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-IR- Database: Indiana Register

Indiana Register - September 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 PDF format by clicking on (PDF).
September 1, 2005, Volume 28, Number 12, Pages 3447-3798 (PDF)
Final Rules
  • Title 40 State Ethics Commission -- #04-198 (PDF)

    Adds 40 IAC 2-1-5.5 concerning ethics education. Amends 40 IAC 2-1-6 concerning acceptable gifts, favors, services, entertainment, food, drink, and honoraria. Amends 40 IAC 2-1-7 concerning appearances, activities, and expenses. NOTE: LSA Document #04-198, printed at 28 IR 987, was resubmitted for publication and reprinted at 28 IR 2160.

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

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

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

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

  • Title 327 Water Pollution Control Board -- #04-320 (PDF)

    Adds 327 IAC 3-2-1.5, 327 IAC 3-2-3.5, and 327 IAC 3-2-5.5 concerning state permits for the construction of water pollution treatment/control facilities and sanitary sewers.

  • Title 329 Solid Waste Management Board -- #04-318 (PDF)

    Amends 329 IAC 3.1-6-6 to increase the amount of treated electric arc furnace dust generated by Heritage Environmental Services, LLC and Nucor Corporation at the Nucor Steel, Division of Nucor Corporation, facility located in Crawfordsville, Indiana that can be excluded from regulation as hazardous waste from 30,000 cubic yards to 60,000 cubic yards per year.

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

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

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

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

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

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

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

    Amends 355 IAC 2-1-1 to correct spelling of word sieve. Amends 355 IAC 2-1-6 to reduce font size required on label when Boron guarantee is made. Amends 355 IAC 2-2-1 to make editorial change to approving individual. Adds 355 IAC 2-2-1.5 to provide definition of appurtenance not previously defined in rule. Amends 355 IAC 2-2-6 to include dry with fluid in field operations. Amends 355 IAC 2-2-9 editorial change for clarification by removing and/or. Amends 355 IAC 2-2-10 to make editorial change to provide clarification. Amends 355 IAC 2-2-13 to make editorial change which clarifies intent. Amends 355 IAC 2-2-14 to make editorial change to remove gender specific reference. Amends 355 IAC 2-2-15 to make editorial change for clarification. Amends 355 IAC 2-2-17 to make editorial change and indicate scope includes all storage locations and be more directive relevant to materials used for storage. Amends 355 IAC 2-3-6 to make editorial change for clarification. Amends 355 IAC 2-3-8 to providing clarification for compliant piping and that requiring containment and further specifies requirement for underground piping. Amends 355 IAC 2-3-11 to make editorial change to simplify requirements. Amends 355 IAC 2-3-12 to set time frame for compliance. Amends 355 IAC 2-4-1 to make editorial change for clarification. Amends 355 IAC 2-5-1 to make editorial change for clarification and expands the state chemist authority to accept compliant alternative means as specified under IC 15-3-3-12(b). Amends 355 IAC 2-5-2 to make editorial change for clarification. Amends 355 IAC 2-5-3 to make editorial change for clarification. Amends 355 IAC 2-5-4 to make editorial change for clarification. Amends 355 IAC 2-5-6 to make editorial change for clarification. Amends 355 IAC 2-5-8 to clarify specific cutoff date for exemption and make editorial changes. Amends 355 IAC 2-5-12 to make editorial changes for clarification. Amends 355 IAC 2-5-12.5 to make editorial changes for clarification. Amends 355 IAC 2-5-13 to make editorial changes which eliminates records keeping and required inspection. Amends 355 IAC 2-6-1.5 to make editorial changes for clarification. Amends 355 IAC 2-9-1 to make editorial changes for clarification. Repeal 355 IAC 2-4-4, 355 IAC 2-5-14, 355 IAC 2-6-2, and 355 IAC 2-8 as sections are no longer necessary or applicable.

  • Title 405 Office of the Secretary of Family and Social Services -- #04-321 (PDF)

    Adds 405 IAC 1-1-3.1 to specify the responsibilities of Medicaid providers when providing services to members enrolled under the Medicaid spend-down provision. Amends 405 IAC 2-3-10 to set out the policies and procedures that apply to Medicaid spend-down eligibility.

