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-IR- Database: Indiana Register

Indiana Register - May 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).
May 1, 2003, Volume 26, Number 8, Pages 2599-2802 (PDF)
Final Rules
  • Title 60 Oversight Committee on Public Records -- #02-261 (PDF)

    Amends 60 IAC 2 concerning microfilming standards. Adds 60 IAC 2-2-3.1 concerning the preparation of documents for microfilming. Adds 60 IAC 2-2-5.1 concerning notice and certification of destruction of records. Repeals 60 IAC 2-1-2, 60 IAC 2-1-3, 60 IAC 2-2-6, and 60 IAC 2-2-7.

  • Title 326 Air Pollution Control Board -- #02-55 (PDF)

    Amends 326 IAC 20-25 concerning emissions from reinforced plastics composites fabricating emission units. Adds 326 IAC 20-48 concerning national emission standards for hazardous air pollutants from boat manufacturing.

  • Title 327 Water Pollution Control Board -- #00-136 (PDF)

    Amends 327 IAC 5-2-9 concerning notification requirements for toxic pollutants. Adds 327 IAC 5-2.1 concerning public notification by National Pollutant Discharge Elimination System (NPDES) permit holders of the potential health impact of combined sewer overflows (CSOs).

  • Title 440 Division of Mental Health and Addiction -- #02-218 (PDF)

    Amends 440 IAC 4-3-1 to delete exemptions from mandatory services for community mental health centers. Amends 440 IAC 4.1-2-1, 440 IAC 4.1-2-4, 440 IAC 4.1-2-5, and 440 IAC 4.1-2-9 to require an applicant to be assigned an exclusive geographic primary service area before it is certified as a community mental health center and to make the maintenance of financial viability a requirement of certification. Adds 440 IAC 4.1-3 to establish exclusive geographic primary service areas for community mental health centers, including criteria and procedures to justify a change of an assignment of a community mental health center to a primary service area.

  • Title 832 State Board of Funeral and Cemetery Service -- #02-147 (PDF)

    Amends 832 IAC 2-1-2 to revise the licensing and examination fees charged and collected by the board.

  • Title 839 Social Worker, Marriage and Family Therapist, and Mental Health Counselor Board -- #02-271 (PDF)

    Amends 839 IAC 1-2-2.1 concerning licensure retirement. Amends 839 IAC 1-2-5 concerning fees.

Errata
  • Title 836 Indiana Emergency Medical Services Commission -- #02-91 (PDF)

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

Notice of Withdrawal
  • Title 50 Department of Local Government Finance -- #02-82 (PDF)

  • Title 50 Department of Local Government Finance -- #02-83 (PDF)

  • Title 327 Water Pollution Control Board -- #00-16 (PDF)

  • Title 327 Water Pollution Control Board -- #00-92 (PDF)

  • Title 327 Water Pollution Control Board -- #01-134 (PDF)

  • Title 327 Water Pollution Control Board -- #01-135 (PDF)

  • Title 327 Water Pollution Control Board -- #01-136 (PDF)

  • Title 327 Water Pollution Control Board -- #01-137 (PDF)

  • Title 327 Water Pollution Control Board -- #02-138 (PDF)

  • Title 327 Water Pollution Control Board -- #97-4 (PDF)

  • Title 327 Water Pollution Control Board -- #99-236 (PDF)

  • Title 327 Water Pollution Control Board -- #99-262 (PDF)

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #02-345 (PDF)

Emergency Rules
  • Title 65 State Lottery Commission -- #03-78 (PDF)

    Temporarily adds rules concerning instant game number 631.

  • Title 65 State Lottery Commission -- #03-79 (PDF)

    Temporarily adds rules concerning instant game number 632.

  • Title 65 State Lottery Commission -- #03-80 (PDF)

    Temporarily adds rules concerning instant game number 633.

  • Title 65 State Lottery Commission -- #03-81 (PDF)

    Temporarily adds rules concerning instant game number 634.

  • Title 65 State Lottery Commission -- #03-82 (PDF)

    Temporarily adds rules concerning instant game number 636.

  • Title 65 State Lottery Commission -- #03-83 (PDF)

    Temporarily adds rules concerning pull-tab game number 053.

  • Title 65 State Lottery Commission -- #03-84 (PDF)

    Temporarily adds rules concerning pull-tab game number 054.

  • Title 312 Natural Resources Commission -- #03-85 (PDF)

    Temporarily modifies 312 IAC 9-10-4 to govern game breeder licenses. Modifications prohibit the release of white-tailed deer into the wild and sets forth penalties for noncompliance. In addition, repeals the moratorium on new game breeder licenses for white-tailed deer. Authority: IC 14-10-2-5.

