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-IR- Database: Indiana Register

Indiana Register - January 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).
January 1, 2005, Volume 28, Number 4, Pages 1177-1446 (PDF)
Final Rules
  • Title 326 Air Pollution Control Board -- #04-148 (PDF)

    Amends 326 IAC 1-4-1 concerning attainment status designations for the 8-hour ozone national ambient air quality standard.

  • Title 872 Indiana Board of Accountancy -- #04-171 (PDF)

    Amends 872 IAC 1-1-6.1 to revise the educational requirements for first time CPA examination candidates to address the semester hours in accounting, business administration, and economics courses at the undergraduate and graduate level.

Errata
  • Title 329 Solid Waste Management Board -- #01-161 (PDF)

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

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

Emergency Rules
  • Title 65 State Lottery Commission -- #04-301 (PDF)

    Temporarily adds rules concerning scratch-off game number 736.

  • Title 65 State Lottery Commission -- #04-302 (PDF)

    Temporarily adds rules concerning scratch-off game number 737.

  • Title 65 State Lottery Commission -- #04-303 (PDF)

    Temporarily adds rules concerning scratch-off game number 738.

  • Title 65 State Lottery Commission -- #04-304 (PDF)

    Temporarily adds rules concerning scratch-off game number 739.

  • Title 65 State Lottery Commission -- #04-305 (PDF)

    Temporarily adds rules concerning pull-tab game number 025.

  • Title 65 State Lottery Commission -- #04-306 (PDF)

    Temporarily adds rules concerning pull-tab game number 024.

  • Title 312 Natural Resources Commission -- #04-307 (PDF)

    Temporarily amends 312 IAC 18-3 under the article pertaining to entomology and plant pathology to regulate the emerald ash borer (Agrilus planipennis) as a pest or pathogen, to provide standards for quarantine in Jamestown Township and Millgrove Township in Steuben County, as well as Clay Township and Van Buren Township in LaGrange County, which are infested with the species, and to add a definition of "eradication area". Repeals LSA Document #04-264(E), printed at 28 IR 616 (November 1, 2004).

  • Title 312 Natural Resources Commission -- #04-308 (PDF)

    Temporarily amends 312 IAC 9-4-5, which governs annual seasons, bag limits, hunting restrictions, and shooting hours for taking geese, to establish provisions in spring 2005 for taking lesser snow geese and Ross's geese in support of a federal effort to control the numbers of these mid-continent light geese (MCLG).

  • Title 312 Natural Resources Commission -- #04-314 (PDF)

    Repeals LSA Document #04-262(E), which closed a portion of the East Fork, White River and properties managed by the Department of Natural Resources in proximity to Williams Dam, in order to perform repairs, which are now suspended due to high water levels and not expected to resume until the summer of 2005, to Williams Dam.

  • Title 312 Natural Resources Commission -- #04-315 (PDF)

    Temporarily amends 312 IAC 9 with respect to the taking of beavers at Pokagon State Park and Shakamak State Park because the director of the department of natural resources, with awareness that the regulation of wild animals in Indiana is the responsibility of the department of natural resources and that the director is responsible for controlling wild animals in a state park if the wild animals pose an unusual hazard to the health or safety of one or more individuals, finds that beavers are causing damage to plant communities by raising water levels in a dedicated nature preserve and flooding portions of the hiking trails and associated boardwalks at Pokagon State Park and that beavers within Shakamak State Park have cut down trees along the lakeshore in the recreation area causing water to back up in the outlet stream of Lake Kickapoo onto the toe of the dam.

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

Change in Notice of Public Hearing
  • Title 327 Water Pollution Control Board -- #03-130 (PDF)

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

Notice of Intent to Adopt a Rule
  • Title 45 Department of State Revenue -- #04-324 (PDF)

    Adds 45 IAC 3.1-1-155 concerning the capital investment tax credit as it applies to businesses located in Shelby County. Statutory authority: IC 6-3.1-13.5-13.

