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-IR- Database: Indiana Register

Indiana Register - January 1, 2006

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 PDF format by clicking on (PDF).

January 1, 2006, Volume 29, Number 4, Pages 1197-1528 (PDF)
Final Rules
  • Title 25 Indiana Department of Administration -- #05-123 (PDF)

    Adds 25 IAC 6 to establish rules regulating the registration of executive branch lobbyists.

  • Title 42 Office of the Inspector General -- #05-124 (PDF)

    Adds 42 IAC to establish the Indiana code of ethics.

  • Title 405 Office of the Secretary of Family and Social Services -- #05-76 (PDF)

    Amends 405 IAC 5-24-4 to revise the Medicaid reimbursement methodology for payment of legend drugs. Amends 405 IAC 5-24-5 to amend the Medicaid reimbursement methodology for insulin. Makes other nonsubstantive changes.

  • Title 407 Office of the Children's Health Insurance Program -- #05-155 (PDF)

    Amends 407 IAC 2-2-3 to eliminate the two-year time limit on the collection of past due premiums.

  • Title 407 Office of the Children's Health Insurance Program -- #05-156 (PDF)

    Amends 407 IAC 2-3-1 to increase the monthly premium amount an individual's family must pay to receive benefits under the program.

  • 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).

Notice of Recall
  • Title 42 Office of the Inspector General -- #05-124 (PDF)

  • Title 405 Office of the Secretary of Family and Social Services -- #05-114 (PDF)

Notice of Withdrawal
  • Title 655 Board of Firefighting Personnel Standards and Education -- #05-103 (PDF)

Emergency Rules
  • Title 65 State Lottery Commission -- #05-333 (PDF)

    Temporarily adds rules concerning scratch-off game number 788.

  • Title 65 State Lottery Commission -- #05-334 (PDF)

    Temporarily adds rules concerning scratch-off game number 784.

  • Title 65 State Lottery Commission -- #05-335 (PDF)

    Temporarily adds rules concerning scratch-off game number 786.

  • Title 65 State Lottery Commission -- #05-336 (PDF)

    Temporarily adds rules concerning scratch-off game number 785.

  • Title 65 State Lottery Commission -- #05-342 (PDF)

    Temporarily adds rules concerning pull-tab game number 066.

  • Title 65 State Lottery Commission -- #05-343 (PDF)

    Temporarily adds rules concerning pull-tab game number 065.

  • Title 405 Office of the Secretary of Family and Social Services -- #05-337 (PDF)

    Temporarily adds rules to implement a program to complement the federal Medicare Prescription Drug Benefit and to establish program eligibility and enrollment guidelines.

  • Title 410 Indiana State Department of Health -- #05-326 (PDF)

    Temporarily amends provisions and adds provisions to include serious adverse event reporting to the requirements for a hospital's quality assessment and improvement program. Temporarily adds provisions to include serious adverse event reporting to the requirements for an ambulatory outpatient surgical center's quality assessment and improvement program. Temporarily adds various definitions. Authority: IC 4-22-2-37.1; IC 16-19-3-4; IC 16-21-1-7.

  • Title 410 Indiana State Department of Health -- #05-327 (PDF)

    Temporarily adds provisions to establish rules regarding admission, maintenance, and discharge of residents of the Indiana Veterans' Home. Authority: IC 4-22-2-37.1; IC 16-19-3-5.

Change in Notice of Public Hearing
  • Title 105 Indiana Department of Transportation -- #05-161 (PDF)

  • Title 326 Air Pollution Control Board -- #04-181 (PDF)

  • Title 326 Air Pollution Control Board -- #05-117 (PDF)

  • Title 865 State Board of Registration for Land Surveyors -- #05-82 (PDF)

Notice of Intent to Adopt a Rule
  • Title 45 Department of State Revenue -- #05-359 (PDF)

    Adds provisions to implement a quality assessment on health facilities that are not Medicaid-enrolled nursing facility providers as authorized by Public Law 186-2005 (HEA 1662). Statutory authority: IC 6-8.1-3-3; P.L.186-2005. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Thomas D. Conley, Administrator, Tax Policy Division, Department of Revenue, 100 N. Senate Avenue, Room N248, Indianapolis, IN 46204, (317) 232-7282, tconley@dor.state.in.us

  • Title 312 Natural Resources Commission -- #05-341 (PDF)

