CHAPTER 5. REGULATED LIFTING DEVICES
IC 22-15-5
Chapter 5. Regulated Lifting Devices
IC 22-15-5-1
Installation or alteration permit; issuance; qualification ofapplicants
Sec. 1. (a) The division shall issue a regulated lifting deviceinstallation or alteration permit to an applicant who qualifies underthis section.
(b) To qualify for a permit under this section, an applicant mustmeet the following requirements:
(1) Demonstrate through the submission of complete plans,including:
(A) copies of specifications and accurately scaled and fullydimensioned plans showing the location of the installation inrelation to the plans and elevation of the building;
(B) plans showing the location of the machine room and theequipment to be installed, relocated, or altered;
(C) plans showing the structural supporting members,including foundations; and
(D) a specification of all materials employed and loads to besupported or conveyed;
that the installation or alteration covered by the application willcomply with all applicable equipment laws. All plans andspecifications must be sufficiently complete to illustrate alldetails of construction and design.
(2) Pay the fee set under IC 22-12-6-6(a)(7).
(3) Be the holder of a current elevator contractor license, ifapplicable, as set forth under IC 22-15-5-7.
(c) A copy of the permit shall be kept at the construction site at alltimes while the work is in progress.
(d) The regulated lifting device must be installed or altered incompliance with:
(1) applicable codes; and
(2) the details of the application, plans, specifications, andconditions of the permit.
(e) The regulated lifting device must be installed or altered underthe direction and control of a licensed contractor. The elevatorcontractor does not have to be present at the site.
(f) The responsibilities of the division under this section may becarried out by a political subdivision that is approved by thecommission under IC 22-13-2-10.
As added by P.L.245-1987, SEC.4. Amended by P.L.119-2002,SEC.12; P.L.1-2006, SEC.392.
IC 22-15-5-1.3
Sanctions
Sec. 1.3. A permit issued under section 1 of this chapter is subjectto sanctions as provided in IC 22-12-7-7 for any of the followingreasons: (1) A false statement or misrepresentation of the material factin the application, plan, or specification on which the permitwas based.
(2) The work being performed is not in compliance with theapplicable code.
(3) The work is not being performed in accordance with thedetails of the application, plans, specifications, or conditions ofthe permit.
(4) The elevator contractor to whom the permit was issued isthe subject of an order issued under IC 22-12-7-4 andIC 22-12-7-6.
As added by P.L.119-2002, SEC.13.
IC 22-15-5-1.5
Permit expiration
Sec. 1.5. A permit granted under section 1 of this chapter expiresfor the following reasons:
(1) The work authorized by the permit has not begun within one(1) year after the date of issuance or within a shorter period ifspecified at the time of issuance of the permit.
(2) The work authorized by the permit has been suspended orabandoned for at least one hundred eighty (180) days or ashorter period if specified at the time of the issuance of thepermit.
As added by P.L.119-2002, SEC.14.
IC 22-15-5-2
Installation or alteration without a permit; offense; application ofsection
Sec. 2. (a) This section does not apply to minor construction thatis exempted from this section under IC 22-13-4.
(b) This section applies to the following:
(1) Each person who installs or alters a regulated lifting device,whether or not required to be licensed under IC 22-15-5-7,IC 22-15-5-8, IC 22-15-5-9, IC 22-15-5-10, IC 22-15-5-11, orIC 22-15-5-12. However, the installation, alteration, ormaintenance of a regulated lifting device to which ASMEA18.1 applies is not required to be performed by a mechaniclicensed under IC 22-15-5-12 or by a contractor licensed underIC 22-15-5-7.
(2) Each person who has control over the installation oralteration of a regulated lifting device.
(3) Each person who has control over the place where theregulated lifting device is installed or altered.
(c) A person described in subsection (b) commits a Class Cinfraction if:
(1) a regulated lifting device is installed or altered; and
(2) no regulated lifting device installation or alteration permitissued under section 1 of this chapter covers the installation oralteration.As added by P.L.245-1987, SEC.4. Amended by P.L.119-2002,SEC.15.
IC 22-15-5-3
Registration; qualification; required information
Sec. 3. (a) All regulated lifting devices shall be registered underthis section.
(b) The division shall issue a registration for a regulated liftingdevice to an applicant who qualifies under this section.
(c) To register a regulated lifting device under this section, anapplicant must submit, on a form approved by the division, thefollowing information:
(1) Type, rated load and speed, name of manufacturer, location,and the nature of the use of the regulated lifting device.
(2) Any information required under the rules adopted by thecommission.
As added by P.L.245-1987, SEC.4. Amended by P.L.119-2002,SEC.16; P.L.1-2006, SEC.393.
IC 22-15-5-4
Inspection program; initial operating certificate; renewalcertificate; temporary permit
Sec. 4. (a) The division shall carry out a program for the periodicinspection of regulated lifting devices being operated in Indiana. Aregulated lifting device may not be operated without an operatingcertificate that covers the operation of the regulated lifting device.
