February 11, 2005
SENATE BILL No. 139
_____
DIGEST OF SB 139
(Updated February 10, 2005 11:13 am - DI 87)
Citations Affected: IC 25-1; IC 25-4; IC 25-6.1; IC 25-7; IC 25-8;
IC 25-9; IC 25-15; IC 25-20.2; IC 25-21.5; IC 25-23.7; IC 25-28.5;
IC 25-30; IC 25-31; IC 25-34.1; noncode.
Synopsis: Professional licensing agency. Establishes a process for
renewing a license or certificate. Provides that a board may request the
attorney general's office to investigate a prohibited act committed by an
applicant. Provides that the professional licensing agency may stagger
license or certificate renewal cycles. Provides that certain boards and
commissions must establish licensing, renewal, examination,
application, reinstatement, and restoration fees for licenses and
certificates. Allows an applicant for registration as a professional
engineer who has failed three or more exams to obtain approval from
the board to take subsequent exams. Allows the board to issue a
registration as a professional engineer to a person who: (1) completes
an engineering curriculum and at least three years of work experience;
and (2) has been registered or licensed as a professional engineer in
another state for at least ten years. Repeals corresponding provisions
concerning appeals of denials of license renewals, investigation of
certain complaints, and renewal fees for land surveyors.
Effective: July 1, 2005.
Meeks
January 4, 2005, read first time and referred to Committee on Governmental Affairs and
Interstate Cooperation.
February 10, 2005, amended, reported favorably _ Do Pass.
February 11, 2005
First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2004 Regular Session of the General Assembly.
SENATE BILL No. 139
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 25-1-6-1; (05)SB0139.1.1. -->
SECTION 1. IC 25-1-6-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 1. (a) By enactment of this chapter,
the general assembly intends that, with the exception of the director,
the staff of the Indiana professional licensing agency be comprised
initially from among persons employed by the boards to which this
chapter applies, and that no increase in the aggregate number of
persons so employed be allowed by the state personnel department and
the state budget agency except to comply with the provisions of this
chapter.
(b) It is the further intent of the general assembly that The
centralization of staff, functions, and services contemplated by this
chapter shall be done in such a way as to enhance the licensing
agency's ability to:
(1) make maximum use of data processing as a means of more
efficient operation;
(2) provide more services and carry out functions of superior
quality; and
(3) ultimately and significantly reduce the number of staff needed
to provide these services and carry out these functions.
SOURCE: IC 25-1-6-3; (05)SB0139.1.2. -->
SECTION 2. IC 25-1-6-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 3. (a) There is established the
Indiana professional licensing agency. The licensing agency shall
perform all administrative functions, duties, and responsibilities
assigned by law or rule to the executive director, secretary, or other
statutory administrator of the following:
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects
(IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2-1).
(4) State board of barber examiners (IC 25-7-5-1).
(5) State boxing commission (IC 25-9-1).
(6) State board of cosmetology examiners (IC 25-8-3-1).
(7) State board of funeral and cemetery service (IC 25-15-9).
(8) State board of registration for professional engineers
(IC 25-31-1-3).
(9) Indiana plumbing commission (IC 25-28.5-1-3).
(10) Indiana real estate commission (IC 25-34.1).
(11) Real estate appraiser licensure and certification board
(IC 25-34.1-8-1).
(12) Private detectives licensing board (IC 25-30-1-5.1).
(13) State board of registration for land surveyors
(IC 25-21.5-2-1).
(14) Manufactured home installer licensing board (IC 25-23.7).
(15) Home inspectors licensing board (IC 25-20.2-3-1).
(b) Except for appeals of denials of license renewals to the
executive director authorized by section 5.5 of this chapter, Nothing in
this chapter may be construed to give the licensing agency policy
making authority, which remains with each board.
SOURCE: IC 25-1-6-4; (05)SB0139.1.3. -->
SECTION 3. IC 25-1-6-4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 4. (a) The licensing agency shall
employ necessary staff, including specialists and professionals, to carry
out the administrative duties and functions of the boards, including but
not limited to:
(1) notice of board meetings and other communication services;
(2) record keeping of board meetings, proceedings, and actions;
(3) record keeping of all persons or individuals licensed,
regulated, or certified by a board;
(4) administration of examinations; and
(5) administration of license or certificate issuance or renewal.
(b) In addition, the licensing agency:
(1) shall prepare a consolidated statement of the budget requests
of all the boards in section 3 of this chapter;
(2) may coordinate licensing or certification renewal cycles,
examination schedules, or other routine activities to efficiently
utilize licensing agency staff, facilities, and transportation
resources, and to improve accessibility of board functions to the
public; and
(3) may consolidate, where feasible, office space, record keeping,
and data processing services.
(4) shall, upon written request, furnish at cost to any person a list
of the names and addresses of persons holding a license or permit
issued by one (1) of the boards listed in section 3 of this chapter.
(c) In administering the renewal of licenses or certificates under this
chapter, the licensing agency shall issue a sixty (60) day notice of
expiration to all holders of a license or certificate. The notice
shall be
accompanied by appropriate renewal forms. must inform the holder
of a license or certificate of the requirements to:
(1) renew the license or certificate; and
(2) pay the renewal fee.
(d) If the licensing agency fails to send notice of expiration
under subsection (c), the holder of the license or certificate is not
subject to a sanction for failure to renew if the holder renews the
license or certificate not more than forty-five (45) days after the
holder receives the notice from the licensing agency.
(e) The licensing agency may require an applicant for a license
or certificate renewal to submit evidence showing that the
applicant:
(1) meets the minimum requirements for licensure or
certification; and
(2) is not in violation of:
(A) the law regulating the applicant's profession; or
(B) rules adopted by the board regulating the applicant's
profession.
(f) The licensing agency may delay renewing a license or
certificate for not more than ninety (90) days after the renewal
date to permit the board to investigate information received by the
licensing agency that the applicant for renewal may have
committed an act for which the applicant may be disciplined. If the
licensing agency delays renewing a license or certificate, the
licensing agency shall notify the applicant that the applicant is
being investigated. Except as provided in subsection (g), the board
shall do one (1) of the following before the expiration of the ninety
(90) day period:
(1) Deny renewal of the license or certificate following a
personal appearance by the applicant before the board.
(2) Renew the license or certificate upon satisfaction of all
other requirements for renewal.
(3) Renew the license and file a complaint under IC 25-1-7.
(4) Request the office of the attorney general to conduct an
investigation under subsection (h) if, following a personal
appearance by the applicant before the board, the board has
good cause to believe that the applicant engaged in activity
described in IC 25-1-11-5.
(5) Upon agreement of the applicant and the board and
following a personal appearance by the applicant before the
board, renew the license or certificate and place the applicant
on probation status under IC 25-1-11-12.
(g) If an applicant fails to appear before the board under
subsection (f), the board may take action as provided in subsection
(f)(1), (f)(2), or (f)(3).
(h) If the board makes a request under subsection (f)(4), the
office of the attorney general shall conduct an investigation. Upon
completion of the investigation, the office of the attorney general
may file a petition alleging that the applicant has engaged in
activity described in IC 25-1-11-5. If the office of the attorney
general files a petition, the board shall set the matter for a public
hearing. If, after a public hearing, the board finds the applicant
violated IC 25-1-11-5, the board may impose sanctions under
IC 25-1-11-12. The board may delay renewing a license or
certificate beyond ninety (90) days after the renewal date until a
final determination is made by the board. The applicant's license
or certificate remains valid until the final determination of the
board is rendered unless the renewal is:
(1) denied; or
(2) summarily suspended under IC 25-1-11-13.
(i) The license or certificate of the applicant for license renewal
remains valid during the ninety (90) day period unless the license
or certificate is denied following a personal appearance by the
applicant before the board before the end of the ninety (90) day
period. If the ninety (90) day period expires without action by the
board, the license or certificate shall be automatically renewed at
the end of the ninety (90) day period.
(j) Notwithstanding any other law, the licensing agency may
stagger license or certificate renewal cycles.
(k) An application for a license or certificate is abandoned
without an action by the board if the applicant does not complete
the requirements for obtaining the license or certificate not more
than one (1) year after the date on which the application was filed.
However, the board may, for good cause shown, extend the validity
of the application for additional thirty (30) day periods. An
application submitted after the abandonment of an application is
considered a new application.
SOURCE: IC 25-1-6-5; (05)SB0139.1.4. -->
SECTION 4. IC 25-1-6-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 5. (a) The licensing agency shall be
administered by an executive director appointed by the governor who
shall serve at the will and pleasure of the governor.
(b) The executive director must be qualified by experience and
training.
(c) The term "executive director" or "secretary", or any other
statutory term for the administrative officer of a board listed in section
3 of this chapter, means the executive director of the licensing agency
or
his the executive director's designee.
(d) The executive director is the chief fiscal officer of the licensing
agency and is responsible for hiring of all staff and for procurement of
all services and supplies in accordance with IC 5-22. The executive
director and the employees of the licensing agency are subject to
IC 4-15-1.8 but are not under IC 4-15-2. The executive director may
appoint no more than three (3) deputy directors, who must be qualified
to work for the boards which are served by the licensing agency.
(e) The executive director shall execute a bond payable to the state,
with surety to consist of a surety or guaranty corporation qualified to do
business in Indiana, in an amount fixed by the state board of accounts,
conditioned upon the faithful performance of duties and the accounting
for all money and property that come into the executive director's hands
or under the executive director's control. The executive director may
likewise cause any employee of the licensing agency to execute a bond
if that employee receives, disburses, or in any way handles funds or
property of the licensing agency. The costs of any such bonds shall be
paid from funds available to the licensing agency.
