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Indiana Register - November 1, 2003

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November 1, 2003, Volume 27, Number 2, Pages 445-818 (PDF)
Final Rules
  • Title 10 Office of Attorney General for the State -- #03-101 (WordPerfect) (PDF)

    Adds 10 IAC 1.5-6 to establish filing dates for reports required by holders of property presumed to be abandoned.

  • Title 50 Department of Local Government Finance -- #02-342 (WordPerfect) (PDF)

    Adds 50 IAC 19 to provide uniform procedures necessary to review and assess the real property of an industrial facility located in Lake County, Indiana under IC 6-1.1-8.5.

  • Title 105 Indiana Department of Transportation -- #03-17 (WordPerfect) (PDF)

    Amends 105 IAC 9-1-1 and 105 IAC 9-1-2 concerning prohibited activities on interstate highways, including stopping, standing, parking, pedestrian movement, and certain vehicles and to amend the list of interstate highways in order to delete I-165 and add I-275, I-469, and I-865.

  • Title 312 Natural Resources Commission -- #02-329 (WordPerfect) (PDF)

    Adds 312 IAC 20-5 to assist the historic preservation review board in the administration of the register of Indiana historic sites and historic structures.

  • Title 312 Natural Resources Commission -- #03-12 (WordPerfect) (PDF)

    Amends 312 IAC 20-2 to add definitions for "certificate", "Indiana register", and "National Register". Amends 312 IAC 20-3 to establish minimum periods for review by the division of historic preservation and archaeology and for review by the review board before making a determination regarding the grant, denial, or conditioning of a certificate.

  • Title 312 Natural Resources Commission -- #03-50 (WordPerfect) (PDF)

    Amends 312 IAC 8 that governs public use of DNR properties to make substantive and technical changes. The standards governing the use of firearms and hunting are restructured and simplified. Service animals are distinguished from pets, and parallel regulatory modifications are made. In addition to a property manager, any other authorized DNR employee could allow a person to stay in a campground, for medical reasons, for longer than the ordinary time frames. A clarification is made to when swimming is authorized on lakes located within DNR properties. Amends 312 IAC 9-2-11 to provide that wild animals cannot be hunted or chased at a state historic site.

  • Title 326 Air Pollution Control Board -- #02-189 (WordPerfect) (PDF)

    Amends 326 IAC 23-1, 326 IAC 23-2, 326 IAC 23-3, and 326 IAC 23-4 concerning the licensing of individuals and contractors engaged in lead-based paint and training activities. Adds 326 IAC 23-5 to add work practice standards for nonabatement activities. Repeals 326 IAC 23-1-23, 326 IAC 23-1-37, 326 IAC 23-1-40, 326 IAC 23-1-42, 326 IAC 23-1-43, 326 IAC 23-1-44, 326 IAC 23-1-45, 326 IAC 23-1-46, and 326 IAC 23-1-47.

  • Title 345 Indiana State Board of Animal Health -- #03-9 (WordPerfect) (PDF)

    Amends 345 IAC 1-3-22 to allow a person to move certain dogs and cats into the state with a rabies vaccination administered within three years. Amends 345 IAC 1-5-1 to make clear that an animal vaccinated by a veterinarian licensed in another state is legally vaccinated for rabies in Indiana.

  • Title 440 Division of Mental Health and Addiction -- #03-57 (WordPerfect) (PDF)

    Adds 440 IAC 5.2 to establish standards for the certification and operation of assertive community treatment teams and requirements for community mental health centers.

  • Title 470 Division of Family and Children -- #03-33 (WordPerfect) (PDF)

    Adds 470 IAC 10.2 concerning the determination of financial eligibility and the amount of assistance payments in the Temporary Assistance to Needy Families (TANF) program and sanctions for noncompliance with certain TANF program requirements. Repeals 470 IAC 10.1-3-4, 470 IAC 10.1-3-4.1, and 470 IAC 10.1-3-5.

  • Title 515 Professional Standards Board -- #02-314 (WordPerfect) (PDF)

    Adds 515 IAC 1-7 to define continuing education requirements for the renewal of certain proficient practitioner licenses and for all instructional, school services, instructional supervision, administrative standard, and professional licenses. Repeals 515 IAC 1-3.