    Amends 312 IAC 13 governing water well drilling contractors to make several substantive and technical changes. New grouting requirements are applied to geothermal heat pump wells. Numerical diameter requirements for a monitoring well are replaced by a functionality requirement. Modifications are made to standards for a filter pack seal in a monitoring well. Standards are established for a monitoring well constructed by the direct push method. For a cover on a bucket well or a hand dug well that was abandoned before January 1, 1988, lumber is no longer authorized if treated with chromium copper arsenic salt. Other technical changes are made. Public questions and comments may be sent to the Division of Hearings, Natural Resources Commission, Indiana Government Center-South, 402 West Washington Street, Room W272, Indianapolis, IN 46204, by e-mail at slucas@nrc.in.gov, or by telephone at (317) 233-3322. Statutory authority: IC 25-39-4. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Mark Basch, Department of Natural Resources, Division of Water, Room W264, Indianapolis, IN 46204, (877) 928-3755 or (317) 232-154, mbasch@dnr.in.gov

  • Title 312 Natural Resources Commission -- #05-344 (PDF)

    Amends 312 IAC 8-2-8 to provide for the use of motorized carts at state parks and recreation areas consistent with amendments to IC 14-19-1-1 that were set forth in HEA 1765 (P.L.225-2005, SECTION 15). Public questions and comments may be sent to the Division of Hearings, Natural Resources Commission, Indiana Government Center-South, 402 West Washington Street, Room W272, Indianapolis, IN 46204, by e-mail at slucas@nrc.in.gov, or by telephone at (317) 233-3322. Statutory authority: IC 14-10-2-4; IC 14-19-1-1. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: John Bergman, Department of Natural Resources, Division of State Parks and Reservoirs, Indiana Government Center-South, 402 West Washington Street, Room W298, Indianapolis, IN 46204, (317) 232-4131, jbergman@dnr.in.gov

  • Title 407 Office of the Children's Health Insurance Program -- #05-347 (PDF)

    Amends 407 IAC 3 to add coverage for community mental health rehabilitation services (Medicaid rehabilitation option). Questions or comments concerning the proposed rule may be directed to the Small Business Regulatory Coordinator for the rule. Statutory authority: IC 12-17.6-2-11. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Ann Alley, Director, Office of the Children's Health Insurance Program, Indiana Government Center-South, 402 W. Washington Street, Room W-382, Indianapolis, IN 46204, (317) 232-4390, ann.alley@fssa.in.gov

  • Title 515 Advisory Board of the Division of Professional Standards -- #05-338 (PDF)

    Amends 515 IAC 8-1 to add a definition to reflect that the responsibility for teacher licensing has been transferred to the Department of Education, make revisions to 515 IAC 8-1-21, and add a clarifying statement and make revisions to 515 IAC 8-1-35. Statutory authority: IC 20-28-2-6. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Shawn Sriver, Director, Division of Professional Standards, Indiana Department of Education, Room 229, State House, Indianapolis, IN 46204, (317) 232-9014, ssriver@psb.in.gov

  • Title 515 Advisory Board of the Division of Professional Standards -- #05-339 (PDF)

    Amends 515 IAC 9-1 to add a definition to reflect that the responsibility for teacher licensing has been transferred to the Department of Education and make revisions to 515 IAC 9-1-2. Repeals 515 IAC 1-2-2. Statutory authority: IC 20-28-2-6. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Shawn Sriver, Director, Division of Professional Standards, Indiana Department of Education, Room 229, State House, Indianapolis, IN 46204, (317) 232-9014, ssriver@psb.in.gov

  • Title 515 Advisory Board of the Division of Professional Standards -- #05-340 (PDF)

    Amends 515 IAC 12-1 to reflect that the responsibility for teacher licensing has been transferred to the Department of Education and include a clarifying statement regarding the time that continuing education must be completed under this license. Statutory authority: IC 20-28-2-6. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Shawn Sriver, Director, Division of Professional Standards, Indiana Department of Education, Room 229, State House, Indianapolis, IN 46204, (317) 232-9014, ssriver@psb.in.gov

  • Title 675 Fire Prevention and Building Safety Commission -- #05-348 (PDF)

