Indiana Administrative Code
-IR- Database: Indiana Register
Indiana Register - March 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).
March 1, 2004, Volume 27, Number 6, Pages 1771-2204 (PDF)
- Title 52 Indiana Board of Tax Review -- #03-179 (PDF)
Adds 52 IAC 2 and 52 IAC 3 to establish standards to govern proceedings before the Indiana board of tax review.
- Title 312 Natural Resources Commission -- #03-149 (PDF)
Amends 312 IAC 9-10-4, governing game breeder licenses, to indicate which species can be kept under a game breeder license, to regulate the importation of a wild animal, to require documentation when transporting wild animals, to restrict the release of wild animals held under this license, to require compliance with other applicable state, local, and federal laws, and to identify causes for which a license can be suspended or revoked.
- Title 329 Solid Waste Management Board -- #00-185 (PDF)
Amends and repeals various sections of 329 IAC 10 with, since the last substantive change of 329 IAC 10, effective September 1999, technical clarifications and changes that have been deemed necessary to the rule and to add requirements from the Clean Water Act, Phase 2 Storm Water provisions as they relate to landfills.
- Title 329 Solid Waste Management Board -- #02-235 (PDF)
Amends 329 IAC 3.1-1-7 to incorporate by reference the July 1, 2002, edition of 40 CFR 260 through 40 CFR 270 and 40 CFR 273. Amends 329 IAC 3.1-4-1 to remove a reference to mercury-containing lamps. Amends 329 IAC 3.1-7-2 and 329 IAC 3.1-10-2 to require retention of the annual report required by IC 13-22-4-3.1 for three years. Amends 329 IAC 3.1-9-2 to require retention of the annual report required by IC 13-22-4-3.1 for three years and to delete 40 CFR 264.555(e)(6).
- 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 to establish registration requirements for technicians using pesticides under the supervision of the certified and licensed applicators.
- Title 610 Department of Labor -- #03-36 (PDF)
Amends 610 IAC 4-2-1 to comply with amended federal Occupational Safety and Health Administration requirements for recording and reporting workplace injuries and illnesses for public employees. Repeals 610 IAC 4-2-11.
- Title 610 Department of Labor -- #03-37 (PDF)
Amends 610 IAC 4-6-11 to comply with amended federal Occupational Safety and Health Administration requirements for recording criteria for cases involving occupational hearing loss.
- Title 840 Indiana State Board of Health Facility Administrators -- #03-189 (PDF)
Amends 840 IAC 1-1-6 concerning the examination for licensure to practice as a health facility administrator.
- Title 840 Indiana State Board of Health Facility Administrators -- #03-190 (PDF)
Amends 840 IAC 1-2-1 concerning continuing education for renewal of licensure to practice as a health facility administrator.
- Title 865 State Board of Registration for Land Surveyors -- #03-22 (PDF)
Amends 865 IAC 1-7-3 to revise what a registered land surveyor may include in the registrant's plans. Amends 865 IAC 1-12 to revise the standards for the competent practice of land surveying. Repeals 865 IAC 1-10-23 and 865 IAC 1-10-24.
Notice of Recall
- Title 312 Natural Resources Commission -- #00-285 (PDF)
- Title 410 Indiana State Department of Health -- (PDF)
- Title 405 Office of the Secretary of Family and Social Services -- #03-184 (PDF)
Notice of Rule Adoption
- Title 65 State Lottery Commission -- #04-10 (PDF)
Temporarily adds rules concerning pull-tab game number 004.
- Title 65 State Lottery Commission -- #04-11 (PDF)
Temporarily adds rules concerning pull-tab game number 005.
- Title 65 State Lottery Commission -- #04-12 (PDF)
Temporarily adds rules concerning pull-tab game number 008.
- Title 65 State Lottery Commission -- #04-24 (PDF)
Temporarily adds rules concerning instant game number 681.
- Title 65 State Lottery Commission -- #04-25 (PDF)
Temporarily adds rules concerning instant game number 682.
- Title 65 State Lottery Commission -- #04-26 (PDF)
Adds 65 IAC 4-338 concerning instant game number 684.
- Title 65 State Lottery Commission -- #04-27 (PDF)
Temporarily adds rules concerning instant game number 703.
- Title 65 State Lottery Commission -- #04-28 (PDF)
Adds 65 IAC 4-337 concerning instant game number 710.
- Title 65 State Lottery Commission -- #04-30 (PDF)
Adds 65 IAC 4-339 concerning instant game number 716.
- Title 65 State Lottery Commission -- #04-31 (PDF)
Adds 65 IAC 4-340 concerning instant game number 718.