  • Title 760 Department of Insurance -- #03-7 (WordPerfect) (PDF)

    Amends 760 IAC 1-57 to include the most recent changes by the National Association of Insurance Commissioners to the Actuarial Opinion and Memorandum Model Regulation.

  • Title 820 State Board of Cosmetology Examiners -- #03-21 (WordPerfect) (PDF)

    Amends 820 IAC 4-1-11 to revise the graduation requirements for a manicurist student in a cosmetology school. Amends 820 IAC 6-1-3 to bring the requirements for the certificate of completion into conformity with the distance learning continuing education requirements and procedures. Adds 820 IAC 6-3 to establish distance learning continuing education requirements and procedures for cosmetology professionals, continuing education educators, and courses.

  • Title 839 Social Worker, Marriage and Family Therapist, and Mental Health Counselor Board -- #02-270 (WordPerfect) (PDF)

    Amends 839 IAC 1-3-2 concerning licensure by examination for social workers and clinical social workers. Amends 839 IAC 1-4-5 concerning supervision for marriage and family therapist applicants. Amends 839 IAC 1-5-1 concerning educational requirements for mental health counselors. Adds 839 IAC 1-5-1.5 concerning experience requirements for mental health counselors.

  • Title 844 Medical Licensing Board of Indiana -- #02-268 (WordPerfect) (PDF)

    Amends 844 IAC 5-1-1 concerning definitions. Amends 844 IAC 5-1-3 concerning disciplinary action. Adds 844 IAC 5-3 concerning appropriate use of the Internet in medical practice. Adds 844 IAC 5-4 concerning prescribing to persons not seen by the physician.

  • Title 845 Board of Podiatric Medicine -- #02-341 (WordPerfect) (PDF)

    Adds 845 IAC 1-5-2.1 concerning reporting of continuing education credit. Repeals 845 IAC 1-5-2.

  • Title 845 Board of Podiatric Medicine -- #03-46 (WordPerfect) (PDF)

    Amends 845 IAC 1-3-1 concerning licensure by endorsement. Amends 845 IAC 1-3-2 concerning licensure by examination. Adds 845 IAC 1-3-3 concerning the definition for progressive graduate podiatric medical training. Amends 845 IAC 1-4.1-1 concerning mandatory renewal. Amends 845 IAC 1-4.1-2 concerning notice for mandatory renewal. Amends 845 IAC 1-4.1-7 concerning inactive status. Amends 845 IAC 1-5-1 concerning continuing education hours required. Amends 845 IAC 1-5-3 concerning approval of continuing education programs. Repeals 845 IAC 1-4.1-4.

  • Title 845 Board of Podiatric Medicine -- #03-47 (WordPerfect) (PDF)

    Adds 845 IAC 1-6-9 concerning fees. Repeals 845 IAC 1-6-8.

  • Title 876 Indiana Real Estate Commission -- #03-23 (WordPerfect) (PDF)

    Amends 876 IAC 3-3-3 to require that the 15 hours of required prelicensing education in Uniform Standards of Professional Appraisal Practice meet the Appraiser Qualification Board requirements for content and instructor qualifications. Amends 876 IAC 3-3-4 to require that the 15 hours of required prelicensing education in Uniform Standards of Professional Appraisal Practice meet the Appraiser Qualification Board requirements for content and instructor qualifications. Amends 876 IAC 3-3-5 to require that the 15 hours of required prelicensing education in Uniform Standards of Professional Appraisal Practice meet the Appraiser Qualification Board requirements for content and instructor qualifications. Amends 876 IAC 3-4-8 to require that the 15 hours of required prelicensing education in Uniform Standards of Professional Appraisal Practice meet the Appraiser Qualification Board requirements for content and instructor qualifications. Adds 876 IAC 3-5-6.1 to require real estate appraiser continuing education course providers teaching the seven hours of required continuing education in Uniform Standards of Professional Appraisal Practice to provide to each of its students a current copy of Uniform Standards of Professional Appraisal Practice and to require real estate appraiser continuing education course providers teaching the four hours of required continuing education in the statutes and administrative rules governing appraisers to provide to each of its students a current copy of the Indiana appraiser license law booklet.