  • Title 355 State Chemist of the State of Indiana -- #04-309 (PDF)

    The rule will amend 355 IAC 4-2 to delete reference to a turf pest control technician examination that no longer exists and to delete the requirement to have both an applicant's and his or her supervisor's signature on an application form to become a registered technician. Questions concerning the proposed rule may be directed to David Scott at (765) 494-1587, or scottde@purdue.edu, or the Office of the Indiana State Chemist, 175 South University Street, West Lafayette, Indiana, 47907-2063. Statutory authority: IC 15-3-3.5-11; IC 15-3-3.6-4; IC 15-3-3.6-10.1.

  • Title 355 State Chemist of the State of Indiana -- #04-310 (PDF)

    Amends 355 IAC 4-5 to clarify activities authorized to be performed by individuals holding a category 7b for hire applicator license or technician registration, to add a definition of termiticide, to clarify the type and scope of information required to be kept as part of the termiticide application records, to add a requirement for applicators to file customer disclosure forms with the state chemist, to delete the one year experience and termiticide application record submission requirement for licensing, to delete redundant technician registration procedures that are addressed more accurately in another rule, and to delete redundant noncertified applicator supervision requirements that are addressed more accurately in another rule. Questions regarding the proposed rule may be directed to David Scott at (765) 494-1587, or scottde@purdue.edu or the Office of Indiana State Chemist, 175 South University Street, West Lafayette, Indiana, 47907-2063. Statutory authority: IC 15-3-3.6-4; IC 15-3-3.6-5.

  • Title 355 State Chemist of the State of Indiana -- #04-311 (PDF)

    This rule will amend 355 IAC 4-6 to delete redundant licensed applicator for hire supervision requirements that are addressed more accurately in another rule, to delete redundant technician registration procedures that are addressed more accurately in another rule, and to delete redundant uncertified applicator supervision requirements that are addressed more accurately in another rule. Questions regarding the proposed rule may be directed to David Scott at (765) 494-1587, or scottde@purdue.edu or the Office of Indiana State Chemist, 175 South University Street, West Lafayette, Indiana, 47907-2063. Statutory authority: IC 15-3-3.6-5.

  • Title 355 State Chemist of the State of Indiana -- #04-312 (PDF)

    The proposed rules provide editorial and technical revisions to the general provisions and bulk storage containment rules under the Indiana commercial fertilizer law. The primary focus of revision is in rule 2, dealing with containment of liquid and dry fertilizer materials. These changes provide consistency with the recently revised pesticide containment rules and clarification on handling of fluid and dry fertilizer with specific emphasis on prohibition of drains in containment areas and requirement for prompt cleanup of material in storage areas. Questions concerning the proposed rules may be directed to Michael R. Hancock at (765) 494-1547, or the Office of Indiana State Chemist, Purdue University, 175 S. University Street, West Lafayette, Indiana 47907-2063. Statutory authority: IC 15-3-3-12.

  • Title 405 Office of the Secretary of Family and Social Services -- #04-319 (PDF)

    Amends 405 IAC 2-2-3 to change the Medicaid disability durational requirement from four years to 12 months. This change is being made to conform to IC 12-14-15-1 as amended by P.L.218-2003, SECTION 1, effective July 1, 2003. Amends 405 IAC 2-9 to specify that, in order to be eligible for Medicaid for employees with disabilities, an individual must have monthly earned income that exceeds the $65 earned income disregard. This requirement will not apply to recipients who are temporarily involuntarily unemployed as set out in 405 IAC 2-9-5(c). Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-41-15.

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

    Amends 405 IAC 1-1-3 and 405 IAC 2-3-10 and adds new rules governing procedures for the automation of Medicaid spend-down eligibility determinations. Instead of the local Offices of Family and Children manually accounting for the recipients' incurred medical expenses and establishing a specific Medicaid effective date each month, providers will submit claims for medical services rendered to the Medicaid fiscal contractor who will deduct the spend-down amount and pay the claims accordingly. Will specify conditions under which providers can bill Medicaid recipients for all or part of the spend-down amount. Will specify procedures for certain types of medical expenses that cannot be handled through the automated process, such as the recipients' bills incurred prior to the Medicaid covered period or by non-Medicaid providers, and bills for nonrecipient spouses. Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-21-2.

