1. (a) A board may amend a proposed rule at a board meeting held under section 5(a)(3) of this chapter and adopt the amended rule under section 9(2) of this chapter if the amendments are a logical outgrowth of:

   1. (1) the proposed rule as published under section 5(a)(2) of this chapter; and
   2. (2) any comments provided to the board at the meeting held under section 5(a)(3) of this chapter.

2. (b) In determining, for the purposes of this section, whether an amendment is a logical outgrowth of the proposed rule and any comments, the board shall consider:

   1. (1) whether the language of:

      1. (A) the proposed rule as published under section 5(a)(2) of this chapter; and

      2. (B) any comments provided to the board at the meeting held under section 5(a)(3) of this chapter;

         fairly apprised interested persons of the specific subjects and issues contained in the amendment; and

   2. (2) whether the interested parties were allowed an adequate opportunity to be heard by the board.

      [Pre-1996 Recodification Citation: 13-7-7.1-10.]

As added by P.L.1-1996, SEC.4.