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-IR- Database: Indiana Register

Indiana Register - March 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).
March 1, 2005, Volume 28, Number 6, Pages 1675-2008 (PDF)
Final Rules
  • Title 312 Natural Resources Commission -- #04-84 (PDF)

    Amends 312 IAC 5-6-5, governing special watercraft restrictions on Lake James, to apply to other lakes in the Lake James Chain of Lakes and to add new restricted watercraft zones for the channel between Lake James and Snow Lake and for Follett Creek between Big Otter Lake and Snow Lake.

  • Title 312 Natural Resources Commission -- #04-94 (PDF)

    Adds 312 IAC 11-2-11.5 concerning a new definition for a "group pier" on a public freshwater lake. Amends 312 IAC 11-3-1 to disqualify a group pier from treatment as a general license and to require a person seeking to place a group pier to complete the license application procedures of IC 14-26-2 (sometimes referred to as the "Lakes Preservation Act").

  • Title 312 Natural Resources Commission -- #04-121 (PDF)

    Amends 312 IAC 16-3-2 and 312 IAC 16-3-8 to bring rules into compliance with IC 14-37-4-6 regarding the fees associated with the permitting of wells and transfer of permits and to include a requirement that the UTM coordinate location of a proposed well be provided in the application for a well permit.

  • Title 357 Indiana Pesticide Review Board -- #04-159 (PDF)

    Amends 357 IAC 1-7 to address civil penalties for violations of IC 15-3-3.6, the Indiana Pesticide Use and Application Law, and the rules adopted under that law, to add definitions of new terms introduced as the result of listing each violation individually on the civil penalty schedule rather than grouping the violations by type, to clarify which penalties are to be assessed on a per product, per incident, per day, or per year basis, to add a penalty assessment cap of 180 incidents or 180 days for repetitive violations, to clarify the factors to be considered when mitigating penalties, to clarify that civil penalties are not required nor the sole enforcement action for every violation, and to clarify that the civil penalty money collected is to be used by the Purdue University Cooperative Extension Service solely for providing education about pesticides.

  • Title 357 Indiana Pesticide Review Board -- #04-160 (PDF)

    Amends 357 IAC 1-6 to address civil penalties for violations of IC 15-3-3.5, the Indiana Pesticide Registration Law, and the rules adopted under that law, to add definitions of new terms introduced as the result of listing each violation individually on the civil penalty schedule rather than grouping the violations by type, to clarify which penalties are to be assessed on a per product, per incident, per day, or per year basis, to add a penalty assessment cap of 180 incidents or 180 days for repetitive violations, to clarify the factors to be considered when mitigating penalties, to clarify that civil penalties are not required nor the sole enforcement action for every violation, and to clarify that the civil penalty money collected is to be used by the Purdue University Cooperative Extension Service solely for providing education about pesticides.

  • Title 844 Medical Licensing Board of Indiana -- #04-17 (PDF)

    Amends 844 IAC 12-5-4 to establish the requirements to perform hypnosis in a group setting.

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

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

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

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

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

Emergency Rules
  • Title 65 State Lottery Commission -- #05-6 (PDF)

    Temporarily adds rules concerning scratch-off game number 747. NOTE: This document was repealed by LSA Document #05-10(E), printed at 28 IR 1704 and effective January 24, 2005.

  • Title 65 State Lottery Commission -- #05-7 (PDF)

    Temporarily adds rules concerning scratch-off game number 744.

  • Title 65 State Lottery Commission -- #05-8 (PDF)

    Temporarily adds rules concerning scratch-off game number 745.

  • Title 65 State Lottery Commission -- #05-9 (PDF)

    Temporarily adds rules concerning scratch-off game number 746.

  • Title 65 State Lottery Commission -- #05-10 (PDF)

    Temporarily adds rules concerning scratch-off game number 747. Repeals LSA Document #05-6(E).

  • Title 65 State Lottery Commission -- #05-16 (PDF)

    Temporarily adds rules concerning pull-tab game number 028.

