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Indiana Register - January 1, 2004

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January 1, 2004, Volume 27, Number 4, Pages 1159-1546 (PDF)
Final Rules
  • Title 35 Board of Trustees of the Public Employees' Retirement Fund -- #03-131 (WordPerfect) (PDF)

    Adds 35 IAC 11 concerning the pickup of additional member contributions to a member's annuity savings account.

  • Title 312 Natural Resources Commission -- #03-35 (WordPerfect) (PDF)

    Amends 312 IAC 9-10-3 that governs aquatic vegetation control on waters of the state. Currently, the rule section applies only to chemical controls, but the amendments would implement P.L.19-2002 by extending coverage to controls based on mechanical, physical, and biological methods. Clarifies and supplements the factors considered by the department of natural resources in evaluating a license application to control aquatic plants. Clarifies the need to obtain advance approval from the department of environmental management for waterways used as a surface drinking water source before obtaining a license from the department of natural resources under this section. Requires a report be provided by a license holder to the department of natural resources within seven days after the completion of a control effort. Makes numerous other technical and substantive amendments.

  • Title 312 Natural Resources Commission -- #03-91 (WordPerfect) (PDF)

    Amends 312 IAC 18-5-4 that governs phytosanitary document fees and related fees by increasing those fees from $30 to $50 and adds state phytosanitary certificates to those for which the fees are required but with exemptions.

  • Title 326 Air Pollution Control Board -- #03-70 (WordPerfect) (PDF)

    Amends 326 IAC 1-4-1 concerning redesignation of Lake County to attainment for PM10.

  • Title 410 Indiana State Department of Health -- #02-317 (WordPerfect) (PDF)

    Adds 410 IAC 7-23 to establish a schedule of civil penalties for violations of the retail and wholesale food establishment rules. Repeals 410 IAC 7-19.

  • Title 515 Professional Standards Board -- #03-11 (WordPerfect) (PDF)

    Adds 515 IAC 9 to provide certain requirements and procedures for the issuance and revocation of various licenses and permits issued by the professional standards board.

  • Title 876 Indiana Real Estate Commission -- #03-196 (WordPerfect) (PDF)

    Amends 876 IAC 3-6-9 to exempt employees of governmental entities, who are Indiana licensed trainee appraisers, in the course of the governmental entities' activities from the requirements that a certified or licensed appraiser may not be the supervising appraiser for more than two trainees and that the supervising appraiser shall accompany the Indiana licensed trainee appraiser and inspect the subject and comparable properties on the first 50 assignments performed by the trainee and, during the first year the trainee holds an active license, all assignments located more than 50 miles from the supervising appraiser's office.

Errata Notice of Recall Notice of Withdrawal Emergency Rules
  • Title 65 State Lottery Commission -- #03-307 (WordPerfect) (PDF)

    Temporarily adds rules concerning instant game number 673.

  • Title 65 State Lottery Commission -- #03-308 (WordPerfect) (PDF)

    Temporarily adds rules concerning instant game number 674.

  • Title 65 State Lottery Commission -- #03-309 (WordPerfect) (PDF)

    Temporarily adds rules concerning instant game number 675.

  • Title 65 State Lottery Commission -- #03-310 (WordPerfect) (PDF)

    Adds 65 IAC 4-335 concerning instant game number 676.

  • Title 312 Natural Resources Commission -- #03-306 (WordPerfect) (PDF)

    Temporarily amends 312 IAC 9-3-7 to govern hunting white-tailed deer in a designated county under an extra deer license.

Notice of Rule Adoption
  • Title 405 Office of the Secretary of Family and Social Services -- #03-164 (WordPerfect) (PDF)

  • Title 405 Office of the Secretary of Family and Social Services -- #03-184 (WordPerfect) (PDF)

  • Title 405 Office of the Secretary of Family and Social Services -- #03-206 (WordPerfect) (PDF)

Change in Notice of Public Hearing Notice of Intent to Adopt a Rule
  • Title 312 Natural Resources Commission -- #03-311 (WordPerfect) (PDF)

