pursuant to IC 4-22-2.6-5, by the first working day in September before a rule expires, the agency must publish a Notice of Readoption in the Indiana Register which includes a general description of the subject matter of all rules proposed to be readopted, listing of rules that are proposed to be readopted, instructions on how to submit written comments, and any other information required by the publisher. The LSA template for the notice is provided here.
3. Readoption Analysis: Along with the Notice of Readoption, the agency must publish a written findings regarding its determination of the continued need for the rule. The template for the readoption analysis is provided here.
4. Comment Period: There is a public comment period that lasts 30 days. The agency shall prepare responses to all comments received during the public comment per.
5. Written Objection to Readoption: Anyone may submit a written request to have a particular rule considered separately and the agency will have readopt the rule through the formal rulemaking process.
6. Post Comment Period: Following the consideration of the comments the agency may conduct 1 or more additional comment periods, readopt 1 or more rules, or repeal 1 or more rules.
7. Final Rule for Readoption: The agency must publish the final rule for readoption at least 30 days before the existing rule expires (December 1). The LSA template for the readopted final rule is provided here.
8. Governor Review: If the Governor finds that the failure to readopt the rule causes an emergency to exist, the Governor, may by executive order issued before the rule’s expiration date, postpone the expiration date of the rule up to 1 year.