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-IR- Database: Indiana Register

Indiana Register - June 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).

June 1, 2005, Volume 28, Number 9, Pages 2655-2936 (PDF)
Final Rules
  • Title 312 Natural Resources Commission -- #04-157 (PDF)

    Amends 312 IAC 11-2-5 to define specific seawall types that are recognized as bulkhead seawalls and include criteria for determining when a timber seawall qualifies as a bulkhead seawall.

  • Title 312 Natural Resources Commission -- #04-263 (PDF)

    Amends 312 IAC 3-1-7, which governs the filing and service of pleadings and documents with the natural resources commission under IC 4-21.5, to conform the rule section to IC 4-21.5 with respect to private carriers, to authorize filing and service to be made by U.S. priority or express mail, and to recognize notice and service by publication. Makes other technical changes.

  • Title 329 Solid Waste Management Board -- #03-312 (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.

  • Title 329 Solid Waste Management Board -- #04-256 (PDF)

    Amends 329 IAC 10-2-112 and adds 329 IAC 10-11-6.5 concerning a minor modification to a municipal solid waste landfill permit for research, development, and demonstration and to incorporate federal language, with minor wording changes, into the Indiana rules.

  • Title 345 Indiana State Board of Animal Health -- #04-147 (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 460 Division of Disability, Aging, and Rehabilitative Services -- #04-136 (PDF)

    Adds 460 IAC 1-11 to provide for the posting of notices at housing with services establishments, area agencies on aging, and centers for independent living that advise residents of their rights, and for procedures for residents and their representatives to file complaints concerning violations of filing disclosure requirements.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #04-199 (PDF)

    Amends 460 IAC 1-8-3 to add to the list of those who are precluded from providing attendant care services. Adds 460 IAC 1-8-11 through 460 IAC 1-8-13 regarding the hire of a fiscal agent by an individual in need of self-directed in-home care who has hired a personal services attendant, including duties, methods of payment for a personal services attendant and fiscal agent, and record keeping requirements.

  • Title 511 Indiana State Board of Education -- #04-214 (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.

  • Title 655 Board of Firefighting Personnel Standards and Education -- #04-138 (PDF)

    Amends 655 IAC 1-1-5.1, 655 IAC 1-2.1, and 655 IAC 1-4-2 to amend general administrative rules and certification programs and certifications, to update certain National Fire Protection Association Standards, to amend the mandatory training program and the mandatory training requirements, and to make conforming section changes.

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

    Amends 828 IAC 0.5-2-3 concerning fees. Adds 828 IAC 5 concerning requirements for instructor's licenses.

  • Title 845 Board of Podiatric Medicine -- #04-134 (PDF)

    Amends 845 IAC 1-5-3 to revise the list of board-approved continuing education programs.

  • Title 876 Indiana Real Estate Commission -- #04-225 (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.

  • Title 878 Home Inspectors Licensing Board -- #04-191 (PDF)

    Adds 878 IAC concerning definitions, minimum standards of competent performance, a code of ethics, fees, licensure requirements, prelicensing course providers, and continuing education.

Notice of Withdrawal
  • Title 170 Indiana Utility Regulatory Commission -- #04-144 (PDF)

  • Title 327 Water Pollution Control Board -- #04-293 (PDF)

  • Title 675 Fire Prevention and Building Safety Commission -- #04-323 (PDF)

  • Title 876 Indiana Real Estate Commission -- #05-48 (PDF)

Emergency Rules
  • Title 65 State Lottery Commission -- #05-83 (PDF)

    Adds 65 IAC 5-17 concerning the draw game Hoosier Lottery TV Bingo.

  • Title 65 State Lottery Commission -- #05-87 (PDF)

    Adds 65 IAC 4-356 concerning scratch-off game number 765.

  • Title 65 State Lottery Commission -- #05-88 (PDF)

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

  • Title 65 State Lottery Commission -- #05-96 (PDF)

    Temporarily adds rules concerning scratch-off game number 757.

  • Title 65 State Lottery Commission -- #05-97 (PDF)

    Temporarily adds rules concerning instant game number 758.

  • Title 65 State Lottery Commission -- #05-98 (PDF)

    Temporarily adds rules concerning instant game number 756.

