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-IR- Database: Indiana Register

Indiana Register - July 1, 2005

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

Disclaimer: The individual documents were created from the files used to produce the official CD-ROM Indiana Register. Access documents in PDF format by clicking on (PDF).

July 1, 2005, Volume 28, Number 10, Pages 2937-3178 (PDF)
Final Rules
  • Title 312 Natural Resources Commission -- #04-127 (PDF)

    Adds 312 IAC 18-3-19 under the article pertaining to entomology and plant pathology to regulate the giant African land snail (Achatina achatina (L.), Achatina fulica Bowdich, Achatina marginata, and other species of the family Achatinidae (Gastropoda)) as a pest or pathogen and to prohibit the possession, sale, release, or other distribution of these snails in Indiana.

  • Title 312 Natural Resources Commission -- #04-177 (PDF)

    Adds 312 IAC 18-3-18 concerning entomology and plant pathology to regulate the emerald ash borer (Agrilus planipennis) as a pest or pathogen, to provide standards for quarantine in a county infested with the species, and to provide standards for quarantine of areas infested with the species.

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

    Adds 312 IAC 5-6-5.5 concerning special watercraft restrictions on public freshwater Lake Manitou in Fulton County to establish a zone within a shallow area of the lake containing emergent vegetation and commonly known as "the Prairie", within which zone boats are limited to idle speed, their motors must be turned off, and anchoring is prohibited.

  • Title 312 Natural Resources Commission -- #04-253 (PDF)

    Amends 312 IAC 9 concerning hunting deer by bow and arrows, hunting deer by bow and arrows under an extra deer license, the taking of wild turkeys, the addition of the mole salamander to the list of amphibians native to Indiana, and amendments to modernize the common and scientific names of several reptiles and amphibians.

  • Title 312 Natural Resources Commission -- #04-270 (PDF)

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

  • Title 326 Air Pollution Control Board -- #00-236 (PDF)

    Amends 326 IAC 7-1.1-1 concerning applicability, 326 IAC 7-1.1-2 concerning sulfur dioxide limitations, and 326 IAC 7-2-1 concerning reporting requirements and methods to determine compliance. Adds 326 IAC 7-4.1 concerning Lake County sulfur dioxide emission limitations. Repeals 326 IAC 7-4-1.1.

  • Title 326 Air Pollution Control Board -- #04-235 (PDF)

    Adds 326 IAC 20-82 to incorporate by reference the national emission standards for hazardous air pollutants for stationary reciprocating internal combustion engines.

  • Title 326 Air Pollution Control Board -- #04-236 (PDF)

    Adds 326 IAC 20-83 through 326 IAC 20-88 to incorporate by reference the National Emission Standards for Hazardous Air Pollutants (NESHAPs) 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.

  • Title 327 Water Pollution Control Board -- #04-228 (PDF)

    Adds 327 IAC 17 concerning state regulated wetlands and wetland activity permits.

  • Title 879 Manufactured Home Installer Licensing Board -- #04-272 (PDF)

    Adds 879 IAC to establish definitions, educational and licensing requirements, license renewal requirements, fees, continuing education requirements, standards for the competent performance of home installers, and a code of ethics.

Notice of Recall
  • Title 515 Advisory Board of the Division of Professional Standards -- #04-197 (PDF)

Notice of Withdrawal
  • Title 327 Water Pollution Control Board -- #01-180 (PDF)

  • Title 511 Indiana State Board of Education -- #04-276 (PDF)

  • Title 760 Department of Insurance -- #05-106 (PDF)

Emergency Rules
  • Title 65 State Lottery Commission -- #05-136 (PDF)

    Amends 65 IAC 5-18-5 concerning prizes in the draw game Indy Racing Experience 2-Seater Raffle.

  • Title 312 Natural Resources Commission -- #05-131 (PDF)

    Temporarily amends 312 IAC 5-10-7, which governs the operation of watercraft on Mississinewa Lake in Miami and Wabash counties. An "idle speed" limit is established on the portion of the lake adjacent to the Mississinewa Road Bridge (also known as the "Red Bridge") where it crosses Mississinewa Lake. The Indiana Department of Transportation is repairing the bridge, and the purpose of the watercraft restriction is to help protect persons and property passing beneath the bridge as those repairs progress.