(b) A permit issued under this section expires on the earlier of:
(1) one (1) year after issuance; or
(2) when the regulated lifting device is altered.
(c) After a regulated lifting device has been installed or altered,an applicant shall apply for an initial operating certificate. Thedivision shall issue an initial operating certificate for a regulatedlifting device if:
(1) the applicant demonstrates:
(A) through an acceptance inspection made by an elevatorinspector licensed under IC 22-15-5-11 that the regulatedlifting device covered by the application complies with thelaws governing its construction, repair, maintenance, andoperation; and
(B) that the applicant has paid the fee set underIC 22-12-6-6(a)(7); and
(2) the division verifies, through an inspection, that theregulated lifting device complies with the laws governing theconstruction, repair, maintenance, and operation of theregulated lifting device.
(d) The division shall issue a renewal operating certificate if theapplicant:
(1) demonstrates through the completion of applicable safetytests that the regulated lifting device complies with the lawsgoverning the construction, repair, maintenance, and operation
of the regulated lifting device; and
(2) has paid the fee set under IC 22-12-6-6(a)(7).
(e) The division may issue a temporary operating permit to anapplicant under this section who does not comply with subsection(c)(1)(A) for a new or altered regulated lifting device or subsection(d)(1) for an existing unaltered regulated lifting device. Theapplicant must pay the fee set under IC 22-12-6-6(a)(7) to qualify forthe temporary operating permit. Except as provided in subsection (f),the permit, including all renewal periods, is limited to sixty (60)days.
(f) The division may renew a temporary operating permit issuedunder subsection (e) for thirty (30) day periods during theconstruction of a building if the regulated lifting device is used forthe transportation of construction personnel, tools, and materials.
(g) The responsibilities of the division under this section may becarried out by a political subdivision that is approved by thecommission under IC 22-13-2-10.
(h) A copy of the operating certificate shall be displayed in or oneach regulated lifting device or in an associated machine room.
(i) A licensed elevator mechanic shall perform the maintenanceon a regulated lifting device.
As added by P.L.245-1987, SEC.4. Amended by P.L.137-1990,SEC.1; P.L.119-2002, SEC.17; P.L.1-2006, SEC.394.
IC 22-15-5-5
Operation without a permit; offense; application of section
Sec. 5. (a) This section does not apply to a person who uses aregulated lifting device unless the person also has authority to:
(1) construct, repair, or maintain the regulated lifting device; or
(2) place the regulated lifting device out of service.
(b) This section applies to the following:
(1) Each person who operates a regulated lifting device.
(2) Each person who has control over the operation of aregulated lifting device.
(3) Each person who has control over the place where aregulated lifting device is operated.
(c) A person described in subsection (b) commits a Class Cinfraction if:
(1) a regulated lifting device is operated; and
(2) no regulated lifting device operating permit covers theoperation.
As added by P.L.245-1987, SEC.4.
IC 22-15-5-6
Definitions
Sec. 6. (a) The following definitions apply to sections 7 through16 of this chapter:
(1) "Competency examination" means an examination thatthoroughly tests the scope of the knowledge and skill of theapplicant for the license. (2) "Elevator apprentice" means an individual who works underthe direct supervision of a licensed elevator mechanic. The termincludes an individual commonly known as an elevator helperwhile working under the direct supervision of a licensedelevator mechanic.
(3) "Elevator contractor" means a person who alone or withother persons, constructs, repairs, alters, remodels, adds to,subtracts from, or improves a regulated lifting device and whois responsible for substantially all the regulated lifting deviceswithin the entire project, or who fabricates elevator liftingdevices substantially completed and ready for installation.
(4) "Elevator inspector" means an individual who conducts theacceptance inspection of a regulated lifting device required bysection 4(c)(1)(A) of this chapter.
(5) "Elevator mechanic" means an individual who engages inthe construction, reconstruction, alteration, maintenance,mechanical, or electrical work or adjustments of a regulatedlifting device.
(6) "License" means a certificate issued by the department thatconfers upon the holder the privilege to act as an elevatorcontractor, elevator inspector, or elevator mechanic.
(7) "Licensing program" means the program for licensingelevator contractors, elevator inspectors, and elevatormechanics established under this section and sections 7 through16 of this chapter.
(8) "Municipality" has the meaning set forth in IC 36-1-2-11.
(9) "Person" means:
(A) a natural person;
(B) the partners or members of a partnership or a limitedpartnership;
(C) a state educational institution; or
(D) a corporation or the officers, directors, and employees ofthe corporation.
(10) "Practitioner" means a person that holds:
(A) an unlimited license;
(B) a limited or probationary license;
(C) a temporary license;
(D) an emergency license; or
(E) an inactive license.
(b) The commission and the department shall establish a programto license elevator contractors, elevator mechanics, and elevatorinspectors.