  • Title 68 Indiana Gaming Commission -- #05-84 (PDF)

    Temporarily adds a new rule to determine the graduated wagering tax by a new licensed owner or operating agent following a transfer of controlling interest in an owner's license or operating agent contract. Authority: IC 4-33-4-1; IC 4-33-4-2; IC 4-33-4-3; IC 4-33-4-21; IC 4-33-13-1.5.

  • Title 71 Indiana Horse Racing Commission -- #05-115 (PDF)

    Amends 71 IAC 3-2-9 concerning the judge's list. Amends 71 IAC 3-3-11 concerning cancellation of a race. Amends 71 IAC 3-4-1 concerning general authority. Amends 71 IAC 3-11-1 concerning general authority. Amends 71 IAC 5-3-1 concerning eligibility. Amends 71 IAC 6-1-3 concerning claiming procedure. Adds 71 IAC 6-1-4 concerning excusing claimed horse. Amends 71 IAC 7-1-29 concerning declaration to start and drawing horses. Amends 71 IAC 7-3-7 concerning driving rules. Amends 71 IAC 7-3-13 concerning whip restriction. Amends 71 IAC 7-3-18 concerning time for lapped on breaks. Amends 71 IAC 7-3-29 concerning horse also suspended. Adds 71 IAC 7-3-36 concerning equipment presentation. Amends 71 IAC 7-5-1 concerning disorderly conduct; all licensees. Amends 71 IAC 7-5-2 concerning improper language. Amends 71 IAC 13.5-3-3 concerning out-of-state breeder's awards. Repeals 71 IAC 3-7-3 concerning recommend disciplinary action.

Notice of Rule Adoption
  • Title 405 Office of the Secretary of Family and Social Services -- #04-319 (PDF)

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

Notice of Intent to Adopt a Rule
  • Title 25 Indiana Department of Administration -- #05-122 (PDF)

    To establish rules to regulate (1) the traffic and parking of motor vehicles, bicycles, or other vehicles; and (2) the traffic of pedestrians on the streets, roads, paths, and grounds of real property controlled by the state through the department in and around the state capitol, office buildings, parking garages, and adjoining state controlled property. Written comments may be submitted to the Indiana Department of Administration, attn: Kevin Ober, Indiana Government Center-South, 402 West Washington Street, Room W479, Indianapolis, Indiana 46204. Statutory authority: IC 4-13-1-7; IC 4-20.5-6-8.

  • Title 25 Indiana Department of Administration -- #05-123 (PDF)

    To establish rules regulating the registration and conduct of executive branch lobbyists. Written comments may be submitted to the Indiana Department of Administration, attn: General Counsel, Indiana Government Center-South, 402 West Washington Street, Room W479, Indianapolis, Indiana 46204. Statutory authority: IC 4-2-7 (HEA 1501-2005, SECTION 14); IC 4-13-1-4.2 (HEA 1501-2005, SECTION 16); IC 4-13-1-7.

  • Title 25 Indiana Department of Administration -- #05-129 (PDF)

    To adopt rules to establish and implement a "Code Adam" safety protocol at the buildings that the department maintains, equips, or operates and that are open to the public. The rules will include procedures for a state employee to follow when a parent, teacher, or guardian notifies a state employee that a child is lost or missing, procedures for the department contact person to follow after being notified of a lost or missing child, and procedures for department employees to search the building in which the lost or missing child is presumed to be located. Written comments may be submitted to the Indiana Department of Administration, attn: Kevin Ober, Indiana Government Center-South, 402 West Washington Street, Room W479, Indianapolis, Indiana 46204. Statutory authority: IC 4-13-1-4(16) (SEA 12-2005, SECTION 1); IC 4-13-1-7; IC 4-20.5-6-9 (SEA 12-2005, SECTION 2).

  • Title 42 Office of the Inspector General -- #05-124 (PDF)

    To adopt rules establishing and implementing a code of ethics for the conduct of state business. Written comments are invited and should be addressed to Office of the Inspector General, Indiana Government Center-South, 402 West Washington Street, Room W198, Indianapolis, IN 46204. Statutory authority: IC 4-2-7-3 (HEA 1501-2005, SECTION 14); IC 4-2-7-5 (HEA 1501-2005, SECTION 14).

