August 2, 2010

Honorable Senator R. Michael Young, Chairperson

Administrative Rules Oversight Committee

Indiana Legislative Services Agency

200 West Washington Street, Suite 301

Indianapolis, IN 46204-2789

Attn: Sarah Burkman

RE: LSA Document Number 09-677

Dear Senator Young:

On behalf of the Indiana Real Estate Commission (Commission), I am submitting this letter to the Administrative Rules Oversight Committee in compliance with IC 4-22-2-19 because the agency did not institute the rulemaking process within sixty (60) days after the effective date of the statute that authorizes the rule. Ind. Code § 25-34.1-8-10(e) requires the Real Estate Appraiser Licensure and Certification Board (Board) to recommend to the Commission rules implementing the requirement of applicants for initial licensure as a real estate appraiser to submit fingerprints for a national criminal history background check (as defined in IC 10-13-3-12) by the Federal Bureau of Investigation, for use by the board in determining whether the applicant should be denied licensure or certification under this chapter for any reason. Discussions regarding the adoption of emergency rules began in August 2008, and an emergency rule was final in December 2008.

Because the emergency rule could remain in effect for up to a year, the process for a permanent rule was started the following August. The Board published its Notice of Intent to Adopt a Rule, LSA document number 09-677, on August 26, 2009 (DIN: 20090826-IR-876090677NIA). The rule has been adopted by the Commission and is currently with the Office of Attorney General (OAG) for review. We anticipate the approval of the rule by the OAG this week.

If you need additional information, please feel free to contact me at jeroberts@pla.in.gov or by phone at (317) 234-3046.

Sincerely,

Jeanette Roberts

Director

Indiana Real Estate Commission

Indiana Professional Licensing Agency

Cc: Marty Allain, Chief Counsel, Indiana Professional Licensing Agency

Frances Kelly, Executive Director, Indiana Professional Licensing Agency