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-IR- Database: Indiana Register

Indiana Register - November 1, 2004

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 the PDF format by clicking on (PDF).
November 1, 2004, Volume 28, Number 2, Pages 521-780 (PDF)
Final Rules
  • Title 68 Indiana Gaming Commission -- #04-102 (PDF)

    Amends 68 IAC 2-6-49, 68 IAC 2-7-12, 68 IAC 5-3-2, 68 IAC 5-3-7, 68 IAC 8-1-11, 68 IAC 8-2-29, 68 IAC 9-4-8, 68 IAC 11-1-8, 68 IAC 12-1-15, 68 IAC 15-1-8, 68 IAC 16-1-16, 68 IAC 17-1-5, 68 IAC 17-2-6, and 68 IAC 18-1-6 to correct a mistake in an internal cross reference. Amends 68 IAC 10-1-5 to require that riverboat licensees may not have or display maximum live gaming jackpots. Amends 68 IAC 11-3-1 to provide that the bill validator report shall be generated after the completion of the soft count rather than before the commencement of the soft count. Amends 68 IAC 14-4-8 to provide that the riverboat licensee shall receive written approval from the commission for all chip destruction and that the riverboat licensee shall coordinate the movement and shipment of chips to be destroyed with commission agents. Amends 68 IAC 14-5-6 to provide that the riverboat licensee shall receive written approval from the commission for all token destruction and that the riverboat licensee shall coordinate the movement and shipment of tokens to be destroyed with commission agents. Amends 68 IAC 15-9-4 to provide that riverboat licensees shall allow the redemption of chips and tokens by employees at one cage located on the riverboat and one location in the pavilion. Amends 68 IAC 15-10-4.1 to require that cage variances be reported on a form approved by the commission, to require that the accounting director or designee must investigate all unresolved variances, and the results of the investigation must be documented on the paperwork provided by the cage department. Adds 68 IAC 15-13-2.5 to require that manually paid jackpots that exceed a value of $1,199 may not be paid from a pouch or similar method. Amends 68 IAC 18-1-2 to redefine the time frame within which patrons can expect to receive responses to complaints they have made and to change the requirement that patrons must file a copy of their complaints with the riverboat licensee at the same time they file the complaint with the gaming commission.

  • Title 68 Indiana Gaming Commission -- #04-103 (PDF)

    Amends 68 IAC 1-5-1 to require a riverboat licensee to notify a commission agent and the executive director when the riverboat licensee becomes aware that criminal activity is taking place on riverboat property. Amends 68 IAC 2-3-5 to require an applicant to hold a valid merchant marine document only when required by the United States Coast Guard. Amends 68 IAC 2-3-6 to eliminate the provision requiring the signature of the executive director on identification badges. Amends 68 IAC 2-3-9 to require occupational licensees to provide truthful information to commission agents and staff during an investigation.

  • Title 312 Natural Resources Commission -- #03-311 (PDF)

    Amends 312 IAC 9 concerning ice fishing shelters; general requirements for deer hunting; hunting deer by firearms; hunting deer by bow and arrows; commercial processing of deer; beavers; foxes, coyotes, and skunks; minks, muskrats, and long-tailed weasels; opossums and raccoons; taking squirrels to protect property; squirrels; Hungarian partridges; wild turkeys; endangered species of birds; collection and possession of amphibians; reptile captive breeding license; special purpose turtle possession permit; endangered species of fish; sport fishing methods for ice fishing; largemouth bass; trout; special purpose salvage permit; aquaculture permit; and wild animal possession permit.

  • Title 312 Natural Resources Commission -- #04-23 (PDF)

    Amends 312 IAC 16-5-14 to clarify that an owner or operator must obtain written authorization from the division of oil and gas, department of natural resources, before acting upon a permit change. Amends 312 IAC 17-3, governing geophysical survey operations, to provide that a geophysical survey operation is considered a well for oil and gas purposes for purposes of issuing an emergency permit, to exclude open or cased hole geophysical logs from regulation as a geophysical survey operation, to eliminate the requirement that an operator notify each owner of an occupied dwelling that is located within one mile of a geophysical survey operation, to establish minimum distances from structures for the conduct of a geophysical survey operation with separate standards for those activities that do or do not use an explosive energy source, to clarify that the department of natural resources, division of oil and gas, performs a permit revocation or transfer, and to modify bonding and shothole plugging requirements. Makes other clerical and technical changes.