  • Title 68 Indiana Gaming Commission -- #05-107 (PDF)

    Adds a new rule to specify how the graduated wagering tax rate will be calculated for a licensed owner or operating agent following a transfer of a controlling interest in an owner's license or operating agent contract. Public comments are invited. Questions concerning the rule may be directed to the following telephone number: (317) 233-46 or e-mailed to psicuso@igc.state.in.us. Statutory authority: IC 4-33-4-1; IC 4-33-4-2; IC 4-33-4-3; IC 4-33-4-5; IC 4-33-4-21; IC 4-33-13-1.5.

  • Title 170 Indiana Utility Regulatory Commission -- #05-100 (PDF)

    Amends 170 IAC 5-1-15 and 170 IAC 5-1-16 regarding customer deposits, service disconnections, and reconnections for gas utilities. Effective 30 days after filing with the Secretary of State. Questions concerning the proposed rule may be addressed to the following telephone number: (317) 232-6735. Statutory authority: IC 8-1-1-3(g).

  • Title 170 Indiana Utility Regulatory Commission -- #05-130 (PDF)

    Amends 170 IAC 4-4.1 and 170 IAC 4-4.2 regarding cogeneration, alternate energy production facilities, and net metering. Adds 170 IAC 4-4.3 concerning interconnection standards between a public utility and a customer-generator facility. Effective 30 days after filing with the secretary of state. Statutory authority: IC 8-1-1-3(g).

  • Title 312 Natural Resources Commission -- #05-99 (PDF)

    Repeals 312 IAC 17-3 that governs the regulation of geophysical surveying operations because the statutory authority for the rule was repealed by SEA 442. Questions concerning the proposed rule repeal may be directed to (317) 233-3322 or slucas@nrc.in.gov. Statutory authority: IC 14-10-2-4; IC 14-37-3-14.

  • Title 312 Natural Resources Commission -- #05-125 (PDF)

    Amends 312 IAC 25 that assists in the administration of IC 14-34 (sometimes referred to as the "Indiana Surface Control and Reclamation Act" or "Indiana SMCRA") and that governs surface coal mining and reclamation activities. Amends 312 IAC 25-4-102 to require an applicant that proposes to establish commercial forest resources on prime farmland to submit for approval a commercial forest planting plan, commercial forest management plan, and documentation of landowner consent. Amends 312 IAC 25-6-143 to allow commercial forest resources on reclaimed prime farmland provided soil productivity is demonstrated according to soil productivity standards. Public questions and comments may be sent to the Division of Hearings, Natural Resources Commission, 402 West Washington Street, Room W272, Indianapolis, Indiana 46204, by e-mail at jkane@nrc.in.gov, or by telephone at (317) 232-4699. Statutory authority: IC 14-10-2-4; IC 14-34-2.

  • Title 312 Natural Resources Commission -- #05-126 (PDF)

    Amends 312 IAC 25 that assists in the administration of IC 14-34 (sometimes referred to as the "Indiana Surface Control and Reclamation Act" or "Indiana SMCRA") and that governs surface coal mining and reclamation activities. Makes numerous changes to help assure conformance with state and federal law. Qualifies approved reclamation projects financed with less than 50 percent federal funding as "government-financed construction". Removes the requirement for submittal of an application for water impoundments of less than 100-acre feet. Adds a provision allowing the director of the department of natural resources to initiate an application for bond release. Clarifies the conduct of informal conferences regarding proposed bond release. Exempts impoundments that are entirely contained within an incised structure from examination requirements. Clarifies requirements for construction or reconstruction of primary roads. Clarifies the definition of "abandoned site" as used in 312 IAC 25-7-1. Public questions and comments may be sent to the Division of Hearings, Natural Resources Commission, 402 West Washington Street, Room W272, Indianapolis, Indiana 46204, by e-mail at jkane@nrc.in.gov, or by telephone at (317) 232-4699. Statutory authority: IC 14-10-2-4; IC 14-34-2.

