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-IR- Database: Indiana Register

Indiana Register - June 1, 2003

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).

June 1, 2003, Volume 26, Number 9, Pages 2803-3290 (PDF)
Final Rules
  • Title 327 Water Pollution Control Board -- #01-348 (PDF)

    Amends 327 IAC 8-2 and 327 IAC 8-2.1 and adds 327 IAC 8-2.5 and 327 IAC 8-2.6 concerning interim enhanced surface water treatment, disinfectants/disinfection byproducts, and filter backwash. On December 16, 1998, U.S. EPA published National Drinking Water Regulations for Interim Enhanced Surface Water Treatment. These regulations make changes to the Indiana surface water treatment rule as published April 12, 1993. These changes are being made to improve implementation of the rule. The intended effect of the rule is to strengthen microbial protection, including provisions specifically to address Cryptosporidium, and to address risk trade-offs with disinfection byproducts. Also on December 16, 1998, U.S. EPA published National Drinking Water Regulations for Disinfectants and Disinfection Byproducts. These regulations update the 1979 regulations for total trihalomethanes. In addition, these regulations will reduce exposure to three disinfectants (chlorine, chloramine, and chlorine dioxide) and many disinfection byproducts. On June 8, 2001, U.S. EPA published National Drinking Water Regulations for Filter Backwash Recycling. These regulations address a statutory requirement of the 1996 Safe Drinking Water Act (SDWA) Amendments to promulgate a regulation which "governs" the recycling of filter backwash water within the treatment process of public water systems. The purpose of these regulations is to further protect public health by requiring public water systems, where needed, to institute changes to the return of recycle flows to plant's treatment process that may otherwise compromise microbial control. Indiana is required to adopt all of these revisions in order to maintain primacy (primary enforcement authority) for the Safe Drinking Water Program.

  • Title 357 Indiana Pesticide Review Board -- #02-292 (PDF)

    Adds 357 IAC 1-10 to establish pesticide use, application, storage, and disposal requirements near community public water systems wells in addition to any requirements that may already be established on the pesticide product labels.

  • Title 405 Office of the Secretary of Family and Social Services -- #02-49 (PDF)

    Amends 405 IAC 5-12-2, 405 IAC 5-12-3, and 405 IAC 5-12-7 to limit Medicaid coverage for chiropractic services for all recipients. Repeals 405 IAC 5-12-6.

  • Title 405 Office of the Secretary of Family and Social Services -- #02-140 (PDF)

    Amends 405 IAC 5-14-2, 405 IAC 5-14-3, 405 IAC 5-14-4, 405 IAC 5-14-6, 405 IAC 5-14-11, 405 IAC 5-14-15, 405 IAC 5-14-16, 405 IAC 5-14-17, and 405 IAC 5-14-18 to limit covered services and update the Medicaid dental rule to reflect current operating procedures. Repeals 405 IAC 5-14-10.

  • Title 405 Office of the Secretary of Family and Social Services -- #02-184 (PDF)

    Adds 405 IAC 1-19 and 405 IAC 1-20 concerning provisions affecting notification requirements and change of ownership for all providers in the Medicaid program and defines how funds will be allocated (paid and recouped) to long term care providers when a change of ownership occurs.

  • Title 405 Office of the Secretary of Family and Social Services -- #02-234 (PDF)

    Amends 405 IAC 2-3-17 and 405 IAC 2-3-21 to specify that the Medicaid personal needs allowance is the amount set by Indiana statute. Adds 405 IAC 7 concerning eligibility requirements and benefits issuance for supplemental assistance for personal needs for Medicaid recipients residing in health care facilities.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #02-210 (PDF)

    Adds 460 IAC 7 to establish standards and requirements for individualized support plans for eligible individuals with a developmental disability. NOTE: Under IC 4-22-2-40, LSA Document #02-210, printed at 26 IR 525, was recalled by the Division of Disability, Aging, and Rehabilitative Services. This document was revised and readopted.

  • Title 675 Fire Prevention and Building Safety Commission -- #02-115 (PDF)

    Adds 675 IAC 13-2.4 to adopt and amend the 2000 International Building Code, third printing as the 2003 Indiana Building Code. Repeals 675 IAC 13-2.3.

  • Title 675 Fire Prevention and Building Safety Commission -- #02-116 (PDF)

    Adds 675 IAC 18-1.4, which adopts and amends the 2000 International Mechanical Code as the 2003 Indiana Mechanical Code. Repeals 675 IAC 18-1.3.

