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-IR- Database: Indiana Register

Indiana Register - April 1, 2002

Disclaimer: These documents were created from the files used to produce the official (printed) Indiana Register, however, these documents are unofficial.
April 1, 2002, Volume 25, Number 7, Front Cover (PDF)
Introduction (PDF)
State Agency List (PDF)
Final Rules (PDF)
  • Title 10 Office of Attorney General for the State -- #01-264 (PDF)

    Adds 10 IAC 4 concerning the regulation of athlete agents provided for in IC 25-5.2 (Senate Enrolled Act 171). Adds 10 IAC 4-3 establishing fees for an application for registration or renewal of registration of athlete agents. Adds 10 IAC 4-4 placing within the consumer protection division of the office of the attorney general the responsibility of the regulation of athlete agents, including the granting, denying, renewing, refusing to renew, suspending, revoking, and restricting of certificates of registration of athlete agents and investigation of athlete agents. Adds 10 IAC 4-5 establishing procedures for petitioning for administrative review under IC 4-21.5-3 and petition for the stay of effectiveness arising from the denial, suspension, revocation, restriction, or refusal to renew certificates of registration for athlete agents, and providing that the attorney general or his designee from outside the consumer protection division of the office of the attorney general may serve as administrative law judge in administrative proceedings under IC 4-21.5-3 arising from the denial, suspension, revocation, restriction, or refusal to renew certificates of registration for athlete agents.

  • Title 170 Indiana Utility Regulatory Commission -- #01-236 (PDF)

    Amends 170 IAC 7-1.1-19 concerning unauthorized switching of telecommunications providers; billing for telecommunications or other services added without customer's consent.

  • Title 355 State Chemist of the State of Indiana -- #01-294 (PDF)

    Amends 355 IAC 5 to standardize some of the terms used throughout the article. Adds a definition of a mobile container and an appurtenance. Repeals outdated effective dates for compliance by existing storage facilities, duplicative and contradictory provisions for drainage from secondary containment, inspection and record keeping requirements with a maintenance standard, and a duplicative requirement for a discharge response plan. Repeals 355 IAC 5-1-2, 355 IAC 5-1-10, 355 IAC 5-2-13, 355 IAC 5-3-2, 355 IAC 5-4-5, 355 IAC 5-4-6, 355 IAC 5-4-9, 355 IAC 5-5-2, 355 IAC 5-6, 355 IAC 5-7, and 355 IAC 5-8-2.

  • Title 440 Division of Mental Health and Addiction -- #01-263 (PDF)

    Amends 440 IAC 4.4 concerning the certification of addiction treatment services providers to add uniform criteria for addiction treatment services programs, to define intensive outpatient services, to require entities requesting temporary regular certification to meet specific criteria, and to make technical revisions regarding time frames.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #01-204 (PDF)

    Amends 460 IAC 3.5-2-1 to update the unit of service reimbursement rates for adult day services paid by the division of disability, aging, and rehabilitative services to approved providers. Adult day services are provided to eligible individuals with a developmental disability.

  • Title 511 Indiana State Board of Education -- #01-163 (PDF)

    Adds 511 IAC 6.2-6 to establish criteria and procedures for assessing school improvement, establishing categories or designations of school improvement, and placing schools in categories or designations of school improvement as required by IC 20-10.2-5.

  • Title 511 Indiana State Board of Education -- #01-212 (PDF)

    Amends 511 IAC 6.1 concerning provisions for a transition from the performance-based accreditation system to the system of accountability for school performance and improvement created by IC 20-10.2.