  • Title 345 Indiana State Board of Animal Health -- #05-90 (PDF)

    The rule will update and amend the animal rabies control program including matters incorporated by reference. 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 -- #05-121 (PDF)

    The rules will prescribe procedures for condemnation, indemnity and disposition of animals and objects, euthanasia of animals and destruction of objects, and cleaning and disinfecting to prevent, detect, control, and eradicate diseases and pests of animals. Effective 30 days after filing with the secretary of state. Submit questions or comments to the Indiana State Board of Animal Health, Attn: Legal Affairs, 805 Beachway Drive, Suite 50, Indianapolis, Indiana 46224 or by electronic mail to ghaynes@boah.in.gov. Statutory authority: IC 15-2.1-3-19.

  • Title 405 Office of the Secretary of Family and Social Services -- #05-109 (PDF)

    Amends 405 IAC 5-14 to place limitations on dental services for adults that are in accordance with HEA 1001-2005, SECTION 239. Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-21-2; IC 12-15-21-3.

  • Title 405 Office of the Secretary of Family and Social Services -- #05-110 (PDF)

    Amends 405 IAC 5-24 to place limitations on where recipients can obtain maintenance medications that are in accordance with HEA 1001-2005, SECTION 105. 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 -- #05-111 (PDF)

    Adds provisions to permit the office of Medicaid policy and planning to collect an assessment on service revenue of providers of community based services in accordance with HEA 1001-2005, SECTION 101. Statutory authority: IC 12-8-6-5; IC 12-15-1-10.

  • Title 405 Office of the Secretary of Family and Social Services -- #05-112 (PDF)

    Amends 405 IAC 1-14.6 to add provisions to assess a quality assessment fee on nursing facility providers for the purpose of funding enhanced nursing facility reimbursement. Adds provisions for additional reimbursement for closing or converting nursing facilities. 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 -- #05-113 (PDF)

    Amends 405 IAC 1-12 to revise reimbursement methodology to place limitations on increases in payment for services provided to Medicaid recipients by duly certified nonstate owned and operated intermediate care facilities for the mentally retarded (ICF/MR) and community residential facilities for the developmentally disabled (CRF/DD). Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-21-2; IC 12-15-21-3.

  • Title 405 Office of the Secretary of Family and Social Services -- #05-114 (PDF)

    Amends 405 IAC 1-14.5 and 405 IAC 1-14.6 to revise reimbursement methodology to place limitations on increases in payment for services provided to Medicaid recipients by duly certified nursing facilities. Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-21-2; IC 12-15-21-3.

  • Title 410 Indiana State Department of Health -- #05-93 (PDF)

    Adopt rules pertaining to the operation and management of birthing centers as well as establishing minimum licensing qualifications and establishing requirements for sanitation standards, staff qualifications, necessary emergency equipment, procedures to provide emergency care, quality assurance standards, and infection control. The rules will prescribe the operating policies, supervision, and maintenance of medical records. The rules will establish procedures for the issuance, renewal, denial, and revocation of licenses while addressing the form and content of the license and the collection of an annual license fee. The procedures and standards for inspections will also be addressed. 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: IC 16-21-1-7; IC 16-21-2-2.5.

  • Title 410 Indiana State Department of Health -- #05-94 (PDF)

    Adopt rules pertaining to the operation and management of abortion clinics as well as establishing minimum licensing qualifications and establishing requirements for sanitation standards, staff qualifications, necessary emergency equipment, procedures to provide emergency care, quality assurance standards, and infection control. The rules will prescribe the operating policies, supervision, and maintenance of medical records. The rules will establish procedures for the issuance, renewal, denial, and revocation of licenses while addressing the form and content of the license and the collection of an annual license fee. The procedures and standards for inspections will also be addressed. 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: IC 16-21-1-7; IC 16-21-2-2.5.

  • Title 414 Hospital Council -- #05-95 (PDF)

    Adopt rules to establish licensing fees for abortion clinics and birthing centers. Written comments may be submitted to the Secretary, Indiana Hospital Council, Indiana State Department of Health, 2 North Meridian Street, Indianapolis, Indiana 46204. Statutory authority: IC 16-21-2-12; IC 16-21-2-14.

