410 Ind. Admin. Code 12-1-6

Current through May 29, 2024
Section 410 IAC 12-1-6 - Weighmasters; appointment; certificates of weight

Authority: IC 24-6-3-16

Affected: IC 16-44-2; IC 16-44-3; IC 24-6

Sec. 6.

(a) Any county, city, town, corporation, individual, firm, association, or institution in the state wishing to have designated as state weighmasters one (1) or more of its employees or other suitable person or persons shall forward written application therefor to the division of weights and measures, Indiana department of health, upon such form as may be prescribed by the division of weights and measures.
(b) A certificate of appointment as a weighmaster will be issued only to an individual. A certificate of appointment shall be posted at the location of the scale or scales designated in the application for the certificate. Each certificate shall be open to inspection and may be revoked and canceled by the division of weights and measures for incompetency, inaccuracy, or failure to perform the duties of the weighmaster. Each certificate of appointment must be returned to the division of weights and measures for cancellation when the weighmaster has lost his or her employment at the location for which the certificate of appointment was issued. Unless sooner revoked or canceled, each certificate of appointment as state weighmaster shall automatically expire four (4) years after the date of its issuance.
(c) Each certificate of weight or measure, issued by a state weighmaster, shall include all of the following information to be clearly shown on each such certificate issued:
(1) The date of the weighing.
(2) The nature of the commodity weighed.
(3) The actual weight of the consignment; in the case of a certificate of weight of a commodity transported in a vehicle and not susceptible of being readily weighed by itself, both the actual gross weight and the actual tare weight must be shown, together with the net weight computed therefrom.
(4) In any case where the weighmaster does not ascertain both gross and tare weights, the unused space therefor shall be out before certification.
(5) The name of the declared owner of the commodity.
(6) The name of the purchaser of the commodity, if known.
(7) The signature of the weighmaster.
(d) A copy of each certificate of weight shall be retained and kept available for official inspection at the location designated in the application for certificate of appointment as state weighmaster, for a period of not less than twelve (12) months from the date of the weighing to which that certificate applies.
(e) No certificate of weight shall be issued by a state weighmaster under any of the following conditions:
(1) When the scale at his or her disposal has not been officially approved by the division of weights and measures at the last previous official examination within a period of twelve (12) months preceding the date of weighing.
(2) When the total length of wheelbase of the vehicle to be weighed exceeds the length of the platform of the scale at the weighmaster's disposal.
(3) When the weight of the gross load exceeds the nominal or rated capacity of the scale at the weighmaster's disposal.
(4) When a vehicle is to be weighed, either empty or loaded, and any person is in or on the vehicle or on the scale platform at the time of weighing.
(5) When the loaded or unloaded vehicle weighs less than one thousand (1,000) pounds and the scale at the weighmaster's disposal is a vehicle scale.

410 IAC 12-1-6

Indiana State Department of Health; Reg WM 6; filed Feb 23, 1950, 2:00 pm: Rules and Regs. 1951, p. 176; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; filed 7/8/2014, 2:42 p.m.: 20140806-IR-410130455FRA
Readopted filed 11/13/2019, 3:14 p.m.: 20191211-IR-410190391RFA
Errata filed 7/28/2021, 9:38 a.m.: 20210811-IR-410210314ACA

NOTE: The current address of the State Division of Weights and Measures is: 1330 West Michigan Street, Indianapolis, Indiana, 46206