Office of Administrative Law Proceedings Docket 250351 Notice

in-20251022-IR-041250351ARA: 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.

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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 under IC 4-15-10.5-10 and IC 4-15-10.5-11. The proposed rule is in response to House Enrolled Act 1380 (2024), which added IC 20-35-14 regarding the OALP newly acquired jurisdiction and assessment of fees to cover the costs of conducting hearings required by IDEA through a funding mechanism for the new fee as defined in the rule. OALP was unable to begin the rulemaking process within 60 days of the statute authorizing the rule because it took several months for OALP to create the rule in collaboration with the Indiana Department of Education. Once the rule was agreed upon and since it was a rule related to a new fee, OALP had to go through additional steps of approval through the Budget Committee Review process adding additional time.

The agency’s own summary, as published.

The rule, in full

240 words as published, October 22, 2025. View the original →

TITLE 41 OFFICE OF ADMINISTRATIVE LAW PROCEEDINGS 60 Day Requirement (IC 4-22-2-19) LSA Document #25-351 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 under IC 4-15-10.5-10 and IC 4-15-10.5-11. The proposed rule is in response to House Enrolled Act 1380 (2024), which added IC 20-35-14 regarding the OALP newly acquired jurisdiction and assessment of fees to cover the costs of conducting hearings required by IDEA through a funding mechanism for the new fee as defined in the rule. OALP was unable to begin the rulemaking process within 60 days of the statute authorizing the rule because it took several months for OALP to create the rule in collaboration with the Indiana Department of Education. Once the rule was agreed upon and since it was a rule related to a new fee, OALP had to go through additional steps of approval through the Budget Committee Review process adding additional time. OALP initiated the rulemaking process by publishing its Notice of First Public Comment Period in the Indiana Register on July 23, 2025 (DIN: 20250723-IR-041250351FNA) 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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