reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 5 - LIBRARIAN CERTIFICATION › Rule 1.1 - Definitions › Section 1.1-8 - "Introductory library education" defined

Current through July 10, 2024
Authority: IC 36-12-11-5
Affected: IC 36-12-11
Sec. 8.
"Introductory library education" means at least nine (9)
				  semester hours or twelve (12) quarter hours of approved library science
				  education, taken through an accredited college or university. College level
				  library science courses that educate the Librarian Certificate 6 in job
				  responsibilities, the function and theory of public library operations, and the
				  overall mission of the public library will be accepted.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 5 - LIBRARIAN CERTIFICATION › Rule 1.1 - Definitions › Section 1.1-9 - "LEU" defined

Current through July 10, 2024
Authority: IC 36-12-11-5
Affected: IC 36-12-11
Sec. 9.
"LEU" means library education unit and refers to units
				  earned by librarians from approved courses, workshops, and other activities in
				  which librarians participate and that are used to establish librarian
				  eligibility for certificate renewal. For librarians holding a temporary permit,
				  LEUs are considered separate and additional to the required education and
				  experience needed to obtain the permanent certificate.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 5 - LIBRARIAN CERTIFICATION › Rule 1.1 - Definitions › Section 1.1-10 - "Library education provider" defined

Current through July 10, 2024
Authority: IC 36-12-11-5
Affected: IC 36-12-11
Sec. 10.
"Library education provider" means an individual or group
				  that will provide an educational course or workshop for which attendees may
				  receive LEUs.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 5 - LIBRARIAN CERTIFICATION › Rule 1.1 - Definitions › Section 1.1-11 - "Local library board" defined

Current through July 10, 2024
Authority: IC 36-12-11-5
Affected: IC 36-12-11
Sec. 11.
"Local library board" refers to the fiscal and
				  administrative body of a public library.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 5 - LIBRARIAN CERTIFICATION › Rule 1.1 - Definitions › Section 1.1-12 - "Minimum library education" defined

Current through July 10, 2024
Authority: IC 36-12-11-5
Affected: IC 36-12-11
Sec. 12.
"Minimum library education" means at least nine (9) semester
				  hours or twelve (12) quarter hours of approved library science education, taken
				  with or after completion of two (2) years of academic education in an
				  accredited college or university. This education is designated to meet the
				  minimum essential needs of small public libraries for purposes of certifying
				  positions of Librarian Certificate 5. Courses must be worth at least three (3)
				  semester hours or four (4) quarter hours each.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 5 - LIBRARIAN CERTIFICATION › Rule 1.1 - Definitions › Section 1.1-13 - "Professional assistant" defined

Current through July 10, 2024
Authority: IC 36-12-11-5
Affected: IC 36-12-11
Sec. 13.
(a)
				"Professional assistant" includes positions in which the person devotes more
				than seventy-five percent (75%) of their time to work that requires either of
				the following:
(1) Knowledge of professional
				library practice, and development and management of collections and technical
				library processes.
(2) The ability
				to deal with people in a professional capacity as distinguished from
				clerical.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 5 - LIBRARIAN CERTIFICATION › Rule 1.1 - Definitions › Section 1.1-14 - "Professional position" defined

Current through July 10, 2024
Authority: IC 36-12-11-5
Affected: IC 36-12-11
Sec. 14.
"Professional position" includes staff classified as
				  directors, branch heads, department heads of a public library system, and
				  professional assistants.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 5 - LIBRARIAN CERTIFICATION › Rule 2 - General Provisions › Section 2-1 - Library certification law

Current through July 10, 2024
Authority: IC 36-12-11-5
Affected: IC 36-12-11-6
Sec. 1.
IC 36-12-11-6 refers to all professional positions as
				  distinguished from clerical positions that do not require certification. See
				  the definition of "professional position" at 590 IAC 5-1.1-14.
This version of section effective January 1, 2023. See
					 also preceding version of section, effective until January 1,
					 2023.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 5 - LIBRARIAN CERTIFICATION › Rule 2 - General Provisions › Section 2-2 - Authority of certification board

Current through July 10, 2024
Authority: IC
				  36-12-11-5
Affected: IC 36-12-11
Sec. 2.
The Indiana library and historical board, in accordance with
				  IC 36-12-11, makes the final determination as to what grades of certificate are
				  required for directors, department heads or branch heads, and professional
				  assistants of public libraries.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 5 - LIBRARIAN CERTIFICATION › Rule 2 - General Provisions › Section 2-3 - Validity of old certificates