  • Title 312 Natural Resources Commission -- #03-88 (PDF)

    Temporarily modifies size and bag limits for sport fishing on J.C. Murphey Lake in Willow Slough Fish and Wildlife Area in Newton County. NOTE: IC 4-22-2-37.1 establishes the effectiveness of an emergency rule upon filing with the secretary of state. This document was filed with the secretary of state on March 26, 2003.

  • Title 410 Indiana State Department of Health -- #03-86 (PDF)

    Temporarily modifies 410 IAC 1-2.3-47, 410 IAC 1-2.3-48, and temporarily adds a SECTION governing the reporting and control measures of communicable disease to add smallpox and complications related to vaccinations for smallpox. Authority: IC 4-22-2-37.1. NOTE: The original emergency document, LSA Document #03-2(E), as printed at 26 IR 1956, effective February 15, 2003, expires May 16, 2003.

  • Title 410 Indiana State Department of Health -- #03-87 (PDF)

    Temporarily modifies 410 IAC 17-10-1 governing the licensure of home health agencies. Modifications are made to the list of those persons who are not required to be licensed as home health agencies. Authority: IC 4-22-2-37.1.

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

  • Title 405 Office of the Secretary of Family and Social Services -- #02-207 (PDF)

  • Title 405 Office of the Secretary of Family and Social Services -- #02-214 (PDF)

Change in Notice of Public Hearing
  • Title 327 Water Pollution Control Board -- #01-51 (PDF)

  • Title 327 Water Pollution Control Board -- #01-95 (PDF)

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

  • Title 329 Solid Waste Management Board -- #01-288 (PDF)

  • Title 329 Solid Waste Management Board -- #02-160 (PDF)

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

  • Title 515 Professional Standards Board -- #03-11 (PDF)

Notice of Intent to Adopt a Rule
  • Title 10 Office of Attorney General for the State -- #03-101 (PDF)

    Amends 10 IAC 1.5 governing unclaimed property to establish filing dates for reports required by holders of property. Amends 10 IAC 1.5 governing unclaimed property to establish requirements for disclaimer of property. Effective 30 days after filing with the secretary of state. Questions or comments may be directed by mail to the Unclaimed Property Division, Office of the Indiana Attorney General, ATTENTION: Judy Hudson, Indiana Government Center-South, 302 West Washington Street, Fifth Floor, Indianapolis, Indiana 46204 or by electronic mail to jhudson@atag.state.in.us. Statutory authority: IC 32-34-1-52; IC 4-22-2-19(b).

  • Title 10 Office of Attorney General for the State -- #03-104 (PDF)

    Amends 10 IAC 1.5 governing the requirements for a claim for unclaimed property to be considered by the attorney general. Effective 30 days after filing with the secretary of state. Questions or comments may be directed by mail to the Unclaimed Property Division, Office of the Indiana Attorney General, ATTENTION: Judy Hudson, Indiana Government Center-South, 302 West Washington Street, Fifth Floor, Indianapolis, Indiana 46204 or by electronic mail to jhudson@atag.state.in.us. Statutory authority: IC 32-34-1-52; IC 4-22-2-19(b).

  • Title 52 Indiana Board of Tax Review -- #03-89 (PDF)

    Under IC 6-1.5- 6-1, the Indiana Board of Tax Review intends to adopt rules to govern practice and procedures before the Indiana Board of Tax Review. The Indiana Board of Tax Review invites written suggestions, facts, arguments, or views in these matters. Questions or comments may be directed to Annette Biesecker, Chairman, Indiana Board of Tax Review, at 232-3753. Statutory authority: IC 6-1.5-6-1.

  • Title 312 Natural Resources Commission -- #03-91 (PDF)

    Amends 312 IAC 18-5-4 that governs phytosanitary document fees and related fees by increasing those fees from $30 to $50. Adds state phytosanitary certificates to those for which the fees are required but with exemptions. Effective 30 days after filing with the secretary of state. Questions concerning the proposed rule amendments may be directed to the following telephone number: (317) 232-4699 or electronic mail to jkane@dnr.state.in.us. Statutory authority: IC 14-10-2-4; IC 14-24.

  • Title 312 Natural Resources Commission -- #03-92 (PDF)

    Amends 312 IAC 5-6-5 governing special watercraft restrictions on Lake James to include all lakes within the Lake James Chain of Lakes. New restricted watercraft zones would be added, including those for Lake James, the channel between Lake James and Snow Lake, and Follette Creek between Big Otter Lake and Snow Lake. Effective January 1, 2004. Questions or comments may be directed to slucas@dnr.state.in.us or by telephone at 317-233-3322. Statutory authority: IC 14-10-2-4; IC 14-5-7-3.