  • Title 880 Speech-Language Pathology and Audiology Board -- #03-53 (WordPerfect) (PDF)

    Adds 880 IAC 1-2.1 concerning definitions; educational requirements for SLP aide I and II; application for registration as an SLP aide I or II; reporting changes in the supervision of an SLP Aide I or II; renewing a registration as an SLP aide I or II; prohibited professional activities; permitted professional activities; supervision of SLP aides I and II; responsibilities of supervisors of SLP aides I and II; and registration of SLP aides previously registered under 880 IAC 1-2. Repeals 880 IAC 1-2.

Errata Notice of Recall Notice of Withdrawal Emergency Rules
  • Title 50 Department of Local Government Finance -- #03-268 (WordPerfect) (PDF)

    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: HEA 1535, P.L.235-2003; IC 4-22-2-37.1.

  • Title 170 Indiana Utility Regulatory Commission -- #03-267 (WordPerfect) (PDF)

    Temporarily amends 170 IAC 7-1.2-10 concerning telephone utilities extension of facilities by removing the requirements for new real estate developments. Authority: IC 4-22-2-37.1. The original emergency document, LSA Document #03-192, printed at 26 IR 3659, effective August 8, 2003, expires October 7, 2003.

  • Title 312 Natural Resources Commission -- #03-242 (WordPerfect) (PDF)

    With the final adoption and approval in LSA Document #03-24(F) of amendments to 312 IAC 5-2-47 defining "waters of concurrent jurisdiction" and to 312 IAC 5-13-2 that governs children wearing personal flotation devices on waters of concurrent jurisdiction, LSA Document #03-28(E) that governs children wearing personal flotation devices on waters of concurrent jurisdiction, as a temporary rule, is repealed.

  • Title 312 Natural Resources Commission -- #03-243 (WordPerfect) (PDF)

    With final adoption and approval in LSA Document #02-318(F) of amendments to 312 IAC 9-6 that regulates fish, LSA Document #02-330(E) that governs the regulation of exotic nuisance species of fish, as a temporary rule, is repealed.

  • Title 405 Office of the Secretary of Family and Social Services -- #03-265 (WordPerfect) (PDF)

    Temporarily amends 405 IAC 2-8-1 to change the definition of "estate" for Medicaid estate recovery purposes. Temporarily amends 405 IAC 2-8-1.1 to change the estate recovery exemption for jointly owned real property. Makes numerous changes to 405 IAC 2-10 concerning liens against the real property of Medicaid recipients in order to conform to P.L.224-2003, SECTIONS 71 through 80. Temporarily adds a provision setting out a procedure for voiding a lien in order to conform to P.L.224-2003, SECTIONS 71 through 80. Temporarily adds a provision exempting property disregarded under the Indiana Long Term Care Insurance Program from lien placement and enforcement. Authority: IC 4-22-2-37.1(a)(20); IC 12-8-1-12(c).

  • Title 405 Office of the Secretary of Family and Social Services -- #03-266 (WordPerfect) (PDF)

    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).

Notice of Rule Adoption
  • Title 405 Office of the Secretary of Family and Social Services -- #03-66 (WordPerfect) (PDF)

Change in Notice of Public Hearing Notice of Intent to Adopt a Rule
  • Title 312 Natural Resources Commission -- #03-269 (WordPerfect) (PDF)

    Adds 312 IAC 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 410 Indiana State Department of Health -- #03-275 (WordPerfect) (PDF)

    Amends rules regulating comprehensive and residential care health facilities to add a definition of cognitive. Amends 410 IAC 16.2-3.1 and 410 IAC 16.2-5 to require additional in-service educational requirements of facility personnel, to require designation of and specify qualifications for a director of an Alzheimer's/dementia special care unit, to require facility to provide resident a copy of the Alzheimer's/dementia care unit disclosure form, and to clarify rules under resident behavior and facility practices, health services, and resident's rights. 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 410 Indiana State Department of Health -- #03-276 (WordPerfect) (PDF)

    Amends 410 IAC 6-12 to add fees for plan review and construction permits. Written comments may be submitted to the Indiana State Department of Health, Health Care Regulatory Services Commission, 2 North Meridian Street, Indianapolis, Indiana 46204. Statutory authority for this proposal is provided under IC 16-19-3-4; IC 16-19-3-5; IC 16-19-5-1.