  • Title 440 Division of Mental Health and Addiction -- #05-120 (PDF)

    Add rules to 440 IAC 4.4 to make clearer the requirements for the certification of methadone treatment programs and the operation of the Methadone Diversion Control and Oversight Program to identify individuals who divert controlled substances from legitimate treatment use and to terminate methadone treatment of those individuals. Questions or comments may be directed to Kathy Gregory, 402 W. Washington St., W451, Indianapolis, IN 46204 or (317) 232-7856. Statutory authority: IC 12-23-1-6; IC 12-23-18-1.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #05-119 (PDF)

    Adds 460 IAC 1.2 concerning home and community based services, which will include qualifications for approved providers of home and community based services; the process by which the bureau of aging and in-home services (BAIHS) approves providers; the BAIHS process for monitoring and ensuring compliance with provider standards and requirements; the rights of individuals receiving services; protection of individuals receiving services; standards and requirements for approved providers of home and community based services; and definitions for home and community based services. Statutory authority: IC 12-8-8-4; IC 12-9-2-3; IC 12-10.5-2-2; IC 12-10.5-2-3; IC 12-11-1.1-9; IC 12-11-2.1-12; P.L.37-2005, SECTION 6, (HEA 1069-2005, SECTION 6).

  • Title 470 Division of Family and Children -- #05-105 (PDF)

    Adds a new article, 470 IAC 10.3, to create a new set of eligibility rules under which the federal Temporary Assistance to Needy Families Program operates and requires recipients to be evaluated for job assistance and placement. Repeals the unrepealed sections in the article governing the assistance to families with dependent children program, 470 IAC 10.1-1, 470 IAC 10.1-2-1, 470 IAC 10.1-2-2, 470 IAC 10.1-2-4 through 470 IAC 10.1-2-6, 470 IAC 10.1-3-1, 470 IAC 10.1-3-3.1, 470 IAC 10.1-3-6, 470 IAC 10.1-5, 470 IAC 10.1-6, and 470 IAC 10.1-10 through 470 IAC 10.1-12, the article governing temporary assistance to needy families, 470 IAC 10.2, and the unrepealed sections in the article governing the welfare reform initiative, 470 IAC 14-1, 470 IAC 14-2-1 through 470 IAC 14-2-6, 470 IAC 14-2-8, 470 IAC 14-3-1 through 470 IAC 14-3-2.3, 470 IAC 14-3-4 through 470 IAC 14-3-12, and 470 IAC 14-4. Statutory authority: IC 12-8-12-7; IC 12-13-2-3(2); IC 12-13-5-1; IC 12-13-5-3.

  • Title 646 Department of Workforce Development -- #05-128 (PDF)

    646 IAC 3-10-9 and 646 IAC 3-10-13 will be amended to allow the department flexibility in how unemployment benefits are paid to recipients. It allows the department to use debit cards, direct deposit, or any means the department deems to be in its best interests and in the interests of the recipient to deliver unemployment benefits. Public comments are invited. Contact person: Teresa Melton, General Counsel, Department of Workforce Development, (317) 232-197. Statutory authority: IC 22-4.1-3-3.

  • Title 655 Board of Firefighting Personnel Standards and Education -- #05-103 (PDF)

    The proposed amendments and additions to 655 IAC 1-1 are for the purpose of amending general administrative requirements, including testing and reciprocity requirements, and making conforming section changes. Statutory authority: IC 22-12-7-7; IC 22-14-2-7.

  • Title 675 Fire Prevention and Building Safety Commission -- #05-104 (PDF)

    To amend the 2003 Indiana Building Code, 675 IAC 13-2.4, and the 2003 Indiana Fire Code, 675 IAC 22-2.3, by adopting the latest editions of NFPA Standards 10, 11, 12, 15, 17, 17A, 25, 33, 34, 37, 50, 50B, 51, 51B, 52, 59, 59A, 72, 82, 86, 385, 407, 704, 1123, and 2001. To repeal outdated editions of the foregoing NFPA standards. Public comments are invited and may be directed to the Department of Homeland Security, Attention: Code Services, Indiana Government Center-South, 402 West Washington Street, Room W246, Indianapolis, Indiana 46204 or by e-mail at msnyder@dhs.in.gov. Statutory authority: IC 22-13-2-2; IC 22-13-2-13.