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

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

Errata
  • Title 312 Natural Resources Commission -- #05-212 (PDF)

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

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

  • Title 327 Water Pollution Control Board -- #04-13 (PDF)

  • Title 575 State School Bus Committee -- (PDF)

Notice of Withdrawal
  • Title 326 Air Pollution Control Board -- #00-138 (PDF)

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

  • Title 828 State Board of Dentistry -- #05-40 (PDF)

Emergency Rules
  • Title 45 Department of State Revenue -- #05-188 (PDF)

    Temporarily adds provisions to explain and implement the Tax Amnesty Program as contained in HEA 1004-2005. Authority: HEA 1004-2005, SECTION 4.

  • Title 65 State Lottery Commission -- #05-186 (PDF)

    Temporarily adds rules concerning pull-tab game number 038.

  • Title 65 State Lottery Commission -- #05-187 (PDF)

    Temporarily adds rules concerning pull-tab game number 039.

  • Title 65 State Lottery Commission -- #05-204 (PDF)

    Temporarily adds rules concerning scratch-off game number 770.

  • Title 65 State Lottery Commission -- #05-205 (PDF)

    Temporarily adds rules concerning scratch-off game number 759.

  • Title 65 State Lottery Commission -- #05-206 (PDF)

    Temporarily adds rules concerning instant game number 767.

  • Title 65 State Lottery Commission -- #05-207 (PDF)

    Temporarily adds rules concerning instant game number 768.

  • Title 65 State Lottery Commission -- #05-208 (PDF)

    Temporarily adds rules concerning instant game number 763.

  • Title 68 Indiana Gaming Commission -- #05-202 (PDF)

    Temporarily adds a new rule to determine the graduated wagering tax by a new licensed owner or operating agent following a transfer of controlling interest in an owner's license or operating agent contract. Authority: IC 4-33-4-1; IC 4-33-4-2; IC 4-33-4-3; IC 4-33-4-21; IC 4-33-13-1.5. NOTE: The original emergency document, LSA Document #05-84(E), printed at 28 IR 2744, effective April 21, 2005, expires July 20, 2005.

  • Title 71 Indiana Horse Racing Commission -- #05-221 (PDF)

    Adds 71 IAC 8.5-13 concerning general provisions, specific levels requiring scratch, refusal to test, blood gas analyzer report, finding of normal levels, option to determine normal level, penalties, presence of horse in paddock, and presence of caretaker in paddock.

  • Title 312 Natural Resources Commission -- #05-176 (PDF)

    Temporarily amends 312 IAC 9, governing noncommercial hunts at Chain O'Lakes State Park, Charlestown State Park, Clifty Falls State Park, Fort Harrison State Park, Harmonie State Park, Lincoln State Park, McCormick's Creek State Park, Ouabache State Park, Pokagon State Park, Shades State Park, Shakamak State Park, Spring Mill State Park, Tippecanoe River State Park, Turkey Run State Park, Versailles State Park, Whitewater Memorial State Park, and Twin Swamps Nature Preserve, as adopted under IC 4-22-2-37.1, IC 14-22-2-6, IC 14-10-2-5, and IC 14-22-6-13 (applicable to state parks), by the director of the department of natural resources with the awareness the regulation of wild animals in Indiana is the responsibility of the department of natural resources, with a heightened awareness of that responsibility (as well as a responsibility for the welfare of flora and other fauna) within Indiana state parks and dedicated nature preserves, and, more particularly, based upon the opinion of professional biologists, because the director has determined white-tailed deer have caused, and will continue to cause, obvious and measurable damage, including reduction of rare plant species and sampling data that show, more generally, vegetation species disturbance in areas accessible to deer browsing, to the ecological balance within these properties and the ecological balance within these properties will not be maintained unless action is taken to control their populations.

  • Title 312 Natural Resources Commission -- #05-203 (PDF)

    Temporarily amends 312 IAC 9 as applicable to the management and licensure of activities pertaining to bobcats, river otters, and badgers.

  • Title 312 Natural Resources Commission -- #05-210 (PDF)

    Temporarily amends 312 IAC 9-4-11, governing taking and possessing wild turkeys, to specify the locations for taking wild turkeys in the fall season as authorized by 312 IAC 9-4-11(g) 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 -- #05-211 (PDF)

    Temporarily amends 312 IAC 9-3-2 that provides general requirements for hunting white-tailed deer, including those pertaining to tagging. Temporarily amends 312 IAC 9-3-7 to govern hunting white-tailed deer in a designated county under an extra deer license and to identify counties for herd reduction.

