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Adds 68 IAC 6-3 to govern the commission's administration of a Voluntary Exclusion Program in the state of Indiana, which will allow individuals to voluntarily request to have his or her name placed on an exclusion list and be excluded from Indiana riverboats. In addition, riverboat licensees may not cash checks for, issue credit to, or send direct marketing to persons who are identified by this list.
Amends 312 IAC 25 that assists in the administration of IC 14-34 (sometimes referred to as the "Indiana Surface Control and Reclamation Act" or "Indiana SMCRA"), which governs surface coal mining and reclamation activities. Makes numerous changes to help assure conformance with state and federal law including new definitions for "land eligible for remining" and "unanticipated event or condition", references to ponds would be modified to describe siltation structures, designated regulations of the Mine Safety and Health Administration would be incorporated by reference, refuse piles would be addressed with greater specificity, references to the former Soil Conservation Service are updated to identify the Natural Resources Conservation Service, new standards address consultation with the Secretary of Agriculture, permits on prime farmland, permits on lands eligible for remining, certifications by a permittee who seeks a bond release, the development of baselines for hydrologic information, and the frequency of inspections of abandoned sites, provides for the confidentiality of information and location of archaeological resources on public and Indian lands, specifies that, in addition to the director of the department of natural resources, the Secretary of the Interior may perform mine inspections. Makes numerous other substantive and technical changes.
Adds 312 IAC 18-3-15 to govern the release of a "beneficial organism" or a "pest or pathogen". Adds 312 IAC 18-3-16 to list and regulate kudzu as a pest or pathogen. Adds 312 IAC 18-3-17 to clarify the authority of the division director (also known as the state entomologist) to establish and dissolve technical committees that assist in evaluating issues pertaining to the release of beneficial organisms or pests or pathogens. Amends 312 IAC 18-5-2 to establish a fee and acreage surcharge for the performance of voluntary certification of florist premises and greenhouses.
Adds 326 IAC 20-49, 326 IAC 20-50, 326 IAC 20-51, 326 IAC 20-52, 326 IAC 20-53, 326 IAC 20-54, and 326 IAC 20-55 concerning national emission standards for hazardous air pollutants (NESHAP) for new and existing plant sites for pulp and paper mills (combustion), some emission units at petroleum refineries, manufacturing of nutritional yeast, cellulose manufacturing, leather finishing operations, wet formed fiberglass mat production, and tire manufacturing.
Amends 405 IAC 5-20 to add coverage and reimbursement limitations for psychiatric residential treatment services (PRTF) for children under 21 years of age. Adds 405 IAC 1-21 setting forth the reimbursement criteria for PRTF services.
Amends 405 IAC 2-3-1.1 to specify that a Medicaid penalty period for the transfer of assets for less than fair market value will begin in the month after which assets have been transferred for less than fair market value; that if an individual is ineligible for medical assistance due to a transfer penalty, expenses for nursing home services incurred during the penalty period are not allowable medical expenses in calculating an individual's nursing home liability for any month of Medicaid eligibility; that in determining the total, cumulative uncompensated value of assets transferred, transfers made in consecutive months are added together; that for transfers of income-producing real property, $6,000 of the equity value can be transferred without penalty if the transferred property produces at least $360 a year in income; that, in order to establish that a transfer was made exclusively for purposes other than qualifying for medical assistance, the applicant or recipient must submit sufficient evidence to show that the transfer was made exclusively for reasons not related to Medicaid eligibility, estate recovery, or lien.
Amends 405 IAC 1-10.5-2 and 405 IAC 1-10.5-3 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.
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.
Adds 460 IAC 8 concerning providers of assisted living services under the Medicaid waiver authorized by Public Law 100-2000.
Adds 550 IAC 7 concerning the pickup of additional member contributions to a member's annuity savings account.
Amends 550 IAC 2-2-7 regarding the definition of compensation to clarify the treatment of vacation pay.
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, resubmitted for publication, and reprinted at 27 IR 1290.
Temporarily provides appeal procedures for the Department of Local Government Finance, Cole-Layer-Trumble, and the taxpayers of Lake County, Indiana, to follow during the informal appeal process that may be initiated subsequent to taxpayers receiving notice of their 2002 general reassessment. Authority: IC 4-22-2-37.1; IC 6-1.1-4-33(j).
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.
Temporarily adds rules concerning pull-tab game number 012.
Temporarily adds rules concerning scratch-off game number 690.
