Indiana Administrative Code
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Indiana Register - August 1, 2003
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August 1, 2003, Volume 26, Number 11, Pages 3531-3854 (PDF)
Notice of Recall
- Title 80 State Fair Commission -- #02-200 (PDF)
Amends 80 IAC 4-3-3 to include an electric personal assistive mobility device within the definition of a motorized cart. Amends 80 IAC 4-3-5 to exclude a person who uses such a device upon the fairgrounds from certain proof of insurance requirements.
- Title 80 State Fair Commission -- #02-243 (PDF)
Adds 80 IAC 4-4 regarding the regulation or prohibition of alcohol, weapons, and unauthorized animals at the Indiana state fair.
- Title 210 Department of Correction -- #02-259 (PDF)
Amends 210 IAC 1-6 concerning the collection, maintenance, and release of offender and juvenile records. Adds 210 IAC 1-10 to establish the offender tort claim process. Amends 210 IAC 5 concerning release authority for juveniles.
- Title 326 Air Pollution Control Board -- #02-54 (PDF)
Amends 326 IAC 10-3-1 to delete emission limits for Ispat Inland and U.S. Steel in Lake County. Amends 326 IAC 10-4 to change compliance dates, amend emission trading allowances, and add formulas for energy efficiency programs.
- Title 327 Water Pollution Control Board -- #01-96 (PDF)
Amends 327 IAC 5-4-6 and adds 327 IAC 15-13-1 through 327 IAC 15-13-22 to add the federal requirements for municipal separate sewer systems (MS4s).
- Title 327 Water Pollution Control Board -- #01-238 (PDF)
Amends the rules for the application of a biosolid, industrial waste products, and pollutant-bearing water in 327 IAC 6.1. The purpose of this rule change is to amend and clarify sections of the article that are creating unnecessary problems for the regulated community and IDEM staff. Indiana's rule regarding the land application of biosolid, industrial waste product, and pollutant-bearing water became effective June 14, 1998. Since that time both IDEM staff and the regulated community have concluded that some inconsequential and some substantive rule changes are required. Inconsequential changes are contextual in nature and provide more clarity. The substantial changes improve and enhance the program. The following are considered substantial changes: (1) A small-quantity generator notification program for nondomestic pollutant-bearing water land application programs. (2) Broadening the agricultural lime substitute notification program to include liquid waste products. (3) Delineation of the hybrid land application permit program. (4) Molybdenum concentrations of ≥ forty (40) mg/kg are prohibited from application to pasture land. (5) Standard detection limits for seven heavy metals. (6) Clarification of nutrient monitoring requirements and recognition of presampling for nutrients in some cases. (7) Deletion of the suspended solids limits and monitoring requirement for certain stabilization pond systems when disinfection is not required. (8) Recognition of alternative methods of pollutant-bearing water land application to include subsurface methods. (9) Clarification of storage structure applicability and requirements. (10) Elimination of seasonal high water table restrictions during land application. (11) Reduces the monitoring frequencies to times set by 40 CFR 503.
- Title 405 Office of the Secretary of Family and Social Services -- #02-207 (PDF)
Amends 405 IAC 5-31-4 and adds 405 IAC 5-24-13 to add all legend and nonlegend water products to the facility's per diem rate.
