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-IR- Database: Indiana Register

Indiana Register - December 1, 2004

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).
December 1, 2004, Volume 28, Number 3, Pages 781-1176 (PDF)
Final Rules
  • Title 170 Indiana Utility Regulatory Commission -- #03-305 (PDF)

    Adds 170 IAC 4-4.2 concerning investor-owned electric utilities providing a net metering program to their residential customers and schools.

  • Title 170 Indiana Utility Regulatory Commission -- #04-68 (PDF)

    Amends 170 IAC 4-1-23 concerning electricity interruptions of service and outage reporting.

  • Title 326 Air Pollution Control Board -- #04-44 (PDF)

    Readopts 326 IAC 2-5.1-1, 326 IAC 2-5.1-2, 326 IAC 2-5.5, 326 IAC 2-6.1, and 326 IAC 2-9.

  • Title 405 Office of the Secretary of Family and Social Services -- #04-142 (PDF)

    Amends 405 IAC 1-1.5-1 to specify that disputes related to claims submitted to Medicaid managed care organizations by Medicaid providers who do not have a contract with the managed care organization are governed by 405 IAC 1-1.6. Adds 405 IAC 1-1.6 to set out the dispute resolution process for disputes related to claims submitted to Medicaid managed care organizations by Medicaid providers who do not have a contract with the managed care organization.

  • Title 410 Indiana State Department of Health -- #03-276 (PDF)

    Amends 410 IAC 6-12 regarding requirements for plan review and construction permits and adds fees for plan review. Repeals 410 IAC 6-12-2, 410 IAC 6-12-5, 410 IAC 6-12-6, and 410 IAC 6-12-15.

  • Title 410 Indiana State Department of Health -- #04-60 (PDF)

    Adds 410 IAC 7-24 to establish minimum standards for the operation of retail food establishments. Repeals 410 IAC 7-20.

  • Title 410 Indiana State Department of Health -- #04-62 (PDF)

    Amends 410 IAC 7-23-1 to update the schedule of civil penalties for retail food production and processing.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #03-231 (PDF)

    Adds 460 IAC 1-10 to describe the caretaker support program and provide for the coordination and administration of the program.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #03-245 (PDF)

    Adds 460 IAC 1.1 concerning home and community based services (HCBS) including qualifications for approved providers of home and community based services; the process by which the division of disability, aging, and rehabilitative services (DDARS)/bureau of aging and in-home services (BAIHS) approves providers; the BAIHS process for monitoring and ensuring compliance with provider standards and requirements; the rights of individuals receiving services; protection of individuals receiving services; standards and requirements for approved providers of home and community based services; and definitions for home and community based services.

  • Title 470 Division of Family and Children -- #03-233 (PDF)

    Adds 470 IAC 3-18 to establish the eligibility requirements and standards child care providers, who want to participate in the Child Care and Development Fund voucher program, must meet, prior to participation in the Child Care and Development Fund voucher program, in order to be eligible to receive a voucher payment under the Child Care and Development Fund voucher program.

  • Title 511 Indiana State Board of Education -- #04-22 (PDF)

    Amends 511 IAC 6.1-5.1-10.1 to add new courses to the approved list of high school courses in agricultural science.

  • Title 511 Indiana State Board of Education -- #04-36 (PDF)

    Amends 511 IAC 6-7-6.5 to make technical corrections. Amends 511 IAC 6.1-5.1-2 through 511 IAC 6.1-5.1-6, 511 IAC 6.1-5.1-8, and 511 IAC 6.1-5.1-9, the lists of approved high school courses, by adding new science and social studies courses, deleting certain courses, creating separate course titles for advanced placement and college credit courses, changing foreign language to world language as the title for that course area, and creating a consistent format across course areas.

  • Title 511 Indiana State Board of Education -- #04-101 (PDF)

    Amends 511 IAC 1-3-1 to add an additional average daily membership or ADM count to be taken on December 1 for all students and an additional count of students enrolled in special education programs be taken on April 1.

  • Title 872 Indiana Board of Accountancy -- #03-270 (PDF)

    Adds 872 IAC 1-6 to establish the requirements and procedures for a quality review program for CPA and PA firms.

  • Title 905 Alcohol and Tobacco Commission -- #03-279 (PDF)

    Adds 905 IAC 1-46 concerning tobacco retail sales certificates.

Errata
  • Title 405 Office of the Secretary of Family and Social Services -- #04-142 (PDF)

  • Title 675 Fire Prevention and Building Safety Commission -- #03-71 (PDF)

Notice of Withdrawal
  • Title 45 Department of State Revenue -- #04-255 (PDF)

Emergency Rules
  • Title 65 State Lottery Commission -- #04-280 (PDF)

    Temporarily adds rules concerning scratch-off number 731.