  • Title 675 Fire Prevention and Building Safety Commission -- #02-117 (PDF)

    Adds 675 IAC 22-2.3 to adopt and amend the 2000 International Fire Code, fourth printing, as the 2003 Indiana Fire Code. Repeals 675 IAC 22-2.2-1, 675 IAC 22-2.2-2, 675 IAC 22-2.2-28 through 675 IAC 22-2.2-182, and 675 IAC 22-2.2-184 through 675 IAC 22-2.2-539.

  • Title 675 Fire Prevention and Building Safety Commission -- #02-118 (PDF)

    Adds 675 IAC 25,which adopts by reference and amends the 2000 International Fuel Gas Code, fifth printing as the Indiana Fuel Gas Code, 2003 Edition.

  • Title 760 Department of Insurance -- #02-137 (PDF)

    Adds 760 IAC 1-68 regarding requirements for a multiple employer welfare arrangement to obtain a certificate of registration, including reinsurance requirements, reserve levels, deposits, financial reporting, fidelity bonds, and operation of a multiple employer welfare arrangement, and to otherwise implement IC 27-1-34.

  • Title 876 Indiana Real Estate Commission -- #02-246 (PDF)

    Amends 876 IAC 3-6-2 to incorporate by reference the 2003 edition of the Uniform Standards of Professional Appraisal Practice. Amends 876 IAC 3-6-3 to update the revisions to the Uniform Standards of Professional Appraisal Practice based upon the changes in the 2003 edition.

Errata
  • Title 10 Office of Attorney General for the State -- (PDF)

  • Title 50 Department of Local Government Finance -- #00-283 (PDF)

  • Title 329 Solid Waste Management Board -- (PDF)

  • Title 329 Solid Waste Management Board -- (PDF)

Notice of Recall
  • Title 25 Indiana Department of Administration -- #02-150 (PDF)

Notice of Withdrawal
  • Title 68 Indiana Gaming Commission -- #02-249 (PDF)

  • Title 410 Indiana State Department of Health -- #03-3 (PDF)

Emergency Rules
  • Title 65 State Lottery Commission -- #03-105 (PDF)

    Temporarily adds rules concerning pull-tab game number 055.

  • Title 65 State Lottery Commission -- #03-106 (PDF)

    Temporarily adds rules concerning pull-tab game number 058.

  • Title 65 State Lottery Commission -- #03-107 (PDF)

    Temporarily adds rules concerning pull-tab game number 062.

  • Title 65 State Lottery Commission -- #03-108 (PDF)

    Temporarily adds rules concerning instant game number 635.

  • Title 65 State Lottery Commission -- #03-109 (PDF)

    Temporarily adds rules concerning instant game number 637.

  • Title 65 State Lottery Commission -- #03-110 (PDF)

    Temporarily adds rules concerning instant game number 652.

  • Title 65 State Lottery Commission -- #03-111 (PDF)

    Temporarily adds rules concerning instant game number 653.

  • Title 65 State Lottery Commission -- #03-113 (PDF)

    Amends 65 IAC 5-5-5 concerning determination of winners for Daily3.

  • Title 65 State Lottery Commission -- #03-114 (PDF)

    Temporarily adds rules concerning pull-tab game number 061.

  • Title 65 State Lottery Commission -- #03-115 (PDF)

    Temporarily adds rules concerning instant game number 638.

  • Title 65 State Lottery Commission -- #03-116 (PDF)

    Temporarily adds rules concerning instant game number 639.

  • Title 65 State Lottery Commission -- #03-117 (PDF)

    Temporarily adds rules concerning instant game number 640.

  • Title 65 State Lottery Commission -- #03-118 (PDF)

    Temporarily adds rules concerning instant game number 641.

  • Title 65 State Lottery Commission -- #03-119 (PDF)

    Temporarily adds rules concerning instant game number 649.

  • Title 327 Water Pollution Control Board -- #03-127 (PDF)

    Temporarily amends provisions at 327 IAC 5-4-3 and adds provisions at 327 IAC 15-15. Authority: IC 4-22-2-37.1(a)(14).

