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-IR- Database: Indiana Register

Indiana Register - July 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).

July 1, 2006, Volume 29, Number 10, Pages 3327-3596 (PDF)
Final Rules
  • Title 68 Indiana Gaming Commission -- #05-199 (PDF)

    Amends 68 IAC 12-1, which outlines general provisions for surveillance systems required to be maintained and utilized by Indiana's riverboat casinos, to add new provisions and amend existing provisions of 68 IAC 12-1 in order to detail the minimum requirements for the use of digital video systems by riverboat licensees and operating agents, to clarify that 68 IAC 12-1 applies to operating agents, to reflect statutory changes designating certain Commission enforcement responsibilities to "gaming agents", to update existing regulations to conform to changes in industry standards and changes in regulatory necessity including the specification of the purpose of casino surveillance operations, addition of new definitions, clarification of duties of the surveillance department and surveillance employees, reorganization and clarification of regulations relating to areas that must be covered by surveillance coverage, updating minimum specifications for surveillance equipment including the specifications of required backup equipment, clarification of requirements for surveillance department incident reports, maintenance of equipment and malfunctions of equipment, updating emergency procedures, and clarification of requirements for submission and approval of surveillance plans to the Commission.

  • Title 312 Natural Resources Commission -- #05-248 (PDF)

    Amends 312 IAC 16-5-4 to authorize the director of the Department of Natural Resources to grant a variance from the requirement to install an intermediate string of casing as a result of amendments to IC 14-37-7-3 (P.L.80-2005, SECTION 6), which requires the running of an intermediate string of casing, whether drilled through a pillar or not, to 50 feet below the base of a commercially mineable coal resource for any oil and gas well drilled on lands underlain by an inactive underground mine or on lands within the permit boundaries of and active underground mine permitted under IC 14-34, and which variance is authorized under specific circumstances upon receipt of a written application for such variance, and to outline the provisions necessary for consideration of a variance request that includes well drilling in a manner that maintains structural integrity, is protective of the environment, and for which written consent from the coal operator of the underground mine has been granted. Amends 312 IAC 16-5-5 to correct an administrative code citation.

  • Title 312 Natural Resources Commission -- #05-261 (PDF)

    Amends 312 IAC 9-3-2 and adds 312 IAC 9-3-18.5, concerning the hunting of white-tailed deer possessed under a game breeder license and the taking, possessing, and releasing of exotic mammals, to prohibit the taking and releasing of the exotic mammals described in this rule. Adds 312 IAC 9-10-21 concerning cervidae possession permits.

  • Title 312 Natural Resources Commission -- #05-288 (PDF)

    Amends 312 IAC 16-1 to delete a citation to 312 IAC 17-3, the enabling statute for which was repealed by P.L.80-2005, SECTION 6, and to add definitions for eight terms utilized within IC 14-37-7 and 312 IAC 16-5-4.

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

    Adds 326 IAC 3-8 concerning compliance assurance monitoring.

  • Title 326 Air Pollution Control Board -- #05-166 (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 -- #05-85 (PDF)

    Adds 329 IAC 3.1-6-7 to conditionally exclude from regulation under 329 IAC 3.1 wastewater treatment sludge from the conversion coating of aluminum, hazardous waste code F019, generated by General Motors Corporation, Fort Wayne Assembly Plant, Fort Wayne, Indiana.

  • Title 405 Office of the Secretary of Family and Social Services -- #05-294 (PDF)

    Adds 405 IAC 5-4-4 to specify criteria for the Office of Medicaid Policy and Planning to enter into a provider agreement with a nursing facility and conditions for reimbursement when an existing provider makes changes in certified beds.

  • Title 410 Indiana State Department of Health -- #05-94 (PDF)

    Adds 410 IAC 26 to establish rules pertaining to the operation and management of abortion clinics as well as establishing minimum licensing qualifications and establishing requirements for sanitation standards, staff qualifications, necessary emergency equipment, procedures to provide emergency care, quality assurance standards, and infection control, to prescribe the operating policies, supervision, and maintenance of medical records, to establish procedures for the issuance, renewal, denial, and revocation of licenses while addressing the form and content of the license and the collection of an annual license fee, and to address procedures and standards for inspections.

  • Title 839 Social Worker, Marriage and Family Therapist, and Mental Health Counselor Board -- #05-223 (PDF)

    Amends 839 IAC 1-6-1 concerning continuing education. Amends 839 IAC 1-6-2 concerning approval of continuing education programs. Amends 839 IAC 1-6-3 concerning the continuing education requirements for social workers, clinical social workers, marriage and family therapists, and mental health counselors.

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

Emergency Rules
  • Title 65 State Lottery Commission -- #06-161 (PDF)

    Adds 65 IAC 5-20 concerning the on-line game Mix & Match.

