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Legislative Update

Agency oversight and rulemaking procedures

January 14, 2022 Filed Under: Civil

The House Government and Regulatory Reform Committee heard HB 1100 authored by Rep. Bartels concerning agency oversight and rulemaking procedures.  The bill, after adopting an amendment by consent:

  • adds a new chapter regarding the expiration of executive orders and proclamations
    • addresses expiration of executive orders issued before July 1, 2022, and in effect on July 1, 2022
    • provides that the general assembly is required to approve any requested continuation of the executive order through adoption of a concurrent resolution after notice is published in Indiana Register
    • addressed expiration of executive orders issued after June 30, 2022
    • provides that if an executive order expires, a substantially similar executive order may not be issued within six months of the expiration date
  • amends provisions on judicial review of agency action:
    • disputed issues of fact are reviewed de novo
    • the court can receive additional evidence outside the agency record
    • places the burden to show the action was valid on the agency
    • the court’s decision may not defer to previous interpretations made by the agency
    • amends the basis for the court’s determination that a person was prejudiced by the agency’s action 
  • amends provisions on agency rulemaking
    • defines an emergency rule, outlines procedures for adopting an emergency rule and requires expedited review of the rule by the attorney general
    • sets forth new sections on rulemaking procedures after June 30, 2022
    • sets forth a new section on limitations for rules to be no more stringent than or have harsher penalties than those of comparable federal statutes or regulations

The bill passed as amended 8-2.

Read the bill at: http://iga.in.gov/legislative/2022/bills/house/1100

Filed Under: Civil Tagged With: judicial review

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