Current through July 10, 2024
Authority: IC
				  36-12-11-5
Affected: IC 36-12-11
Sec. 3.
(a) A library
				staff member employed by a library district upon adoption of this
				administrative rule (May 30, 2008) will not be required to meet new educational
				and experience requirements as adopted under this article. The waiver of a
				staff member's education and experience requirements will remain fully valid
				only for the staff member's present position level within their present library
				district, or successor district in the case of a library merger. The staff
				member may obtain a new certificate, provided the staff member fully meets the
				required qualifications for the grade of certificate sought, and provided such
				new certificate is applied for and processed in the same manner as other
				certificates issued under this article. The staff member will be required to
				meet library education requirements to retain valid certification and to pay
				the fees required for renewal.
(b)
				Any uncertified staff member who moves from their present position level at
				their present library district after the adoption of this administrative rule
				to a position that requires certification shall apply for certification prior
				to the seventh month of holding the position.
(c) New specialist certificates will not be
				issued after January 1, 2023. A library staff member who held a position that
				required certification and had an active specialist certificate that was issued
				before January 1, 2023, may renew the specialist certificate in lieu of meeting
				the educational and experience requirements for librarian certification. To
				renew a specialist certificate described in this subsection, the staff member
				must meet the following library education requirements and pay the fees
				required for renewal:
(1) Renewal for a
				Specialist Certificate 1, 2, or 3 requires completion of seventy-five (75) LEUs
				in five (5) years.
(2) Renewal for
				a Specialist Certificate 4 or 5 requires completion of fifty (50) LEUs in five
				(5) years.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 5 - LIBRARIAN CERTIFICATION › Rule 2 - General Provisions › Section 2-4 - Length of certificate

Current through July 10, 2024
Authority: IC
				  36-12-11-5
Affected: IC 36-12-11
Sec. 4.
Certificates issued on the basis of prescribed
				  qualifications are valid for five (5) years and are renewable upon meeting
				  applicable requirements.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 5 - LIBRARIAN CERTIFICATION › Rule 2 - General Provisions › Section 2-5 - Exempt librarians and voluntary certification

Current through July 10, 2024
Authority: IC
				  36-12-11-5
Affected: IC 36-12-11
Sec. 5.
A certificate issued by the Indiana library and historical
				  board is not required, under the law, for appointment to positions in school
				  libraries and libraries of educational institutions. A librarian in such a
				  library or in any private library may voluntarily make application for a
				  certificate. If the applicant is found to be qualified for the grade of
				  certificate requested, the applicant shall be given the certificate in the same
				  manner and subject to the same conditions as pertain to certificates of
				  librarians in public libraries. As used in this section, "private library"
				  means any library not supported by public funds.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 5 - LIBRARIAN CERTIFICATION › Rule 2 - General Provisions › Section 2-6 - Military service

Current through July 10, 2024
Authority: IC
				  36-12-11-5
Affected: IC 36-12-11
Sec. 6.
Any service in the armed forces shall be accepted in lieu of
				  library experience provided an applicant held a professional library position
				  prior to his or her military service and at that time held qualifications
				  entitling him or her to an Indiana library certificate.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 5 - LIBRARIAN CERTIFICATION › Rule 2 - General Provisions › Section 2-7 - Reciprocity

Current through July 10, 2024
Authority: IC
				  36-12-11-5
Affected: IC 36-12-11
Sec. 7.
(a) Anyone
				presenting a certificate for public library service from any other state shall
				be required to obtain an Indiana certificate in order to qualify for public
				library service in Indiana. In granting this certificate, due recognition shall
				be given to a certificate that may be presented from the other state in terms
				of the special qualifications it represents as these qualifications apply under
				the certification requirements of Indiana. In all cases, due consideration will
				be given to the educational standards and recommendations of the American
				Library Association.
(b)
				Individuals who have library education and experience from another country may
				apply for an Indiana certificate. For Librarian Certificate grades 1 through 3,
				the individual must have a degree from a master's level program in library and
				information studies accredited or recognized by the appropriate national body
				of another country. For Librarian Certificate grades 4 through 7, the applicant
				must demonstrate that his or her education is comparable to that required by
				the United States' applicants for the same certificate level, and any bachelor
				degree must be from a college or university accredited or recognized by the
				appropriate national body of another country.
This version of section effective January 1, 2017. See also
					 preceding version of section, effective until January 1,
					 2017.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 5 - LIBRARIAN CERTIFICATION › Rule 3 - Certification Application; Fees › Section 3-1 - Application requirements

Current through July 10, 2024
Authority: IC 36-12-11-5
Affected: IC 36-12-11
Sec. 1.
The following are requirements for new applicants for
				  certification:
(1) Newly hired staff
				members shall apply for certification prior to the seventh month of holding the
				position.
(2) The application must
				be on a form prescribed and supplied by the Indiana library and historical
				board and shall indicate in the designated place the position occupied by the
				applicant. The application must also indicate in the designated place the grade
				of certificate requested or proposed for the applicant.
(3) A person who is not presently under
				employment in an Indiana library may make application for a certificate on the
				prescribed form.
(4) The applicant
				shall submit to the Indiana library and historical board official verification
				of the academic and library education claimed before a certificate is
				granted.
(5) Certificates will be
				issued to persons who give proof of qualifications prescribed by the Indiana
				library and historical board for a requisite grade of certificate. Application
				for such certificate shall be made on the prescribed form, accompanied by the
				prescribed fee as established in section 3 of this rule. Such certificates
				shall be valid in respect to the level of positions they are designed to
				cover.
(6) The qualifications in
				590 IAC
				5-4 for each grade of certificate are minimum
				requirements. Certificates issued therefore represent minimum standards of
				competence for the various levels of positions. Libraries may require higher
				qualifications for appointments to their staff, but cannot lawfully appoint to
				positions persons who have lower qualifications than those called for by the
				grades of certificates pertaining to the levels of position as prescribed by
				the Indiana library and historical board.
This version of section effective January 1, 2023. See
					 also preceding version of section, effective until January 1,
					 2023.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 5 - LIBRARIAN CERTIFICATION › Rule 3 - Certification Application; Fees › Section 3-2 - Temporary permits