  • Title 312 Natural Resources Commission -- #03-93 (PDF)

    Amends 312 IAC 25 that assists in the administration of IC 14-34 (sometimes referred to as the "Indiana Surface Control and Reclamation Act" or "Indiana SMCRA") that governs surface coal mining and reclamation activities. Makes numerous changes to help assure conformance with state and federal law. Included among them are new definitions for "land eligible for remining" and "unanticipated event or condition". References to ponds would be modified to describe siltation structures. Designated regulations of the Mine Safety and Health Administration would be incorporated by reference. Refuse piles would be addressed with greater specificity. References to the former Soil Conservation Service are updated to identify the Natural Resources Conservation Service. New standards address consultation with the Secretary of Agriculture, permits on prime farmland, permits on lands eligible for remining, certifications by a permittee who seeks a bond release, the development of baselines for hydrologic information, and the frequency of inspections of abandoned sites. Provides for the confidentiality of information and location of archaeological resources on public and Indian lands. Specifies that, in addition to the director of the department of natural resources, the Secretary of the Interior may perform mine inspections. Makes numerous other substantive and technical changes. Questions and comments may be sent to the Division of Hearings, Natural Resources Commission, 402 West Washington Street, Room W272, Indianapolis, Indiana 46204 or by telephone at (317) 233-3322. Statutory authority: IC 14-34-2-1.

  • Title 410 Indiana State Department of Health -- #03-90 (PDF)

    Amends the rules on comprehensive care facilities to update the incorporated reference to the life safety code. Written comments may be submitted to the Indiana State Department of Health, ATTENTION: Long Term Care, 2 North Meridian Street, Indianapolis, Indiana 46204. Statutory authority: IC 16-28-1-7; IC 16-28-1-12.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #03-99 (PDF)

    Adds provisions affecting providers and recipients of assisted living services under the Medicaid waiver program authorized by P.L.100-2000. Statutory authority: IC 12-8-8-4; IC 12-9-2-3.

  • Title 550 Board of Trustees of the Indiana State Teachers' Retirement Fund -- #03-100 (PDF)

    Adds 550 IAC 7 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 the Indiana State Teachers' Retirement Fund, 150 West Market Street, Suite 300, Indianapolis, Indiana 46204 or by electronic mail to tdavidson@trf.state.in.us. Statutory authority: IC 21-6.1-3-6.

  • Title 888 Indiana Board of Veterinary Medical Examiners -- #03-103 (PDF)

    Amends 888 IAC 1.1-6-1 concerning applicants who are applying to take the NAVLE examination. Effective 30 days after filing with the secretary of state. Public comments are invited and may be directed to the Indiana Board of Veterinary Medical Examiners, ATTENTION: Director, 402 West Washington Street, Room W041, Indianapolis, Indiana 46204 or by electronic mail to cvaught@hpb.state.in.us. Statutory authority: IC 15-5-1.1-11.

  • Title 905 Alcohol and Tobacco Commission -- #03-94 (PDF)

    Amends 905 IAC 1-15.2-3 to clarify conditions under which minors may be present in permit premises containing restaurants. Questions concerning the proposed rule may be directed to Mary L. DePrez, Chairperson, Alcohol and Tobacco Commission, at (317) 232-2444. Statutory authority: IC 7.1-2-3-7.

  • Title 905 Alcohol and Tobacco Commission -- #03-95 (PDF)

    Amends 905 IAC 1-27-4 to clarify the commission's obligation to determine the desirability of the permit in regard to the general geographical location of said permit. Provides that the issue regarding location must first be raised by remonstrators, who bear the burden of proof by a preponderance of the evidence. Questions concerning the proposed rule may be directed to Mary L. DePrez, Chairperson, Alcohol and Tobacco Commission, at (317) 232-2444. Statutory authority: IC 7.1-2-3-7.

  • Title 905 Alcohol and Tobacco Commission -- #03-96 (PDF)

    Adds 905 IAC 1-35.1 to establish procedures governing the issuance of annual race track permits. Questions concerning the proposed rule may be directed to Mary L. DePrez, Chairperson, Alcohol and Tobacco Commission, at (317) 232-2444. Statutory authority: IC 7.1-2-3-7.

  • Title 905 Alcohol and Tobacco Commission -- #03-97 (PDF)

    Amends 905 IAC 1-36-2 to provide that appeals to the commission must be verified or signed under the penalties for perjury. Also provides that an appellant's request to appeal must be accompanied by specifically stating the objections to the local board's recommendation. Questions concerning the proposed rule may be directed to Mary L. DePrez, Chairperson, Alcohol and Tobacco Commission, at (317) 232-2444. Statutory authority: IC 7.1-2-3-7.

Proposed Rules
  • Title 307 Indiana Board of Registration for Soil Scientists -- #03-32 (PDF)

    Adds 307 IAC to establish standards for the Indiana registry of soil scientists.

