reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 290 - DEPARTMENT OF HOMELAND SECURITY › Article 1 - STATE DISASTER RELIEF FUND › Rule 1 - Public Assistance Grants Eligibility; Application Procedures › Section 1-3 - Public assistance eligibility requirements

Current through July 10, 2024
Authority: IC
				  10-14-4-11
Affected: IC
				  10-14-3-29; IC 10-14-4
Sec. 3.
(a)
				Applicants must comply with the requirements of IC
				10-14-4 and meet all of the
				following eligibility requirements for the state disaster relief fund:
(1) Maintain an emergency management program
				or be incorporated into a county emergency management program that is
				established before the disaster.
(2) Maintain a current applicable emergency
				operations plan, which shall have been implemented in a timely manner at the
				beginning of the disaster.
(3)
				Declare a state of local disaster emergency in the applicant jurisdiction in
				accordance with IC
				10-14-3-29 and have transmitted a
				copy of the declaration to the department not more than seventy-two (72) hours
				after the local disaster emergency has been declared.
(4) Verify the commitment of local resources
				by means of a signed statement by the applicant's executive.
(5) Conduct a local damage assessment,
				including verifiable repair costs, transmitting the results, in writing, to the
				department through the county emergency management director not more than
				twenty-one (21) days after the date of the local disaster emergency
				declaration.
(6) Must have damage
				in one (1) or more of the categories listed in section 5 of this rule in an
				amount equal to or greater than one hundred percent (100%) of the FEMA Public
				Assistance Per Capita Indicator as published in 44 CFR Part 206 as in effect on
				the date of the declaration described in subdivision (4).
Indiana Administrative Code › Title 290 - DEPARTMENT OF HOMELAND SECURITY › Article 1 - STATE DISASTER RELIEF FUND › Rule 1 - Public Assistance Grants Eligibility; Application Procedures › Section 1-4 - Inspection and returned funds

Current through July 10, 2024
Authority: IC
				  10-14-4-11
Affected: IC
				  10-14-4
Sec. 4.
(a)
				Inspections of the projects funded by the state disaster relief fund may be
				made by a representative of the department at any time. The department may
				request an audit by the state board of accounts of any grant. Both the
				department and the applicant shall maintain records of all grant applications
				and grant files for three (3) years after completion of the project or projects
				funded by the grant to enable such an audit to be completed.
(b) Grant funds found by the department to
				have been spent in a manner inconsistent with the specific purpose for which
				the applicant originally applied:
(1) shall
				be refunded by the applicant and returned to the state disaster relief fund;
				and
(2) the department may, in
				addition to the amount of the inappropriately spent grant funds, seek
				reimbursement for all costs associated with the collection of the
				inappropriately expended grant funds.
Indiana Administrative Code › Title 290 - DEPARTMENT OF HOMELAND SECURITY › Article 1 - STATE DISASTER RELIEF FUND › Rule 1 - Public Assistance Grants Eligibility; Application Procedures › Section 1-5 - Available categories of public assistance

Current through July 10, 2024
Authority: IC
				  10-14-4-11
Affected: IC
				  10-14-4-5
Sec. 5.
(a) State
				disaster relief fund assistance is available to provide financial assistance to
				assist eligible entities in paying for the costs of repair, restoration, or
				actions relating to the following categories of damages owned by, maintained
				by, or operated by or on behalf of an eligible applicant:
(1) For response costs incurred by an
				eligible public assistance entity during a disaster for debris removal,
				deposited within the public right-of-way and equipment costs at the rates
				contained in the department's state public assistance plan, as in effect on the
				date of the disaster.
(2) For
				publicly-owned transportation systems, roads, streets, highways, bridges, and
				other public ways and their necessary appurtenances.
(3) For publicly-owned buildings and
				structures.
(4) For publicly-owned
				water control facilities, dams, levees, dikes, ditches, and other drainage or
				flood control, or both, devices.
(5) For publicly-owned recreation facilities,
				parks, and recreation facilities.
(6) For publicly-owned utilities:
(A) sanitary sewer systems, storm sewers,
				lift stations, or wastewater treatment facilities; and
(B) water treatment, water storage, or water
				distribution facilities.
(7) For other infrastructure owned by or
				operated by or on behalf of an eligible public assistance applicant.
Indiana Administrative Code › Title 290 - DEPARTMENT OF HOMELAND SECURITY › Article 1 - STATE DISASTER RELIEF FUND › Rule 1 - Public Assistance Grants Eligibility; Application Procedures › Section 1-6 - Duplication of benefits prohibited

Current through July 10, 2024
Authority: IC
				  10-14-4-11
Affected: IC
				  10-14-4
Sec. 6.
Any damage costs recouped or services or materials, or both,
				  provided at no cost, such as any insurance settlements and donations of
				  services or materials, will be considered in the evaluation of an application
				  to ensure that a grant from the fund is not duplicating benefits received from
				  other sources. The following are examples of benefits that must be identified
				  on the application form:
(1) Insurance
				settlements.
(2) Donations of
				services or materials.
Indiana Administrative Code › Title 290 - DEPARTMENT OF HOMELAND SECURITY › Article 1 - STATE DISASTER RELIEF FUND › Rule 1 - Public Assistance Grants Eligibility; Application Procedures › Section 1-7 - Audits

