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-IR- Database: Indiana Register

Indiana Register - May 1, 2006

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 PDF format by clicking on (PDF).

May 1, 2006, Volume 29, Number 8, Pages 2507-2858 (PDF)
Final Rules
  • Title 50 Department of Local Government Finance -- #05-142 (PDF)

    Adds 50 IAC 21-1-3 in accordance with P.L.228-2005 (SEA 327-2005). Adds 50 IAC 21-2-1.5 to define commissioner. Amends 50 IAC 21-2-2 with minor technical changes. Adds 50 IAC 21-2-2.5 to define department. Amends 50 IAC 21-2-3 with minor technical changes. Amends 50 IAC 21-3-3 in accordance with P.L.228-2005 (SEA 327-2005). Amends 50 IAC 21-4-1, 50 IAC 21-4-2, and 50 IAC 21-5-2 to reflect statutory changes regarding PTABOA involvement in setting land values. Amends 50 IAC 21-6-1 in accordance with P.L.228-2005 (SEA 327-2005). Amends 50 IAC 21-7-1 to make minor technical changes. Amends 50 IAC 21-8-1 to fully incorporate ratio assessment studies into the annual adjustment process. Amends 50 IAC 21-9-1 and 50 IAC 21-10-1 to make minor technical changes. Amends 50 IAC 21-11-1 to include price-related differential analysis. Repeals 50 IAC 21-4-3 to reflect statutory changes regarding PTABOA involvement in setting land values.

  • Title 326 Air Pollution Control Board -- #05-230 (PDF)

    Amends 326 IAC 1-1-3 concerning references to the Code of Federal Regulations.

  • Title 326 Air Pollution Control Board -- #05-236 (PDF)

    Adds 326 IAC 20-29 concerning national emission standards for hazardous air pollutants for steel pickling hydrochloric acid process sources and hydrochloric acid regeneration plants.

  • Title 345 Indiana State Board of Animal Health -- #05-121 (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, control, and eradicate diseases and pests of animals.

  • Title 345 Indiana State Board of Animal Health -- #05-177 (PDF)

    Amends 345 IAC 2.5-3-2 to reduce from six months to 60 days the period following a whole herd test for tuberculosis during which animals may be moved into the state from modified accredited or accreditation preparatory states or zones without an individual tuberculin test. Makes other technical changes in the law of tuberculosis control.

  • Title 345 Indiana State Board of Animal Health -- #05-216 (PDF)

    Amends 345 IAC 1-3-17 and 345 IAC 1-3-19 concerning the movement of sheep and goats into Indiana. Repeals 345 IAC 7-5-17 and 345 IAC 7-5-18 concerning identification and health requirements for exhibiting sheep and goats.

  • Title 357 Indiana Pesticide Review Board -- #05-215 (PDF)

    Adds 357 IAC 1-12 to establish definitions for the term drift and other related terms and to prohibit anyone from applying a pesticide in a manner that results in drift of the pesticide from the target site in sufficient quantities to cause harm to a nontarget site.

  • Title 405 Office of the Secretary of Family and Social Services -- #05-209 (PDF)

    Adds 405 IAC 6-10 and 405 IAC 8 to implement a program to complement the federal Medicare Prescription Drug Benefit and to establish program eligibility and enrollment guidelines.

  • Title 410 Indiana State Department of Health -- #05-259 (PDF)

    Amends 410 IAC 1-4-1.1 to amend the definition of bloodborne pathogens. Amends 410 IAC 1-4-4.3 to add a definition of HCV. Amends 410 IAC 1-4-8 to update the sterilization requirements for equipment and environmental surfaces.

  • Title 414 Hospital Council -- #05-95 (PDF)

    Adds 414 IAC 1-1-3 and 414 IAC 1-1-4 to establish licensing fees for abortion clinics and birthing centers.

  • Title 828 State Board of Dentistry -- #05-226 (PDF)

    Amends 828 IAC 0.5-2-3 and 828 IAC 0.5-2-4 concerning fees for licensure to practice dentistry and dental hygiene. Amends 828 IAC 1-1-1 through 828 IAC 1-1-3, 828 IAC 1-1-6, and 828 IAC 1-1-7 concerning the requirements for licensure of dentists by examination to facilitate the outsourcing of the administration of the examinations. Amends 828 IAC 1-2-1 through 828 IAC 1-2-3 and 828 IAC 1-2-6 concerning the requirements for licensure of dental hygienists by examination to facilitate the outsourcing of the administration of the examination. Amends 828 IAC 1-3-1.1, 828 IAC 1-3-1.5, and 828 IAC 1-3-2 concerning licensure to practice dentistry and dental hygiene by endorsement. Repeals 828 IAC 1-1-8, 828 IAC 1-1-12, 828 IAC 1-1-21, 828 IAC 1-2-7; 828 IAC 1-2-8, 828 IAC 1-2-9, 828 IAC 1-2-12, and 828 IAC 1-2-14.