  • Title 312 Natural Resources Commission -- #05-132 (PDF)

    Temporarily amends 312 IAC 9-4-2 and 312 IAC 9-10-11 to govern the taking of mute swans. Authorizes a person to take mute swans in Indiana without registering with the Harvest Information Program. Authorizes the department to issue a nuisance wild animal control permit to take a mute swan.

  • Title 312 Natural Resources Commission -- #05-135 (PDF)

    Temporarily modifies the size and bag limits for sport fishing on Grouse Ridge Lake in Bartholomew County.

  • Title 312 Natural Resources Commission -- #05-148 (PDF)

    Temporarily amends 312 IAC 18-3-12, which governs the control of larger pine shoot beetles, by adding Dearborn County to the quarantine area.

Change in Notice of Public Hearing
  • Title 326 Air Pollution Control Board -- #04-181 (PDF)

  • Title 329 Solid Waste Management Board -- #05-85 (PDF)

Notice of Intent to Adopt a Rule
  • Title 50 Department of Local Government Finance -- #05-141 (PDF)

    To amend 50 IAC 8 to add provisions for the annual adjustment of the base assessed value in tax increment finance allocation areas and to establish rules for implementation of certified technology park allocation areas under IC 36-7-32. Written comments should be addressed to Michael Dart, General Counsel, Department of Local Government Finance, Indiana Government Center-North, 100 North Senate Avenue, Room N1058(B), Indianapolis, IN 46204. Statutory authority: IC 6-1.1-31-1; IC 36-7-14-39(h); IC 36-7-32-19. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Michael Dart, General Counsel, Department of Local Government Finance, Indiana Government Center-North, 100 North Senate Avenue, Room N1058(B), Indianapolis, IN 46204, (317) 233-166, mdart@dlgf.IN.gov

  • Title 50 Department of Local Government Finance -- #05-142 (PDF)

    Amends the annual adjustment rules, 50 IAC 21, in conformance with IC 6-1.1-4-4.5 (SEA 327-2005). Written comments should be addressed to Michael Dart, General Counsel, Department of Local Government Finance, Indiana Government Center-North, 100 North Senate Avenue, Room N1058(B), Indianapolis, IN 46204. Statutory authority: IC 6-1.1-4-4.5 (P.L.228-2005, SECTION 4 (SEA 327-2005, SECTION 4)); IC 6-1.1-31-1. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Michael Dart, General Counsel, Department of Local Government Finance, Indiana Government Center-North, 100 North Senate Avenue, Room N1058(B), Indianapolis, IN 46204, (317) 233-166, mdart@dlgf.IN.gov

  • Title 50 Department of Local Government Finance -- #05-143 (PDF)

    To adopt rules for the establishment of a uniform and common property tax management system among all counties as prescribed by IC 6-1.1-31.5-3.5(e). Written comments should be addressed to Michael Dart, General Counsel, Department of Local Government Finance, Indiana Government Center-North, 100 North Senate Avenue, Room N1058(B), Indianapolis, IN 46204. Statutory authority: IC 6-1.1-31-1; IC 6-1.1-31.5-3.5(e) (P.L.228-2005, SECTION 26 (SEA 327-2005, SECTION 26)). For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Michael Dart, General Counsel, Department of Local Government Finance, Indiana Government Center-North, 100 North Senate Avenue, Room N1058(B), Indianapolis, IN 46204, (317) 233-166, mdart@dlgf.IN.gov

  • Title 50 Department of Local Government Finance -- #05-144 (PDF)

    To adopt rules to implement the investment deduction established in IC 6-1.1-12.4. Written comments should be addressed to Michael Dart, General Counsel, Department of Local Government Finance, Indiana Government Center-North, 100 North Senate Avenue, Room N1058(B), Indianapolis, IN 46204. Statutory authority: IC 6-1.1-31-1; IC 6-1.1-12.4-13 (P.L.193-2005, SECTION 8 (SEA 1-2005, SECTION 8)). For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Michael Dart, General Counsel, Department of Local Government Finance, Indiana Government Center-North, 100 North Senate Avenue, Room N1058(B), Indianapolis, IN 46204, (317) 233-166, mdart@dlgf.IN.gov

  • Title 105 Indiana Department of Transportation -- #05-161 (PDF)

