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Indiana Register - September 1, 2004

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September 1, 2004, Volume 27, Number 12, Pages 3863-4344 (PDF)
Final Rules
  • Title 35 Board of Trustees of the Public Employees' Retirement Fund -- #04-18 (WordPerfect) (PDF)

    Amends 35 IAC 8-1-1, 35 IAC 8-1-2, and 35 IAC 8-2-1 concerning rollover requirements to conform to changes made to the Internal Revenue Code by the federal Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA). Adds 35 IAC 10 to conform to changes made to the Internal Revenue Code by the federal Economic Growth and Tax Relief Reconciliation Act of 2001 and provide enhanced retirement savings opportunities concerning rollovers and service purchases for Fund members. Adds 35 IAC 12 concerning annual compensation limits to conform to changes made to the Internal Revenue Code by EGTRRA.

  • Title 170 Indiana Utility Regulatory Commission -- #03-193 (WordPerfect) (PDF)

    Amends 170 IAC 7-1.1-19 to provide for the use of an electronic letter of agency in authorizing a change in telephone carriers.

  • Title 312 Natural Resources Commission -- #03-215 (WordPerfect) (PDF)

    Amends 312 IAC 10-5, governing general licenses within floodways (with application, as well, to navigable waters under limited circumstances), by restructuring so provisions having universal application to these general licenses are set forth at the beginning of the rule in new 312 IAC 10-5-.3 and 312 IAC 10-5-.6, to allow logjam and obstruction removal activities, from a qualified waterway listed on the Outstanding Rivers List, according to the approval requirements that ordinarily apply to logjam and obstruction removals under a general license, and to place time restrictions on the effectiveness of these general licenses.

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

    Adds 312 IAC 5-12.5, concerning the operation of watercraft and the boat excise tax, to 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.

  • Title 312 Natural Resources Commission -- #04-4 (WordPerfect) (PDF)

    Amends 312 IAC 6-4-3, 312 IAC 8-2-13, and 312 IAC 11-4-1 concerning the construction and maintenance of marinas along or within public waters to clarify that the operators of marinas must maintain functioning watercraft pumpout facilities and to authorize the department's division of law enforcement to exempt marinas that only service watercraft without marine sanitation devices or those with qualified agreements to have pumpout services provided by a nearby marina or similar facility.

  • Title 326 Air Pollution Control Board -- #03-67 (WordPerfect) (PDF)

    Adds 326 IAC 2-2.2 concerning clean unit designations in attainment areas, 326 IAC 2-2.3 concerning pollution control project exclusion procedural requirements in attainment areas, 326 IAC 2-2.4 concerning actuals plantwide applicability limitations in attainment areas, 326 IAC 2-2.6 concerning federal NSR requirements for sources subject to P.L.231-2003, SECTION 6, 326 IAC 2-3.2 concerning clean unit designations in nonattainment areas, 326 IAC 2-3.3 concerning pollution control project exclusion procedural requirements in nonattainment areas, and 326 IAC 2-3.4 concerning actuals plantwide applicability limitations in nonattainment areas. Amends 326 IAC 2-1.1-7 concerning permitting fees, 326 IAC 2-2-1 concerning definitions relating to Prevention of Significant Deterioration (PSD) requirements, 326 IAC 2-2-2 concerning applicability of PSD requirements, 326 IAC 2-2-3 concerning requirements for control technology review, 326 IAC 2-2-4 concerning requirements for an air quality analysis, 326 IAC 2-2-5 concerning requirements relating to an air quality impact, 326 IAC 2-2-6 concerning requirements for increment consumption, 326 IAC 2-2-7 concerning requirements for additional analysis, 326 IAC 2-2-8 concerning source obligations, 326 IAC 2-2-10 concerning source information, 326 IAC 2-3-1 concerning definitions relating to emission offsets, 326 IAC 2-3-2 concerning applicability of emission offsets, 326 IAC 2-3-3 concerning applicable requirements, 326 IAC 2-5.1-4 concerning transition procedures, 326 IAC 2-7-10.5 concerning source modifications relating to Part 70 permits, 326 IAC 2-7-11 concerning administrative permit amendments, and 326 IAC 2-7-12 concerning permit modifications. Repeals 326 IAC 2-2.5.

