CHAPTER 6. PROFESSIONAL LICENSING AGENCY FUNCTIONS AND DUTIES
IC 25-1-6
Chapter 6. Professional Licensing Agency Functions and Duties
IC 25-1-6-1
Centralization of staff, functions, and services
Sec. 1. The centralization of staff, functions, and servicescontemplated by this chapter shall be done in such a way as toenhance the licensing agency's ability to:
(1) make maximum use of data processing as a means of moreefficient operation;
(2) provide more services and carry out functions of superiorquality; and
(3) ultimately and significantly reduce the number of staffneeded to provide these services and carry out these functions.
As added by Acts 1981, P.L.222, SEC.3. Amended by P.L.132-1984,SEC.2; P.L.194-2005, SEC.1.
IC 25-1-6-2
Definitions
Sec. 2. As used in this chapter:
"Board" means any agency, board, advisory committee, or groupincluded in section 3 of this chapter.
"Licensing agency" means the Indiana professional licensingagency created by IC 25-1-5-3.
As added by Acts 1981, P.L.222, SEC.3. Amended by P.L.132-1984,SEC.3; P.L.206-2005, SEC.8.
IC 25-1-6-3
Indiana professional licensing agency; functions, duties, andresponsibilities
Sec. 3. (a) The licensing agency shall perform all administrativefunctions, duties, and responsibilities assigned by law or rule to theexecutive director, secretary, or other statutory administrator of thefollowing:
(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 cosmetology examiners (IC 25-8-3-1).
(5) State board of funeral and cemetery service (IC 25-15-9).
(6) State board of registration for professional engineers (IC25-31-1-3).
(7) Indiana plumbing commission (IC 25-28.5-1-3).
(8) Indiana real estate commission (IC 25-34.1).
(9) Real estate appraiser licensure and certification board (IC25-34.1-8-1).
(10) Private investigator and security guard licensing board (IC25-30-1-5.2).
(11) State board of registration for land surveyors (IC25-21.5-2-1). (12) Manufactured home installer licensing board (IC 25-23.7).
(13) Home inspectors licensing board (IC 25-20.2-3-1).
(14) State board of massage therapy (IC 25-21.8-2-1).
(b) Nothing in this chapter may be construed to give the licensingagency policy making authority, which remains with each board.
As added by Acts 1981, P.L.222, SEC.3. Amended by Acts 1982,P.L.113, SEC.10; P.L.132-1984, SEC.4; P.L.246-1985, SEC.14;P.L.257-1987, SEC.14; P.L.234-1989, SEC.2; P.L.186-1990, SEC.4;P.L.23-1991, SEC.8; P.L.48-1991, SEC.15; P.L.1-1992, SEC.129;P.L.30-1993, SEC.4; P.L.234-1995, SEC.2; P.L.82-2000, SEC.3;P.L.227-2001, SEC.3; P.L.162-2002, SEC.3; P.L.145-2003, SEC.3;P.L.194-2005, SEC.2; P.L.206-2005, SEC.9; P.L.185-2007, SEC.3;P.L.200-2007, SEC.4; P.L.3-2008, SEC.177; P.L.160-2009, SEC.6;P.L.84-2010, SEC.11.
IC 25-1-6-4
Additional duties and functions; staff; requirements for renewal;delay of renewal; attorney general; investigation; sanctions;staggering renewal cycles; abandoned application
Sec. 4. (a) The licensing agency shall employ necessary staff,including specialists and professionals, to carry out theadministrative duties and functions of the boards, including but notlimited 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 requestsof all the boards in section 3 of this chapter;
(2) may coordinate licensing or certification renewal cycles,examination schedules, or other routine activities to efficientlyutilize licensing agency staff, facilities, and transportationresources, and to improve accessibility of board functions to thepublic; and
(3) may consolidate, where feasible, office space, recordkeeping, and data processing services.
(c) In administering the renewal of licenses or certificates underthis chapter, the licensing agency shall issue a sixty (60) day noticeof expiration to all holders of a license or certificate. The notice mustinform 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 undersubsection (c), the holder of the license or certificate is not subjectto a sanction for failure to renew if the holder renews the license orcertificate not more than forty-five (45) days after the holder receivesthe notice from the licensing agency. (e) The licensing agency may require an applicant for a license orcertificate renewal to submit evidence showing that the applicant:
(1) meets the minimum requirements for licensure orcertification; 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'sprofession.
(f) The licensing agency may delay renewing a license orcertificate for not more than ninety (90) days after the renewal dateto permit the board to investigate information received by thelicensing agency that the applicant for renewal may have committedan act for which the applicant may be disciplined. If the licensingagency delays renewing a license or certificate, the licensing agencyshall notify the applicant that the applicant is being investigated.Except as provided in subsection (g), the board shall do one (1) ofthe following before the expiration of the ninety (90) day period:
(1) Deny renewal of the license or certificate following apersonal appearance by the applicant before the board.
(2) Renew the license or certificate upon satisfaction of allother 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 aninvestigation under subsection (h) if, following a personalappearance by the applicant before the board, the board hasgood cause to believe that the applicant engaged in activitydescribed in IC 25-1-11-5.
(5) Upon agreement of the applicant and the board andfollowing a personal appearance by the applicant before theboard, renew the license or certificate and place the applicanton probation status under IC 25-1-11-12.
(g) If an applicant fails to appear before the board undersubsection (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 officeof the attorney general shall conduct an investigation. Uponcompletion of the investigation, the office of the attorney generalmay file a petition alleging that the applicant has engaged in activitydescribed in IC 25-1-11-5. If the office of the attorney general filesa petition, the board shall set the matter for a public hearing. If, aftera 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 maydelay renewing a license or certificate beyond ninety (90) days afterthe renewal date until a final determination is made by the board.The applicant's license or certificate remains valid until the finaldetermination 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 renewalremains valid during the ninety (90) day period unless the license or
certificate is denied following a personal appearance by the applicantbefore the board before the end of the ninety (90) day period. If theninety (90) day period expires without action by the board, thelicense or certificate shall be automatically renewed at the end of theninety (90) day period.