    The proposed rule amends 675 IAC 14-4.3, the 2005 Indiana Residential Code, Section R602.10.5, to clarify the intent and interpretation of that section. Public comments are invited and may be directed to the Indiana Department of Homeland Security, Code Services Section, Attn: Mara Snyder, Indiana Government Center-South, 302 West Washington Street, Rm. E243, Indianapolis, Indiana 46204. Statutory authority: IC 22-13-2-2; IC 22-13-2-13. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Mara Snyder, Legal and Code Services, Indiana Department of Homeland Security, Indiana Government Center-South, 302 W. Washington Street, Rm. E243, Indianapolis, Indiana 46204, (317) 233-5341, msnyder@dhs.in.gov

  • Title 760 Department of Insurance -- #05-349 (PDF)

    To adopt the standards contained in the National Association of Insurance Commissioners model law regarding property and casualty actuarial opinions. Written comments should be addressed to Amy Strati, Chief Counsel, Department of Insurance, 311 W. Washington Street, Indianapolis, IN 46204. Statutory authority: IC 27-1-3-7. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Amy Strati, Chief Counsel, Department of Insurance, 311 W. Washington Street, Indianapolis, IN 46204, (317) 232-143, astrati@doi.state.in.us

  • Title 760 Department of Insurance -- #05-350 (PDF)

    To amend 760 IAC 1-61 regarding licensure and regulation of viatical settlement agents, brokers, and providers and contracts and disclosures, reporting, sales practices, and definitions and to otherwise implement IC 27-8-19.8. Written comments should be addressed to Amy Strati, Chief Counsel, Department of Insurance, 311 W. Washington Street, Indianapolis, IN 46204. Statutory authority: IC 27-8-19.8-26. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Amy Strati, Chief Counsel, Department of Insurance, 311 W. Washington Street, Indianapolis, IN 46204, (317) 232-143, astrati@doi.state.in.us

  • Title 812 Indiana Auctioneer Commission -- #05-345 (PDF)

    Amends 812 IAC 3-1 concerning continuing education requirements to revise the number of continuing education hours and elective hours for renewal to bring the requirements into conformity with statutory changes, to modify the requirements for certificate of completion, and to allow instruction for an approved distance learning education course to be more than eight hours of instruction in one day. Adds 812 IAC 3-2 to establish distance learning continuing education requirements and procedures for auctioneers and to establish the requirements and procedures for the approval of 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 pla11@pla.in.gov. Statutory authority: IC 25-6.1-2-5. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Deborah Widemon, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-3050, dwidemon@pla.in.gov

  • Title 879 Manufactured Home Installer Licensing Board -- #05-346 (PDF)

    Adds 879 IAC 1-4-3 to establish the types of experience needed to qualify for a manufactured home installer's license as required by IC 25-23.7-5-2. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Attention: Board Director, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at pla11@pla.in.gov. Statutory authority: IC 25-23.7-3-8. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Deborah Widemon, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-3050, dwidemon@pla.in.gov

Proposed Rules
  • Title 10 Office of Attorney General for the State -- #05-319 (PDF)

    Adds 10 IAC 5 to provide definitions, mitigating factors, and notice requirements regarding the release of Social Security numbers by state agencies.

  • Title 312 Natural Resources Commission -- #05-262 (PDF)

    Adds 312 IAC 9-3-2.5 to establish a special youth deer hunting season the weekend before the start of the early archery season (October 1), to allow any youth 15 years of age or younger, accompanied by an adult of at least 18 years of age, to be able to take one antlerless deer during this special youth deer season, and to require the youth hunter to possess a valid youth hunting license, to have taken a hunter education course, and to comply with all other deer hunting regulations.

  • Title 312 Natural Resources Commission -- #05-274 (PDF)

    Amends 312 IAC 11-5-2, which governs lawful nonconforming uses for structures subject to licensure under IC 14-26-2 (commonly known as the "Lakes Preservation Act"), to provide greater specificity to the processes used to evaluate lawful nonconforming uses, to specify that the person claiming a lawful nonconforming use has the burden for establishing conformity and provide two years for the submission of documentation, to specify that the Department of Natural Resources has the burden for establishing that a lawful nonconforming use should be terminated if the department contends it poses a nuisance or has been abandoned, and to clarify that a temporary structure can qualify as a lawful nonconforming use and acknowledge that the seasonal removal of a structure does not constitute abandonment.

  • Title 326 Air Pollution Control Board -- #04-182 (PDF)

    Adds 326 IAC 3-8 concerning compliance assurance monitoring.

  • Title 326 Air Pollution Control Board -- #05-78 (PDF)

    Amends 326 IAC 2-6-1, 326 IAC 2-6-3, and 326 IAC 2-6-4 concerning emission reporting requirements.