  • Title 65 State Lottery Commission -- #04-281 (PDF)

    Temporarily adds rules concerning scratch-off game number 732.

  • Title 65 State Lottery Commission -- #04-282 (PDF)

    Temporarily adds rules concerning scratch-off game number 733.

  • Title 65 State Lottery Commission -- #04-283 (PDF)

    Adds 65 IAC 4-349 concerning scratch-off game number 734.

  • Title 65 State Lottery Commission -- #04-284 (PDF)

    Adds 65 IAC 4-352 concerning scratch-off game number 735.

  • Title 312 Natural Resources Commission -- #04-285 (PDF)

    Temporarily amends 312 IAC 9-3-4, which governs hunting of deer by bow and arrows, to allow the taking of a deer of either sex with a crossbow during the late bow season.

Change in Notice of Public Hearing
  • Title 326 Air Pollution Control Board -- #00-236 (PDF)

  • Title 675 Fire Prevention and Building Safety Commission -- #04-56 (PDF)

Notice of Intent to Adopt a Rule
  • Title 45 Department of State Revenue -- #04-292 (PDF)

    Adds 45 IAC 20 concerning the conduct of charity gaming activities by qualified organizations licensed by the department of state revenue. Repeals 45 IAC 18. Statutory authority: IC 4-32-7-3; IC 4-22-8-3.

  • Title 105 Indiana Department of Transportation -- #04-289 (PDF)

    Amends 105 IAC 12 concerning the procurement of supplies and services. The rule will add sections concerning the following: the definitions of "Offer" and "Offeror"; "Public Inspection" of the contract files and what is excluded from public inspection; "Sanctions" for providing false information to the Department; "United States manufactured Product Definition, Policy, Certification and Enforcement"; and the requirements concerning the use of "Steel Products". The rule will also modify sections including, but not limited to, the following: "Withdrawal of bids or proposals"; the cancellation of any bids or proposals; communications with the offeror who submit proposals for a contract; and added language to several sections concerning what is subject to public inspection. The rule will also make changes to clarify sections and make technical changes. Comments on the proposed rule may be sent to the Indiana Department of Transportation, Attn: Michelle C. Hilary, 100 N. Senate Ave. N730, Indianapolis, IN 46204 or by electronic mail to mhilary@indot.state.in.us. Statutory authority: IC 5-22; IC 8-23-2-6.

  • Title 312 Natural Resources Commission -- #04-294 (PDF)

    Amends 312 IAC 11-3-1 to include additional characteristics that would disqualify a pier from treatment under a general license. Included among these disqualifying characteristics are encirclement or isolation of public waters, length in excess of 75 feet, retention in a lake during the winter, obstruction of the free flow of water, lack of permission from the riparian owner, and undue restriction of public use. Questions concerning the proposed rule amendments may be directed to the following telephone number: (317) 232-4699 or e-mail slucas@nrc.in.gov. Statutory authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-26-2-23.

  • Title 345 Indiana State Board of Animal Health -- #04-286 (PDF)

    The rule will amend requirements for the production, transportation, and processing of milk and milk products including updating matters incorporated by reference. Makes other substantive and technical changes in the law of milk and milk products inspection. Comments on the proposed rule may be sent to the Indiana State Board of Animal Health, Attention: Legal Affairs, 805 Beachway Drive, Suite 50, Indianapolis, IN 46224 or by electronic mail to ghaynes@boah.state.in.us. Statutory authority: IC 15-2.1-3-19; IC 15-2.1-23-6.

  • Title 345 Indiana State Board of Animal Health -- #04-287 (PDF)

    The rule will add controls on the movement of cervid carcasses and parts and cervid products into the state to control chronic wasting disease. Comments on the proposed rule may be sent 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.in.gov. Statutory authority: IC 15-2.1-3-19.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #04-296 (PDF)

    Adds 460 IAC 9 concerning adult foster care services under the family and social services administration. Included are sections regarding provider requirements, including eligibility, enrollment, certification, training, and care and service standards. The rule provides for consumer eligibility requirements, both medical and financial, as well as provisions regarding an assessment tool and consumer rights. The rule addresses case manager responsibilities. It also includes sections for quality assessment, monitoring, and provider compliance. Necessary definitions are also part of the rule. 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.

  • Title 470 Division of Family and Children -- #04-298 (PDF)

    Amends 470 IAC 3-11 and 470 IAC 3-12 to alter various provisions. Statutory authority: IC 12-13-5-3; IC 12-17.4-2-4.

  • Title 655 Board of Firefighting Personnel Standards and Education -- #04-297 (PDF)

    The proposed addition to 655 IAC 1 is for the purpose of adding certification for National Incident Management System - First Responder and making conforming section changes. Statutory authority: IC 22-12-7-7; IC 22-14-2-7.

