reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 11 - GENERAL OPERATIONS › Rule 1 - Traffic and Parking Control › Section 1-7 - Expenses for enforcement

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 7.
(a) The owner
				or operator of a vehicle shall be responsible for any and all costs associated
				with the enforcement of this rule, including, but not limited to, the cost of
				towing.
(b) No vehicle will be
				released to the owner or operator until such time as all costs to move the
				vehicle have been fully paid.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 11 - GENERAL OPERATIONS › Rule 2 - Items Prohibited on the Indiana State Fairgrounds › Section 2-1 - Policy

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2; IC
				  15-13-7
Sec. 1.
(a) The
				purpose of this rule is to enhance the security of and to protect the health,
				safety, and welfare of all persons and animals at the fairgrounds.
(b) Unless otherwise specifically set forth
				in this rule or other applicable statute, this rule applies at all times to all
				visitors, guests, invitees, vendors, concessionaires, purveyors, exhibitors,
				commission employees, contractors, and agents.
(c) Exceptions to this rule may be made on a
				case-by-case basis with the advance written approval of the chief operating
				officer for the commission, who shall maintain a file of all such approvals.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 11 - GENERAL OPERATIONS › Rule 2 - Items Prohibited on the Indiana State Fairgrounds › Section 2-2 - Deadly weapons prohibited

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2; IC
				  15-13-7
Sec. 2.
(a) This
				section does not apply to a federal, state, or local law enforcement officer or
				to a person who has been employed or authorized by the commission to provide
				security protection and services.
(b) No person in possession of a deadly
				weapon shall be permitted onto or be permitted to remain on the fairgrounds,
				unless that person can demonstrate that the deadly weapon is intended for sale
				or trade at an event that is taking place on the fairgrounds.
(c) Except as provided in subsection (a), any
				deadly weapon found in the possession of a person while on the fairgrounds is
				subject to immediate confiscation by persons authorized under section 3 of this
				rule.
(d) Any person properly
				licensed to carry a firearm must secure the firearm in a locked compartment of
				his or her vehicle, and it shall not be visible to passersby.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 11 - GENERAL OPERATIONS › Rule 2 - Items Prohibited on the Indiana State Fairgrounds › Section 2-3 - Enforcement

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2; IC
				  15-13-7
Sec. 3.
The following persons may enforce this rule:
(1) Persons authorized by the executive
				director to provide security protection and services.
(2) City, county, and state police agencies,
				as requested by the commission.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 11 - GENERAL OPERATIONS › Rule 2 - Items Prohibited on the Indiana State Fairgrounds › Section 2-4 - Unauthorized animals prohibited

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2; IC
				  15-13-7
Sec. 4.
(a) The only
				animals permitted on the fairgrounds are the following:
(1) Animals registered, boarded, or entered
				for, or that will be registered, boarded, or entered for, exhibition, show, or
				other competition.
(2) Animals that
				will be used in a scheduled performance or to perform on the
				fairgrounds.
(3) Law enforcement
				animals.
(4) Service animals as
				defined by the Americans with Disabilities Act.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 11 - GENERAL OPERATIONS › Rule 3 - Sampling and Solicitations › Section 3-1 - Sampling and solicitations occurring on the fairgrounds

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  15-13-2
Sec. 1.
(a) All
				solicitation, distribution, and sampling of any nature shall take place within
				the confines of a rented space (building, venue, or booth). No solicitation,
				distribution, or sampling shall take place anywhere on the fairgrounds except
				from the confines of a space previously rented from the commission or any of
				its authorized tenants, lessors, or promoters of events contracted with the
				commission.
(b) Any tenant, lessor,
				or promoter of events in which a contract for the use of such facilities owned
				and operated by the commission is in full force and effect is responsible for
				the enforcement of the policy in subsection (a) during such term as may be
				specified in the contract for rental of the facilities in which such activities
				are being or proposed to be held.
(c) Violation of the policy as stated in
				subsection (a) by exhibitors, vendors, or any other visitors or users of the
				fairgrounds will be sufficient grounds for immediate removal from the
				fairgrounds.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 11 - GENERAL OPERATIONS › Rule 4 - Prohibited Activities and Enforcement › Section 4-1 - Additional prohibited activities

