(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) if:(A) the general assembly enacts a statute;(B) a board adopts a rule; or(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) if:(A) the general assembly enacts a statute;(B) a board adopts a rule; or(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) 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.(b) If a board adopts a rule described in subsection (a) as a provisional rule under IC 4-22-2-37.1 or as an interim rule under IC 4-22-2-37.2, the board shall:(1) include the variance procedures in the rule; and(2) review the permits or licenses granted during the period the rule is IC 4-22-2-37.1 or as an interim rule under IC 4-22-2-37.2, the board shall:(1) include the variance procedures in the rule; and(2) review the permits or licenses granted during the period the rule is in effect after the rule expires.If a board adopts a provisional rule or an interim rule under this subsection, the period described in section 1 of this chapter is suspended during the rulemaking process.[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; P.L.93-2024, SEC.117.
Indiana Legal Code