  • Title 816 Board of Barber Examiners -- #04-291 (PDF)

    Amends 816 IAC 1-2-18 to allow barber school students to transfer from one barber school to another barber school without board approval and to establish the transfer process. Questions or comments concerning the proposed rule may be directed to: Indiana Professional Licensing Agency, ATTENTION: Board Director, Indiana Government Center-South, 302 West Washington Street, Room E034, Indianapolis, Indiana 46204-2700 or by electronic mail at pla12@pla.state.in.us. Statutory authority: IC 25-7-5-14; IC 25-7-5-15.

  • Title 836 Indiana Emergency Medical Services Commission -- #04-288 (PDF)

    Adds 836 IAC 5 to establish requirements and provisions applicable to the certification and regulation of emergency medical dispatch agencies and emergency medical dispatchers to implement IC 16-31-3.5. Questions or comments on the adoption may be directed by mail to the Indiana Emergency Medical Services Commission, Indiana Government Center-South, 302 W. 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; IC 16-31-3.5-7.

  • Title 872 Indiana Board of Accountancy -- #04-290 (PDF)

    Amends 872 IAC 1-2-1 to address the ethical requirements for licensees by incorporating by reference the July 1, 2004, pronouncements on professional standards of the American Institute of Certified Public Accountants (to apply to certified public accountants) and the May 1, 2003, Rules of Professional Conduct of the National Society of Accountants (to apply to accounting practitioners and public accountants). Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, ATTENTION: Board Director, Indiana Government Center-South, 302 West Washington Street, Room E034, Indianapolis, Indiana 46204-2700 or by electronic mail at pla1@pla.state.in.us. Statutory authority: IC 25-2.1-2-15.

  • Title 888 Indiana Board of Veterinary Medical Examiners -- #04-295 (PDF)

    Amends 888 IAC 1.1-8-3 to revise the passing examination score on the veterinary technology examination for veterinary technicians. Effective 30 days after filing with the secretary of state. Questions or comments concerning the proposed rule may be directed to: Indiana Board of Veterinary Medical Examiners, ATTENTION: Board Director, Indiana Government Center-South, 402 West Washington Street, Room W066, Indianapolis, Indiana 46204 or by electronic mail at cvaught@hpb.state.in.us. Statutory authority: IC 15-5-1.1-8.

Proposed Rules
  • Title 28 State Information Technology Oversight Commission -- #04-123 (PDF)

    Adds 28 IAC concerning the purchasing and maintaining of information technology products to be compliant with Section 508 of the Rehabilitation Act standards.

  • 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.

  • Title 312 Natural Resources Commission -- #04-210 (PDF)

    Adds 312 IAC 5-6-5.5 concerning special watercraft restrictions on public freshwater Lake Manitou in Fulton County to establish a zone within a shallow area of the lake containing emergent vegetation and commonly known as "the Prairie", within which zone boats are limited to idle speed, their motors must be turned off, and anchoring is prohibited.

  • Title 315 Office of Environmental Adjudication -- #04-70 (PDF)

    Amends 315 IAC 1-2-1 and 315 IAC 1-3 and adds 315 IAC 1-3-2.1 and 315 IAC 1-3-15 concerning errata, a change in address, clarifications regarding amendment of pleadings, filing procedures, and changes in judge and status determinations.

  • Title 326 Air Pollution Control Board -- #04-235 (PDF)

    Adds 326 IAC 20-82 to incorporate by reference the national emission standards for hazardous air pollutants for stationary reciprocating internal combustion engines.

  • Title 326 Air Pollution Control Board -- #04-236 (PDF)

    Adds 326 IAC 20-83 through 326 IAC 20-88 to incorporate by reference the National Emission Standards for Hazardous Air Pollutants (NESHAPs) for organic liquid distribution (non-gasoline); miscellaneous organic chemical manufacturing; surface coating of automobiles and light duty trucks; surface coating of metal cans; site remediation; and miscellaneous coating manufacturing.

  • Title 345 Indiana State Board of Animal Health -- #04-158 (PDF)

    Adds 345 IAC 6-2 to establish procedures for importing horses from contagious equine metritis (CEM) regions to approved CEM quarantine facilities including quarantine and testing procedures.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #04-75 (PDF)

    Adds 460 IAC 1-3.4 concerning funding for applicants or recipients of services provided under the Residential Care Assistance Program out of the available program appropriation.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #04-136 (PDF)

    Adds 460 IAC 1-11 to provide for the posting of notices at housing with services establishments, area agencies on aging, and centers for independent living that advise residents of their rights, and for procedures for residents and their representatives to file complaints concerning violations of filing disclosure requirements.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #04-199 (PDF)

    Amends 460 IAC 1-8-3 to add to the list of those who are precluded from providing attendant care services. Adds 460 IAC 1-8-11 through 460 IAC 1-8-13 regarding the hire of a fiscal agent by an individual in need of self-directed in-home care who has hired a personal services attendant, including duties, methods of payment for a personal services attendant and fiscal agent, and record keeping requirements.