Temporarily adds rules concerning scratch-off game number 691.
Temporarily adds rules concerning pull-tab game number 014.
Temporarily adds rules concerning pull-tab game number 013.
Adds 65 IAC 4-343 concerning scratch-off game number 715.
Temporarily modifies 312 IAC 9-4-11, governing hunting and possessing wild turkeys, to prohibit the taking of wild turkeys in designated counties.
Temporarily amends 312 IAC 5-6-5, governing special watercraft restrictions on Lake James, to establish new restricted watercraft zones for the channel between Lake James and Snow Lake and for Follett Creek between Big Otter Lake and Snow Lake, waterways in the Lake James Chain of Lakes.
Temporarily modifies 312 IAC 5-7-14, governing the operation of watercraft on the Tippecanoe River in White County and Carroll County, including Lake Shafer and Lake Freeman, to establish a ten-mile-per-hour speed limit on the portion of Lake Shafer and the Tippecanoe River where dredging operations are scheduled to take place within the next twelve months. Repeals LSA Document #03-176(E), which identifies another area of Lake Shafer and the Tippecanoe River where dredging operations occurred in 2003.
Temporarily modifies 312 IAC 5-8-4, which establishes special watercraft restrictions on the LaPorte County waters of Lake Michigan and Trail Creek, to establish a no-boat zone in an unnamed channel along Trail Creek in Michigan City that holds the Blue Chip Casino to help assure public safety while a new casino vessel is constructed on site.
Temporarily modifies the rules governing entomology and plant pathology by establishing a quarantine against Phytophthora ramorum (commonly known as "sudden oak death disease").
Temporarily adds provisions to clarify what provisions apply to persons subject to the permit by rule program established under 326 IAC 2-10. Authority: IC 4-22-2-37.1(a)(14). NOTE: The original emergency document, LSA Document #04-9(E), printed at 27 IR 1608, effective January 8, 2004, expires April 7, 2004.
Temporarily amends 405 IAC 2-3-1.1 regarding the Medicaid penalty for transfers of assets for less than fair market value. Authority: IC 4-22-2-37.1(a)(20); IC 12-8-1-12(c).
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 16 or fewer beds. Authority: IC 4-22-2-37.1; IC 12-17.6-2-11.
Adds 28 IAC to establish information technology accessibility standards for products and services to be procured by state and local governments. Questions and comments may be directed to William Pierce, Systems Consultant, Information Technology Oversight Commission, at (317) 233-2009 or email@example.com. Statutory authority: IC 4-23-16-12.
Adds a new rule to require that manually paid jackpots that exceed a value of $1,199 may not be paid from a pouch or similar method. Adds a new rule that details what must happen in the event that a jackpot is won illegally. Amends the following rules to correct a mistake in an internal cross-reference: 68 IAC 2-7-12, 68 IAC 2-6-49, 68 IAC 5-3-2, 68 IAC 5-3-7, 68 IAC 8-1-11, 68 IAC 8-2-29, 68 IAC 9-4-8, 68 IAC 11-1-8, 68 IAC 12-1-15, 68 IAC 15-1-8, 68 IAC 16-1-16, 68 IAC 17-1-5, 68 IAC 17-2-6, and 68 IAC 18-1-6. Amends 68 IAC 10-1-5 to require that riverboat licensees may not have or display maximum live gaming jackpots. Amends 68 IAC 11-3-1 to provide that the bill validator report shall be generated after the completion of the soft count rather than before the commencement of the soft count. Amends 68 IAC 14-4-8 to provide: (1) that the riverboat licensee shall receive written approval from the commission for all chip destruction, and (2) that the riverboat licensee shall coordinate the movement and shipment of chips to be destroyed with commission agents. Amends 68 IAC 14-5-6 to provide: (1) that the riverboat licensee shall receive written approval from the commission for all token destruction, and (2) that the riverboat licensee shall coordinate the movement and shipment of tokens to be destroyed with commission agents. Amends 68 IAC 15-8-4 to specify the number of electronic gaming devices whose hoppers must be tested quarterly. Amends 68 IAC 15-9 to provide that riverboat licensees shall allow the redemption of chips and tokens by employees at one cage located on the riverboat and one location in the pavilion. Amends 68 IAC 15-10-4.1 to require that cage variances be reported on a form approved by the commission and to require: (1) that the accounting director or designee must investigate all unresolved variances, and (2) the results of the investigation must be documented on the paperwork provided by the cage department. Amends 68 IAC 18-1-2 to: (1) redefine the time frame within which patrons can expect to receive responses to complaints they have made, and (2) change the requirement that patrons must file a copy of their complaints with the riverboat licensee at the same time they file the complaint with the gaming commission. Questions concerning the proposed rule may be directed to the following telephone number: (317) 233-46. Statutory authority: IC 4-33-4-1; IC 4-33-4-2; IC 4-33-4-5.