(f) The executive director may present to the general assembly
legislative recommendations regarding operations of the licensing
agency and the boards it serves, including adoption of four (4) year
license or certificate renewal cycles wherever feasible.
(g) Upon the request of a board or commission, the executive
director may execute orders, subpoenas, continuances, and other
legal documents on behalf of the board or commission.
(h) Upon the request of a board or commission, the executive
director may provide advice and technical assistance on issues that
may be presented to the board or commission.
SOURCE: IC 25-1-6-5.5; (05)SB0139.1.5. -->
SECTION 5. IC 25-1-6-5.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5.5. (a) A person who
has a license renewal denied by a board listed in section 3 of this
chapter may file an appeal of the denial with the executive director of
the licensing agency. in accordance with IC 4-21.5-3.
(b) IC 4-21.5-3-29 and IC 4-21.5-3-30 govern the executive
director's review of an appeal filed under subsection (a).
SOURCE: IC 25-1-8-7; (05)SB0139.1.6. -->
SECTION 6. IC 25-1-8-7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]: Sec. 7. (a) As used in this section, "board" includes the
entities listed in IC 25-1-6-3.
(b) Notwithstanding any other law regarding fees for
reinstatement or restoration of a delinquent or lapsed license,
certificate, or registration, a delinquent or lapsed license,
certificate, or registration that was issued by the board may not be
reinstated or restored unless the holder of the license, certificate,
or registration pays:
(1) the fee established by the board under section 2 of this
chapter; and
(2) a reinstatement fee established by the Indiana professional
licensing agency.
(c) A license, certificate, or registration may not be reinstated or
restored unless the holder of the license, certificate, or registration
completes all other requirements for reinstatement or restoration
of the license, certificate, or registration that are:
(1) provided for in statute or rule; and
(2) not related to fees.
(d) This section does not apply to a license, certificate, or
registration if one (1) of the following applies:
(1) The license, certificate, or registration has been revoked or
suspended.
(2) A statute specifically does not allow a license, certificate,
or registration to be reinstated or restored.
SOURCE: IC 25-1-11-10; (05)SB0139.1.7. -->
SECTION 7. IC 25-1-11-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 10. The board may
order a practitioner to submit to a reasonable physical or mental
examination,
at the practitioner's expense, if the practitioner's
physical or mental capacity to practice safely and competently is at
issue in a disciplinary proceeding.
SOURCE: IC 25-1-11-18; (05)SB0139.1.8. -->
SECTION 8. IC 25-1-11-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 18. A practitioner who
has been subjected to disciplinary sanctions may be required by a board
to pay the costs of the proceeding. The practitioner's ability to pay shall
be considered when costs are assessed. If the practitioner fails to pay
the costs, a suspension may not be imposed solely upon the
practitioner's inability to pay the amount assessed. These costs are
limited to costs for the following:
(1) Court reporters.
(2) Transcripts.
(3) Certification of documents.
(4) Photo duplication.
(5) Witness attendance and mileage fees.
(6) Postage.
(7) Expert witnesses.
(8) Depositions.
(9) Notarizations.
(10) Administrative law judges.
SOURCE: IC 25-1-11-19; (05)SB0139.1.9. -->
SECTION 9. IC 25-1-11-19 IS ADDED TO THE CODE AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2005]:
Sec. 19. (a) The board may refuse to issue a license or may
issue a probationary license to an applicant for licensure if:
(1) the applicant has:
(A) been disciplined by a licensing entity of another state
or jurisdiction; or
(B) committed an act that would have subjected the
applicant to the disciplinary process if the applicant had
been licensed in Indiana when the act occurred; and
(2) the violation for which the applicant was or could have
been disciplined has a bearing on the applicant's ability to
competently perform or practice the profession in Indiana.
(b) Whenever the board issues a probationary license, the board
may require a licensee to do any of the following:
(1) Report regularly to the board upon the matters that are
the basis of the discipline of the other state or jurisdiction.
(2) Limit practice to the areas prescribed by the board.
(3) Continue or renew professional education requirements.
(4) Engage in community restitution or service without
compensation for the number of hours specified by the board.
(5) Perform or refrain from performing an act that the board
considers appropriate to the public interest or to the
rehabilitation or treatment of the applicant.
(c) The board shall remove any limitations placed on a
probationary license under this section if the board finds after a
public hearing that the deficiency that required disciplinary action
has been remedied.
SOURCE: IC 25-1-11-20; (05)SB0139.1.10. -->
SECTION 10. IC 25-1-11-20 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 20. The board may require an
applicant for licensure to appear before the board before issuing
a license.
SOURCE: IC 25-4-1-6; (05)SB0139.1.11. -->
SECTION 11. IC 25-4-1-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. (a) Any A person
desiring to engage or continue in the practice of architecture in this
state, shall:
(1) apply to the board for a certificate of registration; authorizing
such person so to do, and
(2) shall submit evidence to the board that he the person is
qualified to engage or continue in the practice of architecture;
in compliance with the requirements of this chapter.
(b) The application for a certificate of registration shall be:
(1) made on a form which shall be prescribed and furnished by
the board;
(2) shall be verified; and
(3) shall be accompanied by the prescribed fee. a fee established
by the board under IC 25-1-8-2.
SOURCE: IC 25-4-1-14; (05)SB0139.1.12. -->
SECTION 12. IC 25-4-1-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 14. (a) Every registered
architect who continues in active practice shall, biennially, on or before
November 2, the date established by the licensing agency under
IC 25-1-6-4, renew the registered architect's certificate of registration
and pay the required renewal fee.
Every license or certificate of
registration that has not been renewed during the month of November
in any year expires on December 1 in that year. A registered architect
whose certificate of registration has expired may have the certificate
restored only upon payment of the required
restoration fee
under
IC 25-1-8-7.
(b) Subject to subsection (c), any architect registered or licensed in
this state who has failed to renew the architect's certificate of
registration for a period of not more than five (5) years may have the
certificate renewed at any time within a period of five (5) years after
the registration expired upon:
(1) making application to the board for renewal of the
registration; and
(2) paying a renewal fee equal to the sum of the renewal fees that
the applicant would have paid if the applicant had regularly
renewed the applicant's registration during the period that the
applicant's registration lapsed. required under IC 25-1-8-7.
(c) If any registered architect desires to retire from the practice of
architecture in Indiana, the architect may submit to the board the
architect's verified statement of intention to withdraw from practice.
The statement shall be entered upon the records of the board. During
the period of the architect's retirement, the architect is not liable for any
renewal or restoration fees. If any retired architect desires to return to
the practice of architecture in Indiana within a period of five (5) years
from the date that the architect files a statement under this subsection,
the retired architect must:
(1) file with the board a verified statement indicating the
architect's desire to return to the practice of architecture; and
(2) pay
(A) a renewal fee equal to the fee set by the board to renew an
unexpired registration under this chapter. if the retired
architect's registration is renewed for one (1) year or more in
a biennial renewal cycle established under subsection (a); or
(B) a renewal fee equal to one-half (1/2) the fee set by the
board to renew an unexpired registration under this chapter, if
the retired architect's registration is renewed for less than one
(1) year in a biennial renewal cycle established under
subsection (a).
SOURCE: IC 25-4-1-16; (05)SB0139.1.13. -->
SECTION 13. IC 25-4-1-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 16. (a) The fee to be
paid by an applicant for an examination to determine his the
applicant's fitness to receive a certificate of registration as a registered
architect shall be twenty-five dollars ($25.00). established by the
board under IC 25-1-8-2.
(b) The fee to be paid by an applicant for a certificate of registration
as a registered architect shall be twenty-five dollars ($25.00).
established by the board under IC 25-1-8-2.
(c) The fee to be paid for the restoration of an expired certificate of
registration as a registered architect shall be one dollar ($1.00) after the
certificate has been in default for one (1) month, and an additional one
dollar ($1.00) for each succeeding month or fraction thereof of such
default but not exceeding a maximum restoration fee of ten dollars
($10.00). Such established under IC 25-1-8-7. The restoration fee
shall be in addition to all unpaid renewal fees.
(d) The fee to be paid upon renewal of a certificate of registration
shall be fifteen dollars ($15.00). established by the board under
IC 25-1-8-2.
(e) The fee to be paid by an applicant for a certificate of registration
who is an architect registered or licensed under the laws of another
state or territory of the United States, or of a foreign country or
province, shall be twenty-five dollars ($25.00). established by the
board under IC 25-1-8-2.
SOURCE: IC 25-4-2-3; (05)SB0139.1.14. -->
SECTION 14. IC 25-4-2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) To qualify for
registration as a landscape architect, an applicant must:
(1) submit evidence that the applicant is an individual who is at
least eighteen (18) years of age;
(2) submit evidence that the applicant has:
(A) graduated from an accredited curriculum of landscape
architecture presented by a college or school approved by the
board; or
(B) attained before January 1, 2003, at least eight (8) years of
actual practical experience in landscape architectural work of
a grade and character satisfactory to the board;
(3) submit evidence that the applicant has paid the examination
fee and the license application fee set by the board;
(4) provide an affidavit that indicates that the applicant does not
have a conviction for:
(A) an act that would constitute a ground for disciplinary
action under IC 25-1-11; or
(B) a felony that has a direct bearing on his the applicant's
ability to practice competently;
(5) pass the examination required by the board under section 4 of
this chapter after meeting the requirements in subdivisions (1)
through (4); and
(6) submit evidence that the applicant has at least three (3) years
of diversified, actual, and practical experience in landscape
architectural work of a grade and character satisfactory to the
board.
(b) The board shall issue a certificate of registration under this
chapter to an applicant who meets the requirements in this section.
