CHAPTER 11. LIBRARY CERTIFICATION BOARD
IC 36-12-11
Chapter 11. Library Certification Board
IC 36-12-11-1
Application of chapter
Sec. 1. This chapter applies to both Class 1 and Class 2 libraries.
As added by P.L.1-2005, SEC.49.
IC 36-12-11-2
"Board"
Sec. 2. As used in this chapter, "board" refers to the Indianalibrary and historical board established by IC 4-23-7-2.
As added by P.L.1-2005, SEC.49.
IC 36-12-11-3
"Director"
Sec. 3. As used in this chapter, "director" refers to the director ofthe Indiana state library appointed under IC 4-23-7.1-37.
As added by P.L.1-2005, SEC.49.
IC 36-12-11-4
"Practitioner"
Sec. 4. As used in this chapter, "practitioner" means an individualcertified under this chapter.
As added by P.L.1-2005, SEC.49.
IC 36-12-11-5
Powers and duties of board
Sec. 5. The board shall do the following:
(1) Prescribe and define grades of public library service andprescribe the qualifications that individuals must possess whoare employed in each of the grades of public library service,giving due consideration to the population served and theincome and salary schedule of each library.
(2) Make available the requirements for certification of allgrades upon request and without charge to all prospectiveapplicants.
(3) Issue certificates to candidates who apply for certificatesand who, by reason of their academic or technical training andexperience, are found to be suitable individuals to certify.
(4) Prescribe and define the qualifications of a library director,a head of a department or branch, or a professional assistant ofa public library.
(5) Adopt rules under IC 4-22-2 that the board determines arenecessary to administer this chapter.
As added by P.L.1-2005, SEC.49.
IC 36-12-11-6
Certification requirements
Sec. 6. All library directors, library department or branch heads,
and professional assistants, except those who are employed at schoollibraries or libraries of educational institutions, must hold acertificate under section 7 of this chapter.
As added by P.L.1-2005, SEC.49.
IC 36-12-11-7
Public library service; application for certification
Sec. 7. (a) An individual who:
(1) desires to be certified as a librarian in a designated division,grade, or type of public library service; and
(2) possesses the qualifications prescribed in the rules of theboard as essential to enable an individual to apply for acertificate;
may apply to the board for a certificate in any grade or grades ofpublic library service.
(b) The application must be:
(1) made on a form prescribed and supplied by the board; and
(2) accompanied by the fee set by the board under section 11 ofthis chapter.
(c) If the application is found to be satisfactory, the applicant isentitled to a certificate in the grade or grades of public library servicefor which the applicant applied.
As added by P.L.1-2005, SEC.49.
IC 36-12-11-8
Private or school library service; application for certification
Sec. 8. (a) An individual who is actively engaged or expects toengage actively in:
(1) a grade or class of private library service; or
(2) the library service of a school or another educationalinstitution;
whether the individual is or expects to be a library director, or thehead of a department or branch of a private library or of the libraryof a school or an educational institution, may apply for a certificateof a grade or class.
(b) If an individual is found to be competent and qualified, theindividual shall be granted the certificate applied for in the samemanner and subject to the same conditions as are provided for thecertification of librarians in public libraries under section 7 of thischapter.
As added by P.L.1-2005, SEC.49.
IC 36-12-11-9
Reciprocity with other states
Sec. 9. To prevent unjust and arbitrary exclusions by other statesof certified librarians who have complied with the requirements ofIndiana law, the board may adopt rules necessary for the reciprocalrecognition of certificates for librarians issued by other states whosequalifications for library service are at least as high as thequalifications in Indiana. To effect this section, the board shall
consider the recommendations of the American Library Association.
As added by P.L.1-2005, SEC.49.
IC 36-12-11-10
Library certification account
Sec. 10. All fees collected under this chapter constitute a separateaccount of the state general fund, known as the library certificationaccount, which shall be used to defray expenses incurred in theadministration of this chapter. The balance in this account at the endof any fiscal year does not revert to the state general fund but iscarried forward and available for the succeeding fiscal year.
As added by P.L.1-2005, SEC.49.
IC 36-12-11-11
Fees
Sec. 11. (a) The board shall adopt rules under IC 4-22-2 to set feesto be paid by an individual who applies for certification undersection 7 of this chapter. If the board has not set a fee by rule for aparticular type of application, the fee is one dollar ($1).