  • Title 675 Fire Prevention and Building Safety Commission -- #05-108 (PDF)

    The proposed rule amends 675 IAC 12 to make changes necessitated by the enactment of SEA 56 (2005), to update the availability statement for the article, and to add Article 25, the Indiana Fuel Gas Code and Article 26, the Indiana Explosive Materials Code, to the list of commission rules in 675 IAC 12-1.1-5. Amends 675 IAC 12-3 to amend fee schedules. Amends 675 IAC 12-5 to revise the rules for variances. Amends 675 IAC 12-6 to amend and clarify the filing process for plans, exemptions from filing, and the duration of a construction design release. Amends 675 IAC 12-8 to revise the Indiana Building Rehabilitation Standard. Amends 675 IAC 12-13 to amend the scope of projects to which Rule 13 may be applied. Public comments are invited and may be directed to the Department of Homeland Security, Division of Fire and Building Safety, Attention: Code Services, Indiana Government Center-South, 402 West Washington Street, Room E243, Indianapolis, Indiana 46204 or by e-mail at msnyder@dhs.IN.gov. Statutory authority: IC 22-13-2-2; IC 22-13-2-13.

  • Title 675 Fire Prevention and Building Safety Commission -- #05-127 (PDF)

    The proposed rule amends 675 IAC 22-2.3 to address the use of tents and other membrane structures. Public comments are invited and may be directed to the Department of Homeland Security, Division of Fire and Building Safety, Attention: Code Services, Indiana Government Center-South, 402 West Washington Street, Room E243, Indianapolis, Indiana 46204 or by e-mail at msnyder@dhs.IN.gov. Statutory authority: IC 22-13-2-2; IC 22-13-2-13.

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

    The Department intends to promulgate a rule 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 by e-mail to astrati@doi.state.in.us. Statutory authority: IC 27-10-3-21 (as added by P.L.102-2005, SECTION 8).

  • Title 844 Medical Licensing Board of Indiana -- #05-91 (PDF)

    Adds 844 IAC 5-5 to establish the guidelines for the use of controlled substances for the treatment of pain. Effective 30 days after filing with the secretary of state. Questions or comments concerning the proposed rule may be directed to: Medical Licensing Board of Indiana, ATTENTION: Board Director, Indiana Government Center-South, 402 West Washington Street, Room W066, Indianapolis, Indiana 46204 or by electronic mail at ajones@hpb.state.in.us. Statutory authority: IC 25-22.5-2-7.

  • Title 844 Medical Licensing Board of Indiana -- #05-92 (PDF)

    Establish standards for office based procedures that require moderate sedation, deep sedation, or general anesthesia. Questions or comments concerning the proposed rule may be directed to: Medical Licensing Board of Indiana, ATTENTION: Board Director, Indiana Government Center-South, 402 West Washington Street, Room W066, Indianapolis, Indiana 46204 or by electronic mail at ajones@hpb.state.in.us. Statutory authority: IC 25-22.5-2-7.

  • Title 856 Indiana Board of Pharmacy -- #05-102 (PDF)

    Amends 856 IAC 3 to implement rule changes based on House Enrolled Act 1098, including establishing criteria for drug returns, establishing the definitions and requirements for normal distribution chain of custody, pedigree, and the extent to which pedigrees are required, and establishing criteria to approve an accreditation body to evaluate and inspect a person who engages in wholesale distributions of legend drugs. Questions or comments concerning the proposed rules may be directed to: Indiana Health Professions Bureau, 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 25-26-14-8.5; IC 25-26-14-8.7; IC 25-26-14-11.

  • Title 876 Indiana Real Estate Commission -- #05-101 (PDF)

    Amends 876 IAC 1-4-2 to add septic/holding tank and septic mound and geothermal and heat pump to the Residential Real Estate Sales Disclosure form and to require signatures and property address information on both pages of the form. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, ATTENTION: Commission Director, Indiana Government Center-South, 402 West Washington Street, Room W072, Indianapolis, IN 46204-2700 or via e-mail at nrhoad@pla.in.gov. Statutory authority: IC 25-34.1-2-5; IC 25-34.1-5-7.