SOURCE: IC 25-6.1-3-2; (05)SB0139.1.15. -->
SECTION 15. IC 25-6.1-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) Every individual,
before acting as an auctioneer, must obtain a license from the
commission.
(b) An applicant for a license must:
(1) be at least eighteen (18) years of age;
(2) have completed at least eighty (80) actual hours of auction
instruction from a course provider approved by the commission;
(3) not have a conviction for:
(A) an act which would constitute a ground for disciplinary
sanction under IC 25-1-11; or
(B) a felony that has a direct bearing on the applicant's ability
to practice competently.
(c) Auction instruction required under subsection (b) must provide
the applicant with knowledge of all of the following:
(1) The value of real estate and of various goods commonly
sold at an auction.
(2) Bid calling.
(3) Sale preparation, sale advertising, and sale summary.
(4) Mathematics.
(5) The provisions of this article and the commission's rules.
(6) Any other subject matter approved by the commission.
(d) An individual seeking an initial license as an auctioneer under
this article shall file with the commission a completed application on
the form prescribed by the commission. When filing an
initial
application for an auctioneer license, each individual shall
(1) pay a nonrefundable examination fee
of thirty-five dollars
($35) established by the commission under IC 25-1-8-2. and
(2) pay a surcharge under IC 25-6.1-8 for deposit in the
auctioneer recovery fund.
(e) When
filing an application applying for a renewal of an
auctioneer license, each individual shall do the following:
(1)
File with the commission a completed application on the form
prescribed Apply in a manner required by the commission,
including certification by the applicant that the applicant has
complied with the requirements of IC 25-6.1-9-8, unless the
commission has granted the applicant a waiver under
IC 25-6.1-9-9.
(2) Pay the license fee prescribed by section 5 of this chapter.
(f) Upon the receipt of a completed application for an initial or a
renewal license, the commission shall examine the application and
verify the information contained therein.
(g) An applicant who is seeking an initial license must pass an
examination
prepared and administered approved by the commission
that covers subjects and topics of knowledge required to practice
as an auctioneer. The commission shall hold examinations as the
commission may prescribe.
The examination for an auctioneer's license
shall include questions on the applicant's:
(1) ability to read and write;
(2) knowledge of the value of real estate and of various goods
commonly sold at an auction;
(3) knowledge of calling;
(4) knowledge of sale preparation, sale advertising, and sale
summary;
(5) knowledge of mathematics; and
(6) knowledge of the provisions of this article and the
commission's rules.
(h) The commission shall issue an auctioneer's license, in such form
as it may prescribe, to each individual who meets all of the
requirements for licensing and pays the appropriate fees.
(i) Auctioneer licenses shall be issued for a term of four (4) years.
A license expires at midnight February 28, 2004, on the date
established by the licensing agency under IC 25-1-6-4 and every
fourth year thereafter, unless renewed before that date. If the license
has expired, it may be reinstated not more than one (1) year after the
date it expired upon the payment of the renewal fee plus the sum of
twenty-five dollars ($25) reinstatement fee established under
IC 25-1-8-7 and submission of proof that the applicant has complied
with the continuing education requirement. If the license has expired
for a period of more than one (1) year, the person must file an
application and take the required examination. However, an applicant
for restoration reinstatement of an expired license is not required to
complete the initial eighty (80) hour education requirement under this
section in order to restore reinstate the expired license. The holder of
an expired license shall cease to display the original wall certificate at
the holder's place of business and shall return the wall certificate to the
commission upon notification by the commission of the expiration of
the holder's license.
(j) The commission may waive the requirement that a nonresident
applicant pass an examination and that the nonresident submit written
statements by two (2) individuals, if the nonresident applicant:
(1) is licensed to act as an auctioneer in the state of the applicant's
domicile;
(2) submits with the application a duly certified letter of
certification issued by the licensing board of the applicant's
domiciliary state;
(3) is a resident of a state whose licensing requirements are
substantially equal to the requirements of Indiana;
(4) is a resident of a state that grants the same privileges to the
licensees of Indiana; and
(5) includes with the application an irrevocable consent that
actions may be commenced against the applicant. The consent
shall stipulate that service of process or pleadings on the
commission shall be taken and held in all courts as valid and
binding as if service of process had been made upon the applicant
personally within this state. If any process or pleading mentioned
in this subsection is served upon the commission, it shall be by
duplicate copies. One (1) of the duplicate copies shall be filed in
the office of the commission and one (1) shall be immediately
forwarded by the commission by registered or certified mail to the
applicant against whom the process or pleadings are directed.
(k) The commission may enter into a reciprocal agreement with
another state concerning nonresident applicants.
(l) The commission may, for good cause shown, upon the receipt of
an application for a license, issue a temporary permit for such
reasonable period of time, not to exceed one (1) year, as the
commission deems appropriate. A temporary permit has the same
effect as a license and entitles and subjects the permittee to the same
rights and obligations as if the individual had obtained a license.
(m) An applicant for a temporary permit must do the following:
(1) File an examination application.
(2) Pass the examination at one (1) of the next two (2) regularly
scheduled examinations.
(n) An individual who does not pass the examination required under
subsection (m) may not be issued a temporary permit.
SOURCE: IC 25-6.1-3-5; (05)SB0139.1.16. -->
SECTION 16. IC 25-6.1-3-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) At the time of
obtaining a license under this chapter, the licensee shall pay:
(1) the license fee prescribed by this section established by the
commission under IC 25-1-8-2; and
(2) a surcharge under IC 25-6.1-8 for deposit in the auctioneer
recovery fund.
(b) The fee for the license issued to any person, auction company,
or auction house during each licensing period is seventy dollars ($70).
(c) The commission may adopt rules that provide for the payment
of a proportionate amount of the licensing fee if a license will be issued
for less than the full term of the license.
SOURCE: IC 25-6.1-3-8; (05)SB0139.1.17. -->
SECTION 17. IC 25-6.1-3-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8. (a) The commission
may charge the fee established under IC 25-1-8-2 as the cost of
providing duplicate licenses to replace lost or destroyed licenses.
(b) The commission may charge five dollars ($5) as the a fee
established under IC 25-1-8-2 for the cost of certified copies of
licenses, which may include certified copies of a type and size which
can be easily carried on the person of the licensee. verifying a license
to another state.
SOURCE: IC 25-6.1-9-7; (05)SB0139.1.18. -->
SECTION 18. IC 25-6.1-9-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. A licensee who is
initially licensed in the second fourth year of a renewal period is
exempt from the continuing education requirement under this chapter
for that renewal period.
SOURCE: IC 25-7-6-1; (05)SB0139.1.19. -->
SECTION 19. IC 25-7-6-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) If the board
determines that:
(1) a person possesses a valid license from another jurisdiction to
perform acts that require a license under this article; and
(2) the jurisdiction issuing the license imposes substantially
equivalent requirements on applicants for the license as are
imposed on applicants for an Indiana license;
the board may issue a license to perform those acts in Indiana to the
person upon payment of the fee required under 816 IAC 1-3-1.
established by the board under IC 25-1-8-2.
(b) This subsection applies only to applications for a barber license
under IC 25-7-10. If the jurisdiction issuing the license does not impose
substantially equivalent requirements as required under subsection
(a)(2), the board may approve a combination of education hours plus
actual licensed practice in the other jurisdiction when issuing a license
to a person from that jurisdiction. One (1) year of licensed practice is
equal to one hundred (100) hours of education to an applicant who has
completed a minimum of one thousand (1,000) hours of education.
SOURCE: IC 25-7-6-14; (05)SB0139.1.20. -->
SECTION 20. IC 25-7-6-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 14. An expired barber
license may be restored reinstated by payment of the restoration fee
plus all unpaid reinstatement and renewal fees required under
IC 25-1-8-2 and IC 25-1-8-7 within five (5) years of the expiration
date of the license. After five (5) years from the date that a barber
license expires under this section, the person whose license has expired
may restore reinstate the license only by:
(1) applying for restoration reinstatement of the license;
(2) paying the fee fees set forth under IC 25-7-11 and
IC 25-1-8-7; and
(3) taking the same examination required under IC 25-7-10 for an
applicant for a license to practice as a registered barber.
SOURCE: IC 25-7-6-15; (05)SB0139.1.21. -->
SECTION 21. IC 25-7-6-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 15. (a) If a person does
not receive a satisfactory grade on the examination described in section
14(3) of this chapter, the board may deny the petition to restore
reinstate the license.
(b) The board may restore reinstate a license held by a person
described in subsection (a) if the person complies with rules adopted
by the board to permit further examination of the person for license
restoration. reinstatement.
SOURCE: IC 25-7-10-11; (05)SB0139.1.22. -->
SECTION 22. IC 25-7-10-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 11. The board may not:
(1) renew or restore reinstate a work permit; or
(2) grant a person more than one (1) work permit;
issued under section 7 of this chapter.
SOURCE: IC 25-7-11-2; (05)SB0139.1.23. -->
SECTION 23. IC 25-7-11-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) The board shall
charge a fee of three hundred dollars ($300) for an application to issue
or renew a barber school license. adopt rules under IC 4-22-2 to
establish fees for the application, issuance, and renewal of barber
school licenses under IC 25-1-8-2.
(b) In addition to the fee charged under subsection (a), the board
shall charge a fee for restoring reinstating a barber school license
under IC 25-1-8-7.
(c) The fee charged under subsection (b) shall be determined by the
date that the applicant applies for the restoration of the license as
follows:
Number of days following
expiration of license Fee
0-30
$0
31-180
$150
181-191
$200
(d) The fee charged under subsection (b) shall be accompanied by
all unpaid renewal fees.