Current through July 10, 2024
Authority: IC
				  10-14-4-11
Affected: IC
				  10-14-3; IC
				  10-14-4
Sec. 7.
Random audits of grant awards may be conducted by or on
				  behalf of the department when all eligible grant awards to public assistance
				  applicants have been made. Audits of grant award application files and receipts
				  may be conducted for a period of up to three (3) years after the grant award to
				  verify approved use of grant funds. In addition, grant application files may be
				  audited to ensure that an application was properly processed even if no grant
				  was awarded to the applicant.
Indiana Administrative Code › Title 290 - DEPARTMENT OF HOMELAND SECURITY › Article 1 - STATE DISASTER RELIEF FUND › Rule 2 - Individual Assistance Eligibility; Application Procedures › Section 2-1 - Definitions

Current through July 10, 2024
Authority: IC 10-14-4-11
Affected: IC 10-14-3-1; IC 10-14-4-13; IC 10-19-2-1; IC
				  10-19-3-1; IC 25-4; IC 25-31
Sec. 1.
(a) The
				definitions in this section apply throughout this rule.
(b) "Affected area" means the county or
				counties that are included in the USSBA disaster declaration.
(c)
[Voided by
				P.L.
				70-2019,
				SECTION
				2, effective April 24,
				2019.]
(d) "Applicant"
				means any individual who submits an application on behalf of a household for
				financial assistance under IC 10-14-4.
(e) "Certification" means that part of the
				application where the applicant must certify that he or she is not engaging in
				any fraudulent conduct.
(f)
[Voided by P.L.
				70-2019,
				SECTION
				2, effective April 24,
				2019.]
(g) "Damage
				assessment" means a comprehensive assessment of all damages to include
				verifiable estimates of repair or replacement costs.
(h) "Department" means the Indiana department
				of homeland security established under IC 10-19-2-1.
(i) "Director" means the executive director
				of the department appointed under IC 10-19-3-1.
(j) "Disaster" has the meaning set forth in
				IC 10-14-3-1.
(k) "Disaster
				response costs" means the additional expenses incurred by an eligible
				individual in removing damaged improvements, furnishings, and debris from the
				home site. The term also includes the costs incurred for state verification
				surveys for individual assistance conducted by the state or a local unit of
				government at the written direction of the department.
(l) "Eligible items" means the following for
				individual assistance applicants:
(1) General
				repairs to the applicant's primary residence, including mobile home
				repairs.
(2) Utilities replacement
				or repairs.
(3) Heating,
				ventilating, or air conditioning equipment replacement or repairs.
(4) Personal property, including, without
				limitation, clothing, appliances, essential tools for employment or school,
				repairs, or replacement.
(5) Motor
				vehicles that are essential transportation and currently registered to the
				applicant.
Indiana Administrative Code › Title 290 - DEPARTMENT OF HOMELAND SECURITY › Article 1 - STATE DISASTER RELIEF FUND › Rule 2 - Individual Assistance Eligibility; Application Procedures › Section 2-2 - Application procedures

Current through July 10, 2024
Authority: IC
				  10-14-4-11
Affected: IC
				  4-21.5-3-5; IC
				  4-21.5-3-7; IC
				  10-14-3
Sec. 2.
(a) Eligible
				individuals and families suffering damages shall apply for individual disaster
				assistance program financial assistance as follows:
(1) Meet the eligibility requirements as set
				forth in section 3 of this rule.
(2) Complete the individual disaster
				assistance program financial assistance application form provided by the
				department and including the following information:
(A) The applicant's name, address, and
				telephone number.
(B) A
				description of the loss and the eligible items as a result of the
				disaster.
(C) The applicant's proof
				of ownership or rent receipts.
(D)
				The applicant's proof of loss.
(E)
				Other information required by the department to determine eligibility and award
				amounts.
(3) Submit the
				application to the department not more than ninety (90) days after the denial
				of a USSBA disaster loan.
Indiana Administrative Code › Title 290 - DEPARTMENT OF HOMELAND SECURITY › Article 1 - STATE DISASTER RELIEF FUND › Rule 2 - Individual Assistance Eligibility; Application Procedures › Section 2-3 - Eligibility requirements

Current through July 10, 2024
Authority: IC
				  10-14-4-11
Affected: IC
				  10-14-3; IC
				  10-14-4
Sec. 3.
Applicants shall comply with the requirements of the program
				  and meet all of the following eligibility requirements for individual disaster
				  assistance program financial assistance:
(1) The applicant shall prove that he or she
				did not qualify for a USSBA disaster loan by presenting a copy of the letter of
				denial issued by the USSBA. For each USSBA agency declared disaster, the USSBA
				provides a list to the department of denied disaster loan applicants. If the
				applicant is identified by the USSBA as a denied applicant on the list, the
				applicant need not provide a copy of the letter of denial issued by the
				USSBA.
(2) The applicant shall
				demonstrate that the amount of loss is an uninsured loss by:
(A) presenting a letter from the applicant's
				insurance company stating that it is an uninsured loss; or
(B) submission of an affidavit on a form
				provided by the department under penalty of perjury by the applicant that the
				applicant does not have insurance coverage for the amount of
				loss.
Indiana Administrative Code › Title 290 - DEPARTMENT OF HOMELAND SECURITY › Article 1 - STATE DISASTER RELIEF FUND › Rule 2 - Individual Assistance Eligibility; Application Procedures › Section 2-4 - Inspection and returned funds

