Office of Administrative Law Proceedings Docket 250378 Notice

in-20251029-IR-041250378ARA: IC 4-22-2-19 and IC 4-22-2-25 Notices — 41 IAC (LSA #250378)

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Summary

On behalf of the Office of Administrative Law Proceedings (OALP), I am submitting this notice in compliance with IC 4-22-2-19, which requires an agency to begin the rulemaking process not later than 60 days after the effective date of the statute that authorizes the rule. OALP has general rulemaking authority by statute (IC 4-15-10.5-10 and IC 4-15-10.5-11). The proposed rule is in response to House Enrolled Act 1003 (HEA 1003), which gave OALP jurisdiction over administrative cases from the Indiana Department of Environmental Management (IDEM).  Section 37(k) of HEA 1003 (effective July 1, 2024) stated that, until OALP “adopts or amends rules related to environmental matters, the office must continue to follow and implement rules under 315 IAC.” The proposed rules are related to environmental matters and are intended to replace related rules in 315 IAC. Despite due diligence, OALP was not able to begin the rulemaking process within sixty days of the effective date of HEA 1003 (2024).  The rules are the result of collaborative efforts with stakeholders and the environmental bar who would be impacted by the rules. This process has taken more than six months.

The agency’s own summary, as published.

The rule, in full

252 words as published, October 29, 2025. View the original →

TITLE 41 OFFICE OF ADMINISTRATIVE LAW PROCEEDINGS 60 Day Requirement (IC 4-22-2-19) LSA Document #25-378 On behalf of the Office of Administrative Law Proceedings (OALP), I am submitting this notice in compliance with IC 4-22-2-19, which requires an agency to begin the rulemaking process not later than 60 days after the effective date of the statute that authorizes the rule. OALP has general rulemaking authority by statute (IC 4-15-10.5-10 and IC 4-15-10.5-11). The proposed rule is in response to House Enrolled Act 1003 (HEA 1003), which gave OALP jurisdiction over administrative cases from the Indiana Department of Environmental Management (IDEM).  Section 37(k) of HEA 1003 (effective July 1, 2024) stated that, until OALP “adopts or amends rules related to environmental matters, the office must continue to follow and implement rules under 315 IAC.” The proposed rules are related to environmental matters and are intended to replace related rules in 315 IAC. Despite due diligence, OALP was not able to begin the rulemaking process within sixty days of the effective date of HEA 1003 (2024).  The rules are the result of collaborative efforts with stakeholders and the environmental bar who would be impacted by the rules. This process has taken more than six months. OALP initiated the rulemaking process by publishing its Notice of First Public Comment Period in the Indiana register on August 13, 2025 (DIN: 20250813-IR-041250378FNA) and anticipates the rule to be approved within the one year deadline under IC 4-22-2-25(a). Andrew J. Hedinger Interim Director Office of Administrative Law Proceedings

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