Proposed Rules
  • Title 25 Indiana Department of Administration -- #05-25 (PDF)

    Amends 25 IAC 5-3-2, 25 IAC 5-3-5, 25 IAC 5-3-6, 25 IAC 5-4-1, 25 IAC 5-4-2, and 25 IAC 5-6-2, relating to rules governing the division for minority and women's business enterprise development, by adding and amending provisions relating to applications for certification as an MBE or WBE, including those necessary and appropriate to comply with the directives set forth in Executive Order 05-11, amending provisions relating to control determinations and other factors considered for certifications, procedures governing denial or revocation of certification, review of department certifications, and monitoring of subcontractor participation. Makes other technical and clerical changes.

  • Title 312 Natural Resources Commission -- #05-38 (PDF)

    Amends 312 IAC 11, which governs construction activities along and within public freshwater lakes, concerning the regulation and treatment of a seawall and to include standards that distinguish a seawall placed in a manmade channel from one placed on a natural shoreline, to allow a bulkhead seawall to be permitted along the upland sides of a manmade channel, to define "natural shoreline", to amend the definitions of "area of special concern" and "significant wetland", and to provide discretion to grant a license for a seawall or other structure, which might not otherwise satisfy the rule, where public access is enhanced or where a written assessment by a qualified professional demonstrates a particular methodology is needed to control erosion or to stabilize the shoreline and that the methodology would not violate IC 14-26-2.

  • Title 315 Office of Environmental Adjudication -- #05-73 (PDF)

    Amends 315 IAC 1-2-1 and 315 IAC 1-3 and adds 315 IAC 1-3-2.1 and 315 IAC 1-3-15 concerning errata, a change in address, clarifications regarding amendment of pleadings, and filing procedures.

  • Title 326 Air Pollution Control Board -- #04-200 (PDF)

    Amends 326 IAC 10-3-3, 326 IAC 10-4-1, 326 IAC 10-4-2, 326 IAC 10-4-3, 326 IAC 10-4-9, 326 IAC 10-4-13, 326 IAC 10-4-14, and 326 IAC 10-4-15 to add definitions and make clarifications to existing rule sections. Adds 326 IAC 10-5 to control nitrogen oxide emissions for internal combustion engines (ICE).

  • Title 410 Indiana State Department of Health -- #04-100 (PDF)

    Adds 410 IAC 1-2.4 to establish electronic reporting of emergency department visit abstract data by hospitals.

  • Title 876 Indiana Real Estate Commission -- #05-47 (PDF)

    Amends 876 IAC 1-1-23 to allow for the voluntary transfer of any interest earned on the broker's escrow/trust account to a fund established for the sole purpose of providing affordable housing opportunities in Indiana.

  • Title 876 Indiana Real Estate Commission -- #05-49 (PDF)

    Amends 876 IAC 4-1-6 to allow an approved distance learning continuing education course to be conducted in a facility that is also used as a broker or salesperson office. Amends 876 IAC 4-2-1 to allow instruction for an approved distance learning education course to be more than eight hours of instruction in one day. Adds 876 IAC 4-3 to establish distance learning continuing education requirements and procedures for real estate salespersons and brokers and to establish the requirements and procedures for distance learning continuing education course sponsors.

Readopted Rules
  • Title 590 Indiana Library and Historical Board -- #05-89 (PDF)

  • Title 760 Department of Insurance -- #05-86 (PDF)

  • Title 830 Indiana Dietitians Certification Board -- #05-11 (PDF)

AROC Notices
  • Title 760 Department of Insurance -- (PDF)

IC 13-14-9 Notices
  • Title 326 Air Pollution Control Board -- #05-116 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on new and amended rules concerning mercury emissions from coal-fired power plants.

  • Title 326 Air Pollution Control Board -- #05-117 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on new and amended rules concerning nitrogen oxide and sulfur dioxide emissions from fossil fuel-fired power plants. 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 -- #05-118 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to rule 326 IAC 7-4-2 to revise the sulfur dioxide (SO2) emission limitations for three coke oven battery underfire combustion stacks. 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 -- #05-85 (PDF)

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for new rules for exclusion of a hazardous waste from regulation under 329 IAC 3.1-5-2 (delisting). The purpose of this notice is to publish the commissioner's tentative recommendation for rulemaking and to seek public comment on the recommendation and 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 329 that may be affected by this rulemaking.

Other Notices (PDF)
    Executive Orders (PDF)
      Nonrule Policy Documents (PDF)