Change in Notice of Public Hearing
  • Title 326 Air Pollution Control Board -- #03-68 (PDF)

  • Title 329 Solid Waste Management Board -- #00-185 (PDF)

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

  • Title 329 Solid Waste Management Board -- #02-235 (PDF)

Notice of Intent to Adopt a Rule
  • Title 35 Board of Trustees of the Public Employees' Retirement Fund -- #03-131 (PDF)

    Adds 35 IAC 11 concerning the pick-up of additional member contributions to a member's annuity savings account. Question or comments on the adoption may be directed by mail to Edward A. Gohmann, Fund Counsel, Public Employees' Retirement Fund, 143 West Market Street, Suite 500, Indianapolis, Indiana 46204 or by electronic mail to egohmann@perf.state.in.us. Statutory authority: IC 5-10.3-3-8.

  • 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. Makes the following changes to 405 IAC 2-10 concerning liens against the real property of certain Medicaid recipients: Amends 405 IAC 2-10-3 to eliminate the prohibition on filing a lien when an individual who provided care to the recipient resides in the home. Amends 405 IAC 2-10-6 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. Eliminates 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. Repeals 405 IAC 2-10-10 to eliminate the exemption of $125,000 on property subject to a lien. These changes are being made to conform to legislation enacted by the 2003 Indiana General Assembly in HEA 1001. This rule will also 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. Statutory authority: IC 12-8-6-5; IC 12-15-1-10.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #03-123 (PDF)

    Amends 460 IAC 6 to incorporate a code of ethics for providers providing case management services to an individual. Statutory authority: IC 12-8-8-4; IC 12-9-2-3; IC 12-11-1.1-9; IC 12-11-2.1-12.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #03-133 (PDF)

    Adds provisions regarding requirements that are to be met by entities that have a contract with the division of disability, aging, and rehabilitative services to perform job development, placement or retention services if the entity is accredited by a national accreditation organization that does not have requirements regarding job development, placement, or retention. Statutory authority: IC 12-8-8-4; IC 12-9-2-3.

  • Title 470 Division of Family and Children -- #03-136 (PDF)

    Amends the rules governing food stamps, 470 IAC 6, to provide for a six month certification period for all recipient households except elderly and disabled households who have a 12 month certification period. Provides for simplified change reporting requirements for those households with a six month certification period. Statutory authority: IC 12-13-2-3; IC 12-13-5-3; IC 12-13-7-6.

  • Title 515 Professional Standards Board -- #03-135 (PDF)

    Adds 515 IAC 4 to provide certain requirements and procedures for the issuance by the professional standards board of the proficient practitioner educator license and other provisions regarding that license. Public comments are invited and may be directed to Marie Theobald, Executive Director, Indiana Professional Standards Board, 101 West Ohio Street, Indianapolis, Indiana 46204. Statutory authority: IC 20-1-1.4-7.

  • 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. Establishes the requirements for a limited liability company to practice or offer to practice engineering in Indiana. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, ATTENTION: Staff Counsel, 302 West Washington Street, Room E034, Indianapolis, Indiana 46204-2700 or via e-mail at mdavis@pla.state.in.us. Statutory authority: IC 23-18-2-2; IC 25-31-1-7; IC 25-31-1-8.

  • Title 872 Indiana Board of Accountancy -- #03-126 (PDF)

    Implements rule changes to facilitate the computerization of the Uniform CPA examination based on House Enrolled Act 1183. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, ATTENTION: Staff Counsel, 302 West Washington Street, Room E034, Indianapolis, Indiana 46204-2700 or via e-mail at mdavis@pla.state.in.us. Statutory authority: IC 25-2.1-2-15.

  • 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. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, ATTENTION: Staff Counsel, 302 West Washington Street, Room E034, Indianapolis, Indiana 46204-2700 or via e-mail at mdavis@pla.state.in.us. Statutory authority: IC 25-34.1-2-5; IC 25-34.1-2-5.1; IC 25-8-1-2.

Proposed Rules
  • Title 105 Indiana Department of Transportation -- #03-58 (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.

  • Title 312 Natural Resources Commission -- #03-12 (PDF)

    Amends 312 IAC 20-2 to add definitions for "certificate", "Indiana register", and "National Register". Amends 312 IAC 20-3 to establish minimum periods for review by the division of historic preservation and archaeology and for review by the review board before making a determination regarding the grant, denial, or conditioning of a certificate.

  • Title 312 Natural Resources Commission -- #03-50 (PDF)

    Amends 312 IAC 8 that governs public use of DNR properties and 312 IAC 9-2-11 to provide that wild animals cannot be hunted or chased at a state historic site.