- Title 405 Office of the Secretary of Family and Social Services -- #02-214 (PDF)
Amends 405 IAC 1-16-2 to specify the payment level for hospice services on the date that an individual is discharged from inpatient or respite hospice care. Amends 405 IAC 1-16-4 to specify that, in order to receive Medicaid reimbursement for room and board for nursing home residents receiving hospice services, the hospice must have a written agreement with the nursing facility. Amends 405 IAC 5-34-1 to specify that the hospice provider must provide all services in compliance with the Medicaid provider agreement, the appropriate provider manual and all other Medicaid policy documents issued to the provider at the time services were rendered, and any applicable state or federal statute or regulations. Amends 405 IAC 5-34-2 to specify licensure and certification requirements for Medicaid hospice providers. Amends 405 IAC 5-34-3 to specify the requirements for Medicaid reimbursement for hospice services provided by out-of-state hospice providers. Amends 405 IAC 5-34-4 to specify the requirements for obtaining authorization for hospice services. Adds 405 IAC 5-34-4.1 regarding appeals of hospice authorization determinations. Adds 405 IAC 5-34-4.2 to provide for retrospective audit of hospice services including review for medical necessity. Amends 405 IAC 5-34-5 to specify requirements relating to the hospice physician certification form. Amends 405 IAC 5-34-6 to specify requirements relating to election and revocation of hospice services. Amends 405 IAC 5-34-7 to specify requirements relating to the hospice plan of care.
- Title 431 Community Residential Facilities Council -- #02-211 (PDF)
Adds 431 IAC 7 to establish standards for the approval of entities providing supported living services to eligible individuals with a developmental disability.
- Title 460 Division of Disability, Aging, and Rehabilitative Services -- #02-319 (PDF)
Adds 460 IAC 1-3.3, providing new criteria, reimbursement rates, and procedures for providers in the residential care assistance program in Indiana. Repeals 460 IAC 1-3-1, 460 IAC 1-3-2, 460 IAC 1-3-3, 460 IAC 1-3-4, 460 IAC 1-3-5, 460 IAC 1-3-6, 460 IAC 1-3-7, 460 IAC 1-3-8, 460 IAC 1-3-9, 460 IAC 1-3-10, 460 IAC 1-3-11, 460 IAC 1-3-12, 460 IAC 1-3-13, 460 IAC 1-3-14, and 460 IAC 1-3-15.
- Title 511 Indiana State Board of Education -- #02-170 (PDF)
Amends 511 IAC 5-2-3 and 511 IAC 5-2-4 to change requirements for participation of limited English proficient students in ISTEP testing to coincide with requirements of federal law.
- Title 511 Indiana State Board of Education -- #02-177 (PDF)
Amends 511 IAC 6-7-6.5 to add integrated mathematics II and integrated mathematics III to the list of courses that count toward the academic honors diploma. Amends 511 IAC 6.1-5.1-5 to change the name of mathematical topics to integrated mathematics.
- Title 511 Indiana State Board of Education -- #02-178 (PDF)
Amends 511 IAC 6.1-5.1-5 to remove from the approved list of high school mathematics courses those courses that are remedial in nature or duplicate other courses. Adds a remedial mathematics course that will not count toward the high school graduation requirement in mathematics. Consolidates certain courses to more accurately reflect the manner in which the courses should be offered. Changes the names of courses to reflect the academic standards on which the courses are based.
- Title 511 Indiana State Board of Education -- #02-274 (PDF)
Amends 511 IAC 6.1-5.1-8 to add new courses to the list of approved high school fine arts courses and designates advanced theatre arts as a laboratory course.
- Title 816 Board of Barber Examiners -- #02-320 (PDF)
Amends 816 IAC 1-3-1 to revise the fees collected for the examination of an applicant to practice as a barber and to revise the fee for the issuance of an initial four year license to practice barbering by an applicant applying on the basis of reciprocity.
- Title 848 Indiana State Board of Nursing -- #02-183 (PDF)
Adds 848 IAC 6 concerning the interstate nurse licensure compact and multistate licensure privileges.
- Title 848 Indiana State Board of Nursing -- #02-239 (PDF)
Amends 848 IAC 1-1-14 concerning fees for licensure to practice nursing; fees for renewal of a license to practice nursing; penalty fees for late renewal; fees for temporary permits; fees for verification of licensure to another state or jurisdiction; fees for filing a multistate licensure privilege form; and fees for updating a multistate licensure privilege form.
- Title 848 Indiana State Board of Nursing -- #02-247 (PDF)
Amends 848 IAC 1-1-2.1 concerning definitions. Amends 848 IAC 1-1-6 and 848 IAC 1-1-7 concerning requirements for licensure to practice nursing by examination or endorsement.