(e) (c) A barber school license may not be restored reinstated if at
least one hundred ninety-two (192) days have (1) year has passed
since the license expired. However, the barber school may obtain a new
license by:
(1) making application;
(2) meeting the requirements for licensure; and
(3) paying a fee of four hundred dollars ($400). established by
the board under IC 25-1-8-2.
SOURCE: IC 25-7-11-3; (05)SB0139.1.24. -->
SECTION 24. IC 25-7-11-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) The board shall
charge a fee of forty dollars ($40) to issue or renew an instructor
license.
(b) To restore an expired barber instructor license, the board shall
charge a fee of seventy-five dollars ($75) plus all unpaid renewal fees.
(c) The board shall charge a fee of fifty dollars ($50) for providing
an examination to an applicant for a barber instructor license. adopt
rules under IC 4-22-2 to establish fees related to an instructor's
license under IC 25-1-8-2.
SOURCE: IC 25-7-11-4; (05)SB0139.1.25. -->
SECTION 25. IC 25-7-11-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. (a) The board shall
charge a fee of forty dollars ($40) for issuing or renewing a barber shop
license.
(b) The board shall charge a fee for restoring a barber shop license
that shall be determined by the date that the applicant applies for the
restoration of the license as follows:
Number of days following
expiration of license Fee
0-30 $ 10
31-180 $ 50
181-191 $100
(c) The fee charged under subsection (b) shall be accompanied by
all unpaid renewal fees. adopt rules under IC 4-22-2 to establish fees
related to barber shop licenses under IC 25-1-8-2.
(d) (b) A barber shop license may not be restored reinstated if at
least one hundred ninety-two (192) days have (1) year has passed
since the license expired. However, the barber shop may obtain a new
license by:
(1) making application;
(2) meeting the requirements for licensure; and
(3) paying a fee of one hundred forty dollars ($140). the fees
established under IC 25-1-8-2.
SOURCE: IC 25-7-11-5; (05)SB0139.1.26. -->
SECTION 26. IC 25-7-11-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) The board shall
charge a fee of at least thirty dollars ($30) and not more than fifty
dollars ($50) establish fees under IC 25-1-8-2 for providing an
examination to an applicant for a barber license.
(b) The board shall
charge a fee of forty dollars ($40) establish fees
under IC 25-1-8-2 for issuing or renewing a barber license.
(c) The board shall charge a fee
for restoring established under
IC 25-1-8-7 for reinstating a barber license.
that shall be determined
by the date that the applicant applies for the restoration of the license
as follows:
Number of days following
expiration of license Fee
0-30 $ 10
31-181 $ 50
182-5 years $100
(d) The fee charged under subsection (c) shall be accompanied by
all unpaid renewal fees.
SOURCE: IC 25-7-11-6; (05)SB0139.1.27. -->
SECTION 27. IC 25-7-11-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. The board shall
charge establish a fee of ten dollars ($10) under IC 25-1-8-2 for
issuing a duplicate license.
SOURCE: IC 25-7-12-1; (05)SB0139.1.28. -->
SECTION 28. IC 25-7-12-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. The board may under
IC 4-21.5:
(1) refuse to issue, renew, or restore reinstate a license issued
under this article; or
(2) suspend or revoke a license issued under this article;
if the board determines that the applicant or license holder has not
complied with IC 25-1-11.
SOURCE: IC 25-8-4-21; (05)SB0139.1.29. -->
SECTION 29. IC 25-8-4-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 21. Except as provided
in IC 25-8-9-11, the board may, upon application, restore reinstate a
license under this chapter that has expired if the person holding the
license:
(1) pays any unpaid renewal fees to established by the board
under IC 25-1-8-2;
(2) pays the license restoration reinstatement fee set forth in
IC 25-8-13; established under IC 25-1-8-7;
(3) complies with all requirements imposed by this article on an
applicant for an initial license to perform the acts authorized by
the license being restored reinstated, other than receiving a
satisfactory grade (as defined in section 9 of this chapter) on an
examination prescribed by the board; and
(4) fulfills the continuing education requirements under
IC 25-8-15.
SOURCE: IC 25-8-4-22; (05)SB0139.1.30. -->
SECTION 30. IC 25-8-4-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 22. (a) Except as
provided in subsection (b), the board may not
restore reinstate a
license issued under this article if the person holding the license does
not petition for license renewal within three (3) years after the
expiration of the license, unless that person complies with section 23
of this chapter.
(b) The board may not restore: reinstate:
(1) a cosmetology salon license issued under IC 25-8-5;
(2) an electrology salon license issued under IC 25-8-7.2;
(3) an esthetician salon license issued under IC 25-8-12.6;
(4) a manicurist salon license issued under IC 25-8-7.1; or
(5) a cosmetology school license issued under IC 25-8-7;
unless the license holder submits an application for restoration
reinstatement of the license within six (6) months after the date the
license expired.
SOURCE: IC 25-8-4-23; (05)SB0139.1.31. -->
SECTION 31. IC 25-8-4-23 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 23. The board may
restore reinstate a license issued under this article held by a person
described in section 22(a) of this chapter if the applicant:
(1) receives a satisfactory grade (as defined in section 9 of this
chapter) on an examination prescribed by the board;
(2) pays the examination fee set forth in IC 25-8-13;
(3) pays the restoration reinstatement fee set forth in IC 25-8-13;
established under IC 25-1-8-7; and
(4) complies with all requirements imposed by this article on an
applicant for an initial license to perform the acts authorized by
the license being restored. reinstated.
SOURCE: IC 25-8-4-24; (05)SB0139.1.32. -->
SECTION 32. IC 25-8-4-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 24. If a person does not
receive a satisfactory grade on the examination described in section 23
of this chapter, the board may not restore reinstate that person's license
until the person has:
(1) successfully completed the cosmetology school program
required for an applicant for a license issued under this article to
perform the acts authorized by the license being restored;
reinstated;
(2) received a satisfactory grade (as defined in section 9 of this
chapter) on an examination prescribed by the board;
(3) paid the examination fee set forth in IC 25-8-13;
(4) paid the license fee set forth in IC 25-8-13; and
(5) complied with all requirements imposed by this article on an
applicant for an initial license to perform the acts authorized by
the license being restored. reinstated.
SOURCE: IC 25-8-4-25; (05)SB0139.1.33. -->
SECTION 33. IC 25-8-4-25 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 25. If a person does not
receive a satisfactory grade on the examination described in section
24(2) of this chapter, the board may deny the petition to
restore
reinstate the license.
SOURCE: IC 25-8-4-26; (05)SB0139.1.34. -->
SECTION 34. IC 25-8-4-26 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 26. The board may
restore reinstate a license held by a person described in section 25 of
this chapter if that person complies with any rules adopted by the board
to permit further examination of that person for license restoration.
reinstatement.
SOURCE: IC 25-8-4-27; (05)SB0139.1.35. -->
SECTION 35. IC 25-8-4-27 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 27. If a person holding
a license described in section 22(b) of this chapter does not comply
with the restoration reinstatement application filing requirements set
forth in that section, that person may:
(1) file an application for a new license to operate:
(A) a cosmetology salon;
(B) an electrology salon;
(C) an esthetic salon;
(D) a manicurist salon; or
(E) a cosmetology school;
under this article; and
(2) pay the restoration reinstatement fee set forth in:
(A) IC 25-8-13-3; or
(B) IC 25-8-13-5(b).
SOURCE: IC 25-8-9-11; (05)SB0139.1.36. -->
SECTION 36. IC 25-8-9-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 11. The board may not
renew or restore reinstate a license issued under section 7 of this
chapter.
SOURCE: IC 25-8-13-3; (05)SB0139.1.37. -->
SECTION 37. IC 25-8-13-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) The board shall
charge a fee of four hundred dollars ($400) established by the board
under IC 25-1-8-2 for an application to issue or renew a cosmetology
school license.
(b) The board shall charge a fee established under IC 25-1-8-7 for
restoring reinstating a cosmetology school license. The restoration fee
shall be assessed in addition to the fee charged for renewing the
license. The fee must be determined according to the date that the
applicant applies for the restoration of the license as follows:
Days Following
Expiration of License Fee
1- 30 $200
31- 180 300
More than 180 400
SOURCE: IC 25-8-13-4; (05)SB0139.1.38. -->
SECTION 38. IC 25-8-13-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. (a) The board shall
charge a fee of forty dollars ($40) established by the board under
IC 25-1-8-2 for issuing or renewing:
(1) a cosmetology instructor license;
(2) an esthetics instructor license; or
(3) an electrology instructor license.
(b) The board shall charge a fee established under IC 25-1-8-7 for
restoring reinstating an instructor license. The restoration fee shall be
assessed in addition to the fee charged for renewing the license. The
fee must be determined according to the date that the applicant applies
for the restoration of the license as follows:
Days Following
Expiration of License Fee
1- 30 $ 20
31- 180 30
More than 180 40
SOURCE: IC 25-8-13-5; (05)SB0139.1.39. -->
SECTION 39. IC 25-8-13-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) The board shall
charge a fee of forty dollars ($40) established by the board under
IC 25-1-8-2 for issuing or renewing:
(1) a cosmetology salon license;
(2) an electrology salon license;
(3) an esthetic salon license; or
(4) a manicurist salon license.
(b) The board shall charge a fee established under IC 25-1-8-7 for
restoring: reinstating:
(1) a cosmetology salon license;
(2) an electrology salon license;
(3) an esthetic salon license; or
(4) a manicurist salon license.