Errata
  • Title 65 State Lottery Commission -- #06-99 (PDF)

  • Title 71 Indiana Horse Racing Commission -- #06-71 (PDF)

  • Title 71 Indiana Horse Racing Commission -- #06-78 (PDF)

  • Title 327 Water Pollution Control Board -- #03-129 (PDF)

  • Title 327 Water Pollution Control Board -- #06-117 (PDF)

Notice of Recall
  • Title 50 Department of Local Government Finance -- #05-252 (PDF)

  • Title 856 Indiana Board of Pharmacy -- #05-138 (PDF)

Notice of Withdrawal
  • Title 410 Indiana State Department of Health -- #05-192 (PDF)

  • Title 804 Board of Registration for Architects and Landscape Architects -- #05-145 (PDF)

  • Title 808 State Boxing Commission -- #05-151 (PDF)

  • Title 832 State Board of Funeral and Cemetery Service -- #05-179 (PDF)

  • Title 852 Indiana Optometry Board -- #05-184 (PDF)

  • Title 860 Indiana Plumbing Commission -- #05-154 (PDF)

  • Title 862 Private Detectives Licensing Board -- #05-157 (PDF)

  • Title 864 State Board of Registration for Professional Engineers -- #05-162 (PDF)

  • Title 865 State Board of Registration for Land Surveyors -- #05-163 (PDF)

  • Title 872 Indiana Board of Accountancy -- #05-164 (PDF)

  • Title 876 Indiana Real Estate Commission -- #05-150 (PDF)

Emergency Rules
  • Title 50 Department of Local Government Finance -- #06-89 (PDF)

    Temporarily establishes procedures for application and administration of the investment deduction established by IC 6-1.1-12.4 until the department establishes permanent rules on this subject or July 1, 2006, whichever comes first. Authority: IC 4-22-2-37.1; SEA 260-2006.

  • Title 65 State Lottery Commission -- #06-82 (PDF)

    Temporarily adds rules concerning scratch-off game number 803.

  • Title 65 State Lottery Commission -- #06-83 (PDF)

    Temporarily adds rules concerning scratch-off game number 801.

  • Title 65 State Lottery Commission -- #06-85 (PDF)

    Temporarily adds rules concerning scratch-off game number 817.

  • Title 65 State Lottery Commission -- #06-86 (PDF)

    Temporarily adds rules concerning scratch-off game number 820.

  • Title 65 State Lottery Commission -- #06-87 (PDF)

    Temporarily adds rules concerning scratch-off game number 804.

  • Title 65 State Lottery Commission -- #06-90 (PDF)

    Temporarily adds rules concerning scratch-off game number 805.

  • Title 65 State Lottery Commission -- #06-99 (PDF)

    Amends 65 IAC 1-1-18 concerning collection of fees for services rendered.

  • Title 65 State Lottery Commission -- #06-100 (PDF)

    Amends 65 IAC 3-3-3 concerning retailer contracts for on-line games and pull-tab games.

  • Title 65 State Lottery Commission -- #06-101 (PDF)

    Temporarily adds rules concerning scratch-off game number 809.

  • Title 65 State Lottery Commission -- #06-102 (PDF)

    Temporarily adds rules concerning pull-tab game number 074.

  • Title 65 State Lottery Commission -- #06-103 (PDF)

    Temporarily adds rules concerning scratch-off game number 802.

  • Title 65 State Lottery Commission -- #06-104 (PDF)

    Temporarily adds rules concerning pull-tab game number 073.

  • Title 312 Natural Resources Commission -- #06-88 (PDF)

    Temporarily amends 312 IAC 18-3 to regulate Brazilian elodea (Egeria densa) as a pest or pathogen.

  • Title 405 Office of the Secretary of Family and Social Services -- #06-81 (PDF)

    Temporarily adds provisions to Medicaid provider enrollment requirements to specify criteria for the Office of Medicaid Policy and Planning to enter into a provider agreement with a nursing facility and conditions for reimbursement when an existing provider makes changes in certified beds. Authority: IC 4-22-2-37.1(a)(19); IC 12-8-1-12; IC 12-15-11.

  • Title 405 Office of the Secretary of Family and Social Services -- #06-84 (PDF)

    Temporarily adds a rule reducing Medicaid rate increases for HIV nursing facilities. Temporarily adds a rule reducing Medicaid rate increases for nursing facilities. Authority: IC 4-22-2-37.1(a)(19); IC 12-8-1-12(c).

  • Title 685 Regulated Amusement Device Safety Board -- #06-106 (PDF)

    Temporarily adds rules to regulate bungee jumping and bungee jump facilities as provided in P.L.32-2006. Authority: SEA 81-2006, SECTION 4 (P.L.32-2006).

  • Title 750 Department of Financial Institutions -- #06-80 (PDF)

    Amends 750 IAC 1-1-1 to change the dollar amounts in the Uniform Consumer Credit Code. Authority: IC 4-22-2-37.1(a)(6).

Notice of Rule Adoption
  • Title 405 Office of the Secretary of Family and Social Services -- #05-294 (PDF)

Change in Notice of Public Hearing
  • Title 50 Department of Local Government Finance -- #05-143 (PDF)

Notice of Intent to Adopt a Rule
  • Title 42 Office of the Inspector General -- #06-94 (PDF)

    To amend the Indiana code of ethics. Statutory authority: IC 4-2-7-3; IC 4-2-7-5. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Denise C. Young, 150 West Market Street, Suite 414, Indianapolis, IN 46204, (317) 232-3850, dyoung@ethics.in.gov

  • Title 140 Bureau of Motor Vehicles -- #06-126 (PDF)

    To provide requirements for commercial driver training school and instructors and to provide requirements for the use of interim plates. Written comments should be addressed to Dave Certo, Chief Legal Counsel, Bureau of Motor Vehicles, 100 N. Senate Avenue, Room N440, Indianapolis, IN 46204. Statutory authority: IC 9-14-2-2. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Mike Barnhart, Legislative Liaison, Bureau of Motor Vehicles, Indiana Government Center-North, 100 N. Senate Avenue, Room N440, Indianapolis, IN 46204, (317) 233-1218, jmbarnhart@bmv.in.gov

  • Title 312 Natural Resources Commission -- #06-92 (PDF)

    Adds 312 IAC 10.5 governing the regulation of dams. Clarifies definitions for the implementation of IC 14-27-7.5. Implements the legislative mandate in IC 14-27-7.5-8 for the Department of Natural Resources to establish, by rule, the criteria for assigning a hazard classification to a structure that is based on the potential consequences resulting from the uncontrolled release of the structure's contents due to a failure of the structure. Includes the required classifications of high hazard, significant hazard, and low hazard and mirrors current practice for terms used in IC 14-27-7.5. 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, IN 46204, by e-mail at slucas@nrc.in.gov, or by telephone at (317) 233-3322. Statutory authority: IC 14-10-2-4; IC 14-27-7.5-8. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Kenneth Smith, Department of Natural Resources, Division of Water, Indiana Government Center-South, 402 West Washington Street, Room W264, Indianapolis, IN 46204, (317) 232-4224, kesmith@dnr.in.gov

  • Title 312 Natural Resources Commission -- #06-107 (PDF)

    IC 14-10-2-2(a)(2)(C) specifies that the administrative law judges of the Natural Resources Commission may be removed for cause for violations of the applicable provisions of the Code of Judicial Conduct (the "Code"). As this specification also applies to the environmental law judges in the Office of Environmental Adjudication, the OEA and NRC are preparing parallel rules for its implementation. The intention of the OEA and NRC in drafting rules is to specifically identify thosse parts of the Code that are applicable. 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, IN 46204, (317) 233-3322, slucas@nrc.in.gov. Statutory authority: IC 14-10-2-4. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Stephen L. Lucas, Division of Hearings, Natural Resources Commission, Indiana Government Center-South, 402 West Washington Street, Room W272, Indianapolis, IN 46204, (317) 233-3322, slucas@nrc.in.gov

  • Title 315 Office of Environmental Adjudication -- #06-91 (PDF)

    IC 4-21.5-7-6(b)(3) specifies that the environmental law judges of the OEA may be removed for cause for violations of applicable provisions of the Code of Judicial Conduct (the "Code"). As this also applies to the administrative law judges in the Natural Resources Commission, the OEA and NRC are preparing parallel rules to implement this provision. The intention of the OEA and NRC in drafting the administrative rule is to specifically identify those parts of the Code that are applicable. 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.in.gov. Statutory authority: IC 4-21.5-7-7. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Catherine Gibbs, Office of Environmental Adjudication, Indiana Government Center-North, 100 North Senate Avenue, Room N1049, Indianapolis, IN 46204, (317) 232-8527, cgibbs@oea.in.gov

  • Title 318 Department of Environmental Management -- #06-125 (PDF)

    Adds 318 IAC concerning the inspection and cleanup of properties contaminated by chemicals used in the illegal manufacture of a controlled substance as required by IC 13-14-1-15. This rulemaking includes a listing of persons qualified to inspect and clean contaminated property, the qualification and certification of persons who inspect and clean contaminated property, and standards and criteria for inspection and remediation of contaminated property. The Indiana Attorney General has determined that IC 13-14-1-15 directs IDEM to adopt this rule using the rulemaking procedures in IC 4-22-2. On August 1, 2005, IDEM initiated action on this subject matter under IC 13-14-9 in LSA Document #05-182. This rulemaking will be based on the previous rule. Previous publications on this subject matter can be found in the Indiana Register at 28 IR 3359 (August 1, 2005) and 29 IR 1396 (January 1, 2006). Written comments should be addressed to Steve Mojonnier, Office of Land Quality, Indiana Department of Environmental Management, 100 North Senate Avenue, Indianapolis, Indiana 46204-2241, (317) 233-1655. Statutory authority: IC 13-14-1-15, as added by P.L.192-2005. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Sandra El-Yusuf, IDEM Compliance and Technical Assistance Program, OPPTA - MC60-4, 100 N. Senate Avenue W-41, Indianapolis, IN 46204-2251, 317-232-8578, selyusuf@idem.in.gov

  • Title 455 Division of Aging -- #06-129 (PDF)

