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-IR- Database: Indiana Register

Indiana Register - May 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).
May 1, 2005, Volume 28, Number 8, Pages 2343-2654 (PDF)
Final Rules
  • Title 312 Natural Resources Commission -- #04-215 (PDF)

    Amends 312 IAC 2-4-6 and 312 IAC 2-4-14, which governs fishing tournaments and other organized boating activities, to reduce from 90 days to 60 days the minimum period an application must be filed with the department of natural resources before the activity is to occur and to establish a licensure requirement for fishing tournaments on Sylvan Lake, Noble County.

  • Title 327 Water Pollution Control Board -- #03-130 (PDF)

    Adds 327 IAC 5-3.5 to establish a process and application requirements for obtaining a variance from the existing water quality criterion used to establish a water quality-based effluent limitation for mercury in wastewater discharges permitted under the National Pollutant Discharge Elimination System (NPDES) program.

  • Title 345 Indiana State Board of Animal Health -- #04-158 (PDF)

    Adds 345 IAC 6-2 to establish procedures for importing horses from contagious equine metritis (CEM) regions to approved CEM quarantine facilities including quarantine and testing procedures.

  • Title 410 Indiana State Department of Health -- #04-161 (PDF)

    Amends 410 IAC 21-3-8 and 410 IAC 21-3-9 to remove birth weight less than 2,500 grams and stillbirth as reportable conditions, require reporting of both pervasive developmental disorders and fetal alcohol spectrum disorder that is recognized in a child before five years of age, and amend the maximum age of a child whose diagnosis must be reported to the registry and whose report must be included in the registry from two years to three years. Repeals 410 IAC 21-3-6.

  • Title 440 Division of Mental Health and Addiction -- #04-229 (PDF)

    Amends 440 IAC 7.5 to make clearer the intent of the residential rule, to make it consistent throughout, to repeal the $520 limit on the residential living allowance, and to update references to the 2000 edition of the Life Safety Code.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #04-76 (PDF)

    Adds 460 IAC 2-2.1 to reestablish and maintain a board of interpreter standards that was established by a previous rule that has expired, including composition of the board and its powers and duties that enable the board to determine the necessary competency and proficiency standards for sign language interpreters and oral interpreters.

  • Title 675 Fire Prevention and Building Safety Commission -- #04-56 (PDF)

    Amends 675 IAC 22-2.3, the 2003 Indiana Fire Code, to make substantive and clarifying changes and to add provisions concerning haunted houses. Repeals 675 IAC 22-2.2-49.5, 675 IAC 22-2.2-134.5, 675 IAC 22-2.2-183, 675 IAC 22-2.2-221.5, 675 IAC 22-2.2-245.2, 675 IAC 22-2.2-245.5, 675 IAC 22-2.2-365.2, 675 IAC 22-2.2-365.5, 675 IAC 22-2.2-369.5, 675 IAC 22-2.2-378.5, 675 IAC 22-2.2-412.5, 675 IAC 22-2.2-437.5, 675 IAC 22-2.2-437.7, 675 IAC 22-2.2-443.5, and 675 IAC 22-2.2-540.

  • Title 760 Department of Insurance -- #04-140 (PDF)

    Amends 760 IAC 1-21 regarding definitions, filing of proof of financial responsibility, use of insurance and means other than insurance for proof of financial responsibility, certificates of insurance, deposits, reserves, surcharge payment and amount, corporations as qualified health care providers, the annual aggregate, settlement of claims, and communication between the Department of Insurance and the health care provider.

  • Title 804 Board of Registration for Architects and Landscape Architects -- #04-156 (PDF)

    Amends 804 IAC 1.1-1-1 to revise the definition of valid certificate. Adds 804 IAC 1.1-8 to establish the continuing education requirements for registered architects and landscape architects.

  • Title 820 State Board of Cosmetology Examiners -- #04-254 (PDF)

    Amends 820 IAC 4-3-1 to establish the education and examination requirements for an instructor license to allow an instructor licensed under IC 25-8-6, IC 25-8-6.1, or IC 25-8-6.2 to qualify for another instructor license without further instructor education or examination provided the licensed instructor meets licensing and experience requirements and to revise the licensing requirements for an individual teaching manicuring in a cosmetology school.