Current through July 10, 2024
Authority: IC 15-13-2-9
Affected: IC 15-13-2; IC 35-45-1; IC 35-45-4
Sec. 1.
In addition to the activities regulated at 80 IAC 11-2 and 80
				  IAC 11-3, the following are prohibited at the fairgrounds:
(1) Theft or malicious damage to
				property.
(2) Unauthorized entry,
				use, or occupancy of any facility.
(3) Indecent acts as defined by IC
				35-45-4.
(4) Offenses against
				public order as defined by IC 35-45-1.
(5) Any other conduct that violates a federal
				or state law or a municipal ordinance.
(6) Possession of a deadly weapon in
				violation of
				80 IAC
				11-2-2.
(7) Possession or control over an
				unauthorized animal prohibited by
				80 IAC
				11-2-4.
(8) Use of any motorized or nonmotorized
				personal mobility device designed to transport one (1) person. The following
				are not subject to this prohibition:
(A)
				Motorized or manually propelled wheelchairs as covered by Title II of the
				Americans with Disabilities Act (ADA).
(B) Other power-driven mobility devices as
				covered by Title II of the ADA.
(C)
				Electrical personal assistive mobility devices (Segways).
(D) Golf carts with commission issued permits
				during the annual Indiana state fair.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 11 - GENERAL OPERATIONS › Rule 4 - Prohibited Activities and Enforcement › Section 4-2 - Ejection from fairgrounds

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC 4-21.5; IC 15-13-2; IC
				  35-43-2-2
Sec. 2.
(a) A
				commission employee or another authorized representative may require a person
				to leave the fairgrounds, or may otherwise restrict a person's use of the
				fairgrounds, for a violation of section 1 of this rule.
(b) An ejection or restriction imposed under
				subsection (a) is effective immediately and applies for twenty-four (24) hours
				unless the commission employee or other authorized representative specifies a
				shorter duration.
(c)
				Notwithstanding subsection (b), a commission employee or another authorized
				representative may designate in writing that the ejection or restriction shall
				remain in effect for not more than one (1) year. The length of ejection shall
				be at the discretion of the commission employee or another authorized
				representative. An ejection or restriction under this subsection is subject to
				administrative review by the commission under IC 4-21.5.
(d) Any person violating the ejection imposed
				under this section shall be deemed a trespasser, as defined in IC
				35-43-2-2,
				and subject to criminal prosecution.
Indiana Administrative Code › Title 80 - STATE FAIR COMMISSION › Article 12 - CODE OF ETHICS › Rule 1 - Code of Ethics for Commission › Section 1-1 - Purpose and scope

Current through July 10, 2024
Authority: IC
				  15-13-2-9
Affected: IC
				  4-2-6
Sec. 1.
The commission shall be under the jurisdiction and rules
				  adopted by the state ethics commission under 42 IAC 1.
Indiana Administrative Code › Title 100 - DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 2 - Airport Development Fund (Transferred)

Current through July 10, 2024
Transferred from Department of Transportation ( 100 IAC 3-2 ) to Indiana Department of Transportation ( 105 IAC 3-1 ) by  P.L. 112-1989,  SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 100 - DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Preapplication and Project Applications for Airport Aid Program (Transferred)

Current through July 10, 2024
Transferred from Department of Transportation ( 100 IAC 3-3 ) to Indiana Department of Transportation ( 105 IAC 3-2 ) by  P.L. 112-1989,  SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 100 - DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 4 - Airport Site Approvals and Operating Certificates of Approval (Transferred)

Current through July 10, 2024
Transferred from Department of Transportation ( 100 IAC 3-4 ) to Indiana Department of Transportation ( 105 IAC 3-3 ) by  P.L. 112-1989,  SECTION 5, effective July 1, 1989.
*
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 1 - PROCEDURAL REQUIREMENTS › Rule 1 - Administrative Adjudication Procedures Related to Aeronautics Programs › Section 1-1 - One form of action; initiating a proceeding

Current through July 10, 2024
Authority: IC 8-9.5-5-8; IC 8-9.5-5-13
Affected: IC 4-21.5; IC 8-21-1-8
Sec. 1.
Proceedings.
(1)
				There shall be one form of formal proceeding (to be known as a "proceeding")
				under Section 8
[IC 8-21-1-8]
of this Act.
(2) A proceeding may be instituted:
(a) By order to show cause or other process
				of the Commission.
(b) By the
				filing with the Commission of a formal application, complaint or
				petition.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 1 - PROCEDURAL REQUIREMENTS › Rule 1 - Administrative Adjudication Procedures Related to Aeronautics Programs › Section 1-4 - Appearances by third persons and formal interventions

Current through July 10, 2024
Authority: IC 8-9.5-5-8; IC 8-9.5-5-13
Affected: IC 4-21.5; IC 8-21-1-8
Sec. 4.
Appearances by Third Persons and Formal
				  Interventions.
(1) Petition for
				appearance of Third Persons. Any person, other than the original parties to the
				proceeding, who shall desire to appear and participate in any proceeding before
				the Commission, may petition for leave to intervene in the proceeding prior to
				or at the time it is called for hearing, but not thereafter, except for good
				cause shown. The petition must be in writing and state clearly the name and
				address of the party intervening, name and address of his attorney, if any, and
				his position in regard to the matter in controversy. If the petition discloses
				a substantial interest in the subject matter of the hearing, the Commission may
				grant the same. Thereafter such petitioner shall become a party to the
				proceedings and shall be known as an "intervener", with the same right to
				produce witnesses and of cross-examination as other parties to the
				proceeding.
(2) Denial of Petition
				for Intervention. Whenever it appears that any person petitioning for
				intervention has no substantial interest in the proceeding, the Commission may
				deny the petition or dismiss him from the proceeding.
Transferred from Department of Transportation ( 100 IAC
					 1-1-4 ) to Indiana Department of Transportation ( 105 IAC 1-1-4 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 1 - PROCEDURAL REQUIREMENTS › Rule 1 - Administrative Adjudication Procedures Related to Aeronautics Programs › Section 1-5 - Request for oral argument; request for briefs; continuance