  • Title 470 Division of Family and Children -- #04-316 (PDF)

    Amends 470 IAC 3-11, 470 IAC 3-12, 470 IAC 3-14, and 470 IAC 3-15 to alter various provisions. Statutory authority: IC 12-13-5-3; IC 12-17.4-2-4.

  • 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. Effective 30 days after filing with the secretary of state. Statutory authority: IC 20-1-1-6; IC 20-1-1.2-18.

  • Title 675 Fire Prevention and Building Safety Commission -- #04-323 (PDF)

    To amend the 2003 Indiana Building Code, 675 IAC 13-2.4, and the 2003 Indiana Fire Code, 675 IAC 22-2.3, by adopting the latest editions of NFPA Standards 10, 11, 12, 15, 17, 17A, 25, 33, 34, 37, 50, 50B, 51, 51B, 52, 59, 59A, 72, 82, 86, 385, 407, 704, 1123, and 2001. To repeal outdated editions of the foregoing NFPA standards. 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 22-13-2-2; IC 22-13-2-13.

  • Title 820 State Board of Cosmetology Examiners -- #04-322 (PDF)

    Amends 820 IAC 2-2-3 to establish the procedures for examination candidates that fail to successfully pass the state board examinations under IC 25-8 after three years. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Attn.: Board Director, 302 West Washington Street, Room E034, Indianapolis, IN 46204-2700 or via e-mail at pla12@pla.state.in.us. Statutory authority: IC 25-1-8-5.

  • Title 836 Indiana Emergency Medical Services Commission -- #04-313 (PDF)

    Amends 836 IAC 1 to add definitions relating to emergency medical dispatch. 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 Indiana Code 16-31-3.5. Moves 836 IAC 1-4-1 to 836 IAC 5 and makes appropriate technical and substantive amendments. 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.in.gov. 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 844 Medical Licensing Board of Indiana -- #04-325 (PDF)

    Amends 844 IAC 5-1 and 844 IAC 5-2 to clarify the standards of professional conduct and competent practice of medicine. Questions or comments concerning the proposed rules may be directed to: Medical Licensing Board of Indiana, Health Professions Bureau, Attn: Board Director, 402 West Washington Street, Room W066, Indianapolis, IN 46204 or via e-mail at ajones@hpb.in.gov. Statutory authority: IC 25-22.5-2-7.

Proposed Rules
  • Title 312 Natural Resources Commission -- #04-177 (PDF)

    Adds 312 IAC 18-3-18 concerning entomology and plant pathology to regulate the emerald ash borer (Agrilus planipennis) as a pest or pathogen, to provide standards for quarantine in a county infested with the species, and to provide standards for quarantine of areas infested with the species.

  • Title 312 Natural Resources Commission -- #04-263 (PDF)

    Amends 312 IAC 3-1-7, which governs the filing and service of pleadings and documents with the natural resources commission under IC 4-21.5, to conform the rule section to IC 4-21.5 with respect to private carriers, to authorize filing and service to be made by U.S. priority or express mail, and to recognize notice and service by publication. Makes other technical changes.

  • Title 312 Natural Resources Commission -- #04-270 (PDF)

    Amends 312 IAC 18-3-12, which governs standards for the control of larger pine shoot beetles, by adding Decatur County, Jennings County, Ripley County, Union County, and Vigo County to the quarantine area.

  • Title 327 Water Pollution Control Board -- #04-13 (PDF)

    Amends drinking water rules at 327 IAC 8-2, 327 IAC 8-2.1, and 327 IAC 8-2.6 concerning radionuclides, long term 1 enhanced surface water treatment, arsenic, minor corrections to interim enhanced surface water treatment, disinfectants and disinfection byproducts, lead and copper, public notification, and analytical methods for public drinking water systems.

  • Title 327 Water Pollution Control Board -- #04-228 (PDF)

    Adds 327 IAC 17 concerning state regulated wetlands and wetland activity permits.