    Adds 105 IAC 13 to establish a formal procedure for highway improvement projects that involve the relocation of utility facilities in order to reasonably and cost effectively manage the right-of-way of the state highway system by providing for an exchange of timely information and reasonable scheduling. Comments or questions may be directed by mail to Jack A. Riggs, Indiana Department of Transportation, Legal Division, Indiana Government Center-North, 100 North Senate Avenue, Room N730, Indianapolis, IN 46204, by phone at (317) 232-5324, or by electronic mail to jriggs@indot.state.in.us. Statutory authority: IC 8-23-2-5(a)(9); IC 8-23-2-6(a)(10). For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Jack A. Riggs, Indiana Department of Transportation, Indiana Government Center-North, 100 North Senate Avenue, Room N730, Indianapolis, IN 46204, (317) 232-5324, jriggs@indot.state.in.us

  • Title 407 Office of the Children's Health Insurance Program -- #05-155 (PDF)

    Amends 407 IAC 2-2-3 to eliminate the two-year time limit on the collection of past due premiums. Questions or comments concerning the proposed rule may be directed to the Small Business Regulatory Coordinator for the rule. Statutory authority: IC 12-17.6-2-11. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Ann Alley, Director, Office of the Children's Health Insurance Program, Indiana Government Center-South, 402 W. Washington Street, Room W382, Indianapolis, IN 46204, (317) 232-4390, ann.alley@fssa.IN.gov

  • Title 407 Office of the Children's Health Insurance Program -- #05-156 (PDF)

    Amends 407 IAC 2-3-1 to increase the monthly premium amount an individual's family must pay to receive benefits under the program. Questions or comments concerning the proposed rule may be directed to the Small Business Regulatory Coordinator for the rule. Statutory authority: IC 12-17.6-2-11. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Ann Alley, Director, Office of the Children's Health Insurance Program, Indiana Government Center-South, 402 W. Washington Street, Room W382, Indianapolis, IN 46204, (317) 232-4390, ann.alley@fssa.IN.gov

  • Title 760 Department of Insurance -- #05-133 (PDF)

    The Department intends to amend 760 IAC 1-6.2 to set standards for prelicensing and continuing education for bail agents and recovery agents and to otherwise implement IC 27-10-3. 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 27-10-3-21 (as added by P.L.102-2005, SECTION 8). For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Amy Strati, 311 West Washington Street, Suite 300, Indianapolis, IN 46204, (317) 232-243, astrati@doi.state.in.us

  • Title 760 Department of Insurance -- #05-134 (PDF)

    The Department intends to promulgate a rule to set standards for determining whether a purchase or exchange of an annuity is suitable for a senior consumer and to otherwise implement IC 27-4-9. 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 27-4-9-4 (as added by P.L.138-2005, SECTION 2). For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Amy Strati, 311 West Washington Street, Suite 300, Indianapolis, IN 46204, (317) 232-243, astrati@doi.state.in.us

  • Title 804 Board of Registration for Architects and Landscape Architects -- #05-145 (PDF)

    Amends 804 IAC 1.1-3-1 concerning fees for examination, application, issuance, renewal, reinstatement, replacement or duplicate certificates, temporary certificates, verification of certification to another state or jurisdiction, or proctoring. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Attn.: Board Director, Board of Registration for Architects and Landscape Architects, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at pla10@pla.state.in.us. Statutory authority: IC 25-1-8-2; IC 25-1-8-7 (as added by P.L.194-2005, SECTION 6 (SEA 139-2005, SECTION 6)); IC 25-4-1-3; IC 25-4-2-8. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Angela Smith Jones, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, 317-234-3048, ajones@pla.IN.gov

  • Title 808 State Boxing Commission -- #05-151 (PDF)

    Amends 808 IAC 2-6-1 concerning fees. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Attn.: Board Director, State Boxing Commission, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at pla11@pla.state.in.us. Statutory authority: IC 25-1-8-2; IC 25-1-8-7 (as added by P.L.194-2005, SECTION 6 (SEA 139-2005, SECTION 6)); IC 25-9-1-2. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Deborah Widemon, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-3050, dwidemon@pla.IN.gov

  • Title 816 Board of Barber Examiners -- #05-146 (PDF)

