in-20260617-IR-832260122ARA: IC 4-22-2-19 and IC 4-22-2-25 Notices — 832 IAC (LSA #260122)

TITLE 832 STATE BOARD OF FUNERAL AND CEMETERY SERVICE 60 Day Requirement (IC 4-22-2-19) LSA Document #26-122 On behalf of the State Board of Funeral and Cemetery Service (board) and the Indiana Professional Licensing Agency (PLA), I am submitting this notice in compliance with IC 4-22-2-19, which requires an agency to begin the formal rulemaking process not later than 60 days after the effective date of the statute that authorizes the rule. Prior to the passing of House Enrolled Act 1623 (HEA 1623) in 2023, PLA and its various professional boards historically charged a $50 late license renewal fee. HEA 1623, effective July 1, 2023, requires that fees be added to the Indiana Administrative Code. The proposed rule is intended to align the board's practice of assessing fees, fines, and penalties with HEA 1623 and IC 4-22-2-19.6 by codifying the $50 late renewal fee previously charged within 832 IAC 2-1-2, where other board fees are codified. PLA was unable to begin this formal rulemaking process for LSA #26-122 within 60 days of the effective date of the authorizing statute. PLA did complete a full formal rulemaking under Title 810 that incorporated within it all of PLA's boards and professions into one rule, authorizing PLA to collect a $50 late fee. However, at the final rulemaking stage, the rule was recalled by the Indiana Attorney General's office, stating that PLA did not have rulemaking authority. Prior to the recall, the assessment of a $50 late fee for every board and profession was approved by the Budget Committee in April 2024, and PLA was later instructed to perform separate rulemakings for each board or profession as applicable. PLA is now in various stages of rulemaking with 34 late fee rules. After the initial rulemaking was recalled, PLA and the board initiated this rulemaking, LSA document #26-122, but encountered high work volumes and staff changes throughout the agency, including the legal division, causing delays in advancing several rulemakings. The board and PLA, with this submission, respectfully request written authorization to place the $50 late fee in the board's fee rule. The purpose of the rule is to reinstate the ability to collect late license renewal fees charged to licensees by the board. Licensees under the board are required to renew their licenses every 2 years. PLA published its Notice of First Public Comment Period in the Indiana Register on May 20, 2026 (DIN: 20260520-IR-832260122FNA). Tracy Hicks, Board Director State Board of Funeral and Cemetery Service Indiana Professional Licensing Agency