Current through July 10, 2024
Authority: IC 8-9.5-5-8; IC 8-9.5-5-13
Affected: IC 4-21.5; IC 8-21-1-8
Sec. 5.
Oral Argument and Briefs.
(1) Oral Argument. Upon request of any party,
				the Commission may permit oral argument at the close of the hearing.
(2) Briefs. If a case presents unusually
				difficult questions of fact or law, the Commission may permit or require the
				submission of proposed findings of fact or conclusions, or of written briefs,
				to aid in the preparation of its report.
(3) Submission of Briefs. After a date has
				been set for the submission of proposed findings of fact or conclusions, or
				written briefs to the Commission, or the filing of exceptions to Commission's
				report or briefs thereon, such date may be postponed upon proper cause shown,
				but any such postponement shall not be granted by the Commission less than
				three days prior to the date originally set for the filing thereof except in
				cases involving unusual circumstances imposing substantial hardship upon the
				requesting party or parties.
Transferred from Department of Transportation ( 100 IAC
					 1-1-5 ) to Indiana Department of Transportation ( 105 IAC 1-1-5 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 1 - PROCEDURAL REQUIREMENTS › Rule 1 - Administrative Adjudication Procedures Related to Aeronautics Programs › Section 1-6 - Exhibits

Current through July 10, 2024
Authority: IC 8-9.5-5-8; IC 8-9.5-5-13
Affected: IC 4-21.5; IC 8-21-1-8
Sec. 6.
Exhibits.
(1)
				Submission of Exhibits. Wherever practicable, seven copies of each exhibit (in
				addition to the original offered in evidence at the hearing) should be
				furnished for the use of the Commission. One copy should also be furnished to
				each party at the hearing, and the Commission may, in its discretion, direct
				that any other person deemed by it to have a sufficient interest shall receive
				copies of designated exhibits.
(a) Excerpts
				from lengthy documents or of portions of the record in other proceedings before
				the Commission should be offered in the form of exhibits and copies furnished
				as above provided. Such exhibits may be received in evidence, subject to
				objection and rebuttal by other counsel, after opportunity to examine the
				exhibit in question and the source from which the same was taken.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 1 - PROCEDURAL REQUIREMENTS › Rule 1 - Administrative Adjudication Procedures Related to Aeronautics Programs › Section 1-7 - Petition for rehearing, reargument, or reconsideration

Current through July 10, 2024
Authority: IC 8-9.5-5-8; IC 8-9.5-5-13
Affected: IC 4-21.5; IC 8-21-1-8
Sec. 7.
Petition for Rehearing, Reargument, or
				  Reconsideration.
(1) Petition for
				Rehearing. Any party may petition for rehearing, reargument, or reconsideration
				of any final order by the Commission in a proceeding, or for further hearing
				before decision by the Commission.
(2) Form of Petition. The matters of record
				claimed to have been erroneously decided must be specified, and the alleged
				errors and the grounds relied upon must be briefly and specifically stated in
				the petition.
(a) If a final order of the
				Commission is sought to be vacated or modified by reason of matters which have
				arisen since the hearing, or of a consequence which would result from a
				compliance therewith, or both, the new matter, the resulting consequence, or
				both, which are relied upon by the petitioner must each be set forth in the
				petition. Where the petition is based wholly or in part upon new matter, the
				petition must contain a statement that the petitioner, with due diligence,
				could not have known or discovered the new matter prior to the time of the
				hearing.
(b) The petition must set
				forth a brief statement of the relief sought by the petitioner.
(c) Such petition for rehearing, reargument,
				or reconsideration, must be filed within thirty days after service of the order
				sought to be vacated or modified. After the expiration of said thirty days,
				such a petition may be filed only by leave of the Commission granted pursuant
				to formal application upon a showing of reasonable grounds for failure to file
				the petition within the prescribed thirty-day period. Any such petition or
				application shall be served by the petitioner or applicant upon all parties to
				the proceeding or their attorneys of record.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 1 - PROCEDURAL REQUIREMENTS › Rule 1 - Administrative Adjudication Procedures Related to Aeronautics Programs › Section 1-8 - Hearing officer; selection

