Rulemaking in Indiana

According to Wikipedia, the term "rulemaking" is defined as "the process that executive and independent agencies use to create, or promulgate, regulations. In general, legislatures first set broad policy mandates by passing statutes, then agencies create more detailed regulations through rulemaking." In Indiana, administrative rules have the 'rule of law.' In Indiana statute, the Indiana Horse Racing Commission (IHRC) has the unlimited ability to use 'emergency' rulemaking versus most other agencies being required to use the general rulemaking procedures.

Emergency rulemaking is a final rulemaking act meaning that a majority vote of the five commissioners and the filing of those administrative rules with the Legislative Services Agency is all that is necessary for the IHRC to create 'law.' With the emergency rulemaking process, there is no legislative oversight, no review by the Indiana Attorney General, and no review by the Governor's office. In the 20 year history of the IHRC, only one administrative rule has ever gone through the regular rulemaking process.

For a one-page diagram of the differences between the two rulemaking procedures, click on this link from the Indiana Law Blog: http://indianalawblog.com/documents/RMoverview.pdf