  • Title 326 Air Pollution Control Board -- #05-166 (PDF)

    Amends 326 IAC 8-1-6 to exempt boat manufacturing facilities that are subject to 326 IAC 20-48 and reinforced plastics composites production facilities that are subject to 326 IAC 20-56 from 326 IAC 8-1-6.

  • Title 329 Solid Waste Management Board -- #05-66 (PDF)

    Adds 329 IAC 3.1-1-12.5 to provide a mailing address for notifications required in the article. Amends 329 IAC 3.1-1-7, 329 IAC 3.1-1-9, 329 IAC 3.1-7-2, 329 IAC 13-3-1, 329 IAC 13-6-5, 329 IAC 13-7-4, and 329 IAC 13-8-4 to incorporate by reference the July 1, 2005, edition of the federal hazardous waste management regulations in 40 CFR 260 through 40 CFR 273, and the changes to the federal hazardous waste program published on August 5, 2005 (70 FR 45508). Amends 329 IAC 3.1-1-14.1 to eliminate an obsolete fee. Amends 329 IAC 3.1-6-3 to more accurately describe the actual requirements generators of those wastes must follow. Repeals 329 IAC 3.1-7.5.

  • Title 405 Office of the Secretary of Family and Social Services -- #05-114 (PDF)

    Adds 405 IAC 1-14.5-27 to reduce Medicaid rate increases for HIV nursing facilities. Adds 405 IAC 1-14.6-23 to reduce Medicaid rate increases for nursing facilities. NOTE: Under IC 4-22-2-40, LSA Document #05-114, printed at 28 IR 3655, was recalled by the Office of the Secretary of Family and Social Services and resubmitted for publication.

  • Title 410 Indiana State Department of Health -- #05-192 (PDF)

    Adds 410 IAC 28 to establish reporting of any death or serious complication of a patient by physicians who perform a surgical treatment for the treatment of morbid obesity.

  • Title 675 Fire Prevention and Building Safety Commission -- #05-104 (PDF)

    Adds 675 IAC 28 to relocate all National Fire Protection Association (NFPA) Standards directly adopted by the Commission into one article (NFPA 10, NFPA 11, NFPA 12, NFPA 15, NFPA 17, NFPA 17A, NFPA 25, NFPA 33, NFPA 34, NFPA 37, NFPA 50, NFPA 50B, NFPA 51, NFPA 51B, NFPA 52, NFPA 59, NFPA 59A, NFPA 72, NFPA 82, NFPA 86, NFPA 385, NFPA 407, NFPA 704, NFPA 1123, and NFPA 2001).

  • Title 675 Fire Prevention and Building Safety Commission -- #05-108 (PDF)

    Amends 675 IAC 12 to make changes necessitated by the enactment of SEA 56-2005, to update the availability statement for the article, and to add Article 25, the Indiana Fuel Gas Code and Article 26, the Indiana Explosive Materials Code, to the list of commission rules in 675 IAC 12-1.1-5. Amends 675 IAC 12-3 to amend fee schedules. Amends 675 IAC 12-5 to revise the rules for variances. Amends 675 IAC 12-6 to amend and clarify the filing process for plans, exemptions from filing, and the duration of a construction design release. Amends 675 IAC 12-8 to revise the Indiana Building Rehabilitation Standard. Amends 675 IAC 12-13 to amend the scope of projects to which Rule 13 may be applied.

  • Title 675 Fire Prevention and Building Safety Commission -- #05-127 (PDF)

    Amends 675 IAC 22-2.3 to address the use of tents, canopies, and other membrane structures.

  • Title 760 Department of Insurance -- #05-133 (PDF)

    Amends 760 IAC 1-6.2-1 through 760 IAC 1-6.2-10 and adds 760 IAC 1-6.2-1.5 and 760 IAC 1-6.2-11 through 760 IAC 1-6.2-14 to set standards for prelicensing and continuing education for bail agents and recovery agents and to otherwise implement IC 27-10-3.