Current through July 10, 2024
Authority: IC 8-9.5-5-8; IC 8-9.5-5-13
Affected: IC 4-21.5; IC 8-21-1-8
Sec. 8.
Hearings.
(1)
				Hearings may be conducted by the Commission, by any member of the Commission,
				by the Director of the Commission, or by any Examiner authorized by the
				Commission.
Transferred from Department of Transportation ( 100 IAC
					 1-1-8 ) to Indiana Department of Transportation ( 105 IAC 1-1-8 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 1 - PROCEDURAL REQUIREMENTS › Rule 1 - Administrative Adjudication Procedures Related to Aeronautics Programs › Section 1-9 - Findings and orders to be based on the hearing record

Current through July 10, 2024
Authority: IC 8-9.5-5-8; IC 8-9.5-5-13
Affected: IC 4-21.5; IC 8-21-1-8
Sec. 9.
Findings, Conclusions and Decisions.
(1) All findings, conclusions and decisions,
				and orders issued therewith, shall be based only upon evidence and facts
				properly introduced and included in the official record of formal proceedings
				and the Commission will not consider any matters not so presented. Any new
				matter, not a part of the record, shall be presented to the Commission as
				provided in Section 7
[of this rule]
.
Transferred from Department of Transportation ( 100 IAC
					 1-1-9 ) to Indiana Department of Transportation ( 105 IAC 1-1-9 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 2 - AIRCRAFT OPERATION › Rule 1 - Registration of Aerial Applicators › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC 8-9.5-5-8; IC 8-9.5-5-13
Affected: IC 8-21-1-10.2
Sec. 1.
Definitions. For the purpose of this regulation, the
				  following words, terms and phrases shall have the meaning herein given.
"Aerial Applicator" means any person who uses an aircraft in
				  the application of any chemicals such as germicides, insecticides, fungicides,
				  or herbicides, or other chemicals or materials such as fertilizers or seeds
				  upon the lands or waters of this State.
"Aircraft" means any contrivance now known, or hereafter
				  invented, used or designed for navigation of or flight in the air.
"Person" means any individual, firm, partnership,
				  corporation, company, association, joint stock association or body politic; and
				  includes any trustees, receiver, assignee, or other similar representative
				  thereof.
Transferred from Department of Transportation ( 100 IAC
					 2-1-1 ) to Indiana Department of Transportation ( 105 IAC 2-1-1 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 2 - AIRCRAFT OPERATION › Rule 1 - Registration of Aerial Applicators › Section 1-2 - Registration required

Current through July 10, 2024
Authority: IC 8-9.5-5-8; IC 8-9.5-5-13
Affected: IC 8-21-1-10.2
Sec. 2.
Registration Required. Any person who is engaged or intends
				  to become engaged as an "Aerial Applicator" in this State, shall register with
				  the Aeronautics Commission of Indiana.
Transferred from Department of Transportation ( 100 IAC
					 2-1-2 ) to Indiana Department of Transportation ( 105 IAC 2-1-2 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 2 - AIRCRAFT OPERATION › Rule 1 - Registration of Aerial Applicators › Section 1-3 - Place and time of registration

Current through July 10, 2024
Authority: IC 8-9.5-5-8; IC 8-9.5-5-13
Affected: IC 8-21-1-10.2
Sec. 3.
Place and Time of Registration. An "Aerial Applicator" shall
				  register upon such forms as may from time to time be prescribed by the
				  Aeronautics Commission of Indiana. Any person desiring to make registration as
				  an "Aerial Applicator" shall file such executed registration form in the office
				  of the Director of Aeronautics of the State of Indiana, prior to the beginning
				  of aerial application operations by any such person. Any person engaged in
				  "Aerial Applicator" operations in this state prior to the effective date of
				  this regulation shall register as an "Aerial Applicator" within 30 days from
				  the date of adoption of such regulation.
Transferred from Department of Transportation ( 100 IAC
					 2-1-3 ) to Indiana Department of Transportation ( 105 IAC 2-1-3 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 2 - AIRCRAFT OPERATION › Rule 1 - Registration of Aerial Applicators › Section 1-4 - Prerequisite of registration

Current through July 10, 2024
Authority: IC 8-9.5-5-8; IC 8-9.5-5-13
Affected: IC 8-21-1-10.2
Sec. 4.
Prerequisite of Registration. Any person registering with the
				  Aeronautics Commission of Indiana as an "Aerial Applicator" shall tender along
				  with such executed registration form, as a prerequisite to registration,
				  evidence satisfactory to the Director of Aeronautics that the registrant is the
				  holder of an appropriate waiver or letter of authority from the Civil
				  Aeronautics Administration relative to such aerial application.
Transferred from Department of Transportation ( 100 IAC
					 2-1-4 ) to Indiana Department of Transportation ( 105 IAC 2-1-4 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 2 - AIRCRAFT OPERATION › Rule 1 - Registration of Aerial Applicators › Section 1-5 - Certificate; filing; presentation on request