    Adds 455 IAC concerning the Division of Aging's adult foster care services program under the Family and Social Services Administration. Included are sections regarding provider requirements, including eligibility, enrollment, certification, training, and care and service standards. The rule provides for consumer eligibility requirements, both medical and financial, as well as provisions regarding an assessment tool and consumer rights. The rule addresses case manager responsibilities. It also includes sections for quality assessment, monitoring and provider compliance. Necessary definitions are also part of the rule. Written comments may be submitted to the Small Business Regulatory Coordinator for the rule. Statutory authority: IC 12-8-8-4; IC 12-9.1-2-3 (as added by P.L.141-2006, SECTION 38). For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Kathryn Tewanger, Program Consultant, Indiana Division of Aging, Family and Social Services Administration, Indiana Government Center-South, 402 W. Washington Street, Room W454, Indianapolis, IN 46204, (317) 232-7148, kathryn.tewanger@fssa.in.gov

  • Title 455 Division of Aging -- #06-130 (PDF)

    Adds new articles to 455 IAC concerning Division of Aging programs. The first article concerns the nursing home prescreening, adult protective services, residential care assistance program reimbursement, the residential care assistance program, the community and home options to institutional care for the elderly and disabled program, the adult guardianship services program, the Alzheimer's disease and related senile dementia program, the Indiana long term care ombudsman program, and personal services attendant for individuals in need of self-directed in-home care. This article will replace the current administrative code article under a different title concerning the same programs with the same provisions. Another article concerns home and community based services. This article will replace an article being promulgated under a different title concerning the same program with the same provisions. Another article concerns assisted living and Medicaid waiver services. This article will replace the current administrative code article under a different title concerning the same program with the same provisions. Written comments may be submitted to the Small Business Regulatory Coordinator for the rule. Statutory authority: IC 12-8-8-4; IC 12-9.1-2-3 (as added by P.L.141-2006, SECTION 38); IC 12-10-4-6; IC 12-10-6; IC 12-10-7-7; IC 12-10-10-6; IC 12-10-17.1-20; IC 12-10-17.1-21; IC 12-10.5-2-2; P.L.37-2005, SECTION 6. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Kevin Wild, Staff Attorney, Family and Social Services Administration, Indiana Government Center-South, 402 W. Washington Street, Room W451, Indianapolis, IN 46204, (317) 233-2582, kevin.wild@fssa.in.gov

  • Title 655 Board of Firefighting Personnel Standards and Education -- #06-122 (PDF)

    The proposed rule will amend 655 IAC 1-2.1 for the purpose of updating certain National Fire Protection Association Standards and amending instructor certifications. Public comments are invited and may be directed to the Indiana Department of Homeland Security, Code Services Section, Attn: Mara Snyder, Indiana Government Center-South, 302 West Washington Street, Room E243, Indianapolis, Indiana 46204. Statutory authority: IC 22-12-7-7; IC 22-14-2-7. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Mara J. Snyder, Director, Legal and Code Services, Indiana Department of Homeland Security, 302 West Washington Street, Room E243, Indianapolis, IN 46204, (317) 233-5341, msnyder@dhs.in.gov

  • Title 680 Boiler and Pressure Vessel Rules Board -- #06-124 (PDF)

    The proposed rule will amend 680 IAC 2-1 for the purpose of adding certain exemptions. Public comments are invited and may be directed to the Indiana Department of Homeland Security, Code Services Section, Attn: Mara Snyder, Indiana Government Center-South, 302 West Washington Street, Room E243, Indianapolis, Indiana 46204. Statutory authority: IC 22-13-2-8. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Mara J. Snyder, Director, Legal and Code Services, Indiana Department of Homeland Security, 302 West Washington Street, Room E243, Indianapolis, IN 46204, (317) 233-5341, msnyder@dhs.in.gov

  • Title 760 Department of Insurance -- #06-109 (PDF)

    To create a registration system and set standards for the conduct of medical discount card programs and to implement IC 27-17. Written comments should be addressed to Amy Strati, Chief Counsel, Department of Insurance, 311 W. Washington Street, Indianapolis, IN 46204. Statutory authority: IC 27-17-13-1, as added by P.L.73-2006. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Amy Strati, Chief Counsel, Department of Insurance, 311 W. Washington Street, Indianapolis, IN 46204, (317) 232-143, astrati@doi.state.in.us

  • Title 760 Department of Insurance -- #06-110 (PDF)

    To create a registration system and set standards for the conduct of insurance trusts created by independent colleges or universities and/or public school corporations and to implement IC 27-1-39 and IC 21-10-2-1. Written comments should be addressed to Amy Strati, Chief Counsel, Department of Insurance, 311 W. Washington Street, Indianapolis, IN 46204. Statutory authority: IC 21-10-2-1, as added by P.L.191-2006 and amended by P.L.193-2006; IC 27-1-39, as added by P.L.38-2006. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Amy Strati, Chief Counsel, Department of Insurance, 311 W. Washington Street, Indianapolis, IN 46204, (317) 232-143, astrati@doi.state.in.us

  • Title 804 Board of Registration for Architects and Landscape Architects -- #06-118 (PDF)

    Amends 804 IAC 1.1-3-1 concerning fees for examination, reexamination, application, issuance, renewal, reinstatement, replacement or duplicate certificates, reciprocity, verification of certification to another state or jurisdiction, proctoring, and fees for the registered architects and registered landscape architects investigative fund. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Attn.: Board Director, Board of Registration for Architects and Landscape Architects, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at pla10@pla.state.in.us. Statutory authority: IC 25-1-8-2; IC 25-1-8-6, as amended by SEA 333, P.L.157-2006; IC 25-4-1-3; IC 25-4-1-16, as amended by HEA 1220, P.L.177-2006; IC 25-4-1-32, as amended by HEA 1220, P.L.177-2006; IC 25-4-2-8, as amended by HEA 1220, P.L.177-2006. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Angela Smith Jones, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-3048, ajones@pla.in.gov

  • Title 808 State Boxing Commission -- #06-111 (PDF)

    Amends 808 IAC 2-6-1 concerning licensure fees assessed by the Commission. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Attn.: Board Director, State Boxing Commission, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at pla11@pla.in.gov. Statutory authority: IC 25-1-8-2; IC 25-1-8-6 (as amended by SEA 333, P.L.157-2006); IC 25-9-1-2. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Deborah Widemon, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-3050, dwidemon@pla.in.gov

  • Title 820 State Board of Cosmetology Examiners -- #06-108 (PDF)

    Repeals 820 IAC 6 concerning continuing education requirements, approved cosmetology educators, continuing education course requirements, and distance learning continuing education based on SEA 333-2006 (P.L.157-2006). Questions or comments concerning the proposed rule 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 pla12@pla.state.in.us. Statutory authority: IC 25-8-3-22; IC 25-8-3-23; IC 25-8-4-19, as amended by SEA 333-2006, SECTION 38 (P.L.157-2006). For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Tracy Hicks, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-3052, thicks@pla.in.gov

  • Title 832 State Board of Funeral and Cemetery Service -- #06-112 (PDF)

    Amends 832 IAC 2-1-2 concerning the fees assessed by the board. Repeals 832 IAC 3-3-3 concerning temporary permit exceptions for reciprocal applicants. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Attn.: Board Director, State Board of Funeral and Cemetery Service, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at pla12@pla.in.gov. Statutory authority: IC 25-1-8-2; IC 25-1-8-6 (as amended by SEA 333, P.L.157-2006); IC 25-15-9-8; IC 25-15-9-9. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Tracy Hicks, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-3052, thicks@pla.in.gov

  • Title 856 Indiana Board of Pharmacy -- #06-119 (PDF)

    This rulemaking action is based upon SEA 202, P.L.98-2006. Amends 856 IAC 1-28.1 concerning institutional pharmacies and pharmacy services and concerning the maintenance, operation, or use of mechanical devices in which legend drugs or narcotic drugs are stored. Adds 856 IAC 1-41 concerning the operation of remote pharmacy locations. 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, IN 46204-2700 or via e-mail at mallain@pla.in.gov. Statutory authority: IC 16-42-19-23; IC 25-26-13-4; IC 25-26-13-17. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Marty Allain, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-2020, mallain@pla.in.gov

  • Title 860 Indiana Plumbing Commission -- #06-113 (PDF)

    Amends 860 IAC 1-1-2.1 concerning the fee schedule. Amends 860 IAC 1-1-8 concerning the temporary plumbing contractor license. Amends 860 IAC 1-5-9 concerning compliance with other rules and standards by licensees who do plumbing work. Amends 860 IAC 2-1-6 concerning fees for registration as an apprentice plumber. Amends 860 IAC 2-1-7 and 860 IAC 2-1-8 concerning the approval and renewal of plumbing apprenticeship programs. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Attn.: Commission Director, Indiana Plumbing Commission, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at pla10@pla.state.in.us. Statutory authority: IC 25-1-8-2; IC 25-1-8-6 (as amended by SEA 333, P.L.157-2006); IC 25-28.5-1-8; IC 25-28.5-1-23; IC 25-28.5-1-38; IC 25-28.5-2-2.1. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Angela Smith Jones, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-3048, ajones@pla.in.gov

  • Title 862 Private Detectives Licensing Board -- #06-114 (PDF)

    Adds 862 IAC 1-1-11 concerning fees assessed by the board. Adds 862 IAC 1-1-12 concerning license renewal. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Attn.: Board Director, Private Detectives Licensing Board, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at pla11@pla.in.gov. Statutory authority: IC 25-1-8-2; IC 25-1-8-6 (as amended by SEA 333, P.L.157-2006); IC 25-30-1-5.5; IC 25-30-1-17. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Deborah Widemon, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-3050, dwidemon@pla.in.gov

  • Title 864 State Board of Registration for Professional Engineers -- #06-123 (PDF)