  • Title 65 State Lottery Commission -- #06-162 (PDF)

    Temporarily adds rules concerning scratch-off game number 822.

  • Title 65 State Lottery Commission -- #06-164 (PDF)

    Temporarily adds rules concerning scratch-off game number 823.

  • Title 65 State Lottery Commission -- #06-175 (PDF)

    Temporarily adds rules concerning scratch-off game number 810.

  • Title 65 State Lottery Commission -- #06-176 (PDF)

    Temporarily adds rules concerning scratch-off game number 811.

  • Title 65 State Lottery Commission -- #06-177 (PDF)

    Temporarily adds rules concerning scratch-off game number 807.

  • Title 65 State Lottery Commission -- #06-178 (PDF)

    Temporarily adds rules concerning scratch-off game number 812.

  • Title 135 Indiana Finance Authority -- #06-186 (PDF)

    Temporarily adds 135 IAC 2.5 to add provisions concerning the implementation of a public-private agreement for the operation and maintenance of the Indiana East West Toll Road. Makes technical corrections to certain provisions of 135 IAC 2 to conform to 135 IAC 2.5. Authority: IC 4-22-2-37.1(a)(30); IC 4-22-2-37.1(l).

  • Title 312 Natural Resources Commission -- #06-165 (PDF)

    Temporarily amends 312 IAC 9 with respect to the taking of lizards at Falls of the Ohio State Park and the adjacent federal Falls of the Ohio Wildlife Conservation Area. Under IC 4-22-2-37.1, IC 14-22-2-6, and IC 14-10-2-5, the director of the department of natural resources adopts the temporary rule set forth in this document. The temporary rule is adopted with the awareness that regulation of wild animals in Indiana is the responsibility of the department of natural resources. The director is responsible for adopting temporary rules under IC 14-22-2-6 to manage wild animals in Indiana or in a designated part of Indiana. In addition, the director is responsible for controlling wild animals in a state park. Based upon the opinion of a professional biologist, the director has determined the European wall lizard (Podarcis muralis) will cause obvious and measurable damage to the ecological balance at Falls of the Ohio State Park. The ecological balance will not be maintained unless action is taken to control the population of the European wall lizard at the Falls of the Ohio State Park and at the adjacent federal Falls of the Ohio Wildlife Conservation Area. Native species of lizards and skinks are at risk of displacement by the European wall lizard, and other disruption of the ecological balance in this area is probable. Additionally, unless controlled, the European wall lizard is likely to expand its range and endanger the ecological balance at other sites in Indiana and elsewhere in the United States.

  • Title 511 Indiana State Board of Education -- #06-163 (PDF)

    Temporarily amends 511 IAC 6-7-6.5 to amend the academic honors course requirement rules. Statutory authority: HEA 1347-2006, SECTION 17 (P.L.185-2006, SECTION 17), effective March 24, 2006.

Change in Notice of Public Hearing
  • Title 327 Water Pollution Control Board -- #05-218 (PDF)

Notice of Intent to Adopt a Rule
  • Title 50 Department of Local Government Finance -- #06-172 (PDF)

    To amend 50 IAC 15 to alter the continuing education requirements for the assessor-appraiser certification program. Written comments should be addressed to Michael Dart, General Counsel, Department of Local Government Finance, Indiana Government Center-North, 100 North Senate Avenue, Room 1058(B), Indianapolis, IN 46204. Statutory authority: IC 6-1.1-31-1; IC 6-1.1-35.5-8. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Michael Dart, General Counsel, Department of Local Government Finance, Indiana Government Center-North, 100 North Senate Avenue, Room 1058(B), Indianapolis, IN 46204, (317) 233-166, mdart@dlgf.in.gov

  • Title 140 Bureau of Motor Vehicles -- #06-180 (PDF)

    Amends 140 IAC 2-1-10 provisions for registration by mail by changing where an application must be sent. Amends 140 IAC 6-1-2 requirements to identify an applicant for a certificate of title. Written comments should be addressed to Dave Certo, Chief Legal Counsel, Bureau of Motor Vehicles, Indiana Government Center-North, 100 N. Senate Avenue, Room N440, Indianapolis, IN 46204. Statutory authority: IC 9-14-2-2. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Mike Barnhart, Legislative Liaison, Bureau of Motor Vehicles, Indiana Government Center-North, 100 N. Senate Avenue, Room N440, Indianapolis, IN 46204, (317) 233-1218, jmbarnhart@bmv.in.gov

  • Title 305 Indiana Board of Licensure for Professional Geologists -- #06-169 (PDF)

    Amends 305 IAC by updating definitions. Increases application fee and late renewal fee. Clarifies definition of public practice of geology. Makes other technical changes. Public comments are invited. Statutory authority: IC 25-17.6-3-12. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: John Steinmetz, Director & State Geologist, Indiana Geological Survey, Chairman, Indiana Board of Licensure for Professional Geologists, 611 N. Walnut Grove, Bloomington, IN 47405, (812) 855-5067, igsinfo@indiana.edu