Current through July 10, 2024
Authority: IC
				  36-12-11-5
Affected: IC 36-12-11
Sec. 2.
(a) A
				temporary permit may be issued at the request of a local library board to cover
				a substitute or temporary employee or an acting or interim appointee who does
				not at the time of assuming duties fully meet the requirements for the
				appropriate grade of certificate. Application for such temporary permit must be
				made prior to the seventh month of assuming duties. Regardless of the date of
				such application, the effective date of the first temporary permit shall be the
				date six (6) months after first assuming the duties of the covered position. A
				temporary permit is valid for one (1) year. It can only be renewed by special
				authorization of the Indiana library and historical board two (2) times.
				Application for such renewal shall be approved and requested by the local
				library board and shall be accompanied by:
(1) proof of the employee having completed
				ten (10) LEUs; and
(2) a statement
				indicating the employee's progress toward meeting the requirements for the
				requisite permanent certificate. Application for a temporary permit shall be
				made on the regular form prescribed for all certificates and shall be
				accompanied by the prescribed fee as established in section 3 of this
				rule.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 5 - LIBRARIAN CERTIFICATION › Rule 3 - Certification Application; Fees › Section 3-3 - Fees

Current through July 10, 2024
Authority: IC
				  36-12-11-5
Affected: IC 36-12-11
Sec. 3.
The fee for regular certification shall be fifty dollars
				  ($50). The fee for each temporary permit shall be ten dollars ($10).
This version of section effective January 1, 2023. See
					 also preceding version of section, effective until January 1,
					 2023.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 5 - LIBRARIAN CERTIFICATION › Rule 4 - Certification Requirements › Section 4-1 - Certification plan

Current through July 10, 2024
Authority: IC
				  36-12-11-5
Affected: IC 36-12-11
Sec. 1.
The population figures used in this rule are those figures
				  officially released in the latest United States decennial census.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 5 - LIBRARIAN CERTIFICATION › Rule 4 - Certification Requirements › Section 4-2 - Librarian Certificate 1

Current through July 10, 2024
Authority: IC
				  36-12-11-5
Affected: IC 36-12-11
Sec. 2.
(a) The
				Librarian Certificate 1 position shall be the required minimum grade of
				certificate for directors of libraries serving a population greater than
				thirty-nine thousand nine hundred ninety-nine (39,999) and for other comparable
				professional positions as determined by the Indiana library and historical
				board.
(b) Qualification
				requirements for the Librarian Certificate 1 position are as follows:
(1) Graduation from an accredited college or
				university.
(2) A diploma or
				certificate awarding an ALA accredited master's degree.
(3) Ten (10) years of relevant library
				experience, or six (6) years of relevant library experience, including at least
				three (3) years of administrative experience.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 5 - LIBRARIAN CERTIFICATION › Rule 4 - Certification Requirements › Section 4-3 - Librarian Certificate 2

Current through July 10, 2024
Authority: IC
				  36-12-11-5
Affected: IC 36-12-11
Sec. 3.
(a) The
				Librarian Certificate 2 position shall be the required minimum grade of
				certificate for directors of libraries serving a population of at least ten
				thousand one (10,001) but fewer than forty thousand (40,000), and for other
				comparable professional positions as determined by the Indiana library and
				historical board.
(b) Qualification
				requirements for the Librarian Certificate 2 position are as follows:
(1) Graduation from an accredited college or
				university.
(2) A diploma or
				certificate awarding an ALA accredited master's degree.
(3) Three (3) years of relevant library
				experience.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 5 - LIBRARIAN CERTIFICATION › Rule 4 - Certification Requirements › Section 4-4 - Librarian Certificate 3

Current through July 10, 2024
Authority: IC
				  36-12-11-5
Affected: IC 36-12-11
Sec. 4.
Qualification requirements for the Librarian Certificate 3
				  are as follows:
(1) Graduation from an
				accredited college or university.
(2) A diploma or certificate awarding an ALA
				accredited master's degree.
This version of section effective January 1, 2023. See
					 also preceding version of section, effective until January 1,
					 2023.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 5 - LIBRARIAN CERTIFICATION › Rule 4 - Certification Requirements › Section 4-5 - Librarian Certificate 4

Current through July 10, 2024
Authority: IC
				  36-12-11-5
Affected: IC 36-12-11
Sec. 5.
(a) The
				Librarian Certificate 4 position shall be the required minimum grade of
				certificate for directors of libraries serving a population of at least three
				thousand one (3,001) but fewer than ten thousand one (10,001), for department
				and branch heads of libraries serving a population greater than thirty-nine
				thousand nine hundred ninety-nine (39,999), and for other comparable
				professional positions as determined by the Indiana library and historical
				board.
(b) Qualification
				requirements for the Librarian Certificate 4 position are as follows:
(1) Bachelor's degree from an accredited
				college or university.
(2) At least
				fifteen (15) semester hours or twenty (20) quarter hours of intermediate
				library education.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 5 - LIBRARIAN CERTIFICATION › Rule 4 - Certification Requirements › Section 4-6 - Librarian Certificate 5