  • Title 414 Hospital Council -- #03-277 (WordPerfect) (PDF)

    Rules setting licensing and renewal fees for entities operating hospitals or ambulatory outpatient surgery centers. Written comments may be submitted to the Indiana Hospital Council, Attn: Indiana State Department of Health, Health Care Regulatory Services Commission, 2 North Meridian Street, Indianapolis, Indiana 46204. Statutory authority: IC 16-21-2-12; IC 16-21-2-14.

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

    To make a substantive change to the General Administrative Rules, 675 IAC 12, so that portions of Class 1 structures that are classified as A, B, E, and M occupancies may be used for residential purposes for limited periods of time. 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 816 Board of Barber Examiners -- #03-271 (WordPerfect) (PDF)

    The Board of Barber Examiners intends to establish fees for barber and barber instructor licensure. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Attn.: Board Director, 302 West Washington Street, Room E034, Indianapolis, IN 46204-2700 or via e-mail at pla12@pla.state.in.us. Statutory authority: IC 25-1-8-2; IC 25-7-5-14; IC 25-7-5-15; IC 25-7-11-5.

  • Title 820 State Board of Cosmetology Examiners -- #03-272 (WordPerfect) (PDF)

    The State Board of Cosmetology Examiners intends to establish licensure fees for master cosmetology, cosmetology, cosmetology instructor, esthetician, esthetics instructor, electrologist, electrologist instructor, manicurist, and shampoo operator. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Attn.: Board Director, 302 West Washington Street, Room E034, Indianapolis, IN 46204-2700 or via e-mail at pla12@pla.state.in.us. Statutory authority: IC 25-1-8-2; IC 25-1-8-5; IC 25-8-3-23.

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

    Amends 858 IAC 2-1 to revise the electronic prescription monitoring program. 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 46204-2700 or by electronic mail at jbolin@hpb.state.in.us. Statutory authority: IC 35-48-7-12.

  • Title 872 Indiana Board of Accountancy -- #03-270 (WordPerfect) (PDF)

    Establish the requirements and procedures for a quality review program for CPA and PA firms. 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 pla11@pla.state.in.us. Statutory authority: IC 25-2.1-2-15; IC 25-2.1-5-8; IC 25-2.1-5-9.

  • Title 876 Indiana Real Estate Commission -- #03-273 (WordPerfect) (PDF)

    This rule makes changes regarding the licensure of appraisers. Amends 876 IAC 3-2-7 to revise the fee schedule for the application for the issuance of a permit for temporary practice. Require approval of continuing education courses. Establish the criteria for approval of continuing education courses. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, ATTENTION: Commission Director, 302 West Washington Street, Room E012, Indianapolis, IN 46204-2700 or via e-mail at pla9@pla.state.in.us. Statutory authority: IC 25-1-8-2; IC 25-34.1-2-5; IC 25-34.1-3-8; IC 25-34.1-3-9.

  • Title 876 Indiana Real Estate Commission -- #03-274 (WordPerfect) (PDF)

    Establish distance learning continuing education requirements and procedures for real estate salespersons and brokers. Establish the requirements and procedures for distance learning continuing education course sponsors. Allow an approved distance learning education course to be conducted in a facility, which is also used as a broker or salesperson office. Allow instruction for an approved distance learning education course to be more than eight hours of instruction in one day. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, ATTENTION: Commission Director, 302 West Washington Street, Room E012, Indianapolis, IN 46204-2700 or via e-mail at pla9@pla.state.in.us. Statutory authority: IC 25-34.1-2-5; IC 25-34.1-9-21.