- Title 872 Indiana Board of Accountancy -- #02-301 (PDF)
Amends 872 IAC 1-1-10 to revise the fee schedule. Adds 872 IAC 1-4 to establish the requirements for nonlicensee owners of a firm under IC 25-2.1-5-4.
Notice of Withdrawal
- Title 872 Indiana Board of Accountancy -- #02-213 (PDF)
- Title 405 Office of the Secretary of Family and Social Services -- #03-75 (PDF)
Notice of Rule Adoption
- Title 50 Department of Local Government Finance -- #03-178 (PDF)
Temporarily adds provisions establishing provisional property tax billing procedures for a county in which the 2002 general reassessment is not completed by the statutory completion date under IC 6-1.1, and implements noncode provisions and other changes in HEA 1219. Authority: House Enrolled Act 1219.
- Title 170 Indiana Utility Regulatory Commission -- #03-192 (PDF)
Temporarily amends 170 IAC 7-1.2-10 concerning telephone utilities extension of facilities by removing the requirements for new real estate developments. Authority: IC 4-22-2-37.1.
- Title 312 Natural Resources Commission -- #03-176 (PDF)
Temporarily modifies 312 IAC 5-7-14 that governs the operation of watercraft on the Tippecanoe River in White County and Carroll County, including Lake Shafer and Lake Freeman. A ten miles per hour speed limit is established on the portion of Lake Shafer and the Tippecanoe River where dredging operations are scheduled to take place within the next 12 months.
- Title 312 Natural Resources Commission -- #03-177 (PDF)
Temporarily amends 312 IAC 9 to govern noncommercial hunts at Brown County State Park, Chain O'Lakes State Park, Charlestown State Park, Clifty Falls State Park, Fort Harrison State Park, Harmonie State Park, Indiana Dunes State Park, Lincoln State Park, McCormick's Creek State Park, Ouabache State Park, Pokagon State Park, Potato Creek State Park, Shades State Park, Shakamak State Park, Spring Mill State Park, Summit Lake State Park, Tippecanoe River State Park, Turkey Run State Park, Versailles State Park, Whitewater Memorial State Park, and Twin Swamps Nature Preserve. Under IC 4-22-2-37.1, IC 14-22-2-6, IC 14-10-2-5, and IC 14-22-6-13 (applicable to state parks), the director of the department of natural resources adopts the emergency rule set forth in this document. The emergency rule is adopted with the awareness the regulation of wild animals in Indiana is the responsibility of the department of natural resources, and with a heightened awareness of that responsibility (as well as a responsibility for the welfare of flora and other fauna), within Indiana state parks and dedicated nature preserves. More particularly, based upon the opinion of professional biologists, the director has determined: (A) white-tailed deer have caused, and will continue to cause, obvious and measurable damage to the ecological balance within these properties; and (B) the ecological balance within these properties will not be maintained unless action is taken to control their populations. Examples of damages caused by excessive deer populations include reduction of rare plant species and sampling data that show, more generally, vegetation species disturbance in areas accessible to deer browsing.
- Title 405 Office of the Secretary of Family and Social Services -- #03-181 (PDF)
Temporarily amends 405 IAC 2-3-1.1 regarding the Medicaid penalty for transfers of assets for less than fair market value. Authority: IC 4-22-2-37.1(a)(20); IC 12-8-1-12(c).
- Title 405 Office of the Secretary of Family and Social Services -- #03-182 (PDF)
Temporarily amends 405 IAC 2-8-1 to change the definition of "estate" for Medicaid estate recovery purposes. Temporarily amends 405 IAC 2-8-1.1 to change the estate recovery exemption for jointly owned real property. Makes numerous changes to 405 IAC 2-10 concerning liens against the real property of Medicaid recipients in order to conform to P.L.224-2003, SECTIONS 71 through 80. Temporarily adds a provision setting out a procedure for voiding a lien in order to conform to P.L.224-2003, SECTIONS 71 through 80. Temporarily adds a provision exempting property disregarded under the Indiana Long Term Care Insurance Program from lien placement and enforcement. Authority: IC 4-22-2-37.1(a)(20); IC 12-8-1-12(c).