(c) The department shall issue a license as an elevator contractor,an elevator mechanic, or an elevator inspector to a person whoqualifies and complies with the provisions of the licensing program.A person who receives a license under this chapter is subject to thesupervision and control of the department.
(d) The department may contract with public and privateinstitutions, agencies, businesses, and organizations to implement allor part of its duties established under this chapter. (e) The commission may adopt rules under IC 4-22-2 toimplement the licensing program.
As added by P.L.119-2002, SEC.18. Amended by P.L.1-2006,SEC.395; P.L.2-2007, SEC.309.
IC 22-15-5-7
Elevator contractor license; requirements for license; invalidlicense
Sec. 7. (a) After May 1, 2003, an individual may not act as anelevator contractor unless the individual:
(1) holds an elevator contractor license issued under thischapter; or
(2) is an employee of a partnership, a limited partnership, acorporation, or a state educational institution that holds anelevator contractor license issued under this chapter.
(b) After May 1, 2003, a partnership, a limited partnership, acorporation, or a state educational institution may not act as anelevator contractor unless it holds an elevator contractor licenseissued under this chapter.
(c) An individual who is an applicant for an elevator contractorlicense shall:
(1) hold a valid elevator contractor license issued by anotherstate that has a licensing program that, as determined by thedepartment or the commission, is equivalent to the elevatorcontractor licensing program established under this chapter; or
(2) except as otherwise provided, satisfy both of the followingrequirements:
(A) Have at least five (5) years of documented workexperience in the elevator industry in construction,maintenance, and service or repair in Indiana.
(B) Successfully complete a written competencyexamination approved by the commission.
An applicant for an elevator contractor license is entitled to a licensewithout examination if the applicant applies for the license on orbefore May 1, 2003.
(d) A corporation or a state educational institution that is anapplicant for an elevator contractor license must have at least one (1)officer or employee of the corporation or a state educationalinstitution that holds a valid elevator contractor license issued underthis chapter. A license granted to a corporation or a state educationalinstitution to act as an elevator contractor under this chapter becomesinvalid when an officer or employee of the corporation or stateeducational institution no longer holds a valid elevator contractorlicense issued under this chapter.
(e) A partnership or limited partnership that is an applicant for anelevator contractor license must have at least one (1) partner orgeneral partner that holds a valid elevator contractor license issuedunder this chapter. A license granted to a partnership or limitedpartnership to act as an elevator contractor under this chapterbecomes invalid when the partner of a partnership or general partner
of a limited partnership named in the application no longer holds avalid elevator contractor license as provided by this chapter.
As added by P.L.119-2002, SEC.19. Amended by P.L.141-2003,SEC.13; P.L.2-2007, SEC.310.
IC 22-15-5-8
Initial license application; renewal license application
Sec. 8. (a) An applicant for an initial elevator contractor licensemust do the following:
(1) Submit to the department an application on the form that thedepartment provides.
(2) Submit to the department any proof of eligibility thedepartment requires.
(3) Demonstrate proof of insurance as required by section 14 ofthis chapter.
(4) Demonstrate proof of worker's compensation coverageunder IC 22-3-2-5.
(5) Pay the license fee established under IC 22-12-6-6. Thelicense fee is nonrefundable and must be paid each time anapplicant submits an application or applies to take theexamination.
(6) Affirm under penalty of perjury that all informationprovided to the department is true to the best of the applicant'sknowledge and belief.
(b) An applicant for a renewal elevator contractor license must dothe following:
(1) Submit an application on the form that the departmentprovides.
(2) Submit proof of completion of the continuing educationrequired by section 15 of this chapter.
(3) Demonstrate proof of insurance as required by section 14 ofthis chapter.
(4) Demonstrate proof of worker's compensation coverageunder IC 22-3-2-5.
(5) Pay the license fee established under IC 22-12-6-6. Thelicense fee is nonrefundable and must be paid each time anapplicant submits an application.
(6) Affirm under penalty of perjury that all informationprovided to the department is true to the best of the applicant'sknowledge and belief.
As added by P.L.119-2002, SEC.20. Amended by P.L.1-2003,SEC.72.
IC 22-15-5-9
Required information for application; license expiration andrenewal
Sec. 9. (a) An application for an elevator contractor license mustcontain the following information:
(1) If the applicant is an individual, the name, business address,telephone number, and electronic mail address of the applicant. (2) If the applicant is a corporation or a state educationalinstitution, the following:
(A) The name and address of the corporation.
(B) The name, business address, phone number, andelectronic mail address of every officer or employee in thecorporation who holds a valid elevator contractor license asprovided by this chapter.
(C) The name and address of the resident agent of thecorporation.
(3) If the applicant is a partnership or limited partnership, thefollowing:
(A) The name and address of the partnership or limitedpartnership.