Current through July 10, 2024
Authority: IC
				  36-12-11-5
Affected: IC 36-12-11
Sec. 6.
(a) The
				Librarian Certificate 5 position shall be the required minimum grade of
				certificate for professional assistants of libraries serving a population
				greater than thirty-nine thousand nine hundred ninety-nine (39,999), for
				department and branch heads of libraries serving a population of at least ten
				thousand one (10,001) but fewer than forty thousand (40,000), and for other
				comparable professional positions as determined by the Indiana library and
				historical board.
(b) Qualification
				requirements for the Librarian Certificate 5 position are as follows:
(1) Successful completion of at least sixty
				(60) semester hours or ninety (90) quarter hours of academic education at an
				accredited college or university.
(2) At least nine (9) semester hours or
				twelve (12) quarter hours of minimum library education.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 5 - LIBRARIAN CERTIFICATION › Rule 4 - Certification Requirements › Section 4-7 - Librarian Certificate 6

Current through July 10, 2024
Authority: IC
				  36-12-11-5
Affected: IC 36-12-11
Sec. 7.
(a) The
				Librarian Certificate 6 position shall be the required minimum grade of
				certificate for professional assistants of libraries serving a population of at
				least three thousand one (3,001) but fewer than forty thousand (40,000), for
				department and branch heads serving a population of at least three thousand one
				(3,001) but fewer than ten thousand one (10,001), and for other comparable
				professional positions as determined by the Indiana library and historical
				board.
(b) Qualification
				requirements for the Librarian Certificate 6 position are as follows:
(1) High school diploma or proof of
				successful completion of the high school equivalency exam.
(2) Three (3) years of library work
				experience or nine (9) semester hours of introductory library
				education.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 5 - LIBRARIAN CERTIFICATION › Rule 4 - Certification Requirements › Section 4-7.5 - Librarian Certificate 7

Current through July 10, 2024
Authority: IC
				  36-12-11-5
Affected: IC 36-12-11
Sec. 7.5.
(a) This
				section applies to a library serving a population of three thousand (3,000) or
				less.
(b) The director of a library
				described in subsection (a) must hold one (1) of the following certificates:
(1) A Librarian Certificate 7.
(2) A Librarian Certificate 1, 2, 3, or
				4.
(3) A Librarian Certificate 5 or
				6 issued to a director of a library described in subsection (a) before January
				1, 2023.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 5 - LIBRARIAN CERTIFICATION › Rule 4 - Certification Requirements › Section 4-13 - Specific positions

Current through July 10, 2024
Authority: IC
				  36-12-11-5
Affected: IC 36-12-11
Sec. 13.
Local requirements for specific positions shall be set by
				  the local library board. No specific recommendations are appropriate or
				  feasible for particular positions, such as children's librarian, branch
				  librarian, or bookmobile librarian, because too wide a variance in skills and
				  responsibilities is represented in these positions in different library systems
				  throughout the state. It is the responsibility of the local administration to
				  place in such positions certified personnel having the necessary training and
				  experience.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 6 - GENERAL PROVISIONS › Rule 1 - Standards of Eligibility to Receive State Funds › Section 1-1 - Purpose of rule

Current through July 10, 2024
Authority: IC  4-23-7.1-11; IC  4-23-7.1-24
Affected: IC  4-23-7.1
Sec. 1.
Standards for public libraries are established to:
(1) encourage libraries to maintain a minimum level of service; and
(2) establish criteria for eligibility to receive state and federal appropriations.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 6 - GENERAL PROVISIONS › Rule 1 - Standards of Eligibility to Receive State Funds › Section 1-2 - Definitions

Current through July 10, 2024
Authority: IC  4-23-7.1-11; IC  4-23-7.1-24
Affected: IC  4-23-7
Sec. 2.
The following definitions apply throughout this article:
(1) "Bylaws" means the rules adopted by the library board for the:
(A) government of its members; and
(B) regulation of its affairs.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 6 - GENERAL PROVISIONS › Rule 1 - Standards of Eligibility to Receive State Funds › Section 1-3 - Eligibility to receive state funds; determination

Current through July 10, 2024
Authority: IC  4-23-7-5; IC  4-23-7.1-24
Affected: IC  4-23-7.1-11; IC  36-12-11
Sec. 3.
The eligibility of a public library to receive state or federal funds and services under the provisions of any program for which the Indiana state library is the administrator shall be determined as follows:
(1) Compliance with any requirements that may be set forth in state legislation providing for such funds.
(2) Compliance with Indiana law.
(3) Compliance with the standards promulgated by the Indiana library and historical board.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 6 - GENERAL PROVISIONS › Rule 1 - Standards of Eligibility to Receive State Funds › Section 1-5 - Minimum standards for public libraries

Current through July 10, 2024
Authority: IC  4-23-7.1-11; IC  4-23-7.1-24
Affected: IC  4-23-7; IC  4-23-7.1; IC  5-14-1.5; IC  5-14-3-8; IC  6-1.1-18.5; IC  35-44.1-1-4; IC  36-1-20.2; IC  36-12-2-24
Sec. 5.
(a) The library must operate in compliance with Indiana laws, including the following:
(1) The public library law under IC 36-12.
(2) The open door law under IC  5-14-1.5 and access to public records act under IC  5-14-3.
(3) Other Indiana laws that affect municipal corporations and political subdivisions.
(4) Federal laws affecting employment practices.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 6 - GENERAL PROVISIONS › Rule 2 - Indiana Document Depository Libraries › Section 2-1 - Selection of depository documents by state library

Current through July 10, 2024
Authority: IC  4-23-7-5; IC  4-23-7.1-24
Affected: IC  4-23-7.1
Sec. 1.
Selection of documents to be sent to depository libraries shall be:
(1) made by the Indiana state library; and
(2) determined by the availability and general interest of the document.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 6 - GENERAL PROVISIONS › Rule 2 - Indiana Document Depository Libraries › Section 2-2 - Exemptions from depository program

Current through July 10, 2024
Authority: IC  4-23-7-5; IC  4-23-7.1-24
Affected: IC  4-23-7.1
Sec. 2.
Documents available only through purchase must be obtained directly from the agency of publication by the depository library, if it desires the publication.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 6 - GENERAL PROVISIONS › Rule 2 - Indiana Document Depository Libraries › Section 2-3 - Interlibrary loan and reference services required

Current through July 10, 2024
Authority: IC  4-23-7-5; IC  4-23-7.1-24
Affected: IC  4-23-7.1
Sec. 3.
Depository libraries must:
(1) provide interlibrary loan and reference service in connection with Indiana state documents to the libraries and to citizens in their respective regions; and
(2) make every effort to:
(A) see that depository documents are available to the general public; and
(B) promote their reference use.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 6 - GENERAL PROVISIONS › Rule 2 - Indiana Document Depository Libraries › Section 2-4 - Retention of depository documents

Current through July 10, 2024
Authority: IC  4-23-7-5; IC  4-23-7.1-24
Affected: IC  4-23-7.1
Sec. 4.
All depository documents must be retained at least five (5) years by the depository library.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 6 - GENERAL PROVISIONS › Rule 2 - Indiana Document Depository Libraries › Section 2-5 - Disposal of documents by university depository libraries

Current through July 10, 2024
Authority: IC  4-23-7-5; IC  4-23-7.1-24
Affected: IC  4-23-7.1
Sec. 5.
The university depository libraries must request the approval of the Indiana state library before disposing of depository documents retained five (5) years or longer.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 6 - GENERAL PROVISIONS › Rule 2 - Indiana Document Depository Libraries › Section 2-6 - Disposal of documents by secondary depository libraries

Current through July 10, 2024
Authority: IC  4-23-7-5; IC  4-23-7.1-24
Affected: IC  4-23-7.1
Sec. 6.
Secondary depository libraries may, at their own discretion, dispose of documents retained five (5) years or longer, unless the Indiana state library has given advance notice that certain documents are needed for the Indiana state library's collection.
Indiana Administrative Code › Title 590 - INDIANA LIBRARY AND HISTORICAL BOARD › Article 6 - GENERAL PROVISIONS › Rule 2 - Indiana Document Depository Libraries › Section 2-7 - Termination as depository library by request or for cause

Current through July 10, 2024
Authority: IC  4-23-7-5; IC  4-23-7.1-24
Affected: IC  4-23-7.1
Sec. 7.
(a) Any depository library has the right to relinquish its privilege at any time by addressing a letter to the director of the Indiana state library stating that the library no longer wishes to be a depository for Indiana state documents.
(b) The privilege may also be taken away by the director of the Indiana state library for failure of the library to adhere to the rules for Indiana document depository libraries.
(c) Upon termination of the depository privilege, either by request or for cause, the library shall request of the director of the Indiana state library instructions concerning disposition to be made of the depository publications of the library.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 6 - WAGES AND HOURS › Rule 1 - Definitions › Section 1-2 - "Business day" defined

Current through July 10, 2024
Authority: IC
				  22-1-1-8
Affected: IC 22-2
Sec. 2.
"Business day" means a day other than:
(1) Saturday;
(2) Sunday; or
(3) a legal holiday.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 6 - WAGES AND HOURS › Rule 1 - Definitions › Section 1-4 - "Employer" defined

Current through July 10, 2024
Authority: IC
				  22-1-1-8
Affected: IC 22-2
Sec. 4.
"Employer" means:
(1) a person;
(2) a firm;
(3) a partnership;
(4) an association;
(5) a corporation;
(6) a limited liability company;
(7) a receiver; or
(8) another entity; employing any person in
				this state.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 6 - WAGES AND HOURS › Rule 1 - Definitions › Section 1-5 - "Wages" defined

Current through July 10, 2024
Authority: IC
				  22-1-1-8
Affected: IC 22-2
Sec. 5.
"Wages" means all amounts at which the labor or service
				  rendered is compensated, whether the amount is fixed or based on:
(1) a time;
(2) a task;
(3) a piece;
(4) a commission; or
(5) any other; basis.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 6 - WAGES AND HOURS › Rule 1 - Definitions › Section 1-6 - "Work suspension" defined

Current through July 10, 2024
Authority: IC
				  22-1-1-8
Affected: IC 22-2
Sec. 6.
"Work suspension" means a suspension of work resulting from
				  an industrial dispute.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 6 - WAGES AND HOURS › Rule 2 - Wage and Hour Investigations › Section 2-1 - Scope