    Amends the provisions that govern the following administrative rule amendments: ice fishing structure, portable ice fishing shelter, general requirements for deer hunting, hunting deer by firearms, hunting deer by bow and arrows, commercial processing of deer, beavers, foxes, coyotes, skunks, minks, muskrats, long-tailed weasels, opossums, raccoons, taking squirrels to protect property, squirrels, Hungarian partridges, ruffed grouse, wild turkeys, endangered species of birds, collection and possession of reptiles and amphibians native to Indiana, sale and transport for sale of reptiles and amphibians, reptile captive breeding license, special purpose turtle possession permit, endangered species of fish, sport fishing methods for ice fishing, largemouth bass, trout, rehabilitation permit, special purpose educational permit, handicapped hunting permit, special purpose salvage permit, aquaculture permit and wild animal possession permit. Questions concerning the proposed rule amendments may be directed to the following telephone number: (317) 232-4080 or e-mail lpetercheff@dnr.state.in.us. Statutory authority: IC 14-10-2-4; IC 14-22-2-6.

  • Title 312 Natural Resources Commission -- #03-316 (WordPerfect) (PDF)

    Adds 312 IAC 5-12.5-1 concerning the boat excise tax. Would authorize the operator of a sailboat to display excise tax decals on the mast or boom if they are not clearly visible, as otherwise required to be affixed under IC 6-6-11-24(2), while the boat is underway. Questions or comments may be directed to slucas@dnr.state.in.us or by telephone at 317-233-3322. Statutory authority: IC 6-6-11-24.

  • Title 470 Division of Family and Children -- #03-330 (WordPerfect) (PDF)

    To revise, update, and clarify miscellaneous provisions of 470 IAC 3-1.1. Statutory authority: IC 12-13-5-3; IC 12-17.2-2-4.

  • Title 515 Professional Standards Board -- #03-320 (WordPerfect) (PDF)

    Amends 515 IAC 1-4-1 and 515 IAC 1-4-2 relating to testing requirements for certain Indiana teaching licenses issued by the Professional Standards Board. 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 515 Professional Standards Board -- #03-321 (WordPerfect) (PDF)

    Amends 515 IAC 8 relating to certain requirements for the initial practitioner license issued by the Professional Standards Board. 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 515 Professional Standards Board -- #03-322 (WordPerfect) (PDF)

    Amends 515 IAC 9-1-22 relating to certain requirements and procedures for the issuance of permits pertaining to the director of career and technical education issued by the Professional Standards Board. 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 646 Department of Workforce Development -- #03-317 (WordPerfect) (PDF)

    Adds 646 IAC 3-1-12 concerning the wage reporting requirements pertaining to professional employer organizations. Adds 646 IAC 3-1-13 concerning the respective liabilities of a professional employer organization and its client company for unemployment insurance contributions. Adds 646 IAC 3-4-11 concerning the definition of a professional employer organization with respect to qualifying as an employer. Modifies 646 IAC 3-5-1 concerning corporate officers and directors. Public comments are invited. Statutory authority: IC 22-4-18-1.

  • Title 675 Fire Prevention and Building Safety Commission -- #03-323 (WordPerfect) (PDF)

    To amend the Indiana Residential Code, 675 IAC 14-4.2, to add standards for visitability of Class 2 structures and Class 1 Townhouses so that, if desired, limited accessibility 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.

  • Title 844 Medical Licensing Board of Indiana -- #03-325 (WordPerfect) (PDF)

    Amends 844 IAC 4-4.5-12 to revise the passing requirements for the United States Medical Licensing Examination (USMLE). Questions or comments concerning the proposed rules may be directed to: Board Director, Indiana Government Center-South, 402 West Washington Street, Room W066, Indianapolis, Indiana 46204 or by electronic mail to ajones@hpb.state.in.us. Statutory authority: IC 25-22.5-2-7.

  • Title 844 Medical Licensing Board of Indiana -- #03-329 (WordPerfect) (PDF)

    Amends 844 IAC 10-4-1 concerning mandatory registration; renewal of certified occupational therapists and occupational therapy assistants. Effective 30 days after filing with the secretary of state. Public comments are invited and may be directed to Indiana Medical Licensing Board, 402 West Washington Street, Room W066, Indianapolis, Indiana 46204 or by electronic mail to tthompson@hpb.state.in.us. Statutory authority: IC 25-23.5-2-6.