    Amends 864 IAC 1.1-3-4, 864 IAC 1.1-8-1, and 864 IAC 1.1-12-1 concerning fees for professional engineers and engineering interns charged and collected by the board for examination, application, issuance, renewal, reinstatement, replacement or duplicate certificates, verification of certification to another state or jurisdiction, proctoring, and fees for the registered professional engineers and registered engineering interns investigative fund. Amends 864 IAC 1.1-9-1 concerning the publication of a roster. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Attn.: Board Director, State Board of Registration for Professional Engineers, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at pla10@pla.state.in.us. Statutory authority: IC 25-1-8-2; IC 25-1-8-6 (as amended by SEA 333, P.L.157-2006); IC 25-31-1-7; IC 25-31-1-13; IC 25-31-1-21; IC 25-31-1-26; IC 25-31-1-9 (as amended by HEA 1220, P.L.177-2006); IC 25-31-1-15 (as amended by HEA 1220, P.L.177-2006); IC 25-31-1-35 (as amended by HEA 1220, P.L.177-2006). For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Angela Smith Jones, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-3048, ajones@pla.in.gov

  • Title 865 State Board of Registration for Land Surveyors -- #06-115 (PDF)

    Amends 865 IAC 1-11-1 concerning fees charged and collected by the board for application, examination, reexamination, registration by comity, renewal, reinstatement of a lapsed license, duplicate certificates, duplicate pocket cards, proctoring, fees for continuing education provider applications for approval and renewal, and fees for the registered land surveyor and registered land surveyor-in-training investigative fund. Amends 865 IAC 1-14 concerning the application and renewal requirements for approval of continuing education providers. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Attn.: Board Director, State Board of Registration for Land Surveyors, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at pla10@pla.state.in.us. Statutory authority: IC 25-1-8-2; IC 25-1-8-6 (as amended by SEA 333, P.L.157-2006); IC 25-21.5-2-14; IC 25-21.5-7-5; IC 25-21.5-3-4 (as amended by HEA 1220, P.L.177-2006); IC 25-21.5-8-6 (as amended by HEA 1220, P.L.177-2006); and IC 25-21.5-11-4 (as amended by HEA 1220, P.L.177-2006). For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Angela Smith Jones, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-3048, ajones@pla.in.gov

  • Title 872 Indiana Board of Accountancy -- #06-116 (PDF)

    Amends 872 IAC 1-1-10 concerning fees for application, issuance, examination, reciprocity, renewal, reinstatement, replacement of duplicate certificates or pocket cards, and transfer of grades. Repeals 872 IAC 1-1-29 concerning fees for duplicate certificates or licenses. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Attn.: Board Director, Indiana Board of Accountancy, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at pla11@pla.in.gov. Statutory authority: IC 25-1-8-2; IC 25-1-8-6 (as amended by SEA 333, P.L.157-2006); IC 25-2.1-2-15. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Deborah Widemon, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-3050, dwidemon@pla.in.gov

  • Title 876 Indiana Real Estate Commission -- #06-93 (PDF)

    This rule makes changes regarding the practice of appraisers. Amends 876 IAC 3-3-21 to increase the validity of a temporary practice permit from six months to 12 months. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, ATTENTION: Commission Director, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at nrhoad@pla.in.gov. Statutory authority: IC 25-34.1-2-5; IC 25-34.1-3-8. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Nicholas Rhoad, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-3046, nrhoad@pla.in.gov

  • Title 876 Indiana Real Estate Commission -- #06-95 (PDF)

    Amends 876 IAC 3 to increase and otherwise revise the educational, examination, and experience requirements for licensure and certification as an appraiser in Indiana, to eliminate the licensed residential appraiser license, and to make other corresponding changes. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, ATTENTION: Commission Director, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204 or by electronic mail at nrhoad@pla.in.gov. Statutory authority: IC 25-34.1-3-8. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Nicholas Rhoad, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-3046, nrhoad@pla.in.gov

  • Title 876 Indiana Real Estate Commission -- #06-98 (PDF)

    Amends 876 IAC 2-18-1 concerning the fees related to prelicensing and licensure; fees for application, issuance, renewal, reinstatement, replacement or duplicate certificates verification of licensure to another state or jurisdiction, prelicensing course providers, and the real estate fraud and real estate appraisal fraud investigative fund. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Attn.: Commission Director, Indiana Real Estate Commission, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at pla9@pla.state.in.us. Statutory authority: IC 25-1-8-2; IC 25-1-8-6 (as amended by SEA 333-2006, SECTION 20 (P.L.157-2006)); IC 25-34.1-2-5; IC 25-34.1-2-6; IC 25-34.1-3-3.1; IC 25-34.1-3-9 (as amended by HEA 1220-2006 SECTION 11, (P.L.177-2006)); IC 25-34.1-3-4.1; IC 25-34.1-8-6 (as amended by HEA 1220-2006, SECTION 12 (P.L.177-2006)); IC 25-34.1-8-7.5. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Nicholas Rhoad, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-3046, nrhoad@pla.in.gov

  • Title 876 Indiana Real Estate Commission -- #06-120 (PDF)