  • Title 828 State Board of Dentistry -- #04-189 (PDF)

    Adds 828 IAC 1-5-6 to require that continuing education credit for dentists and dental hygienists must include two hours in ethics, professional responsibility, statutes governing the licensure and practice of dentists and dental hygienists, or administrative rules governing the licensure and practice of dentists and dental hygienists.

  • Title 848 Indiana State Board of Nursing -- #04-97 (PDF)

    Amends 848 IAC 1-1-6 concerning requirements for licensure by examination. Amends 848 IAC 1-1-7 concerning requirements for licensure by endorsement. Repeals 848 IAC 6.

  • Title 856 Indiana Board of Pharmacy -- #04-173 (PDF)

    Amends 856 IAC 1-30 to revise the standards for the preparation, labeling, and distribution of sterile pharmaceutical products by licensed pharmacists.

  • Title 865 State Board of Registration for Land Surveyors -- #04-175 (PDF)

    Amends 865 IAC 1-11-1 to revise the fees charged and collected by the board.

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

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

Notice of Recall
  • Title 207 Coroners Training Board -- #04-231 (PDF)

Notice of Withdrawal
  • Title 470 Division of Family and Children -- #04-77 (PDF)

  • Title 820 State Board of Cosmetology Examiners -- #04-322 (PDF)

Emergency Rules
  • Title 52 Indiana Board of Tax Review -- #05-54 (PDF)

    Temporarily adds provisions establishing procedures to govern proceedings before the Indiana board of tax review with respect to appeals for the 2002 assessment year in Lake County. Authority: HEA 1535, P.L.235-2003; IC 4-22-2-37.1; IC 6-1.1-4-34.

  • Title 65 State Lottery Commission -- #05-61 (PDF)

    Temporarily adds rules concerning scratch-off game number 750.

  • Title 65 State Lottery Commission -- #05-62 (PDF)

    Temporarily adds rules concerning pull-tab game number 033.

  • Title 65 State Lottery Commission -- #05-63 (PDF)

    Temporarily adds rules concerning scratch-off game number 754.

  • Title 65 State Lottery Commission -- #05-64 (PDF)

    Temporarily adds rules concerning scratch-off game number 761.

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

    Temporarily adds rules concerning scratch-off game number 752.

  • Title 312 Natural Resources Commission -- #05-44 (PDF)

    Temporarily amends 312 IAC 5-8-4, which establishes special watercraft restrictions on the LaPorte County waters of Lake Michigan and Trail Creek, to establish a no-boat zone in an unnamed channel along Trail Creek in Michigan City that holds the Blue Chip Casino to help assure public safety while a new casino vessel is constructed on-site and to protect environmental resources by having reconnection of the channel take place after the conclusion of fish stocking and major spring migrations for fish spawning.

  • Title 312 Natural Resources Commission -- #05-52 (PDF)

    Temporarily amends 312 IAC 9-4-11, governing taking and possessing wild turkeys, to prohibit the taking of wild turkeys in designated counties in the spring season and to provide for tagging of the carcass of a wild turkey taken under the "automated point of sale licensing system" authorized by IC 14-22-12-7.5.

  • Title 312 Natural Resources Commission -- #05-53 (PDF)

    Temporarily amends 312 IAC 5-7-14, which governs the operation of watercraft on the Tippecanoe River in White County and Carroll County, including Lake Shafer and Lake Freeman, to establish a ten-mile-per-hour speed limit on the portion of Lake Shafer and the Tippecanoe River where dredging operations are scheduled to take place within the next year.

  • Title 312 Natural Resources Commission -- #05-56 (PDF)

    Temporarily amends 312 IAC 18-3 of the article pertaining to entomology and plant pathology to regulate the emerald ash borer (Agrilus planipennis) as a pest or pathogen, to provide standards for quarantine in Newbury Township in LaGrange County, which is infested with the species. (This temporary rule is in addition to an emergency rule published as LSA Document #04-307(E) that establishes a quarantine for emerald ash borers in Clay Township and Van Buren Township in LaGrange County and for Jamestown Township and Millgrove Township in Steuben County.).

