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Indiana Register - August 1, 2004

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August 1, 2004, Volume 27, Number 11, Pages 3491-3862 (PDF)
Final Rules
  • Title 410 Indiana State Department of Health -- #03-161 (WordPerfect) (PDF)

    Adds 410 IAC 1-7 to establish procedures subsequent to the testing of pregnant women for HIV and standards regarding the provision of information concerning HIV to women who are pregnant, before delivery, at delivery, and after delivery.

  • Title 511 Indiana State Board of Education -- #03-150 (WordPerfect) (PDF)

    Amends 511 IAC 6-7-6.1 to require students who enter high school after June 30, 2004, to complete Algebra I or Integrated Mathematics I. NOTE: Under IC 4-22-2-40, LSA Document #03-150, printed at 26 IR 3938, was recalled by the Indiana State Board of Education, resubmitted for publication, and reprinted at 27 IR 1210.

  • Title 511 Indiana State Board of Education -- #03-151 (WordPerfect) (PDF)

    Amends 511 IAC 6.1-5.1-9 concerning business technology education and technology education and 511 IAC 6.1-5.1-10.1 concerning vocational-technical courses.

  • Title 511 Indiana State Board of Education -- #03-185 (WordPerfect) (PDF)

    Amends 511 IAC 1-3-1 to add a new definition for data required to be collected by 20 U.S.C.A. 7112(c)(3)(B)(i) and to define truancy rate, unexcused absence, and aggregate unexcused absences.

  • Title 675 Fire Prevention and Building Safety Commission -- #03-278 (WordPerfect) (PDF)

    Amends 675 IAC 12-4-11 of the General Administrative Rules to address the use of Class 1 structures classified as A, B, E, or M occupancies for residential occupancy for up to 30 days in a calendar year.

  • Title 836 Indiana Emergency Medical Services Commission -- #03-188 (WordPerfect) (PDF)

    Amends 836 IAC 1, 836 IAC 2, 836 IAC 3, and 836 IAC 4 to make substantive and technical revisions, to make clarifications, and to make corrections to the requirements and provisions applicable to emergency medical service personnel, transport and nontransport providers, supervising hospitals, air ambulances (both rotorcraft and fixed-wing), and other emergency medical service vehicles (both transport and nontransport). Adds 836 IAC 1-1-4, 836 IAC 1-1-5, 836 IAC 1-1-6, 836 IAC 1-1-7, 836 IAC 1-1-8, 836 IAC 1-2-5, 836 IAC 1-12, and 836 IAC 2-2-4 to generalize sections that apply to all provider organizations and change rules to correspond with legislative changes. Repeals 836 IAC 2-7.1, 836 IAC 2-11-1, 836 IAC 4-6-1, and 836 IAC 4-8-1.

Errata Emergency Rules
  • Title 52 Indiana Board of Tax Review -- #04-184 (WordPerfect) (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 -- #04-185 (WordPerfect) (PDF)

    Temporarily adds rules concerning pull-tab game number 016.

  • Title 65 State Lottery Commission -- #04-186 (WordPerfect) (PDF)

    Temporarily adds rules concerning pull-tab game number 017.

  • Title 65 State Lottery Commission -- #04-193 (WordPerfect) (PDF)

    Adds 65 IAC 4-347 concerning scratch-off game number 698.

  • Title 312 Natural Resources Commission -- #04-183 (WordPerfect) (PDF)

    Temporarily allows for the use of a general license for qualified activities under the Flood Control Act if the Department of Natural Resources, Division of Fish and Wildlife, gives prior written approval. (On May 18, 2004, the Natural Resources Commission gave final adoption to LSA Document #03-215, amendments to 312 IAC 10-5, to implement this concept, but the language would likely not complete the review process until completion of the primary 2004 construction season.).

  • Title 407 Office of the Children's Health Insurance Program -- #04-192 (WordPerfect) (PDF)

    Temporarily amends 407 IAC 3-7-1 and 407 IAC 3-13-1 by revoking coverage for treatment by a psychiatric residential treatment facility with sixteen or fewer beds. Authority: IC 4-22-2-37.1; IC 12-17.6-2-11. NOTE: The original emergency document, LSA Document #04-104(E), printed at 27 IR 2519, effective April 8, 2004, expires July 7, 2004.