    This rule makes changes regarding licensure and certification of real estate appraisers. Amends 876 IAC 3-2-5 concerning reinstatement of expired licenses. Amends 876 IAC 3-2-7 concerning the fee schedule related to the real estate appraiser licensure and certification program, fees for prelicensure real estate schools and courses, fees for continuing education provider approval and renewal, and the real estate fraud and real estate appraisal fraud investigative fund. Amends 876 IAC 3-4-2 and 876 IAC 3-4-4 concerning application and content for prelicensing real estate appraiser course provider approval and renewal as required by IC 25-34.1-8-13 and IC 25-34.1-8-14. Amends 876 IAC 3-5-2 and 876 IAC 3-5-4 concerning application and content for real estate appraiser continuing education course provider approval and renewal. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Attn.: Board Director, Indiana Real Estate Commission, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at pla9@pla.state.in.us. Statutory authority: IC 25-1-8-2; IC 25-1-8-6 (as amended by SEA 333-2006, SECTION 20 (P.L.157-2006)); IC 25-34.1-3-8; IC 25-34.1-3-9 (as amended by HEA 1220-2006, SECTION 11 (P.L.177-2006)); IC 25-34.1-8-6 (as amended by HEA 1220-2006, SECTION 12 (P.L.177-2006)); IC 25-34.1-8-7.5. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Nicholas Rhoad, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-3046, nrhoad@pla.in.gov

Proposed Rules
  • Title 25 Indiana Department of Administration -- #06-54 (PDF)

    Adds 25 IAC 7 to establish and implement a "Code Adam" safety protocol for locating lost or missing children in all buildings operated and maintained by the Indiana Department of Administration that are open to the public.

  • Title 50 Department of Local Government Finance -- #05-252 (PDF)

    Amends 50 IAC 4.2-4-3 to establish procedures for the valuation of computer application software in conformance with P.L.214-2005 (HEA 1120-2005). NOTE: Under IC 4-22-2-40, LSA Document #05-252, printed at 29 IR 836, was recalled by the Department of Local Government Finance and resubmitted for publication.

  • Title 170 Indiana Utility Regulatory Commission -- #06-45 (PDF)

    Amends 170 IAC 7-6-1 through 170 IAC 7-6-3 and adds 170 IAC 7-6-4 through 170 IAC 7-6-6 regarding disconnection of a local exchange carrier by another local exchange carrier, notice of bankruptcy, relinquishment of service, and revocation of certificate of territorial authority.

  • Title 312 Natural Resources Commission -- #06-67 (PDF)

    Amends 312 IAC 25-6-143 to allow commercial forest resources on reclaimed prime farmland provided soil productivity is demonstrated according to soil productivity standards. Amends 312 IAC 25-4-102 to require an applicant that proposes to establish commercial forest resources on prime farmland to submit for approval a commercial forest planting plan, commercial forest management plan, and documentation of landowner consent.

  • Title 312 Natural Resources Commission -- #06-68 (PDF)

    Amends 312 IAC 25-1-57, 312 IAC 25-4-87, 312 IAC 25-5-16, 312 IAC 25-6-20, 312 IAC 25-6-66, and 312 IAC 25-7-1, which assist 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, to make numerous changes to help assure conformance with state and federal law, to qualify approved reclamation projects financed with less than 50 percent federal funding as "government-financed construction", to remove requirements for submittal of an application for water impoundments of less than 100-acre feet and exempt impoundments that are entirely contained within an incised structure from examination requirements, to add provisions allowing the director of the Department of Natural Resources to initiate an application for bond release and clarify the procedure for conducting informal conferences regarding a proposed bond release, to clarify requirements for construction or reconstruction of primary roads, and to clarify the definition of "abandoned site" as used in 312 IAC 25-7-1.

  • Title 327 Water Pollution Control Board -- #05-255 (PDF)

    Amends 327 IAC 8-2-8.2, 327 IAC 8-2.5-6, 327 IAC 8-2.5-7, 327 IAC 8-2.5-8, 327 IAC 8-2.5-9, 327 IAC 8-2.6-6, 327 IAC 8-11-1, 327 IAC 8-12-1, 327 IAC 8-12-2, 327 IAC 8-12-3, 327 IAC 8-12-3.2, 327 IAC 8-12-3.4, 327 IAC 8-12-3.6, 327 IAC 8-12-4, 327 IAC 8-12-6, 327 IAC 8-12-7, and 327 IAC 8-12-7.5 and adds 327 IAC 8-12-3.5 and 327 IAC 8-12-4.5 concerning sanitary surveys and operator certification.

  • Title 329 Solid Waste Management Board -- #05-219 (PDF)

    Amends 329 IAC 4.1, concerning regulation of wastes containing PCBs, to readopt for the purposes of IC 13-14-9.5 and amend to update the incorporation by reference of the Code of Federal Regulations, update the viewing/copying location and addresses, clarify public notice requirements, remove the language relating to manifests to reflect the current statute, simplify certain notifications, and update references.

  • Title 655 Board of Firefighting Personnel Standards and Education -- #05-249 (PDF)

    Amends 655 IAC 1-1-1, 655 IAC 1-1-1.1, 655 IAC 1-1-6.1, 655 IAC 1-1-7, 655 IAC 1-1-9, 655 IAC 1-1-12, and 655 IAC 1-1-13 for the purpose of making changes to the Board's certification requirements, processes, and procedures and making conforming section changes. Repeals 655 IAC 1-1-14.