  • Title 312 Natural Resources Commission -- #05-212 (PDF)

    Temporarily amends 312 IAC 18-3-18, 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 Lima Township and Newbury Township in LaGrange County, which are infested with the species. Repeals LSA Document #05-56(E), printed at 28 IR 2403, that established a quarantine for Newbury Township, exclusively.

Change in Notice of Public Hearing
  • Title 329 Solid Waste Management Board -- #05-85 (PDF)

  • Title 876 Indiana Real Estate Commission -- #05-47 (PDF)

  • Title 876 Indiana Real Estate Commission -- #05-49 (PDF)

Notice of Intent to Adopt a Rule
  • Title 140 Bureau of Motor Vehicles -- #05-237 (PDF)

    Adds a rule to establish issuance standards for operator's licenses under Indiana Code chapter 9-24-9 and identification cards for nondrivers under Indiana Code chapter 9-24-16. Submit questions or comments to the Indiana Bureau of Motor Vehicles, Attention: David Certo, Chief Legal Counsel, Indiana Government Center-North, 100 North Senate Ave., Room N440, Indianapolis, Indiana 46204, or by electronic mail to dcerto@bmv.in.gov. Statutory authority: IC 9-14-2-2; IC 9-24-16-10; IC 9-24-16-11. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Mike Barnhart, Indiana Bureau of Motor Vehicles, Indiana Government Center-North, 100 North Senate Ave., Room N440, Indianapolis, Indiana 46204, (317) 233-1218, JMBarnhart@bmv.in.gov

  • Title 312 Natural Resources Commission -- #05-213 (PDF)

    Amends 312 IAC 18-3-12, which governs standards for the control of larger pine shoot beetles, by adding Dearborn County to the state quarantine area. Dearborn County is already subject to a federal quarantine for larger pine shoot beetles. 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; IC 14-24-3. 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 312 Natural Resources Commission -- #05-214 (PDF)

    Amends 312 IAC 9 concerning taking, chasing, and possessing wild animals; fishing, hunting, and trapping without a license by owners and lessees of farmland; tagging requirements for deer hunting; hunting deer by firearms; coyotes; bobcats; river otters; badgers; endangered species of mammals; migratory birds and waterfowl; mute swans; tagging requirements for wild turkey hunting; special purpose turtle possession permits; taxidermist licenses; nuisance wild animal control permits; and fur buyers licenses. Establishes new requirements for confining, enclosing, and housing of bobcats under a wild animal possession permit. Questions concerning the proposed rule amendments may be directed to (317) 232-4699 or jkane@nrc.in.gov. Statutory authority: IC 14-10-2-4; IC 14-22-2-6. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Gregg McCollam, Assistant Director, Division of Fish and Wildlife, Department of Natural Resources, Indiana Government Center-South, 402 W. Washington Street, Room W273, Indianapolis, Indiana 46204, (317) 233-9382, gmccollam@dnr.in.gov

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

    The rule will modify requirements to move sheep and goats into Indiana and identification and health requirements for exhibiting sheep and goats. Comments on the proposed rule may be sent to the Indiana State Board of Animal Health, 805 Beachway Drive, Suite 50, Indianapolis, IN 46224, or by electronic mail to ghaynes@boah.state.in.us. Statutory authority: IC 15-2.1-3-19. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Gary L. Haynes, Director of Legal Affairs, 805 Beachway Drive, Suite 50, Indianapolis, IN 46224, (317) 227-300, ghaynes@boah.state.in.us

  • 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. Effective 30 days after filing with the Secretary of State. Questions concerning the proposed rule may be directed to David E. Scott at (765) 494-1587, scottde@purdue.edu, or Office of the Indiana State Chemist, 175 S. University St., West Lafayette, IN 47904-2063. Statutory authority: IC 15-3-3.6-4. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: David E. Scott, Office of the Indiana State Chemist, 175 S. University St., West Lafayette, IN 47904-2063, (765) 494-1587, scottde@purdue.edu