Change in Notice of Public Hearing
- Title 405 Office of the Secretary of Family and Social Services -- #03-61 (PDF)
- Title 470 Division of Family and Children -- #03-33 (PDF)
Notice of Intent to Adopt a Rule
- Title 329 Solid Waste Management Board -- #00-185 (PDF)
- Title 329 Solid Waste Management Board -- #01-161 (PDF)
- Title 329 Solid Waste Management Board -- #01-288 (PDF)
- Title 329 Solid Waste Management Board -- #02-235 (PDF)
- Title 357 Indiana Pesticide Review Board -- #02-332 (PDF)
- Title 10 Office of Attorney General for the State -- #03-202 (PDF)
The rules will add 10 IAC 5 concerning the Tobacco Master Settlement Agreement Protection Act. The rules will relate to the requirements of a tobacco product manufacturer to make required escrow deposits in installments during the calendar year in which sales covered by the deposits are made or to produce information sufficient to enable the attorney general to determine the adequacy of the amount of an installment deposit. The rules will also relate to the obligation of the attorney general annually to publish a directory of all brand families of cigarettes approved for sale in Indiana. Public comments are invited and may be directed to the Office of the Attorney General, Attention: Adam Warnke, Indiana Government Center-South, 302 West Washington Street, Fifth Floor, Indianapolis, IN 46204 or by electronic mail to email@example.com. Statutory authority: IC 4-6-9-8; IC 24-3-5.4-20.
- Title 52 Indiana Board of Tax Review -- #03-179 (PDF)
Under IC 6-1.5-6-1 and IC 6-1.5-6-2, the Indiana Board of Tax Review intends to adopt rules to govern the processing of petitions, and the practice and procedures, for proceedings before the Indiana Board of Tax Review. The proposed rules will address the matters identified in IC 6-1.5-6-2, which include hearing procedures, small claims, mediation, and arbitration. The Indiana Board of Tax Review invites written suggestions, facts, arguments, or views in these matters. Questions or comments may be directed to Annette Biesecker, Chairman, Indiana Board of Tax Review, at 232-3753.
- Title 68 Indiana Gaming Commission -- #03-204 (PDF)
Adds a new rule regarding the commission's administration of a Voluntary Exclusion Program in the state of Indiana as specified in Public Law 143-2003. The program will allow an individual to voluntarily request to have his or her name placed on a confidential exclusion list. Voluntarily excluded individuals will agree to refrain from entering facilities under the jurisdiction of the commission. The rule will outline the procedures an individual must follow for placement on the list and the commission's responsibilities in maintaining the list and administering the program. The rule will outline the rights and duties of riverboat licensees and operating agents under the jurisdiction of the commission, including that they shall have access to the list for purposes of enforcement and may not cash checks for, issue credit to, or send direct marketing to persons on the list. The rule will also delineate a process through which individuals can request to be removed from the list. Public comments are invited. Questions concerning the rule may be directed to the following telephone number: (317) 233-46 or e-mailed to firstname.lastname@example.org. Statutory authority: IC 4-33-4-1; IC 4-33-4-2; IC 4-33-4-3; IC 4-33-4-5.
- Title 170 Indiana Utility Regulatory Commission -- #03-193 (PDF)
Amends 170 IAC 7-1.1-19 to provide for the use of an electronic "Letter of Agency" in authorizing a change in telephone carriers. Public comments are invited. Questions or comments concerning the proposed rule may be addressed to the following telephone number: (317) 232-2092. Statutory authority: IC 8-1-1-3.