(b) Payment of fees set under this section may be made by any ofthe following:
(1) Cash.
(2) A draft.
(3) A money order.
(4) A cashier's check.
(5) A certified check.
(6) A personal check.
If an individual pays a fee with an uncertified personal check and thecheck does not clear the bank, the board may void the certificate forwhich the check was received.
(c) Unless specified by the rules of the board, a fee is notrefundable or transferable.
(d) Fees shall be paid to the library certification accountestablished under section 10 of this chapter.
As added by P.L.1-2005, SEC.49.
IC 36-12-11-12
Attorney general; receipt, investigation, and prosecution ofcomplaints
Sec. 12. The office of the attorney general, under the conditionsspecified in this chapter, may receive, investigate, and prosecutecomplaints concerning a practitioner.
As added by P.L.1-2005, SEC.49.
IC 36-12-11-13
Director; investigation of complaints
Sec. 13. The director is responsible for investigation ofcomplaints concerning a practitioner.
As added by P.L.1-2005, SEC.49.
IC 36-12-11-14
Complaints; form; filing
Sec. 14. All complaints concerning a practitioner must be written,signed by the complainant, and initially filed with the director.Except for an employee of the attorney general's office acting in anofficial capacity, a complaint may be filed by any individual,including a member of the board.
As added by P.L.1-2005, SEC.49.
IC 36-12-11-15
Director; duties and powers
Sec. 15. The director has the following duties and powers:
(1) The director shall make an initial determination as to themerit of a complaint. The director shall submit a copy of acomplaint having merit to the board. Except as otherwiseprovided by this chapter, the board acquires jurisdiction overthe complaint upon submission of the complaint to the board bythe director.
(2) The director shall notify the practitioner of the nature andramifications of the complaint and of the duty of the board toattempt to resolve the complaint through negotiation.
(3) The director shall report any pertinent information regardingthe status of the complaint to the complainant.
(4) The director may investigate any written complaint againsta practitioner. The director shall limit the investigation to areasthat appear to be in violation of this chapter or rules adoptedunder this chapter.
(5) The director may:
(A) subpoena witnesses; or
(B) send for and compel the production of books, records,papers, and documents;
in relation to an investigation under this chapter. The circuit orsuperior court located in the county where a subpoena is to beissued shall enforce the subpoena.
As added by P.L.1-2005, SEC.49.
IC 36-12-11-16
Notification of complaint; prohibition of investigation or action bydirector; extension period
Sec. 16. For thirty (30) days after the director has notified theboard and the practitioner that a complaint has been filed, thedirector shall not conduct an investigation or take any action, unlessrequested by the board. If, during the thirty (30) days, the boardrequests an extension of the thirty (30) day period, the director shallextend the period for not more than twenty (20) days.
As added by P.L.1-2005, SEC.49.
IC 36-12-11-17
Statement identifying resolution of complaint; no further action bydirector Sec. 17. If before the director files a report with the attorneygeneral under section 19 of this chapter, the director receives astatement:
(1) signed by the practitioner and the complainant; and
(2) stating that the complaint has been resolved;
the director may not take further action.
As added by P.L.1-2005, SEC.49.
IC 36-12-11-18
Notification by board to director of intention not to proceed; powerof director
Sec. 18. If at any time during the thirty (30) day period or anextension period described in section 16 of this chapter the boardnotifies the director of the board's intention not to proceed further toresolve the complaint, the director may proceed immediately tocontinue to pursue the complaint under this chapter.
As added by P.L.1-2005, SEC.49.
IC 36-12-11-19
Disciplinary sanctions; report; prosecution
Sec. 19. If there has not been a statement filed under section 17 ofthis chapter, and if after conducting an investigation the directorbelieves the practitioner should be subject to disciplinary sanctionsby the board, the director shall file a report with the attorney general.Upon receiving the director's report, the attorney general mayprosecute the matter before the board on behalf of the state.
As added by P.L.1-2005, SEC.49.
IC 36-12-11-20
Attorney general; prosecution
Sec. 20. Notwithstanding section 19 of this chapter, if the boardrequests, the attorney general shall prosecute the matter before theboard on behalf of the state.
As added by P.L.1-2005, SEC.49.