Current through July 10, 2024
Authority: IC
				  22-1-1-8
Affected: IC 22-2-2; IC 22-2-4; IC 22-2-5; IC 22-2-6; IC
				  22-2-9-4
Sec. 1.
This rule applies to investigations of an employer's
				  violation of state statutes related to the following matters:
(1) Payment of employment wages in the amount
				of not less than thirty dollars ($30) and not more than eight hundred dollars
				($800) due on discharge of employment or in the event of a work
				suspension.
(2) Payment of minimum
				wage.
(3) Amount and frequency of
				wage payment.
(4) Payment of
				overtime wages.
(5) Impermissible
				deductions from wages.
(6) Payment
				of wages for accrued vacation time.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 6 - WAGES AND HOURS › Rule 2 - Wage and Hour Investigations › Section 2-2 - Initiation of investigation

Current through July 10, 2024
Authority: IC
				  22-1-1-8
Affected: IC 22-2-2; IC 22-2-4; IC 22-2-6; IC
				  22-2-9-4
Sec. 2.
(a) An
				employee who has been adversely affected by an employer's violation of any of
				the matters described in section 1 of this rule may file an application for
				investigation with the department.
(b) The application for investigation must:
(1) be filed on a form designated by the
				department for that purpose;
(2) be
				complete and accurate;
(3) include
				copies of any documents that support the employee's claim; and
(4) be signed by the employee.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 6 - WAGES AND HOURS › Rule 2 - Wage and Hour Investigations › Section 2-3 - Investigations

Current through July 10, 2024
Authority: IC
				  22-1-1-8
Affected: IC
				  22-2-9-4
Sec. 3.
(a) The
				department shall review a request for investigation submitted under section 2
				of this rule. If the application:
(1) meets
				the requirements in section 2 of this rule; and
(2) alleges a violation by an employer; the
				department shall conduct an investigation.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 6 - WAGES AND HOURS › Rule 2 - Wage and Hour Investigations › Section 2-4 - Employer records

Current through July 10, 2024
Authority: IC
				  22-1-1-8
Affected: IC
				  22-1-1-15;
				  IC
				  22-1-1-17;
				  IC
				  22-2-2-8;
				  IC
				  22-2-9-4
Sec. 4.
(a) The
				department may request from an employer any records related to an investigation
				under this rule, including, but not limited to, the following:
(1) Contracts.
(2) Payroll records.
(3) Company policies and
				procedures.
(4) Court documentation
				and police reports if the employer alleges that employee theft is the cause of
				wage discrepancy.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 6 - WAGES AND HOURS › Rule 2 - Wage and Hour Investigations › Section 2-5 - Results of investigation

Current through July 10, 2024
Authority: IC
				  22-1-1-8
Affected: IC
				  22-2-2-9;
				  IC
				  22-2-4-4;
				  IC
				  22-2-5-2;
				  IC
				  22-2-9-4
Sec. 5.
(a) The
				department shall notify both the employer and the employee of the results of
				its investigation.
(b) If the
				department finds that an employer owes wages to an employee, the employer shall
				provide to the department a confirmation of payment of the wages within ten
				(10) business days of receipt of the department's findings. If the employer
				fails to provide confirmation of payment, the department shall notify both the
				employer and the employee that the wages are unpaid. In addition, the
				department will notify the employee that the employee may:
(1) bring suit against the employer for
				damages under IC
				22-2-5-2;
				and
(2) be entitled to recover
				attorney fees incurred in bringing suit.
The notice to the employee may also include referral
				  information to assist the employee in locating an attorney to represent the
				  employee in bringing suit against the employer.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 6 - WAGES AND HOURS › Rule 2 - Wage and Hour Investigations › Section 2-6 - Actions by employees against employers

Current through July 10, 2024
Authority: IC
				  22-1-1-8
Affected: IC
				  22-2-2-9;
				  IC
				  22-2-4-4;
				  IC
				  22-2-5-2;
				  IC
				  22-2-9-4
Sec. 6.
An employee is not required to request an investigation under
				  this rule before filing suit against an employer under IC
				  22-2-5-2.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 7 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING THEIR RIGHTS UNDER THE INDIANA OCCUPATIONAL SAFETY AND HEALTH ACT (IC 22-8-1.1) › Rule 1 - Applicability and Purpose › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC
				  22-1-1-8;
				  IC
				  22-8-1.1-48.1
Affected: IC 22-8-1.1
Sec. 1.
This article applies to any individual or type of
				  organization, including the state and all its political subdivisions, that has
				  in its employ one (1) or more individuals.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 7 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING THEIR RIGHTS UNDER THE INDIANA OCCUPATIONAL SAFETY AND HEALTH ACT (IC 22-8-1.1) › Rule 1 - Applicability and Purpose › Section 1-2 - Purpose

Current through July 10, 2024
Authority: IC
				  22-1-1-8;
				  IC
				  22-8-1.1-48.1
Affected: IC
				  22-8-1.1-38.1
Sec. 2.
Subject to contrary provisions of Indiana law, it is the
				  intention of the Indiana commissioner of labor to enforce IC
				  22-8-1.1-38.1
				  in the same manner the United States Department of Labor enforces
				  29 U.S.C.
				  660(c).
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 7 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING THEIR RIGHTS UNDER THE INDIANA OCCUPATIONAL SAFETY AND HEALTH ACT (IC 22-8-1.1) › Rule 2 - Incorporation by Reference › Section 2-1 - Incorporation by reference

