summary
Introduced
01/04/2022
01/04/2022
In Committee
02/02/2022
02/02/2022
Crossed Over
01/28/2022
01/28/2022
Passed
Dead
03/09/2022
03/09/2022
Introduced Session
2022 Regular Session
Bill Summary
Agency oversight and rulemaking procedures. Requires a court to try disputed issues of fact de novo in a judicial review of an agency action. Provides that the burden of proving the validity of an agency action is on the agency. Requires the court in a judicial review of an agency action to review all issues of law and fact de novo and without deference to any previous interpretation made by the agency. Requires an agency to repeal a rule before the agency may adopt a new rule that requires or prohibits an action on behalf of a person. Prohibits an executive order issued by the governor from being effective for more than 180 days unless the legislative council approves the extended enforcement of the executive order. Requires an agency to submit an emergency rule to the attorney general for review and approval before the emergency rule may take effect. Provides that emergency rules may not be effective for a period that exceeds 180 days. Provides that certain emergency rules expire not more than two years after the rule takes effect. Requires an agency adopting an administrative rule to submit an economic impact statement and an explanation of any penalty, fine, or other similar negative impact included in the proposed rule to the publisher of the Indiana administrative code (publisher). Requires the publisher to provide a copy of the materials concerning a proposed rule or pending readoption to the members of the appropriate standing committee. Provides that administrative rules expire on July 1 of the fourth year after the year in which the rule takes effect (instead of January 1 of the seventh year after the year in which the rule takes effect). Requires an agency intending to readopt an administrative rule to provide to the publisher, not later than January 1 of the third year after the year in which the rule most recently took effect: (1) notice of; and (2) information concerning; the pending readoption. Makes corresponding changes.
AI Summary
This bill makes several changes to agency oversight and rulemaking procedures in Indiana:
It requires courts to review disputed issues of fact de novo (anew) when reviewing agency actions, and places the burden of proving the validity of an agency action on the agency. It also requires agencies to repeal an existing rule before adopting a new rule that imposes or prohibits an action, unless the new rule is required by federal or state law. The bill limits the duration of executive orders issued by the governor to 180 days unless approved by the legislature. It requires emergency rules to be reviewed and approved by the attorney general before taking effect, and limits the duration of emergency rules to 180 days with the possibility of two 90-day extensions. The bill also requires agencies to provide economic impact statements and explanations of any penalties or fines when proposing new rules, and mandates that rules expire on July 1 of the fourth year after taking effect rather than January 1 of the seventh year. Finally, the bill establishes new notification and review procedures for agencies intending to readopt existing rules.
Committee Categories
Budget and Finance, Business and Industry, Government Affairs
Sponsors (8)
Steve Bartels (R)*,
Blake Doriot (R)*,
Jon Ford (R)*,
Chris Garten (R)*,
Mark Messmer (R)*,
Chris Jeter (R),
Doug Miller (R),
Jim Pressel (R),
Last Action
Senate Commerce and Technology Hearing (00:00 2/24/2022 Room 130) (on 02/24/2022)
Official Document
bill text
bill summary
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bill summary
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bill summary
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