(c) The fee charged under subsection (b) shall be determined by the
date that the applicant applies for the restoration of the license as
follows:
Days Following
Expiration of License Fee
0 - 30 $ 10
31 - 180 50
181 - 191 100
SOURCE: IC 25-8-13-6; (05)SB0139.1.40. -->
SECTION 40. IC 25-8-13-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. (a) The board shall
charge a fee
of twenty-five dollars ($25) established by the board
under IC 25-1-8-2 for providing an examination to an applicant for a
master cosmetologist license.
(b) The board shall charge a fee of forty dollars ($40) established
by the board under IC 25-1-8-2 for issuing or renewing a master
cosmetologist license.
(c) The board shall charge a fee established under IC 25-1-8-7 for
restoring reinstating a master cosmetologist license. The restoration
fee shall be assessed in addition to the fee charged for renewing the
license. The fee must be determined according to the date that the
applicant applies for the restoration of the license as follows:
Days Following
Expiration of License Fee
1- 30 $ 20
31- 180 30
More than 180 40
SOURCE: IC 25-8-13-7; (05)SB0139.1.41. -->
SECTION 41. IC 25-8-13-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. (a) The board shall
charge a fee of twenty dollars ($20) established by the board under
IC 25-1-8-2 for providing an examination to an applicant for a
cosmetologist license.
(b) The board shall charge a fee of forty dollars ($40) established
by the board under IC 25-1-8-2 for issuing or renewing a
cosmetologist license.
(c) The board shall charge a fee established under IC 25-1-8-7 for
restoring reinstating a cosmetologist license. The restoration fee shall
be assessed in addition to the fee charged for renewing the license. The
fee must be determined according to the date that the applicant applies
for the restoration of the license as follows:
Days Following
Expiration of License Fee
1- 30 $ 20
31- 180 30
More than 180 40
(d) The board shall charge a fee of one hundred dollars ($100)
established by the board under IC 25-1-8-2 for issuing an Indiana
cosmetologist license to a person who holds a license from another
jurisdiction that meets the requirements set forth in IC 25-8-4-2.
SOURCE: IC 25-8-13-8; (05)SB0139.1.42. -->
SECTION 42. IC 25-8-13-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8. (a) The board shall
charge a fee
of twenty-five dollars ($25) established by the board
under IC 25-1-8-2 for providing an examination to an applicant for an
electrologist license.
(b) The board shall charge a fee
of forty dollars ($40) established
by the board under IC 25-1-8-2 for issuing or renewing an
electrologist license.
(c) The board shall charge a fee established under IC 25-1-8-7 for
restoring reinstating an electrologist license. The restoration fee shall
be assessed in addition to the fee charged for renewing the license. The
fee must be determined according to the date that the applicant applies
for the restoration of the license as follows:
Days Following
Expiration of License Fee
1- 30 $ 20
31- 180 30
More than 180 40
(d) The board shall charge a fee of one hundred dollars ($100)
established by the board under IC 25-1-8-2 for issuing a license to
a person who holds an electrologist license from another jurisdiction
that meets the requirements under IC 25-8-4-2.
SOURCE: IC 25-8-13-9; (05)SB0139.1.43. -->
SECTION 43. IC 25-8-13-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 9. (a) The board shall
charge a fee of ten dollars ($10) established by the board under
IC 25-1-8-2 for providing an examination to an applicant for a
manicurist license.
(b) The board shall charge a fee of forty dollars ($40) established
by the board under IC 25-1-8-2 for issuing or renewing a manicurist
license.
(c) The board shall charge a fee required under IC 25-1-8-7 for
restoring reinstating a manicurist license. The restoration fee shall be
assessed in addition to the fee charged for renewing the license. The
fee must be determined according to the date that the applicant applies
for the restoration of the license as follows:
Days Following
Expiration of License Fee
1- 30 $ 20
31- 180 30
More than 180 40
(d) The board shall charge a fee of one hundred dollars ($100)
established by the board under IC 25-1-8-2 for issuing a license to
a person who holds a manicurist license from another jurisdiction that
meets the requirements under IC 25-8-4-2.
SOURCE: IC 25-8-13-10; (05)SB0139.1.44. -->
SECTION 44. IC 25-8-13-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 10. (a) The board shall
charge a fee
of twenty dollars ($20) established by the board under
IC 25-1-8-2 for providing an examination to an applicant for a
shampoo operator license.
(b) The board shall charge a fee of forty dollars ($40) established
by the board under IC 25-1-8-2 for issuing or renewing a shampoo
operator license.
(c) The board shall charge a fee established under IC 25-1-8-7 for
restoring reinstating a shampoo operator license. The restoration fee
shall be assessed in addition to the fee charged for renewing the
license. The fee must be determined according to the date that the
applicant applies for the restoration of the license as follows:
Days Following
Expiration of License Fee
1- 30 $ 20
31- 180 30
More than 180 40
SOURCE: IC 25-8-13-11; (05)SB0139.1.45. -->
SECTION 45. IC 25-8-13-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 11. (a) The board shall
charge a fee of twenty-five dollars ($25) established by the board
under IC 25-1-8-2 for providing an examination to an applicant for an
esthetician license.
(b) The board shall charge a fee of forty dollars ($40) established
by the board under IC 25-1-8-2 for issuing or renewing an esthetician
license.
(c) The board shall charge a fee established under IC 25-1-8-7 for
restoring reinstating an esthetician license. The restoration fee shall be
assessed in addition to the fee charged for renewing the license. The
fee must be determined according to the date that the applicant applies
for the restoration of the license as follows:
Days Following
Expiration of License Fee
1- 30 $ 20
31- 180 30
More than 180 40
(d) The board shall charge a fee of one hundred dollars ($100)
established by the board under IC 25-1-8-2 for issuing a license to
a person who holds an esthetician license from another jurisdiction that
meets the requirements under IC 25-8-4-2.
SOURCE: IC 25-8-14-1; (05)SB0139.1.46. -->
SECTION 46. IC 25-8-14-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. The board may under
IC 4-21.5 refuse to issue, renew, or restore reinstate a license issued
under this article if it determines that the applicant or license holder
has not complied with IC 25-1-11.
SOURCE: IC 25-8-15.4-6; (05)SB0139.1.47. -->
SECTION 47. IC 25-8-15.4-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. To obtain a license
to operate a tanning facility, a person must do the following:
(1) Submit an application to the board on a form prescribed by the
board.
(2) Pay a fee of two hundred dollars ($200). established by the
board under IC 25-1-8-2.
SOURCE: IC 25-8-16-3; (05)SB0139.1.48. -->
SECTION 48. IC 25-8-16-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. If an inactive
cosmetology professional intends to apply for restoration
reinstatement of the professional's license, the cosmetology
professional shall notify the board of that intent. The board may restore
reinstate the cosmetology professional's license upon notification and
receipt of:
(1) an application; and
(2) evidence of completion during the preceding four (4) years of
at least sixteen (16) hours of continuing education in a continuing
education course approved by the board under IC 25-8-15.
SOURCE: IC 25-9-1-20; (05)SB0139.1.49. -->
SECTION 49. IC 25-9-1-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 20. (a) The commission
shall, upon application to the Indiana professional licensing agency,
grant licenses to competent referees and judges whose qualifications
may be tested by the commission, and the commission may revoke any
such license granted to any referee or judge upon such cause as the
commission may deem sufficient. Such license must be renewed
biennially. No person shall be permitted to act as referee or judge in
Indiana unless holding such license.
(b) The application for license as referee, or renewal thereof, shall
be accompanied by a fee which shall not be less than twenty-five
dollars ($25). established by the commission under IC 25-1-8-2.
(c) The commission shall appoint from among such licensed
officials, all officials for all contests held under this chapter.
SOURCE: IC 25-15-6-4; (05)SB0139.1.50. -->
SECTION 50. IC 25-15-6-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. The board shall
restore reinstate the expired license of an individual who:
(1) was licensed as a funeral director or embalmer;
(2) applies for
restoration reinstatement of the funeral director
license or embalmer license within two (2) years or four (4) years
of the date that the license expired as set by the board;
(3) pays a fee
that is equal to:
(A) the fee set by the board for renewal of a funeral director
license or embalmer license; or
(B) the fee set by the board for renewal of a funeral director
license or embalmer license multiplied by the product of two
(2) times the number of six (6) month periods that have
elapsed from the date that the license expired;
whichever is greater; established under IC 25-1-8-7; and
(4) meets the continuing education requirements set by the board.
SOURCE: IC 25-15-6-5; (05)SB0139.1.51. -->
SECTION 51. IC 25-15-6-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) The board shall
require a funeral director to obtain ten (10) hours of continuing
education credit in any two (2) year period in order to renew or restore
reinstate a license under this chapter. The board shall require that
continuing education credit be earned in board approved courses or
programs on one (1) or more of the following subjects:
(1) Embalming and restorative arts.
(2) Prevention of the spread of infectious disease and compliance
with mandatory public health requirements.
(3) Federal and state laws and rules regulating the embalming and
funeral professions.
(4) Funeral home management.
(5) Religion.
(6) Natural science.
(7) Grief counseling and the psychological effect of death on
survivors.
(b) Continuing education hours earned as a prerequisite to the
issuance or maintenance of a professional license other than a funeral
director license may not be counted in determining compliance with
this section.
