CHAPTER 3. HOME INSPECTORS LICENSING BOARD
IC 25-20.2-3
Chapter 3. Home Inspectors Licensing Board
IC 25-20.2-3-1
Establishment of board
Sec. 1. The home inspectors licensing board is established.
As added by P.L.145-2003, SEC.7.
IC 25-20.2-3-2
Members
Sec. 2. (a) The board is composed of seven (7) membersappointed by the governor as follows:
(1) Four (4) members, each of whom:
(A) is licensed in Indiana as a home inspector; and
(B) has been actively engaged in performing homeinspections in Indiana for at least five (5) years immediatelybefore the member's appointment to the board.
(2) One (1) member who:
(A) is a home builder; and
(B) has been actively engaged in home building in Indianafor at least five (5) years immediately before the member'sappointment to the board.
(3) One (1) member who:
(A) is a licensed real estate salesperson underIC 25-34.1-3-3.1 or a licensed real estate broker underIC 25-34.1-3-4.1; and
(B) has been actively engaged in selling, trading,exchanging, optioning, leasing, renting, managing, listing, orappraising residential real estate in Indiana for at least five(5) years immediately before the member's appointment tothe board.
(4) One (1) member who represents the public at large and isnot associated with the home inspection, home building, or realestate business other than as a consumer.
(b) The members of the board must be residents of Indiana.
As added by P.L.145-2003, SEC.7.
IC 25-20.2-3-3
Terms of members; removal of members; vacancies
Sec. 3. (a) Each member of the board serves a term of three (3)years and until a successor is appointed and qualified.
(b) The governor may remove a board member at any time forincompetency, neglect of duty, or unprofessional conduct.
(c) If a vacancy occurs in the membership of the board, thegovernor shall appoint an individual to serve for the remainder of theunexpired term.
(d) A member may not serve on the board for more than six (6)consecutive years.
As added by P.L.145-2003, SEC.7.
IC 25-20.2-3-4
Chairperson; vice chairperson; terms
Sec. 4. (a) Each year the board shall elect a member aschairperson and a member as vice chairperson.
(b) The chairperson and the vice chairperson shall serve in theirrespective capacities for one (1) year and until a successor is elected.
(c) The chairperson and the vice chairperson may not serve inthose capacities for more than two (2) consecutive years.
As added by P.L.145-2003, SEC.7.
IC 25-20.2-3-5
Presiding at meetings; presiding officer
Sec. 5. (a) The chairperson shall preside at all meetings at whichthe chairperson is present. The vice chairperson shall preside atmeetings in the absence of the chairperson and shall perform otherduties as the chairperson directs.
(b) If the chairperson and vice chairperson are absent from ameeting of the board when a quorum exists, the members who arepresent may elect a presiding officer who shall serve as actingchairperson until the conclusion of the meeting or until the arrival ofthe chairperson or vice chairperson.
As added by P.L.145-2003, SEC.7.
IC 25-20.2-3-6
Board meetings; quorum; majority vote required
Sec. 6. (a) The board shall meet at least two (2) times eachcalendar year upon the call of the chairperson or the written requestof a majority of the members of the board.
(b) The chairperson shall establish the date, time, and place foreach meeting.
(c) A majority of the current members of the board constitutes aquorum.
(d) The affirmative vote of a majority of the members appointedto the board is necessary for the board to take official action.
As added by P.L.145-2003, SEC.7.
IC 25-20.2-3-7
Salary per diem; travel expenses
Sec. 7. Each member of the board is entitled to the minimumsalary per diem as provided by IC 4-10-11-2.1(b). Each member ofthe board is entitled to reimbursement for traveling expenses andother expenses actually incurred in connection with the member'sduties as provided in the state policies and procedures established bythe Indiana department of administration and approved by the budgetagency.
As added by P.L.145-2003, SEC.7.
IC 25-20.2-3-8
Board duties and powers
Sec. 8. The board shall: (1) administer and enforce this article;
(2) adopt rules under IC 4-22-2 that are reasonably necessary orappropriate for the administration and enforcement of thisarticle;
(3) prescribe the requirements for and the form of licenses,applications, and other documents that are required by thisarticle;
(4) grant, deny, suspend, and revoke approval of examinationsand courses of study;
(5) issue, deny, suspend, and revoke licenses in accordance withthis article;
(6) in accordance with IC 25-1-7, investigate complaintsconcerning licensees or persons the board has reason to believeshould be licensees, including complaints concerning failure tocomply with this article or rules adopted under this article, and,when appropriate, take action under IC 25-20.2-8;
(7) bring actions in the name of the state in an appropriatecircuit court in order to enforce compliance with this article orrules adopted under this article;
(8) establish fees in accordance with IC 25-1-8;
(9) inspect the records of a licensee in accordance with rulesadopted by the board;
(10) conduct or designate a member or other representative toconduct public hearings on any matter for which a hearing isrequired under this article and exercise all powers granted underIC 4-21.5;
(11) adopt a seal containing the words "Indiana HomeInspectors Licensing Board" and, through the board's secretary,certify copies and authenticate all acts of the board;
(12) in accordance with IC 25-1-6:
(A) use counsel, consultants, and other persons;
(B) enter into contracts; and
(C) authorize expenditures;
that are reasonably necessary or appropriate to administer andenforce this article and rules adopted under this article;
(13) establish continuing education requirements for licensedhome inspectors in accordance with IC 25-1-4;
(14) maintain the board's office, files, records, and property inthe city of Indianapolis; and
(15) exercise all other powers specifically conferred on theboard by this article.
As added by P.L.145-2003, SEC.7.
IC 25-20.2-3-9
Board's duty to adopt rules
Sec. 9. The board shall adopt rules under IC 4-22-2 establishing:
(1) standards for the competent performance of homeinspections;
(2) a code of ethics for licensed home inspectors; and
(3) standards for home inspection reports prepared by licensed
home inspectors.
As added by P.L.145-2003, SEC.7.