Current through July 10, 2024
Authority: IC
				  10-14-4-11
Affected: IC
				  10-14-3; IC
				  10-14-4
Sec. 4.
(a)
				Inspections of the property that is the subject of the financial assistance
				application may be made by an inspector employed by, or authorized to act on
				behalf of, the department to verify the following:
(1) The damages claimed.
(2) The documents required under section 3 of
				this rule.
(3) General repairs,
				electrical repairs, utility repairs, heating and plumbing repairs, and mobile
				home repairs.
(4) Personal
				property repair or replacement costs.
(5) Transportation costs.
(6) Medical costs limited to medical
				equipment or devices.
Indiana Administrative Code › Title 290 - DEPARTMENT OF HOMELAND SECURITY › Article 1 - STATE DISASTER RELIEF FUND › Rule 2 - Individual Assistance Eligibility; Application Procedures › Section 2-5 - Audits

Current through July 10, 2024
Authority: IC
				  10-14-4-11
Affected: IC
				  10-14-3; IC
				  10-14-4
Sec. 5.
Random audits of financial assistance may be conducted by or
				  on behalf of the department when all eligible financial assistance to
				  individual assistance applicants has been made and all appeals are final.
				  Audits of financial assistance application files and receipts may be conducted
				  for a period of up to three (3) years after the award of financial assistance
				  to verify approved use of financial assistance funds. In addition, financial
				  assistance application files may be audited to ensure that an application was
				  properly processed even if no financial assistance was awarded to the
				  applicant.
Indiana Administrative Code › Title 290 - DEPARTMENT OF HOMELAND SECURITY › Article 1 - STATE DISASTER RELIEF FUND › Rule 2 - Individual Assistance Eligibility; Application Procedures › Section 2-6 - Available categories

Current through July 10, 2024
Authority: IC
				  10-14-4-11
Affected: IC
				  10-14-3; IC
				  10-14-4-5
Sec. 6.
(a)
				Individual financial assistance is available for the repair of, replacement of,
				restoration of, or actions relating to the following categories of damages to
				property owned or rented by an eligible applicant:
(1) Home repairs, building materials,
				electrical, plumbing and plumbing materials, floors and floor coverings, paint,
				hardware, and wall coverings.
(2)
				Essential furnishings, such as living room furniture, bedroom furniture, and
				kitchen furnishings. Debris removal is allowed for damaged carpet, furniture,
				furnishings, appliances, and disaster generated debris on the home
				site.
(3) Appliances, such as a
				cooking range, refrigerator, water heater, and furnace. Space heaters or
				portable heaters may be counted only if they are the sole source of heat for
				the room in the house. Air conditioners, either central units or window units,
				may be counted if there is a medical condition for which the appliances are
				required by a physician. Window fans or any other fans to move air that is used
				for cooling or drying wet surfaces are allowed.
(4) Uninsured medical expenses to cover
				medical devices such as the following:
(A)
				Eyeglasses or contact lenses.
(B)
				Dentures.
(C)
				Wheelchairs.
(D)
				Crutches.
(E) Leg braces.
(F) Prosthetic devices.
(G) Motorized chairs.
(5) Essential transportation motor vehicle
				repair (two (2) estimates are required). The motor vehicle must be used and
				essential for employment or medical care, a current license and registration to
				the applicant or coapplicant is required, and the motor vehicle shall be
				covered by the minimum motor vehicle insurance required by the state of
				Indiana. If the immediate need for the family is essential transportation, the
				entire amount of financial assistance may be used for that purpose.
(6) Essential tools and equipment that are
				needed for employment shall be verified by the applicant's employer on company
				letterhead, with a listing of what tools or equipment are needed for the
				employee's job. The applicant's employer's letter shall include a statement
				concerning the need for tools or equipment for the performance of the
				job.
(7) Most immediate need to the
				family/individual, that is, the individual or household, may determine how the
				financial assistance is to be allocated among eligible items when the value of
				the damage or loss to more than one (1) of the eligible items equals or exceeds
				the total amount of the financial assistance.
Indiana Administrative Code › Title 290 - DEPARTMENT OF HOMELAND SECURITY › Article 1 - STATE DISASTER RELIEF FUND › Rule 2 - Individual Assistance Eligibility; Application Procedures › Section 2-7 - Duplication of benefits prohibited

Current through July 10, 2024
Authority: IC
				  10-14-4-11
Affected: IC
				  10-14-4
Sec. 7.
Duplication of benefits is prohibited. Any damage costs
				  recouped or services or materials, or both, provided at no cost, such as any
				  insurance settlements or donations of services or materials, will be considered
				  in the evaluation of an application to ensure that financial assistance from
				  the fund is not duplicating benefits received from other sources. The following
				  are examples of benefits that must be identified on the application
				  form:
(1) Insurance
				settlements.
(2) Donations of
				services or materials.
Indiana Administrative Code › Title 290 - DEPARTMENT OF HOMELAND SECURITY › Article 1 - STATE DISASTER RELIEF FUND › Rule 2 - Individual Assistance Eligibility; Application Procedures › Section 2-8 - Recovery of duplicated payments, overpayments, or illegally expended funds

Current through July 10, 2024
Authority: IC
				  10-14-4
Affected: IC
				  10-14-3
Sec. 8.
When information resulting from an audit conducted under
				  section 5 of this rule identifies financial assistance that constitutes
				  overpayment or duplicate payment, or financial assistance that has been spent
				  in violation of Indiana law, the department may exercise all of its legal
				  rights to recover the financial assistance.
Indiana Administrative Code › Title 290 - DEPARTMENT OF HOMELAND SECURITY › Article 2 - SEVERE WEATHER WARNING SIRENS › Rule 1 - Severe Weather Warning Siren Planning › Section 1-1 - Purpose

