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Indiana Register - December 1, 2003

Access the official CD-ROM Indiana Register by clicking on (PDF) following the volume information line below.

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December 1, 2003, Volume 27, Number 3, Pages 819-1158 (PDF)
Final Rules
  • Title 10 Office of Attorney General for the State -- #03-167 (WordPerfect) (PDF)

    Amends 10 IAC 3-1-1 and 10 IAC 3-1-2 relating to and updating the form for filing tort claims against the state.

  • Title 11 Consumer Protection Division of the Office of the Attorney General -- #03-165 (WordPerfect) (PDF)

    Adds 11 IAC 3 relating to the regulation of professional fundraiser consultants and professional solicitors to establish fines on professional fundraiser consultants and solicitors as permitted by IC 23-7-8, define certain terms, and establish requirements for the registration application, the solicitation notice, and the financial report that are filed with the consumer protection division.

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

    Amends 327 IAC 15 concerning storm water run-off associated with construction activity and storm water discharges associated with industrial activity. Repeals 327 IAC 15-5-11.

  • Title 405 Office of the Secretary of Family and Social Services -- #03-18 (WordPerfect) (PDF)

    Amends 405 IAC 1-10.5-3 to remove annual inflationary adjustment to inpatient rates and adds requirements to the medical education rate calculation.

  • Title 410 Indiana State Department of Health -- #03-4 (WordPerfect) (PDF)

    Amends 410 IAC 1-2.3-47 and 410 IAC 1-2.3-48 and adds 410 IAC 1-2.3-97.5 governing the reporting and control measures of communicable disease to add smallpox and complications related to vaccinations for smallpox.

  • Title 470 Division of Family and Children -- #03-136 (WordPerfect) (PDF)

    Amends 470 IAC 6-2-1 and 470 IAC 6-2-13 to allow for a six month certification period for food stamp recipients pursuant to Section 4109 of the Farm Bill. Amends 470 IAC 6-4.1-4 to simplify changes a recipient must report during this period.

  • Title 760 Department of Insurance -- #03-8 (WordPerfect) (PDF)

    Adds 760 IAC 1-69 to recognize, permit, and prescribe the use of the 2001 Commissioners Standard Ordinary Mortality Table for use in determining minimum reserve liabilities and nonforfeiture benefits.

  • Title 864 State Board of Registration for Professional Engineers -- #03-125 (WordPerfect) (PDF)

    Amends 864 IAC 1.1-2-2 to revise the minimum education and experience requirements established under IC 25-31-1-12 for admission to the professional engineer examination to address college courses that cover two or more categories. Adds 864 IAC 1.1-14 to establish the requirements for a limited liability company to practice or offer to practice engineering in Indiana.

  • Title 865 State Board of Registration for Land Surveyors -- #03-41 (WordPerfect) (PDF)

    Amends 865 IAC 1-13 to revise the continuing education requirements for registered land surveyors. Amends 865 IAC 1-14 to revise the requirements for land surveyors continuing education providers. Repeals 865 IAC 1-13-20 and 865 IAC 1-14-20 to eliminate the provisions that would cause the continuing education rules and continuing education provider rules to expire on August 1, 2004.

  • Title 876 Indiana Real Estate Commission -- #03-124 (WordPerfect) (PDF)

    Amends 876 IAC 1-1-19 to establish an application fee for a licensee who submits a transfer application to terminate his or her association with a principal broker.

Notice of Recall Emergency Rules
  • Title 45 Department of State Revenue -- #03-304 (WordPerfect) (PDF)

    Temporarily amends 45 IAC 2.2 to conform to HEA 1815-2003. Authority: HEA 1815, SECTION 42.

  • Title 65 State Lottery Commission -- #03-287 (WordPerfect) (PDF)

    Temporarily adds rules concerning pull-tab game number 010.

  • Title 65 State Lottery Commission -- #03-288 (WordPerfect) (PDF)

    Temporarily adds rules concerning instant game number 668.

  • Title 65 State Lottery Commission -- #03-289 (WordPerfect) (PDF)

    Temporarily adds rules concerning instant game number 669.

  • Title 65 State Lottery Commission -- #03-290 (WordPerfect) (PDF)

    Temporarily adds rules concerning instant game number 670.