(B) The name, business address, phone number, andelectronic mail address of every partner, for a partnership, orevery general partner, for a limited partnership, who holds avalid elevator contractor license as provided by this chapter.
(4) Any other information the department requires.
(b) An initial elevator contractor license issued under this chapterexpires on December 31 of the second year after it was issued.
(c) A renewal of an elevator contractor license is valid for two (2)years.
As added by P.L.119-2002, SEC.21. Amended by P.L.2-2007,SEC.311.
IC 22-15-5-10
License presentation upon request
Sec. 10. An individual engaged in the business of an elevatorcontractor shall carry:
(1) the individual's license; or
(2) a facsimile of the license of the partnership, corporation, orstate educational institution by which the individual isemployed;
and present the license for inspection by a representative of thedepartment upon request.
As added by P.L.119-2002, SEC.22. Amended by P.L.2-2007,SEC.312.
IC 22-15-5-11
Elevator inspector license; initial license requirements; renewallicense; license expiration; invalid license
Sec. 11. (a) After May 1, 2003, an individual may not act as anelevator inspector unless the individual holds an elevator inspectorlicense issued under this chapter.
(b) An individual who is an applicant for an elevator inspectorlicense shall meet the standards set forth in American Society ofMechanical Engineers (ASME) American National Standard QEI-1(Standard for the Qualification of Elevator Inspectors) or othernationally accepted standard qualifying authority that thecommission has determined has equivalent requirements as ASME
QEI-1 for obtaining and retaining certification.
(c) An applicant for an initial elevator inspector license must dothe following:
(1) Submit to the department an application provided by thedepartment that contains the following information:
(A) The name, address, telephone number, and electronicmail address of the applicant.
(B) Any other information the department requires.
(2) Submit to the department any proof of eligibility thedepartment requires.
(3) Demonstrate proof of insurance as required by section 14 ofthis chapter.
(4) Pay the license fee established under IC 22-12-6-6. Thelicense fee is nonrefundable and must be paid each time anapplicant submits an application.
(5) Affirm under penalty of perjury that all informationprovided to the department is true to the best of the applicant'sknowledge and belief.
(d) An applicant for a renewal elevator inspector license shall:
(1) Submit to the department an application provided by thedepartment that contains the following information:
(A) The name, address, telephone number, and electronicmail address of the applicant.
(B) Any other information the department requires.
(2) Submit proof of completion of the continuing educationrequired by section 15 of this chapter.
(3) Demonstrate proof of insurance as required by section 14 ofthis chapter.
(4) Pay the license fee established under IC 22-12-6-6. Thelicense fee is nonrefundable and must be paid each time anapplicant submits an application.
(5) Affirm under penalty of perjury that all informationprovided to the department is true to the best of the applicant'sknowledge and belief.
(e) An initial elevator inspector license issued under this chapterexpires on December 31 of the second year after the license wasissued.
(f) A renewal of an elevator inspector license is valid for two (2)years.
(g) An individual who engages in the business of an elevatorinspector shall carry the individual's license and present the licensefor inspection by a representative of the department upon request.
(h) If the QEI-1 certification or other certification standardapproved by the commission that made the individual eligible for aninspector license under subsection (b):
(1) is terminated;
(2) expires; or
(3) becomes invalid for any other reason;
the elevator inspector's license immediately becomes invalid.
As added by P.L.119-2002, SEC.23. Amended by P.L.141-2003,
SEC.14.
IC 22-15-5-12
Elevator mechanic license; eligibility criteria; initial licenserequirements; renewal license; license expiration
Sec. 12. (a) After May 1, 2003, an individual may not act as anelevator mechanic unless the individual holds an elevator mechaniclicense issued under this chapter. A license is not required for anelevator apprentice.
(b) An individual who is an applicant for an elevator mechaniclicense must meet one (1) of the following eligibility criteria:
(1) Hold an active elevator mechanic license issued by a statethat has a licensing program that is at least equivalent to theelevator mechanic licensing program established under thischapter.
(2) Satisfy both of the following:
(A) Have at least one (1) of the following types of workexperience or training:
(i) Have at least three (3) years of documented workexperience in the elevator industry in construction,maintenance, and service or repair.
(ii) Have at least eighteen (18) months experience in theelevator industry in construction, maintenance, and serviceor repair and have at least three (3) years experience in arelated field that is certified by a licensed elevatorcontractor.
(iii) Complete an apprenticeship program that is registeredwith the Bureau of Apprenticeship and Training of theUnited States Department of Labor or a stateapprenticeship program and that the commissiondetermines is at least equivalent to three (3) years of workexperience in the elevator industry in construction,maintenance, and service or repair.
(B) Successfully complete a written competencyexamination approved by the commission.
(3) Successfully complete an elevator mechanic's program thatconsists of a combination of extensive training and acomprehensive examination that the commission hasdetermined is at least equivalent to both the work experiencerequired under subdivision (2)(A)(i) and the competencyexamination established under subdivision (2)(B).
