Section 50IAC4.2-1-4. Amendments to rules

   This article may be amended in whole or in part at the discretion of the department. The procedure for the amendment is specified in IC 4-22-2 and IC 6-1.1-32-8 [IC 6-1.1-32 was repealed by P.L.41-1993, SECTION 53, effective July 1, 1993.], which provide as follows:

(1) A notice shall be published in a newspaper of general circulation printed and published in Marion County, Indiana, in the Indiana Register at least twenty-one (21) days prior to the date set for a hearing which states the time and place of said hearing and will indicate the subject matter of the rules or amendments. In addition to the notice as prescribed above, copies of such proposals shall be forwarded to the members of the advisory council, all duly elected members of the Indiana General Assembly, and to all county and township assessors not serving as members on the advisory council, together with any supporting data or statistical matter, at least twenty-one (21) calendar days prior to the public hearing required by law to be held on the same. Members of the advisory council shall, before or at the public hearing, make their views known in writing to the department, with respect to such proposals. All commentary, opinions, judgments, and similar statements made by members of the advisory council shall be public records and shall be maintained as such by the department.

(2) Five (5) copies of the proposed amendment shall be on file in the office of the department in Indianapolis and two (2) copies shall be delivered to the legislative council, after the notice pursuant to subdivision (1) is given, for any interested party to review.

(3) A hearing will be held on the date indicated in the notice to provide any interested party or attorney for any interested party an opportunity to present facts, arguments, views, or written data relevant to the proposed amendments.

(4) Six (6) copies of the rule or rules or amendment or amendments will be submitted to the attorney general for approval as to legality and, when so approved, to the governor for approval.

(5) The original and one (1) copy of the approved amendments must be filed with the secretary of state and one (1) duplicate approved copy must be filed with the legislative council. The rule or amendment shall be effective thirty (30) days from the date and time filed with the secretary of state.

(Department of Local Government Finance; 50 IAC 4.2-1-4; filed Dec 7, 1988, 9:35 a.m.: 12 IR 820, eff Mar 1, 1989; reinstated by IC 6-1.1-3-22, eff Jul 1, 2003; filed Feb 26, 2010, 2:43 p.m.: 20100324-IR-050090576FRA)