  • Title 65 State Lottery Commission -- #03-291 (WordPerfect) (PDF)

    Temporarily adds rules concerning instant game number 708.

  • Title 65 State Lottery Commission -- #03-292 (WordPerfect) (PDF)

    Adds 65 IAC 4-333 concerning instant game number 707.

  • Title 65 State Lottery Commission -- #03-295 (WordPerfect) (PDF)

    Temporarily adds rules concerning instant game number 671.

  • Title 71 Indiana Horse Racing Commission -- #03-293 (WordPerfect) (PDF)

    Amends 71 IAC 12-2-15 concerning allocation of riverboat gambling admissions tax revenue.

  • Title 327 Water Pollution Control Board -- #03-299 (WordPerfect) (PDF)

    Temporarily amends provisions at 327 IAC 5-4-3 and adds provisions at 327 IAC 15-15. Authority: IC 4-22-2-37.1(a)(14). NOTE: The original emergency document, LSA Document #03-127(E), as printed at 26 IR 3066, effective May 14, 2003, expires August 12, 2003. The first extension, LSA Document #03-223(E), as printed at 26 IR 3892, effective August 11, 2003, expires November 9, 2003.

Change in Notice of Public Hearing Notice of Intent to Adopt a Rule
  • Title 170 Indiana Utility Regulatory Commission -- #03-305 (WordPerfect) (PDF)

    Adds 170 IAC 4-4.2 concerning net metering. The purpose of this rulemaking is for investor-owned electric utilities to provide a net metering program to their residential customers and schools. Effective 30 days after filing with the secretary of state. Questions concerning the proposed rule may be addressed to the following telephone number: (317) 232-158. Statutory authority: IC 8-1-1-3(g).

  • Title 312 Natural Resources Commission -- #03-296 (WordPerfect) (PDF)

    Amends 312 IAC to update cross-references to other laws, to incorporate emergency rules already in effect as permanent rules, and to include definitions that clarify the current administration of programs. Questions or comments may be directed to slucas@dnr.state.in.us or by telephone at 317-233-3322. Statutory authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-26-2-23; IC 14-28-1-5; IC 14-31-3-14.

  • Title 405 Office of the Secretary of Family and Social Services -- #03-302 (WordPerfect) (PDF)

    Amends 405 IAC 1-14.6 to add provisions to assess a quality assessment fee on nursing facility providers for the purpose of funding enhanced nursing facility reimbursement. Adds provisions for additional reimbursement for closing or converting nursing facilities. Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-21-2.

  • Title 410 Indiana State Department of Health -- #03-297 (WordPerfect) (PDF)

    Amends 410 IAC 16.2-3.1-2 and 410 IAC 16.2-5-1.1 to require an independent verification of financial status by a certified public accountant and to clarify applicability of the rule. Also amends the fine in 410 IAC 16.2-5-1.1. Written comments may be submitted to the Indiana State Department of Health, Health Care Regulatory Services Commission, 2 North Meridian Street #5A, Indianapolis, Indiana 46204. Statutory authority: IC 16-28-1-7; IC 16-28-1-12.

  • Title 514 Indiana School for the Deaf Board -- #03-298 (WordPerfect) (PDF)

    As provided in IC 20-16-3-10, the Indiana School for the Deaf Board intends to adopt rules to establish criteria for admission of children with hearing disabilities, including children with multiple disabilities, at the Indiana School for the Deaf. The Indiana School for the Deaf Board invites written suggestions, facts, arguments, or views in these matters. Questions or comments may be directed to George M. Stailey, Superintendent, Indiana School for the Deaf, at 924-8400. Statutory authority: IC 20-16-3-10.

  • Title 760 Department of Insurance -- #03-303 (WordPerfect) (PDF)

    To amend 760 IAC 2-1 through 760 IAC 2-20 to implement updates to the National Association of Insurance Commissioner model long term care regulation, to conform with the Health Insurance Portability and Accountability Act of 1996, to conform with IC 27-1-15.6 and IC 27-1-15.7, and to

  • Title 864 State Board of Registration for Professional Engineers -- #03-301 (WordPerfect) (PDF)

    Implements rule changes to facilitate the outsourcing of the administration of examinations for professional engineers and engineering interns, including amending 864 IAC 1.1-12-1 to revise the fee schedule for the examination or reexamination. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, ATTENTION: Board Director, 302 West Washington Street, Room E034, Indianapolis, Indiana 46204-2700 or by electronic mail at pla10@pla.state.in.us. Statutory authority: IC 25-1-8-2; IC 25-31-1-7.