  • Title 65 State Lottery Commission -- #05-17 (PDF)

    Temporarily adds rules concerning pull-tab game number 029.

Change in Notice of Public Hearing
  • Title 170 Indiana Utility Regulatory Commission -- #04-268 (PDF)

  • Title 326 Air Pollution Control Board -- #00-236 (PDF)

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

  • Title 326 Air Pollution Control Board -- #04-200 (PDF)

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

Notice of Intent to Adopt a Rule
  • Title 25 Indiana Department of Administration -- #05-25 (PDF)

    Amends 25 IAC 5 relating to rules governing the division for minority and women's business enterprise development. The amendments will include, but may not be limited to, those necessary and appropriate to comply with the directives set forth in Executive Order 05-11, amendments relating to reciprocity or portability of certifications other than those addressed in Executive Order 05-11, changes in applications that have been submitted to the division, reapplication after denial of an application, and revocation of certifications. The amendments will also make technical or clarifying corrections. Questions or comments may be directed by mail to Deputy Commissioner, Minority and Women's Business Enterprises Division, Indiana Department of Administration, IGCS, Room W469, 402 West Washington Street, Indianapolis, IN 46204 or by electronic mail to mwdbe@idoa.IN.gov. Statutory authority: IC 4-13-1-7; IC 4-13-2-9; IC 4-13-16.5-5; IC 4-13.6-3-1.

  • Title 312 Natural Resources Commission -- #05-14 (PDF)

    Amends 312 IAC 16-5-19 governing performance standards and enforcement of plugging and abandoning of oil and gas wells. Allows the use of water as a material for filling uncemented intervals in a plugged well. 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, Indiana 46204, by e-mail at jkane@nrc.in.gov, or by telephone at (317) 232-4699. Statutory authority: IC 14-10-2-4; IC 14-37-3.

  • Title 312 Natural Resources Commission -- #05-18 (PDF)

    Amends 312 IAC 8 that governs the public use of DNR properties. Clarifies that the DNR's issuance of a lease, license, or concession does not disqualify an area from administration as a "DNR property". Removes the general prohibition on leaving vehicles, watercraft, and other equipment in a DNR parking lot in excess of 48 hours. (This prohibition or a similar prohibition may still be established by signage at specific parking lots.) Clarifies the permit possession requirements on fish and wildlife areas and on reservoir properties. Makes other technical changes. Effective January 1, 2006. Questions or comments may be directed to slucas@nrc.in.gov or by telephone at (317) 233-3322. Statutory authority: IC 14-10-2-4; IC 14-11-2-1.

  • Title 410 Indiana State Department of Health -- #05-19 (PDF)

    Adopts rules to specify a system of civil penalties and other sanctions for a WIC vendor contract under the WIC program or federal regulations under 7 CFR 246. Adopts rules regarding authorization of WIC vendors. Written comments may be submitted to the Indiana State Department of Health, Community and Family Health Services Commission, 2 North Meridian Street, Indianapolis, Indiana 46204. Statutory authority: IC 16-19-3-4; IC 16-19-3-5; IC 16-35-1.5-6.

  • Title 760 Department of Insurance -- #05-26 (PDF)

    The department intends to promulgate a rule to adjust the amounts that may be charged for copying medical records under IC 16-39. 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 astrati@doi.state.in.us. Statutory authority: IC 16-39-9-4.

Proposed Rules
  • Title 326 Air Pollution Control Board -- #02-335 (PDF)

    Adds 326 IAC 6.5 and 326 IAC 6.8 to renumber the current rule into two articles, with counties divided by rules and sources divided by sections. Repeals 326 IAC 6-1.

  • Title 326 Air Pollution Control Board -- #04-234 (PDF)

    Amends 326 IAC 6.5-7-13 so rule language is consistent with permit specifications.

  • Title 326 Air Pollution Control Board -- #04-299 (PDF)

    Amends 326 IAC 1-1-3 to update any references to the Code of Federal Regulations (CFR) in Title 326 to mean the July 1, 2004, edition. Amends 326 IAC 1-1-3.5 to update Compilation of Air Pollution Factors AP-42 and Supplements (AP-42) to the year 2004.