  • Title 326 Air Pollution Control Board -- #03-332 (WordPerfect) (PDF)

    Readopts 326 IAC 2-10-1 concerning limiting potential to emit. Adds 326 IAC 2-10-2.1, 326 IAC 2-10-3.1, 326 IAC 2-10-4.1, 326 IAC 2-10-5.1, and 326 IAC 2-10-6.1 to allow small sources to operate under a permit by rule.

  • Title 326 Air Pollution Control Board -- #03-333 (WordPerfect) (PDF)

    Amends 326 IAC 2-11-2 and readopts 326 IAC 2-11-1, 326 IAC 2-11-3, and 326 IAC 2-11-4 to allow gasoline dispensing operations, grain elevators, and sources that process mill or grain to operate under a permit by rule. NOTE: IC 4-22-2.5-5 authorizes the governor to postpone, by executive order, the expiration of rules for one year. Executive Order #03-53, issued December 30, 2003, and printed at 27 IR 1663, postpones the expiration of the rules in this document until January 1, 2005.

  • Title 329 Solid Waste Management Board -- #01-288 (WordPerfect) (PDF)

    Adds 329 IAC 10-2-29.5 to be consistent with requirements for conditionally exempt small quantity generators in 329 IAC 3.1. Adds 329 IAC 10-2-135.5 to define petroleum contaminated soil. Adds 329 IAC 10-7.2 to require generators to provide information about their waste when requested by the department. Adds 329 IAC 10-8.2 to retain handling requirements for certain solid wastes. Adds 329 IAC 11-2-19.5 and 329 IAC 11-9-6 to allow solid waste transfer stations to use the insignificant facility modification mechanism. Adds 329 IAC 11-8-2.5 to clarify wastes that transfer stations may accept. Amends 329 IAC 10-2-72.1 to clarify the definition of "final closure". Amends 329 IAC 10-2-130 concerning the definition of "operator". Amends 329 IAC 10-2-32, 329 IAC 10-2-115, 329 IAC 10-2-116, 329 IAC 10-2-117, 329 IAC 10-2-174, 329 IAC 10-5-1, 329 IAC 10-9-4, 329 IAC 10-14-2, 329 IAC 10-20-14.1, 329 IAC 10-28-24, 329 IAC 10-36-19, 329 IAC 11-2-39, 329 IAC 11-8-2, 329 IAC 11-8-3, 329 IAC 11-13-4, 329 IAC 11-13-6, 329 IAC 11-15-1, 329 IAC 11-19-2, 329 IAC 11-19-3, 329 IAC 11-20-1, 329 IAC 11-21-4, 329 IAC 11-21-5, 329 IAC 11-21-6, 329 IAC 11-21-7, 329 IAC 11-21-8, 329 IAC 12-8-4, and 329 IAC 13-3-1 to remove references to special waste and comply with IC 4-22-2-20. Amends 329 IAC 10-2-197.1 to be consistent with 329 IAC 3.1. Amends 329 IAC 10-9-2 to clarify wastes that municipal solid waste landfills may accept. Amends 329 IAC 11-3-2 to be consistent with requirements for conditionally exempt small quantity generators in 329 IAC 3.1. Repeals 329 IAC 10-2-135.1, 329 IAC 10-2-179, 329 IAC 10-2-199.1, 329 IAC 10-2-201.1, 329 IAC 10-7.1, 329 IAC 10-8.1, 329 IAC 10-20-29, 329 IAC 10-28-21, 329 IAC 11-2-44, 329 IAC 11-6-1, and 329 IAC 11-7.

  • 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 345 Indiana State Board of Animal Health -- #04-15 (WordPerfect) (PDF)

    Amends 345 IAC 7-3.5-16 concerning nonambulatory animals at livestock markets. Amends 345 IAC 9-2.1-1 to update matters incorporated by reference including rules related to the control of bovine spongiform encephalopathy (BSE). Adds 345 IAC 9-10.5-2 detailing required procedures for handling carcasses and parts of animals tested for BSE. Makes other changes in the law of meat and poultry inspection and animal disease control.