  • Title 655 Board of Firefighting Personnel Standards and Education -- #06-37 (PDF)

    Amends 655 IAC 1-1-5.1 for the purpose of deleting certifications.

  • Title 864 State Board of Registration for Professional Engineers -- #05-295 (PDF)

    Amends 864 IAC 1.1-4.1-7 to implement rule changes based on SEA 139-2005 (P.L.194-2005) to change the number of examination attempts for registration as a professional engineer. Amends 864 IAC 1.1-4.1-8 to implement rule changes based on SEA 139-2005 (P.L.194-2005) to bring the termination of application in conformity with the examination attempts for registration as a professional engineer. Amends 864 IAC 1.1-4.1-9 to implement rule changes based on SEA 139-2005 (P.L.194-2005) to change the number of examination attempts for registration as an engineer intern. NOTE: LSA Document #05-295, printed at 29 IR 2356, was resubmitted for publication.

  • Title 876 Indiana Real Estate Commission -- #06-40 (PDF)

    Amends 876 IAC 3-6-2 to incorporate by reference the 2006 edition of the Uniform Standards of Professional Appraisal Practice (USPAP). Amends 876 IAC 3-6-3 to update the revisions to USPAP based upon the changes in the 2006 edition.

Readopted Rules
  • Title 170 Indiana Utility Regulatory Commission -- #06-49 (PDF)

AROC Notices
  • Title 410 Indiana State Department of Health -- #05-189 (PDF)

  • Title 410 Indiana State Department of Health -- #05-190 (PDF)

  • Title 410 Indiana State Department of Health -- #05-191 (PDF)

  • Title 410 Indiana State Department of Health -- #05-193 (PDF)

IC 13-14-9 Notices
  • Title 326 Air Pollution Control Board -- #05-197 (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for new rules concerning volatile organic compound (VOC) emissions from three (3) specific source categories that are currently subject to 326 IAC 8-1-6 New facilities; general reduction requirements. The new rules for these specific source categories will be contained in 326 IAC 8. 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 326 that may be affected by this rulemaking.

  • Title 326 Air Pollution Control Board -- #05-231 (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 326 (326 IAC 17.1 concerning public records; confidential information; confidential agreements) of the Indiana Administrative Code. With this notice, IDEM is providing notice that the following rules are readopted.

  • Title 326 Air Pollution Control Board -- #05-268 (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to 326 IAC 4-1 to provide exemptions for additional fuels used for fire extinguisher training. 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 326 that may be affected by this rulemaking.

  • Title 326 Air Pollution Control Board -- #06-121 (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to 326 IAC 6.5-7-13 to update the source identification from St. Mary's to Holy Cross Services Corporation and has scheduled a public hearing before the air pollution control board (board) for consideration of preliminary adoption of these rules.

  • Title 327 Water Pollution Control Board -- #05-218 (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to rules and a new rule at 327 IAC 2-1, 327 IAC 2-1.5, and 327 IAC 5-2 concerning establishment of a Combined Sewer Overflow (CSO) wet weather limited use subcategory and permit compliance schedules for qualifying communities affected by CSOs. 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 -- #06-96 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to rule 327 IAC 4-1 concerning the restriction of additional flow to overloaded wastewater treatment facilities. IDEM seeks comment on the affected citations listed and any other provisions of Title 327 that may be affected by this rulemaking.

  • Title 329 Solid Waste Management Board -- #05-168 (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for new rules and amendments to rules in 329 IAC 15 to:

  • Title 329 Solid Waste Management Board -- #05-250 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on the addition of new rules at 329 IAC 11.5 concerning the collection of mercury switches in end-of- life vehicles. Since publication of the First Notice for this rulemaking in October 2005 (29 IR 221), the Indiana Legislature enacted Public Law 170-2006 regarding removing mercury switches from end-of-life vehicles. This rulemaking will implement P.L.170-2006 by proposing to add reporting requirements for motor vehicle recyclers and other persons that remove mercury switches from end- of-life vehicles to report to IDEM; the allowance for motor vehicle recyclers to remove and recycle mercury switch assemblies and ABS mercury switches and receive payment; the amount of the payment for a mercury switch removed from a vehicle; the procedure for the commissioner to pay a claim for the removal of a mercury switch; clarification of a "motor vehicle that is intentionally and unintentionally flattened, crushed, or baled"; clarification of the effect on the rule if the statutory authority expires; and any necessary definitions and requirements in order to meet the statutory provisions of HEA 1110-2006 (Public Law 170-2006) and establish an effective program.

  • Title 329 Solid Waste Management Board -- #05-297 (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to 329 IAC 11 that implement certain provisions of Public Law 154-2005 (Senate Enrolled Act 279). 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 329 that may be affected by this rulemaking.

Other Notices (PDF)
    Executive Orders (PDF)
      Nonrule Policy Documents (PDF)