  • Title 345 Indiana State Board of Animal Health -- #06-166 (PDF)

    The rule will add and modify requirements relating to the control of tuberculosis and brucellosis in cervids (deer, elk, and moose). Questions and comments on the proposed rule may be sent to the Indiana State Board of Animal Health, Attn: 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. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Gary L. Haynes, Director of Legal Affairs, Indiana State Board of Animal Health, 805 Beachway Drive, Suite 50, Indianapolis, IN 46224, (317) 227-300, ghaynes@boah.state.in.us

  • Title 879 Manufactured Home Installer Licensing Board -- #06-173 (PDF)

    Add 879 IAC 1-4-3 to establish requirements for a licensee to verify an applicant's experience to meet the requirements in 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 326 Air Pollution Control Board -- #05-118 (PDF)

    Amends 326 IAC 7-4-2 concerning sulfur dioxide emission limitations at Citizens Gas & Coke Utility, located in Indianapolis, Indiana.

  • Title 326 Air Pollution Control Board -- #06-121 (PDF)

    Amends 326 IAC 6.5-7-13 to change the source identification from St. Mary's to Holy Cross Services Corporation (Saint Mary's Campus).

  • Title 355 State Chemist of the State of Indiana -- #06-63 (PDF)

    Adds 355 IAC 4-.5-1.5 to establish a definition of certification for pesticide applicators. Amends 355 IAC 4-1-2.1 to clarify the initial pesticide applicator certification requirements for commercial applicators. Amends 355 IAC 4-1-3 to clarify the scope and description of existing commercial applicator certification and licensing categories. Amends 355 IAC 4-1-4 to clarify the initial pesticide applicator certification requirements for private applicators.

  • Title 675 Fire Prevention and Building Safety Commission -- #06-48 (PDF)

    Amends 675 IAC 15-1.2-6 concerning applicable codes for design and construction.

  • Title 680 Boiler and Pressure Vessel Rules Board -- #06-124 (PDF)

    Amends 680 IAC 2-1-2 and 680 IAC 2-1-5 for the purpose of adding certain exemptions.

  • Title 710 Securities Division -- #06-135 (PDF)

    Amends 710 IAC 1-14-4 to remove the requirement that reports of financial condition be filed annually, though the reports of financial condition still must be prepared and made available to the Securities Division upon request.

Readopted Rules
  • Title 305 Indiana Board of Licensure for Professional Geologists -- #06-171 (PDF)

  • Title 357 Indiana Pesticide Review Board -- #06-170 (PDF)

  • Title 407 Office of the Children's Health Insurance Program -- #06-76 (PDF)

  • Title 410 Indiana State Department of Health -- #06-168 (PDF)

  • Title 412 Indiana Health Facilities Council -- #06-167 (PDF)

AROC Notices
  • Title 318 Department of Environmental Management (PDF)

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

  • Title 808 State Boxing Commission (PDF)

  • Title 832 State Board of Funeral and Cemetery Service (PDF)

  • Title 860 Indiana Plumbing Commission (PDF)

  • Title 862 Private Detectives Licensing Board (PDF)

  • Title 864 State Board of Registration for Professional Engineers (PDF)

  • Title 865 State Board of Registration for Land Surveyors (PDF)

  • Title 872 Indiana Board of Accountancy (PDF)

  • Title 876 Indiana Real Estate Commission (PDF)

Governor's Action
  • Title 10 Office of Attorney General for the State -- #05-319 (PDF)

IC 13-14-9 Notices
  • Title 327 Water Pollution Control Board -- #06-179 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to 327 IAC 5-22 concerning the classification of wastewater treatment plants and the examination and certification of wastewater treatment operators. IDEM seeks comment on the affected citation listed and any other provisions of Title 327 that may be affected by this rulemaking.

  • Title 327 Water Pollution Control Board -- #06-181 (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for an amendment to 327 IAC 2-1-8.9 and has scheduled a public hearing/meeting before the Water Pollution Control Board (board) for consideration of preliminary adoption of this rule amendment.

  • Title 327 Water Pollution Control Board -- #06-183 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on the readoption of rules in Title 327 of the Indiana Administrative Code pursuant to IC 13-14-9.5.

  • Title 329 Solid Waste Management Board -- #06-182 (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to 329 IAC 9, Underground Storage Tanks, concerning additional measures to protect ground water by requiring new and existing tanks and piping to have secondary containment within one thousand (1,000) feet of any community public water supply system or potable drinking water well. 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 329 that may be affected by this rulemaking.

Other Notices (PDF)
    Nonrule Policy Documents (PDF)