The board may reject a proposed rule under section 9(4) of this chapter if one (1) of the following conditions exists:

1. (1) The following occurs or has occurred:

   1. (A) under section 8 of this chapter, sections 3 and 4 of this chapter did not apply to the proposed rule; and

   2. (B) either:

      1. (i) the board determines that necessary amendments to the proposed rule will affect persons that reasonably require an opportunity to comment under section 4 of this chapter, considering the criteria set forth in section 8(a)(2) of this chapter; or
      2. (ii) the board determines that due to the fundamental or inherent structure or content of the proposed rule, the only reasonably anticipated method of developing a rule acceptable to the board is to require the department to redraft the rule and to obtain the public comments under section 4 of this chapter.

2. (2) The following occurs or has occurred:

   1. (A) the proposed rule was subject to sections 3 and 4 of this chapter; and

   2. (B) either:

      1. (i) the board makes a determination set forth in subdivision (1)(B)(i) or (1)(B)(ii); or

      2. (ii) the board determines that, due to a procedural or other defect in the implementation of the requirements under sections 3 and 4 of this chapter, an interested or affected party will be unfairly and substantially prejudiced if the public comment period under section 4 of this chapter is not again afforded and that no reasonable alternative method to obtain public comments is available to the interested or affected party other than the public comment period under section 4 of this chapter.

         [Pre-1996 Recodification Citation: 13-7-7.1-12.]

As added by P.L.1-1996, SEC.4. Amended by P.L.204-2007, SEC.13.