case summary - Office of Indiana State Chemist - Purdue University

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Indiana Register TITLE 357 INDIANA PESTICIDE REVIEW BOARD Notice of Intent to Readopt LSA Document #12-582 Readopts rules in anticipation of IC 4-22-2.5-2, providing that an administrative rule adopted under IC 4-22-2 expires January 1 of the seventh year after the year in which the rule takes effect unless the rule contains an earlier expiration date. Effective 30 days after filing with the Publisher. OVERVIEW: Rules to be readopted without changes are as follows: 357 IAC 1-8 Indiana Pesticide Law Violators; Public Listing 357 IAC 1-12 Pesticide Drift Requests for any part of this readoption to be separate from this action must be made in writing within 30 days of this publication. Send written comments to the Small Business Regulatory Coordinator for this rule (see IC 4-22-2- 28.1): Mr. David E. Scott Secretary Indiana Pesticide Review Board 175 South University Street West Lafayette, Indiana 47907-2063 (765) 494-1593 scottde@purdue.edu Statutory authority: IC 15-16-4-52; IC 15-16-4-69; IC 15-16-5-44; IC 15-16-5-65. For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-5 is: Eric P. Shields Indiana Economic Development Corporation One North Capitol, Suite 700 Indianapolis, IN 46204 (317) 234-3997 smallbizombudsman@iedc.in.gov Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-5, specifically IC 5-28-17-5(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator. Posted: 10/24/2012 by Legislative Services Agency An html version of this document. Date: Oct 26,2012 8:18:13AM EDT DIN: 20121024-IR-357120582RNA Page 1
Indiana Register TITLE 355 STATE CHEMIST OF THE STATE OF INDIANA Proposed Rule LSA Document #12-134 DIGEST Adds 355 IAC 4-3-0.5 to establish definitions of terms used in the rule. Amends 355 IAC 4-3-1 to eliminate the requirement for pesticide businesses to file proof of unexpired liability insurance annually. Amends 355 IAC 4- 3-2 to clarify the minimum coverage requirements for liability insurance. Amends 355 IAC 4-3-3 to clarify type and scope of liability coverage required. Amends 355 IAC 4-3-4 concerning acceptable proof of insurance form. Effective 30 days after filing with the Publisher. IC 4-22-2.1-5 Statement Concerning Rules Affecting Small Businesses 355 IAC 4-3-0.5; 355 IAC 4-3-1; 355 IAC 4-3-2; 355 IAC 4-3-3; 355 IAC 4-3-4 SECTION 1. 355 IAC 4-3-0.5 IS ADDED TO READ AS FOLLOWS: 355 IAC 4-3-0.5 Definitions Authority: IC 15-16-5-44 Affected: IC 15-16-5-19; IC 15-16-5-25; IC 27-1-3-20 Sec. 0.5. The following definitions apply throughout this rule: (1) "Pesticide", as defined in IC 15-16-5-25, includes, but is not limited to, the following products: (A) Fungicides. (B) Herbicides. (C) Insecticides. (D) Rodenticides. (E) Termiticides. (2) "Pesticide business license", as defined in IC 15-16-5-19, means the license issued annually by the state chemist to a for-hire: (A) pesticide application business; or (B) category 12 wood destroying pest inspection business. (3) "Wood destroying pest" means a wood infesting pest commonly targeted for inspection prior to a real estate transfer, including: (A) carpenter ants; (B) carpenter bees; (C) reinfesting wood boring beetles; (D) termites; or (E) wood destroying fungus. (State Chemist of the State of Indiana; 355 IAC 4-3-0.5) SECTION 2. 355 IAC 4-3-1 IS AMENDED TO READ AS FOLLOWS: 355 IAC 4-3-1 Proof of liability insurance Authority: IC 15-16-5-44 Affected: IC 15-16-5-48; IC 15-16-5-58; IC 27-1-3-20 Sec. 1. Applicants for licensure as (a) Prior to the issuance of a pesticide business license, applicants shall furnish evidence of financial responsibility liability insurance acceptable to the state chemist. prior to the issuance and upon annual renewal of such license or upon expiration of the proof of insurance on file with the state chemist. This requirement may be satisfied by: (1) liability insurance or a surety bond issued by a company holding a certificate of authority issued by the Indiana department of insurance under IC 27-1-3-20; or (2) certificate of financial responsibility issued by an institution licensed to do business in the state by the Date: Oct 23,2012 8:24:34AM EDT DIN: 20121017-IR-355120134PRA Page 1
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case summary - Office of Indiana State Chemist - Purdue University

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