  • Title 844 Medical Licensing Board of Indiana -- #03-331 (WordPerfect) (PDF)

    Amends 844 IAC 10-5-15 concerning a limit on the number of temporary permit applications. Effective 30 days after filing with the secretary of state. Public comments are invited and may be directed to Indiana Medical Licensing Board, 402 West Washington Street, Room W066, Indianapolis, Indiana 46204 or by electronic mail to tthompson@hpb.state.in.us. Statutory authority: IC 25-23.5-2-5; IC 25-23.5-2-6.

  • Title 856 Indiana Board of Pharmacy -- #03-326 (WordPerfect) (PDF)

    Amends 856 IAC 1-33-1 to revise the definition of counseling and to add the definitions of offer and patient. Amends 856 IAC 1-33-2 to revise the requirements for patient counseling. Amends 856 IAC 1-33-4 to revise the institutional patient exception. Establish the requirements for an offer. Establish the grounds for discipline for patient counseling violations. Questions or comments concerning the proposed rules may be directed to: Indiana Board of Pharmacy, ATTENTION: Board Director, 302 West Washington Street, Room W066, Indianapolis, IN 46204-2700 or via e-mail at jbolin@hpb.state.in.us. Statutory authority: IC 25-26-13-4.

  • Title 862 Private Detectives Licensing Board -- #03-313 (WordPerfect) (PDF)

    Amends 862 IAC 1-1-3 to modify the experience requirements established under IC 25-30-1-8 for a private detective license to address the areas of employment to meet the experience requirements. 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, IN 46204-2700 or via e-mail at pla11@pla.state.in.us. Statutory authority: IC 25-30-1-5.5.

  • Title 905 Alcohol and Tobacco Commission -- #03-318 (WordPerfect) (PDF)

    Amends 905 IAC 1-27-2 to provide that the acts that constitute having a permit premises declared a public nuisance need not be confined to a permit premises, but may extend to areas outside the permit premises, if they are owned by a permittee or used by the patrons of permittees, such as parking lots, or other space inside a building that houses a permit premises. Effective 30 days after filing with the secretary of state. Questions concerning the proposed rule may be directed to Mark C. Webb, Executive Secretary, Alcohol and Tobacco Commission, at (317) 232-2472. Statutory authority: IC 7.1-2-3-7.

  • Title 905 Alcohol and Tobacco Commission -- #03-319 (WordPerfect) (PDF)

    Amends 905 IAC 1-45 to clarify the information required to be provided and maintained in the course of the retail sales of beer kegs. Questions concerning the proposed rule may be directed to Mark C. Webb, Executive Secretary, at 232-2472. Statutory authority: IC 7.1-2-3-7.

Proposed Rules
  • Title 312 Natural Resources Commission -- #03-203 (WordPerfect) (PDF)

    Amends 312 IAC 11-3-1 and 312 IAC 11-4-3 to allow bulkhead seawalls or previously authorized seawalls to be refaced with glacial stone, under a general license, regardless of the number of times the existing bulkhead or authorized seawall has previously been refaced.

  • Title 312 Natural Resources Commission -- #03-214 (WordPerfect) (PDF)

    Amends 312 IAC 18-3-12, which governs standards for the control of larger pine shoot beetles, by adding Union County to the quarantine area.

  • Title 312 Natural Resources Commission -- #03-220 (WordPerfect) (PDF)

    Amends 312 IAC 2 governing delegations and informal procedures of the commission and its boards by authorizing the director of the commission's division of hearings to give preliminary adoption to the readoption of rules, where no changes are proposed to existing language, modifying procedures for informal hearings held prior to those governed by IC 4-21.5 to address a hearing by an agency board, and removing an obsolete cross-reference to 310 IAC.

  • Title 312 Natural Resources Commission -- #03-251 (WordPerfect) (PDF)

    Amends 312 IAC 16, which governs the drilling, operation, and proper abandonment of wells drilled for oil and gas purposes, by updating the definitions and standards governing the plugging and abandoning to incorporate best management practices and including specifications for the use of oil field cements and other materials, the certification of plugging adequacy, the use of alternate materials and methods in well plugging, and quality control measures to ensure the adequacy of plugs. Amends 312 IAC 16-5-15 governing mechanical integrity standards to provide that an operator use a minimum of 300 pounds of pressure during the running of a mechanical integrity test and cause these standards to harmonize with those in 312 IAC 16-5-20. Makes numerous technical changes.