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

    Adds rules to implement a program to complement the federal Medicare Prescription Drug Benefit and to establish program eligibility and enrollment guidelines. Questions or comments on the proposed rule may be directed to: Indiana Prescription Drug Program, Attn: Grace Chandler, 402 West Washington Street, Room W374, Indianapolis, IN 46204 or by e-mail at grace.chandler@fssa.in.gov. Statutory authority: IC 12-10-16-5. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Grace Chandler, Indiana Prescription Drug Program, Indiana Government Center-South, 402 West Washington Street, Room W374, Indianapolis, Indiana 46204, (317) 234-1341, grace.chandler@fssa.in.gov

  • Title 405 Office of the Secretary of Family and Social Services -- #05-220 (PDF)

    Amends 405 IAC 5-3-13 to allow for Medicaid reimbursement for genetic testing for detection of cancer of the breast or breasts or ovaries. Amends 405 IAC 5-5-1 to allow for Medicaid reimbursement for diagnostic services, including genetic testing, when provided out-of-state. Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-21-2; IC 12-15-21-3. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Kate Bowen, Program Operations - Acute Care, Office of Medicaid Policy and Planning, Indiana Government Center-South, 402 West Washington Street, Room W382, Indianapolis, IN 46204, (317) 233-1662, kate.bowen@fssa.in.gov

  • Title 646 Department of Workforce Development -- #05-225 (PDF)

    Amends 646 IAC 3-1-7 to reflect changes created by Senate Enrolled Act 612 regarding unemployment insurance tax rate manipulation. Adds 646 IAC 3-4-12 because Senate Enrolled Act 612 repeals 646 IAC 3-4-10 and requires the Department to adopt rules explaining how transfers of a portion of a trade or business are affected by this new law enacted to prevent unemployment insurance tax rate manipulation. It requires the Department to establish guidelines to divide the experience account balance of a predecessor employer, the payroll of a predecessor employer, and the benefits chargeable to a predecessor employer's original experience account after the date of transfer between the predecessor employer and the successor employer. This division will take place when a transfer of a portion of a trade or business occurs. Adds 646 IAC 3-5-5 to define "motor carrier." Public comments are invited. Contact Person: Diana Gushrowski, Director, UI Integrity, Department of Workforce Development, (317) 232-2968. Statutory authority: IC 22-4-18-1(d). For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Diana Gushrowski, Director, UI Integrity, Department of Workforce Development, 10 N. Senate Ave., Indianapolis, IN 46204, (317) 232-2968, dgushrowski@dwd.in.gov

  • Title 646 Department of Workforce Development -- #05-228 (PDF)

    646 IAC 2 contains rules that pertain to federal laws no longer in existence. The department will amend and, where appropriate, repeal rules that were previously used in the administration of federal programs that are no longer in operation. Contact Person: William R. Miller, Director, Career Services, Department of Workforce Development, (317) 233-4010. Statutory authority: IC 22-4-18-1(d). For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: William R. Miller, Director, Career Services, Department of Workforce Development, 10 N. Senate Ave., Indianapolis, IN 46204, (317) 233-4010, wmiller@dwd.in.gov

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

    Amends 828 IAC 0.5-2 concerning fees for licensure to practice dentistry and dental hygiene. Amends 828 IAC 1-1 concerning the requirements for licensure of dentists by examination to facilitate the outsourcing of the administration of the examinations. Amends 828 IAC 1-2 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 concerning licensure to practice dentistry by endorsement. Repeals 828 IAC 1-1-8, 828 IAC 1-1-12, 828 IAC 1-2-7, 828 IAC 1-2-8, 828 IAC 1-2-9, and 828 IAC 1-2-12. Questions or comments concerning the proposed rules may be directed to: State Board of Dentistry, ATTENTION: Board Director, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or by e-mail at smazo@pla.in.gov. Statutory authority: IC 25-1-8-2; IC 25-13-1-5; IC 25-14-1-13. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Shelly L. Mazo, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-2007, smazo@pla.in.gov

  • Title 839 Social Worker, Marriage and Family Therapist, and Mental Health Counselor Board -- #05-223 (PDF)

    Amends 839 IAC 1-6-1 concerning continuing education. Amends 839 IAC 1-6-2 concerning approval of continuing education programs. Amends 839 IAC 1-6-3 concerning the continuing education requirements for social workers, clinical social workers, marriage and family therapists, and mental health counselors. Amends 839 IAC 1-6-4 concerning continuing education audits. Amends 839 IAC 1-6-5 concerning request for waiver of the continuing education requirements. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, ATTENTION: Valerie Jones, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204 or by electronic mail at vjones@pla.in.gov. Statutory authority: IC 25-23.6-2-8. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Valerie Jones, Indiana Professional Licensing Agency, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-2064, vjones@pla.in.gov

