1. (a) The board shall be given the opportunity to review a proposed rule concerning home and community based services for:

   1. (1) elderly individuals; or

   2. (2) individuals with disabilities;

      at least three (3) months before a proposed rule may be published in the Indiana Register.

2. (b) If the proposing agency fails to give the board the opportunity to review a proposed rule described in subsection (a), the rule:

   1. (1) is void; and
   2. (2) must be withdrawn by the proposing agency.

3. (c) The board may determine that the proposed rule reviewed by the board under this section should be subject to a public comment period. If the board makes a determination that a public comment period is necessary, the board shall set the:

   1. (1) date and time;
   2. (2) location; and

   3. (3) format;

      of the public comment period for the proposed rule.

4. (d) After a public hearing, if the board determines that a proposed rule is substantially out of compliance with state law governing home and community based services, the board shall request that the agency proposing the rule modify or withdraw the proposed rule. If a proposed rule is modified under this subsection, the modified rule must be reviewed by the board.

As added by P.L.137-2005, SEC.3.