  • Title 405 Office of the Secretary of Family and Social Services -- #03-263 (WordPerfect) (PDF)

    Amends 405 IAC 2-3 to specify that expenses that are subject to payment by a third party may not be used to establish spend-down eligibility and to provide that, if a recipient does not meet his or her spend-down for four consecutive months, medical assistance shall be discontinued.

  • 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. This document was revised and resubmitted for publication.

  • 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.

  • Title 844 Medical Licensing Board of Indiana -- #03-262 (WordPerfect) (PDF)

    Amends 844 IAC 6-1-2 to revise the definitions concerning physical therapists and physical therapist's assistants.

  • Title 858 Controlled Substances Advisory Committee -- #03-281 (WordPerfect) (PDF)

    Amends 858 IAC 2-1 to revise the electronic prescription monitoring program.

  • Title 876 Indiana Real Estate Commission -- #03-225 (WordPerfect) (PDF)

    Amends 876 IAC 3-6-2 to incorporate by reference the 2004 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 2004 edition.

  • Title 905 Alcohol and Tobacco Commission -- #03-38 (WordPerfect) (PDF)

    Adds 905 IAC 1-5.2-9.1 concerning the amount of product a wholesaler or primary source of supply may furnish to a retailer or dealer who has not previously purchased such product from such wholesaler or primary source of supply. Adds 905 IAC 1-5.2-9.2 concerning the activities of a retailer, wholesaler, and supplier in the case of a consumer sampling of wine, liquor, or cordials in accordance with the Indiana Code. Repeals 905 IAC 1-5.2-9. NOTE: Under IC 4-22-2-40, LSA Document #03-38, printed at 26 IR 2687, was recalled by the Alcohol and Tobacco Commission. This document was revised and resubmitted for publication.

  • Title 905 Alcohol and Tobacco Commission -- #03-96 (WordPerfect) (PDF)

    Adds 905 IAC 1-35.1 to establish rules regulating the sale of alcoholic beverages at auto race tracks under IC 7.1-3-6-16 and IC 7.1-3-14-6 and to provide definitions and procedures to implement said statutes. NOTE: Under IC 4-22-2-40, LSA Document #03-96, printed at 26 IR 3745, was recalled by the Alcohol and Tobacco Commission. This document was revised and resubmitted for publication.

  • Title 905 Alcohol and Tobacco Commission -- #03-279 (WordPerfect) (PDF)

    Adds 905 IAC 1-46 to establish rules regulating the placement of tobacco sales certificates issued under IC 7.1-3-18.5, et seq. and to provide penalties for noncompliance.

  • Title 905 Alcohol and Tobacco Commission -- #03-280 (WordPerfect) (PDF)

    Adds 905 IAC 1-47 to establish rules defining a municipal riverfront development project under IC 7.1-3-20-16.

Readopted Rules AROC Notices IC 13-14-9 Notices
  • Title 326 Air Pollution Control Board -- #03-228 (WordPerfect) (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to rules 326 IAC 1-2-52 concerning the definition of particulate matter and 326 IAC 1-3-4 concerning ambient air quality standards. This rulemaking proposes to add ambient air quality standards for PM2.5 and a revised PM10 standard to state rules, and add new rules concerning definitions for PM2.5, PM10, particulate matter emissions, PM10 emissions, and total suspended particulate (TSP). 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 -- #03-264 (WordPerfect) (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for a new rule, 326 IAC 20-56, concerning the incorporation of national emission standards for hazardous air pollutants from reinforced plastic composites production and amendments to 326 IAC 20-25, concerning emissions from reinforced plastic composites fabricating emission units. 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 -- #03-332 (WordPerfect) (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for 326 IAC 2-10, Permit by Rule. The purpose of this notice is to seek public comment on the draft rule, including suggestions for specific language to be included in the rule. 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 -- #03-333 (WordPerfect) (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for 326 IAC 2-11, Permit by Rule for Specific Source Categories. The purpose of this notice is to seek public comment on the draft rule, including suggestions for specific language to be included in the rule. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking.

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

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to rules in Title 327 concerning water quality standards, methods, and implementation procedures. 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 329 Solid Waste Management Board -- #03-312 (WordPerfect) (PDF)

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

Nonrule Policy Documents (WordPerfect) (PDF)

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