1. (a) This section does not apply to the adoption of rules required to receive or maintain:

   1. (1) delegation;
   2. (2) primacy; or

   3. (3) approval;

      for state implementation or operation of a program established under federal law.

2. (b) If an agency will have statutory authority to adopt a rule at the time that the rule becomes effective, the agency may conduct any part of its rulemaking action before the statute authorizing the rule becomes effective. However, an agency shall:

   1. (1) begin a rulemaking process needed to implement the statutory change not later than sixty (60) days after the effective date of the statute that authorizes the rule; or
   2. (2) if an agency cannot comply with subdivision (1), provide electronic notice to the publisher stating the reasons for the agency's noncompliance.

3. (c) For purposes of this section, a rulemaking process is commenced when:

   1. (1) the agency publishes a proposed rule under section 23 or 37.2 of this chapter; or

   2. (2) in the case of a change in a statute described in section 38 of this chapter, the agency files with the publisher a rule document under section 38 of this chapter.

      Except as otherwise provided in IC 4-22-2.3 , if an interim rulemaking procedure is commenced under section 37.2 of this chapter, the agency shall commence a permanent rulemaking process under section 23 of this chapter before the adopted interim rule expires.

As added by P.L.31-1985, SEC.8. Amended by P.L.44-1995, SEC.2; P.L.215-2005, SEC.1; P.L.123-2006, SEC.2; P.L.53-2014, SEC.56; P.L.249-2023, SEC.13.