For the purpose of executive branch lobbying, is a public Notice of Intent to promulgate a rule considered a “solicitation”?

Published 08/06/2007 03:12 PM   |    Updated 02/17/2009 05:32 PM

For the purpose of executive branch lobbying, is a public Notice of Intent to promulgate a rule considered a “solicitation”? 

Yes.  The filing of a Notice of Intent pursuant to Indiana Code § 4-22-2-23 (Solicitation of comments as to proposed rules) by an agency constitutes a formal solicitation of input from the public in general, and thus, the communications made to that agency which are directly related to the Notice of Intent would be deemed to have been "solicited" by the agency, and therefore, registration or reporting as an executive branch lobbyist would be excused pursuant to 25 IAC 6-1-1 (7)(G).   Keep in mind however, that only those communications that are made pursuant to the processes outlined in the Rulemaking Statute (IC § 4-22 et.seq.) are exempted from this section.  If comments or communications are made to an agency “outside” of the procedures outlined in the Rulemaking Statute, then registration may be required. 

 

For more information, visit the Executive Branch Lobbyist website at http://www.in.gov/idoa/2885.htm or contact the Executive Director of Executive Branch Lobbying for information on a case-by-case basis at (317) 234-4431.

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