- Title 170 Indiana Utility Regulatory Commission -- #03-194 (PDF)
Amends 170 IAC 7-1.2-10(c) regarding extension of telephone facilities for new real estate developments. Effective 30 days after filing with the secretary of state. Questions or comments concerning the proposed rule may be addressed to the following telephone number: (317) 232-158. Statutory authority: IC 8-1-1-3.
- Title 312 Natural Resources Commission -- #03-203 (PDF)
Amends 312 IAC 11-3-1(e) and 312 IAC 11-4-3 to allow bulkhead seawalls or previously authorized seawalls on public freshwater lakes to be refaced with glacial stone, under a general license, regardless of the number of times the existing bulkhead or a lawful seawall has previously been refaced. Questions concerning the proposed rule amendments may be directed to the following telephone number: (317) 233-3322 or e-mail address: email@example.com Statutory authority: IC 14-20-2-4; IC 14-26-2-23.
- Title 315 Office of Environmental Adjudication -- #03-183 (PDF)
Amends the rules of procedure for the Office of Environmental Adjudication, 315 IAC 1 et seq. In addition corrects errata remaining in the rule. Statutory authority: IC 4-21.5-7-7 to supplement and clarify the requirements of IC 4-21.5.
- Title 405 Office of the Secretary of Family and Social Services -- #03-184 (PDF)
Amends 405 IAC 5-20 to add coverage and reimbursement limitations for psychiatric residential treatment services (PRTF) for children under twenty-one (21) years of age. Adds provisions setting forth the reimbursement criteria for PRTF services. Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-21-2; IC 12-15-21-3.
- Title 405 Office of the Secretary of Family and Social Services -- #03-205 (PDF)
Amends 405 IAC 2-3-1.1 to specify that a Medicaid penalty period for the transfer of assets for less than fair market value will begin in the month after which assets have been transferred for less than fair market value. Specifies that, if an individual is ineligible for medical assistance due to a transfer penalty, expenses for nursing home services incurred during the penalty period are not allowable medical expenses in calculating an individual's nursing home liability for any month of Medicaid eligibility. Specifies that in determining the total, cumulative uncompensated value of assets transferred, transfers made in consecutive months are added together. Specifies that the transfer of an asset that produces or is capable of producing income is a transfer of income as well as a transfer of the underlying resource and the values will be added together to determine the uncompensated value of the transfer. Specifies that for transfers of income-producing real property, $6,000 of the equity value can be transferred without penalty if the transferred property produces at least $360 a year in income. Specifies that if the equity value is less than $6,000, the equity value can be transferred without penalty if the transferred property produces annual income of at least 6% of the equity. Specifies that, in order to establish that a transfer was made exclusively for purposes other than qualifying for medical assistance, the applicant or recipient must submit sufficient evidence to show that the transfer was made exclusively for reasons not related to Medicaid eligibility, estate recovery, or lien. Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-21-2.
- Title 405 Office of the Secretary of Family and Social Services -- #03-206 (PDF)
Amends 405 IAC 5-24-7 to revise copayment structure for drugs reimbursed by Medicaid. Specifies that all covered drugs will be subject to a $3 copayment. Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-21-2.
- Title 405 Office of the Secretary of Family and Social Services -- #03-207 (PDF)
Amends 405 IAC 5-19-3 to modify the reimbursement methodology for durable medical equipment (DME). Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-21-2.
- Title 460 Division of Disability, Aging, and Rehabilitative Services -- #03-180 (PDF)
Amends 460 IAC 3.5 to revise the definitions of adult day services and the reimbursement rates for adult day services paid by the Division of Disability, Aging, and Rehabilitative Services to approved providers. The update may include a mechanism for calculating rates. Adult day services are provided to eligible individuals with a developmental disability. Statutory authority: IC 12-8-8-4; IC 12-9-2-3.
- Title 511 Indiana State Board of Education -- #03-185 (PDF)
Amends 511 IAC 1-3-1 to add definitions for unexcused absence, aggregate days of unexcused absence, and truancy rate. Statutory authority: IC 20-1-1-6.