  • Title 326 Air Pollution Control Board -- #04-300 (PDF)

    Adds 326 IAC 20-90 through 326 IAC 20-94 concerning stationary combustion engines, lime manufacturing plants, iron and steel foundries, integrated iron and steel manufacturing, and mercury cell chlor-alkali plants, respectively.

  • Title 345 Indiana State Board of Animal Health -- #04-248 (PDF)

    Adds 345 IAC 1-2.5 to establish a state system allocating premises identification numbers for premises associated with certain animals, animal related enterprises, and meat and poultry and dairy products production and to require that a person obtain a premises identification number before buying, selling, or exhibiting certain livestock. Adds 345 IAC 7-4.5 to require a person holding a livestock exhibition to register the event with the state veterinarian and keep records.

  • Title 345 Indiana State Board of Animal Health -- #04-286 (PDF)

    Amends 345 IAC 8-2-1.1, 345 IAC 8-2-1.5, 345 IAC 8-2-1.7, and 345 IAC 8-2-1.9 and adds 345 IAC 8-2-1.6 to add and amend definitions and general provisions that coordinate with the 2003 Grade A Pasteurized Milk Ordinance. Amends 345 IAC 8-2-4 to allow goat milk to be collected at least once every seven days. Amends 345 IAC 8-3-1 to update matters incorporated by reference. Amends 345 IAC 8-3-2 and 345 IAC 8-4-1 and adds 345 IAC 8-3-12 to make other changes in the law of milk and milk products sanitation.

  • Title 345 Indiana State Board of Animal Health -- #04-287 (PDF)

    Amends 345 IAC 1-3-31 to allow a person to move carcasses or parts thereof of certain species of cervidae into the state if certain materials are not attached or included in the movement or the carcass and parts are moved to certain regulated businesses and to require businesses that accept the carcasses of certain species of cervidae that originate out of state to dispose of discarded tissue and parts in a specified manner.

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

    Amends 355 IAC 4-2-2 and 355 IAC 4-2-8 to delete references to a turf pest control technician examination that no longer exists and to eliminate the requirement to have both an applicant's and his or her supervisor's signature on an application form to become a registered technician.

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

    Amends 355 IAC 4-5-1 through 355 IAC 4-5-3 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, and to add a requirement for applicators to file customer disclosure forms with the state chemist and deletes the one year experience and termiticide application record submission requirement for licensing, redundant technician registration procedures that are addressed more accurately in another rule, and redundant noncertified applicator supervision requirements that are addressed more accurately in another rule. Repeals 355 IAC 4-5-4, 355 IAC 4-5-5, 355 IAC 4-5-6, and 355 IAC 4-5-11.

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

    Amends 355 IAC 4-6-1 and 355 IAC 4-6-3 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. Repeals 355 IAC 4-6-2, 355 IAC 4-6-4, 355 IAC 4-6-6, and 355 IAC 4-6-10.