(4) Furnish acceptable proof to the department of:
(A) at least three (3) years work experience in the elevatorindustry in construction, maintenance, service or repair; and
(B) current performance of the duties of an elevatormechanic in Indiana without direct supervision;
and apply for the license on or before May 1, 2003.
(c) An applicant for an initial elevator mechanic license must dothe following:
(1) Submit to the department an application provided by the
department that contains the following information:
(A) The name, business address, telephone number, andelectronic mail address of the applicant.
(B) Any other information the department requires.
(2) Submit to the department any proof of eligibility thedepartment requires.
(3) Pay the nonrefundable and nontransferable license feeestablished under IC 22-12-6-6.
(4) Affirm under penalty of perjury that all informationprovided to the department is true to the best of the applicant'sknowledge and belief.
(d) An applicant for a renewal elevator mechanic license must dothe following:
(1) Submit to the department an application provided by thedepartment that contains the following information:
(A) The name, business address, telephone number, andelectronic mail address of the applicant.
(B) Any other information the department requires.
(2) Submit proof of completion of the continuing educationrequired by section 15 of this chapter.
(3) Pay the nonrefundable and nontransferable license feeestablished under IC 22-12-6-6.
(4) Affirm under penalty of perjury that all informationprovided to the department is true to the best of the applicant'sknowledge and belief.
(e) An initial elevator mechanic license issued under this chapterexpires on December 31 of the second year after the license wasissued.
(f) A renewal of an elevator mechanic license is valid for two (2)years.
(g) An individual engaged in the business of an elevator mechanicshall carry the individual's license and present the license forinspection by a representative of the department upon request.
As added by P.L.119-2002, SEC.24. Amended by P.L.141-2003,SEC.15.
IC 22-15-5-13
Temporary elevator mechanic license; emergency elevatormechanic license
Sec. 13. (a) A temporary elevator mechanic license may be issuedby the department upon receipt of the following:
(1) A certification by a licensed elevator contractor that thecontractor is unable to secure, despite the contractor's bestefforts, licensed elevator mechanics to perform construction,maintenance, or service and repair of elevators.
(2) An application on the form that the department provides.
(3) A certification by the licensed elevator contractor that theindividual to receive the temporary license possesses sufficientdocumented experience and education to perform elevatorconstruction, maintenance, or service and repair. (4) A temporary mechanic license fee established underIC 22-12-6-6. The license fee is nonrefundable and must be paideach time an applicant submits an application.
(5) An affirmation under penalty of perjury made by both theindividual who would receive the temporary license and thelicensed elevator contractor that all information provided to thedepartment is true to the best of their knowledge and belief.
(b) A temporary elevator mechanic license is valid for sixty (60)days after the date of issuance and is valid only for work performedfor the licensed elevator contractor that has made the certificationsunder subsection (a).
(c) A temporary elevator mechanic license issued under thissection may be renewed for two (2) subsequent sixty (60) dayperiods. To renew the license, the license holder must submit thefollowing:
(1) A certification by a licensed elevator contractor that thecontractor is unable to secure, despite the contractor's bestefforts, licensed elevator mechanics to perform construction,maintenance, or service and repair of elevators.
(2) An application on the form that the department provides.
(3) A temporary mechanic license renewal fee established underIC 22-12-6-6. The license fee is nonrefundable and must be paideach time an applicant submits an application.
(4) An affirmation by both the individual that would receive thetemporary license and the licensed elevator contractor underpenalty for perjury that all information provided to thedepartment is true to the best of their knowledge and belief.
(d) An emergency elevator mechanic license may be issued by thedepartment upon receipt of the following:
(1) A certification by a licensed elevator contractor that thecontractor is unable to secure, despite the contractor's bestefforts, licensed elevator mechanics to perform construction,maintenance, or service and repair of elevators due to a disaster(as defined in IC 10-14-3-1).
(2) An application on the form that the department provides.
(3) A certification by the licensed elevator contractor that theindividual to receive the temporary license possesses sufficientdocumented experience and education to perform elevatorconstruction, maintenance, or service and repair.
(4) An emergency mechanic license fee established underIC 22-12-6-6. The license fee is nonrefundable and must be paideach time an applicant submits an application.
(5) An affirmation by both the individual that would receive thetemporary license and the licensed elevator contractor underpenalty for perjury that all information provided to thedepartment is true to the best of their knowledge and belief.
(e) An emergency elevator mechanic license is valid for sixty (60)days after the date of issuance and is valid only for work performedfor the licensed elevator contractor that has made the certificationsunder subsection (d). (f) An emergency elevator mechanic license issued under thissection may be renewed for two (2) subsequent sixty (60) dayperiods. To renew the license, the license holder must submit thefollowing:
(1) A certification by a licensed elevator contractor that thecontractor is unable to secure, despite the contractor's bestefforts, licensed elevator mechanics to perform construction,maintenance, or service and repair of elevators.