  • Title 405 Office of the Secretary of Family and Social Services -- #03-134 (WordPerfect) (PDF)

    Amends 405 IAC 2-8-1 to eliminate the exclusion of a life insurance policy and annuity from the definition of "estate" for Medicaid estate recovery purposes. Amends 405 IAC 2-8-1.1 to reduce the estate recovery exemption for jointly-owned real property from $125,000 to $75,000. Amends 405 IAC 2-10-3 to eliminate the prohibition on filing a lien when an individual who provided care to the Medicaid recipient resides in the home. Amends 405 IAC 2-10-7 to provide that a lien expires unless the Office of Medicaid Policy and Planning commences a foreclosure action within two years of the recipient's death. Adds 405 IAC 2-10-7.1 specifying procedures for voiding the lien. Amends 405 IAC 2-10-8 to eliminate the prohibition on enforcement when a recipient is survived by a parent. Amends 405 IAC 2-10-9 to provide that a lien is subordinate to the security interest of a financial institution that loans money to be used as operating capital for a farm, business, or income-producing property. Adds 405 IAC 2-10-11 to specify that property that is disregarded for eligibility purposes in connection with the purchase and use of a qualified long term care insurance policy is exempt from lien placement and enforcement. Repeals 405 IAC 2-10-10 to eliminate the exemption of $125,000 on property subject to a lien.

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

    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.

  • Title 410 Indiana State Department of Health -- #03-275 (WordPerfect) (PDF)

    Amends 410 IAC 16.2-3.1 and 410 IAC 16.2-5, regulating comprehensive and residential care health facilities, by adding a definition of cognitive and to require additional inservice educational requirements of facility personnel, designation of and qualifications for a director of an Alzheimer's and dementia special care unit, facilities to provide a resident a copy of the Alzheimer's and dementia care unit disclosure form, and to clarify rules under resident behavior and facility practices, health services, and resident's rights.

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

    Amends 862 IAC 1-1-3 to modify the experience requirements under IC 25-30-1-8 for a private detective license to address the areas of employment to meet the experience requirement.

  • 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 7.1-3-20-16.1.

Errata Notice of Recall Notice of Withdrawal Emergency Rules
  • Title 65 State Lottery Commission -- #04-201 (WordPerfect) (PDF)

    Adds 65 IAC 4-344 concerning scratch-off game number 662.

  • Title 65 State Lottery Commission -- #04-202 (WordPerfect) (PDF)

    Temporarily adds rules concerning scratch-off game number 720.

  • Title 65 State Lottery Commission -- #04-203 (WordPerfect) (PDF)

    Temporarily adds rules concerning scratch-off game number 721.

  • Title 65 State Lottery Commission -- #04-204 (WordPerfect) (PDF)

    Temporarily adds rules concerning scratch-off game number 722.

  • Title 65 State Lottery Commission -- #04-206 (WordPerfect) (PDF)

    Amends 65 IAC 1-4-1 concerning ethics definitions. Amends 65 IAC 1-4-5 concerning ethics, gifts, and gratuities. Adds 65 IAC 1-4-5.5 concerning contractor ethics restrictions.

  • Title 65 State Lottery Commission -- #04-220 (WordPerfect) (PDF)

    Temporarily adds rules concerning pull-tab game number 018.

  • Title 65 State Lottery Commission -- #04-221 (WordPerfect) (PDF)

    Temporarily adds rules concerning pull-tab game number 019.

  • Title 71 Indiana Horse Racing Commission -- #04-222 (WordPerfect) (PDF)

    Amends 71 IAC 7.5-1-2 concerning procedures.

  • Title 312 Natural Resources Commission -- #04-205 (WordPerfect) (PDF)

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

  • Title 312 Natural Resources Commission -- #04-207 (WordPerfect) (PDF)

    Temporarily modifies the rules governing entomology and plant pathology by establishing a quarantine against Phytophthora ramorum (commonly known as "sudden oak death disease").

  • Title 312 Natural Resources Commission -- #04-223 (WordPerfect) (PDF)

    Temporarily amends 312 IAC 9 to govern noncommercial hunts at Chain O'Lakes State Park, Charlestown State Park, Clifty Falls State Park, Fort Harrison State Park, Harmonie State Park, Indiana Dunes State Park, Lincoln State Park, Ouabache State Park, Pokagon State Park, Potato Creek State Park, Shades State Park, Summit Lake State Park, Tippecanoe River State Park, Turkey Run State Park, Whitewater Memorial State Park, and Twin Swamps Nature Preserve. Under IC 4-22-2-37.1, IC 14-22-2-6, IC 14-10-2-5, and IC 14-22-6-13 (applicable to state parks), the director of the department of natural resources adopts the emergency rule set forth in this document. The emergency rule is adopted with the awareness the regulation of wild animals in Indiana is the responsibility of the department of natural resources, and with a heightened awareness of that responsibility (as well as a responsibility for the welfare of flora and other fauna), within Indiana state parks and dedicated nature preserves. More particularly, based upon the opinion of professional biologists, the director has determined: (A) white-tailed deer have caused, and will continue to cause, obvious and measurable damage to the ecological balance within these properties; and (B) the ecological balance within these properties will not be maintained unless action is taken to control their populations. Examples of damages caused by excessive deer populations include reduction of rare plant species and sampling data that show, more generally, vegetation species disturbance in areas accessible to deer browsing.

