1. (a) An agency has one (1) year from the date that it publishes a notice in the Indiana Register of the first public comment period under section 23 of this chapter to comply with sections 23 through 33 of this chapter and obtain the approval or deemed approval of the governor. If an agency determines that a rule cannot be adopted within one (1) year after the publication of the notice of the first public comment period under section 23 of this chapter, the agency shall, before the two hundred fiftieth day following the publication of the notice of the first public comment period under section 23 of this chapter, notify the publisher by electronic means:

   1. (1) the reasons why the rule was not adopted and the expected date the rule will be completed; and
   2. (2) the expected date the rule will be approved or deemed approved by the governor or withdrawn under section 41 of this chapter.

2. (b) If a rule is not approved before the later of:

   1. (1) one (1) year after the agency publishes notice of the first public comment period under section 23 of this chapter; or

   2. (2) the expected date contained in a notice concerning the rule that is provided to the publisher under subsection (a);

      a later approval or deemed approval is ineffective, and the rule may become effective only through another rulemaking action initiated under this chapter.

As added by P.L.31-1985, SEC.14. Amended by P.L.44-1995, SEC.5; P.L.123-2006, SEC.6; P.L.53-2014, SEC.58; P.L.5-2015, SEC.6; P.L.249-2023, SEC.23.