Interim Rulemaking
Interim rules are noncode rules that may add a temporary rule, supersede a rule, supplement a rule, or suspend a rule. A temporary rule will not have an IAC citation. Interim rules cannot repeal a rule but may suspend a rule. Under IC 4-22-2-37.2(b), every agency is granted authority to utilize the interim rulemaking process if (1) the agency has general rulemaking authority and (2) the Governor finds an interim rule is necessary to implement:
- A new state or federal law or program, federal regulation, rule of another state agency, federal loan or grant, or code adopted by a nationally recognized organization;
- A change in a state or federal law or program, federal regulation, rule of another state agency, federal loan or grant, or code adopted by a nationally recognized organization; or
- A category of rule authorized under IC 4-22-2.3.
Requests for approval should be submitted via SBARules@sba.IN.gov and include a copy of the interim rule and a statement justifying the use of interim rulemaking (including listing the specific category under IC 4-22-2-37.2 and supporting information).
The requesting agency should review Financial Management Circular 5.4 Review of Interim Rulemaking for guidance regarding the information required for review. OMB will notify the requesting agency once a final determination has been made. If approval is granted, the requesting agency may then proceed to file a notice of interim rulemaking with the Indiana Register under IC 4-22-2-37.2(d).
NOTE: To ensure proper routing of your request, please indicate in the subject line of your email that this is for INTERIM rulemaking.
Except as provided in IC 4-22-2.3, an interim rule and all amendments or other provisional or interim rules adopted on the same subject expire no later than 425 days after the initial interim rule is accepted for filing,
Interim Rulemaking Overview
Every agency is granted authority to utilize the interim rulemaking process if the agency has rulemaking authority and the standards in IC 4-22-2-37.2 are met. The process for adopting interim rules is the following:
1. Rule Development: Time permitting, the agency works with interested stakeholders to discuss issues and develop a draft proposed rule prior to commencing the formal rulemaking process.
2. Governor Review: The agency submits the interim rule, the regulatory analysis required under IC 4-22-2-22.7, and a statement justifying the rule to the Governor for review and approval. A determination from the Governor must include findings explaining the basis for the determination and is published in the Indiana Register.
3. [If Necessary] Budget Committee Review: If the interim rule adds or amends language to increase or expand application of a fee, fine, or civil penalty or the rule will have a combined implementation and compliance costs of at least one million dollars ($1,000,000) for businesses, local units, and individuals over any two (2) year period the agency must obtain Budget Committee review of the proposed rule before it can be approved by the Governor. SBA will assist an agency covered by this requirement to seek budget committee review. The template for new fees, fines, and civil penalties is provided here. The template for increased fees, fines, and civil penalties is provided here . The template for safe harbor fees, fines, and civil penalties is provided here.
4. Notice of Interim Rulemaking: The agency obtains authorization to proceed from the Indiana Register and publishes a notice of interim rulemaking. Required information includes:
- The full text of the proposed rule,
- The approval of the Governor,
- The Budget Committee agenda (if necessary),
- Copies of the incorporated materials, and
- A statement justifying any requirement or cost imposed on a regulated party that is not expressly required by state or federal law.
The LSA template for the notice is provided here. The LSA template for the Governor’s approval submission is provided here.
5. Comment Period: There is a required thirty (30) day public comment period after the Notice of Interim Rulemaking is published, and an agency must prepare written responses to any comments received.
6. Adoption of Interim Rule: The agency considers the public comments and may make changes based on those comments to form the interim rule. The LSA template for the interim final rule is provided here. The LSA template of the signature page for an interim rule is provided here.
7. Effective Rule: The agency submits the interim rule along with a summary of comments received and other required documents to the Indiana Register for publishing. An interim rule typically will become effective when it is accepted for filing by the Indiana Register unless a later date is set in law.
8. Invalidation of an Interim Rule: The Attorney General or Governor may choose to file an objection to the interim rule with the Indiana Register, but no later than 45 days after the rule is accepted for filing. Once filed, this objection invalidates the interim rule. The Attorney General is only authorized to object to an interim rule that was adopted without statutory authority or without complying with IC 4-22-2-37.2.