    Amends 816 IAC 1-2-11 concerning the use of instructors. Amends 816 IAC 1-3-4 concerning reexamination requirements. Amends 816 IAC 1-3-6 concerning the barber examination. Amends 816 IAC 1-4-1 concerning barber instructors. Adds 816 IAC 1-5 to establish fees for application, issuance, or renewal of barber licenses, barber school licenses, barber instructor licenses, or barber shop licenses; to establish fees for examinations for licensure to practice as a barber instructor or barber; to establish fees for temporary permits; to establish fees for temporary work permits; to establish fees for verification of license status to another state or jurisdiction; and to establish fees for duplicate licenses. Repeals 816 IAC 1-3-1. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Attn.: Board Director, Board of Barber Examiners, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at pla12@pla.state.in.us. Statutory authority: IC 25-1-8-2; IC 25-1-8-7 (as added by P.L.194-2005, SECTION 6 (SEA 139-2005, SECTION 6)); IC 25-7-5-14; IC 25-7-5-15. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Tracy Hicks, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-3052, thicks@pla.IN.gov

  • Title 820 State Board of Cosmetology Examiners -- #05-137 (PDF)

    Amends 820 IAC 5-1-17 concerning the license period for tanning facilities. Amends 820 IAC 5-1-20 concerning license application requirements for tanning facilities. Amends 820 IAC 6-1-2 and 820 IAC 6-1-5 concerning approved cosmetology educators. Adds 820 IAC 7 to establish fees for issuance or renewal of cosmetology school licenses, cosmetology instructor licenses, esthetics instructor licenses, electrology instructor licenses, cosmetology salon licenses, electrology salon licenses, esthetic salon licenses, manicurist salon licenses, cosmetologist licenses, master cosmetologist licenses, electrologist licenses, esthetician licenses, manicurist licenses, and shampoo operator licenses; to establish fees for examinations for licensure to practice as a cosmetology instructor, esthetics instructor, electrology instructor, cosmetologist, master cosmetologist, electrologist, esthetician, manicurist, or shampoo operator; to establish fees for temporary permits; to establish fees for verification of license status to another state or jurisdiction; and to establish fees for issuance and renewal of approval as a cosmetology educator. Repeals 820 IAC 2-2-2. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Attn.: Board Director, State Board of Cosmetology Examiners, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at pla12@pla.state.in.us. Statutory authority: IC 25-1-8-2; IC 25-1-8-7 (as added by P.L.194-2005, SECTION 6 (SEA 139-2005, SECTION 6)); IC 25-8-3-22; IC 25-8-3-23; IC 25-8-15-3; IC 25-8-15-11; IC 25-8-15.4-23; IC 25-8-16-4. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Tracy Hicks, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-3052, thicks@pla.IN.gov

  • Title 856 Indiana Board of Pharmacy -- #05-138 (PDF)

    Adds 856 IAC 1-38 to implement rules based on House Enrolled Act 1098 (P.L.212-2005) to establish standards and procedures to ensure that a pharmacist has entered into a contract that accepts the return of expired drugs with or is subject to a policy that accepts the return of expired drugs of a wholesaler, manufacturer, or agent of a wholesaler or manufacturer. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, ATTENTION: Joshua M. Bolin, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204 or by electronic mail at jbolin@hpb.IN.gov. Statutory authority: IC 25-26-13-4 (as amended by P.L.212-2005, SECTION 22 (HEA 1098-2005, SECTION 22)). For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Joshua Bolin, Indiana Board of Pharmacy, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-2020, jbolin@hpb.IN.gov

  • Title 856 Indiana Board of Pharmacy -- #05-139 (PDF)

    Adds 856 IAC 1-39 to implement rules based on Senate Enrolled Act 206 (P.L.122-2005) to establish the definitions, requirements for the licensure of home medical equipment services providers, license renewal requirements, fees including fees for the application, issuance, and renewal of license, and standards regarding the safety and quality of home medical equipment services. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, ATTENTION: Joshua M. Bolin, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204 or by electronic mail at jbolin@hpb.IN.gov. Statutory authority: IC 25-1-8-2; IC 25-26-21-7 (as added by P.L.122-2005, SECTION 1 (SEA 206-2005, SECTION 1)). For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Joshua Bolin, Indiana Board of Pharmacy, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-2020, jbolin@hpb.IN.gov

  • Title 856 Indiana Board of Pharmacy -- #05-140 (PDF)