  • Title 326 Air Pollution Control Board -- #02-336 (PDF)

    Adds 326 IAC 20-49, 326 IAC 20-50, 326 IAC 20-51, 326 IAC 20-52, 326 IAC 20-53, 326 IAC 20-54, and 326 IAC 20-55 concerning national emission standards for hazardous air pollutants (NESHAP) for new and existing plant sites for pulp and paper mills (combustion), some emission units at petroleum refineries, manufacturing of nutritional yeast, cellulose manufacturing, leather finishing operations, wet formed fiberglass mat production, and tire manufacturing.

  • Title 326 Air Pollution Control Board -- #03-70 (PDF)

    Amends 326 IAC 1-4-1 concerning redesignation of Lake County to attainment for PM10.

  • Title 327 Water Pollution Control Board -- #02-327 (PDF)

    Amends 327 IAC 5-1-1.5 and 327 IAC 15-3-2 and adds 327 IAC 15-4 concerning on-site residential sewage discharging disposal systems in Allen County.

  • Title 345 Indiana State Board of Animal Health -- #02-323 (PDF)

    Amends 345 IAC 1-3-30 to restrict the movement of certain species of the family cervidae into the state. Adds 345 IAC 1-3-31 to restrict the movement of carcasses and parts thereof of certain species of the family cervidae into the state. Adds 345 IAC 1-3-32 to require full and honest information exchange and authorize penalties for violations. Amends 345 IAC 1-6-2 and 345 IAC 1-6-3 to clarify animal disease reporting requirements. Adds 345 IAC 2-7-2.4 and 345 IAC 2-7-2.5 to clarify interstate and intrastate movement requirements for all cervids. Amends 345 IAC 2-7-3 to clarify requirements for keeping records of cervid movements and identifying animals.

  • Title 345 Indiana State Board of Animal Health -- #03-9 (PDF)

    Amends 345 IAC 1-3-22 to allow a person to move certain dogs and cats into the state with a rabies vaccination administered within three years. Amends 345 IAC 1-5-1 to make clear that an animal vaccinated by a veterinarian licensed in another state is legally vaccinated for rabies in Indiana.

  • Title 357 Indiana Pesticide Review Board -- #02-332 (PDF)

    Adds 357 IAC 1-11 to establish certification and licensing requirements for all applicators that use any pesticide as part of a mosquito abatement operation conducted on publicly accessible areas and establish registration requirements for technicians using pesticides under the supervision of the certified and licensed applicators.

  • Title 405 Office of the Secretary of Family and Social Services -- #03-61 (PDF)

    Amends 405 IAC 1-17-1 to modify the reimbursement methodology for state-owned intermediate care facilities for the mentally retarded (ICFs/MR) to apply retrospective rate-setting principles with an annual cost-settlement. Amends 405 IAC 1-17-2 to delete the reference to market area limitation. Amends 405 IAC 1-17-3 to remove the central office financial reporting requirements. Amends 405 IAC 1-17-4 to remove the 10 percent reduction in current rate if there is a delay in filing of the annual financial report. Amends 405 IAC 1-17-5 to remove the nine month base rate reporting requirement. Amends 405 IAC 1-17-6 to change the rate effective date from the first day of the fourth month following the provider's reporting year end to the first day of the month following the providers reporting year end. Amends 405 IAC 1-17-7 to remove the requirement to base forecasted data on a minimum eighty percent occupancy. Amends 405 IAC 1-17-9 to apply a retrospective payment system with annual settlement and to remove the market area limitation, private pay rate limitation and requested rate limitation.

  • Title 410 Indiana State Department of Health -- #02-321 (PDF)

    Adds 410 IAC 6-8.2 to establish the requirements pertaining to the disposition of excremental and sewage matter through the design, installation, construction, maintenance, and operation of commercial facility, residential, cluster, and experimental and alternative technology on-site sewage systems. Repeals 410 IAC 6-8.1 and 410 IAC 6-10.

  • Title 410 Indiana State Department of Health -- #03-4 (PDF)

    Amends 410 IAC 1-2.3-47 and 410 IAC 1-2.3-48 and adds 410 IAC 1-2.3-97.5 governing the reporting and control measures of communicable disease to add smallpox and complications related to vaccinations for smallpox.

  • Title 804 Board of Registration for Architects and Landscape Architects -- #03-20 (PDF)

    Amends 804 IAC 1.1-1-1 to revise the definition of degree in a design discipline.