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

    Amends 355 IAC 2-1-1 to correct the spelling of "sieve". Amends 355 IAC 2-1-6 to reduce the font size required on a label when a boron guarantee is made. Amends 355 IAC 2-2-1 to make an editorial change to the approving individual. Adds 355 IAC 2-2-1.5 to provide a definition of appurtenance not previously defined in the rule. Amends 355 IAC 2-2-6 to include dry with fluid in field operations. Amends 355 IAC 2-2-9 to make an editorial change for clarification by removing "and/or". Amends 355 IAC 2-2-10 to make an editorial change to provide clarification. Amends 355 IAC 2-2-13 to make an editorial change that clarifies intent. Amends 355 IAC 2-2-14 to make an editorial change to remove a gender specific reference. Amends 355 IAC 2-2-15 to make an editorial change for clarification. Amends 355 IAC 2-2-17 to make an editorial change and indicate scope includes all storage locations and be more directly relevant to materials used for storage. Amends 355 IAC 2-3-4 and 355 IAC 2-3-6 to make editorial changes for clarification. Amends 355 IAC 2-3-8 to provide clarification for compliant piping and require containment and further specify requirements for underground piping. Amends 355 IAC 2-3-11 to make an editorial change to simplify requirements. Amends 355 IAC 2-3-12 to set the time frame for compliance. Amends 355 IAC 2-4-1 to make an editorial change for clarification. Amends 355 IAC 2-5-1 to make an editorial change for clarification and expand the state chemist authority to accept compliant alternative means as specified under IC 15-3-3-12(b). Amends 355 IAC 2-5-2, 355 IAC 2-5-3, 355 IAC 2-5-4, and 355 IAC 2-5-6 to make editorial changes for clarification. Amends 355 IAC 2-5-8 to clarify a specific cutoff date for exemption and make editorial changes. Amends 355 IAC 2-5-12 and 355 IAC 2-5-12.5 to make editorial changes for clarification. Amends 355 IAC 2-5-13 to make editorial changes that eliminate records keeping and required inspection. Amends 355 IAC 2-6-1.5 and 355 IAC 2-9-1 to make editorial changes for clarification. Repeals 355 IAC 2-4-4, 355 IAC 2-5-14, 355 IAC 2-6-2, and 355 IAC 2-8.

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

    Amends 405 IAC 2-2-3 to require that a person have a disabling condition that has lasted or is expected to last for at least 12 months in order to qualify for Medicaid under the disabled category. Amends 405 IAC 2-9-5 to require that an individual have earned income that exceeds the $65 per month earned income disregard in order to be considered employed for purposes of the Medicaid for Employees with Disabilities program.

  • Title 511 Indiana State Board of Education -- #04-276 (PDF)

    Adds 511 IAC 6-7.1-4.5 to make the Core 40 diploma the required high school curriculum, effective with students who enter high school in the 2007-2008 school year and subsequent school years, and to provide an opt-out provision for students who will complete minimum graduation requirements rather than the Core 40 requirements.

  • Title 675 Fire Prevention and Building Safety Commission -- #04-273 (PDF)

    Amends 675 IAC 14-4.3, the 2005 Indiana Residential Code, so as not to be in conflict with provisions of the 2005 Indiana Electrical Code, 675 IAC 17-1.7. Adds 675 IAC 17-1.7, which adopts by reference and amends the 2005 National Electrical Code as the Indiana Electrical Code, 2005 Edition. Repeals 675 IAC 14-4.3-213, 675 IAC 14-4.3-216, 675 IAC 14-4.3-244, 675 IAC 14-4.3-250, 675 IAC 14-4.3-251, 675 IAC 14-4.3-252, and 675 IAC 17-1.6.

  • Title 888 Indiana Board of Veterinary Medical Examiners -- #04-295 (PDF)

    Amends 888 IAC 1.1-8-3 to revise the passing score on the veterinary technology examination for veterinary technicians.

Readopted Rules
  • Title 170 Indiana Utility Regulatory Commission -- #05-22 (PDF)

  • Title 280 Public Safety Training Board -- #05-21 (PDF)

  • Title 410 Indiana State Department of Health -- #05-20 (PDF)

  • Title 511 Indiana State Board of Education -- #05-15 (PDF)

  • Title 830 Indiana Dietitians Certification Board -- #05-11 (PDF)

  • Title 840 Indiana State Board of Health Facility Administrators -- #05-12 (PDF)

  • Title 898 Indiana Athletic Trainers Board -- #05-13 (PDF)

IC 13-14-9 Notices
  • Title 326 Air Pollution Control Board -- #05-23 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on new rule 326 IAC 20-95 concerning the incorporation of national emission standards for hazardous air pollutants for industrial, commercial, and institutional boilers and process heaters. 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 -- #04-293 (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to rules 327 IAC 13, concerning the wastewater state revolving fund loan program, and 327 IAC 14, concerning the drinking water state revolving fund loan program. 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 -- #05-24 (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.

Executive Orders (PDF)
    Attorney General's Opinions (PDF)
      Nonrule Policy Documents (PDF)