Current through July 10, 2024
Authority: IC 8-9.5-5-8; IC 8-9.5-5-13
Affected: IC 8-21-1-10.2
Sec. 5.
Display of Certificate. The Certificate of Registration
				  issued pursuant to this Regulation shall be on file at the home office of the
				  "aerial applicator". A copy of the Certificate of Registration shall be carried
				  at all times in each aircraft of the "aerial applicator" while engaged in
				  aerial application operation in the State of Indiana. The Certificate of
				  Registration, or a copy thereof, shall be presented upon the request of any
				  duly authorized representative of the Indiana Aeronautics Commission, any state
				  or local official charged with enforcing state or local laws or regulations, or
				  any other person directly interested in such aerial application
				  operations.
Transferred from Department of Transportation ( 100 IAC
					 2-1-5 ) to Indiana Department of Transportation ( 105 IAC 2-1-5 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 2 - AIRCRAFT OPERATION › Rule 1 - Registration of Aerial Applicators › Section 1-6 - Notice of cessation of activities; return of certificate

Current through July 10, 2024
Authority: IC 8-9.5-5-8; IC 8-9.5-5-13
Affected: IC 8-21-1-10.2
Sec. 6.
Notification of Ceasing of Activities. When any person
				  registered as an "aerial applicator" ceases to be engaged as an "aerial
				  applicator", in the State of Indiana, such person shall notify the Aeronautics
				  Commission of the cessation of such activity, forwarding along with such
				  notice, the certificate of registration and all copies thereof to the
				  Aeronautics Commission of Indiana.
Transferred from Department of Transportation ( 100 IAC
					 2-1-6 ) to Indiana Department of Transportation ( 105 IAC 2-1-6 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 2 - AIRCRAFT OPERATION › Rule 1 - Registration of Aerial Applicators › Section 1-7 - Submission of reports

Current through July 10, 2024
Authority: IC 8-9.5-5-8; IC 8-9.5-5-13
Affected: IC 8-21-1-10.2
Sec. 7.
Submission of Reports. Any person registered as an "aerial
				  applicator" in this State shall submit to the Aeronautics Commission of Indiana
				  such factual information pertinent to such operation as the Commission may from
				  time to time prescribe.
Transferred from Department of Transportation ( 100 IAC
					 2-1-7 ) to Indiana Department of Transportation ( 105 IAC 2-1-7 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 2 - AIRCRAFT OPERATION › Rule 1 - Registration of Aerial Applicators › Section 1-8 - Penalty

Current through July 10, 2024
Authority: IC 8-9.5-5-8; IC 8-9.5-5-13
Affected: IC 8-21-1-10.2; IC 8-21-1-12
Sec. 8.
Penalty. Any person found to be in violation of any part of
				  this regulation shall be subject to the provisions of Section 12
[IC
				  8-21-1-12]
, Chapter 360, Acts of 1945.
Transferred from Department of Transportation ( 100 IAC
					 2-1-8 ) to Indiana Department of Transportation ( 105 IAC 2-1-8 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 1 - Airport Development Funds › Section 1-1 - Fund requests

Current through July 10, 2024
Authority: IC 8-9.5-5-8; IC 8-9.5-5-13
Affected: IC 8-21-1-9
Sec. 1.
Fund Requests. Applications for airport development funds
				  will be made on forms and in a manner as prescribed by the Indiana department
				  of transportation. The department shall review requests for funds for airport
				  development and after determining that the project is necessary and is an
				  orderly construction or expansion of an airport, shall issue a tentative
				  allocation for the amount of the funds the department deems appropriate, taking
				  into consideration the project priority and the availability of state
				  funds.
Transferred from Department of Transportation ( 100 IAC
					 3-2-1 ) to Indiana Department of Transportation ( 105 IAC 3-1-1 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 1 - Airport Development Funds › Section 1-3 - Conditions for use of funds

Current through July 10, 2024
Authority: IC 8-9.5-5-8; IC 8-9.5-5-13
Affected: IC 8-21-1-9
Sec. 3.
Conditions. An applicant receiving airport development funds
				  will be expected to work diligently towards obtaining airport hazard zoning and
				  compatible land use zoning. Future projects may be delayed if the airport
				  protection is not obtained.
Any applicant receiving airport development funds shall
				  operate the airport facility for a minimum of twenty years. Failure to meet
				  this requirement shall result in a refund to the Airport Development Fund by
				  the applicant.
Transferred from Department of Transportation ( 100 IAC
					 3-2-3 ) to Indiana Department of Transportation ( 105 IAC 3-1-3 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 1 - Airport Development Funds › Section 1-4 - Priorities

Current through July 10, 2024
Authority: IC 8-9.5-5-8; IC 8-9.5-5-13
Affected: IC 8-21-1-9
Sec. 4.
Priorities. The allocation program for the Indiana Airport
				  Development Fund is intended to provide economic development throughout the
				  state and to complete the Indiana Airport System Plan. The principles of the
				  program will be to preserve existing landing facilities, to assist projects
				  involving safety of aircraft operations, and to develop new and additional
				  landing facilities in areas of greatest need.
Transferred from Department of Transportation ( 100 IAC
					 3-2-4 ) to Indiana Department of Transportation ( 105 IAC 3-1-4 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 1 - Airport Development Funds › Section 1-5 - Contractual agreement

Current through July 10, 2024
Authority: IC 8-9.5-5-8; IC 8-9.5-5-13
Affected: IC 8-21-1-9
Sec. 5.
Agreement. A contractual agreement will be prepared by the
				  Indiana department of transportation to establish certain basic general
				  agreements and to provide a detailed breakdown on project costs.
Transferred from Department of Transportation ( 100 IAC
					 3-2-5 ) to Indiana Department of Transportation ( 105 IAC 3-1-5 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 1 - Airport Development Funds › Section 1-6 - Payments

Current through July 10, 2024
Authority: IC 8-9.5-5-8; IC 8-9.5-5-13
Affected: IC 8-21-1-9
Sec. 6.
Payments. Forms will be provided by the Indiana department
				  of transportation for payment request. Partial payments may be made, but in no
				  case will payments exceed the project applicant's
				  participation.
Transferred from Department of Transportation ( 100 IAC
					 3-2-6 ) to Indiana Department of Transportation ( 105 IAC 3-1-6 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 2 - Preapplication and Project Applications for Airport Aid Program › Section 2-1 - Definitions

Current through July 10, 2024
Authority: IC 8-9.5-5-8; IC 8-9.5-5-13
Affected: IC 8-21-1-8
Sec. 1.
Definitions.
(A)
				"Municipality"-any political subdivision, district, public corporation or
				authority in this state which is or may be authorized by law to acquire,
				establish, construct, maintain, improve or operate airports or other air
				navigation facilities.
(B) "Public
				Agency" and "Sponsor"-have the same meaning as set forth in the Federal Airport
				and Airway Development Act of 1970 Pub. L. 91-258, as amended.
Transferred from Department of Transportation ( 100 IAC
					 3-3-1 ) to Indiana Department of Transportation ( 105 IAC 3-2-1 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 2 - Preapplication and Project Applications for Airport Aid Program › Section 2-2 - Submission of preapplication and project application

Current through July 10, 2024
Authority: IC 8-9.5-5-8; IC 8-9.5-5-13
Affected: IC 8-21-1-8
Sec. 2.
Preapplications and Applications.
(A) Any sponsor that desires to implement the
				Airport Aid Program for airport development or planning grant projects under
				the Airport and Airway Development Act is required to submit thru the
				Aeronautics Commission of Indiana the Preapplication and Project Application
				for its review. These documents shall be in accordance with the Federal
				Aviation Regulations Part 152.
(B)
				The Commission, after its review, will forward these documents to the
				appropriate Airport District Office of the Federal Aviation Administration with
				comments not later than five working days after the second Commission meeting
				on the receipt of the said documents.
Transferred from Department of Transportation ( 100 IAC
					 3-3-2 ) to Indiana Department of Transportation ( 105 IAC 3-2-2 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-1 - Purpose

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 8-9.5; IC 8-21-1
Sec. 1.
The purpose of this regulation ( 100 IAC 3-4 )
[this
				  rule]
is to further the public interest and aeronautical progress,
				  provide for the protection and promotion of safety in aeronautics, and
				  contribute to the principle of effecting uniform regulations of aeronautics, in
				  order that those engaged in aeronautics of every character may so engage with
				  the least possible restriction consistent with the safety and rights of others.
Transferred from Department of Transportation ( 100 IAC
					 3-4-1 ) to Indiana Department of Transportation ( 105 IAC 3-3-1 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-3 - Classification of airports

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 8-9.5; IC 8-21-1
Sec. 3.
All airports in Indiana shall be classified as one of the
				  following:
(1) Public-Use
(2) Private-Use
(3) Temporary
Any landing strip, which is specifically adapted and
				  maintained for the landing and taking off of aircraft shall be classified as an
				  airport, whether or not facilities are provided for the shelter, servicing or
				  repair of aircraft.
Unless stated otherwise, the term "airport", as used in this
				  regulation ( 100 IAC 3-4 )
[this rule]
, shall include
				  heliports, seaplane bases, and any area designated for the exclusive use of
				  ultralights.
Transferred from Department of Transportation ( 100 IAC
					 3-4-3 ) to Indiana Department of Transportation ( 105 IAC 3-3-3 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-4 - Requirements for public-use airports