  • Title 312 Natural Resources Commission -- #02-329 (PDF)

    Adds 312 IAC 20-5 to assist the historic preservation review board in the administration of the register of Indiana historic sites and historic structures.

  • Title 312 Natural Resources Commission -- #03-29 (PDF)

    Amends 312 IAC 5-6-6 that provides restricted watercraft zones on Lake Wawasee and Syracuse Lake to provide greater specificity for an idle speed zone within Conklin Bay, Lake Wawasee. The amendments would make other technical changes. Currently, the zone on Conklin Bay is established by a temporary rule designated as LSA Document #03-26(E).

  • Title 312 Natural Resources Commission -- #03-30 (PDF)

    Amends 312 IAC 11-5-1 governing exceptions to licensing standards for nonconforming uses with respect to construction along and within public freshwater lakes. A new exception would be recognized in 312 IAC 11-5-1 where needed for construction by a governmental entity in order to comply with the federal Americans with Disabilities Act.

  • Title 410 Indiana State Department of Health -- #02-295 (PDF)

    Amends 410 IAC 6-7.2 regarding the operation and sanitation of youth camps.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #02-326 (PDF)

    Amends 460 IAC 6 concerning types of supported living services and supports, provider qualifications and supervision, and reporting requirements.

  • Title 470 Division of Family and Children -- #03-33 (PDF)

    Adds 470 IAC 10.2 concerning the determination of financial eligibility and the amount of assistance payments in the Temporary Assistance to Needy Families (TANF) program and sanctions for noncompliance with certain TANF program requirements. Repeals 470 IAC 10.1-3-4, 470 IAC 10.1-3-4.1, and 470 IAC 10.1-3-5.

  • Title 845 Board of Podiatric Medicine -- #02-341 (PDF)

    Adds 845 IAC 1-5-2.1 concerning reporting of continuing education credit. Repeals 845 IAC 1-5-2.

  • Title 845 Board of Podiatric Medicine -- #03-46 (PDF)

    Amends 845 IAC 1-3-1 concerning licensure by endorsement. Amends 845 IAC 1-3-2 concerning licensure by examination. Adds 845 IAC 1-3-3 concerning the definition for progressive graduate podiatric medical training. Amends 845 IAC 1-4.1-1 concerning mandatory renewal. Amends 845 IAC 1-4.1-2 concerning notice for mandatory renewal. Amends 845 IAC 1-4.1-7 concerning inactive status. Amends 845 IAC 1-5-1 concerning continuing education hours required. Amends 845 IAC 1-5-3 concerning approval of continuing education programs. Repeals 845 IAC 1-4.1-4.

  • Title 845 Board of Podiatric Medicine -- #03-47 (PDF)

    Adds 845 IAC 1-6-9 concerning fees. Repeals 845 IAC 1-6-8.

  • Title 905 Alcohol and Tobacco Commission -- #03-38 (PDF)

    Adds 905 IAC 1-5.2-9.1 concerning the amount of product a wholesaler or primary source of supply may furnish to a retailer or dealer who has not previously purchased such product from such wholesaler or primary source of supply. Adds 905 IAC 1-5.2-9.2 to govern the activities of a retailer, wholesaler, and supplier in the case of a consumer sampling of wine, liquor, or cordials in accordance with the Indiana Code. Repeals 905 IAC 1-5.2-9.

  • Title 905 Alcohol and Tobacco Commission -- #03-39 (PDF)

    Amends 905 IAC 1-11.1-1 to increase the fees for temporary beer/wine permits. Amends 905 IAC 1-11.1-2 to provide that the commission may revoke a temporary permit for good cause at any time, including before the event.

  • Title 905 Alcohol and Tobacco Commission -- #03-40 (PDF)

    Amends 905 IAC 1-13-3 concerning service to nonmembers in clubs to conform with IC 7.1-3-20-8.6. Adds 905 IAC 1-13-6 to require the public posting of operating dates prior to operating under the provisions of IC 7.1-3-20-2.5 (Sunday sales) and IC 7.1-3-20-8.6 (guest nights). Requires notification and approval of the state excise police district office prior to operating. Requires adherence to the dates publicly posted. Provides penalties for failure to post operating dates as well as for operation on dates other than those approved and posted.

Readopted Rules
  • Title 10 Office of Attorney General for the State -- #03-102 (PDF)

  • Title 240 State Police Department -- #03-98 (PDF)

  • Title 675 Fire Prevention and Building Safety Commission -- #03-48(p) (PDF)

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #02-237(f) (PDF)

AROC Notices
  • Title 405 Office of the Secretary of Family and Social Services -- (PDF)

Nonrule Policy Documents (PDF)