SOURCE: IC 25-15-6-6; (05)SB0139.1.52. -->
SECTION 52. IC 25-15-6-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. The board may
restore reinstate the license of:
(1) a person that has allowed a funeral home license to expire
only if the person reapplies for a funeral home license, pays
an
additional a fee
set by the board, established under IC 25-1-8-7,
and otherwise meets the requirements in IC 25-15-4-1;
(2) an individual whose funeral director intern license has expired
only if the individual reapplies for a funeral director intern
license, takes another examination, if required by the board, pays
an additional a fee
set by the board, established under
IC 25-1-8-7, and otherwise meets the requirements in
IC 25-15-4-2; or
(3) an individual whose funeral director license has expired after
the time set in section 4 of this chapter has run only if the
individual reapplies for a funeral director license, takes another
examination, pays an additional a fee set by the board,
established under IC 25-1-8-7, and otherwise meets the
requirements in IC 25-15-4-3(b).
The board may not restore reinstate an embalmer license or a funeral
director license for a person qualified only under IC 25-15-4-3(d) after
the time set under section 4 of this chapter has expired.
SOURCE: IC 25-15-6-7; (05)SB0139.1.53. -->
SECTION 53. IC 25-15-6-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. (a) A funeral director
who holds an inactive funeral director license under IC 25-15-4-6 is
exempt from continuing education requirements of section 5 of this
chapter.
(b) An individual may reactivate an inactive funeral director's
license by completing all hours of continuing education required of
licensed funeral directors for each year that the license has been
classified as inactive. If an individual's license has been inactive for
four (4) or more years, the board shall require the individual to pass an
examination under IC 25-15-4 before restoring reinstating the
individual's license to active status.
(c) An individual who resumes the practice of funeral service or the
provision of funeral services to the public under an inactive funeral
director license (as described in IC 25-15-4-6) violates this article and
the board shall revoke the individual's inactive license.
SOURCE: IC 25-15-9-7; (05)SB0139.1.54. -->
SECTION 54. IC 25-15-9-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. The board's
appointed members may serve only two (2) terms on the board,
including prior service either as a member of the state board of funeral
service or the state board of embalmers and funeral directors. A
member of the board may serve until the member's successor is
appointed and qualified under this chapter.
SOURCE: IC 25-20.2-6-1; (05)SB0139.1.55. -->
SECTION 55. IC 25-20.2-6-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. A license for a home
inspector issued under this article expires two (2) years after the date
of issuance. on a date established by the licensing agency under
IC 25-1-6-4 and shall be renewed biennially upon payment of the
required renewal fees.
SOURCE: IC 25-20.2-6-5; (05)SB0139.1.56. -->
SECTION 56. IC 25-20.2-6-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) The board shall
adopt rules concerning the continuing education required for the
renewal of a license under this chapter.
(b) The rules must do the following:
(1) Establish procedures for approving organizations that provide
continuing education.
(2) Establish a fee for each hour of continuing education that is
required after a license is issued or renewed.
(3) (2) Prescribe the content, duration, and organization of
continuing education courses that contribute to the general
competence of home inspectors.
SOURCE: IC 25-21.5-7-5; (05)SB0139.1.57. -->
SECTION 57. IC 25-21.5-7-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. The board shall
determine the amount of registration fees for a land surveyor and
certification fees for a land-surveyor-in-training. Except as provided
under IC 25-21.5-8-7, the registration and renewal fee for a land
surveyor may be not more than fifty dollars ($50) per year.
SOURCE: IC 25-21.5-8-6; (05)SB0139.1.58. -->
SECTION 58. IC 25-21.5-8-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. The board shall
determine the renewal fee and delinquent fee establish fees under
IC 25-1-8.
SOURCE: IC 25-21.5-8-7; (05)SB0139.1.59. -->
SECTION 59. IC 25-21.5-8-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. (a) The board may
adopt rules requiring a land surveyor to obtain continuing education for
renewal of a certificate under this chapter.
(b) If the board adopts rules under this section, the rules must do the
following:
(1) Establish a fee of two dollars ($2) for each hour of continuing
education required after the certificate of registration was issued
or renewed.
(2) Require that continuing education fees be paid when the land
surveyor's certificate of registration is renewed.
(3) (1) Establish procedures for approving an organization that
provides continuing education.
(4) (2) Require an organization that provides an approved
continuing education program to supply the following information
to the board not more than thirty (30) days after the course is
presented:
(A) An alphabetical list of all land surveyors who attended the
course.
(B) A certified statement of the hours to be credited to each
land surveyor.
(c) If the board adopts rules under this section, the board may adopt
rules to do the following:
(1) Allow private organizations to implement the continuing
education requirement.
(2) Establish an inactive certificate of registration. If the board
adopts rules establishing an inactive certificate, the board must
adopt rules that:
(A) do not require the holder of an inactive certificate to obtain
continuing education;
(B) prohibit the holder of an inactive certificate from
practicing land surveying;
(C) establish requirements for reactivation of an inactive
certificate; and
(D) do not require the holder of an inactive certificate to pay
the registration and renewal fees required under
IC 25-21.5-7-5.
SOURCE: IC 25-23.7-6-5; (05)SB0139.1.60. -->
SECTION 60. IC 25-23.7-6-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) The board shall
adopt rules concerning the continuing education required for the
renewal of a license under this chapter.
(b) The rules must do the following:
(1) Establish procedures for approving organizations that provide
continuing education.
(2) Establish a fee for each hour of continuing education required
after a license is issued or renewed.
(3) (2) Prescribe the content, duration, and organization of
continuing education courses that contribute to the general
competence of installers.
SOURCE: IC 25-28.5-1-22; (05)SB0139.1.61. -->
SECTION 61. IC 25-28.5-1-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 22. (a) Every license or
certificate of registration issued under the provisions of this chapter
shall expire two (2) years subsequent to the date of its issuance expires
on a date established by the licensing agency under IC 25-1-6-4 and
shall be renewed biennially thereafter upon payment of the required
renewal fees.
(b) Applications for renewal shall be filed with the commission on
a in the form and manner provided therefore, no later than thirty (30)
days prior to the expiration date of the licensee's or registrant's current
license or certificate of registration by the commission. The
application shall be accompanied by the required renewal fee. The
commission, upon the receipt of the application for renewal and the
required renewal fee, shall issue to the renewal applicant a license or
certificate of registration in the category said applicant has previously
held. Unless a license is renewed, a license issued by the commission
expires on the date specified by the licensing agency under
IC 25-1-6-4.
SOURCE: IC 25-28.5-1-23; (05)SB0139.1.62. -->
SECTION 62. IC 25-28.5-1-23 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 23. The fees to be
charged by and paid to the commission by licensees for all licenses and
license renewals thereof shall be established by the commission under
IC 25-1-8-2. IC 25-1-8.
SOURCE: IC 25-28.5-1-24; (05)SB0139.1.63. -->
SECTION 63. IC 25-28.5-1-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 24. (a) All fees
collected by the commission shall be deposited with the treasurer of
state to be deposited by him the treasurer in the state general fund. of
the state.
(b) All expenses of the commission shall be paid from the general
fund upon appropriation being made therefor in the manner provided
by law for the making of such appropriations.
SOURCE: IC 25-28.5-2-2.1; (05)SB0139.1.64. -->
SECTION 64. IC 25-28.5-2-2.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2.1. (a) At the time of
initial licensure under this article, each licensee shall pay the following
fee fees established by the commission under IC 25-1-8-2 for the
following:
(1) Seventy-five dollars ($75) for A plumbing contractor.
(2) Thirty dollars ($30) for A journeyman plumber.
(b) Fees collected under subsection (a) shall be placed in the
plumbers recovery fund.
(c) The fee assessed under this section is in addition to any other fee
under this article.
SOURCE: IC 25-30-1-7; (05)SB0139.1.65. -->
SECTION 65. IC 25-30-1-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. (a) An application
for license as a private detective must be on a form prescribed by the
board accompanied by the license fee as provided by this chapter:
established by the board under IC 25-1-8.
(b) The application shall be verified and shall include the following:
(1) The full name and business address of the applicant.
(2) The name under which the applicant intends to do business as
a private detective.
(3) If the applicant is a person other than an individual, the full
name and residence address of each of its members, partners,
officers, and directors, and its managers.
(4) Other information, evidence, statements, or documents
required by the board.
SOURCE: IC 25-30-1-16; (05)SB0139.1.66. -->
SECTION 66. IC 25-30-1-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 16. (a)
Unless a license
is renewed, a license and the identification cards of the licensee's
employees issued under this chapter expire
two (2) years from the date
of issuance of the license. on a date specified by the licensing agency
under IC 25-1-6-4 and expire biennially after the initial expiration
date. An applicant for renewal shall pay the renewal fee established
by the board under IC 25-1-8-2 on or before the renewal date
specified by the licensing agency.
(b) If the holder of a license does not renew the license by the
date specified by the licensing agency, the license expires and
becomes invalid without any action taken by the board.
(b) (c) A licensee desiring a renewal license must:
(1) file an application for renewal at least thirty (30) days before
the expiration of the licensee's license on a form as prescribed by
the board; and
(2) meet the license renewal requirements determined by the
board.
(c) (d) A license may be reinstated within thirty (30) days after the
expiration of the license if the applicant does the following:
(1) Files an application for renewal with the board.
(2) Meets the license requirements determined by the board.
(3) Pays the license and delinquent fees. a fee established under
IC 25-1-8-7.
(d) (e) Employee identification cards issued under this chapter
expire at the same time as the license referred to in subsection (a).
SOURCE: IC 25-30-1-17; (05)SB0139.1.67. -->
SECTION 67. IC 25-30-1-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 17. (a) The board shall
charge and the licensing agency shall collect the following private
detective license fees established by the board under IC 25-1-8.
(1) For issuance or renewal of a private detective license, a fee of
one hundred fifty dollars ($150).
(2) For identification cards for unlicensed employees issued under
section 10(d) of this chapter, a fee of:
(A) ten dollars ($10); or
(B) five dollars ($5) if application for the identification card is
made in the second year of the licensee's license.