  • Title 820 State Board of Cosmetology Examiners -- #03-21 (PDF)

    Amends 820 IAC 4-1-11 to revise the graduation requirements for a manicurist student in a cosmetology school. Amends 820 IAC 6-1-3 to bring the requirements for the certificate of completion into conformity with the distance learning continuing education requirements and procedures. Adds 820 IAC 6-3 to establish distance learning continuing education requirements and procedures for cosmetology professionals, continuing education educators, and courses.

  • Title 876 Indiana Real Estate Commission -- #02-245 (PDF)

    Amends 876 IAC 3-5-1 to remove the continuing education requirement that each licensee or certificate holder retain evidence of a Uniform Standards of Professional Appraisal Practice course until 24 months after the end of the last renewal period. Amends 876 IAC 3-5-1.5 to revise the mandatory continuing education courses required every renewal cycle and to establish Uniform Standards of Professional Appraisal Practice continuing education credit shall only be awarded when an Appraiser Qualification Board certified Uniform Standards of Professional Appraisal Practice instructor teaches the course. Amends 876 IAC 3-5-7 to revise the minimum requirements for instructors used by an approved real estate appraiser continuing education provider. Amends 876 IAC 3-6-4 to require that an appraisal review of an Indiana licensed residential, certified residential, or certified general appraiser or any other licensed appraiser comply with the Uniform Standards of Professional Appraisal Practice.

  • Title 876 Indiana Real Estate Commission -- #03-42 (PDF)

    Amends 876 IAC 1-4-1 to update the statutory reference to the seller's disclosure form. Amends 876 IAC 1-4-2 to revise the residential sales disclosure form.

Readopted Rules
  • Title 68 Indiana Gaming Commission -- #03-132 (PDF)

  • Title 210 Department of Correction -- #03-54 (PDF)

  • Title 511 Indiana State Board of Education -- #03-56 (PDF)

  • Title 540 Indiana Education Savings Authority -- #03-112 (PDF)

  • Title 804 Board of Registration for Architects and Landscape Architects -- #03-43 (PDF)

  • Title 888 Indiana Board of Veterinary Medical Examiners -- #03-77 (PDF)

AROC Notices
  • Title 357 Indiana Pesticide Review Board -- (PDF)

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

  • Title 872 Indiana Board of Accountancy -- (PDF)

IC 13-14-9 Notices
  • Title 326 Air Pollution Control Board -- #00-236 (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to sulfur dioxide (SO2) emission limitations in Lake County, Indiana. By this notice, IDEM is soliciting public comment on the draft rule language. In this draft rule, the requirements in the table in 326 IAC 7-4-1.1 have been divided into separate sections for each company for clarity and ease of future rule actions. The new rule, 326 IAC 7-4.1, will replace 326 IAC 7-4-1.1, which will be repealed. Additionally, IDEM has identified changes that are required to correct and update information associated with the Lake County table in 326 IAC 7-4-1.1. Such changes may include providing updates to company names, updates to emission limits currently in permits, deletion of companies that are already covered by the natural gas limits, or other corrections or updates. Due to changes in section numbers, references to citations in other parts of this article have also been updated. 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 -- #03-128 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to 327 IAC 2, water quality standards, and 327 IAC 5, NPDES and pretreatment programs concerning E. coli criteria and implementation procedures. 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 -- #03-129 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on the amendment of rules in Title 327 concerning water quality standards, methods, and implementation procedures. This rulemaking has been named "fast track" because the regulatory issues involve minimal controversy allowing the rulemaking to proceed along a fast track. It is contemplated that at junctures during the rulemaking process some of the initially identified fast track issues may need more discussion and, therefore, would need to be reserved for a separate rulemaking. 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 -- #03-130 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on the development of a new rule to address the need for a variance from the existing water quality standards for mercury in wastewater discharges permitted under the National Pollutant Discharge Elimination System (NPDES) program. If a variance process for mercury were to be established through rulemaking, it would not be available for new or recommencing dischargers within the Great Lakes Basin. It would, however, be available for use by existing dischargers within the Basin. The mercury variance would also be available to new and existing dischargers outside the area of GLI authority. Note that the term "GLI" refers to the Great Lakes Initiative rules that apply to dischargers within the Great Lakes Basin. IDEM seeks comment on the affected citations listed and any other provisions of Title 327 that may be affected by this rulemaking.

Other Notices (PDF)
    Nonrule Policy Documents (PDF)