  • Title 864 State Board of Registration for Professional Engineers -- #05-222 (PDF)

    Amends 864 IAC 1.1-8-1 to require a statement of compliance with continuing education requirements and to grant the board the authority to verify continuing education compliance. Adds 864 IAC 1.1-15 to establish the continuing education requirements for professional engineers. Adds 864 IAC 1.1-16 to establish the requirements for 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 Professional Engineers, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at pla10@pla.in.gov. Statutory authority: IC 25-31-1-7; IC 25-31-1-17.5. 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) 234-3022, ajones@pla.in.gov

  • Title 880 Speech-Language Pathology and Audiology Board -- #05-224 (PDF)

    Amends 880 IAC 1-1, 880 IAC 1-2.1, and 880 IAC 1-3.1 to implement rule changes based on House Enrolled Act 1098-2005 (P.L.212-2005) and Senate Enrolled Act 607 (P.L.206-2005), including defining the role of support personnel, revising the definitions, licensure, ethics, and continuing education requirements, revising and establishing the educational and tasks requirements for speech-language aides, associates, and assistants, revising and establishing the registration and renewal requirements for speech-language aides, associates, and assistants, and establishing the requirements for the collection and use of a Social Security number for applicants who apply for a license, certificate, or permit under IC 25-35.6-1. 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 or by electronic mail at vjones@pla.in.gov. Statutory authority: IC 25-35.6-1-8; IC 25-35.6-2-2. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Valerie Jones, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-2064, vjones@pla.in.gov

Proposed Rules
  • Title 42 Office of the Inspector General -- #05-124 (PDF)

    Adds 42 IAC to establish the Indiana code of ethics for the conduct of state business.

  • 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 68 Indiana Gaming Commission -- #05-107 (PDF)

    Adds 68 IAC 15-5-1.5 to determine the graduated wagering tax by a new licensed owner or operating agent following a transfer of controlling interest in an owner's license or operating agent contract.

  • Title 170 Indiana Utility Regulatory Commission -- #05-100 (PDF)

    Amends 170 IAC 5-1-15 and 170 IAC 5-1-16 regarding customer deposits, service disconnections, and reconnections for gas utilities.

  • Title 312 Natural Resources Commission -- #05-99 (PDF)

    Repeals 312 IAC 17-3 that governs the regulation of geophysical surveying operations because the statutory authority for the rule was repealed by P.L.80-2005 (SEA 442), which became effective on July 1, 2005, as it pertains to this rule.

  • Title 345 Indiana State Board of Animal Health -- #05-41 (PDF)

    Adds 345 IAC 5-2 through 345 IAC 5-7 concerning the movement of sheep and goats into and within Indiana, identification of sheep and goats, record keeping, testing for scrapie, and other requirements for the purpose of detecting and controlling scrapie in sheep and goats. Repeals 345 IAC 1-3-20, 345 IAC 5-1-1, and 345 IAC 5-1-2.

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

    Amends 345 IAC 9-2.1-1 to update matters incorporated by reference governing the slaughter and processing of livestock and poultry. Amends 345 IAC 9-12-2 concerning inspected and passed products. Amends 345 IAC 9-20-2 and adds 345 IAC 9-21.5 to authorize a voluntary inspection program for the slaughter of domesticated rabbits and the processing of rabbit products for human consumption. Amends 345 IAC 10-2.1-1 to update matters incorporated by reference governing the slaughter and processing of livestock and poultry.

  • Title 345 Indiana State Board of Animal Health -- #05-90 (PDF)

    Amends 345 IAC 1-5-3 to incorporate sections of the 2005 compendium on animal rabies control. Makes other changes in the law of rabies control.

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

    Amends 405 IAC 5-24-4 to revise the Medicaid reimbursement methodology for payment of legend drugs. Amends 405 IAC 5-24-5 to amend the Medicaid reimbursement methodology for insulin. Makes other nonsubstantive changes.

  • Title 405 Office of the Secretary of Family and Social Services -- #05-113 (PDF)

    Adds 405 IAC 1-12-27 to limit annual increases in base Medicaid rates for nonstate-owned intermediate care facilities for the mentally retarded and community residential facilities for the developmentally disabled.