  • Title 828 State Board of Dentistry -- #05-226 (PDF)

    Amends 828 IAC 0.5-2-3 and 828 IAC 0.5-2-4 concerning fees for licensure to practice dentistry and dental hygiene. Amends 828 IAC 1-1-1 through 828 IAC 1-1-3, 828 IAC 1-1-6, and 828 IAC 1-1-7 concerning the requirements for licensure of dentists by examination to facilitate the outsourcing of the administration of the examinations. Amends 828 IAC 1-2-1 through 828 IAC 1-2-3 and 828 IAC 1-2-6 concerning the requirements for licensure of dental hygienists by examination to facilitate the outsourcing of the administration of the examination. Amends 828 IAC 1-3-1.1, 828 IAC 1-3-1.5, and 828 IAC 1-3-2 concerning licensure to practice dentistry and dental hygiene by endorsement. Repeals 828 IAC 1-1-8, 828 IAC 1-1-12, 828 IAC 1-1-21, 828 IAC 1-2-7; 828 IAC 1-2-8, 828 IAC 1-2-9, 828 IAC 1-2-12, and 828 IAC 1-2-14.

  • Title 864 State Board of Registration for Professional Engineers -- #05-222 (PDF)

    Amends 864 IAC 1.1-4.1-7 to implement rule changes based on SEA 139-2005 (P.L.194-2005) to change the number of examination attempts for registration as a professional engineer. Amends 864 IAC 1.1-4.1-8 to implement rule changes based on SEA 139-2005 (P.L.194-2005) to bring the termination of application in conformity with the examination attempts for registration as a professional engineer. Amends 864 IAC 1.1-4.1-9 to implement rule changes based on SEA 139-2005 (P.L.194-2005) to change the number of examination attempts for registration as an engineer intern.

Readopted Rules
  • Title 20 State Board of Accounts -- #05-147 (PDF)

  • Title 280 Division of Preparedness and Training -- #05-300 (PDF)

  • Title 357 Indiana Pesticide Review Board -- #05-171 (PDF)

  • Title 590 Indiana Library and Historical Board -- #05-89 (PDF)

  • Title 905 Alcohol and Tobacco Commission -- #05-180 (PDF)

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

  • Title 865 State Board of Registration for Land Surveyors -- #05-82 (PDF)

IC 13-14-9 Notices
  • Title 326 Air Pollution Control Board -- #05-267 (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for a new rule at 326 IAC 13-4 concerning lower-Reid Vapor Pressure (RVP) fuel in Central 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 326 Air Pollution Control Board -- #05-351 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to rules 326 IAC 14-10, 326 IAC 18, and 326 IAC 23 concerning asbestos and lead-based paint license renewals. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking.

  • Title 329 Solid Waste Management Board -- #05-167 (PDF)

    A first notice published in the Indiana Register at 28 IR 3060 proposed to amend 329 IAC 10-39 on financial assurance mechanisms to clarify that only a trust fund can be funded annually and that the annual payments can only be for the duration of the initial permit or over the remaining life of the facility, whichever is shorter. The post closure must be fully funded before waste is placed. It also had proposed to amend 329 IAC 10-39-2(c) to change the date of the annual financial review from the anniversary of the permit to a set date of February 15 each year. This is the date the annual survey results must be submitted. This continuation of the first notice now asks for comment on clarifying language that post closure funding, for any mechanism but trust fund, be appropriately fully funded based on a formula that takes into account the acreage that will be certified to begin placing waste. This continuation also seeks comment on 329 IAC 10-20 regarding changing the annual survey (fly-over) to between January 1 to March 30, with submittal of both the annual financial review and the annual survey to be every June 15.

  • Title 329 Solid Waste Management Board -- #05-182 (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for new rules at 329 IAC 17 concerning the inspection and cleanup of properties contaminated by chemicals used in the illegal manufacture of a controlled substance. This rulemaking is required by IC 13-14-1-15. This rule would include the following subject matter:

  • Title 329 Solid Waste Management Board -- #05-296 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to rules at 329 IAC 10 concerning construction/demolition waste and certain permitting requirements. The First Notice asked for comments on amendments to rules at 329 IAC 10 concerning unrecognizable, crushed construction/demolition waste and changes to permitting requirements mandated under Senate Enrolled Act 279-2005. In addition to the subject matter in the First Notice, this Continuation of First Notice proposes further amendments to Article 10 relating to New Source Performance Standards. These changes are solely for the purpose of maintaining consistency with state and federal air pollution regulations, specifically to clarify municipal solid waste landfill (MSWLF) owner/operator responsibilities for closure and post closure requirements for gas extraction systems. IDEM seeks comment on the affected citations listed and any other provisions of Title 329 that may be affected by this rulemaking.

Attorney General's Actions (PDF)
    Other Notices (PDF)
      Nonrule Policy Documents (PDF)