Legislative oversight of executive agency rulemaking in Indiana (2025)

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See also: 50-state research: Legislative oversight of executive agency rulemaking, Five pillars of the administrative state: Legislative control

Legislatures oversee executive agency rulemaking through a variety of mechanisms, including reviewing regulations, holding hearings, approving regulations prior to their adoption, or disapproving of or nullifying regulations, among other procedures. State laws and constitutions establish these legislative oversight requirements or authorizations. This page summarizes the legislative oversight of agency rulemaking mechanisms in Indiana law.

This page contains the following sections:

Legislative oversight of agency rulemaking in Indiana
This section details the legislative oversight mechanism in Indiana.
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How does Indiana compare to other states?
This section compares the legislative oversight policies in Indiana to those across the 50 states, specifically related to legislative oversight requirements, designated oversight entity, and scope of regulatory oversight.
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Legislative oversight of agency rulemaking in Indiana

Agencies must submit impact analyses for all proposed rules to the Legislative Council, which can review agency rules. Agencies cannot promulgate regulations with expected compliance costs over $500,000 across two years before they have been reviewed by the Budget Committee.^[1]

IN Code § 4-22-2-17.5

(a) The legislative services agency shall provide electronic summaries or electronic copies of documents submitted to the publisher under this article or IC 13-14-9 to legislators and legislative committees in the manner and on the schedule specified by the legislative council or the personnel subcommittee of the legislative council acting for the legislative council. (b) If requested in the manner specified by the legislative council or the personnel subcommittee of the legislative council acting for the legislative council, an agency shall provide to the legislative services agency any data, studies, or analyses relied on by the agency to develop a regulatory analysis or a revised regulatory analysis. The agency shall comply with any policies adopted by the legislative council or the personnel subcommittee of the legislative council governing the format, timing, and manner of delivery of the data, studies, or analyses.^[2]

IN Code § 4-22-2-22.7

(a) Before complying with section 22.8, 37.1, or 37.2 of this chapter, an agency shall conduct a regulatory analysis for the proposed rule that complies with the requirements of this section.

(b) The office of management and budget shall set standards for the criteria, analytical method, treatment technology, economic, fiscal, and other background data to be used by an agency in the regulatory analysis. The regulatory analysis must be submitted in a form that can be easily loaded into commonly used business analysis software and published in the Indiana Register using the format jointly developed by the publisher, the office of management and budget, and the budget agency. The office of management and budget may provide more stringent requirements for rules with fiscal impacts and costs above a threshold amount determined by the office of management and budget.

(c) At a minimum, the regulatory analysis must include findings and any supporting data, studies, or analyses prepared for a rule that demonstrate compliance with the following:

(1) The cost benefit requirements in IC 4-3-22-13.

(2) Each of the standards in section 19.5 of this chapter.

(3) If applicable, the requirements for fees, fines, and civil penalties in section 19.6 of this chapter.

(4) The annual economic impact on small businesses statement required under IC 4-22-2.1-5.

(5) If applicable, the information required under IC 13-14-9-4.

(6) A determination whether the combined implementation and compliance costs of a proposed rule are at least five hundred thousand dollars ($500,000) for businesses, units, and individuals over any two (2) year period.

(7) Any requirement under any other law to conduct an analysis of the cost, benefits, economic impact, or fiscal impact of a rule, if applicable.

(d) The regulatory analysis must include a statement justifying any requirement or cost that is:

(1) imposed on a regulated entity under the rule; and

(2) not expressly required by:

(A) the statute authorizing the agency to adopt the rule; or

(B) any other state or federal law.

The statement required under this subsection must include a reference to any data, studies, or analyses relied upon by the agency in determining that the imposition of the requirement or cost is necessary.

(e) Except as provided in subsection (f), if the implementation and compliance costs of a proposed rule are expected to exceed the threshold set forth in subsection (c)(6), the publisher may not publish the proposed rule until the budget committee has reviewed the rule.

(f) Subsection (e) does not apply to a proposed rule if the proposed rule is:

1) a provisional rule that was issued as the result of the governor declaring an emergency under IC 10-14-3 and is only valid during the emergency;

(2) a provisional or interim rule that complies only with the requirements of a:

(A) federal law;

(B) federal regulation; or

(C) federal grant or loan program; or

(3) an interim rule that incorporates a new or updated:

(A) building;

(B) equipment;

(C) firefighting;

(D) safety; or

(E) professional code.

(g) If an agency has made a good faith effort to comply with this section, a rule is not invalid solely because the regulatory analysis for the proposed rule is insufficient or inaccurate.^[3]

How does Indiana compare to other states?

Is legislative oversight optional, required, or both?

Because many states have more than one mechanism of legislative oversight of agency regulations, some states have both optional and required legislative oversight mechanisms.

Thirty-four (34) states require legislative review of all or some agency regulations. Seven states include both optional and required legislative oversight mechanisms, and 27 states only have required legislative oversight mechanisms.
Ten (10) states authorize, but do not require, legislative oversight of agency regulations.
The law does not include provisions regarding legislative review of agency actions in six states.

Who reviews the regulations?

Generally, either the full legislature, legislative committees, legislative agencies, divisions, or offices, or any combination of these bodies, is authorized or required to review agency regulations. Thirty-three (33) states authorize or require more than one legislative entity to review agency regulations; therefore, the breakdown below exceeds 50.

Thirty-one (31) states authorize or require full legislative review of agency regulations.
Forty-one (41) states authorize or require legislative committees to review agency regulations.
Thirteen (13) states authorize or require legislative agencies, divisions, or offices to review agency regulations.

What is reviewed?

In states that don't require the legislature to review rules, review is optional, while other states do not have laws relating to legislative oversight of agency rules.

Thirty-two (32) states require legislative review of all rules. Some states require different levels of review for rules that meet different criteria.
Six states require legislative review of some rules. Some states require legislatures to review rules that meet certain criteria, which are policies similar to REINS-style state laws. Other states require legislative review of rules that received a public complaint.
Six states do not require, but explicitly authorize, legislative review of rules.
Six states do not have laws regarding legislative review of agency rules.

Some states require legislatures to review rules that meet certain criteria, which are policies similar to REINS-style state laws.

Footnotes

↑ Indiana passed this state-level REINS law in 2024 and amended it in 2026, requiring legislative approval of regulatory actions above a cost threshold. For more information on this law, see Ballotpedia's Indiana REINS-style state law page.
↑ Justia, "IN Code § 4-22-2-17.5," accessed January 14, 2026
↑ Justia, "IN Code § 4-22-2-22.7," accessed January 14, 2026

[1] Indiana passed this state-level REINS law in 2024 and amended it in 2026, requiring legislative approval of regulatory actions above a cost threshold. For more information on this law, see Ballotpedia's Indiana REINS-style state law page.

[2] Justia, "IN Code § 4-22-2-17.5," accessed January 14, 2026

[3] Justia, "IN Code § 4-22-2-22.7," accessed January 14, 2026

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Legislative oversight of executive agency rulemaking in Indiana (2025)

Contents

Legislative oversight of agency rulemaking in Indiana

How does Indiana compare to other states?

Is legislative oversight optional, required, or both?

Who reviews the regulations?

What is reviewed?

See also

Footnotes

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