Amends 68 IAC 1-5-1 to require a riverboat licensee to notify a commission agent and the executive director when the riverboat licensee becomes aware that criminal activity is taking place on riverboat property. Amends 68 IAC 2-3-5(c)(9) to require an applicant to hold a valid merchant marine document only when required by the United States Coast Guard. Amends 68 IAC 2-3-6(1) to eliminate the provision requiring the signature of the executive director on identification badges. Amends 68 IAC 2-3-9 to require occupational licensees to provide truthful information to commission agents and staff during an investigation. Public comments are invited. Questions concerning the proposed rule may be directed to the following number: (317) 233-46. Statutory authority: IC 4-33-4-1; IC 4-33-4-2; IC 4-33-4-5.
Amends 312 IAC 5-6-5, governing special watercraft restrictions on Lake James, to apply to other lakes in the Lake James Chain of Lakes and to add new restricted watercraft zones for the channel between Lake James and Snow Lake and for Follett Creek between Big Otter Lake and Snow Lake. Questions concerning the proposed rule amendments may be directed to the following telephone number: (317) 232-4699 or e-mail firstname.lastname@example.org. Statutory authority: IC 14-10-2-4; IC 14-15-7-3.
Adds a new definition for a "group pier" on a public freshwater lake. Disqualifies a group pier from treatment as a general license. A person seeking to place a group pier would be required to complete the license application procedures of IC 14-26-2 (sometimes referred to as the "Lakes Preservation Act"). Questions or comments may be directed to email@example.com or by telephone at 317-233-3322. Statutory authority: IC 14-10-2-4; IC 14-26-2.
Amends 312 IAC 25-6-31 to remove a requirement that revised blasting schedules be approved by the director before publication while retaining all requirements concerning the contents of the notice. Amends 312 IAC 25-9-5 to require individuals seeking blaster certification who fail the examination three times to retake the training course for certification. Amends 312 IAC 25-9-8 to add continuing education requirements to maintain and to provide that individuals who had certifications that have been expired for more than five years must complete the entire certification and training process as a new applicant. (This subject matter was previously considered in LSA Document #03-169.) Public questions and comments may be sent to the Division of Hearings, Natural Resources Commission, 402 West Washington Street, Room W272, Indianapolis, Indiana 46204, by e-mail at firstname.lastname@example.org, or by telephone at (317) 232-4699. Statutory authority: IC 14-34-2-1.
Amends 405 IAC 6, provisions affecting eligibility and benefits under the Indiana prescription drug program; amends the definition and duration of eligibility and the benefits for enrollees. Statutory authority: IC 12-10-16-5.
Adopt rules to specify a system of civil penalties and other sanctions for a WIC vendor contract under the WIC program or federal regulations under 7 CFR 246. Written comments may be submitted to the Indiana State Department of Health, Community and Family Health Services Commission, 2 North Meridian Street, Indianapolis, Indiana 46204. Statutory authority: IC 16-35-1.5-6.
The rule will establish reporting, monitoring, and prevention procedures for data collected related to symptoms and health syndromes from outbreaks or suspected outbreaks of diseases or other health conditions that may be a danger to public health. Written comments may be submitted to the Indiana State Department of Health, Public Health Preparedness and Emergency Response, 2 North Meridian Street, Indianapolis, Indiana 46204. Statutory authority: IC 16-19-10-5; IC 16-19-10-8.
Amends 511 IAC 1-3-1 to add an additional average daily membership or ADM count to be taken on December 1 for all students and an additional count of students enrolled in special education programs be taken on April 1. Effective 30 days after filing with the secretary of state. Statutory authority: IC 20-1-1-6; IC 21-3-1.6-1.1.
The Department intends to amend 760 IAC 1-50 regarding the number of questions required on an examination, the minimum number of credit hours for a course, and any other items necessary to achieve reciprocity under the National Association of Insurance Commissioners' Continuing Education Reciprocity Initiative. Written comments may be submitted to the Indiana Department of Insurance, Attn: Amy Strati, 311 West Washington Street, Suite 300, Indianapolis, Indiana 46204 or e-mail to email@example.com. Statutory authority: IC 27-1-15.7-4(e); IC 27-1-15.7-7.
