CHAPTER 8. DISCIPLINARY PROCEEDINGS; ENFORCEMENT
IC 25-20.2-8
Chapter 8. Disciplinary Proceedings; Enforcement
IC 25-20.2-8-1
Disciplinary actions
Sec. 1. The board may take disciplinary actions against or imposesanctions on a licensee under IC 25-1-11 for any of the following:
(1) Disclosing information concerning the results of a homeinspection without the approval of a client or the client's legalrepresentative, except under a court order.
(2) Accepting compensation for the same service from morethan one (1) party without the consent of all interested parties.
(3) Accepting commissions or allowances, directly or indirectly,from other parties dealing with the licensee's client inconnection with any repair work recommended in the licensee'shome inspection report.
(4) Accepting compensation, directly or indirectly, from thelicensee's client in connection with any repair workrecommended in the licensee's home inspection report.
(5) Failing to disclose to a client information about a businessinterest of the licensee that may affect the client in connectionwith any work for which the licensee is responsible.
(6) Knowingly making a false or misleading representationabout:
(A) the condition of a residential dwelling for which thelicensee has performed or has contracted to perform a homeinspection; or
(B) the extent of the services the licensee has performed orwill perform.
(7) Committing a felony in the course of the practice of homeinspection or committing any act constituting a violation ofIC 25-20.2-5-2(a)(1)(C).
(8) Violating any provisions of this article or rules adopted bythe board under this article.
(9) Making a false or misleading representation:
(A) in a license or renewal application form; or
(B) in information provided to the board.
(10) Failing to pay any fees or fines required by this article.
(11) Failing to continuously maintain the insurance or otherevidence of financial responsibility required by this article.
(12) Communicating to the public false or misleadinginformation about the type of license held by the licensee.
(13) Engaging in a course of lewd or immoral conduct inconnection with the delivery of services to clients.
(14) Failing to complete the continuing education requirementsestablished by the board.
As added by P.L.145-2003, SEC.7.
IC 25-20.2-8-2
Disciplinary hearings Sec. 2. The procedures set forth in IC 4-21.5 govern the board'sconduct of disciplinary hearings.
As added by P.L.145-2003, SEC.7.
IC 25-20.2-8-3
License suspension
Sec. 3. The board may summarily suspend a license for up toninety (90) days before a final adjudication or during an appeal of theboard's determination if the board finds that the licensee wouldrepresent a clear and immediate danger to the public's health, safety,or property if allowed to perform home inspections. The summarysuspension may be renewed upon a hearing before the board for upto ninety (90) days.
As added by P.L.145-2003, SEC.7.
IC 25-20.2-8-4
Show cause order; cease and desist order
Sec. 4. (a) If the board determines that an individual not licensedunder this article is engaged in or believed to be engaged in activitiesfor which a license is required under this article, the board may issuean order to that individual requiring the individual to show causewhy the individual should not be ordered to cease and desist fromsuch activities. The show cause order must set forth a date, time, andplace for a hearing at which the affected individual may appear andshow cause why the individual should not be subject to licensingunder this article.
(b) If the board, after a hearing, determines that the activities inwhich the individual is engaged are subject to licensing under thisarticle, the board may issue a cease and desist order that identifiesthe individual and describes activities that are the subjects of theorder.
(c) A cease and desist order issued under this section isenforceable in circuit courts.
As added by P.L.145-2003, SEC.7.
IC 25-20.2-8-5
Criminal violations; amount of fee or compensation added topenalty; separate violations
Sec. 5. (a) An individual who:
(1) performs or offers to perform home inspections forcompensation without being licensed as a home inspector andwithout being exempt from licensing under law;
(2) presents as the individual's own the license of another;
(3) intentionally gives false or materially misleadinginformation to the board or to a board member in connectionwith licensing matters;
(4) impersonates another licensee;
(5) uses an expired, a suspended, a revoked, or an otherwiserestricted license; or
(6) otherwise violates this article;commits a Class B infraction.
(b) When entering a judgment for an infraction under this section,the court shall add to any penalty imposed the amount of any fee orother compensation earned by the individual in the commission ofthe infraction.
(c) Each transaction involving activities defined by this articleconstitutes a separate violation of this section.
As added by P.L.145-2003, SEC.7.
IC 25-20.2-8-6
Prove compliance in action to collect fee or other compensation
Sec. 6. In all actions for the collection of a fee or othercompensation for performing home inspections, the party seekingrelief must allege and prove that, at the time the cause of actionarose, the party seeking relief was not in violation of section 5 of thischapter.
As added by P.L.145-2003, SEC.7.
IC 25-20.2-8-7
Judicial review
Sec. 7. An individual who applies for a license or a licensee whois aggrieved by an order or a determination of the board is entitled toa judicial review under IC 4-21.5.
As added by P.L.145-2003, SEC.7.
IC 25-20.2-8-8
Board legal adviser
Sec. 8. The attorney general shall act as the legal adviser for theboard and provide any legal assistance necessary to carry out thisarticle.
As added by P.L.145-2003, SEC.7.