  • Title 345 Indiana State Board of Animal Health -- #04-16 (PDF)

    Amends 345 IAC 7-5-15.1 to remove the requirement to test swine for pseudorabies prior to exhibition. Amends 345 IAC 7-5-22 to remove various testing and vaccination requirements for dogs and cats to be exhibited.

  • Title 646 Department of Workforce Development -- #03-317 (PDF)

    Adds 646 IAC 3-1-12 concerning the wage reporting requirements pertaining to professional employer organizations. Adds 646 IAC 3-1-13 concerning the respective liabilities of a professional employer organization and its client company for unemployment insurance contributions. Adds 646 IAC 3-4-11 concerning the definition of a professional employer organization with respect to qualifying as an employer. Amends 646 IAC 3-5-1 concerning corporate officers and directors.

  • Title 675 Fire Prevention and Building Safety Commission -- #04-8 (PDF)

    Amends 675 IAC 14-4.2-30 and 675 IAC 14-4.2-89.2 concerning the Indiana Residential Code.

  • Title 760 Department of Insurance -- #03-303 (PDF)

    Amends 760 IAC 2-1 through 760 IAC 2-20 to implement updates to the National Association of Insurance Commissioners' model regulation, to conform to the Health Insurance Portability and Accountability Act of 1996, to conform to IC 27-1-15.6 and IC 27-1-15.7, and to achieve reciprocity with other states on the licensing of insurance producers.

  • Title 848 Indiana State Board of Nursing -- #04-65 (PDF)

    Amends 848 IAC 1-1-2.1 to revise the definitions applied throughout that article. Amends 848 IAC 1-2 to revise the accreditation requirements and procedures for nursing programs. Adds 848 IAC 1-2-8.5 to establish the requirements and procedures to transfer a nursing program to another controlling organization.

  • Title 864 State Board of Registration for Professional Engineers -- #03-301 (PDF)

    Amends 864 IAC 1.1-2-4 to specify that a senior in an engineering curriculum in a college or university in Indiana may take the last engineering intern examination prior to graduation to facilitate the outsourcing of the administration of examinations for engineering interns. Amends 864 IAC 1.1-4.1-9 to bring the examination attempts for certification as engineering intern in conformity with the fees charged by the board. Amends 864 IAC 1.1-12-1 to revise the fee schedule for examination or reexamination to facilitate the outsourcing of the administration of examinations for professional engineers and engineering interns. Adds 864 IAC 1.1-12-2 to establish that the fees for administration and scoring of the fundamentals of engineering examination and principles and practice of engineering examination be paid directly to the examination services.

  • Title 865 State Board of Registration for Land Surveyors -- #03-300 (PDF)

    Amends 865 IAC 1-11-1 to revise the fees schedule for the examination and reexamination to facilitate the outsourcing of the administration of examinations for land surveyors-in-training and land surveyors.

  • Title 872 Indiana Board of Accountancy -- #04-98 (PDF)

    Amends 872 IAC 1-3-3.3 to revise requirements for college courses to count for continuing professional education credit.

  • Title 888 Indiana Board of Veterinary Medical Examiners -- #04-74 (PDF)

    Amends 888 IAC 1.1-6-1 concerning the deadline for applying to take the examination for licensure.

  • Title 888 Indiana Board of Veterinary Medical Examiners -- #04-137 (PDF)

    Amends 888 IAC 1.1-6-1 concerning applicants who are applying to take the North American Veterinary Licensing Examination (NAVLE).