Amends 848 IAC 1-1-6 concerning requirements for licensure by examination. Amends 848 IAC 1-1-7 concerning requirements for licensure by endorsement. Repeals 848 IAC 6 concerning the Interstate Nurse Licensure Compact and Multistate License Privileges. Effective 30 days after filing with the secretary of state. Questions or comments concerning the proposed rules may be directed to: Indiana State Board of Nursing, ATTENTION: Kristen Kelley, 402 West Washington Street, Room W066, Indianapolis, IN 46204-2700 or by electronic e-mail at firstname.lastname@example.org. Statutory authority: IC 25-23-1-7; IC 25-23.2.
Amends 872 IAC 1-3-3.3 to revise the requirements for continuing professional education credit granted for college courses. 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 email@example.com. Statutory authority: IC 25-2.1-2-15.
Amends 905 IAC 1-15.2-3 to clarify conditions under which minors may be present in permit premises containing restaurants. 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.
Amends 905 IAC 1-5.2-9.1 and 905 IAC 1-5.2-9.2 to allow for the sampling of beer between wholesalers, retailers, and consumers. 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.
Adds 905 IAC 1-26-3 to provide that the commission may withdraw or modify a letter of extension at any time either before the extension takes effect or during the time period covered by the extension. 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.
Amends 905 IAC 1-40-4 to define what it means to be open to the public within the meaning of the rule. 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.
Adds 905 IAC 1-47.1 to establish rules defining a municipal riverfront development project under IC 7.1-3-20-16 and IC 7.1-3-20-16.1. 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; IC 7.1-3-20-16.1.
Adds 905 IAC 1-48 to establish rules regarding the withdrawal of a consent to transfer a permit after the transfer has been filed with the commission up through and including the local board hearing. 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.
Adds 203 IAC to establish procedures for the investigation, review, determination, and appeal of claims for victim assistance filed with the victim services division of the Indiana criminal justice institute.
Amends 312 IAC 16-5-14 to clarify that an owner or operator must obtain written authorization from the division of oil and gas, department of natural resources, before acting upon a permit change. Amends 312 IAC 17-3, governing geophysical survey operations, to provide that a geophysical survey operation is considered a well for oil and gas purposes for purposes of issuing an emergency permit, to exclude open or cased hole geophysical logs from regulation as a geophysical survey operation, to eliminate the requirement that an operator notify each owner of an occupied dwelling that is located within one mile of a geophysical survey operation, to establish minimum distances from structures for the conduct of a geophysical survey operation with separate standards for those activities that do or do not use an explosive energy source, to clarify that the department of natural resources, division of oil and gas, performs a permit revocation or transfer, and to modify bonding and shothole plugging requirements. Makes other clerical and technical changes.
Amends 407 IAC 3-7-1 to exclude coverage of psychiatric residential treatment facility (PRTF) services for individuals enrolled in the children's health insurance program phase II (Hoosier Healthwise package C). Amends 407 IAC 3-13-1 concerning noncovered services.
Amends 410 IAC 16.2-3.1-2 to require an independent verification of financial status by a certified public accountant and to clarify applicability of the rule. Amends 410 IAC 16.2-5-1.1 to require an independent verification of financial status by a certified public accountant, to clarify applicability of the rule, and to amend the fine.
Adds 410 IAC 16.2-1.1-19.3 to define dining assistant. Amends 410 IAC 16.2-3.1-14 to include dining assistant certificate or letter of completion. Adds 410 IAC 16.2-3.1-53 to establish the dining assistant program in comprehensive and residential facilities. Amends 410 IAC 16.2-5-1.4 to include dining assistant certificate or letter of completion. Adds 410 IAC 16.2-5-13 to establish the dining assistant program in comprehensive and residential facilities.
Amends 511 IAC 6.1-5.1-10.1 to add new courses to the approved list of high school courses in agricultural science.
Amends 511 IAC 6-7-6.5 to make technical corrections. Amends 511 IAC 6.1-5.1, the lists of approved high school courses, by adding new science and social studies courses, deleting certain courses, creating separate course titles for advanced placement and college credit courses, changing foreign language to world language as the title for that course area, and creating a consistent format across course areas.
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.
Adds 760 IAC 1-70 regarding a health maintenance organization's plan for covering outstanding claims in the event the health maintenance organization enters receivership.
