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Friday, August 26, 2005

Ind. Gov't. - What are the BMV's plans re its void ID rules?

On 8/12/o5 the Indiana Court of Appeals issued its decision in Villegas et al v. Joel Silverman (8/12/05), which concluded: "We hold that the new identification requirements are a rule, and because they were not promulgated in accordance with the ARPA, they are void and without effect."

Last evening I read a writeup of the ruling in the Aug. 24th issue of the Indianapolis Lawyer (not available online). It concluded:

Greg Cook, director of communications for the BMV, said he could not comment on whether the agency was in favor of appealing the opinion or on the legal issues at play.

He did say the identification requirement would remain in place pending the eventual conclusion of the case.

"The process we had in place last week," Cook said, "is still in place."

I thought of this as I was working on the entry below about the DNR deer hunting rule, and reread the Aug. 13th ILB entry on both rules, that concluded:
The BMV does not appear to have been given the legal authority under IC 4-22-2-37.1 to adopt an emergency rule. That means that to correct the deficiencies in its identification requirements that the Court of Appeals cited Friday, the BMV needs to begin a formal rulemaking right away, so that it can have a valid rule in place, possibly by the end of the year. Of course, the BMV might have started this rulemaking process any time within the past three years, particularly as the legality of its ID requirements were under question.

Posted by Marcia Oddi on August 26, 2005 08:34 AM
Posted to Ind. App.Ct. Decisions | Indiana Government