1. (a) Except for a rule:

   1. (1) that has been preliminarily adopted by a board in a form that is:

      1. (A) identical to; or

      2. (B) not substantively different from;

         the proposed rule published in a second notice under section 4 of this chapter; or

   2. (2) for which the commissioner has made a determination and prepared written findings under section 7 or 8 of this chapter;

      a board may not adopt a rule under this chapter until the board has conducted a third public comment period that is at least twenty-one

   3. (21) days in length.

2. (b) The department shall publish notice of a third public comment period with the:

   1. (1) text;
   2. (2) summary; and

   3. (3) fiscal analysis;

      that are required to be published in the Indiana Register under section 5(a)(2) of this chapter.

3. (c) The notice of a third public comment period that must be published in the Indiana Register under subsection (b) must request the submission of comments, including suggestions of specific amendments, that concern only the portion of the preliminarily adopted rule that is substantively different from the language contained in the proposed rule published in a second notice under section 4 of this chapter.

As added by P.L.130-1997, SEC.3. Amended by P.L.240-2003, SEC.7.