(a) Except as provided in this section and section 10 of this chapter, a rule adopted under IC 4-22-2-23 through IC 4-22-2-36 expires January 1 of the fifth year after the year in which the rule takes effect, unless the rule expires or is repealed on an earlier date. Except for an amendment made under IC 4-22-2-38 , the expiration date of a rule under this section is extended each time that a rule:
- (1) amending under IC 4-22-2-23 through IC 4-22-2-36 ;
- (2) continuing under IC 4-22-2.3-10 ; or
(3) readopting;
an unexpired rule takes effect. The rule, as amended or readopted, expires on January 1 of the fifth year after the year in which the amendment or readoption takes effect.
(b) If the latest version of a rule became effective:
- (1) in calendar year 2017, the rule expires not later than January 1, 2024;
- (2) in calendar year 2018, the rule expires not later than January 1, 2025;
- (3) in calendar year 2019, the rule expires not later than January 1, 2026; or
- (4) in calendar year 2020, the rule expires not later than January 1, 2027.
(c) If the latest version of a rule became effective before January 1, 2017, and:
- (1) the rule was adopted by an agency established under IC 13 , the rule expires not later than January 1, 2025;
- (2) the rule was adopted by an agency established under IC 16 , the rule expires not later than January 1, 2026; or
- (3) the rule was adopted by an agency not described in subdivision (1) or (2), the rule expires not later than January 1, 2027.
- (d) A readoption rulemaking action under IC 4-22-2.5 (before its repeal) or IC 13-14-9.5 (before its repeal) that became effective before July 1, 2023, is validated to the same extent as if the rulemaking action had been conducted under the procedures in this chapter.
- (e) The determination of whether an administrative rule expires under this chapter shall be applied at the level of an Indiana Administrative Code section.
As added by P.L.249-2023, SEC.45. Amended by P.L.93-2024, SEC.22.