Current through July 10, 2024
Authority: IC 22-1-1-8; IC 22-8-1.1-48.1
Affected: IC 22-8-1.1
Sec. 1.
(a) The
				commissioner of labor hereby incorporates
				29 CFR
				1977.1- 29 CFR 1977.22 of 29 CFR 1977 *
				(Discrimination Against Employees Exercising Rights Under the Williams-Steiger
				Occupational Safety and Health Act of 1970) as in effect on January 1, 2006, by
				reference.
(b) References in 29 CFR
				1977 to "business affecting commerce" or "commerce power" are ignored for the
				purposes of enforcing IC 22-8-1.1-38.1.
(c) When interpreting this article, including
				all matters incorporated by reference, the following shall apply:
(1) "The Occupational Safety and Health Act
				of 1970 (
				29
				U.S.C. 651, et seq.)" or "Act" shall refer to
				the Indiana Occupational Safety and Health Act (IC 22-8-1.1, et seq.).
				References to specific sections of The Occupational Safety and Health Act of
				1970 shall be interpreted to refer to the corresponding section under IC
				22-8-1.1 as set out in Table 1.
Table 1.
Occupational Safety and Health Act of 1970
Indiana Code section
§6(b)
IC 22-8-1.1-15.1
§6(d)
IC 22-8-1.1-20.1
§6(f)
IC 22-8-1.1-19
§8
IC 22-8-1.1-24.1
§10(c)
IC 22-8-1.1-28.2
§11(a)
IC 22-8-1.1-35.5
§11(c)
IC 22-8-1.1-38.1
(2)
				"Secretary of Labor" shall refer to the commissioner of the Indiana department
				of labor.
(3) "Occupational Safety
				and Health Review Commission" shall refer to the board of safety review created
				by IC 22-8-1.1.
(4) "Department of
				Labor" shall refer to the Indiana department of labor.
(5) "United States District Court" shall
				refer to a circuit or superior court of Indiana.
(6) "Place of Filing" in
				29 CFR
				1977.15(c) shall be replaced
				to read "Complaint should be filed with the Indiana Department of Labor,
				Indiana Government Center-South, 402 West Washington Street, Room W-195,
				Indianapolis, Indiana 46204; 317-233-5159.".
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 8 - SAFETY EDUCATION AND TRAINING › Rule 1 - Definitions › Section 1-2 - "Bureau" defined

Current through July 10, 2024
Authority: IC
				  22-1-1-2
Affected: IC
				  22-8-1.1-40
Sec. 2.
"Bureau" means the bureau of safety education and training
				  established by IC
				  22-8-1.1-40.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 8 - SAFETY EDUCATION AND TRAINING › Rule 1 - Definitions › Section 1-3 - "Consultant" defined

Current through July 10, 2024
Authority: IC
				  22-1-1-8
Affected: IC 22-8-1.1
Sec. 3.
"Consultant" means an employee of the bureau providing
				  consultative services to an employer under this article.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 8 - SAFETY EDUCATION AND TRAINING › Rule 1 - Definitions › Section 1-4 - "IOSHA" defined

Current through July 10, 2024
Authority: IC
				  22-1-1-2
Affected: IC 22-8-1.1
Sec. 4.
"IOSHA" means the Indiana Occupational Safety and Health Act
				  (IC 22-8-1.1 ).
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 8 - SAFETY EDUCATION AND TRAINING › Rule 2 - Bureau of Safety Education and Training › Section 2-1 - Doing business as INSafe

Current through July 10, 2024
Authority: IC
				  22-1-1-2;
				  IC
				  22-8-1.1-48.1
Affected: IC
				  22-8-1.1-41
Sec. 1.
The bureau:
(1)
				shall be known as and conduct business under the name "INSafe"; and
(2) may create and adopt logos and other
				identifying marks in service of its mission and efforts.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 8 - SAFETY EDUCATION AND TRAINING › Rule 3 - On-Site Consultation Services › Section 3-1 - On-site consultation services; personnel

Current through July 10, 2024
Authority: IC
				  22-1-1-2;
				  IC
				  22-8-1.1-48.1
Affected: IC
				  22-8-1.1-41
Sec. 1.
On-site consultation services related to workplace safety and
				  health issues will be provided to requesting employers, by personnel from the
				  bureau. The personnel providing the consultation will be qualified employees by
				  reason of:
(1) training;
(2) experience; or
(3) professional
				attainment.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 8 - SAFETY EDUCATION AND TRAINING › Rule 3 - On-Site Consultation Services › Section 3-2 - Request from employer

Current through July 10, 2024
Authority: IC
				  22-1-1-2;
				  IC
				  22-8-1.1-48.1
Affected: IC
				  22-8-1.1-41
Sec. 2.
The request from the employer shall be written and dated and,
				  insofar as possible, specifically describe the particular condition, situation,
				  or equipment about which advice is sought. This degree of specificity will
				  allow the consultant, who will be assigned to meet the request, to prepare
				  himself or herself in terms of the following:
(1) Applicable, up-to-date
				standards.
(2) The need for expert
				assistance of an industrial hygienist under section 4 of this rule.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 8 - SAFETY EDUCATION AND TRAINING › Rule 3 - On-Site Consultation Services › Section 3-3 - Prior arrangements with employer; participation of employees