(3) For reinstatement of a license referred to in section 16(c) of
this chapter, a delinquent fee of seventy-five dollars ($75).
(b) All fees collected under this chapter shall go into the general
fund and shall be accounted for by the licensing agency.
(c) A license fee shall not be refunded unless a showing is made of
ineligibility to receive the license by failure to meet the requirements
of this chapter, or by a showing of mistake, inadvertence, or error in the
collection of the fee.
SOURCE: IC 25-31-1-14; (05)SB0139.1.68. -->
SECTION 68. IC 25-31-1-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 14. (a) The
examination required of all applicants for registration as a professional
engineer shall be a written examination which shall be divided into the
following two (2) parts, each of eight (8) hours duration:
(1) Engineering fundamentals.
(2) Principles and practice of engineering.
The board may adopt rules under IC 4-22-2 establishing additional
examination requirements.
(b) The engineering fundamentals portion of the examination shall
be designed to test the applicant's knowledge of mathematics and the
physical and engineering sciences. The standards of proficiency
required shall approximate that attained by graduation in an approved
four (4) year engineering curriculum.
(c) The principles and practice of the engineering portion of the
examination shall be designed primarily to test the applicant's
understanding of, and judgment and ability to apply correctly, the
principles of:
(1) mathematics;
(2) the physical sciences;
(3) the engineering sciences; and
(4) engineering design analysis and synthesis;
to the practice of professional engineering. A part of the examination
may be designed to test the applicant's knowledge and understanding
of the ethical, economic, and legal principles relating to the practices
of professional engineering.
(d) An applicant for registration as a professional engineer who
holds an engineering intern certificate issued in Indiana or in any other
state or territory having equivalent standards may be exempted from
the engineering fundamentals portion of the examination.
(e) An applicant must successfully pass the engineering
fundamentals portion of the examination before taking the principles
and practice portion of the examination.
(f) Examinations shall be held at times and places as determined by
the board at least two (2) times each year. Examinations for
certification as an engineering intern may be held separately from the
examinations for registration as a professional engineer.
(g) An applicant for registration as a professional engineer who is
presently registered in another state or territory may be assigned a
written examination as the board deems necessary to meet the
requirements of this chapter.
(h) An applicant for registration as a professional engineer who fails
in the first examination may request to be readmitted for a second
examination at either of the next two (2) regularly scheduled
examinations. Upon application and at the discretion of the board, an
applicant who misses:
(1) the originally scheduled examination; or
(2) the next two (2) regularly scheduled examinations;
may be given permission to appear for another regularly scheduled
examination. The amount of fee to be paid for each examination shall
be determined by the board under IC 25-1-8-2.
(i) If an applicant who has failed two (2) three (3) or more
examinations reapplies and submits evidence of acquiring additional
knowledge for the examination, the board may give the applicant
approval to take subsequent examinations.
SOURCE: IC 25-31-1-15; (05)SB0139.1.69. -->
SECTION 69. IC 25-31-1-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 15. (a) The board shall
issue a certificate of registration, upon the payment of the fee
prescribed in this chapter, by the board under IC 25-1-8-2, to any
applicant who, in the opinion of the board, has satisfactorily met all
requirements of this chapter. In the case of a professional engineer, the
certificate shall authorize the practice of "professional engineering".
The certificate of registration shall:
(1) show the full name of the registrant;
(2) bear a serial number and date; and
(3) be signed by each member under the seal a designee of the
board.
The issuance of any certificate of registration by the board under this
chapter is evidence that the individual named on the certificate is
entitled to all the rights and privileges of a registered professional
engineer from the date on the certificate until it expires or is revoked.
(b) The board shall issue a certificate of enrollment upon the
payment of the certificate fee prescribed in this chapter by the board
under IC 25-1-8-2 to any applicant who, in the opinion of the board,
has satisfactorily met all of the requirements of this chapter. In the case
of an engineering intern, the certificate shall state that the applicant has
successfully passed the examination in engineering fundamentals and
has been enrolled as an engineering intern. The certificate of
enrollment shall:
(1) show the full name of the enrollee;
(2) bear a serial number and date; and
(3) be signed by the director of the licensing agency.
The issuance of a certificate of enrollment by the board is evidence that
the individual named on the certificate is entitled to all the rights and
privileges of an engineering intern while the certificate remains
unrevoked or until it expires.
SOURCE: IC 25-31-1-17; (05)SB0139.1.70. -->
SECTION 70. IC 25-31-1-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 17. (a) The biennial
period for which renewals are to be made shall extend from the first
day of August of an even-numbered year to the last day of July of the
next even-numbered year.
(b) A new registrant whose certificate bears a date during the first
twelve (12) months of a biennial renewal period is required to pay
one-half (1/2) of the biennial renewal fee in addition to and at the time
of the payment of the certificate fee to validate the certificate for the
last twelve (12) months of the biennial renewal period.
(c) All certificates of registration expire on the last day of July in
each even-numbered year and are invalid from that date, unless
renewed. The secretary of the board shall send a renewal bill notice by
mail to every person registered and in good standing and to those
holding invalid certificates who are delinquent not more than two (2)
years. The notice must comply with the provisions of IC 25-1-2-6(c)
and include the amount of the renewal fee and delinquent fee, if any,
to validate the certificate for the succeeding biennial period. The
renewal fee and delinquent fee shall be determined by the board under
IC 25-1-8-2.
(a) Unless a certificate is renewed, a certificate issued under this
chapter expires on a date specified by the licensing agency under
IC 25-1-6-4 and expires biennially after the initial expiration date.
An applicant for renewal shall submit an application in the manner
prescribed by the board and pay the renewal fee established by the
board under IC 25-1-8-2 on or before the renewal date specified by
the licensing agency.
(b) If the holder of a certificate does not renew the license by the
date specified by the licensing agency, the certificate expires and
becomes invalid without the board taking any action.
(d) (c) The failure on the part of a registrant to renew a certificate
does not deprive the registrant of the right of renewal until the
registrant's certificate has remained invalid during two (2) biennial
renewal periods if the registrant pays the appropriate delinquent and
renewal fees. After two (2) successive biennial renewal periods have
elapsed renewal shall be denied.
SOURCE: IC 25-31-1-21; (05)SB0139.1.71. -->
SECTION 71. IC 25-31-1-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 21. The board may,
upon application and payment of a fee established by the board in the
board's rules, issue a certificate of registration as a professional
engineer to an individual who holds a valid certificate of registration
as a professional engineer, issued to the applicant by the proper
authority of any state or territory or possession of the United States if
the requirements for registration of professional engineers that the
certificate of registration was issued under do not conflict with the
provisions of this chapter. In determining the qualifications of an
applicant, the board may accept the verified professional record of the
applicant that is certified by the National Council of Examiners for
Engineers and Surveyors. However, an applicant meets the
experience requirement under section 12 of this chapter if the
applicant:
(1) has at least three (3) years of engineering work experience
after the applicant graduates from an approved engineering
curriculum but before the applicant successfully passes an
examination required under section 14 of this chapter; and
(2) has been registered or licensed as a professional engineer
in another state for at least ten (10) years.
SOURCE: IC 25-34.1-3-3.1; (05)SB0139.1.72. -->
SECTION 72. IC 25-34.1-3-3.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3.1. (a) To obtain a
salesperson license, an individual must:
(1) be at least eighteen (18) years of age before applying for a
license and must not have a conviction for:
(A) an act that would constitute a ground for disciplinary
sanction under IC 25-1-11;
(B) a crime that has a direct bearing on the individual's ability
to practice competently; or
(C) a crime that indicates the individual has the propensity to
endanger the public.
(2) have successfully completed courses in the principles,
practices, and law of real estate, totaling eight (8) semester credit
hours, or their equivalent, as a student at an accredited college or
university or have successfully completed an approved
salesperson course as provided in IC 25-34.1-5-5(a);
(3) apply for a license by submitting the application fee
prescribed by the commission and an application containing the
name, address, and age of the applicant, the name under which
the applicant intends to conduct business, the principal broker's
address where the business is to be conducted, proof of
compliance with subdivision (2), and any other information the
commission requires;
(4) pass a written examination prepared and administered by the
commission or its duly appointed agent; and
(5) submit not more than one hundred twenty (120) days after
passing the written examination under subdivision (4):
(A) the license fee
of twenty-five dollars ($25); established by
the commission under IC 25-1-8-2; and
(B) a sworn certification of a principal broker that the
principal broker intends to associate with the applicant and
maintain that association until notice of termination of the
association is given to the commission.
(b) Upon the applicant's compliance with the requirements of
subsection (a), the commission shall:
(1) issue a wall certificate in the name of the salesperson to the
principal broker who certified the applicant's association with the
principal broker; and
(2) issue to the salesperson a pocket identification card which
certifies that the salesperson is licensed and indicates the
expiration date of the license and the name of the principal
broker.
(c) Notice of passing the commission examination serves as a
temporary permit to act as a salesperson as soon as the applicant sends,
by registered or certified mail with return receipt requested, the license
fee and certification as prescribed in subsection (a)(5)(A) and
(a)(5)(B). The temporary permit expires the earliest of the following:
(1) The date the license is issued.
(2) The date the applicant's association with the certifying
principal broker is terminated.
The temporary permit may not be renewed, extended, reissued, or
otherwise effective for any association other than with the initial
certifying principal broker.
(d) A salesperson shall:
(1) act under the auspices of the principal broker responsible for
that salesperson's conduct under this article;
(2) be associated with only one (1) principal broker;
(3) maintain evidence of licensure in the office, branch office, or
sales outlet of the principal broker;
(4) advertise only in the name of the principal broker, with the
principal broker's name in letters of advertising larger than that of
the salesperson's name; and
(5) not maintain any real estate office apart from that office
provided by the principal broker.