- Title 65 State Lottery Commission -- #04-32 (PDF)
Adds 65 IAC 4-341 concerning instant game number 719.
- Title 65 State Lottery Commission -- #04-34 (PDF)
Amends 65 IAC 4-1 concerning scratch-off and instant game definitions and 65 IAC 5-1 concerning draw and on-line game definitions.
- Title 71 Indiana Horse Racing Commission -- #04-21 (PDF)
Amends 71 IAC 1.5-1-19 concerning the definition of a breeder for thoroughbreds. Amends 71 IAC 3-2-9 concerning the judge's list. Amends 71 IAC 3-9-4 concerning error in reported time. Amends 71 IAC 4-3-15 concerning pylons. Amends 71 IAC 5-1-2 and 71 IAC 5.5-1-2 concerning fingerprinting and licensing reciprocity. Amends 71 IAC 5-1-3 and 71 IAC 5.5-1-3 concerning multi-state licensing information. Amends 71 IAC 5.5-3-3 concerning other responsibilities. Amends 71 IAC 5.5-4-2 concerning apprentice jockeys. Amends 71 IAC 6-1-3 concerning claiming procedure. Amends 71 IAC 6-3-1 concerning general provisions. Amends 71 IAC 7-1-11 concerning proof of identity. Amends 71 IAC 7-1-15 concerning horses ineligible to be entered. Amends 71 IAC 7-1-28 concerning qualifying races. Amends 71 IAC 7-2-8 concerning riding in gate, equipment, two tiers. Amends 71 IAC 7-3-11 concerning improper conduct in race. Amends 71 IAC 7-3-13 concerning whip restriction. Amends 71 IAC 7.5-1-2 concerning procedures. Adds 71 IAC 7.5-1-15 concerning no change permitted. Amends 71 IAC 7.5-6-1 concerning equipment. Amends 71 IAC 7.5-7-5 concerning designated races. Amends 71 IAC 8-6-2 concerning prohibited practices. Amends 71 IAC 8-11-3 concerning penalties. Amends 71 IAC 8.5-5-2 concerning prohibited practices. Amends 71 IAC 8.5-11-3 concerning penalties. Amends 71 IAC 13.5-3-1 concerning owner awards. Amends 71 IAC 13.5-3-2 concerning breeder awards. Amends 71 IAC 13.5-3-3 concerning out-of-state breeder's awards. Amends 71 IAC 13.5-3-4 concerning stallion owner awards. Repeals 71 IAC 7-1-22.
- Title 312 Natural Resources Commission -- #04-20 (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 2004 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 327 Water Pollution Control Board -- #04-38 (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).
- Title 345 Indiana State Board of Animal Health -- #04-29 (PDF)
Temporarily amends matters incorporated by reference in 345 IAC 9-2.1-1 to facilitate prevention of and surveillance for bovine spongiform encephalopathy (BSE), including prohibiting the slaughter of nonambulatory cattle for human food, prohibiting meat and meat products from nonambulatory cattle to be distributed for food, prohibiting the distribution of carcasses and parts of BSE positive animals, declaring certain animal parts specified risk materials, amending rules governing products produced using advanced meat recovery technology, prohibiting air-injection stunning of cattle, and further regulating or prohibiting the use of mechanically separated meat in human food.. Temporarily adds rules that require carcasses from animals tested for BSE be held until test results are obtained. Authority: IC 15-2.1-18-21.
- Title 872 Indiana Board of Accountancy -- #04-33 (PDF)
Temporarily amends 872 IAC 1-1 concerning changes to facilitate the computerization of the Uniform CPA examination based on P.L.6-2003 (House Enrolled Act 1183). Authority: P.L.6-2003 (HEA 1183), SECTION 8.
Change in Notice of Public Hearing
- Title 405 Office of the Secretary of Family and Social Services -- #03-236 (PDF)
- Title 405 Office of the Secretary of Family and Social Services -- #03-260 (PDF)
Notice of Intent to Adopt a Rule
- Title 326 Air Pollution Control Board -- #03-228 (PDF)
- Title 326 Air Pollution Control Board -- #03-264 (PDF)
- Title 326 Air Pollution Control Board -- #03-284 (PDF)
- Title 312 Natural Resources Commission -- #04-23 (PDF)
Amends 312 IAC 16-5-14 to clarify that an owner or operator must obtain written authorization from the division of oil and gas, department of natural resources, before acting upon a permit change. Makes numerous changes to 312 IAC 17-3, which governs geophysical survey operations. Provides that a geophysical survey operation is considered a well for oil and gas purposes for purposes of issuing an emergency permit. Excludes open or case hole geophysical logs from regulation as a geophysical survey operation. Eliminates the requirement that an operator notify each owner of an occupied dwelling that is located within one mile of a geophysical survey operation. Establishes minimum distances from structures for the conduct of a geophysical survey operation, with separate standards for those activities that do or do not use an explosive energy source. Clarifies that the department of natural resources, division of oil and gas, performs a permit revocation or transfer. Modifies bonding and shothole plugging requirements. Makes other clerical and technical changes. Public questions and comments may be sent to the Division of Hearings, Natural Resources Commission, 402 West Washington Street, Room W272, Indianapolis, Indiana 46204, at firstname.lastname@example.org, or by telephone at (317) 232-4699. Statutory authority: IC 14-37-3; IC 14-10-2-4.