(2) An application on the form that the department provides.
(3) An emergency mechanic license renewal fee establishedunder IC 22-12-6-6. The license fee is nonrefundable and mustbe paid each time an applicant submits an application.
(4) An affirmation by both the individual who would receive theemergency license and the licensed elevator contractor underpenalty for perjury that all information provided to thedepartment is true to the best of their knowledge and belief.
As added by P.L.119-2002, SEC.25. Amended by P.L.2-2003,SEC.61.
IC 22-15-5-14
Liability insurance requirement; exemptions; failure to filecertificate of insurance
Sec. 14. (a) This section does not apply to the following:
(1) An individual employed by the following:
(A) The state.
(B) A county.
(C) A municipality.
(D) A state educational institution.
(2) A state educational institution.
(b) The department may not issue an elevator inspector or elevatorcontractor license until the applicant has filed with the department acertificate of insurance indicating that the applicant has liabilityinsurance:
(1) in effect with an insurer that is authorized to write insurancein Indiana; and
(2) that provides general liability coverage to a limit of at least:
(A) one million dollars ($1,000,000) for the injury or deathof any number of persons in any one (1) occurrence; and
(B) five hundred thousand dollars ($500,000) for propertydamage in any one (1) occurrence.
(c) An insurance policy required under this section may includea deductible clause if the clause provides that any settlement madeby the insurance company with an injured person or a personalrepresentative must be paid as though the deductible clause did notapply.
(d) An insurance policy required under this section must provideby the policy's original terms or an endorsement that the insurer maynot cancel the policy without:
(1) thirty (30) days written notice; and
(2) a complete report of the reasons for the cancellation to the
division.
(e) An insurance policy required under this section must provideby the policy's original terms or an endorsement that the insurer shallreport to the department within twenty-four (24) hours after theinsurer pays a claim or reserves any amount to pay an anticipatedclaim that reduces the liability coverage below the amountsestablished in this section.
(f) If an insurance policy required under this section:
(1) is canceled during the policy's term;
(2) lapses for any reason; or
(3) has the policy's coverage fall below the required amount;
the license holder shall replace the policy with another policy thatcomplies with this section.
(g) If a license holder fails to file a certificate of insurance fornew or replacement insurance, the license holder:
(1) must cease all operations under the license immediately; and
(2) may not conduct further operations until the license holderreceives the approval of the department to resume operationsafter the license holder complies with the requirements of thissection.
As added by P.L.119-2002, SEC.26. Amended by P.L.1-2006,SEC.396; P.L.2-2007, SEC.313.
IC 22-15-5-15
Continuing education requirements; exemptions; temporarywaiver
Sec. 15. (a) This section does not apply to a licensed elevatorcontractor that is not an individual.
(b) To renew a license issued under this licensing program, thelicense holder must satisfy the continuing education requirement andsubmit a proof of completion of training to the department.
(c) The continuing education requirement is at least eight (8)hours of instruction that must be attended and completed within one(1) year before a license renewal.
(d) The continuing education courses designed to ensure thecontinuing education of an individual holding a license regardingnew and existing provisions of the rules of the commission mayinclude:
(1) programs sponsored by the commission;
(2) trade association seminars;
(3) labor training programs; or
(4) joint labor management apprenticeship and journeymanupgrade training programs.
For an individual's completion of a continuing education course tosatisfy the individual's continuing education requirement under thischapter, the continuing education provider, instructor and thecurriculum must have been approved by the department.
(e) All instructors of continuing education courses must beapproved by the department. If an instructor is approved by thedepartment, has worked as an instructor teaching a curriculum
approved by the department at any time within the year preceding theexpiration date of the license, and submits proof of this work to thedepartment, the instructor is exempt from the requirements ofsubsection (c).
(f) Continuing education providers shall keep uniform records ofattendance at approved continuing education courses for at least ten(10) years on forms designed and distributed by the department.
(g) A license holder who is unable to complete the continuingeducation required under this chapter before the expiration of theindividual's license due to temporary physical or mental disabilitymay apply for a waiver from the department in accordance with thefollowing:
(1) A waiver application must be submitted to the departmenton a form established by the department.
(2) A waiver application must be signed and accompanied by anaffidavit signed by the physician of the applicant attesting to theapplicant's temporary disability.
(h) After the cessation of the temporary disability, the applicantmust submit to the department a certification from the samephysician, if the physician is still the treating physician of theapplicant, or from a subsequent treating physician attesting to thetermination of the temporary disability.
(i) Upon the submission of the certification under subsection (h),the department shall issue a temporary waiver of the continuingeducation requirement. A temporary waiver is valid for ninety (90)days after the date of issue and allows the individual to work as anelevator contractor, elevator inspector, or elevator mechanic withoutthe completion of the continuing education requirement for ninety(90) days.