Notice of Rule Adoption Notice of Intent to Adopt a Rule
  • Title 55 Department of Commerce -- #04-209 (WordPerfect) (PDF)

    Adds 55 IAC 9 relating to certification procedures and counseling requirements for nonprofit home ownership counselors. Questions or comments may be directed by mail to the Department of Commerce, attn: Deanna Oware, One North Capitol, Suite 600, Indianapolis, IN 46204 or by electronic mail to doware@commerce.state.in.us. Statutory authority: IC 4-4-3-8; P.L.73-2004.

  • Title 207 Coroners Training Board -- #04-231 (WordPerfect) (PDF)

    Adds 207 IAC 2 to establish continuing education requirements. Questions or comments may be directed to Micah J. Cox, Staff Attorney, Coroners Training Board, Indiana Criminal Justice Institute, mcox@cji.state.in.us, (317) 232-7609. Statutory authority: IC 4-23-6.5-7.

  • Title 312 Natural Resources Commission -- #04-208 (WordPerfect) (PDF)

    Amendments to 312 IAC 4-6-6 would reflect the official title of the law enforcement insurance board. Also, would modify the election of insurance board chair as according to the board's bylaws. Questions concerning the proposed rule amendments may be directed to the following telephone number: (317) 232-4699 or e-mail jkane@nrc.IN.gov. Statutory authority: IC 14-9-8-3; IC 14-10-2-4.

  • Title 312 Natural Resources Commission -- #04-210 (WordPerfect) (PDF)

    Amends 312 IAC 5-6 that provides special watercraft restrictions on public freshwater lakes to add a new section 5.5 pertaining to Lake Manitou in Marshall County. A zone is established within a shallow area of the lake containing emergent vegetation and commonly known as "the Prairie". Within the zone, boats are limited to idle speed, their motors must be turned off, and anchoring is prohibited. Questions concerning the proposed new rule section may be directed to the following telephone number: (317) 233-3322 or e-mail: slucas@nrc.in.us. Statutory authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3.

  • Title 312 Natural Resources Commission -- #04-215 (WordPerfect) (PDF)

    Amends 312 IAC 2-4 that governs fishing tournaments and other organized boating activities, to reduce from 90 to 60 days, the minimum period an application must be filed with the department of natural resources before the activity is to occur. Establishes a licensure requirement for fishing tournaments on Sylvan Lake, Noble County. Questions concerning the proposed rule amendments may be directed to the following telephone number: (317) 233-3322 or e-mail: slucas@nrc.IN.gov. Statutory authority: IC 14-10-2-4; IC 14-15-7-3.

  • Title 312 Natural Resources Commission -- #04-232 (WordPerfect) (PDF)

    Amends 312 IAC 9 concerning the sale and possession of endangered species of wildlife in Indiana, hunting deer with bow and arrows, hunting deer with bow and arrows under an extra deer license, and the taking of wild turkeys. Questions concerning the proposed rule amendments may be directed to the following telephone number: (317) 232-4699 or e-mail at jkane@nrc.IN.us. Statutory authority: IC 14-10-2-4; IC 14-22-2-6; IC 14-22-34-7; IC 14-22-34-13.

  • Title 345 Indiana State Board of Animal Health -- #04-211 (WordPerfect) (PDF)

    The rule will add and amend requirements for identification of animals in the state. The rule may address premises and individual animal identification, official identification methods and procedures, assignment and distribution of official identification, identification required to move animals, timing of application of identification, responsibility for identifying animals, records, reports, and other related issues. Effective 30 days after filing with the secretary of state. Submit questions or comments to the Indiana State Board of Animal Health, Attention: Legal Affairs, 805 Beachway Drive, Suite 50, Indianapolis, Indiana 46224, or by electronic mail to ghaynes@boah.state.in.us. Statutory authority: IC 15-2.1-3-19.

