2014 Indiana Code TITLE 4. STATE OFFICES AND ADMINISTRATION ARTICLE 22. ADMINISTRATIVE RULES AND PROCEDURES CHAPTER 9. EVIDENCE; JUDICIAL NOTICE OF RULES
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IC 4-22-9
Chapter 9. Evidence; Judicial Notice of Rules
IC 4-22-9-1
Application of chapter
Sec. 1. This chapter applies to all rules that have been accepted
for filing:
(1) by the secretary of state before July 1, 2006; or
(2) by the publisher after June 30, 2006;
under IC 4-22-2.
As added by P.L.31-1985, SEC.36. Amended by P.L.123-2006,
SEC.23.
IC 4-22-9-2
Definitions applicable
Sec. 2. The definitions in IC 4-22-2-3 apply throughout this
chapter.
As added by P.L.31-1985, SEC.36.
IC 4-22-9-3
Judicial notice of rules
Sec. 3. (a) Any rule that has been adopted in conformity with
IC 4-22-2 (including a matter incorporated by reference into a rule)
shall be judicially noticed by all courts and agencies of this state.
(b) Subject to subsection (c), the official publication of a rule in
the Indiana Register or the Indiana Administrative Code, including
the official publication of rules published only in electronic format
after July 1, 2006, shall be considered prima facie evidence that the
rule was adopted in conformity with IC 4-22-2 and that the text
published is the text adopted.
(c) The 1979 edition of the Indiana Administrative Code shall be
conclusively presumed to contain the accurate, correct, and complete
text of all rules in effect on December 31, 1978. All rules filed with
the secretary of state before December 31, 1978, and not compiled
in the 1979 edition of the Indiana Administrative Code are void.
As added by P.L.31-1985, SEC.36. Amended by P.L.123-2006,
SEC.24.
IC 4-22-9-4
Matters not part of official text
Sec. 4. The following, as they appear in an adopted version of a
rule filed with the secretary of state before July 1, 2006, or filed with
the publisher after June 30, 2006, in the Indiana Register, or in the
Indiana Administrative Code, are not part of the official text of any
rule, are not intended to affect the meaning, application, or
construction of any rule, and may be altered at any time by the
publisher of the Indiana Register or Indiana Administrative Code:
(1) Digests.
(2) Title, article, rule, and section headings.
(3) Title, article, and rule analyses (listings of article, rule, and
section headings).
(4) Statutory authority citation lines.
(5) Statutes affected citation lines.
(6) Bracketed internal references.
(7) History lines or history blocks.
(8) Revisor's notes.
As added by P.L.31-1985, SEC.36. Amended by P.L.123-2006,
SEC.25.
IC 4-22-9-5
References to Indiana Administrative Code; incorporation by
reference
Sec. 5. (a) A reference in a rule to the Indiana Administrative
Code (IAC) in the form of an IAC citation, if unaccompanied by a
reference to a specific edition or supplement to the Indiana
Administrative Code, shall be construed to include any amendment
to the cited provision occurring after the date that the reference is
written.
(b) If a matter that is incorporated by reference into a rule is
amended after the effective date of the rule, the rule includes the
amendment to the incorporated matter only if the incorporated matter
is:
(1) an Indiana statute codified with an Indiana Code (IC)
citation number; or
(2) an Indiana rule codified with an Indiana Administrative
Code (IAC) number.
As added by P.L.31-1985, SEC.36.
IC 4-22-9-6
Citation of rules
Sec. 6. Any rule may be cited or pleaded by citation reference to
the Indiana Administrative Code or the Indiana Register, without
copying the cited provision in full. A reference to the Indiana
Administrative Code (IAC) in the form of an IAC citation shall be
construed to include all amendments as of the date the reference is
written, unless accompanied by a reference to a specific edition or
supplement of the Indiana Administrative Code.
As added by P.L.31-1985, SEC.36.
IC 4-22-9-7
Determination and construction of rules
Sec. 7. The determination and construction of rules in all civil
actions shall be made by the court as a matter of law and not by the
jury.
As added by P.L.31-1985, SEC.36.
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