(j) A temporary waiver of the continuing education requirementmay not be renewed.
As added by P.L.119-2002, SEC.27.
IC 22-15-5-16
Sanctions; disciplinary proceedings; license denial, suspension, andrevocation; appeals; costs
Sec. 16. (a) A practitioner shall comply with the standardsestablished under this licensing program. A practitioner is subject tothe exercise of the disciplinary sanctions under subsection (b) if thedepartment finds that a practitioner has:
(1) engaged in or knowingly cooperated in fraud or materialdeception in order to obtain a license to practice, includingcheating on a licensing examination;
(2) engaged in fraud or material deception in the course ofprofessional services or activities;
(3) advertised services or goods in a false or misleadingmanner;
(4) falsified or knowingly allowed another person to falsifyattendance records or certificates of completion of continuingeducation courses provided under this chapter; (5) been convicted of a crime that has a direct bearing on thepractitioner's ability to continue to practice competently;
(6) knowingly violated a state statute or rule or federal statuteor regulation regulating the profession for which thepractitioner is licensed;
(7) continued to practice although the practitioner has becomeunfit to practice due to:
(A) professional incompetence;
(B) failure to keep abreast of current professional theory orpractice;
(C) physical or mental disability; or
(D) addiction to, abuse of, or severe dependency on alcoholor other drugs that endanger the public by impairing apractitioner's ability to practice safely;
(8) engaged in a course of lewd or immoral conduct inconnection with the delivery of services to the public;
(9) allowed the practitioner's name or a license issued under thischapter to be used in connection with an individual or businesswho renders services beyond the scope of that individual's orbusiness's training, experience, or competence;
(10) had disciplinary action taken against the practitioner or thepractitioner's license to practice in another state or jurisdictionon grounds similar to those under this chapter;
(11) assisted another person in committing an act that wouldconstitute a ground for disciplinary sanction under this chapter;or
(12) allowed a license issued by the department to be:
(A) used by another person; or
(B) displayed to the public when the license has expired, isinactive, is invalid, or has been revoked or suspended.
For purposes of subdivision (10), a certified copy of a record ofdisciplinary action constitutes prima facie evidence of a disciplinaryaction in another jurisdiction.
(b) The department may impose one (1) or more of the followingsanctions if the department finds that a practitioner is subject todisciplinary sanctions under subsection (a):
(1) Permanent revocation of a practitioner's license.
(2) Suspension of a practitioner's license.
(3) Censure of a practitioner.
(4) Issuance of a letter of reprimand.
(5) Assess a civil penalty against the practitioner in accordancewith the following:
(A) The civil penalty may not be more than one thousanddollars ($1,000) for each violation listed in subsection (a),except for a finding of incompetency due to a physical ormental disability.
(B) When imposing a civil penalty, the department shallconsider a practitioner's ability to pay the amount assessed.If the practitioner fails to pay the civil penalty within thetime specified by the department, the department may
suspend the practitioner's license without additionalproceedings. However, a suspension may not be imposed ifthe sole basis for the suspension is the practitioner's inabilityto pay a civil penalty.
(6) Place a practitioner on probation status and require thepractitioner to:
(A) report regularly to the department upon the matters thatare the basis of probation;
(B) limit practice to those areas prescribed by thedepartment;
(C) continue or renew professional education approved bythe department until a satisfactory degree of skill has beenattained in those areas that are the basis of the probation; or
(D) perform or refrain from performing any acts, includingcommunity restitution or service without compensation, thatthe department considers appropriate to the public interest orto the rehabilitation or treatment of the practitioner.
The department may withdraw or modify this probation if thedepartment finds after a hearing that the deficiency thatrequired disciplinary action has been remedied or that changedcircumstances warrant a modification of the order.
(c) If an applicant or a practitioner has engaged in or knowinglycooperated in fraud or material deception to obtain a license topractice, including cheating on the licensing examination, thedepartment may rescind the license if it has been granted, void theexamination or other fraudulent or deceptive material, and prohibitthe applicant from reapplying for the license for a length of timeestablished by the department.
(d) The department may deny licensure to an applicant who hashad disciplinary action taken against the applicant or the applicant'slicense to practice in another state or jurisdiction or who haspracticed without a license in violation of the law. A certified copyof the record of disciplinary action is conclusive evidence of theother jurisdiction's disciplinary action.
(e) The department may order a practitioner to submit to areasonable physical or mental examination if the practitioner'sphysical or mental capacity to practice safely and competently is atissue in a disciplinary proceeding. Failure to comply with adepartment order to submit to a physical or mental examinationmakes a practitioner liable to temporary suspension under subsection(j).
(f) Except as provided under subsection (g) or (h), a license maynot be denied, revoked, or suspended because the applicant or holderhas been convicted of an offense. The acts from which the applicant'sor holder's conviction resulted may, however, be considered as towhether the applicant or holder should be entrusted to serve thepublic in a specific capacity.