  • Title 865 State Board of Registration for Land Surveyors -- #03-300 (WordPerfect) (PDF)

    Implements rule changes to facilitate the outsourcing of the administration of examinations for land surveyors-in-training and land surveyors, including 865 IAC 1-11-1 to revise the fee schedule for the examination or reexamination. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, ATTENTION: Board Director, 302 West Washington Street, Room E034, Indianapolis, Indiana 46204-2700 or by electronic mail at pla10@pla.state.in.us. Statutory authority: IC 25-1-8-2; IC 25-21.5-2-14.

Proposed Rules
  • Title 50 Department of Local Government Finance -- #03-6 (WordPerfect) (PDF)

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

  • Title 50 Department of Local Government Finance -- #03-235 (WordPerfect) (PDF)

    Adds 50 IAC 18 to provide uniform procedures necessary to review and assess the real property of an industrial facility under IC 6-1.1-8.7.

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

    Amends 329 IAC 3.1-9-2 to be consistent with new ground water quality standards at 327 IAC 2-11.

  • Title 405 Office of the Secretary of Family and Social Services -- #03-236 (WordPerfect) (PDF)

    Amends 405 IAC 1-8-2 to define intestinal and multivisceral transplants and to allow intestinal and multivisceral transplant procedures to be reimbursed on a percentage of reasonable cost until such time an appropriate diagnosis-related group (DRG) as determined by the office can be assigned.

  • Title 405 Office of the Secretary of Family and Social Services -- #03-260 (WordPerfect) (PDF)

    Amends 405 IAC 6-2-3, 405 IAC 6-2-5, 405 IAC 6-3-3, 405 IAC 6-4-2, 405 IAC 6-4-3, 405 IAC 6-5-1, 405 IAC 6-5-2, 405 IAC 6-5-3, 405 IAC 6-5-4, 405 IAC 6-5-6 provisions affecting eligibility and enrollment requirements, and policy for the Indiana Prescription Drug Program. Repeals 405 IAC 6-2-21, 405 IAC 6-2-22, 405 IAC 6-6-3, and 405 IAC 6-6-4.

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

    Amends 410 IAC 16.2-3.1-19 and 410 IAC 16.2-8-1 to update the requirement for the Life Safety Code for health facilities.

  • Title 515 Professional Standards Board -- #03-135 (WordPerfect) (PDF)

    Adds 515 IAC 4 to establish the process whereby a teacher obtains a proficient practitioner license.

  • Title 655 Board of Firefighting Personnel Standards and Education -- #03-186 (WordPerfect) (PDF)

    Amends 655 IAC 1-2.1, 655 IAC 1-3, and 655 IAC 1-4 to amend certification programs and certifications, update certain National Fire Protection Association Standards, amend the mandatory training program and the mandatory training requirements, and make conforming section changes.

  • 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 865 State Board of Registration for Land Surveyors -- #03-187 (WordPerfect) (PDF)

    Amends 865 IAC 1-13-5 to revise the continuing education requirements to develop mechanisms to allow for courses sponsored by providers that are approved in another state to qualify for Indiana continuing education credit.

Readopted Rules IC 13-14-9 Notices
  • Title 326 Air Pollution Control Board -- #03-195 (WordPerfect) (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to 326 IAC 6-1-13 and 326 IAC 7-4-3 concerning deletion of references to decommissioned boilers and their corresponding particulate matter and sulfur dioxide emission limitations at Pfizer Inc., in Vigo County. 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 328 Underground Storage Tank Financial Assurance Board -- #02-204 (WordPerfect) (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to 328 IAC 1 concerning clarifications of the rules governing the excess liability trust fund. 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 328 that may be affected by this rulemaking.

Nonrule Policy Documents (WordPerfect) (PDF)

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