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 8-9.5; IC 8-21-1
Sec. 4.
Sections 5 through 16 of this regulation ( 100 IAC 3-4 )
[this rule]
shall apply to all public-use airports in the
				  state, except as hereinafter exempted from the requirements.
Transferred from Department of Transportation ( 100 IAC
					 3-4-4 ) to Indiana Department of Transportation ( 105 IAC 3-3-4 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-5 - General policy

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 8-9.5; IC 8-21-1
Sec. 5.
It shall be the policy of the department to certificate all
				  applicable public-use airports meeting the following requirements excepting
				  those requirements which have been waived by the department.
Transferred from Department of Transportation ( 100 IAC
					 3-4-5 ) to Indiana Department of Transportation ( 105 IAC 3-3-5 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-6 - Establishment of airport without site approval unlawful

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 8-9.5; IC 8-21-1
Sec. 6.
(a) It shall
				be unlawful for any municipality or person to acquire, establish, construct,
				activate, or lease any public-use airport without first being issued a
				certificate of site approval by the department.
(b) A certificate of site approval issued by
				the department shall remain valid indefinitely, unless it is revoked by the
				department, pursuant to section 15 of this regulation ( 100 IAC 3-4 )
[this rule]
, or until such time as the airport is closed,
				whether voluntarily by the owner, or by order of the department or any court of
				general jurisdiction.
(c) Any
				person or municipality who desires to open or reactivate any public-use airport
				which has been closed and/or for which the certificate of site approval has
				been revoked by the department must apply for a new certificate of site
				approval pursuant to section 8 of this regulation ( 100 IAC 3-4 )
[this
				rule]
.
Transferred from Department of Transportation ( 100 IAC
					 3-4-6 ) to Indiana Department of Transportation ( 105 IAC 3-3-6 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-7 - Failure to apply for certificate of site approval

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 8-9.5; IC 8-21-1
Sec. 7.
Failure to apply for a certificate of site approval for a
				  public-use airport from the department as required in section 6
[of
				  this rule]
shall result in appropriate actions by the department to
				  close the airport. The department may invoke the aid of any court of general
				  jurisdiction to carry out its orders by injunction or other legal
				  process.
Transferred from Department of Transportation ( 100 IAC
					 3-4-7 ) to Indiana Department of Transportation ( 105 IAC 3-3-7 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-8 - Application for certificate of site approval

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 8-9.5; IC 8-21-1
Sec. 8.
(a)
				Application for a certificate of site approval for a public-use airport shall
				be made on forms prescribed and furnished by the department, and shall be
				accompanied by:
(1) A section of a current
				federal or state sectional aeronautical chart or topographic map depicting an
				area of at least a 25 nautical mile radius surrounding the plotted position of
				the proposed public-use airport.
(2) A detailed drawing on forms provided by
				the department, which shows the proposed site and the immediate adjacent area,
				prepared in such manner as will clearly indicate the initial and ultimate
				stages of airport development, airport property lines, obstructions, other
				general characteristics of the area including distance and direction to the
				nearest city or town, and depict the air traffic pattern for the proposed
				public-use airport.
(3) Written
				consent of the property owner(s) unless the applicant holds title in fee simple
				to the proposed site.
(4) A
				statement of the location of any sanitary landfills or open dumps within 2
				miles of the proposed public-use airport boundaries.
(5) Evidence that the applicant has obtained
				approval from the local zoning authority to establish a public-use airport at
				the proposed site.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-9 - Standards for issuing certificate of site approval

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 8-9.5; IC 8-21-1
Sec. 9.
(a) In
				determining whether it shall issue a certificate of site approval for any
				proposed public-use airport, the department shall take into consideration its
				proposed location, size, and layout, the relationship of the proposed airport
				to the current national and state airport systems plans and any applicable
				airport master plans, whether there are safe areas available for expansion
				purposes, whether the adjoining area is free from obstructions based on a
				proper approach ratio, the nature of the terrain, the nature of the uses to
				which the proposed airport will be put, the possibilities for future
				development, and such other factors as, under the circumstances, it regards as
				having an important bearing thereon, including the minimum safety standards
				hereinafter prescribed, in section 11(C)
[of this
				rule]
.
(b) Certificates of
				site approval may be granted with such restrictions and limitations as the
				department deems reasonable and necessary for safe airport
				operations.
(c) A certificate of
				site approval shall not be issued by the department in the following
				circumstances:
(1) When the Federal Aviation
				Administration has issued an objectionable airspace determination,
(2) When the local governing body has not
				given land use approval to establish a public-use airport at such site, if that
				body has adopted a zoning ordinance, or
(3) When the proposed airport site is:
(A) Within 10,000 feet of any open dump,
				waste disposal site or sanitary landfill where the proposed airport would be
				used by turbojet aircraft, unless the landfill is used exclusively for the
				disposal of rock and earth.
(B)
				Within 5,000 feet of any open dump, waste disposal site, or sanitary landfill,
				where the proposed airport would be used only by piston type aircraft, unless
				the landfill is used exclusively for the disposal of rock and earth.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-10 - Alteration or expansion of an existing public-use airport