  • 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 pursuant to IC 7.1-3-18.5, et seq. This rule would also provide penalties for noncompliance. Questions concerning the proposed rule may be directed to Mark C. Webb, Executive Secretary, at 232-2472. Statutory authority: IC 7.1-3-18.5-4.

  • 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. 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 52 Indiana Board of Tax Review -- #03-259 (WordPerfect) (PDF)

    Adds 52 IAC 4 to establish procedures to govern proceedings before the Indiana board of tax review with respect to appeals for the 2002 assessment year in Lake County.

  • Title 170 Indiana Utility Regulatory Commission -- #03-194 (WordPerfect) (PDF)

    Amends 170 IAC 7-1.2-10 regarding extension of telephone facilities for new real estate developments.

  • Title 312 Natural Resources Commission -- #03-213 (WordPerfect) (PDF)

    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.

  • Title 511 Indiana State Board of Education -- #03-219 (WordPerfect) (PDF)

    Amends the definition of "graduation rate" in 511 IAC 6.1-1-2. Adds 511 IAC 6.2-2.5 and amends 511 IAC 6.2-7-8 to bring the school accountability system into alignment with the federal No Child Left Behind Act of 2001 and, effective for the class of students expected to graduate in the 2005-2006 school year, add a definition of "graduation rate".

  • Title 610 Department of Labor -- #03-252 (WordPerfect) (PDF)

    Amends 610 IAC 4-6-23 to comply with amended federal Occupational Safety and Health Administration requirements for recording and reporting fatalities and multiple hospitalization incidents.

  • Title 610 Department of Labor -- #03-253 (WordPerfect) (PDF)

    Repeals 610 IAC 4-6-13 to comply with the amended federal Occupational Safety and Health Administration requirements for recording and reporting work-related musculoskeletal disorders.

  • Title 840 Indiana State Board of Health Facility Administrators -- #03-189 (WordPerfect) (PDF)

    Amends 840 IAC 1-1-6 concerning the examination for licensure to practice as a health facility administrator.

  • Title 840 Indiana State Board of Health Facility Administrators -- #03-190 (WordPerfect) (PDF)

    Amends 840 IAC 1-2-1 concerning continuing education for renewal of licensure to practice as a health facility administrator.

Readopted Rules AROC Notices IC 13-14-9 Notices
  • Title 326 Air Pollution Control Board -- #03-282 (WordPerfect) (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to rules to 326 IAC 7-4-13 concerning Dearborn County sulfur dioxide 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 -- #03-283 (WordPerfect) (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to rules 326 IAC 18-1 and 326 IAC 18-2 concerning the deletion of training and licensing requirements that apply to solid waste facility operators. The Office of Air Quality is working with the Office of Land Quality to consolidate all training course provider curriculum and landfill management operator licensing requirements to 329 IAC 12. The Office of Land Quality will establish an external work group for interested parties. 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 -- #03-284 (WordPerfect) (PDF)

    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 secondary aluminum; pharmaceuticals production; amino and phenolic resins; polyether polyols production; solvent extraction of vegetable oil; semiconductor manufacturing; and refractory products manufacturing. 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 -- #03-285 (WordPerfect) (PDF)

    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 surface coating of large appliances; surface coating of metal coil; paper and other web coating; flexible polyurethane foam fabrication operations; municipal solid waste landfills; friction materials manufacturing facilities; and polyvinyl chloride and copolymers production. 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 -- #01-249 (WordPerfect) (PDF)

    FISCAL IMPACT STATEMENT

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

    The Indiana Department of Environment Management (IDEM) is soliciting public comment on amendments to rules for certification of solid waste facility operators that would place asbestos certification for solid waste facility operators under the rules promulgated by the Solid Waste Management Board. At this time, these operators must receive certification for managing disposal of asbestos containing material under a training and testing program prescribed by the rules of the Air Pollution Control Board at 326 IAC 18-1 and 326 IAC 18-2. IDEM seeks comment on the affected citations listed and any other provisions of Title 329 that may be affected by this rulemaking.

Nonrule Policy Documents (WordPerfect) (PDF)

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