Current through July 10, 2024
Authority: IC
				  36-8-21.5-9
Affected: IC 36-8-21.5
Sec. 1.
Severe weather warning sirens are used to alert citizens to
				  an imminent weather hazard and prompt them to find shelter and to seek further
				  detailed information from such sources as all-hazards weather radios and the
				  media. A purpose of this article is to establish uniform county planning
				  documents that may be used by county officials to determine when additional
				  sirens are required. Another purpose is to establish common guidelines for the
				  activation of sirens throughout Indiana that are in accordance with identified
				  best practices throughout the United States. The article clarifies and provides
				  detailed guidance concerning the following:
(1) The minimum standards and specifications
				of severe weather warning sirens used to notify citizens of an impending
				emergency or disaster incident including a minimum range, coverage patterns,
				and weather resistance characteristics for any outdoor siren that is to be
				acquired and installed in a county under a county's siren coverage
				plan.
(2) Required elements of a
				county siren coverage report.
(3)
				Required elements of a county siren coverage plan, which shall address the
				following:
(A) Types of audible outdoor
				warning system equipment to be used in participating counties.
(B) Activation requirements, control, and
				monitoring of an outdoor public alert system (PAS).
(C) Warning signal protocols and
				standards.
(D) Audibility and
				installation standards of an outdoor siren.
Indiana Administrative Code › Title 290 - DEPARTMENT OF HOMELAND SECURITY › Article 2 - SEVERE WEATHER WARNING SIRENS › Rule 1 - Severe Weather Warning Siren Planning › Section 1-3 - Scope

Current through July 10, 2024
Authority: IC
				  36-8-21.5-9
Affected: IC
				  36-8-21.5-11;
				  IC
				  36-8-21.5-13
Sec. 3.
(a) This
				article provides guidance to counties concerning the development of a county
				siren coverage report and a county siren coverage plan, the primary documents
				as outlined in IC
				36-8-21.5-11
				and IC
				36-8-21.5-13,
				which focus on a county's acquisition, installation, testing, and maintenance
				of outdoor severe weather warning sirens. Counties complying with this article
				shall integrate the following factors into the siren coverage report and siren
				coverage plan:
(1) Identification of areas
				within the county where outdoor alerting systems will be most
				effective.
(2) Identification of
				those populations within a county in need of alerting by methods other than
				outdoor alerting systems.
(3)
				Measurements on the surrounding ambient noise levels as well as the terrain at
				potential PAS locations.
(4)
				Determination of weather conditions to include typical and extreme
				conditions.
(5) Evaluation of the
				types of outdoor public alert system devices and other alternatives.
(6) Estimation of the potential costs for the
				planned installation, testing, and maintenance of severe weather warning
				sirens.
Indiana Administrative Code › Title 290 - DEPARTMENT OF HOMELAND SECURITY › Article 2 - SEVERE WEATHER WARNING SIRENS › Rule 1 - Severe Weather Warning Siren Planning › Section 1-4 - Applicability

Current through July 10, 2024
Authority: IC
				  36-8-21.5-9
Affected: IC
				  36-8-21.5-11;
				  IC
				  36-8-21.5-13
Sec. 4.
This article does not apply to an Indiana county that has not
				  elected to prepare a siren coverage report as prescribed by IC
				  36-8-21.5-11,
				  a necessary preliminary step in the county's discretionary decision whether or
				  not to prepare and to adopt a county siren coverage plan. Section 9 of this
				  rule, concerning the required content of the siren coverage report, applies
				  only to those counties that have elected to prepare a siren coverage report
				  under IC
				  36-8-21.5-11.
				  Section 12 of this rule, concerning the required content of a siren coverage
				  plan, applies only to those counties that have elected to prepare a county
				  siren coverage plan under IC
				  36-8-21.5-13.
Indiana Administrative Code › Title 290 - DEPARTMENT OF HOMELAND SECURITY › Article 2 - SEVERE WEATHER WARNING SIRENS › Rule 1 - Severe Weather Warning Siren Planning › Section 1-6 - Activation protocols

Current through July 10, 2024
Authority: IC
				  36-8-21.5-9
Affected: IC 36-8-21.5
Sec. 6.
(a) Within
				the county's siren coverage plan, the county shall designate, by position, the
				appropriate infrastructure agency or agencies with the authority to activate
				county severe weather warning sirens for areas or for the entire county for
				purposes of monitoring, maintaining, and testing equipment.
(b) If the authorized county official or
				officials have made the decision to activate outdoor severe weather warning
				sirens, the initial alerting of the public shall take place as soon as
				possible, preferably within two (2) minutes of the time the decision has been
				made. The completion of the initial alert shall be within five (5) minutes of
				that initial decision.
(c)
				Designated infrastructure agencies shall provide the necessary training and
				safety instructions to operate and maintain the siren or sirens with which
				responsibility has been given by the authorized county official or officials.
Indiana Administrative Code › Title 290 - DEPARTMENT OF HOMELAND SECURITY › Article 2 - SEVERE WEATHER WARNING SIRENS › Rule 1 - Severe Weather Warning Siren Planning › Section 1-8 - Conditions for activation of severe weather warning sirens

