Indiana Code
Ind. Code § 4-22-2-36 (2025)
Effective date of rules
✓ 2025 Indiana Code: the 2026 session is not included
Sec. 36. A rule that has been accepted for filing under section 35 of this chapter takes effect on the latest of the following dates:
(1) The effective date of the statute delegating authority to the agency to adopt the rule.
(2) The date that is thirty (30) days from the date and time that the rule was accepted for filing under section 35 of this chapter.
(3) The effective date stated by the agency in the rule.
(4) The date of compliance with every requirement established by law as a prerequisite to the adoption or effectiveness of the rule.
As added by P.L.31-1985, SEC.25.
Notes of Decisions
Cited in 6
cases, 1986–2016 · leading case: Pantry, Inc. v. Stop-N-Go Foods, Inc., 777 F. Supp. 713 (S.D. Ind. 1991).
Pantry, Inc. v. Stop-N-Go Foods, Inc., 777 F. Supp. 713 (S.D. Ind. 1991). “Ind.Code § 4-22-2-36(2). Plaintiff argues that the IDEM has developed various “enforcement standards” to determine whether corrective action is required to remediate a “polluted condition” under § 13-1-3-8.”
Town of St. John v. State Bd. of Tax Commissioners, 729 N.E.2d 242 (Ind. T.C. 2000). “Further, the one year permitted by section 4-22-2-25 does not include the thirty day period provided by Ind.Code Ann. § 4-22-2-36(2) (West Supp.1991), which states that a rule accepted for filing by the Indiana Secretary of State "takes effect on .”
Crouch v. State, 638 N.E.2d 861 (Ind. Ct. App. 1994). “CODE § 4-22-2-36. Crouch was administered a breath test with the B.”
Disabato v. State, 840 N.E.2d 1 (Ind. Ct. App. 2005). “* Further, Indiana Code Section 4-22-2-36, regarding the effective date of rules, provides: *5 A rule that has been accepted for filing under section 35 of this chapter takes effect on the latest of the following dates: (1) The effective date of the statute delegating authority…”
Indiana & Michigan Elec. Co. v. Pub. Serv. Comm'n, 492 N.E.2d 323 (Ind. Ct. App. 1986). “Indiana Code 4-22-2-36 provides in part that "A rule that has been accepted for filing under section 35 [4-22-3-35] of this chapter takes effect .”
Bradley Smith v. State of Indiana (mem. dec.), No. 92A04-1512-CR-2178 (Ind. Ct. App. June 24, 2016). “See I.C. § 4-22-2-36(2). Court of Appeals of Indiana | Memorandum Decision 92A04-1512-CR-2178 | June 24, 2016 Page 12 of 21 STEP ONE: The person to be tested must: (A) have had nothing to eat or drink; (B) not have put any foreign substance into his or her mouth or respiratory…”
Ind. Code § 4-22-2-36(2): 3 cases
Town of St. John v. State Bd. of Tax Commissioners, 729 N.E.2d 242 (Ind. T.C. 2000). “Further, the one year permitted by section 4-22-2-25 does not include the thirty day period provided by Ind.Code Ann. § 4-22-2-36(2) (West Supp.1991), which states that a rule accepted for filing by the Indiana Secretary of State "takes effect on .”
Pantry, Inc. v. Stop-N-Go Foods, Inc., 777 F. Supp. 713 (S.D. Ind. 1991). “Ind.Code § 4-22-2-36(2). Plaintiff argues that the IDEM has developed various “enforcement standards” to determine whether corrective action is required to remediate a “polluted condition” under § 13-1-3-8.”
Bradley Smith v. State of Indiana (mem. dec.), No. 92A04-1512-CR-2178 (Ind. Ct. App. June 24, 2016). “See I.C. § 4-22-2-36(2). Court of Appeals of Indiana | Memorandum Decision 92A04-1512-CR-2178 | June 24, 2016 Page 12 of 21 STEP ONE: The person to be tested must: (A) have had nothing to eat or drink; (B) not have put any foreign substance into his or her mouth or respiratory…”
Ind. Code § 4-22-2-36(4): 1 case
Pantry, Inc. v. Stop-N-Go Foods, Inc., 777 F. Supp. 713 (S.D. Ind. 1991). “Ind.Code § 4-22-2-36(2). Plaintiff argues that the IDEM has developed various “enforcement standards” to determine whether corrective action is required to remediate a “polluted condition” under § 13-1-3-8.”
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