    Adds 856 IAC 1-40 to implement rules based on Senate Enrolled Act 590 (P.L.204-2005) to establish definitions, standards, and requirements for electronic transmissions of prescriptions, including addressing the privacy protection for the practitioner and the practitioner's patient, the security of the electronic transmission, a process for approving electronic data intermediaries for the electronic transmission of prescriptions, use of the practitioner's United States Drug Enforcement Administration registration number, and protection of the practitioner from identity theft or fraudulent use of the practitioner's prescribing authority. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, ATTENTION: Joshua M. Bolin, Indiana Government Center-South, 402 West Washington Street, Room W066, Indianapolis, Indiana 46204 or by electronic mail at jbolin@hpb.IN.gov. Statutory authority: IC 25-26-13-4 (as amended by P.L.204-2005, SECTION 15 (SEA 590-2005, SECTION 15)). For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Joshua Bolin, Indiana Board of Pharmacy, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W066, Indianapolis, Indiana 46204, (317) 234-2020, jbolin@hpb.IN.gov

  • Title 860 Indiana Plumbing Commission -- #05-154 (PDF)

    Amends 860 IAC 1-1-2.1 concerning the fee schedule based upon SEA 139 (P.L.194-2005). Amends 860 IAC 1-1-8 concerning the temporary plumbing contractor license. Amends 860 IAC 1-5-9 concerning compliance with other rules and standards by licensees who do plumbing work. Amends 876 IAC 2-1-6 concerning fees for registration as an apprentice plumber based on SEA 139 (P.L.194-2005). Amends 860 IAC 2-1-7 and 860 IAC 2-1-8 concerning the approval and renewal of plumbing apprenticeship programs. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Attn.: Commission Director, Indiana Plumbing Commission, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at pla10@pla.state.in.us. Statutory authority: IC 25-1-8-2; IC 25-1-8-7 (as added by P.L.194-2005, SECTION 6 (SEA 139-2005, SECTION 6)); IC 25-28.5-1-8; IC 25-28.5-1-23; IC 25-28.5-1-38; IC 25-28.5-2-2.1. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Angela Smith Jones, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-3048, ajones@pla.IN.gov

  • Title 862 Private Detectives Licensing Board -- #05-157 (PDF)

    Adds 862 IAC 1-1-11 concerning the fee schedule based upon SEA 139 (P.L.194-2005). Adds 862 IAC 1-1-12 concerning license renewal. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Attn.: Board Director, Private Detectives Licensing Board, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at pla11@pla.state.in.us. Statutory authority: IC 25-1-8-2; IC 25-1-8-7 (as added by P.L.194-2005, SECTION 6 (SEA 139-2005, SECTION 6)); IC 25-30-1-5.5; IC 25-30-1-16; IC 25-30-1-17. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Deborah Widemon, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-3050, dwidemon@pla.IN.gov

  • Title 864 State Board of Registration for Professional Engineers -- #05-162 (PDF)

    Amends 864 IAC 1.1-12-1 concerning fees charged and collected by the board based on SEA 139 (P.L.194-2005). Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Attn.: Board Director, State Board of Registration for Professional Engineers, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at pla10@pla.state.in.us. Statutory authority: IC 25-1-8-2; IC 25-1-8-7 (as added by P.L.194-2005, SECTION 6 (SEA 139-2005, SECTION 6)); IC 25-31-1-7; IC 25-31-1-8. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Angela Smith Jones, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-3048, ajones@pla.IN.gov

  • Title 865 State Board of Registration for Land Surveyors -- #05-163 (PDF)

    Amends 865 IAC 1-11-1 concerning fees charged and collected by the board based on SEA 139 (P.L.194-2005). Amends 865 IAC 1-14-5 and 865 IAC 1-14-6 concerning the expiration and renewal of continuing education course provider approval. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Attn.: Board Director, State Board of Registration for Land Surveyors, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at pla10@pla.state.in.us. Statutory authority: IC 25-1-8-2; IC 25-1-8-7 (as added by P.L.194-2005, SECTION 6 (SEA 139-2005, SECTION 6)); IC 25-21.5-2-14; IC 25-21.5-8-7. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Angela Smith Jones, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-3048, ajones@pla.IN.gov

  • Title 872 Indiana Board of Accountancy -- #05-164 (PDF)

    Amends 872 IAC 1-1-10 concerning application and fees based on SEA 139 (P.L.194-2005). Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Attn.: Board Director, Indiana Board of Accountancy, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at pla11@pla.state.in.us. Statutory authority: IC 25-1-8-2; IC 25-1-8-7 (as added by P.L.194-2005, SECTION 6 (SEA 139-2005, SECTION 6)); IC 25-2.1-2-15. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Deborah Widemon Indiana Professional Licensing Agency Indiana Government Center-South 402 West Washington Street, Room W072 Indianapolis, Indiana 46204 (317) 234-3050 dwidemon@pla.IN.gov

  • Title 876 Indiana Real Estate Commission -- #05-149 (PDF)

    Amends 876 IAC 2-1-8 and 876 IAC 2-2-9 concerning application and content for prelicensing real estate school approval and renewal of a broker or salesperson course as required by IC 25-34.1-5. Amends 876 IAC 2-18-1 concerning the fee schedule based on SEA 139 (P.L.194-2005). Amends 876 IAC 4-1-1, 876 IAC 4-1-2, and 876 IAC 4-1-5 concerning the application and content for real estate continuing education course sponsors approval and renewal. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Attn.: Commission Director, Indiana Real Estate Commission, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at pla9@pla.state.in.us. Statutory authority: IC 25-1-8-2; IC 25-1-8-7 (as added by P.L.194-2005, SECTION 6 (SEA 139-2005, SECTION 6)); IC 25-34.1-2-5; IC 25-34.1-9-21. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Nicholas Rhoad, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-3046, nrhoad@pla.IN.gov

  • Title 876 Indiana Real Estate Commission -- #05-150 (PDF)

    This rule makes changes regarding licensure of appraisers. Amends 876 IAC 3-2-5 concerning reinstatement of an expired license based on SEA 139 (P.L.194-2005). Amends 876 IAC 3-2-7 concerning the fee schedule based on SEA 139 (P.L.194-2005). Amends 876 IAC 3-4-2 and 876 IAC 3-4-4 concerning application and content for prelicensing real estate appraiser course provider approval and renewal as required by IC 25-34.1-8-13 and IC 25-34.1-8-14. Amends 876 IAC 3-5-2 and 876 IAC 3-5-4 concerning application and content for real estate appraiser continuing education course provider approval and renewal. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Attn.: Board Director, Indiana Real Estate Commission, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at pla9@pla.state.in.us. Statutory authority: IC 25-1-8-2; IC 25-1-8-7 (as added by P.L.194-2005, SECTION 6 (SEA 139-2005, SECTION 6)); IC 25-34.1-3-8; IC 25-34.1-3-9. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Nicholas Rhoad, Indiana Professional Licensing Agency, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204, (317) 234-3046, nrhoad@pla.IN.gov

Proposed Rules
  • Title 312 Natural Resources Commission -- #05-57 (PDF)

    Amends 312 IAC 3-1-9, which governs defaults, dismissals, and uncontested orders, to authorize the administrative law judge to issue a final order where the parties have tendered an agreed order or where the administrative law judge has issued a nonfinal order, which was subject to written objections, but for which no party filed objections, and allows the secretary of the commission to serve written notice of the intent to review any nonfinal order.

  • Title 326 Air Pollution Control Board -- #04-278 (PDF)

    Amends 326 IAC 6.8-2-4 (formerly 326 IAC 6-1-10.1) concerning particulate matter emission limitations (PM10) for coil manufacturing processes at ASF-Keystone, Inc., located in Hammond, Indiana.

  • Title 326 Air Pollution Control Board -- #05-79 (PDF)

    Amends 326 IAC 1-2-33.5, 326 IAC 1-2-48, and 326 IAC 1-2-90 for the purpose of incorporating by reference federal exclusions of volatile organic compounds (VOCs) and federally delisted hazardous air pollutants (HAPs) from their current corresponding definitions.

  • Title 326 Air Pollution Control Board -- #05-80 (PDF)

    Amends 326 IAC 19-2-1 by incorporating by reference 69 FR 40072 for the purpose of updating the transportation conformity rules.

  • Title 710 Securities Division -- #05-46 (PDF)

    Amends 710 IAC 1-14-6 to remove the requirement that a branch office must be located no more than 40 miles from an office of supervisory jurisdiction and to establish new procedures for regulating these branch offices.