Errata
  • Title 328 Underground Storage Tank Financial Assurance Board -- #02-204 (PDF)

  • Title 329 Solid Waste Management Board -- #01-161 (PDF)

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

  • Title 760 Department of Insurance -- #03-303 (PDF)

Notice of Recall
  • Title 515 Professional Standards Board -- #03-320 (PDF)

  • Title 515 Professional Standards Board -- #03-321 (PDF)

  • Title 515 Professional Standards Board -- #03-322 (PDF)

Notice of Withdrawal
  • Title 312 Natural Resources Commission -- #04-176 (PDF)

Emergency Rules
  • Title 52 Indiana Board of Tax Review -- #04-261 (PDF)

    Temporarily adds provisions establishing procedures to govern proceedings before the Indiana board of tax review with respect to appeals for the 2002 assessment year in Lake County. Authority: HEA 1535, P.L.235-2003; IC 4-22-2-37.1; IC 6-1.1-4-34.

  • Title 65 State Lottery Commission -- #04-265 (PDF)

    Temporarily adds rules concerning pull-tab game number 022.

  • Title 65 State Lottery Commission -- #04-266 (PDF)

    Temporarily adds rules concerning pull-tab game number 023.

  • Title 312 Natural Resources Commission -- #04-257 (PDF)

    With final adoption and approval in LSA Document #04-3(F) of new 312 IAC 6.5 to govern the registration of off-road vehicles and snowmobiles, LSA Document #03-341(E), which temporarily supplements standards pertaining to the registration of off-road vehicles and snowmobiles, is repealed.

  • Title 312 Natural Resources Commission -- #04-258 (PDF)

    Temporarily amends 312 IAC 18-3-12, which governs 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 312 Natural Resources Commission -- #04-259 (PDF)

    Temporarily amends 312 IAC 9-3-2 governing hunting of white-tailed deer and 312 IAC 9-3-10 governing commercial processing of deer. (On July 20, 2004, the Natural Resources Commission gave final adoption to all of these amendments in 312 IAC 9-3 to implement these concepts, but the language would likely not complete the review process prior to the hunting season. LSA Document #03-311(F)). Also, requires a person who receives deer for processing and charges a fee to register with the department annually.

  • Title 312 Natural Resources Commission -- #04-260 (PDF)

    Temporarily amends 312 IAC 9-3-2 that provides general requirements for hunting white-tailed deer, including those pertaining to tagging, and, for a deer taken under the "automated point of sale licensing system", which is authorized by IC 14-22-12-7.5, provides that 312 IAC 9-3-2(k) governs tagging of the carcass.

  • Title 312 Natural Resources Commission -- #04-262 (PDF)

    Temporarily amends 312 IAC 5-7, which governs special watercraft restrictions on navigable waters, by closing a portion of the East Fork, White River, in Lawrence County in order to facilitate repairs to Williams Dam and 312 IAC 8, which governs the public use of properties managed by the Department of Natural Resources, to close lands in proximity to Williams Dam.

  • Title 312 Natural Resources Commission -- #04-264 (PDF)

    Temporarily amends 312 IAC 18-3 under the article pertaining to entomology and plant pathology to regulate the emerald ash borer (Agrilus planipennis) as a pest or pathogen, to provide standards for quarantine in Jamestown Township in Steuben County and Clay Township and Van Buren Township in LaGrange County, which are infested with the species, and to add a definition of "eradication area". Repeals LSA Document #04-152(E), printed at 27 IR 3089.

Notice of Rule Adoption
  • Title 405 Office of the Secretary of Family and Social Services -- #04-142 (PDF)

Change in Notice of Public Hearing
  • Title 170 Indiana Utility Regulatory Commission -- #04-144 (PDF)

  • Title 170 Indiana Utility Regulatory Commission -- #04-163 (PDF)

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

Notice of Intent to Adopt a Rule
  • Title 170 Indiana Utility Regulatory Commission -- #04-268 (PDF)

    Adds 170 IAC 6-1.1 to create new rules governing distribution system improvement charges ("DSIC") allowed for water utilities under IC 8-1-31. Effective 30 days after filing with the secretary of state. Questions concerning the proposed rule may be addressed to the following telephone number: (317) 232-158. Statutory authority: IC 8-1-1-3(g); IC 8-1-31-17.

