2014 Indiana Code TITLE 4. STATE OFFICES AND ADMINISTRATION ARTICLE 22. ADMINISTRATIVE RULES AND PROCEDURES CHAPTER 7. CODIFICATION, DISTRIBUTION, AND PUBLICATION OF RULES AND OTHER AGENCY STATEMENTS
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IC 4-22-7
Chapter 7. Codification, Distribution, and Publication of
Rules and Other Agency Statements
IC 4-22-7-1
Application of chapter
Sec. 1. This chapter applies to all rules adopted under IC 4-22-2.
As added by P.L.31-1985, SEC.34.
IC 4-22-7-2
Definitions
Sec. 2. The definitions in IC 4-22-2-3 apply throughout this
chapter.
As added by P.L.31-1985, SEC.34.
IC 4-22-7-3
Updating of rules; style standards; correction of errors
Sec. 3. An agency shall add, amend, and repeal its rules, as
necessary, to:
(1) eliminate obsolete or unenforceable provisions;
(2) eliminate deviations from the format, numbering system,
standards, and techniques established under IC 4-22-2-42; and
(3) eliminate other typographical, clerical, or spelling errors.
As added by P.L.31-1985, SEC.34.
IC 4-22-7-4
Retention of copy of rule by agency
Sec. 4. An agency shall maintain a copy of each rule that has been
filed with the secretary of state (including documents filed with the
secretary of state under IC 4-22-2-21) under a retention schedule
established by the commission on public records.
As added by P.L.31-1985, SEC.34. Amended by P.L.215-2005,
SEC.11.
IC 4-22-7-5
Retention of original copy of rule by publisher
Sec. 5. (a) The publisher shall retain the electronic copy of each
rule that has been accepted for filing by the publisher (including
documents filed with the publisher under IC 4-22-2-21) and one (1)
copy of any supporting documentation submitted under IC 4-22-2-31.
The publisher has official custody of an agency's adopted rules.
(b) When the publisher distributes or electronically publishes a
rule, the publisher may distribute the rule without including the full
text of any matter incorporated into the rule.
As added by P.L.31-1985, SEC.34. Amended by P.L.19-1986, SEC.2;
P.L.11-1996, SEC.2; P.L.28-2004, SEC.44; P.L.215-2005, SEC.12;
P.L.1-2006, SEC.77; P.L.123-2006, SEC.19.
IC 4-22-7-6
Publication of rules by individual agency
Sec. 6. An agency may publish its rules under IC 4-13-4.1. A
publication containing rules also may include any other matter that
may assist the public in conducting its business with the agency.
As added by P.L.31-1985, SEC.34.
IC 4-22-7-7
Certain statements, orders, and official opinions; distribution of
copies; maintenance of current list
Sec. 7. (a) This section applies to the following agency
statements:
(1) Executive orders issued by the governor.
(2) Notices that a rule has been disapproved or objected to by
the attorney general under IC 4-22-2-32 or IC 4-22-2-38, or
disapproved or objected to by the governor under IC 4-22-2-34
or IC 4-22-2-38.
(3) Official opinions of the attorney general (excluding advisory
letters).
(4) Official explanatory opinions of the state board of accounts
based on an official opinion of the attorney general.
(5) Any other statement:
(A) that:
(i) interprets, supplements, or implements a statute or rule;
(ii) has not been adopted in compliance with IC 4-22-2;
(iii) is not intended by its issuing agency to have the effect
of law; and
(iv) may be used in conducting the agency's external
affairs; or
(B) that specifies a policy that an agency relies upon to:
(i) enforce a statute or rule;
(ii) conduct an audit or investigation to determine
compliance with a statute or rule; or
(iii) impose a sanction for violation of a statute or rule.
This subdivision includes information bulletins, revenue rulings
(including, subject to IC 6-8.1-3-3.5, a letter of findings), and
other guidelines of an agency.
(6) A statement of the governor concerning extension of an
approval period under IC 4-22-2-34.
(b) Whenever an agency adopts a statement described by
subsection (a), the agency shall distribute electronic copies of the
statement to the publisher for publication and indexing in the Indiana
Register (in the format specified by the publisher under IC 4-22-2)
and the copies required by IC 4-23-7.1-26 to the Indiana library and
historical department. However, if a statement under subsection
(a)(5)(B) is in the form of a manual, book, pamphlet, or reference
publication, the publisher is required to publish only the title of the
manual, book, or reference publication.
(c) Every agency that adopts a statement described under
subsection (a) also shall maintain a current list of all agency
statements described in subsection (a) that it may use in its external
affairs. The agency shall update the listing at least every thirty (30)
days. The agency shall include on the list the name of the agency and
the following information for each statement:
(1) Title.
(2) Identification number.
(3) Date originally adopted.
(4) Date of last revision.
(5) Reference to all other statements described in subsection (a)
that are repealed or amended by the statement.
(6) Brief description of the subject matter of the statement.
(d) At least quarterly, every agency that maintains a list under
subsection (c) shall distribute two (2) copies to the Indiana library
and historical department.
As added by P.L.31-1985, SEC.34. Amended by P.L.17-1996, SEC.5;
P.L.28-1997, SEC.1; P.L.123-2006, SEC.20; P.L.53-2014, SEC.63.
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