Current through July 10, 2024
Authority: IC
				  36-8-21.5-9
Affected: IC 36-8-21.5
Sec. 8.
(a) The
				standards and guidelines in this section outline potential conditions under
				which severe weather warning sirens shall or may be activated in order to alert
				people to an imminent weather hazard and prompt them to take shelter. The
				decision of whether to activate severe weather warning sirens is a local
				decision, to be made by the officials described in section 6 of this rule. This
				local decision making process shall be outlined in the county siren coverage
				plan.
(b) Severe weather warning
				sirens shall be activated in areas for which the National Weather Service (NWS)
				has issued a tornado warning.
(c)
				Severe weather warning sirens may be activated, in the absence of an NWS
				tornado warning, when reliable reports from law enforcement, trained weather
				spotters, or other public safety officials indicate a tornado has touched down
				in the area.
(d) Severe weather
				warning sirens may be activated during a severe thunderstorm warning, but only
				if destructive winds of seventy-five (75) miles per hour or greater have been
				confirmed.
(e) Severe weather
				warning sirens may be activated under other circumstances as defined and
				identified within the county's siren coverage plan.
(f) Severe weather warning sirens shall not
				be activated merely because the NWS has issued a tornado warning for a
				neighboring county.
(g) Once severe
				weather warning sirens have been activated, counties shall not utilize sirens
				to send an "all-clear" tone. There are many other methods to advise the public
				of an all clear, which are less likely to confuse members of the
				public.
(h) Severe weather warning
				sirens shall be tested on a regular schedule (at least monthly) on Fridays at
				11 a.m. local time using the same alert sound that is used during an actual
				emergency weather condition. Testing of sirens shall not be done if
				thunderstorms are in the area, to avoid confusing the public. Testing may be
				suspended if the temperature is less than thirty-two (32) degrees Fahrenheit to
				avoid the maintenance problems that might otherwise result.
Indiana Administrative Code › Title 290 - DEPARTMENT OF HOMELAND SECURITY › Article 2 - SEVERE WEATHER WARNING SIRENS › Rule 1 - Severe Weather Warning Siren Planning › Section 1-9 - Siren coverage report; content

Current through July 10, 2024
Authority: IC
				  36-8-21.5-9
Affected: IC
				  36-8-21.5-11;
				  IC
				  36-8-21.5-13
Sec. 9.
(a) The
				siren coverage report is the first step in the process of a county deciding to
				prepare a siren coverage plan under IC
				36-8-21.5-13.
(b) A county legislative body may elect to
				prepare a siren coverage report at any time.
(c) A siren coverage report shall include a
				description of all existing and planned severe weather warning sirens in the
				county as of the date of the report including the information required under IC
				36-8-21.5-11.
(d) The coverage report must contain the
				technical and other specifications for the severe weather warning sirens
				required under IC
				36-8-21.5-11(b).
Indiana Administrative Code › Title 290 - DEPARTMENT OF HOMELAND SECURITY › Article 2 - SEVERE WEATHER WARNING SIRENS › Rule 1 - Severe Weather Warning Siren Planning › Section 1-10 - Submission of county siren coverage report

Current through July 10, 2024
Authority: IC
				  36-8-21.5-9
Affected: IC
				  36-8-21.5-10;
				  IC
				  36-8-21.5-11
Sec. 10.
(a) In
				order for a county to complete the process of finalizing their siren coverage
				report, the county must submit the report to the IDHS in accordance with IC
				36-8-21.5-11.
				Not later than six (6) months after a county submits a report, the IDHS shall:
(1) review the siren coverage
				report;
(2) determine and advise
				the county if any information required under IC
				36-8-21.5-11
				is absent or not adequately addressed; and
(3) make any recommendations to the county
				that the IDHS determines to be necessary to ensure a comprehensive outdoor
				warning system exists within that county. The objective of the outdoor warning
				system will be to provide a timely and adequate alert and warning of severe
				weather conditions to all residents of the county either by being in range of a
				severe weather warning siren or by such other alternate means and methods as
				are provided for by the county.
Indiana Administrative Code › Title 290 - DEPARTMENT OF HOMELAND SECURITY › Article 2 - SEVERE WEATHER WARNING SIRENS › Rule 1 - Severe Weather Warning Siren Planning › Section 1-12 - Adoption of siren coverage plan

Current through July 10, 2024
Authority: IC
				  36-8-21.5-9,
				  IC
				  36-8-21.5-13
Affected: IC 5-3-1; IC
				  36-8-21.5-13;
				  IC
				  36-8-21.5-14
Sec. 12.
(a) Before
				adopting the siren coverage plan prepared under this rule, the county
				legislative body must give the required legal notice or notices of and hold at
				least one (1) public hearing on the plan as provided for in IC
				36-8-21.5-13.
(b) The county legislative body must publish
				a legal advertisement, in accordance with IC 5-3-1, containing a schedule
				stating the time and place of each hearing. The schedule must also state where
				the entire plan is on file and that it can be examined in its entirety for at
				least ten (10) days before each scheduled hearing. At the time the legal
				advertisement is placed, the county shall send a copy of the legal notice to
				IDHS, ATTN: executive director.
(c)
				After considering any comments made at the hearing, the county legislative body
				may adopt the plan as originally proposed or as modified by the county
				legislative body after the hearing. The plan shall then be submitted to the
				IDHS to enable IDHS to assist the county to implement the plan and, if
				available, obtain federal or other grants to enable the county to implement the
				plan.
(d) A siren coverage plan
				adopted under this section takes effect on January 1 after its adoption. Each
				county adopting a siren coverage plan shall incorporate the siren coverage plan
				into its comprehensive emergency management plan and capital improvement plan,
				as appropriate.
(e) In accordance
				with IC
				36-8-21.5-14,
				the IDHS shall assist a county that adopts a siren coverage plan in its
				implementation of the plan and shall provide advice and guidance to counties of
				any federal grant opportunities that exist or that come into existence to
				enable the county to implement its plan. If an available federal grant is from
				the U.S. Department of Homeland Security, the IDHS will assist the county
				making a request to obtain such grant funding.
Indiana Administrative Code › Title 305 - INDIANA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Article 1 - PROFESSIONAL GEOLOGISTS › Rule 1 - Administration and Review › Section 1-1 - Administration