  • 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. Authorizes filing and service may be made by U.S. priority or express mail. Recognizes notice and service by publication. Makes other technical changes. Public questions and comments may be sent to the Division of Hearings, Natural Resources Commission, 402 West Washington Street, Room W272, Indianapolis, Indiana 46204, at jkane@nrc.in.gov, or by telephone at (317) 232-4699. Statutory authority: IC 14-10-2-4.

  • 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. Public questions and comments may be sent to the Division of Hearings, Natural Resources Commission, 402 West Washington Street, Room W272, Indianapolis, Indiana 46204, at jkane@nrc.in.gov, or by telephone at (317) 232-4699. Statutory authority: IC 14-10-2-4; IC 14-24-3.

  • Title 345 Indiana State Board of Animal Health -- #04-271 (PDF)

    The rule will add and amend rules governing tuberculosis control in animals including requirements to move animals into and within the state, testing standards and requirements, identification of animals and premises, record keeping requirements, classification of animals and herds, recognition of area tuberculosis designations, and procedures for suspect, exposed, and positive animals. The rule will make other substantive and technical changes in the law of tuberculosis control. Comments on the proposed rule may be sent to the Indiana State Board of Animal Health, 805 Beachway Drive, Suite 50, Indianapolis, IN 46224, or by electronic mail to ghaynes@boah.state.in.us. Statutory authority: IC 15-2.1-3-19.

  • Title 460 Division of Disability, Aging, and Rehabilitative Services -- #04-269 (PDF)

    Amends 460 IAC 3.5-2 by adding a new section requiring providers to submit a closeout report to provide actual cost information that is not currently available, which will assist the division in its required annual review of adult day service reimbursement rates. Effective 30 days after filing with the secretary of state. Statutory authority: IC 12-8-8-4; IC 12-9-2-3.

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

    Amends 511 IAC 6-7, effective with the graduating class of 2011, to make the Core 40 diploma the required high school curriculum. Statutory authority: IC 20-10.1-4; IC 20-10.1-4.5-2; IC 20-10.1-5.7-2.

  • Title 511 Indiana State Board of Education -- #04-277 (PDF)

    Amends 511 IAC 6-7, effective with the graduating class of 2009, to change the minimum high school graduation requirements; adopt new Core 40 diploma requirements; and adopt Core 40 with Academic Honors and Core 40 with Technical Honors diplomas to replace the current Academic Honors Diploma. Statutory authority: IC 20-10.1-4; IC 20-10.1-5.7-2.

  • Title 675 Fire Prevention and Building Safety Commission -- #04-273 (PDF)

    To adopt and amend the 2005 National Electrical Code (NFPA 70) to replace the current Indiana Electrical Code (675 IAC 17-1.6). The proposed rule will also include amendments to the Indiana Residential Code (675 IAC 14) to eliminate conflict between provisions of the Indiana Electrical Code and the Indiana Residential Code. 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 -- #04-274 (PDF)

    To adopt a revised Indiana Mobile Structures Code to replace the current rules in 675 IAC 15-2. 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 675 Fire Prevention and Building Safety Commission -- #04-275 (PDF)

    To adopt a rule containing standards for visitability of Class 2 structures and Class 1 townhouses so that, if desired, accessibility features may be provided in these structures. 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, P.L.112-2003, SECTION 2.

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

    Adds Title 879 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. Questions or comments may be directed by mail to the Manufactured Home Installer Licensing Board, Indiana Government Center-South, 302 West Washington Street, Room E034, Indianapolis, Indiana 46204, or by electronic mail at dwidemon@pla.in.gov. Statutory authority: IC 25-1-8-2; IC 25-23.7-3-8; IC 25-23.7-6-5.

Proposed Rules
  • Title 45 Department of State Revenue -- #04-255 (PDF)

    Adds 45 IAC 18-3-7.1 and 45 IAC 18-3-8.1 concerning charity gaming and use of proceeds. Repeals 45 IAC 18-3-7 and 45 IAC 18-3-8.

