SOURCE: Page 9, line 17; (11)AM036303.9. -->
Page 9, between lines 17 and 18, begin a new paragraph and insert:
SOURCE: IC 25-1-7-14; (11)AM036303.9. -->
"SECTION 9. IC 25-1-7-14, AS ADDED BY P.L.84-2010,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 14. (a) Notwithstanding any other law, if the board
of a regulated occupation believes that a person who is not licensed,
certified, or registered under this title is engaged in or is believed to be
engaged in activities for which a license, certification, or registration
is required under this title, the board may do the following:
(1) File a complaint with the attorney general, who shall
investigate and may file:
(A) with notice; or
(B) without notice, if the attorney general determines that
person is engaged in activities that may affect an individual's
health or safety;
a motion for a cease and desist order with the appropriate board.
For purposes of this subdivision, the board may designate a
board member or an employee of the Indiana professional
licencing agency to act on behalf or in the name of the board.
(2) Upon review of the attorney general's motion for a cease and
desist order, the board may issue an order requiring the affected
person to show cause why the person should not be ordered to
cease and desist from such activities. The show cause order must
set forth a time and place for a hearing at which the affected
person may appear and show cause as to why the person should
not be subject to licensing, certification, or registration under this
title. For purposes of this subdivision, the board may
designate a board member to act on behalf or in the name of
(b) If the board, after a hearing, determines that the activities in
which the person is engaged are subject to licensing, certification, or
registration under this title, the board may issue a cease and desist
order that must describe the person and activities that are the subject
of the order.
(c) A hearing conducted under this section must comply with the
requirements under IC 4-21.5.
(d) A cease and desist order issued under this section is enforceable
in the circuit or superior courts. A person who is enjoined under a
cease and desist order and who violates the order shall be punished for
contempt of court.
(e) A cease and desist order issued under this section does not
relieve any person from
prosecution under any other law.
Renumber all SECTIONS consecutively.
(Reference is to SB 363 as reprinted February 9, 2011.)
and when so amended that said bill do pass.
AM036303/DI 77 2011