Current through July 10, 2024
Authority: IC
				  22-1-1-2;
				  IC
				  22-8-1.1-48.1
Affected: IC
				  22-8-1.1-41
Sec. 3.
(a) Before
				the consultative visit, arrangements will be made with the requesting employer
				to ensure that qualified members of management or employees will be available
				at the time of the actual consultation in order to explain the problems or
				conditions that exist.
(b) The
				consultant shall retain the right to confer with individual employees during
				the course of the visit in order to identify and judge the nature and extent of
				particular hazards.
(c) Employees,
				their representatives, and members of a workplace joint safety and health
				committee may participate in the on-site consultative visit to the extent
				desired by the employer.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 8 - SAFETY EDUCATION AND TRAINING › Rule 3 - On-Site Consultation Services › Section 3-4 - Indiana state department of health expert

Current through July 10, 2024
Authority: IC
				  22-1-1-2;
				  IC
				  22-8-1.1-48.1
Affected: IC
				  22-8-1.1-41
Sec. 4.
If, in the judgment of the consultant from the bureau, a
				  specific condition described by the requesting employer is one which may
				  require expert opinion or judgment from another department or agency of the
				  state of Indiana, the consultant may request assistance and consultation from
				  the other department or agency, and request that an appropriate professional of
				  the other department or agency be present during the
				  consultation.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 8 - SAFETY EDUCATION AND TRAINING › Rule 3 - On-Site Consultation Services › Section 3-5 - Consultation free to employers

Current through July 10, 2024
Authority: IC
				  22-1-1-2;
				  IC
				  22-8-1.1-48.1
Affected: IC
				  22-8-1.1-41
Sec. 5.
There will be no charges, fees, or expenses chargeable to the
				  employer for the consultation.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 8 - SAFETY EDUCATION AND TRAINING › Rule 3 - On-Site Consultation Services › Section 3-6 - Representative to indicate purpose and extent of visit

Current through July 10, 2024
Authority: IC
				  22-1-1-2;
				  IC
				  22-8-1.1-48.1
Affected: IC
				  22-8-1.1-41
Sec. 6.
Upon arrival at the site of the consultation, the bureau
				  consultant will indicate the following:
(1) The purpose and extent of the
				consultant's visit.
(2) That the
				consultant is:
(A) there in response to an
				inquiry relative to specific areas as they relate to Indiana occupational
				safety and health standards; and
(B) not empowered to make a complete
				inspection of the facilities unless it is requested by the employer.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 8 - SAFETY EDUCATION AND TRAINING › Rule 3 - On-Site Consultation Services › Section 3-7 - Alleged violations recorded; abatement dates binding

Current through July 10, 2024
Authority: IC
				  22-1-1-2;
				  IC
				  22-8-1.1-48.1
Affected: IC
				  22-8-1.1-41
Sec. 7.
(a) The
				consultant shall:
(1) record all safety
				related issues observed during the consultation;
(2) work with the business to create an
				abatement plan; and
(3) set
				reasonable abatement deadlines for each safety related issue
				observed.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 8 - SAFETY EDUCATION AND TRAINING › Rule 3 - On-Site Consultation Services › Section 3-8 - "Imminent danger" defined; procedure

Current through July 10, 2024
Authority: IC
				  22-1-1-2;
				  IC
				  22-8-1.1-48.1
Affected: IC
				  22-8-1.1-41
Sec. 8.
(a) In the
				event the consultant observes a condition creating an imminent danger, the
				consultant will:
(1) immediately call the
				employer's attention to the condition;
(2) immediately notify the affected employees
				of the alleged imminent danger;
(3)
				request that action be taken immediately to abate the alleged imminent
				danger;
(4) secure an agreement
				from the employer that employees will not be exposed to the imminent danger;
				and
(5) notify the director of the
				bureau of the alleged imminent danger.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 8 - SAFETY EDUCATION AND TRAINING › Rule 3 - On-Site Consultation Services › Section 3-9 - Agreement of employer

Current through July 10, 2024
Authority: IC
				  22-1-1-2;
				  IC
				  22-8-1.1-48.1
Affected: IC
				  22-8-1.1-41
Sec. 9.
The consultant will not proceed with the consultation visit
				  if the employer does not agree to the provisions listed in the
				  following:
(1) Section 3(b) of this
				rule.
(2) Section 7 of this
				rule.
(3) Section 8 of this
				rule.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 8 - SAFETY EDUCATION AND TRAINING › Rule 3 - On-Site Consultation Services › Section 3-10 - Consultation services separate from enforcement activities

Current through July 10, 2024
Authority: IC
				  22-1-1-2;
				  IC
				  22-8-1.1-48.1
Affected: IC
				  22-8-1.1-41
Sec. 10.
(a) The
				actions of a consultant from the bureau are completely separate, distinct, and
				apart from the department's IOSHA enforcement activities.
(b) A consultation does not provide immunity
				from an IOSHA inspection resulting from any of the following:
(1) A complaint.
(2) An alleged safety violation in plain view
				of an IOSHA inspector.
(3) A
				fatality at the worksite or a catastrophe arising at or from the
				worksite.