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

    Adds 207 IAC 2 to establish continuing education requirements and procedures for deputy coroners.

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

    Amends 312 IAC 4-6-6, governing the insurance board for the department of natural resources division of law enforcement, to reflect the election of the chair according to the board's bylaws and to change the name of the insurance board to its official title.

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

    Amends 312 IAC 2-4-6 and 312 IAC 2-4-14, which governs fishing tournaments and other organized boating activities, to reduce from 90 days to 60 days the minimum period an application must be filed with the department of natural resources before the activity is to occur and to establish a licensure requirement for fishing tournaments on Sylvan Lake, Noble County.

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

    Amends 326 IAC 7-1.1-1 concerning applicability. Amends 326 IAC 7-1.1-2 concerning sulfur dioxide limitations. Amends 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 327 Water Pollution Control Board -- #03-130 (PDF)

    Adds 327 IAC 5-3.5 to establish a process and application requirements for obtaining a variance from the existing water quality criterion used to establish a water quality-based effluent limitation for mercury in wastewater discharges permitted under the National Pollutant Discharge Elimination System (NPDES) program.

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

    Amends 405 IAC 1-5-1 to increase the required time providers must retain medical records.

  • Title 410 Indiana State Department of Health -- #04-161 (PDF)

    Amends 410 IAC 21-3-8 and 410 IAC 21-3-9 to remove birth weight less than 2,500 grams and stillbirth as reportable conditions, require reporting of both pervasive developmental disorders and fetal alcohol spectrum disorder that is recognized in a child before five years of age, and amend the maximum age of a child whose diagnosis must be reported to the registry and whose report must be included in the registry from two years to three years. Repeals 410 IAC 21-3-6.

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

    Amends 440 IAC 7.5 to make clearer the intent of the residential rule, to make it consistent throughout, to repeal the $520 limit on the residential living allowance, and to update references to the 2000 edition of the Life Safety Code.

  • 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 828 State Board of Dentistry -- #04-189 (PDF)

    Adds 828 IAC 1-5-6 to require that continuing education credit for dentists and dental hygienists must include two hours in ethics, professional responsibility, statutes governing the licensure and practice of dentists and dental hygienists, or administrative rules governing the licensure and practice of dentists and dental hygienists.

  • 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 848 Indiana State Board of Nursing -- #04-97 (PDF)

    Amends 848 IAC 1-1-6 concerning requirements for licensure by examination. Amends 848 IAC 1-1-7 concerning requirements for licensure by endorsement. Repeals 848 IAC 6.

Readopted Rules
  • Title 240 State Police Department -- #04-164(F) (PDF)

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

    The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to 326 IAC 6.5-7-13 concerning particulate matter emission limitations in St. Joseph County. 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 -- #04-278 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to 326 IAC 6-1-10.1 to revise the particulate matter emission limitations (PM10) for coil manufacturing processes at ASF-Keystone, Inc., located in Hammond, 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 -- #04-279 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to proposed articles 326 IAC 6.5 and 326 IAC 6.8 concerning particulate matter emission limitations. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking.

  • Title 327 Water Pollution Control Board -- #04-267 (PDF)

    The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to 327 IAC 8-2-8.2, 327 IAC 8-11-1, 327 IAC 8-12-2, and 327 IAC 8-12-3.6 concerning sanitary surveys, operating reports, minor corrections to classifications of water treatment plants and certified operators in responsible charge of public water systems as well as amendments to 327 IAC 8-2.5-6, 327 IAC 8-2.5-7, 327 IAC 8-2.5-8, 327 IAC 8-2.5-9, and 327 IAC 8-2.6-6 to incorporate minor corrections to disinfectants, disinfection byproducts, and filter backwash recycling rules. IDEM seeks comment on the affected citations listed and any other provisions of Title 327 that may be affected by this rulemaking.

Other Notices (PDF)
    Nonrule Policy Documents (PDF)