- Title 345 Indiana State Board of Animal Health -- #04-40 (PDF)
Adds 345 IAC 1-7 to prescribe procedures for condemnation, indemnity and disposition of animals and objects, euthanasia of animals and destruction of objects, and cleaning and disinfecting to prevent, detect, suppress, and eradicate diseases and pests of animals. Effective 30 days after filing with the secretary of state. Public questions and comments 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 email@example.com. Statutory authority: IC 15-2.1-3-19.
- Title 407 Office of the Children's Health Insurance Program -- #04-35 (PDF)
Amends 407 IAC 3-7-1 to exclude coverage for psychiatric residential treatment facility (PRTF) services. Statutory authority: IC 12-17.6-2-11.
- 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. Effective 30 days after filing with the secretary of state. Statutory authority: IC 20-1-1-6; IC 20-1-1.2-18.
- Title 511 Indiana State Board of Education -- #04-36 (PDF)
Amends 511 IAC 6.1-5.1, 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. Amends 511 IAC 6-7-6.5 to make technical corrections. Statutory authority: IC 20-1-1-6; IC 20-1-1.2-18.
- Title 760 Department of Insurance -- #04-39 (PDF)
The Department intends to adopt a rule to address a health maintenance organization's plan for covering outstanding claims in the event a health maintenance organization is placed into receivership. Written comments may be submitted to the Indiana Department of Insurance, Attn: Amy Strati, 311 West Washington Street, Suite 300, Indianapolis, Indiana 46204 or e-mail to firstname.lastname@example.org. Statutory authority: IC 27-13-16-5.
- Title 872 Indiana Board of Accountancy -- #04-41 (PDF)
Amends 872 IAC 1-1-6.1 to establish that internships shall not be considered substantial duplication of college course content. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, ATTENTION: Board Director, 302 West Washington Street, Room E034, Indianapolis, Indiana 46204-2700 or by electronic mail at email@example.com. Statutory authority: IC 25-2.1-2-15.
- Title 312 Natural Resources Commission -- #03-215 (PDF)
Amends 312 IAC 10-5, governing general licenses within floodways (with application, as well, to navigable waters under limited circumstances), by restructuring so provisions having universal application to these general licenses are set forth at the beginning of the rule in new 312 IAC 10-5-.3 and 312 IAC 10-5-.6, to allow logjam and obstruction removal activities, from a qualified waterway listed on the Outstanding Rivers List, according to the approval requirements that ordinarily apply to logjam and obstruction removals under a general license, and to place time restrictions on the effectiveness of these general licenses.
- Title 312 Natural Resources Commission -- #03-311 (PDF)
Amends 312 IAC 9 concerning ice fishing shelter; portable ice fishing shelter; general requirements for deer hunting; hunting deer by firearms; hunting deer by bow and arrows; commercial processing of deer; beavers; foxes, coyotes, and skunks; minks, muskrats, and long-tailed weasels; opossums and raccoons; taking squirrels to protect property; squirrels; Hungarian partridges; ruffed grouse; wild turkeys; endangered species of birds; collection and possession of amphibians; reptile captive breeding license; special purpose turtle possession permit; endangered species of fish; sport fishing methods for ice fishing; largemouth bass; trout; special purpose salvage permit; aquaculture permit; and wild animal possession permit.