  • Title 345 Indiana State Board of Animal Health -- #04-212 (WordPerfect) (PDF)

    The rule will update and amend rules relating to the control of diseases in sheep and goats including the disease scrapie. The proposal may address identification of animals and premises, testing, record keeping, monitoring and surveillance, positive and suspect animals, epidemiology, restrictions on sales and other transfers, and other disease control measures. The proposal may include scrapie certification of animals and flocks. Submit questions or comments to the Indiana State Board of Animal Health, Attention: Legal Affairs, 805 Beachway Drive, Suite 50, Indianapolis, Indiana 46224, or by electronic mail to ghaynes@boah.state.in.us. Statutory authority: IC 15-2.1-3-19.

  • Title 405 Office of the Secretary of Family and Social Services -- #04-219 (WordPerfect) (PDF)

    Amends 405 IAC 1-5-1 to increase the required time providers must retain medical records. Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-21-2.

  • Title 405 Office of the Secretary of Family and Social Services -- #04-230 (WordPerfect) (PDF)

    Amends 405 IAC 1-8 to change the reimbursement methodology for covered outpatient hospital services. The amendments replace the existing outpatient hospital reimbursement methodology with a methodology that groups services that are clinically related and use similar resources into Ambulatory Payment Classifications (APCs). Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-21-2; IC 12-15-21-3.

  • Title 440 Division of Mental Health and Addiction -- #04-229 (WordPerfect) (PDF)

    Amends 440 IAC 7.5 to make clearer the intent of the residential rule 440 IAC 7.5 and to make consistent throughout. The amendment also repeals the $520 limit on the Residential Living Allowance and updates reference to the latest edition of the Life Safety Code used by the State Fire Marshal. Statutory authority: IC 12-8-8-4; IC 12-21-2-8; IC 12-21-5-1.5.

  • Title 511 Indiana State Board of Education -- #04-214 (WordPerfect) (PDF)

    Adds 511 IAC 5-2-4.5 to provide for the use of an alternate assessment based on alternate achievement standards in lieu of ISTEP to determine the proficiency of students with the most significant cognitive disabilities. Statutory authority: IC 20-1-1-6; IC 20-10.1-16-10.

  • Title 675 Fire Prevention and Building Safety Commission -- #04-216 (WordPerfect) (PDF)

    To make numerous substantive and clarifying changes to the 2003 Indiana Building Code, 675 IAC 13-2.4. 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 -- #04-217 (WordPerfect) (PDF)

    To make numerous substantive and clarifying changes to the 2003 Indiana Mechanical Code, 675 IAC 18-1.4. 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 -- #04-218 (WordPerfect) (PDF)

    To make numerous substantive and clarifying changes to the 2003 Indiana Fuel Gas Code, 675 IAC 25-1. 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 -- #04-227 (WordPerfect) (PDF)

    To adopt revised Special Administrative Rules for Industrialized Building Systems and Mobile Structure Systems to replace the current rules in 675 IAC 15-1. 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 22-12-6-6; IC 22-13-2-2; IC 22-13-2-13; IC 22-13-4-2.

  • Title 760 Department of Insurance -- #04-213 (WordPerfect) (PDF)

    The Department intends to promulgate a rule to amend 760 IAC 1-60 regarding physician specialty classes, discounts, and rates for part-time and retired physicians. 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 astrati@doi.state.in.us. Statutory authority: IC 34-18-5-2.

  • Title 812 Indiana Auctioneer Commission -- #04-226 (WordPerfect) (PDF)

    Amends 812 IAC 1-1-5 concerning license fees; 812 IAC 1-1-35 concerning fees charged by the commission; 812 IAC 1-1-42 concerning compliance with IC 26-1-6-107; 812 IAC 1-1-43 concerning violations for professional incompetence; 812 IAC 3-1-1 concerning continuing education requirements; 812 IAC 3-1-6 concerning maintenance of continuing education certificates; 812 IAC 3-1-10 concerning renewal applications; 812 IAC 3-1-11 concerning failure to meet continuing education requirements; 812 IAC 3-1-13 concerning requirements for reinstating an inactive license. Repeals 812 IAC 1-1-36 concerning reconsideration of license after revocation. Questions or comments may be directed by mail to the Indiana Auctioneer Commission, 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 25-6.1-2-5; IC 25-6.1-3-5.