(j) Notwithstanding any other law, the licensing agency maystagger license or certificate renewal cycles.
(k) An application for a license or certificate is abandoned withoutan action by the board if the applicant does not complete therequirements for obtaining the license or certificate not more thanone (1) year after the date on which the application was filed.However, the board may, for good cause shown, extend the validityof the application for additional thirty (30) day periods. Anapplication submitted after the abandonment of an application isconsidered a new application.
As added by Acts 1981, P.L.222, SEC.3. Amended by P.L.132-1984,SEC.5; P.L.194-2005, SEC.3.
IC 25-1-6-5
Executive director
Sec. 5. (a) The licensing agency shall be administered by anexecutive director appointed by the governor who shall serve at thewill and pleasure of the governor.
(b) The executive director must be qualified by experience andtraining.
(c) The term "executive director" or "secretary", or any otherstatutory term for the administrative officer of a board listed insection 3 of this chapter, means the executive director of thelicensing agency or the executive director's designee.
(d) The executive director is the chief fiscal officer of thelicensing agency and is responsible for hiring of all staff and forprocurement of all services and supplies in accordance with IC 5-22.The executive director and the employees of the licensing agency aresubject to IC 4-15-1.8 but are not under IC 4-15-2. The executivedirector may appoint no more than three (3) deputy directors, whomust be qualified to work for the boards which are served by thelicensing agency.
(e) The executive director shall execute a bond payable to thestate, with surety to consist of a surety or guaranty corporationqualified to do business in Indiana, in an amount fixed by the stateboard of accounts, conditioned upon the faithful performance ofduties and the accounting for all money and property that come intothe executive director's hands or under the executive director'scontrol. The executive director may likewise cause any employee ofthe licensing agency to execute a bond if that employee receives,disburses, or in any way handles funds or property of the licensingagency. The costs of any such bonds shall be paid from fundsavailable to the licensing agency.
(f) The executive director may present to the general assemblylegislative recommendations regarding operations of the licensing
agency and the boards it serves, including adoption of four (4) yearlicense or certificate renewal cycles wherever feasible.
(g) Upon the request of a board or commission, the executivedirector may execute orders, subpoenas, continuances, and otherlegal documents on behalf of the board or commission.
(h) Upon the request of a board or commission, the executivedirector may provide advice and technical assistance on issues thatmay be presented to the board or commission.
As added by Acts 1981, P.L.222, SEC.3. Amended by Acts 1982,P.L.113, SEC.11; P.L.132-1984, SEC.6; P.L.49-1997, SEC.64;P.L.194-2005, SEC.4.
IC 25-1-6-5.5
Appeal of license renewal denial
Sec. 5.5. A person who has a license renewal denied by a boardlisted in section 3 of this chapter may file an appeal of the denial inaccordance with IC 4-21.5-3.
As added by P.L.227-2001, SEC.4. Amended by P.L.1-2002, SEC.95;P.L.194-2005, SEC.5.
IC 25-1-6-6
Executive director; representatives; staff placement
Sec. 6. (a) The executive director shall designate certainemployees of the licensing agency to represent the executive directorof the licensing agency at board meetings, proceedings, or any otheractivities of a board.
(b) The executive director shall assign staff to individual boardsand shall work with the boards to ensure efficient utilization andplacement of staff.
As added by Acts 1981, P.L.222, SEC.3. Amended by P.L.132-1984,SEC.7.
IC 25-1-6-7
Repealed
(Repealed by P.L.186-1990, SEC.17.)
IC 25-1-6-8
Department of state revenue; access to names of licensees andapplicants; persons on tax warrant list
Sec. 8. (a) The licensing agency and the boards may allow thedepartment of state revenue access to the name of each person who:
(1) is licensed under this chapter or IC 25-1-5; or
(2) has applied for a license under this chapter or IC 25-1-5.
(b) If the department of state revenue notifies the licensing agencythat a person is on the most recent tax warrant list, the licensingagency may not issue or renew the person's license until:
(1) the person provides to the licensing agency a statement fromthe department of revenue that the person's delinquent taxliability has been satisfied; or
(2) the licensing agency receives a notice from the
commissioner of the department of state revenue underIC 6-8.1-8-2(k).
As added by P.L.26-1985, SEC.20. Amended by P.L.332-1989(ss),SEC.46; P.L.2-2005, SEC.63; P.L.206-2005, SEC.10.
IC 25-1-6-9
Repealed
(Repealed by P.L.186-1990, SEC.17.)
IC 25-1-6-10
Provision of Social Security numbers; access to numbers
Sec. 10. (a) An individual who applies for a license issued by aboard under this chapter or who holds a license issued by a boardunder this chapter shall provide the individual's Social Securitynumber to the licensing agency.
(b) The licensing agency and the boards shall collect and releasethe applicant's or licensee's Social Security number as otherwiseprovided in state or federal law.
(c) Notwithstanding IC 4-1-10-3, the licensing agency and theboards may allow access to the Social Security number of eachperson who is licensed under this chapter or has applied for a licenseunder this chapter to:
(1) a testing service that provides the examination for licensureto the licensing agency or the boards; or
(2) an individual state regulatory board or an organizationcomposed of state regulatory boards for the applicant's orlicensee's profession for the purpose of coordinating licensureand disciplinary activities among the individual states.
As added by P.L.157-2006, SEC.19.