1. (a) A board may adopt a rule under IC 4-22-2 that changes a period described under section 1 of this chapter within which the commissioner must approve or deny an application:

   1. (1) if:

      1. (A) the general assembly enacts a statute;
      2. (B) a board adopts a rule; or

      3. (C) the federal government enacts a statute or adopts a regulation;

         that imposes a new requirement concerning a class of applications that makes it infeasible for the commissioner to approve or deny the application within the period;

   2. (2) if:

      1. (A) the general assembly enacts a statute;
      2. (B) a board adopts a rule; or

      3. (C) the federal government enacts a statute or adopts a regulation;

         that establishes a new permit program for which a period is not described under section 1 of this chapter; or

   3. (3) if some other significant factor concerning a class of applications makes it infeasible for the commissioner to approve or deny the application within the period.

2. (b) A board may adopt a rule described in subsection (a) as an emergency rule under IC 4-22-2-37.1 , if:

   1. (1) the variance procedures are included in the rule; and

   2. (2) permits or licenses granted during the period the emergency rule is in effect are reviewed after the emergency rule expires.

      If a board adopts an emergency rule under this subsection, the period described in section 1 of this chapter is suspended during the emergency rulemaking process. An emergency rule adopted under this subsection may be extended for two (2) extension periods by adopting another emergency rule under IC 4-22-2-37.1 . IC 4-22-2-37.1 (g)(3) does not apply to an emergency rule adopted under this subsection.

      [Pre-1996 Recodification Citation: 13-7-10.1-4(c).]

As added by P.L.1-1996, SEC.5. Amended by P.L.140-2013, SEC.14.