(e) Upon termination of a salesperson's association with a principal
broker, the salesperson's license shall be returned to the commission
within five (5) business days. The commission shall reissue the license
to any principal broker whose certification, as prescribed in subsection
(a)(5)(B), is filed with the commission, and the commission shall issue
a new identification card to the salesperson reflecting that change.
(f)
Unless a license is renewed, a salesperson license expires
at
midnight, December 31, of the next odd-numbered year following the
year in which the license is issued or last renewed, unless the licensee
renews the license prior to expiration by payment of a biennial license
fee of twenty-five dollars ($25). An expired license may be reinstated
within one hundred twenty (120) days after expiration, by payment of
all unpaid license fees together with twenty dollars ($20). If the license
is renewed within eighteen (18) months, but more than one hundred
twenty (120) days, after expiration, the licensee must pay a late fee of
one hundred dollars ($100) plus any unpaid license fees. on a date
specified by the licensing agency under IC 25-1-6-4 and expires
biennially after the initial expiration date. An applicant for
renewal shall submit an application in the manner prescribed by
the board and pay the renewal fee established by the board under
IC 25-1-8-2 on or before the renewal date specified by the licensing
agency. If the holder of a license does not renew the license by the
date specified by the licensing agency, the license expires and
becomes invalid without the board taking any action. If a
salesperson fails to reinstate a license within eighteen (18) months after
expiration, a license may not be issued unless that salesperson again
complies with the requirements of subsection (a)(3), (a)(4), and (a)(5).
(g) A salesperson license may be issued to an individual who is not
yet associated with a principal broker but who otherwise meets the
requirements of subsection (a). A license issued under this subsection
shall be held by the commission in an unassigned status until the date
the individual submits the certification of a principal broker required
by subsection (a)(5). If the individual does not submit the application
for licensure within one hundred twenty (120) days after passing the
commission examination, the commission shall void the application
and may not issue a license to that applicant unless the applicant again
complies with the requirements of subsection (a)(4) through (a)(5).
(h) If an individual holding a salesperson license is not associated
with a principal broker for two (2) successive renewal periods, the
commission shall notify the individual in writing that the individual's
license will become void if the individual does not associate with a
principal broker within thirty (30) days from the date the notification
is mailed. A void license may not be renewed.
SOURCE: IC 25-34.1-3-4.1; (05)SB0139.1.73. -->
SECTION 73. IC 25-34.1-3-4.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4.1. (a) To obtain a
broker license, an individual must:
(1) be at least eighteen (18) years of age before applying for a
license and must not have a conviction for:
(A) an act that would constitute a ground for disciplinary
sanction under IC 25-1-11;
(B) a crime that has a direct bearing on the individual's ability
to practice competently; or
(C) a crime that indicates the individual has the propensity to
endanger the public.
(2) have satisfied section 3.1(a)(2) of this chapter and have had
continuous active experience for one (1) year immediately
preceding the application as a licensed salesperson in Indiana.
However, this one (1) year experience requirement may be
waived by the commission upon a finding of equivalent
experience;
(3) have successfully completed an approved broker course of
study as prescribed in IC 25-34.1-5-5(b);
(4) apply for a license by submitting the application fee
prescribed by the commission and an application specifying the
name, address, and age of the applicant, the name under which
the applicant intends to conduct business, the address where the
business is to be conducted, proof of compliance with
subdivisions (2) and (3), and any other information the
commission requires;
(5) pass a written examination prepared and administered by the
commission or its duly appointed agent; and
(6) within one hundred twenty (120) days after passing the
commission examination, submit the license fee
of fifty dollars
($50). established by the commission under IC 25-1-8-2. If an
individual applicant fails to file a timely license fee, the
commission shall void the application and may not issue a license
to that applicant unless that applicant again complies with the
requirements of subdivisions (4) and (5) and this subdivision.
(b) To obtain a broker license, a partnership must:
(1) have as partners only individuals who are licensed brokers;
(2) have at least one (1) partner who:
(A) is a resident of Indiana; or
(B) is a principal broker under IC 25-34.1-4-3(b);
(3) cause each employee of the partnership who acts as a broker
or salesperson to be licensed; and
(4) submit the license fee
of fifty dollars ($50) established by the
commission under IC 25-1-8-2 and an application setting forth
the name and residence address of each partner and the
information prescribed in subsection (a)(4).
(c) To obtain a broker license, a corporation must:
(1) have a licensed broker:
(A) residing in Indiana who is either an officer of the
corporation or, if no officer resides in Indiana, the highest
ranking corporate employee in Indiana with authority to bind
the corporation in real estate transactions; or
(B) who is a principal broker under IC 25-34.1-4-3(b);
(2) cause each employee of the corporation who acts as a broker
or salesperson to be licensed; and
(3) submit the license fee
of fifty dollars ($50), established by
the commission under IC 25-1-8-2, an application setting forth
the name and residence address of each officer and the
information prescribed in subsection (a)(4), a copy of the
certificate of incorporation, and a certificate of good standing of
the corporation issued by the secretary of state.
of Indiana.
(d) To obtain a broker license, a limited liability company must:
(1) if a member-managed limited liability company:
(A) have as members only individuals who are licensed
brokers; and
(B) have at least one (1) member who is:
(i) a resident of Indiana; or
(ii) a principal broker under IC 25-34.1-4-3(b);
(2) if a manager-managed limited liability company, have a
licensed broker:
(A) residing in Indiana who is either a manager of the
company or, if no manager resides in Indiana, the highest
ranking company officer or employee in Indiana with authority
to bind the company in real estate transactions; or
(B) who is a principal broker under IC 25-34.1-4-3(b);
(3) cause each employee of the limited liability company who acts
as a broker or salesperson to be licensed; and
(4) submit the license fee
of fifty dollars ($50) established by the
commission under IC 25-1-8-2 and an application setting forth
the information prescribed in subsection (a)(4), together with:
(A) if a member-managed company, the name and residence
address of each member; or
(B) if a manager-managed company, the name and residence
address of each manager, or of each officer if the company has
officers.
(e) Licenses granted to partnerships, corporations, and limited
liability companies are issued, expire, are renewed, and are effective on
the same terms as licenses granted to individual brokers, except as
provided in subsection (h), and except that expiration or revocation of
the license of:
(1) any partner in a partnership or all individuals in a corporation
satisfying subsection (c)(1); or
(2) a member in a member-managed limited liability company or
all individuals in a manager-managed limited liability company
satisfying subsection (d)(2);
terminates the license of that partnership, corporation, or limited
liability company.
(f) Upon the applicant's compliance with the requirements of
subsection (a), (b), or (c), the commission shall issue the applicant a
broker license and an identification card which certifies the issuance
of the license and indicates the expiration date of the license. The
license shall be displayed at the broker's place of business.
(g) Notice of passing the commission examination serves as a
temporary permit for an individual applicant to act as a broker as soon
as the applicant sends, by registered or certified mail with return
receipt requested, a timely license fee as prescribed in subsection
(a)(6). The temporary permit expires the earlier of one hundred twenty
(120) days after the date of the notice of passing the examination or the
date a license is issued.
(h) Unless the license is renewed, a broker license expires, for
individuals, at midnight, December 31 and, for corporations,
partnerships, and limited liability companies at midnight, June 30 of
the next even-numbered year following the year in which the license is
issued or last renewed, unless the licensee renews the license prior to
expiration by payment of a biennial license fee of fifty dollars ($50).
An expired license may be reinstated within one hundred twenty (120)
days after expiration by payment of all unpaid license fees together
with twenty dollars ($20). If the license is renewed within eighteen (18)
months, but more than one hundred twenty (120) days, after expiration,
the licensee must pay a late fee of one hundred dollars ($100) plus any
unpaid license fees. on a date specified by the licensing agency
under IC 25-1-6-4 and expires biennially after the initial expiration
date. An applicant for renewal shall submit an application in the
manner prescribed by the board and pay the renewal fee
established by the commission under IC 25-1-8-2 on or before the
renewal date specified by the licensing agency. If the holder of a
license does not renew the license by the date specified by the
licensing agency, the license expires and becomes invalid without
the board taking any action. If a broker fails to reinstate a license
within eighteen (18) months after expiration, a license may not be
issued unless the broker again complies with the requirements of
subsection (a)(4), (a)(5), and (a)(6).
(i) A partnership, corporation, or limited liability company may not
be a broker-salesperson except as authorized in IC 23-1.5. An
individual broker who associates as a broker-salesperson with a
principal broker shall immediately notify the commission of the name
and business address of the principal broker and of any changes of
principal broker that may occur. The commission shall then change the
address of the broker-salesperson on its records to that of the principal
broker.
SOURCE: IC 25-1-2-9; IC 25-1-11-9.5; IC 25-21.5-8-3.
; (05)SB0139.1.74. -->
SECTION 74. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2005]: IC 25-1-2-9; IC 25-1-11-9.5; IC 25-21.5-8-3.
SOURCE: ; (05)SB0139.1.75. -->
SECTION 75. [EFFECTIVE JULY 1, 2005]
(a) This SECTION
applies to the entities listed in IC 25-1-6-3, as amended by this act.
(b) Notwithstanding the requirement under this act that an
entity described in subsection (a) must adopt fees, a fee charged by
an entity on June 30, 2005, continues in effect until the fee is
changed by a rule adopted by the entity. An entity described in
subsection (a) must adopt a rule described in this SECTION before
January 1, 2006.
(c) This SECTION expires July 1, 2006.