Notice of Rule Adoption
  • Title 407 Office of the Children's Health Insurance Program -- #04-35 (WordPerfect) (PDF)

Change in Notice of Public Hearing Notice of Intent to Adopt a Rule
  • Title 40 State Ethics Commission -- #04-198 (WordPerfect) (PDF)

    The rule will amend the Indiana code of ethics for the conduct of state business by amending 40 IAC 2-1-4, relating to definitions; 40 IAC 2-1-6, relating to acceptable gifts, favors, services, entertainment, food, drink, and honoraria; 40 IAC 2-1-7, relating to appearances, activities, and expenses; and amend other sections found at 40 IAC 2 as necessary to maintain consistency and conformity with the foregoing. The rule will also amend 40 IAC 2 by adding a provision concerning ethics education. Questions or comments concerning the proposed rule may be directed by mail to the State Ethics Commission, attention: Nina Brahm, Staff Counsel, 402 West Washington Street, Indianapolis, IN 46204, or by electronic mail to nbrahm@ethics.state.in.us. Statutory authority: IC 4-2-6-3; IC 4-2-6-4.

  • Title 140 Bureau of Motor Vehicles -- #04-187 (WordPerfect) (PDF)

    Adds rules necessary to fully implement the requirements of Section 1012 of the Uniting and Strengthening America by Providing Appropriate Tools Requirements to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act). These rules will establish licensing requirements for commercial driver's licenses with a hazardous materials endorsement. Questions or comments on the proposed rule may be directed to Cassandra Ashley-Jordan, Chief Legal Counsel, and Bureau of Motor Vehicles at (317) 232-7043. Statutory authority: IC 9-24-6.5-3.

  • Title 410 Indiana State Department of Health -- #04-188 (WordPerfect) (PDF)

    This rule will update and clarify the requirements pertaining to the design, construction, installation, maintenance, and operation of commercial and residential on-site sewage disposal systems. Written comments may be submitted to the Indiana State Department of Health, ATTENTION: Sanitary Engineering, 2 North Meridian Street, Indianapolis, Indiana 46204. Statutory authority: IC 16-19-3-4; IC 16-19-3-5.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #04-199 (WordPerfect) (PDF)

    Amends 460 IAC 1-8-3 to add to the list of those who are precluded from providing attendant care services. Adds new sections regarding the hire of a fiscal agent by an individual in need of self-directed in-home care who has hired a personal services attendant, including duties, methods of payment for a personal services attendant and fiscal agent, and record keeping requirements. Effective 30 days after filing with the secretary of state. Statutory authority: IC 12-8-8-4; IC 12-9-2-3; IC 12-10-17.

  • Title 515 Professional Standards Board -- #04-197 (WordPerfect) (PDF)

    Adds 515 IAC 10 to provide certain requirements and procedures for the issuance by the Professional Standards Board of the workplace specialist licenses and other matters concerning the workplace specialist license. Public comments are invited and may be directed to Marie Theobald, Executive Director, 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 -- #04-194 (WordPerfect) (PDF)

    To adopt and amend the 2003 International Residential Code (IRC) to replace the current Indiana Residential Code (675 IAC 14-4.2). Included in the proposed rule will be standards for visitability of Class 2 structures and Class 1 townhouses so that, if desired, accessibility features may be provided in these structures. 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; P.L.112-2003, SECTION 2.

  • Title 675 Fire Prevention and Building Safety Commission -- #04-195 (WordPerfect) (PDF)

    To make a substantive change to the General Administrative Rules, 675 IAC 12, to adopt a rule that would continue the practice of allowing a nonlawyer to provide representation in actions before the Fire Prevention and Building Safety Commission and the Fire and Building Services Department. 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 675 Fire Prevention and Building Safety Commission -- #04-196 (WordPerfect) (PDF)

    Under IC 22-11-14.5-3, the proposed rule (i) will add 675 IAC 22-2.2-26 to adopt NFPA 1126, Standard for the Use of Pyrotechnics before a Proximate Audience, 2001 edition, published by the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts, together with all amendments adopted by the Commission and (ii) under IC 35-47.5-4-4.5, will add 675 IAC 26 to govern the use of a regulated explosive and establish requirements for the issuance of a license for the use of a regulated explosive. 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; IC 22-11-14.5-3; IC 35-47.5-4-4.5.