  • Title 655 Board of Firefighting Personnel Standards and Education -- #04-138 (PDF)

    Amends 655 IAC 1-1-5.1, 655 IAC 1-2.1, and 655 IAC 1-4-2 to amend general administrative rules, certification programs and certifications, update certain National Fire Protection Association Standards, amend the mandatory training program and the mandatory training requirements, and make conforming section changes.

  • Title 675 Fire Prevention and Building Safety Commission -- #04-196 (PDF)

    Adds 675 IAC 22-2.2-26 to adopt NFPA 1126, Standard for the Use of Pyrotechnics before a Proximate Audience, 2001 edition, published by the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts, together with all amendments adopted by the commission and, under IC 35-47.5-4-4.5, adds 675 IAC 26 to govern the use of a regulated explosive and establish requirements for the issuance of a license for the use of a regulated explosive.

  • Title 675 Fire Prevention and Building Safety Commission -- #04-227 (PDF)

    Adds 675 IAC 15-1.1 through 675 IAC 15-1.7, Administrative Rules for Industrialized Building Systems and Mobile Structures. Repeals 675 IAC 15-1.

  • Title 804 Board of Registration for Architects and Landscape Architects -- #04-156 (PDF)

    Amends 804 IAC 1.1-1-1 to revise the definition of valid certificate. Adds 804 IAC 1.1-8 to establish the continuing education requirements for registered architects and landscape architects.

  • Title 820 State Board of Cosmetology Examiners -- #04-254 (PDF)

    Amends 820 IAC 4-3-1 to establish the education and examination requirements for an instructor license to allow an instructor licensed under IC 25-8-6, IC 25-8-6.1, or IC 25-8-6.2 to qualify for another instructor license without further instructor education or examination provided the licensed instructor meets licensing and experience requirements and to revise the licensing requirements for an individual teaching manicuring in a cosmetology school.

  • Title 865 State Board of Registration for Land Surveyors -- #04-175 (PDF)

    Amends 865 IAC 1-11-1 to revise the fees charged and collected by the board.

  • Title 878 Home Inspectors Licensing Board -- #04-191 (PDF)

    Adds 878 IAC concerning definitions, minimum standards of competent performance and code of ethics, fees and licensure requirements, prelicensing course providers, and continuing education.

Readopted Rules
  • Title 685 Regulated Amusement Device Safety Board -- #04-124 (PDF)

  • Title 760 Department of Insurance -- #04-143 (PDF)

AROC Notices
  • Title 655 Board of Firefighting Personnel Standards and Education -- (PDF)

  • Title 804 Board of Registration for Architects and Landscape Architects -- (PDF)

  • Title 828 State Board of Dentistry -- (PDF)

  • Title 879 Manufactured Home Installer Licensing Board -- (PDF)

IC 13-14-9 Notices
  • Title 326 Air Pollution Control Board -- #04-299 (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to 326 IAC 1-1-3 concerning references to the Code of Federal Regulations (CFR) to update any references to the CFR in Title 326 of the Indiana Administrative Code (IAC) to mean the July 1, 2004, edition. This change will have the effect of updating every rule in Title 326 of the IAC that incorporates the CFR to ensure it is consistent with the federal rule, except for rules in which a CFR edition is mentioned by a specific year. IDEM also has drafted language to amend 326 IAC 1-1-3.5 concerning references to the compilation of air pollution emission factors AP-42 and supplements. IDEM has scheduled a public hearing before the air pollution control board for consideration of preliminary adoption of these rules.

  • Title 326 Air Pollution Control Board -- #04-300 (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for new rules to incorporate by reference the National Emission Standards for Hazardous Air Pollutants (NESHAPs) for stationary combustion engines; lime manufacturing plants; iron and steel foundries; integrated iron and steel manufacturing; and mercury cell chlor-alkali plants and has scheduled a public hearing/meeting before the air pollution control board (board) for consideration of preliminary adoption of these rules.

  • Title 327 Water Pollution Control Board -- #04-293 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to rules 327 IAC 13, concerning the wastewater state revolving fund loan, and 327 IAC 14, concerning the drinking water state revolving fund loan programs. IDEM seeks comment on the affected citations listed and any other provisions of Title 327 that may be affected by this rulemaking.

Nonrule Policy Documents (PDF)