  • Title 329 Solid Waste Management Board -- #04-256 (PDF)

    Amends 329 IAC 10-2-112 and adds 329 IAC 10-11-6.5 concerning a minor modification to a municipal solid waste landfill permit for research, development, and demonstration and to incorporate federal language, with minor wording changes, into the Indiana rules.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #04-269 (PDF)

    Adds 460 IAC 3.5-2-3 to require providers to submit a closeout report to provide actual cost information that is not currently available, which will assist the division in its required annual review of adult day service reimbursement rates.

  • Title 511 Indiana State Board of Education -- #04-277 (PDF)

    Adds 511 IAC 6-7.1, effective with the graduating class of 2009, to adopt new minimum high school graduation requirements, adopt new Core 40 diploma requirements, and adopt Core 40 with academic honors and Core 40 with technical honors diplomas to replace the current academic honors diploma.

  • Title 675 Fire Prevention and Building Safety Commission -- #04-217 (PDF)

    Amends 675 IAC 18-1.4, the 2003 Indiana Mechanical Code, to make numerous substantive and clarifying changes.

  • Title 675 Fire Prevention and Building Safety Commission -- #04-218 (PDF)

    Amends 675 IAC 25-1, the 2003 Indiana Fuel Gas Code, to make numerous substantive and clarifying changes.

  • Title 760 Department of Insurance -- #04-140 (PDF)

    Amends 760 IAC 1-21 regarding definitions, filing of proof of financial responsibility, use of insurance and means other than insurance for proof of financial responsibility, certificates of insurance, deposits, reserves, surcharge payment and amount, corporations as qualified health care providers, the annual aggregate, settlement of claims and communication between the Department of Insurance and the health care provider.

Readopted Rules
  • Title 140 Bureau of Motor Vehicles -- #04-162 (PDF)

  • Title 170 Indiana Utility Regulatory Commission -- #04-163 (PDF)

  • Title 312 Natural Resources Commission -- #03-315 (PDF)

  • Title 905 Alcohol and Tobacco Commission -- #04-14 (PDF)

  • Title 905 Alcohol and Tobacco Commission -- #04-109 (PDF)

AROC Notices
  • Title 905 Alcohol and Tobacco Commission -- (PDF)

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

IC 13-14-9 Notices
  • Title 326 Air Pollution Control Board -- #04-200 (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to 326 IAC 10-3 (Nitrogen Oxides Reduction Program for Specific Source Categories) and 326 IAC 10-4 (Nitrogen Oxides Budget Trading Program) and is proposing to add 326 IAC 10-5 (Nitrogen Oxide Reduction Program for Internal Combustion Engines (ICE)) concerning the nitrogen oxides (NOx) state implementation plan (SIP) call, Phase II rule. 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 326 that may be affected by this rulemaking.

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

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to 326 IAC 6.8-2-4 (formerly 326 IAC 6-1-10.1) concerning particulate matter emission limitations (PM10) for coil manufacturing processes at ASF-Keystone, Inc., located in Hammond, Indiana. 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 326 that may be affected by this rulemaking.

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

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to 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 concerning simplification of the construction permitting requirements for small systems, which are designed to reduce the regulatory burden on those same small systems. The public water systems primarily affected by the proposed amendments are transient noncommunity public water systems that use wells and serve two hundred fifty (250) people or less. The amendments also update standards that are incorporated by reference in these rules. 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 -- #04-320 (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for a new rule concerning state permits for the construction of water pollution treatment/control facilities and sanitary sewers. 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 327 that may be affected by this rulemaking.

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

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for an amendment to a rule excluding a hazardous waste from regulation under 329 IAC 3.1-5-2 (delisting). This delisting was granted in 2001 to Heritage Environmental Services LLC for treated electric arc furnace dust produced at Nucor Steel, Division of Nucor Corporation, located in Crawfordsville, Indiana. The purpose of this notice is to publish the commissioner's tentative recommendation for rulemaking to increase the amount of hazardous waste excluded under this delisting and to seek public comment on the recommendation and 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 329 that may be affected by this rulemaking.

Other Notices (PDF)
    Nonrule Policy Documents (PDF)