Amends 808 IAC 1-3-6 to establish a time for the promoter to provide the commission an acceptable form of security for a match or exhibition. Amends 808 IAC 1-5-1 to address the seats provided by the promoter for the commission and for the judges. Amends 808 IAC 1-5-2 to require an applicant for a promoter's license to execute and file with the commission a bond. Amends 808 IAC 2-1-5 concerning athletic costumes and protective equipment. Amends 808 IAC 2-1-12 to establish the general requirements for female boxers. Amends 808 IAC 2-7-14 to revise the requirements for the discontinuation of a fight following an accidental butt. Amends 808 IAC 2-9-5 to change no decision matches to exhibitions. Amends 808 IAC 2-18-1 to allow the commission to determine the weigh-in time for contestants in main events and exhibitions. Amends 808 IAC 2-22-1 to revise the weight of gloves worn by each contestant for match or exhibition. Repeals 808 IAC 2-8-7.
Adds 808 IAC 2-12-.5, 808 IAC 2-12-2, 808 IAC 2-12-3, 808 IAC 2-12-4, 808 IAC 2-12-5, 808 IAC 2-12-6, 808 IAC 2-12-7, and 808 IAC 2-12-8 to establish the requirements and procedures for prohibited drug testing of licensed contestants.
Amends 844 IAC 10-4-1 concerning mandatory registration; renewal of certified occupational therapists and occupational therapy assistants.
Amends 864 IAC 1.1-2-4 to specify that a senior in an engineering curriculum in a college or university in Indiana may take the last engineering intern examination prior to graduation to facilitate the outsourcing of the administration of examinations for engineering interns. Amends 864 IAC 1.1-12-1 to revise the fee schedule for examination or reexamination to facilitate the outsourcing of the administration of examinations for professional engineers and engineering interns. Adds 864 IAC 1.1-12-2 to establish that the fees for administration and scoring of the fundamentals of engineering examination and principles and practice of engineering examination be paid directly to the examination services.
Amends 865 IAC 1-11-1 to revise the fees schedule for the examination and reexamination to facilitate the outsourcing of the administration of examinations for land surveyors-in-training and land surveyors.
Adds 872 IAC 1-6 to establish the requirements and procedures for a quality review program for CPA and PA firms.
Amends 872 IAC 1-1-6.1 to establish that internships shall not be considered substantial duplication of college course content.
Amends 876 IAC 3-2-7 to establish a fee for licensed and certified appraisers in an amount to fund the investigative fund established by IC 25-34.1-8-7.5.
Adds 876 IAC 2-18 to establish a fee for real estate brokers and salespersons in an amount necessary to fund the investigative fund established by IC 25-34.1-8-7.5.
Amends 905 IAC 1-45-2 and 905 IAC 1-45-3 to clarify the information required to be provided and maintained in the course of the retail sales of beer kegs.
The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to 326 IAC 6-1-12 concerning revisions to the particulate matter emission limitations at Reilly Industries, Inc. 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.
The Indiana Department of Environmental Management (IDEM) has developed draft rule language for new rules to incorporate by reference the National Emission Standards for Hazardous Air Pollutants (NESHAPs) for asphalt processing and asphalt roofing manufacturing; brick and structural clay products manufacturing; clay ceramics manufacturing; coke ovens: pushing, quenching, and battery stacks; engine test cells/stands; hydrochloric acid production; printing, coating, and dyeing of fabrics and other textiles; surface coating of metal furniture; and surface coating of wood building products. 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.
The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to 327 IAC 8-3 and 327 IAC 8-3.4 concerning transient noncommunity public water systems that serve a population of two hundred fifty (250) or less and that use ground water. The proposed amendments would eliminate the requirement for professional engineer certifications on certain plans that are required as part of construction permit application, and the amendment would provide additional alternative technical standards for affected systems. The commissioner would have the option to discontinue an approved alternative standard if the system is not operated in an approved manner or otherwise violates the rule. The commissioner would also be allowed, if requested, to modify a well isolation area if certain conditions are met. In addition to these changes, IDEM proposes to make minor technical corrections to the rule. IDEM seeks comment on the affected citations listed and any other provisions of Title 327 that may be affected by this rulemaking.
The Indiana Department of Environmental Management (IDEM, the department, or we) has developed draft rule language for new rules and amendments to rules in 329 IAC 3.1 and 329 IAC 13 concerning:
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