- Title 655 Board of Firefighting Personnel Standards and Education -- #03-186 (PDF)
The proposed amendments and additions to 655 IAC 1-2.1, 655 IAC 1-3, and 655 IAC 1-4 are for the purpose of amending certification programs, amending certifications, updating certain National Fire Protection Association standards, amending the mandatory training program and the mandatory training requirements, and making conforming section changes. Statutory authority: IC 22-12-7-7; IC 22-14-2-7.
- Title 836 Indiana Emergency Medical Services Commission -- #03-188 (PDF)
Amends 836 IAC 1, 836 IAC 2, 836 IAC 3, and 836 IAC 4 to make substantive and technical revisions, to make clarifications, and to make corrections to the requirements and provisions applicable to emergency medical service personnel, transport and nontransport providers, supervising hospitals, air ambulances (both rotorcraft and fixed wing), and other emergecy medical service vehicles (both transport and nontransport). 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 firstname.lastname@example.org. Statutory authority: IC 16-31-2-7; IC 16-31-3-14; IC 16-31-3-14.5; IC 16-31-3-20.
- Title 840 Indiana State Board of Health Facility Administrators -- #03-189 (PDF)
Amends 840 IAC 1-1-6 concerning the examination for licensure to practice as a health facility administrator. Effective 30 days after filing with the secretary of state. Public comments are invited and may be directed to Indiana State Board of Health Facility Administrators, Indiana Government Center-South, 402 West Washington Street, Room W066, Indianapolis, Indiana 46204 or by electronic mail to email@example.com. Statutory authority: IC 25-19-1-3; IC 25-19-1-4; IC 25-19-1-8.
- Title 840 Indiana State Board of Health Facility Administrators -- #03-190 (PDF)
Amends 840 IAC 1-2-1 concerning continuing education for renewal of licensure to practice as a health facility administrator. Effective 30 days after filing with the secretary of state. Public comments are invited and may be directed to Indiana State Board of Health Facility Administrators, Indiana Government Center-South, 402 West Washington Street, Room W066, Indianapolis, Indiana 46204 or by electronic mail to firstname.lastname@example.org. Statutory authority: IC 25-19-1-4; IC 25-19-1-8.
- Title 856 Indiana Board of Pharmacy -- #03-191 (PDF)
Amends 856 IAC 1-27-1 concerning the fee for certification as a pharmacy technician. Effective 30 days after filing with the secretary of state. Public comments are invited and may be directed to the Indiana Board of Pharmacy, ATTENTION: Director, Indiana Government Center-South, 402 West Washington Street, Room W066, Indianapolis, Indiana 46204 or by electronic mail to email@example.com. Statutory authority: IC 25-1-8-2; IC 25-26-13-4.
- Title 865 State Board of Registration for Land Surveyors -- #03-187 (PDF)
Amends 865 IAC 1-13 and 865 IAC 1-14 to revise the continuing education requirements to develop mechanisms to allow for courses sponsored by providers that are approved in another state to qualify for Indiana continuing education credit. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Attn.: Staff Counsel, 302 West Washington Street, Room E034, Indianapolis, IN 46204-2700 or firstname.lastname@example.org. Statutory authority: IC 25-21.5-2-14; IC 25-2.1-8-7.
- Title 876 Indiana Real Estate Commission -- #03-196 (PDF)
This rule makes changes regarding the practice of Indiana licensed trainee appraisers. Amends 876 IAC 3-6-9 to exempt employees of governmental entities in the course of the governmental entities' activities from the requirements that a certified or licensed appraiser may not be the supervising appraiser for more than two trainees and that the supervising appraiser shall accompany the Indiana licensed trainee appraiser and inspect the subject and comparable properties on the first 50 assignments performed by the trainee and during the first year the trainee holds an active license, all assignments located more than 50 miles from the supervising appraiser's office. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, ATTENTION: Staff Counsel, Indiana Government Center-South, 302 West Washington Street, Room E034, Indianapolis, IN 46204-2700 or via e-mail at email@example.com. Statutory authority: IC 25-34.1-3-8.