  • Title 312 Natural Resources Commission -- #05-59 (PDF)

    Temporarily amends 312 IAC 5-6, which governs restrictions on the operation of watercraft on public freshwater lakes, to establish a restricted watercraft zone in an area commonly known as "the Prairie" within Lake Manitou, Fulton County.

Change in Notice of Public Hearing
  • Title 326 Air Pollution Control Board -- #04-234 (PDF)

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

Notice of Intent to Adopt a Rule
  • Title 312 Natural Resources Commission -- #05-57 (PDF)

    Amends 312 IAC 3-1-9 that governs defaults, dismissals, and uncontested orders. An administrative law judge is authorized to issue a final order (1) where the parties have tendered an agreed order; or, (2) where an administrative law judge has issued a nonfinal order, that was subject to written objections, but no party has filed timely objections. The secretary of the commission may, however, serve written notice of the intent to review any nonfinal order. Questions or comments may be directed to slucas@nrc.in.gov or by telephone at (317) 233-3322. Statutory authority: IC 4-21.5-3-34; IC 14-10-2-4.

  • Title 315 Office of Environmental Adjudication -- #05-73 (PDF)

    Under IC 4-21.5-7-7, the Office of Environmental Adjudication intends to amend the rules of procedure for the Office of Environmental Adjudication, 315 IAC 1 et seq. and to correct errata remaining in the rule. Written comments may be submitted to the Office of Environmental Adjudication, Attention: Catherine Gibbs, Indiana Government Center-North, 100 North Senate Avenue, Room N1049, Indianapolis, Indiana 46204 or by electronic mail to cgibbs@oea.state.in.us. Statutory authority: IC 4-21.5-7-7.

  • Title 345 Indiana State Board of Animal Health -- #05-70 (PDF)

    The rule will amend 345 IAC 9 and 345 IAC 10 to update federal regulations and other matters incorporated by reference governing the slaughter and processing of livestock and poultry. The rule may authorize a voluntary inspection program for the slaughter of domesticated rabbits and the processing of rabbit products for human consumption. Comments on the proposed rule 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 ghaynes@boah.state.in.us. Statutory authority: IC 15-2.1-3-19.

  • Title 345 Indiana State Board of Animal Health -- #05-74 (PDF)

    The rule will 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. The rule will add a requirement that a person obtain a premises identification number prior to buying, selling, or exhibiting certain livestock and require a person holding a livestock exhibition to register the event with the state veterinarian and keep records. Partially effective 30 days after filing with the Secretary of State and partially effective January 1, 2006. Submit questions or comments to the Indiana State Board of Animal Health, Attention: Legal Affairs, 805 Beachway Drive, Suite 50, Indianapolis, Indiana 46224 or by electronic mail to ghaynes@boah.state.in.us. Statutory authority: IC 15-2.1-3-19.

  • Title 405 Office of the Secretary of Family and Social Services -- #05-76 (PDF)

    Amends 405 IAC 5-24 to revise the Medicaid reimbursement policy for pharmacy services. Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-21-2; IC 12-15-21-3.

  • Title 515 Professional Standards Board -- #05-71 (PDF)

    Adds corrections to 515 IAC 8 to provide clarity on certain requirements and procedures for the issuance by the Indiana Professional Standards Board of the initial practitioner license. Public comments are invited and may be directed to the Indiana Professional Standards Board, 101 W. Ohio Street, Indianapolis, IN 46204. Statutory authority: IC 20-1-1.4-7.

  • Title 515 Professional Standards Board -- #05-72 (PDF)

    Adds changes to 515 IAC 9 to provide clarity on certain requirements and procedures for the issuance of various licenses and permits issued by the Indiana Professional Standards Board. Public comments are invited and may be directed to the Indiana Professional Standards Board, 101 W. Ohio Street, Indianapolis, IN 46204. Statutory authority: IC 20-1-1.4-7.