Current through July 10, 2024
Authority: IC  25-17.6-3-12
Affected: IC 25-17.6
Sec. 1.
(a) The board administers this article with the assistance of the state geologist and the Indiana Geological & Water Survey.
(b) The board shall consist of the following:
(1) The state geologist.
(2) Three (3) members who are licensed professional geologists.
(3) One (1) member who represents the public at large.
Indiana Administrative Code › Title 305 - INDIANA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Article 1 - PROFESSIONAL GEOLOGISTS › Rule 1 - Administration and Review › Section 1-2 - Administrative review and judicial review

Current through July 10, 2024
Authority: IC 25-17.6-3-12
Affected: IC 4-21.5-1-15; IC 4-21.5-5-5; IC 14-10-2-2; IC 25-17.6
Sec. 2.
(a) The board shall notify a person who is denied a new license, denied a renewal license, has a license suspended, or has a license revoked of the following:
(1) The reason for the action.
(2) How the person may take administrative review and that any administrative review must be initiated within thirty (30) days of the action.
Indiana Administrative Code › Title 305 - INDIANA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Article 1 - PROFESSIONAL GEOLOGISTS › Rule 2 - Definitions › Section 2-1 - Applicability

Current through July 10, 2024
Authority: IC  25-17.6-3-12
Affected: IC  25-17.6-1
Sec. 1.
The definitions in this rule apply throughout this article.
Indiana Administrative Code › Title 305 - INDIANA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Article 1 - PROFESSIONAL GEOLOGISTS › Rule 2 - Definitions › Section 2-2 - "Board" defined

Current through July 10, 2024
Authority: IC  25-17.6-3-12
Affected: IC 25-17.6
Sec. 2.
"Board" means Indiana board of licensure for professional geologists.
Indiana Administrative Code › Title 305 - INDIANA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Article 1 - PROFESSIONAL GEOLOGISTS › Rule 2 - Definitions › Section 2-3 - "Conviction" defined

Current through July 10, 2024
Authority: IC  25-17.6-3-12
Affected: IC 25-17.6
Sec. 3.
"Conviction" means a verdict of guilty, plea of guilty, or plea of nolo contendere.
Indiana Administrative Code › Title 305 - INDIANA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Article 1 - PROFESSIONAL GEOLOGISTS › Rule 2 - Definitions › Section 2-3.5 - "Geologist" defined

Current through July 10, 2024
Authority: IC  25-17.6-3-12
Affected: IC 25-17.6
Sec. 3.5.
"Geologist" means a person who is qualified by the person's knowledge of the principles of geology acquired by:
(1) professional education; and
(2) practical experience.
Indiana Administrative Code › Title 305 - INDIANA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Article 1 - PROFESSIONAL GEOLOGISTS › Rule 2 - Definitions › Section 2-3.7 - "Geology" defined

Current through July 10, 2024
Authority: IC  25-17.6-3-12
Affected: IC 25-17.6
Sec. 3.7.
"Geology" means a science that has the following characteristics:
(1) Treats the earth as a whole.
(2) Includes the:
(A) investigation;
(B) analysis;
(C) classification; and
(D) location; of the rocks and other materials that compose the earth's crust as they relate to geologic processes.
Indiana Administrative Code › Title 305 - INDIANA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Article 1 - PROFESSIONAL GEOLOGISTS › Rule 2 - Definitions › Section 2-4 - "Geosciences profession" defined

Current through July 10, 2024
Authority: IC  25-17.6-3-12
Affected: IC 25-17.6
Sec. 4.
"Geosciences profession" is a short form, sometimes used in the plural, denoting the collective disciplines of the geological sciences and is generally synonymous with the term "geology".
Indiana Administrative Code › Title 305 - INDIANA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Article 1 - PROFESSIONAL GEOLOGISTS › Rule 2 - Definitions › Section 2-4.7 - "License" defined

Current through July 10, 2024
Authority: IC  25-17.6-3-12
Affected: IC 25-17.6
Sec. 4.7.
"License" means a document issued by the board to permit a person to engage in an activity regulated by IC 25-17.6.
Indiana Administrative Code › Title 305 - INDIANA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Article 1 - PROFESSIONAL GEOLOGISTS › Rule 2 - Definitions › Section 2-5 - "Licensed professional geologist" defined