- Title 35 Board of Trustees of the Public Employees' Retirement Fund -- #03-131 (PDF)
Adds 35 IAC 11 concerning the pickup of additional member contributions to a member's annuity savings account.
- Title 250 Law Enforcement Training Board -- #02-339 (PDF)
Adds 250 IAC 2 to replace 250 IAC 1, which expired under IC 4-22-2.5, effective January 1, 2003. This comprehensive series of new administrative rules regarding the training of law enforcement officers deals with, among other matters: general provisions; definitions; basic training mandated for law enforcement officers; minimum standards regarding acceptance of persons for training; minimum curriculum, attendance, equipment, and facility requirements; police chief executive training; prebasic training course; inservice training; training status report; reserve police officers; minimum qualifications for instructors; and Indiana Law Enforcement Academy police officers.
- Title 327 Water Pollution Control Board -- #01-51 (PDF)
Amends 327 IAC 5-4-3 and adds 327 IAC 15-15. Under the Clean Water Act, CAFOs are point sources subject to the National Pollutant Discharge Elimination System (NPDES) permit process. This requirement is found in federal regulations at 40 CFR 122.23(a). The term "CAFO" is defined in 40 CFR 122. This language has been adopted in Indiana and is found in the Indiana Administrative Code at 327 IAC 5-4-3 concerning special NPDES programs. Based on a decision from the United States District Court for the Southern District of Indiana, the Indiana Department of Environmental Management (IDEM) is required to select one of three options for pursuing NPDES permits for CAFOs in Indiana. IDEM believes that development of a general permit rule is the most time and resource effective means to comply with this court order. Further, amendments to the federal rules have occurred that require IDEM to update its rules. IDEM has a separate program to regulate confined feeding operations (CFOs). This program is required under IC 13-18-10. However, the requirements of that program do not, in all instances, meet the requirements for a NPDES permit under federal law. IDEM believes the most effective way to address the issue of federal NPDES requirements of the Clean Water Act is in a separate rulemaking that considers all the alternatives available for compliance with the federal requirements. IDEM has amended rule language at 327 IAC 5-4-3 and drafted new rule language for a NPDES general permit for CAFOs at 327 IAC 15-15.
- Title 405 Office of the Secretary of Family and Social Services -- #03-134 (PDF)
Amends 405 IAC 2-8-1 to eliminate the exclusion of a life insurance policy and annuity from the definition of "estate" for Medicaid estate recovery purposes. Amends 405 IAC 2-8-1.1 to reduce the estate recovery exemption for jointly-owned real property from $125,000 to $75,000. Amends 405 IAC 2-10-3 to eliminate the prohibition on filing a lien when an individual who provided care to the Medicaid recipient resides in the home. Amends 405 IAC 2-10-7 to provide that a lien expires unless the Office of Medicaid Policy and Planning commences a foreclosure action within two years of the recipient's death. Adds 405 IAC 2-10-7.1 specifying procedures for voiding the lien. Amends 405 IAC 2-10-8 to eliminate the prohibition on enforcement when a recipient is survived by a parent. Amends 405 IAC 2-10-9 to provide that a lien is subordinate to the security interest of a financial institution that loans money to be used as operating capital for a farm, business, or income-producing property. Adds 405 IAC 2-10-11 to specify that property that is disregarded for eligibility purposes in connection with the purchase and use of a qualified long term care insurance policy is exempt from lien placement and enforcement. Repeals 405 IAC 2-10-10 to eliminate the exemption of $125,000 on property subject to a lien.
- Title 470 Division of Family and Children -- #03-136 (PDF)
Amends 470 IAC 6-2-1 and 470 IAC 6-2-13 to allow for a six month certification period for food stamp recipients pursuant to Section 4109 of the Farm Bill. Amends 470 IAC 6-4.1-4 to simplify changes a recipient must report during this period.