  • Title 828 State Board of Dentistry -- #04-233 (WordPerfect) (PDF)

    Amends 828 IAC 0.5-2-3 concerning fees. Adds 828 IAC 5 concerning requirements for instructor's licenses. Effective 30 days after filing with the secretary of state. Public comments are invited and may be directed to the Indiana State Board of Dentistry, Attention: Director, 402 West Washington Street, Room W066, Indianapolis, Indiana 46204 or by e-mail to smazo@hpb.IN.gov. Statutory authority: IC 25-14-1-13; IC 25-14-1-27.5.

  • Title 876 Indiana Real Estate Commission -- #04-224 (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 wlowhorn@pla.state.in.us. Statutory authority: IC 25-34.1-2-5; IC 25-34.1-9-21.

  • Title 876 Indiana Real Estate Commission -- #04-225 (WordPerfect) (PDF)

    Amends 876 IAC 3-6-2 to incorporate by reference the 2005 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 2005 edition. Questions or comments concerning the proposed rules may be directed to: Indiana Real Estate Commission, 302 West Washington Street, Room E012, Indianapolis, Indiana 46204-2700 or by electronic mail at wlowhorn@pla.IN.gov. Statutory authority: IC 25-34.1-2-5; IC 25-34.1-2-5.1; IC 25-34.1-3-8.

Proposed Rules
  • Title 31 State Personnel Department -- #04-170 (WordPerfect) (PDF)

    Amends 31 IAC 1-9-4 and 31 IAC 2-11-4 to permit the use of sick leave to care for a parent or resident of the employee's household.

  • Title 50 Department of Local Government Finance -- #02-297 (WordPerfect) (PDF)

    Adds 50 IAC 21 to establish standards for annually adjusting the assessed value of real property between reassessments.

  • Title 170 Indiana Utility Regulatory Commission -- #04-144 (WordPerfect) (PDF)

    Adds 170 IAC 4-1.2, 170 IAC 5-1.2, and 170 IAC 6-1.2 to establish new customer service rights and responsibility rules for electric, gas, and water utilities. Amends 170 IAC 7-1.3-2, 170 IAC 7-1.3-3, 170 IAC 7-1.3-8, 170 IAC 7-1.3-9, and 170 IAC 7-1.3-10 regarding telecommunications customer service rights and responsibilities. Amends 170 IAC 8.5-2 regarding sewage disposal service customer rights and responsibilities. Repeals 170 IAC 4-1-15, 170 IAC 4-1-16, 170 IAC 4-1-16.5, 170 IAC 4-1-16.6, 170 IAC 4-1-17, 170 IAC 5-1-15, 170 IAC 5-1-16, 170 IAC 5-1-16.5, 170 IAC 5-1-16.6, 170 IAC 5-1-17, 170 IAC 6-1-15, 170 IAC 6-1-16, and 170 IAC 6-1-17.

  • Title 312 Natural Resources Commission -- #04-94 (WordPerfect) (PDF)

    Adds 312 IAC 11-2-11.5 concerning a new definition for a "group pier" on a public freshwater lake. Amends 312 IAC 11-3-1 to disqualify a group pier from treatment as a general license and to require a person seeking to place a group pier to complete the license application procedures of IC 14-26-2 (sometimes referred to as the "Lakes Preservation Act").

  • Title 312 Natural Resources Commission -- #04-121 (WordPerfect) (PDF)

    Amends 312 IAC 16-3-2 and 312 IAC 16-3-8 to bring rules into compliance with IC 14-37-4-6 regarding the fees associated with the permitting of wells and transfer of permits and to include a requirement that the UTM coordinate location of a proposed well be provided in the application for a well permit.

  • Title 312 Natural Resources Commission -- #04-155 (WordPerfect) (PDF)

    Amends 312 IAC 5-14 governing the inspection, maintenance, and operation of watercraft carrying passengers for hire. Makes numerous substantive and technical changes. Repeals 312 IAC 5-14-5, 312 IAC 5-14-6, and 312 IAC 5-14-26.