Current through July 10, 2024
Authority: IC  25-17.6-3-12
Affected: IC  25-17.6-1-6.5
Sec. 5.
"Licensed professional geologist" refers to a licensed professional geologist as defined by IC  25-17.6-1-4
[IC  25-17.6-1-4 was repealed by P.L. 17-1999, SECTION 35, effective July 1, 1999. See IC  25-17.6-1-6.5.]
.
Indiana Administrative Code › Title 305 - INDIANA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Article 1 - PROFESSIONAL GEOLOGISTS › Rule 2 - Definitions › Section 2-6 - "Professional geological work" defined

Current through July 10, 2024
Authority: IC 25-17.6-3-12
Affected: IC 25-17.6
Sec. 6.
(a) "Professional geological work" means the application of principles, theories, and laws of geology along with the body of knowledge encompassed by the science at an advanced and skillful level requiring experience in the geological profession and the capability of interpretation of geological data.
(b) Examples of activities that may qualify as professional geological work are consultation, research, evaluation, or planning of geological systems, works, or projects including, but not limited to, one (1) or more of the following:
(1) Land reclamation.
(2) Construction.
(3) Location, prediction of the location, evaluation, or development or production of petroleum, natural gas, coal, metallic and nonmetallic minerals, ground water, and other geological resources.
(4) Assessment of geologic hazards, such as landslides, earthquakes, and land subsidence.
(5) Environmental geology.
(6) Hydrogeology.
Indiana Administrative Code › Title 305 - INDIANA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Article 1 - PROFESSIONAL GEOLOGISTS › Rule 2 - Definitions › Section 2-6.3 - "Public practice of geology" defined

Current through July 10, 2024
Authority: IC  25-17.6-3-12
Affected: IC 25-17.6
Sec. 6.3.
(a) "Public practice of geology" means the performance of service to the public in connection with the geological description, location, or evaluation of:
(1) geologic materials, liquids, and gases; and
(2) the natural processes acting upon them.
Indiana Administrative Code › Title 305 - INDIANA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Article 1 - PROFESSIONAL GEOLOGISTS › Rule 2 - Definitions › Section 2-7 - "Qualified geologist" defined

Current through July 10, 2024
Authority: IC  25-17.6-3-12
Affected: IC 25-17.6
Sec. 7.
"Qualified geologist" means a person who possesses the qualifications to be a licensed professional geologist under IC 25-17.6 and this article but who is not certified in Indiana.
Indiana Administrative Code › Title 305 - INDIANA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Article 1 - PROFESSIONAL GEOLOGISTS › Rule 2 - Definitions › Section 2-8 - "Responsible position" defined

Current through July 10, 2024
Authority: IC  25-17.6-3-12
Affected: IC 25-17.6
Sec. 8.
"Responsible position" means a position which, in order to perform geological work or supervise geological work, requires both of the following:
(1) The exercise of control over a task or tasks independent of immediate supervision.
(2) The use of initiative, skill, and independent judgment.
Indiana Administrative Code › Title 305 - INDIANA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Article 1 - PROFESSIONAL GEOLOGISTS › Rule 2 - Definitions › Section 2-9 - "State geologist" defined

Current through July 10, 2024
Authority: IC  25-17.6-3-12
Affected: IC 25-17.6
Sec. 9.
"State geologist" means the person in charge of the Indiana geological survey established by IC  20-12-28
[IC 20-12 was repealed by P.L. 2-2007, SECTION 390, effective July 1, 2007.]
.
Indiana Administrative Code › Title 305 - INDIANA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Article 1 - PROFESSIONAL GEOLOGISTS › Rule 2 - Definitions › Section 2-10 - "Survey" defined

Current through July 10, 2024
Authority: IC  25-17.6-3-12
Affected: IC 25-17.6
Sec. 10.
"Survey" refers to the Indiana geological survey established by IC  20-12-28
[IC 20-12 was repealed by P.L. 2-2007, SECTION 390, effective July 1, 2007.]
.
Indiana Administrative Code › Title 305 - INDIANA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Article 1 - PROFESSIONAL GEOLOGISTS › Rule 3 - Issuance, Renewal, and Denial of Geologist Licensures › Section 3-1 - Application for geologist licensure

Current through July 10, 2024
Authority: IC  25-17.6-3-12
Affected: IC 25-17.6
Sec. 1.
(a) A person seeking a new license must file with the survey an application completed under this section on a form approved by the board.
(b) Information that an applicant must provide in the application includes the following:
(1) Educational background at the undergraduate level and, if applicable, the graduate level. This background includes an official transcript of college credits.
(2) Professional geological work. A person who has taught geological science at the college level must provide information about the level course or courses and the number of hours taught during each semester.
(3) Affiliations with any scientific and technical society, including the grade of membership and whether the applicant is certified or registered by the society.
(4) References from three (3) persons in a geosciences profession attesting the applicant adheres to high professional and ethical standards.
(5) Any other information reasonably required to evaluate the applicant's character, knowledge of geology, and experience in application of the knowledge of geology.
Indiana Administrative Code › Title 305 - INDIANA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Article 1 - PROFESSIONAL GEOLOGISTS › Rule 3 - Issuance, Renewal, and Denial of Geologist Licensures › Section 3-2 - Qualifications for licensure