IC 36-12-11-21
Disciplinary proceedings; ultimate authority
Sec. 21. (a) IC 4-21.5 applies to proceedings to discipline apractitioner under this chapter.
(b) The board is the ultimate authority under IC 4-21.5.
As added by P.L.1-2005, SEC.49.
IC 36-12-11-22
Confidentiality of complaint; disclosure of information
Sec. 22. (a) A complaint and information pertaining to thecomplaint are confidential until the attorney general files notice withthe board of intent to prosecute the practitioner.
(b) Unless required to do so under law or in furtherance of aninvestigation, an individual employed by the office of the attorneygeneral, the board, or the director may not disclose or further the
disclosure of information concerning a complaint.
As added by P.L.1-2005, SEC.49.
IC 36-12-11-23
Disciplinary actions; conditions
Sec. 23. A practitioner may be disciplined under section 26 of thischapter if after a hearing the board finds any of the following:
(1) The practitioner has:
(A) employed or knowingly cooperated in fraud or materialdeception in order to obtain a certificate issued under thischapter;
(B) engaged in fraud or material deception in the course ofprofessional services or activities; or
(C) advertised services in a false or misleading manner.
(2) The practitioner has been convicted of a crime that has adirect bearing on the practitioner's ability to practicecompetently.
(3) The practitioner has knowingly violated a rule adopted bythe board.
(4) The practitioner has continued to practice although thepractitioner has become unfit 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 or severe dependency upon alcohol or otherdrugs that endangers the public by impairing a practitioner'sability to practice safely.
(5) The practitioner has engaged in a course of lewd or immoralconduct in connection with the practitioner's practice.
As added by P.L.1-2005, SEC.49.
IC 36-12-11-24
Physical and mental examination
Sec. 24. The board may order a practitioner to submit to areasonable physical or mental examination if the practitioner'sphysical or mental capacity to practice safely is at issue in adisciplinary proceeding.
As added by P.L.1-2005, SEC.49.
IC 36-12-11-25
Failure to comply with order to submit to physical or mentalexamination; suspension
Sec. 25. Failure of a practitioner to comply with a board order tosubmit to a physical or mental examination renders the practitionerliable to the summary suspension procedures under section 27 of thischapter.
As added by P.L.1-2005, SEC.49.
IC 36-12-11-26 Sanctions
Sec. 26. The board may impose any of the following sanctions,singly or in combination, if the board finds a practitioner hascommitted an offense under section 23 of this chapter:
(1) Permanently revoke the practitioner's certificate.
(2) Suspend the practitioner's certificate.
(3) Censure the practitioner.
(4) Issue a letter of reprimand.
(5) Place the practitioner on probation status and require thepractitioner to:
(A) report regularly to the board upon the matters that arethe basis of the probation;
(B) limit practice to those areas prescribed by the board; or
(C) continue or renew professional education under apractitioner approved by the board until a satisfactory degreeof skill has been attained in those areas that are the basis ofthe probation.
The board may withdraw the probation if the board finds that thedeficiency that required disciplinary action has been remedied.
As added by P.L.1-2005, SEC.49.
IC 36-12-11-27
Suspension of certificate; renewal
Sec. 27. The board may summarily suspend a practitioner'scertificate for ninety (90) days in advance of final adjudication orduring the appeals process if the board finds that the practitionerrepresents a clear and immediate danger to the public health andsafety if the practitioner is allowed to continue to practice. Thesummary suspension may be renewed upon a hearing before theboard, and each renewal may be for ninety (90) days or less.
As added by P.L.1-2005, SEC.49.
IC 36-12-11-28
Reinstatement of certificate
Sec. 28. The board may reinstate a certificate that has beensuspended under this chapter if after a hearing the board is satisfiedthat the applicant is able to practice with reasonable skill and safety.As a condition of reinstatement, the board may impose disciplinaryor corrective measures authorized under this chapter.
As added by P.L.1-2005, SEC.49.
IC 36-12-11-29
Consistency in application of sanctions; reliance on precedent
Sec. 29. The board shall seek to achieve consistency in theapplication of sanctions authorized in this chapter, and significantdepartures from prior decisions involving similar conduct shall beexplained in the board's findings or orders.
As added by P.L.1-2005, SEC.49.