  • Title 405 Office of the Secretary of Family and Social Services -- #05-114 (PDF)

    Adds 405 IAC 1-14.5-27 to restrict Medicaid rate increases for HIV nursing facilities. Adds 405 IAC 1-14.6-23 to restrict Medicaid rate increases for nursing facilities except for changes in case mix.

  • Title 407 Office of the Children's Health Insurance Program -- #05-155 (PDF)

    Amends 407 IAC 2-2-3 to eliminate the two-year time limit on the collection of past due premiums.

  • Title 407 Office of the Children's Health Insurance Program -- #05-156 (PDF)

    Amends 407 IAC 2-3-1 to increase the monthly premium amount an individual's family must pay to receive benefits under the program.

  • Title 876 Indiana Real Estate Commission -- #05-101 (PDF)

    Amends 876 IAC 1-4-2 to add septic/holding tank and septic mound and geothermal and heat pump to the Residential Real Estate Sales Disclosure form and to require signatures and property address information on both pages of the form.

Readopted Rules
  • Title 312 Natural Resources Commission -- #05-1 (PDF)

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

  • Title 675 Fire Prevention and Building Safety Commission -- #05-217 (PDF)

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

IC 13-14-9 Notices
  • Title 326 Air Pollution Control Board -- #05-78 (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for 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. 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 -- #05-118 (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to 326 IAC 7-4-2 concerning sulfur dioxide (SO2) emission limitations for two coke oven battery underfire combustion stacks serving three coke oven batteries E, H, and No. 1. 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 -- #05-229 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to rules 326 IAC 8-2 and 326 IAC 8-3 concerning volatile organic compound (VOC) emission limitations. 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 -- #05-230 (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to 326 IAC 1-1-3 concerning incorporation by reference of Code of Federal Regulations (CFR) and has scheduled a public hearing before the air pollution control board (board) for consideration of preliminary adoption of these rules.

  • Title 326 Air Pollution Control Board -- #05-231 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on readoption of rules to 326 IAC 17.1 concerning public records; confidential information; confidentiality agreements. 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 -- #05-232 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on new rules to 326 IAC concerning instituting a state voluntary performance-based program similar to the United States Environmental Protection Agency's National Environmental Performance Track Program to provide opportunities and incentives for eligible companies to allocate resources towards continuous improvement of their environmental management system and pollution prevention programs. IDEM seeks comment on inclusion of a voluntary performance program into Title 326.

  • Title 326 Air Pollution Control Board -- #05-235 (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for 326 IAC 1-3-4 concerning particulate matter ambient air quality standards and has scheduled a public hearing before the air pollution control board (board) for consideration of preliminary adoption of these rules.

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

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for a new rule concerning national emission standards for hazardous air pollutants for steel pickling hydrochloric acid process sources and hydrochloric acid regeneration plants. IDEM has scheduled a public hearing before the air pollution control board (board) for consideration of preliminary adoption of these rules.

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

    Fiscal Impact Statement

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

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to rules and new rules at 327 IAC 2-1, 327 IAC 2-1.5, and 327 IAC 5-2 and 327 IAC 5-3 concerning establishment of a CSO wet weather limited use subcategory and permit compliance schedules for qualifying communities affected by combined sewer overflows (CSO).

  • Title 327 Water Pollution Control Board -- #05-233 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on new rules to 327 IAC concerning instituting a state voluntary performance-based program similar to the United States Environmental Protection Agency's National Environmental Performance Track Program to provide opportunities and incentives for eligible companies to allocate resources towards continuous improvement of their environmental management system and pollution prevention programs. IDEM seeks comment on inclusion of a voluntary performance program into Title 327.

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

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on new rules and amendments to rules in 329 IAC 4.1 regulating wastes containing polychlorinated biphenyls (PCBs) concerning:

  • Title 329 Solid Waste Management Board -- #05-234 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on new rules to 329 IAC concerning instituting a state voluntary performance-based program similar to the United States Environmental Protection Agency's National Environmental Performance Track Program to provide opportunities and incentives for eligible companies to allocate resources towards continuous improvement of their environmental management system and pollution prevention programs. IDEM seeks comment on inclusion of a voluntary performance program into Title 329.

Nonrule Policy Documents (PDF)