  • Title 329 Solid Waste Management Board -- #03-312 (WordPerfect) (PDF)

    Amends 329 IAC 3.1-1-7 to incorporate by reference the July 1, 2003, edition of 40 CFR 60, Appendices A-1 through A-8, 40 CFR 146, and 40 CFR 260 through 40 CFR 270 and 40 CFR 273. Amends 329 IAC 3.1-6-2 to add a federal amendment to the used oil management standards published by the U.S. Environmental Protection Agency on July 30, 2003. Amends 329 IAC 3.1-6-3 to clarify that chemical munitions are acute hazardous wastes. Adds 329 IAC 3.1-7.5 to retain procedures for managing rejected hazardous waste loads currently found in IC 13-22-5-12. Amends 329 IAC 3.1-12-2 to correct the definition of "PCB" and to correct references. Amends 329 IAC 3.1-13-2 to clarify a reference to hazardous waste permits. Amends 329 IAC 13-3-1, adds 329 IAC 13-3-4, and amends 329 IAC 13-9-5 to adopt federal changes to the recycled used oil management standards. Incorporates by reference the July 1, 2003, edition of 40 CFR 60, Appendices A-1 through A-8, 40 CFR 146, and 40 CFR 260 through 40 CFR 270 and 40 CFR 273.

  • Title 345 Indiana State Board of Animal Health -- #04-135 (WordPerfect) (PDF)

    Amends 345 IAC 4-4-1 to update the National Poultry Improvement Plan incorporated by reference. Adds 345 IAC 10-2-5 to require that establishments slaughter poultry within 48 hours after delivery and that certain cages be cleaned and disinfected after each use. Amends 345 IAC 10-2.1-1 to update poultry slaughter and processing requirements incorporated by reference and to prohibit the slaughter of poultry under the retail exemption. Makes other changes in the law of poultry slaughter and processing.

  • Title 345 Indiana State Board of Animal Health -- #04-147 (WordPerfect) (PDF)

    Amends 345 IAC 1-3-7 and 345 IAC 1-3-10 concerning tuberculosis control in animals moved into Indiana. Adds 345 IAC 2.5 to replace 345 IAC 2-4.1 concerning tuberculosis control in cattle, bison, and goats. Amends 345 IAC 7-5-12 concerning exhibition of animals. Makes other changes in the law of tuberculosis control. Repeals 345 IAC 1-3-6.5, 345 IAC 1-3-9, and 345 IAC 2-4.1.

  • Title 760 Department of Insurance -- #04-139 (WordPerfect) (PDF)

    Amends 760 IAC 1-50-3, 760 IAC 1-50-4, and 760 IAC 1-50-5 regarding insurance producer continuing education examinations, credit hours, fees, and documentation.

  • Title 872 Indiana Board of Accountancy -- #04-171 (WordPerfect) (PDF)

    Amends 872 IAC 1-1-6.1 to revise the educational requirements for first time CPA examination candidates to address the semester hours in accounting, business administration, and economics courses at the undergraduate and graduate level.

Readopted Rules AROC Notices IC 13-14-9 Notices
  • Title 326 Air Pollution Control Board -- #04-234 (WordPerfect) (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to 326 IAC 6-1-18 concerning particulate matter emission limitations in St. Joseph County. 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 -- #04-235 (WordPerfect) (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for a new rule to incorporate by reference the National Emission Standards for Hazardous Air Pollutants (NESHAP) for stationary reciprocating internal combustion engines (RICE), and has scheduled a public hearing before the air pollution control board (board) for consideration of preliminary adoption of these rules.

  • Title 326 Air Pollution Control Board -- #04-236 (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 hazardous air pollutants for organic liquid distribution (non-gasoline); miscellaneous organic chemical manufacturing; surface coating of automobiles and light duty trucks; surface coating of metal cans; site remediation; and miscellaneous coating manufacturing and has scheduled a public hearing/meeting before the air pollution control board (board) for consideration of preliminary adoption of these rules.

  • Title 327 Water Pollution Control Board -- #04-13 (WordPerfect) (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to drinking water rules at 327 IAC 8-2, 327 IAC 8-2.1, and 327 IAC 8-2.6 concerning radionuclides, long term 1 enhanced surface water treatment, arsenic, minor corrections to interim enhanced surface water treatment, disinfectants and disinfection byproducts, lead and copper, public notification, and analytical methods for public drinking water systems. 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 327 Water Pollution Control Board -- #04-228 (WordPerfect) (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for new rules 327 IAC 17-1, 327 IAC 17-2, 327 IAC 17-3, and 327 IAC 17-4 concerning wetland activity permits. 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 327 that may be affected by this rulemaking.

Nonrule Policy Documents (WordPerfect) (PDF)

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