  • Title 828 State Board of Dentistry -- #01-241 (PDF)

    Amends 828 IAC 1-1-2, 828 IAC 1-1-3, 828 IAC 1-1-6, 828 IAC 1-1-8, 828 IAC 1-1-9, 828 IAC 1-1-10, and 828 IAC 1-1-12 concerning the examination for licensure to practice dentistry. Amends 828 IAC 1-1-18 concerning advertising; content. Amends 828 IAC 1-1-21 concerning remedial education. Amends 828 IAC 1-1-23 concerning illegal, unlawful, incompetent, or fraudulent conduct; reporting procedures. Amends 828 IAC 1-2-1, 828 IAC 1-2-2, 828 IAC 1-2-3, 828 IAC 1-2-6, 828 IAC 1-2-8, 828 IAC 1-2-9, 828 IAC 1-2-10, and 828 IAC 1-2-12 concerning the examination for licensure to practice dental hygiene. Amends 828 IAC 1-2-14 concerning remedial education. Amends 828 IAC 1-3-1, 828 IAC 1-3-4, and 828 IAC 1-3-5. Repeals 828 IAC 1-1-4, 828 IAC 1-1-11, 828 IAC 1-2-4, and 828 IAC 1-2-11.

  • Title 844 Medical Licensing Board of Indiana -- #01-183 (PDF)

    Adds 844 IAC 4-2-2 to establish fees for licensure as a medical doctor or osteopathic doctor. Repeals 844 IAC 4-2-1.

  • Title 844 Medical Licensing Board of Indiana -- #01-245 (PDF)

    Adds 844 IAC 6-2-2 concerning fees related to licensure as a physical therapist and certification as a physical therapist's assistant. Repeals 844 IAC 6-2-1.

  • Title 844 Medical Licensing Board of Indiana -- #01-246 (PDF)

    Adds 844 IAC 10-2-2 concerning fees related to licensure as an occupational therapist and certification as an occupational therapy assistant. Repeals 844 IAC 10-2-1.

  • Title 844 Medical Licensing Board of Indiana -- #01-247 (PDF)

    Adds 844 IAC 12-2-2 concerning fees related to certification as a hypnotist. Repeals 844 IAC 12-2-1.

  • Title 925 Meridian Street Preservation Commission -- #01-70 (PDF)

    Adds 925 IAC 2 to establish new rules governing the procedures of the Meridian Street Preservation Commission. Repeals 925 IAC 1 [IC 4-22-2.5, 925 IAC 1 expired January 1, 2002.].

Errata (PDF)
  • Title 312 Natural Resources Commission -- #01-102 (PDF)

  • Title 327 Water Pollution Control Board -- #00-111 (PDF)

  • Title 327 Water Pollution Control Board -- #00-266 (PDF)

  • Title 328 Underground Storage Tank Financial Assurance Board -- #00-135 (PDF)

  • Title 329 Solid Waste Management Board -- #01-207 (PDF)

  • Title 405 Office of the Secretary of Family and Social Services -- #01-22 (PDF)

Recall Notice (PDF)
  • Title 405 Office of the Secretary of Family and Social Services -- #01-175 (PDF)

  • Title 872 Indiana Board of Accountancy -- #01-310 (PDF)

Withdrawal Notice (PDF)
  • Title 470 Division of Family and Children -- #01-336 (PDF)

Emergency Rules (PDF)
  • Title 65 State Lottery Commission -- #02-36 (PDF)

    Temporarily adds rules concerning instant game number 570.

  • Title 65 State Lottery Commission -- #02-37 (PDF)

    Temporarily adds rules concerning instant game number 571.

  • Title 65 State Lottery Commission -- #02-38 (PDF)

    Temporarily adds rules concerning instant game number 574.

  • Title 65 State Lottery Commission -- #02-59 (PDF)

    Temporarily adds rules concerning instant game number 577.

  • Title 65 State Lottery Commission -- #02-60 (PDF)

    Temporarily adds rules concerning instant game number 578.

  • Title 65 State Lottery Commission -- #02-61 (PDF)

    Temporarily adds rules concerning instant game number 579.

  • Title 65 State Lottery Commission -- #02-62 (PDF)

    Temporarily adds rules concerning instant game number 580.

  • Title 65 State Lottery Commission -- #02-63 (PDF)

    Temporarily adds rules concerning instant game number 581.