  • Title 675 Fire Prevention and Building Safety Commission -- #05-58 (PDF)

    To adopt and amend the International Energy Conservation Code 2004 Supplement to replace the current Indiana Energy Conservation Code (675 IAC 19-3). Public comments are invited and may be directed to the Department of Fire and Building Services, Attention: Technical Services, Indiana Government Center-South, 402 West Washington Street, Room W246, Indianapolis, Indiana 46204 or by e-mail at jweesner@sema.state.in.us. Statutory authority: IC 22-13-2-2; IC 22-13-2-13.

  • Title 710 Securities Division -- #05-81 (PDF)

    Adds 710 IAC 1-22 to establish definitions, phrases, and standards for loan brokers. Questions or comments may be directed to Silvia Miller at smiller@sos.state.in.us or by telephone at (317) 234-2741. Statutory authority: IC 23-2-1-15.

  • Title 760 Department of Insurance -- #05-75 (PDF)

    To amend 760 IAC 1-68 regarding the requirements for financial statements, net worth, applications, board of directors, open enrollment, place of business, stop loss coverage, benefits, and renewal of a registration as well as the general requirements for limited service multiple employer welfare arrangements and professional employer organizations. 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 27-1-34-9.

  • Title 820 State Board of Cosmetology Examiners -- #05-68 (PDF)

    Amends 820 IAC 4-1-7 to require cosmetology schools to retain records that include the final practical demonstration examination grades. Amends 820 IAC 4-1-9 to require cosmetology schools to include in student records each student's final practical demonstration examination grades. Amends 820 IAC 4-1-11 to revise the definition of graduation from a cosmetology school to require that students must take and pass a final practical demonstration examination that addresses the acts that are permitted by license. Amends 820 IAC 4-1-12 to require cosmetology schools to provide the final practical demonstration examination grades on a student's application for licensure. Establishes the requirements and procedures for cosmetology schools to administer the final practical demonstration examination for students. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Attn.: Board Director, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at pla12@pla.state.in.us. Statutory authority: IC 25-8-3-23; IC 25-8-5-4.

  • Title 820 State Board of Cosmetology Examiners -- #05-69 (PDF)

    Amends 820 IAC 2-2-3 to establish the procedures for examination candidates that fail to pass the state board examinations under IC 25-8 after three years. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Attn.: Board Director, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at pla12@pla.state.in.us. Statutory authority: IC 25-8-3-23; IC 25-8-5-4.

  • Title 865 State Board of Registration for Land Surveyors -- #05-82 (PDF)

    Amends 865 IAC 1-1 to revise the definitions and board meeting scheduling. Amends 865 IAC 1-2 to revise the minimum education and experience requirements established under IC 25-21.5-5-2 for admission to the land surveyor and land surveyor-in-training examination. Amends 865 IAC 1-3-2 concerning students enrolled in an approved land surveying curriculum submitting the SIT examination application to a board designee on the student's campus. Amends 865 IAC 1-4 to update and clarify requirements concerning examinations. Amends 865 IAC 1-5 to revise the standards for comity registration. Amends 865 IAC 1-7 to revise the design, application, and use of the land surveyor seal and to establish the definitions, standards, and requirements for the use of electronic or digital signatures. Amends 865 IAC 1-8-1 to clarify language regarding the payment of renewal fees. Amends 865 IAC 1-9 to require a registrant to identify the address of all the offices that the registrant is in responsible charge of land surveying work and to require a registrant to notify the board of any change in the registrant's address and office address. Revises 865 IAC 1-10-11 and 865 IAC 1-10-12 to update the disclosure of conflicts of interest. Amends 865 IAC 1-12 to revise the standards for the competent practice of land surveying. Amends 865 IAC 1-13 to revise the continuing education requirements for registered land surveyors. Amends 865 IAC 1-14 to revise the requirements for land surveyor continuing education providers. Repeals 865 IAC 1-12-8, 865 IAC 1-12-15, 865 IAC 1-12-16, 865 IAC 1-12-17, 865 IAC 1-12-19, and 865 IAC 1-12-26. Questions or comments concerning the proposed rules may be directed to: State Board of Registration of Land Surveyors, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204 or by electronic mail at pla10@pla.state.in.us. Statutory authority: IC 25-21.5-2-14; IC 25-21.5-8-7.