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 8-9.5; IC 8-21-1
Sec. 10.
(a) No
				municipality or person shall make any alteration or expansion to a public-use
				airport without prior written approval from the department. Application for
				approval of an alteration or expansion shall be made by filing a copy of either
				FAA Form 7480-1, "Notice of Landing Area Proposal" or FAA Form 7460-1, "Notice
				of Proposed Construction or Alteration", with the department. The department
				shall not withhold approval for any alteration or expansion project at an
				airport which holds a valid Air Carrier Operating Certificate issued under
				Federal Aviation Regulations, Part 139. The phrase "alteration or expansion"
				shall include, but not be limited to, any of the following:
(1) any change in the length, width,
				direction or surface of runways or landing strips;
(2) construction or installation of any
				building or other obstacle on the airport property; including aircraft parking
				or tiedown areas;
(3) change in any
				marking or lighting facilities.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-12 - Requirements for annual operating certificates of approval - heliports and seaplane bases

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 8-9.5; IC 8-21-1
Sec. 12.
(a) All
				public-use heliports shall be inspected at least once a year by the department
				and shall maintain compliance with all standards that were required by the
				department as a condition of receiving a certificate of site
				approval.
(b) All public-use
				seaplane bases shall be inspected at least once a year by the department and
				shall maintain compliance with the following minimum requirements:
(1) The body of water shall have a minimum
				usable area of at least two thousand six hundred seventy-five (2,675) feet by
				one hundred (100) feet with a two hundred (200) foot diameter turning basin at
				each end. The turning basin shall be included in the minimum length of two
				thousand six hundred seventy-five (2,675) feet and shall be of sufficient depth
				to permit the safe operation of aircraft on the surface.
(2) All approaches to the landing area shall
				be sufficiently clear of obstruction to permit a 20:1 approach angle to the
				nearest point of the usable landing area, provided that if any structure on the
				land is located within three hundred (300) feet of the of the
[sic]
centerline of the approach path, the approach angle shall be computed
				so as to provide a clearance of at least one hundred (100) feet above the
				structure.
(3) Any hazards,
				including underwater obstructions in the landing, approach, departure, and taxi
				areas, shall be marked with durable markers so as to be clearly visible from
				traffic pattern altitude.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-13 - Waivers

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 8-9.5; IC 8-21-1
Sec. 13.
(a) The
				department may, in its discretion, waive strict compliance with the minimum
				safety standards and requirements set forth in section 11(C) and section 12
[of this rule]
when it is determined that the public-use
				airport was in existence at the time this regulation ( 100 IAC 3-4 )
[this rule]
was adopted, and that the owner of the airport
				held a valid certificate of approval based on compliance with the then existing
				minimum safety standards.
(b) All
				petitions for a waiver shall be on forms prescribed and furnished by the
				department, shall be sworn to by the applicant and shall contain a clear
				concise statement of the facts together with a request that a certain
				requirement be waived. Any waiver shall be conditional upon compliance with all
				other non-waived requirements, and said waiver shall remain valid as long as
				the conditions and circumstances at the airport remain unchanged.
Transferred from Department of Transportation ( 100 IAC
					 3-4-13 ) to Indiana Department of Transportation ( 105 IAC 3-3-13 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.
Indiana Administrative Code › Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION › Article 3 - AIRPORTS › Rule 3 - Airport Site Approvals and Operating Certificates of Approval › Section 3-14 - Non-compliance with regulations

Current through July 10, 2024
Authority: IC 8-9.5-5-8
Affected: IC 8-9.5; IC 8-21-1
Sec. 14.
Any public-use airport which is not in compliance with the
				  minimum safety standards (section 11(C)
[of this rule]
) or
				  requirements of section 12
[of this rule]
, as determined by a
				  department inspection, shall correct the noted deficiencies within 30 days
				  following notice of the deficiencies from the department. The department will
				  provide technical assistance, as requested by any public-use airport owner or
				  operator, to assist the airport in satisfying the minimum safety standards,
				  however, failure to correct the noted deficiencies within the established time
				  element shall result in the department taking appropriate actions to close the
				  airport pursuant to section 15 of this regulation ( 100 IAC 3-4 )
[this
				  rule]
. The department will consider any request for a time extension
				  to correct the noted deficiencies when it is determined that such an extension
				  is needed and that the deficiencies will not pose a substantial or immediate
				  threat to public safety or safety in the air.
Transferred from Department of Transportation ( 100 IAC
					 3-4-14 ) to Indiana Department of Transportation ( 105 IAC 3-3-14 ) by P.L.
					 112-1989, SECTION 5, effective July 1, 1989.