Presentation on theme: "RULE ADOPTION The Commissions Role. What is a rule? A "rule" is the whole or any part of a state agency statement of general applicability that: (1) has."— Presentation transcript:
RULE ADOPTION The Commissions Role
What is a rule? A "rule" is the whole or any part of a state agency statement of general applicability that: (1) has or is designated to have the effect of law; and (2) implements, interprets, or prescribes: (A) law or policy; or (B) the organization, procedure, or practice requirements of the state agency. (Ind. Code )
What is a nonrule policy document? An agency statement in the conduct of its affairs that interpret, supplement, or implement a statute, and does not have the force and effect of law.
What is an emergency rule ? A rule that temporarily amends a permanent rule. The DNR Director adopts temporary or emergency rules. (I.C ). The Legislative Services Agency (LSA) also publishes these rules; however, because the lifetime of these temporary rules do not exceed one year, they are not codified by LSA.temporary rules
The Commission adopts permanent rules for the Department of Natural Resources. The Commission's permanent rules are codified through the Legislative Services Agency at 312 IAC.
TITLE 312 (Indiana Administrative Code) Article 1: Definitions Article 2: Procedures & Delegations Article 3. Adjudicatory Proceedings Article 4: Law Enforcement Article 5: Watercraft Operations on PFLs Article 6: Navigable Waters Article 6.2: Great Lakes Basin Water Management Article 6.5: ORVs & Snowmobiles Article 7: Trails and Scenic Rivers Article 8: Public Use of Natural & Recreational Areas
TITLE 312 (Indiana Administrative Code) Article 9: Fish & Wildlife Article 10: Flood Plain Management Article 10.5: Dam Regulation Article 11: Lake Construction Activities Article 12: Water Well Drilling & Ground Water Article 13:Water Well Drillers Article 14: Timber Buyers, Their Agents & Timber Growers Article 15: Timber Management Article 16: Oil & Gas Article 17: Other Petroleum Regulation Article 18: Entomology & Plant Pathology Article 19: Research, Collection, Quotas & Sale of Plants
TITLE 312 (Indiana Administrative Code) Article 20: Historic Preservation Review Board Article 21: Archaeology Review and Recovery Article 22: Human Remains, Burial Objects, & Artifacts Article 22.5: Cemeteries and Burial Grounds, Registration & Management Article 23: State Historic Rehabilitation Tax Credit Article 24: State Museums & Historic Sites Article 25: Coal Mining & Reclamation Operations Article 26: Grant Programs
Origin of rule proposals… Commission AOPA Committee Advisory Council Department of Natural Resources Citizens General Assembly Other agencies
Legislative Services Agency The Legislative Services Agency (LSA) is the official publisher of the Indiana Register (IR) and the Indiana Administrative Code (IAC) under the direction of the Legislative Council.
Role of the Division of Hearings... The Commissions Division of Hearings receives proposed rule concepts and prepares a preliminary draftin essence, serves as the editor and scrivener.
Time Limit for Rule Adoption The Commission has one year from the date that the Notice of Intent to Adopt a Rule is published in the Indiana Register. (Ind. Code ) The Notice of Intent starts the clock…tick tock…tick tock!
Action required by Commission… …act upon petition for rule change. …give preliminary adoption to proposed rule. (The DNR Director may also give preliminary adoption to a proposed rule. ) … meet and deliberate as to whether to give final adoption to the proposed rule. …approve or disapprove recodification of rules.
Preliminary adoption consideration… The Commission has tremendous latitude to amend a rule proposal prior to publication in the Indiana Register.
Final adoption consideration… The Commission may not adopt a rule that substantially differs from the version of the proposed rule published in the Indiana Register unless it is a logical outgrowth of any proposed rule as supported by any written comments submitted: (1) during the public comment period; or (2) by the IEDC under IC (a). (IC )
Effective Dates of Final Rules 30 days after filing with the Publisher. Later date of effectiveness as provided in the rule. 312 IAC 25, rules governing surface mining and reclamation, effective after publication of Office of Surface Minings approval.