CHAPTER 3. DUTIES AND POWERS OF THE BOARD
IC 25-17.6-3
Chapter 3. Duties and Powers of the Board
IC 25-17.6-3-1
Meetings; cost of survey
Sec. 1. (a) The board shall meet:
(1) at least one (1) time each calendar year; and
(2) at other times considered necessary by:
(A) the chairman; or
(B) a quorum of the board;
upon being given at least ten (10) days notice.
(b) Each year the board shall:
(1) determine the cost incurred by the survey in administeringthe program for the licensure of professional geologists underthis article; and
(2) if necessary, adjust the amount of the:
(A) licensure fee charged under IC 25-17.6-4-7; and
(B) renewal fee charged under IC 25-17.6-5-2;
to ensure that the program is self-supporting.
As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.7.
IC 25-17.6-3-2
Qualifications of applicants for certification
Sec. 2. (a) The board shall pass upon the qualifications ofapplicants for licensure.
(b) The board shall:
(1) require from an applicant for licensure evidence of theapplicant's qualifications; and
(2) judge an applicant on evidence of the applicant'sprofessional competency and integrity under rules adopted bythe board.
As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.8.
IC 25-17.6-3-3
Code of professional conduct
Sec. 3. (a) The board may by rule adopt or amend a code ofprofessional conduct for licensed professional geologists.
(b) If the board adopts or amends a code of professional conductunder subsection (a), the board shall mail a copy of the code and anyamendments to the code to all persons listed on the roster describedin section 10 of this chapter.
(c) A mailing under this section constitutes service for thepurposes of this article.
As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999, SEC.9.
IC 25-17.6-3-4
Investigation of misconduct
Sec. 4. The board may investigate:
(1) a suspected violation by a licensed professional geologist of:
(A) the code of conduct adopted under section 3 of this
chapter; or
(B) other rules of the board concerning professionalcompetency and integrity of licensed professional geologists;or
(2) other grounds for action against a licensed professionalgeologist under IC 25-17.6-8.
As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999,SEC.10.
IC 25-17.6-3-5
Complaint to condition, suspend, or revoke registration
Sec. 5. (a) The board may file a proposed complaint to condition,suspend, or revoke the license of a licensed professional geologist.
(b) The recipient of a proposed complaint may either:
(1) agree to the terms of the proposed complaint; or
(2) request, within twenty (20) days of receiving the proposedcomplaint, an informal review of the proposed complaint beforethe board.
(c) Failure by a licensed professional geologist to request aninformal review constitutes an agreement to the terms of theproposed complaint.
As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999,SEC.11.
IC 25-17.6-3-6
Charges of fraud, deceit, gross negligence, or misconduct
Sec. 6. (a) Any person or organization may present charges offraud, deceit, gross negligence, or misconduct against a licensedprofessional geologist.
(b) A charge under subsection (a) shall be:
(1) in writing;
(2) sworn to by the person or the officer of the organizationmaking the charges; and
(3) filed with the board.
As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999,SEC.12.
IC 25-17.6-3-7
Review of charges
Sec. 7. (a) The board shall consider:
(1) a request for review under section 5; or
(2) charges under section 6;
of this chapter during a meeting.
(b) The board may compel a licensed professional geologist torespond to any matters about a proposed complaint or charges.
(c) The board may by rule establish procedures for the conduct ofits review under this section, including the subpoena of witnessesand documents.
(d) A review under this section shall be conducted in an informalmanner. However, the board shall keep a record of the proceeding. (e) As soon as possible following the meeting, the board shallrender a determination and either:
(1) terminate its review; or
(2) issue a determination under IC 4-21.5-3-6 to condition,suspend, or revoke the license of the licensed professionalgeologist.
As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999,SEC.13.
IC 25-17.6-3-8
Compliance with or administrative review of determination
Sec. 8. A licensed professional geologist who receives adetermination under section 7 of this chapter shall either:
(1) comply with its terms; or
(2) request administrative review under IC 25-17.6-9.
As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999,SEC.14.
IC 25-17.6-3-9
Legal assistance
Sec. 9. (a) The attorney general shall act as legal adviser to theboard and provide any legal assistance necessary to carry out thisarticle.
(b) The board may employ private counsel at the expense of theboard.
As added by P.L.161-1996, SEC.2.
IC 25-17.6-3-10
Survey; publication of roster
Sec. 10. (a) The survey shall publish each year a roster showingthe names and places of business of all licensed professionalgeologists.
(b) Copies of the roster described in subsection (a) shall be:
(1) made available to each person licensed;
(2) placed on file at the survey; and
(3) furnished to the public upon request.
As added by P.L.161-1996, SEC.2. Amended by P.L.17-1999,SEC.15.
IC 25-17.6-3-11
Survey; offices and staff
Sec. 11. The survey shall:
(1) establish and maintain necessary offices in Indiana;
(2) employ staff as necessary, including staff for the board; and
(3) prescribe the duties and compensation of all staff employedunder subdivision (2).
As added by P.L.161-1996, SEC.2.
IC 25-17.6-3-12
Rules Sec. 12. The board may adopt rules under IC 4-22-2 consistentwith this article and reasonably required for the conduct of theboard's responsibilities and duties.
As added by P.L.161-1996, SEC.2.