(g) The department may deny, suspend, or revoke a license issuedunder this chapter if the individual who holds the license is convictedof any of the following: (1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
(2) Possession of methamphetamine under IC 35-48-4-6.1.
(3) Possession of a controlled substance under IC 35-48-4-7(a).
(4) Fraudulently obtaining a controlled substance underIC 35-48-4-7(b).
(5) Manufacture of paraphernalia as a Class D felony underIC 35-48-4-8.1(b).
(6) Dealing in paraphernalia as a Class D felony underIC 35-48-4-8.5(b).
(7) Possession of paraphernalia as a Class D felony underIC 35-48-4-8.3(b).
(8) Possession of marijuana, hash oil, or hashish as a Class Dfelony under IC 35-48-4-11.
(9) Maintaining a common nuisance under IC 35-48-4-13.
(10) An offense relating to registration, labeling, andprescription forms under IC 35-48-4-14.
(11) Conspiracy under IC 35-41-5-2 to commit an offense listedin subdivisions (1) through (10).
(12) Attempt under IC 35-41-5-1 to commit an offense listed insubdivisions (1) through (10).
(13) An offense in any other jurisdiction in which the elementsof the offense for which the conviction was entered aresubstantially similar to the elements of an offense described insubdivisions (1) through (12).
(h) The department shall deny, revoke, or suspend a license issuedunder this chapter if the individual who holds the license is convictedof any of the following:
(1) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
(2) Dealing in methamphetamine under IC 35-48-4-1.1.
(3) Dealing in a schedule I, II, or III controlled substance underIC 35-48-4-2.
(4) Dealing in a schedule IV controlled substance underIC 35-48-4-3.
(5) Dealing in a schedule V controlled substance underIC 35-48-4-4.
(6) Dealing in a substance represented to be a controlledsubstance under IC 35-48-4-4.5.
(7) Knowingly or intentionally manufacturing, advertising,distributing, or possessing with intent to manufacture, advertise,or distribute a substance represented to be a controlledsubstance under IC 35-48-4-4.6.
(8) Dealing in a counterfeit substance under IC 35-48-4-5.
(9) Dealing in marijuana, hash oil, or hashish underIC 35-48-4-10(b).
(10) Conspiracy under IC 35-41-5-2 to commit an offense listedin subdivisions (1) through (9).
(11) Attempt under IC 35-41-5-1 to commit an offense listed insubdivisions (1) through (9).
(12) An offense in any other jurisdiction in which the elementsof the offense for which the conviction was entered are
substantially similar to the elements of an offense described insubdivisions (1) through (11).
(13) A violation of any federal or state drug law or rule relatedto wholesale legend drug distributors licensed underIC 25-26-14.
(i) A decision of the department under subsections (b) through (h)may be appealed to the commission under IC 4-21.5-3-7.
(j) The department may temporarily suspend a practitioner'slicense under IC 4-21.5-4 before a final adjudication or during theappeals process if the department finds that a practitioner representsa clear and immediate danger to the public's health, safety, orproperty if the practitioner is allowed to continue to practice.
(k) On receipt of a complaint or an information alleging that aperson licensed under this chapter has engaged in or is engaging ina practice that jeopardizes the public health, safety, or welfare, thedepartment shall initiate an investigation against the person.
(l) Any complaint filed with the office of the attorney generalalleging a violation of this licensing program shall be referred to thedepartment for summary review and for its general information andany authorized action at the time of the filing.
(m) The department shall conduct a fact finding investigation asthe department considers proper in relation to the complaint.
(n) The department may reinstate a license that has beensuspended under this section if, after a hearing, the department issatisfied that the applicant is able to practice with reasonable skill,safety, and competency to the public. As a condition ofreinstatement, the department may impose disciplinary or correctivemeasures authorized under this chapter.
(o) The department may not reinstate a license that has beenrevoked under this chapter. An individual whose license has beenrevoked under this chapter may not apply for a new license untilseven (7) years after the date of revocation.
(p) The department shall seek to achieve consistency in theapplication of sanctions authorized in this chapter. Significantdepartures from prior decisions involving similar conduct must beexplained in the department's findings or orders.
(q) A practitioner may petition the department to accept thesurrender of the practitioner's license instead of having a hearingbefore the commission. The practitioner may not surrender thepractitioner's license without the written approval of the department,and the department may impose any conditions appropriate to thesurrender or reinstatement of a surrendered license.
(r) A practitioner who has been subjected to disciplinary sanctionsmay be required by the commission to pay the costs of theproceeding. The practitioner's ability to pay shall be considered whencosts are assessed. If the practitioner fails to pay the costs, asuspension may not be imposed solely upon the practitioner'sinability to pay the amount assessed. The costs are limited to costsfor 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.
As added by P.L.119-2002, SEC.28. Amended by P.L.151-2006,SEC.9; P.L.1-2007, SEC.161.