  • Title 710 Securities Division -- #05-81 (PDF)

    Adds 710 IAC 1-22 to establish definitions, phrases, and standards for loan brokers.

  • Title 760 Department of Insurance -- #05-5 (PDF)

    Amends 760 IAC 3-1, 760 IAC 3-2, 760 IAC 3-4 through 760 IAC 3-9, 760 IAC 3-11, 760 IAC 3-12, 760 IAC 3-14, 760 IAC 3-15, and 760 IAC 3-18 to implement updates to the National Association of Insurance Commissioner model Medicare supplement insurance minimum standards model act. NOTE: LSA Document #05-5, printed at 28 IR 2425, was resubmitted for publication.

  • Title 760 Department of Insurance -- #05-26 (PDF)

    Adds 760 IAC 1-71 regarding the costs that can be charged for providing copies of medical records. NOTE: LSA Document #05-26, printed at 28 IR 2456, was resubmitted for publication.

  • Title 820 State Board of Cosmetology Examiners -- #05-68 (PDF)

    Amends 820 IAC 4-1-7 to require cosmetology schools to retain records that include the final practical demonstration examination grades. Amends 820 IAC 4-1-9 to require cosmetology schools to include in student records each student's final practical demonstration examination grades. Amends 820 IAC 4-1-11 to revise the definition of graduation from a cosmetology school to require that students must take and pass a final practical demonstration examination that addresses the acts that are permitted by license. Amends 820 IAC 4-1-12 to require cosmetology schools to provide the final practical demonstration examination grades on a student's application for licensure. Amends 820 IAC 4-4-8 to establish the requirements and procedures for cosmetology schools to administer the final practical demonstration examination for students. Adds 820 IAC 4-4-8.1 to establish the content of the final practical demonstration examinations administered by cosmetology schools.

  • Title 856 Indiana Board of Pharmacy -- #05-42 (PDF)

    Adds 856 IAC 1-37 to establish the definitions, standards, and requirements for centralized processing services of prescriptions and drug orders.

  • Title 857 Indiana Optometric Legend Drug Prescription Advisory Committee -- #05-43 (PDF)

    Amends 857 IAC 1-2-3 to revise the requirements for sponsoring organizations to obtain continuing education course approval. Amends 857 IAC 1-3-2 and 857 IAC 1-3-3 to revise the continuing education requirements to obtain an Indiana optometric legend drug certificate under IC 25-26-15-16(2) and to renew a certificate under IC 25-26-15-18.

Readopted Rules
  • Title 20 State Board of Accounts -- #05-147 (PDF)

  • Title 260 State Department of Toxicology -- #05-152 (PDF)

  • Title 357 Indiana Pesticide Review Board -- #05-171 (PDF)

  • Title 910 Civil Rights Commission -- #05-153 (PDF)

  • Title 305 Indiana Board of Licensure for Professional Geologists -- #05-60(P) (PDF)

  • Title 675 Fire Prevention and Building Safety Commission -- #05-3(P) (PDF)

  • Title 511 Indiana State Board of Education -- #05-15(F) (PDF)

IC 13-14-9 Notices
  • Title 326 Air Pollution Control Board -- #04-182 (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for a new rule 326 IAC 3-8 concerning compliance assurance monitoring. 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 -- #05-165 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to 326 IAC 8-3 concerning organic solvent degreasers in nine (9) ozone nonattainment counties in Central Indiana. 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 -- #05-166 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on new rule 326 IAC 8-5-6 concerning volatile organic compound (VOC) emissions from fiber reinforced plastic manufacturers. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking.

  • Title 329 Solid Waste Management Board -- #05-167 (PDF)

    Amends 329 IAC 10-39 on financial assurance mechanisms to clarify that only a trust fund can be funded annually and that the annual payments can only be for the duration of the initial permit or over the remaining life of the facility, whichever is shorter. The trust fund must be fully funded at the time of permit renewal. Amends 329 IAC 10-39-2(c) to change the date the annual financial review is submitted from the anniversary of the permit to a set date of February 15 each year. This is the date the annual flyover results must be submitted.

  • Title 329 Solid Waste Management Board -- #05-168 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on new rules and amendments to rules in 329 IAC 15 concerning the following:

Governor's Actions (PDF)
    Nonrule Policy Documents (PDF)