20120502-IR-832120198ARA Re: LSA Document Number 12-198

TITLE 832 STATE BOARD OF FUNERAL AND CEMETERY SERVICE

Administrative Rules Oversight Committee Notice 60 Day Requirement (IC 4-22-2-19) LSA Document #12-198

April 26, 2012

Honorable Representative Jeffrey Thompson, Chairperson

Administrative Rules Oversight Committee

c/o Legislative Services Agency

Attn: Sarah Burkman

200 West Washington Street, Suite 301

Indianapolis, Indiana 46204-2789

Re: LSA Document Number 12-198

Dear Representative Thompson:

On behalf of the State Board of Funeral and Cemetery Service (Board) and the Indiana Professional Licensing Agency, I am submitting this letter to the Administrative Rules Oversight Committee in compliance with IC 4-22-2-19, because the Board was unable to begin the rulemaking process of the captioned rule within sixty (60) days after the July 1, 2007, effective date of the statute that authorizes a portion of the proposed rule (P.L.65-2007).

The Board had been working on the cemetery maintenance rule draft with its previous advisory Deputy Attorney General; however, that individual left state employment, and a permanent replacement was not appointed for six months. The Board felt a need to review all of its rules to address many other concerns, as well as the cemetery maintenance rules. The Board meets only six (6) times per year, with the rules committee attempting to meet on the mornings of regular board meetings. This leaves little time to devote to rule promulgation. The urgency of the funeral industry causes Board members to miss meetings in order to serve families in their time of need. All of this contributed to the rules committee not being able to meet as often as it would have liked and left little time for the Board to conduct its research and to discuss and draft rule language. In an attempt to rectify this, the rules committee volunteered to hold meetings at times other than regular board meeting days to complete the proposed rules.

For these reasons, the sixty (60) day deadline to begin the rulemaking process was not met. The Notice of Intent to Adopt a Rule was published by the Indiana Register on April 25, 2012 (DIN: 20120425-IR-832120198NIA).

This notification of the delay in meeting the sixty (60) day deadline after the effective date of the statute that authorizes the rule is being submitted in a timely manner.

Sincerely,

Tracy Hicks

Board Director

Cc: Frances L. Kelly, Executive Director

Lisa Bentley, Deputy Director

Marty Allain, Chief Legal Counsel

Posted: 05/02/2012 by Legislative Services Agency

DIN: 20120502-IR-832120198ARA

Composed: Nov 01,2016 1:23:44AM EDT

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