  • Title 65 State Lottery Commission -- #02-64 (PDF)

    Temporarily adds rules concerning instant game number 582.

  • Title 65 State Lottery Commission -- #02-65 (PDF)

    Adds 65 IAC 4-448 concerning instant game number 583.

  • Title 65 State Lottery Commission -- #02-66 (PDF)

    Temporarily adds rules concerning instant game number 586.

  • Title 65 State Lottery Commission -- #02-70 (PDF)

    Temporarily adds rules concerning instant game number 575.

  • Title 65 State Lottery Commission -- #02-71 (PDF)

    Temporarily adds rules concerning instant game number 576.

Notice of Rule Adoption (PDF)
  • Title 405 Office of the Secretary of Family and Social Services -- #01-303 (PDF)

  • Title 405 Office of the Secretary of Family and Social Services -- #01-372 (PDF)

Notice of Intent to Adopt a Rule (PDF)
  • Title 50 Department of Local Government Finance -- #02-81 (PDF)

    Under the authority of IC 6-1.1-8.7-9, as enacted by P.L.198-2001, the Department of Local Government Finance intends to adopt rules to provide just valuations of industrials facilities. This rule will also establish the uniform procedures necessary to review and assess the real property of an industrial facility as defined by the chapter. The Department of Local Government Finance invites written submissions expressing your views on these matters. Questions or comments may be directed to Beth Henkel, General Counsel, Department of Local Government Finance, at 100 North Senate Avenue, Room 1058, Indianapolis, Indiana 46204 or bhenkel@tcb.state.in.us. Telephone number: 317-233-4361. Statutory authority: IC 6-1.1-8.7-9; IC 6-1.1-31-1.

  • Title 50 Department of Local Government Finance -- #02-82 (PDF)

    Adds 50 IAC 18, concerning standards for determining exemptions and whether tangible property used by an exempt organization in a trade or business is substantially related to the exercise or performance of the organization's exempt purpose. IC 6-1.1-10-36.5, effective January 1, 2002, states that the Department of Local Government Finance shall adopt rules under IC 4-22-2 to carry out that section. This rule will provide instructions to local assessing officials that will enable them to decide whether property is exempt from property tax. In addition, the rule will address requirements for the report of exempt property in taxing districts pursuant to SECTION 114 of P.L. 198-2001. SECTION 114 requires the Department to publish a report, before November 1, 2004, listing the assessed value of all exempt property in each taxing district in the state listed in the tax duplicate prepared under IC 6-1.1-22-3 for March 1, 2004. The rule will provide uniform methods for assessing officials to report data concerning exempt property in the tax duplicate in order that the required report will provide meaningful information. The Department of Local Government Finance invites written submissions expressing your views on these matters. Questions or comments may be directed to Beth H. Henkel, General Counsel, Department of Local Government Finance, at 100 North Senate Avenue, Room 1058, Indianapolis, Indiana 46204 or bhenkel@tcb.state.in.us. Telephone number: 317-233-4361. Statutory authority: IC 6-1.1-10-36.5; P.L. 198-2001, SECTION 114; IC 6-1.1-31-1.

  • Title 50 Department of Local Government Finance -- #02-83 (PDF)

    Amends 50 IAC 12, concerning standards for computer systems used in Indiana counties for the administration of the property tax assessment process. IC 6-1.1-31.5-2 provides for the Department of Local Government Finance to adopt rules to prescribe computer specification standards and for the certification of computer operating systems; computer software, software providers, computer service providers, and computer equipment providers. The Department's amended rule will provide for prompt updating of assessment data and standards for the administration of information contained in the sales disclosure forms. The amended rule will also provide requirements for compiling and reporting information necessary to carry out the administration of the property tax assessment laws. The Department of Local Government Finance invites written submissions expressing your views on these matters. Questions or comments may be directed to Beth H. Henkel, General Counsel, Department of Local Government Finance, at 100 North Senate Avenue, Room 1058, Indianapolis, Indiana 46204 or bhenkel@tcb.state.in.us. Telephone number: 317-233-4361. Statutory authority: IC 6-1.1-31.5-2; IC 6-1.1-31-1.

  • Title 312 Natural Resources Commission -- #02-68 (PDF)

    Amends the provisions within 312 IAC 9-10-6 that govern scientific collector licenses by adding scientific collector qualifications and requiring additional information on reports of collection. Amends 312 IAC 9-2-13 to allow scientific collectors to administer drugs and vaccines to animals held under a scientific collector's license. Questions concerning the proposed rule amendments may be directed to the following telephone number: (317) 232-156 or e-mail: jkane@dnr.state.in.us/. Statutory authority: IC 14-10-2-4; IC 14-22.

  • Title 312 Natural Resources Commission -- #02-69 (PDF)

    Would amend 312 IAC 2-4 that governs the regulation of watercraft engaged in organized activities and tournaments on designated public waters. The amendments would establish fishing tournament licensing requirements on Lake Wawasee and Syracuse Lake in Kosciusko County. The amendments would be expected to apply to a DNR tournament drawing held in the fall of 2002 with implementation beginning for tournaments that take place in 2003. Effective 30 days after filing with the secretary of state. Questions concerning the proposed rule amendments may be directed to Maj. Samuel Purvis, State Boating Law Administrator, at the following telephone number: (317) 232-4010 or e-mail address: spurvis@dnr.state.in.us/. Statutory authority: IC 14-15-7-3; IC 14-10-2-4.

  • Title 312 Natural Resources Commission -- #02-73 (PDF)

    Amends 312 IAC 16 that governs the drilling, production, and reclamation of wells for oil and gas purposes to address several subjects. Modifications would be made to definitions, bonding, enforcement, standards for determining operator compliance history, evidencing patterns of violations, identifying responsible officers, permitting, and other matters concerning fee exemption, calculation, and collection. Included would be amendments to help implement statutory authorities embodied in House Enrolled Act 1227 of the 112th Indiana General Assembly. Questions or comments concerning the proposed amendments may be directed to the following telephone number: (317) 233-3322 or e-mail: slucas@dnr.state.in.us/. Statutory authority: IC 14-37-3.

  • Title 405 Office of the Secretary of Family and Social Services -- #02-87 (PDF)

    Amends 405 IAC 2-8 to specify that the definition of "estate" for Medicaid estate recovery purposes includes certain assets that are not within the decedent's probate estate. Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-9-.5.

  • Title 407 Office of the Children's Health Insurance Program -- #02-85 (PDF)

    Amends 407 IAC 2-2-5 to remove 12 months of consecutive eligibility in order to conform with state law. Amends 407 IAC 2-3 to revise premium payment schedule to remove annual and quarterly payment options. Statutory authority: IC 12-17.6-2-11.

  • Title 410 Indiana State Department of Health -- #02-89 (PDF)

    Update definitions and amend 410 IAC 16.2-5 to update health and sanitation standards, qualifications of applicants for licensure, requirements for operation, maintenance, and management, and other requirements for the operation of residential care facilities. Written comments may be submitted to the Indiana State Department of Health, Attention: Office of Legal Affairs, 2 North Meridian Street, Indianapolis, Indiana 46204. Statutory authority: IC 16-28-1-7; IC 16-28-1-12.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #02-76 (PDF)

    Adds 460 IAC 1-3.3 to provide new procedures and criteria for reimbursement of providers of the residential care assistance program in Indiana. This rule will replace the prior reimbursement rule found at 460 IAC 1-3. It will become effective 30 days after filing with the secretary of state. Statutory authority: IC 12-8-8-4; IC 12-9-2-3; IC 12-10-6-3.

  • Title 470 Division of Family and Children -- #02-74 (PDF)

    Amends 470 IAC 3.1-12-2 to include fees received pursuant to the cost participation legislation (IC 12-17-15-17) as a funding source for assistance to children eligible for early intervention services. Adds 470 IAC 3.1-12-7 to adopt cost participation procedures. This rule originally established a comprehensive system of early intervention services for eligible infants and toddlers with disabilities and their families. Statutory authority: IC 12-8-8-4; IC 12-13-2-3; IC 12-13-5-3; IC 12-17-15-17.

  • Title 511 Indiana State Board of Education -- #02-67 (PDF)

    Amends 511 IAC 5-1 to conform to passing standards set by the General Educational Development Testing Service of the American Council on Education for the 2002 Series GED tests. Statutory authority: IC 20-10.1-12.1-3.

  • Title 515 Professional Standards Board -- #02-75 (PDF)

    Amends 515 IAC 1-4-2 to specify licensing test scores for new or revised licensing tests and for school administrators. Public comments are invited and may be directed to Marie Theobald, Executive Director, Indiana Professional Standards Board, 101 West Ohio Street, Indianapolis, Indiana 46204. Statutory authority: IC 20-1-1.4-7.

  • Title 515 Professional Standards Board -- #02-80 (PDF)

    Adds 515 IAC 5 to establish the process whereby a person obtains a substitute teacher's permit and the process whereby a school district employs a substitute teacher. Public comments are invited and may be directed to Marie Theobald, Executive Director, Indiana Professional Standards Board, 101 West Ohio Street, Indianapolis, Indiana 46204. Statutory authority: IC 20-1-1.4-7.

  • Title 675 Fire Prevention and Building Safety Commission -- #02-90 (PDF)

    The rule will amend existing sections and add new sections of the general administrative rules (675 IAC 12) and the safety codes for elevators, escalators, manlifts, and hoists (675 IAC 21) to do the following:

  • Title 836 Indiana Emergency Medical Services Commission -- #02-91 (PDF)

    Amends 836 IAC 1, 836 IAC 2, 836 IAC 3, and 836 IAC 4 to revise, clarify, and correct the certification and training requirements and the definitions applicable to emergency medical service personnel, providers, air ambulances (rotocraft and fixed wing), and vehicles (transport and nontransport). Also adds 836 IAC 2-7.2, 836 IAC 4-6.1, and 836 IAC 4-7.1 to establish new certification and training requirements for advanced emergency medical technician intermediate personnel and providers. Questions or comments on the adoption may be directed by mail to the Indiana Emergency Medical Services Commission, Indiana Government Center-South, 302 West Washington Street, Room E208, Indianapolis, Indiana 46204 or by electronic mail to rstump@sema.state.in.us. Statutory authority: IC 16-31-2-7; IC 16-31-3-14; IC 16-31-3-14.5; IC 16-31-3-20.

Proposed Rules (PDF)
  • Title 11 Consumer Protection Division of the Office of the Attorney General -- #02-18 (PDF)

    Adds 11 IAC 2-2-5 concerning information provided to consumers added to the telephone privacy list. Amends 11 IAC 2-5-1, 11 IAC 2-5-2, and 11 IAC 2-5-3 by obligating the division to remove certain numbers from the telephone privacy list. Adds 11 IAC 2-5-4 providing for annual purging of the telephone privacy list.

  • Title 11 Consumer Protection Division of the Office of the Attorney General -- #02-19 (PDF)

    Adds 11 IAC 2-9 to provide that residential telephone numbers shall remain on the telephone privacy list in the event of a change of area code or prefix, or both. Provides that the telephone privacy list shall contain both numbers so long as a telephone solicitor may reach the consumer by directly dialing either number.

  • Title 312 Natural Resources Commission -- #01-361 (PDF)

    Adds 312 IAC 22.5 to provide standards for the registration and management of cemeteries and burial grounds.

  • Title 326 Air Pollution Control Board -- #00-43 (PDF)

    Amends 326 IAC 11-4-5 concerning particulate emission limits for Knauf Fiber Glass in Shelbyville, Indiana. Updates references to equipment to reflect current operations, deletes references to equipment that no longer exists and associated emission limits.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #02-9 (PDF)

    Amends 460 IAC 2-3-1, 460 IAC 2-3-2, and 460 IAC 2-3-3 to offer additional criteria that may be fulfilled to receive state interpreter certification, extends the deadline by which certain criteria must be met to become certified, and adds relevant definitions.

  • Title 515 Professional Standards Board -- #01-171 (PDF)

    Adds 515 IAC 1-6 to establish a transition to teaching program, which is an alternate route to teacher licensure mandated by IC 20-6.1-3-11.

  • Title 515 Professional Standards Board -- #02-7 (PDF)

    Adds 515 IAC 3 to establish a performance-based process for accreditation of teacher preparation programs.

  • Title 515 Professional Standards Board -- #02-8 (PDF)

    Adds 515 IAC 4 to establish the process whereby a teacher obtains an initial practitioner license, a proficient practitioner license, or an accomplished practitioner license. In addition, it establishes the procedure whereby a substitute teacher obtains a teaching permit. All of these licenses are required for teaching in an accredited school in Indiana.

  • Title 762 Indiana Political Subdivision Risk Management Commission -- #02-24 (PDF)

    Adds 762 IAC 2, to address member requirements and procedures, withdrawals by members, procedures for charges to members, including payment and collection thereof, and to otherwise implement IC 27-1-29 and IC 27-1-29.1 regarding the political subdivision risk management fund and catastrophic liability fund. Copies are available at the Web site for the Department of Insurance at www.state.in.us/idoi.

  • Title 844 Medical Licensing Board of Indiana -- #02-12 (PDF)

    Adds 844 IAC 4-4.5 concerning requirements for licensure to practice medicine or osteopathic medicine. Adds 844 IAC 4-6-2.1 concerning mandatory renewal notice. Repeals 844 IAC 4-1-1, 844 IAC 4-4.1-1, 844 IAC 4-4.1-2, 844 IAC 4-4.1-3.1, 844 IAC 4-4.1-4.1, 844 IAC 4-4.1-5, 844 IAC 4-4.1-6, 844 IAC 4-4.1-7, 844 IAC 4-4.1-8, 844 IAC 4-4.1-9, 844 IAC 4-4.1-10, 844 IAC 4-4.1-11, 844 IAC 4-5-1, 844 IAC 4-6-2, 844 IAC 4-6-5, 844 IAC 4-6-8, and 844 IAC 4-7-5.

  • Title 860 Indiana Plumbing Commission -- #01-425 (PDF)

    Amends 860 IAC 1-1-2.1 to revise the fees charged and collected by the Indiana plumbing commission.

  • Title 876 Indiana Real Estate Commission -- #01-346 (PDF)

    Amends 876 IAC 3-3-21 to change the period of time upon which the temporary permits privileges expire.

Readopted Rules (PDF)
  • Title 260 State Department of Toxicology -- #02-77 (PDF)

  • Title 312 Natural Resources Commission -- #02-72 (PDF)

  • Title 812 Indiana Auctioneer Commission -- #02-84 (PDF)

  • Title 820 State Board of Cosmetology Examiners -- #02-92 (PDF)

  • Title 857 Indiana Optometric Legend Drug Prescription Advisory Committee -- #02-78 (PDF)

  • Title 710 Securities Division -- #02-4(P) (PDF)

IC 13-14-9 Notices (PDF)
  • Title 326 Air Pollution Control Board -- #02-88 (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to rules concerning the redesignation of Clark and Floyd Counties to attainment of the one (1) hour ozone standard. The purpose of this notice is to seek public comment on the draft rule, including suggestions for specific language to be included in the rule. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking.

Nonrule Policy Documents (PDF)
Cumulative Table of Nonrule Policy Documents (PDF)
Cumulative Table of Executive Orders and Attorney General's Opinions (PDF)
Rules Affected (PDF)
Index (PDF)
Back Page, Order Form (PDF)