Current through July 10, 2024
Authority: IC  25-17.6-3-12
Affected: IC 25-17.6
Sec. 2.
(a) Qualification as a licensed professional geologist is based on a person's knowledge of the principles and techniques of geology and on the level of experience in the application of those principles and techniques. This section establishes standards that must be satisfied by an applicant for a new license.
(b) The board shall approve general principles for a written examination to determine whether an applicant possesses a comprehensive knowledge of geological science. The examination shall be provided by the survey at least twice in each calendar year. A reasonable examination fee shall be set and revised from time to time by the board. An applicant who files a completed application for a new license must also successfully complete the written examination.
(c) An applicant for a new license must also establish that the applicant meets each of the following requirements before approval as a licensed professional geologist:
(1) Has not engaged in unethical conduct.
(2) Meets the following educational requirements: Successful completion of at least thirty (30) semester hours or forty-five (45) quarter hours of course work in geology, culminating in a baccalaureate or advanced degree in geology, geophysics, geochemistry, geological engineering, or geotechnical engineering from an accredited college or university. At the discretion of the board, courses dealing with applied geological science that are given under the auspices of an academic department other than geology may be considered toward the fulfillment of this requirement.
(3) Experience in professional geological work consisting of some combination of the following:
(A) Five (5) years of teaching geology as a faculty member at the college or university level.
(B) Five (5) years of postdoctoral research in geology, geophysics, geochemistry, geological engineering, or geotechnical engineering at an accredited college or university.
(C) Five (5) years of geological work performed under the supervision of, or in collaboration with, a licensed professional geologist.
(D) Seven (7) years of professional geological work.
(4) The following criteria of education and experience qualify toward accumulation of the required number of years of professional geological work under subdivision (3):
(A) One (1) year of credit each for a master's degree or doctoral degree in geology, geophysics, geochemistry, geological engineering, or geotechnical engineering.
(B) Each year of teaching in the geological sciences at the college level equals one (1) year of professional geological work, where the total teaching experience includes six (6) semester hours per semester for at least two (2) semesters (or the equivalent if other than a semester system) of third-year or fourth-year undergraduate level courses or graduate level courses.
Indiana Administrative Code › Title 305 - INDIANA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Article 1 - PROFESSIONAL GEOLOGISTS › Rule 3 - Issuance, Renewal, and Denial of Geologist Licensures › Section 3-3 - Issuance of a new license

Current through July 10, 2024
Authority: IC  25-17.6-3-12
Affected: IC 25-17.6
Sec. 3.
(a) Upon satisfaction of sections 1 and 2 of this rule, the board shall issue a new license to an applicant.
(b) Each individual shall be assigned a license number. A license number cannot be transferred or reassigned to a person other than the one to whom it was originally issued.
(c) The survey shall issue the following to each licensed professional geologist:
(1) A printed license with a seal to evidence the approval. The printed license shall include the following:
(A) The full name of the licensed professional geologist.
(B) The date of licensure.
(C) The license number.
(D) The signature of the state geologist.
(E) The official seal of the state.
(F) A card that includes the essential information from the license.
Indiana Administrative Code › Title 305 - INDIANA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Article 1 - PROFESSIONAL GEOLOGISTS › Rule 3 - Issuance, Renewal, and Denial of Geologist Licensures › Section 3-4 - Issuance of a renewal certificate

Current through July 10, 2024
Authority: IC  25-17.6-3-12
Affected: IC  4-21.5-3-4; IC 25-17.6
Sec. 4.
(a) A license expires three (3) years after the date of issuance. A request for renewal must be accompanied by a fee of one hundred fifty dollars ($150) by check, money order, or other means as determined by the survey. The renewal will be issued unless the board determines the applicant no longer qualifies as a licensed professional geologist under IC 25-17.6 and this article. IC  4-21.5-3-4(d)  applies to this subsection.
(b) The survey shall mail a renewal notice to each licensed professional geologist at least sixty (60) days before the expiration of the license. The notice shall be directed to the most recent mailing address provided to the survey by the licensed professional geologist.
(c) If the renewal fee is not paid when due, the license is invalidated. The name of the holder shall be deleted from future rosters of the licensed professional geologists unless:
(1) a late renewal fee of one hundred sixty-five dollars ($165) is paid by the applicant before the expiration of two (2) years from the date of its invalidation; or
(2) the certificate is reinstated by the board.
Indiana Administrative Code › Title 305 - INDIANA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Article 1 - PROFESSIONAL GEOLOGISTS › Rule 3 - Issuance, Renewal, and Denial of Geologist Licensures › Section 3-5 - Suspension and revocation of a license

Current through July 10, 2024
Authority: IC  25-17.6-3-12
Affected: IC  4-21.5-3-8; IC  25-17.6-8-1
Sec. 5.
(a) The board may issue a complaint under IC  4-21.5-3-8 to suspend or revoke a license, or may refuse to renew a license, when a licensed professional geologist is found responsible for any violation of IC  25-17.6-8-1.
(b) Any violation of IC 25-17.6 or this article is a violation of the code of ethics of the board as prescribed by IC  25-17.6-8-1(4).
Indiana Administrative Code › Title 305 - INDIANA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS › Article 1 - PROFESSIONAL GEOLOGISTS › Rule 3 - Issuance, Renewal, and Denial of Geologist Licensures › Section 3-6 - Informal hearings before the board

Current through July 10, 2024
Authority: IC  25-17.6-3-12
Affected: IC 4-21.5; IC 25-17.6
Sec. 6.
(a) The board may conduct informal hearings to consider the issuance of a new license, the renewal of a license, the denial or suspension of a license, or any other matter pertaining to the validity of an individual license.
(b) An informal hearing under this section is not subject to IC 4-21.5 and is not governed by formal rules of evidence. The board is not required to record a hearing held under this section.