- Title 550 Board of Trustees of the Indiana State Teachers' Retirement Fund -- #03-100 (PDF)
Adds 550 IAC 7 concerning the pickup of additional member contributions to a member's annuity savings account.
- Title 675 Fire Prevention and Building Safety Commission -- #03-71 (PDF)
Amends 675 IAC 14-4.2, the Indiana Residential Code. Amends 675 IAC 17-1.6, the Indiana Electrical Code. Amends 675 IAC 19-3-4 of the Indiana Energy Conservation Code, which applies to detached one and two family dwellings (Class 2 structures) and townhouses. Repeals 675 IAC 14-4.2-89.7, 675 IAC 14-4.2-89.10, 675 IAC 14-4.2-89.11, and 675 IAC 14-4.2-192.
- Title 864 State Board of Registration for Professional Engineers -- #03-125 (PDF)
Amends 864 IAC 1.1-2-2 to revise the minimum education and experience requirements established under IC 25-31-1-12 for admission to the professional engineer examination to address college courses that cover two or more categories. Adds 864 IAC 1.1-14 to establish the requirements for a limited liability company to practice or offer to practice engineering in Indiana.
- Title 865 State Board of Registration for Land Surveyors -- #03-41 (PDF)
Amends 865 IAC 1-13 to revise the continuing education requirements for registered land surveyors. Amends 865 IAC 1-14 to revise the requirements for land surveyors continuing education providers. Repeals 865 IAC 1-13-20 and 865 IAC 1-14-20 to eliminate the provisions that would cause the continuing education rules and continuing education provider rules to expire on August 1, 2004.
- Title 868 State Psychology Board -- #03-60 (PDF)
Adds 868 IAC 2 to establish a list of restricted psychology tests.
- Title 876 Indiana Real Estate Commission -- #03-124 (PDF)
Amends 876 IAC 1-1-19 to establish an application fee for a licensee who submits a transfer application to terminate his or her association with a principal broker.
- Title 905 Alcohol and Tobacco Commission -- #03-94 (PDF)
Amends 905 IAC 1-15.2-3 to clarify the conditions under which a minor in a permit premises that has no bar is considered to be loitering.
- Title 905 Alcohol and Tobacco Commission -- #03-96 (PDF)
Adds 905 IAC 1-35.1 to establish rules regulating the sale of alcoholic beverages at auto race tracks under IC 7.1-3-6-16 and IC 7.1-3-14-6 and to provide definitions and procedures to implement said statutes.
- Title 905 Alcohol and Tobacco Commission -- #03-97 (PDF)
Amends 905 IAC 1-36-2 to include the requirement that an appeal from the commission's determination on a permit must be verified and state the grounds for objection to the commission's action. Clarifies the intervention procedure. Provides that the 15 day period to appeal a determination does not begin until the appellant receives notice of the commission's action.
- Title 68 Indiana Gaming Commission -- #03-132(P) (PDF)
- Title 540 Indiana Education Savings Authority -- #03-112(P) (PDF)
- Title 830 Indiana Dietitians Certification Board -- #03-55(P) (PDF)
IC 13-14-9 Notices
- Title 470 Division of Family and Children -- #02-298 (PDF)
Other Notices (PDF)
Nonrule Policy Documents (PDF)
- Title 326 Air Pollution Control Board -- #03-195 (PDF)
The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to rules 326 IAC 6-1-13 and 326 IAC 7-4-3 concerning deletion of references to decommissioned boilers and their corresponding particulate matter and sulfur dioxide emission limitations at Pfizer Inc. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking.
- Title 326 Air Pollution Control Board -- #03-201 (PDF)
The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to rules 326 IAC 2-10 concerning permit by rule and 326 IAC 2-11 concerning permit by rule for specific source categories. These rules were noticed for readoption in the initial sunset rulemaking (LSA Document #00-44); a request was made that these rules go through the regular, IC 13-14-9, rulemaking process. IDEM seeks comments on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking