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-IR- Database: Indiana Register

Indiana Register - April 1, 2005

Access the official CD-ROM Indiana Register by clicking on (PDF) following the volume information line below.

Disclaimer: The individual documents were created from the files used to produce the official CD-ROM Indiana Register. Access documents in the PDF format by clicking on (PDF).
April 1, 2005, Volume 28, Number 7, Pages 2009-2342 (PDF)
Final Rules
  • Title 68 Indiana Gaming Commission -- #04-179 (PDF)

    Amends 68 IAC 15-3-3 to correct a misspelling. Amends 68 IAC 15-5-2 to determine who may sign an RG-1 and to determine tax calculation in the event a riverboat chooses to observe nonflexible scheduling or flexible scheduling. Amends 68 IAC 15-6-2 to determine what must happen to admissions when a riverboat chooses to observe nonflexible scheduling or flexible scheduling and chooses to observe 24 hour gaming. Amends 68 IAC 15-6-3 to determine what must happen to ticketing if a riverboat chooses to observe nonflexible scheduling or flexible scheduling. Amends 68 IAC 15-6-5 to determine who may sign an RG-1 and to determine what happens to computation of tax when a riverboat chooses to observe nonflexible scheduling or flexible scheduling.

  • Title 326 Air Pollution Control Board -- #03-264 (PDF)

    Amends 325 IAC 20-25, the state styrene rule, concerning emissions from reinforced plastic composites fabricating emission units to consolidate requirements applicable to reinforced plastic composites production in 326 IAC 20-56. Adds 326 IAC 20-56 to incorporate by reference the national emission standards for hazardous air pollutants from reinforced plastic composites production.

  • Title 326 Air Pollution Control Board -- #03-282 (PDF)

    Amends 326 IAC 7-4-13 to make corrections and update information for sources listed in the rule.

  • Title 326 Air Pollution Control Board -- #03-283 (PDF)

    Amends 326 IAC 18-1-1, 326 IAC 18-1-2, 326 IAC 18-1-3, 326 IAC 18-1-4, 326 IAC 18-1-5, and 326 IAC 18-1-6 to delete requirements for waste disposal managers to be licensed to handle asbestos waste. Amends 326 IAC 18-1-9 to delete the asbestos waste disposal manager license fee. Amends 326 IAC 18-2-2 to delete waste disposal manager from the definition of licensed. Amends 326 IAC 18-2-3 to correct typographical errors and formatting.

  • Title 326 Air Pollution Control Board -- #04-43 (PDF)

    Amends 326 IAC 6-1-12 concerning revisions to the particulate matter emission limitations at Reilly Industries, Inc.

  • Title 326 Air Pollution Control Board -- #04-107 (PDF)

    Adds 326 IAC 20-71 through 326 IAC 20-79 to incorporate by reference the National Emission Standards for Hazardous Air Pollutants (NESHAPs) for asphalt processing and asphalt roofing manufacturing; brick and structural clay products manufacturing; clay ceramics manufacturing; coke ovens: pushing, quenching, and battery stacks; engine test cells/stands; hydrochloric acid production; printing, coating, and dyeing of fabrics and other textiles; surface coating of metal furniture; and surface coating of wood building products, respectively.

  • Title 326 Air Pollution Control Board -- #04-180 (PDF)

    Adds 326 IAC 1-1-6 concerning credible evidence.

  • Title 327 Water Pollution Control Board -- #03-129 (PDF)

    Amends 327 IAC 1-1, 327 IAC 2-1, 327 IAC 2-1.5, 327 IAC 2-4, 327 IAC 5-1.5, and 327 IAC 5-2 concerning water quality standards, methods, and implementation procedures.

  • Title 329 Solid Waste Management Board -- #03-286 (PDF)

    Amends 329 IAC 12-8-4, 329 IAC 12-8-5, and 329 IAC 12-9-2, concerning certification for solid waste facility operators, to place asbestos disposal certification for solid waste facility operators, which is currently under the authority of the air pollution control board, under the rules promulgated by the solid waste management board.

  • Title 405 Office of the Secretary of Family and Social Services -- #04-178 (PDF)

    Amends 405 IAC 1-1-5 and 405 IAC 1-1.5-2 to specify that a hospital has 60 days after the date of an overpayment notice to repay the overpayment or to file an appeal to comply with P.L.78-2004. Amends 405 IAC 5-1-5 to update language regarding coding sources. Amends 405 IAC 5-3-13 to eliminate the prior authorization requirement for certain services and to specify that orthodontic procedures for members under 21 years of age for cases of craniofacial deformity or cleft palate are subject to prior authorization. Amends 405 IAC 5-9-1 to allow Medicaid reimbursement for evaluation and management services for 50 office visits per rolling 12 month period without prior authorization. Amends 405 IAC 5-19-1(h) to allow for reimbursement for medical supplies in quantities greater than a one-month supply if the recipient is a Medicare beneficiary and if Medicare allows reimbursement for that quantity. Amends 405 IAC 5-19-10 to specify that Medicaid reimbursement is available for corrective shoe features. Amends 405 IAC 5-26-5 to correct an Indiana Administrative Code reference.

  • Title 405 Office of the Secretary of Family and Social Services -- #04-219 (PDF)

    Amends 405 IAC 1-5-1 to increase the required time providers must retain medical records.

  • Title 515 Professional Standards Board -- #04-141 (PDF)

    Adds 515 IAC 12 to provide for certain requirements for the issuance of an accomplished practitioner license by the professional standards board.

Errata
  • Title 326 Air Pollution Control Board -- #04-43 (PDF)

Notice of Recall
  • Title 312 Natural Resources Commission -- #04-208 (PDF)

  • Title 470 Division of Family and Children -- #04-77 (PDF)

Notice of Withdrawal
  • Title 405 Office of the Secretary of Family and Social Services -- #04-230 (PDF)

  • Title 812 Indiana Auctioneer Commission -- #04-226 (PDF)

  • Title 876 Indiana Real Estate Commission -- #04-224 (PDF)

Emergency Rules
  • Title 65 State Lottery Commission -- #05-28 (PDF)

    Adds 65 IAC 5-16 concerning the draw game 50/50 Raffle.

  • Title 65 State Lottery Commission -- #05-29 (PDF)

    Temporarily adds rules concerning pull-tab game number 031.

  • Title 65 State Lottery Commission -- #05-30 (PDF)

    Temporarily adds rules concerning scratch-off game number 748.

  • Title 65 State Lottery Commission -- #05-31 (PDF)

    Temporarily adds rules concerning scratch-off game number 749.

  • Title 65 State Lottery Commission -- #05-32 (PDF)

    Adds 65 IAC 4-355 concerning scratch-off game number 755.

  • Title 65 State Lottery Commission -- #05-33 (PDF)

    Temporarily adds rules concerning scratch-off game number 764.

  • Title 65 State Lottery Commission -- #05-34 (PDF)

    Temporarily adds rules concerning pull-tab game number 030.

  • Title 65 State Lottery Commission -- #05-36 (PDF)

    Amends 65 IAC 4-2-6 to clarify scratch-off ticket dispute procedures. Amends 65 IAC 5-2-6 to clarify draw ticket dispute procedures. Amends 65 IAC 6-2-6 to clarify pull-tab ticket dispute procedures.

  • Title 71 Indiana Horse Racing Commission -- #05-27 (PDF)

    Amends 71 IAC 7.5-6-3 concerning jockey requirements and silks.

Change in Notice of Public Hearing
  • Title 326 Air Pollution Control Board -- #04-181 (PDF)

  • Title 326 Air Pollution Control Board -- #04-278 (PDF)

Notice of Intent to Adopt a Rule
  • Title 312 Natural Resources Commission -- #05-38 (PDF)

    Amends 312 IAC 11 that governs construction activities along and within public freshwater lakes. Amendments are made to the regulation and treatment of a seawall. These include standards that distinguish a seawall placed in a manmade channel from one placed on a natural shoreline. Allows a bulkhead seawall to be permitted along the upland sides of a manmade channel; defines "natural shoreline"; and amends the definitions for "area of special concern" and "significant wetland". Also provides discretion to grant a license for a seawall or other structure, which might not otherwise satisfy the rule, where public access is enhanced or where a written assessment by a qualified professional demonstrates a particular methodology is needed to control erosion or to stabilize the shoreline and that the methodology would not violate IC 14-26-2. Questions or comments may be directed to slucas@nrc.in.gov or by telephone at 317-233-3322. Statutory authority: IC 14-10-2-4; IC 14-26-2.

  • Title 345 Indiana State Board of Animal Health -- #05-41 (PDF)

    The rule will update and amend rules relating to the control of diseases in sheep and goats including the disease scrapie. The proposal will address identification of animals and premises, testing, record keeping, monitoring and surveillance, requirements for positive, suspect, and exposed animals, epidemiology, requirements to move interstate and intrastate, restrictions on sales and other transfers, exhibition requirements, and other disease control measures. The proposal may include scrapie certification of animals and flocks. Submit questions or comments to the Indiana State Board of Animal Health, Attention: Legal Affairs, 805 Beachway Drive, Suite 50, Indianapolis, Indiana 46224 or by electronic mail to ghaynes@boah.state.in.us. Statutory authority: IC 15-2.1-3-19.

  • Title 405 Office of the Secretary of Family and Social Services -- #05-45 (PDF)

    Adds provisions to 405 IAC 5 to set forth criteria and the process used to determine qualification for services in a duly certified Medicaid enrolled intermediate care facility for the mentally retarded (ICF/MR), community residential facility for the developmentally disabled (CRF/DD), and under a home and community-based services (HCBS) waiver for the developmentally disabled. Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-21-2; IC 12-15-21-3.

  • Title 412 Indiana Health Facilities Council -- #05-35 (PDF)

    To establish the effective and expiration dates for qualified medication aide (QMA) certificates, to amend the requirements for certification, recertification, or reinstatement of a QMA, and to amend the fees required for certification, recertification, or reinstatement. Written comments may be submitted to the Indiana Health Facilities Council, Attn: Secretary, 2 North Meridian Street, Indianapolis, Indiana 46204. Statutory authority: IC 16-28-1-11.

  • Title 675 Fire Prevention and Building Safety Commission -- #05-50 (PDF)

    To amend 675 IAC 21, the safety code for elevators, escalators, manlifts, and hoists, to make substantive and technical changes, including changes to reference updated standards. To adopt ASME A17.1, 2004 edition, Safety Code for Elevators and Escalators. To adopt ASME A17.3, 2002 edition, Safety for Existing Elevators and Escalators. To adopt ASME QEI-1, 2004 Edition, Standard for Qualification of Elevator Inspectors. To adopt ASCE 21, Part 1, 1996; Part 2, 1998; and Part 3, 2000, Standard for Automated People Movers. To adopt ANSI/ASME A18.1, 2003 edition, Safety Standard for Platform and Stairway Chairlifts. To adopt ANSI/ASSE A10.4, 2004 edition, Safety Requirements for Personnel Hoist and Employee Elevators American National Standard for Construction and Demolition Operations. To adopt ASME A90.1, 2003 edition, Safety Standard for Belt Manlifts. Public comments are invited and may be directed to the Department of Fire and Building Services, ATTENTION: Technical Services, Indiana Government Center-South, 402 West Washington Street, Room W246, Indianapolis, Indiana 46204 or by e-mail at jweesner@sema.state.in.us. Statutory authority: IC 22-12-6-6; IC 22-13-2-2; IC 22-13-2-8; IC 22-13-2-13.

  • Title 710 Securities Division -- #05-46 (PDF)

    Amends 710 IAC 1-14-6 regarding supervision requirements for broker-dealer branch offices. Questions or comments may be directed to Silvia Miller at smiller@sos.state.in.us or by telephone at (317) 234-2741. Statutory authority: IC 23-2-1-15.

  • Title 760 Department of Insurance -- #05-39 (PDF)

    Amends 760 IAC 1-21 regarding requirements for proof of financial responsibility, surcharge payments and amounts, certificates of insurance, types of insurance coverage, health care providers, settlement of claims, and communication with the Patient's Compensation Fund. Statutory authority: IC 34-18-3-7; IC 34-18-5-2; IC 34-18-6-6.

  • Title 812 Indiana Auctioneer Commission -- #05-37 (PDF)

    Amends 812 IAC 1-1-2 concerning time for holding examinations. Amends 812 IAC 1-1-3 concerning receipt of application before examination and examination fee. Amends 812 IAC 1-1-5 concerning license fees. Amends 812 IAC 1-1-35 concerning fees charged by the commission. Amends 812 IAC 1-1-41 concerning records and accounts for auction house licensee and auction company licensee. Amends 812 IAC 1-1-42 concerning compliance with IC 26-1-6-107. Amends 812 IAC 1-1-43 concerning violations for professional incompetence. Amends 812 IAC 3-1-1 concerning continuing education requirements. Amends 812 IAC 3-1-11 concerning failure to meet continuing education requirements. Amends 812 IAC 3-1-13 concerning requirements for reinstating an active license. Repeals 812 IAC 1-1-6 regarding review of examination by applicant. Repeals 812 IAC 1-1-36 concerning reconsideration of license after revocation. Effective 30 days after filing with the secretary of state. Questions or comments concerning the proposed rule may be directed to: Indiana Auctioneer Commission, ATTENTION: Commission Director, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204 or by electronic mail at dwidemon@pla.in.gov. Statutory authority: IC 25-1-8-2; IC 25-6.1-2-5; IC 25-6.1-3-5.

  • Title 828 State Board of Dentistry -- #05-40 (PDF)

    Amends 828 IAC 0.5-1 concerning definitions to facilitate the outsourcing of the administration of the examinations for dentists and dental hygienists. Amends 828 IAC 1-1 concerning the requirements for licensure of dentists by examination to facilitate the outsourcing of the administration of the examinations. Amends 828 IAC 1-2 concerning the requirements for licensure of dental hygienists by examination to facilitate the outsourcing of the administration of the examination. Questions or comments concerning the proposed rules may be directed to: State Board of Dentistry, ATTENTION: Shelly L. Mazo, 402 West Washington Street, Room W066, Indianapolis, IN 46204-2700 or by electronic e-mail at smazo@hpb.in.gov. Statutory authority: IC 25-1-8-2; IC 25-13-1-5; IC 25-14-1-13.

  • Title 856 Indiana Board of Pharmacy -- #05-42 (PDF)

    Adds 856 IAC 1-37 to establish the definitions, standards, and requirements for centralized processing services of prescriptions and drug orders. Questions or comments concerning the proposed rule may be directed to: Indiana Board of Pharmacy, ATTENTION: Board Director, Indiana Government Center-South, 402 West Washington Street, Room W066, Indianapolis, Indiana 46204 or by electronic mail at jbolin@hpb.in.gov. Statutory authority: IC 25-26-13-4.

  • Title 857 Indiana Optometric Legend Drug Prescription Advisory Committee -- #05-43 (PDF)

    Amends 857 IAC 1-2 to revise the requirements for sponsoring organizations to obtain continuing education course approval. Amends 857 IAC 1-3 to revise the continuing education requirements to obtain an Indiana optometric legend drug certificate under IC 25-26-15-16(2) and to renew a certificate under IC 25-26-15-18. Effective 30 days after filing with the secretary of state. Questions or comments concerning the proposed rule may be directed to: Indiana Optometric Legend Drug Prescription Advisory Committee, ATTENTION: Committee Director, Indiana Government Center-South, 402 West Washington Street, Room W066, Indianapolis, Indiana 46204 or by electronic mail at jbolin@hpb.in.gov. Statutory authority: IC 25-26-15-13.

  • Title 876 Indiana Real Estate Commission -- #05-47 (PDF)

    Amends 876 IAC 1-1-23 to allow for the voluntary transfer of any interest earned on the broker's escrow/trust account to a fund established for the sole purpose of providing affordable housing opportunities in Indiana. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, ATTENTION: Commission Director, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at wlowhorn@pla.in.gov. Statutory authority: IC 25-34.1-2-5; IC 25-34.1-9-21.

  • Title 876 Indiana Real Estate Commission -- #05-48 (PDF)

    Amends 876 IAC 1-4-2 to add septic/holding tank and septic mound and geothermal and heat pump to the Residential Real Estate Sales Disclosure form and to require signatures and property address information on both pages of the form. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, ATTENTION: Commission Director, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at wlowhorn@pla.in.gov. Statutory authority: IC 25-34.1-2-5; IC 25-34.1-9-21.

  • Title 876 Indiana Real Estate Commission -- #05-49 (PDF)

    Amends 876 IAC 4-1-6 to allow an approved distance learning continuing education course to be conducted in a facility that is also used as a broker or salesperson office. Amends 876 IAC 4-2-1 to allow instruction for an approved distance learning education course to be more than eight hours of instruction in one day. Adds 876 IAC 4-3 to establish distance learning continuing education requirements and procedures for real estate salespersons and brokers and to establish the requirements and procedures for distance learning continuing education course sponsors. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, ATTENTION: Commission Director, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at wlowhorn@pla.in.gov. Statutory authority: IC 25-34.1-2-5; IC 25-34.1-9-21.

Proposed Rules
  • Title 40 State Ethics Commission -- #04-198 (PDF)

    Adds 40 IAC 2-1-5.5 concerning ethics education. Amends 40 IAC 2-1-6 concerning acceptable gifts, favors, services, entertainment, food, drink, and honoraria. Amends 40 IAC 2-1-7 concerning appearances, activities, and expenses. NOTE: LSA Document #04-198, printed at 28 IR 987, was resubmitted for publication.

  • Title 327 Water Pollution Control Board -- #04-106 (PDF)

    Amends 327 IAC 8-1, 327 IAC 8-3, 327 IAC 8-3.1, 327 IAC 8-3.2, 327 IAC 8-3.3, 327 IAC 8-3.4, 327 IAC 8-3.5, 327 IAC 8-4, and 327 IAC 8-6 and adds 327 IAC 8-3-2.1, 327 IAC 8-3.4-9.1, and 327 IAC 8-4-2 concerning simplification of the construction permitting requirements for small systems, which are designed to reduce the regulatory burden on those same small systems.

  • Title 327 Water Pollution Control Board -- #04-320 (PDF)

    Adds 327 IAC 3-2-1.5, 327 IAC 3-2-3.5, and 327 IAC 3-2-5.5 concerning state permits for the construction of water pollution treatment/control facilities and sanitary sewers.

  • Title 329 Solid Waste Management Board -- #04-318 (PDF)

    Amends 329 IAC 3.1-6-6 to increase the amount of treated electric arc furnace dust generated by Heritage Environmental Services, LLC and Nucor Corporation at the Nucor Steel, Division of Nucor Corporation, facility located in Crawfordsville, Indiana that can be excluded from regulation as hazardous waste from 30,000 cubic yards to 60,000 cubic yards per year.

  • Title 405 Office of the Secretary of Family and Social Services -- #04-321 (PDF)

    Adds 405 IAC 1-1-3.1 to specify the responsibilities of Medicaid providers when providing services to members enrolled under the Medicaid spend-down provision. Amends 405 IAC 2-3-10 to set out the policies and procedures that apply to Medicaid spend-down eligibility.

  • Title 511 Indiana State Board of Education -- #04-317 (PDF)

    Amends 511 IAC 6.1-5.1 to add, delete, and rename approved high school courses in the multidisciplinary, business technology education and technology education, and vocational-technical program areas.

Readopted Rules
  • Title 312 Natural Resources Commission -- #05-1 (PDF)

IC 13-14-9 Notices
  • Title 327 Water Pollution Control Board -- #03-44 (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for new rules and amendments to rules 327 IAC 2-1, 327 IAC 2-1.5, and 327 IAC 5-2 concerning antidegradation standards and implementation procedures. By this notice, IDEM is soliciting public comment on the draft rule language. IDEM seeks comment on the affected citations listed and any other provisions of Title 327 that may be affected by this rulemaking.

  • Title 327 Water Pollution Control Board -- #05-51 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on the development of a new rule to require an increase in the time that a certified operator is involved at each small wastewater treatment facility and to consider financial assurance of these facilities, such as is reflected in upkeep and repair.

Governor's Actions (PDF)
    Nonrule Policy Documents (PDF)