  • Title 872 Indiana Board of Accountancy -- #05-67 (PDF)

    Amends 872 IAC 1-6 to revise the requirements and procedures for a quality review program for CPA and PA firms. 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, Indiana 46204-2700 or by electronic mail at pla11@pla.state.in.us. Statutory authority: IC 25-2.1-2-15; IC 25-2.1-5-8; IC 25-2.1-5-9.

Proposed Rules
  • 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, to allow the use of water as a material for filling uncemented intervals in a plugged well.

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

    Amends 312 IAC 8, which governs the public use of DNR properties, to clarify that the DNR's issuance of a lease, license, or concession does not disqualify an area from administration as a "DNR property", to remove the general prohibition on leaving vehicles, watercraft, and other equipment in a DNR parking lot in excess of 48 hours, though this prohibition or a similar prohibition may still be established by signage at specified parking lots, to clarify the permit possession requirements on fish and wildlife areas and on reservoir properties, and to make other technical changes.

  • Title 655 Board of Firefighting Personnel Standards and Education -- #04-297 (PDF)

    Amends 655 IAC 1-1-5.1 and adds 655 IAC 1-2.1-111 through 655 IAC 1-2.1-115 to add certifications for National Incident Management System-First Responder certifications and make conforming section changes.

  • Title 760 Department of Insurance -- #05-5 (PDF)

    Amends 760 IAC 3-1, 760 IAC 3-2, 760 IAC 3-4 through 760 IAC 3-9, 760 IAC 3-11, 760 IAC 3-12, 760 IAC 3-14, 760 IAC 3-15, and 760 IAC 3-18 to implement updates to the National Association of Insurance Commissioner model Medicare supplement insurance minimum standards model act.

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

    Adds 760 IAC 1-71 regarding the costs that can be charged for providing copies of medical records.

Readopted Rules
  • Title 305 Indiana Board of Licensure for Professional Geologists -- #05-60 (PDF)

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

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

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

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

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

AROC Notices
  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #04-75 (PDF)

  • Title 675 Fire Prevention and Building Safety Commission -- #04-196 (PDF)

IC 13-14-9 Notices
  • Title 326 Air Pollution Control Board -- #05-77 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to 326 IAC 1-4-1, concerning attainment status designations for the fine particulate National Ambient Air Quality Standard (PM2.5 standard). 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 -- #05-78 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to rule 326 IAC 2-6 to add particulate matter less than or equal to 2.5 micrometers (PM2.5) and ammonia (NH3) to the list of pollutants to be reported on the emission statement, add LaPorte County to the list of counties at 326 IAC 2-6-1(a)(2) subject to the emission statement requirements in Section 182(a)(3)(b) of the Clean Air Act, and any clarification that might be needed in 326 IAC 2-6. 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 -- #05-79 (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to 326 IAC 1-2-33.5, 326 IAC 1-2-48, and 326 IAC 1-2-90 for the purpose of incorporating by reference federal exclusions of volatile organic compounds (VOCs) and federally delisted hazardous air pollutants (HAPs) from their current corresponding definitions. IDEM has scheduled a public hearing before the air pollution control board (APCB) for consideration of preliminary adoption of these rules.

  • Title 326 Air Pollution Control Board -- #05-80 (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language to incorporate by reference 69 FR 40072 at 326 IAC 19-2-1 for the purpose of updating the transportation conformity rules and has scheduled a public hearing/meeting before the air pollution control board (board) for consideration of preliminary adoption of these rules.

  • Title 327 Water Pollution Control Board -- #05-24 (PDF)

    Pursuant to IC 13-14-9.5-4(c), the Indiana Department of Environmental Management (IDEM) is publishing a notice of readoption of rules in Title 327 of the Indiana Administrative Code. With this notice, IDEM is providing notification that the following rules are readopted.

  • Title 329 Solid Waste Management Board -- #05-66 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on new rules and amendments to rules in 329 IAC 3.1 concerning the following:

Other Notices (PDF)
    Nonrule Policy Documents (PDF)