  • Title 828 State Board of Dentistry -- #04-189 (WordPerfect) (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. Questions or comments concerning the proposed rules may be directed to: Health Professions Bureau, ATTENTION: Board Director, 402 West Washington Street, Room W066, Indianapolis, Indiana 46204 or by electronic mail at smazo@hpb.state.in.us. Statutory authority: IC 25-13-1-5; IC 25-13-2-10; IC 25-14-1-13; IC 25-14-3-12.

  • Title 878 Home Inspectors Licensing Board -- #04-191 (WordPerfect) (PDF)

    Adds Title 878 concerning definitions, educational and licensing requirements, license renewal requirements, fees, continuing education requirements, standards for the competent performance of home inspections, code of ethics, and standards for home inspection reports prepared by home inspectors to implement the home inspector program under IC 25-20.2. Questions or comments may be directed by mail to the Home Inspectors Licensing Board, Indiana Government Center-South, 302 West Washington Street, Room E012, Indianapolis, Indiana 46204, or by electronic mail at wlowhorn@pla.in.gov. Statutory authority: IC 25-1-8-2; IC 25-20.2-3-8; IC 25-20.2-3-9; IC 25-20.2-6-5.

Proposed Rules
  • Title 25 Indiana Department of Administration -- #04-172 (WordPerfect) (PDF)

    Adds 25 IAC 6 concerning definitions of terms and phrases used in executive lobbying activity and provides for registration and regulatory procedures and requirements for executive lobbyists and enforcement of such regulation.

  • Title 50 Department of Local Government Finance -- #04-174 (WordPerfect) (PDF)

    Adds 50 IAC 20 to provide uniform procedures necessary to prescribe both a mileage and per diem allowance for attendance of initial training sessions and continuing education sessions under IC 6-1.1-35.2.

  • Title 312 Natural Resources Commission -- #04-67 (WordPerfect) (PDF)

    Amends 312 IAC 2-4-12, which governs fishing tournaments at lakes administered by the department of natural resources, division of state parks and reservoirs, to reauthorize fishing tournaments, which had been suspended while repairs were underway for the dam that forms the lake, on Mississinewa Lake.

  • Title 326 Air Pollution Control Board -- #04-148 (WordPerfect) (PDF)

    Amends 326 IAC 1-4-1 concerning attainment status designations for the 8-hour ozone national ambient air quality standard.

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

    Amends 327 IAC 1-1, 327 IAC 2-1, 327 IAC 2-1.5, 327 IAC 2-4, 327 IAC 5-1.5, and 327 IAC 5-2 concerning water quality standards, methods, and implementation procedures.

  • Title 329 Solid Waste Management Board -- #03-286 (WordPerfect) (PDF)

    Amends 329 IAC 12-8-4, 329 IAC 12-8-5, and 329 IAC 12-9-2, concerning certification for solid waste facility operators, to place asbestos disposal certification for solid waste facility operators, which is currently under the authority of the Air Pollution Control Board, under the rules promulgated by the Solid Waste Management Board.

  • Title 405 Office of the Secretary of Family and Social Services -- #04-142 (WordPerfect) (PDF)

    Amends 405 IAC 1-1.5-1 to specify that disputes related to claims submitted to Medicaid managed care organizations by Medicaid providers who do not have a contract with the managed care organization are governed by 405 IAC 1-1.6. Adds 405 IAC 1-1.6 to set out the dispute resolution process for disputes related to claims submitted to Medicaid managed care organizations by Medicaid providers who do not have a contract with the managed care organization.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #04-76 (WordPerfect) (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 515 Professional Standards Board -- #04-141 (WordPerfect) (PDF)

    Adds 515 IAC 12 to provide for certain requirements for the issuance of an accomplished practitioner license by the professional standards board.

  • Title 888 Indiana Board of Veterinary Medical Examiners -- #04-137 (WordPerfect) (PDF)

    Amends 888 IAC 1.1-6-1 concerning applicants who are applying to take the North American Veterinary Licensing Examination (NAVLE).

Readopted Rules AROC Notices IC 13-14-9 Notices
  • Title 326 Air Pollution Control Board -- #04-200 (WordPerfect) (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to rules 326 IAC 10-3 and 326 IAC 10-4 concerning nitrogen oxides (NOx) state implementation plan (SIP) call, Phase II rule. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking.

Nonrule Policy Documents (WordPerfect) (PDF)

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