- Title 326 Air Pollution Control Board -- #03-67 (PDF)
Adds 326 IAC 2-2.2 concerning clean unit designations in attainment areas, 326 IAC 2-2.3 concerning pollution control project exclusion procedural requirements in attainment areas, 326 IAC 2-2.4 concerning actuals plantwide applicability limitations in attainment areas, 326 IAC 2-2.6 concerning federal NSR requirements for sources subject to P.L.231-2003, SECTION 6, 326 IAC 2-3.2 concerning clean unit designations in nonattainment areas, 326 IAC 2-3.3 concerning pollution control project exclusion procedural requirements in nonattainment areas, and 326 IAC 2-3.4 concerning actuals plantwide applicability limitations in nonattainment areas. Amends 326 IAC 2-1.1-7 concerning permitting fees, 326 IAC 2-2-1 concerning definitions relating to PSD requirements, 326 IAC 2-2-2 concerning applicability of PSD requirements, 326 IAC 2-2-3 concerning requirements for control technology review, 326 IAC 2-2-4 concerning requirements for an air quality analysis, 326 IAC 2-2-5 concerning requirements relating to an air quality impact, 326 IAC 2-2-6 concerning requirements for increment consumption, 326 IAC 2-2-7 concerning requirements for additional analysis, 326 IAC 2-2-8 concerning source obligations, 326 IAC 2-2-10 concerning source information, 326 IAC 2-3-1 concerning definitions relating to emission offsets, 326 IAC 2-3-2 concerning applicability of emission offsets, 326 IAC 2-3-3 concerning applicable requirements, 326 IAC 2-5.1-4 concerning transition procedures, 326 IAC 2-7-10.5 concerning source modifications relating to Part 70 permits, 326 IAC 2-7-11 concerning administrative permit amendments, and 326 IAC 2-7-12 concerning permit modifications. Repeals 326 IAC 2-2.5.
- Title 410 Indiana State Department of Health -- #03-161 (PDF)
Adds 410 IAC 1-7 to establish procedures subsequent to the testing of pregnant women for HIV and standards regarding the provision of information concerning HIV to women who are pregnant, before delivery, at delivery, and after delivery.
- Title 410 Indiana State Department of Health -- #03-275 (PDF)
Amends 410 IAC 16.2-3.1 and 410 IAC 16.2-5, regulating comprehensive and residential care health facilities, by adding a definition of cognitive and to require additional in-service educational requirements of facility personnel, designation of and qualifications for a director of an Alzheimer's and dementia special care unit, facilities to provide a resident a copy of the Alzheimer's and dementia care unit disclosure form and to clarify rules under resident behavior and facility practices, health services, and resident's rights.
- Title 760 Department of Insurance -- #03-258 (PDF)
Amends 760 IAC 1-60 regarding physician specialty classes, discounts, and rates for part-time and retired physicians.
- Title 856 Indiana Board of Pharmacy -- #03-326 (PDF)
Amends 856 IAC 1-33-1 to revise the definition of counseling and to add the definitions of offer and patient. Adds 856 IAC 1-33-1.5 to establish the requirements for an offer. Amends 856 IAC 1-33-2 to revise the requirements for patient counseling. Amends 856 IAC 1-33-4 to revise the institutional patient exception. Adds 856 IAC 1-33-5 to establish the grounds for discipline for patient counseling violations.
- Title 862 Private Detectives Licensing Board -- #03-313 (PDF)
Amends 862 IAC 1-1-3 to modify the experience requirements under IC 25-30-1-8 for a private detective license to address the areas of employment to meet the experience requirement.
- Title 410 Indiana State Department of Health -- #04-42 (PDF)
IC 13-14-9 Notices
- Title 50 Department of Local Government Finance -- (PDF)
- Title 50 Department of Local Government Finance -- 03-235 (PDF)
- Title 405 Office of the Secretary of Family and Social Services -- 03-134 (PDF)
Other Notices (PDF)
Executive Orders (PDF)
Nonrule Policy Documents (PDF)
- Title 326 Air Pollution Control Board -- #04-43 (PDF)
The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to 326 IAC 6-1-12 to revise the particulate matter emission limitations at Reilly Industries Inc. 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 -- #04-44 (PDF)
The Indiana Department of Environmental Management (IDEM) is proposing the readoption of 326 IAC 2-5.1-1 concerning exemptions to construction of new sources, 326 IAC 2-5.1-2 concerning construction of new sources that will operate under a registration, 326 IAC 2-5.5 concerning registrations, 326 IAC 2-6.1 concerning the minor source operating permit program, and 326 IAC 2-9 concerning the source specific operating agreement program. The purpose of this notice is to seek public comment on the draft rule. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking. NOTE: IC 4-22-2.5-5 authorizes the governor, by executive order, to postpone the expiration of rules for one year. Executive Order #03-53, issued December 30, 2003, and printed at 27 IR 1663, postpones the expiration of 326 IAC 2-9-2.5, 326 IAC 2-9-3, 326 IAC 2-9-5, 326 IAC 2-9-7, and 326 IAC 2-9-14 until January 1, 2005.
- Title 329 Solid Waste Management Board -- #03-312 (PDF)
On January 1, 2004, the Indiana Department of Environmental Management (IDEM) solicited public comment on new rules and amendments to rules in 329 IAC 3.1 concerning: