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TITLE 312 NATURAL RESOURCES COMMISSION

Emergency Rule
LSA Document #18-479(E)

DIGEST

Temporarily supplements 312 IAC 14-3-3 by adding a list of disqualifying crimes and related provisions, implementing IC 25-1-1.1-6. Statutory authority: IC 25-1-1.1-6. Effective November 1, 2018.


SECTION 1. This document implements IC 25-1-1.1-6 regarding disqualifying criminal history for licensing as a timber buyer or timber buyer agent by the Indiana department of natural resources and includes in SECTION 3 of this document an explicit list of crimes that will disqualify an individual from receiving a license.

SECTION 2. An applicant for licensure who has a disqualifying criminal history may still be granted a license based on the criteria stated in IC 25-1-1.1-6(f).

SECTION 3. This SECTION contains the list of disqualifying crimes as follows and is supplemental to 312 IAC 14-3-3:
(1) Arson (IC 35-43-1-1(a)(1)).
(2) Arson as a Level 2, Level 3, or Level 4 felony (IC 35-43-1-1(a)).
(3) Assisting a criminal (IC 35-44.1-2-5).
(4) Attempt under IC 35-41-5-1 to commit an offense listed in this SECTION.
(5) Attempted murder (IC 35-41-5-1).
(6) Attempting to purchase handgun by ineligible person (IC 35-47-2.5-15 [IC 35-47-2.5-15 was repealed by P.L.152-2014, SECTION 5, effective July 1, 2014.]).
(7) Auto theft (IC 35-43-4-2.5(b)(1), IC 35-43-4-2.5(b)(2) [IC 35-43-4-2.5 was repealed by P.L.176-2018, SECTION 7, effective July 1, 2018.]).
(8) Bribery (IC 35-44.1-1-2).
(9) Burglary (IC 35-43-2-1).
(10) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony (IC 35-43-2-1).
(11) Carrying a handgun without a license (IC 35-47-2-1).
(12) Causing death when operating a motor vehicle with an ACE of .08 (IC 9-30-5-5).
(13) Causing serious bodily injury when operating a motor vehicle (IC 9-30-5-4).
(14) Check deception (IC 35-43-5-5).
(15) Check fraud (IC 35-43-5-12).
(16) Conflict of interest (IC 35-44.1-1-4).
(17) Conspiracy under IC 35-41-5-2 to commit an offense listed in this SECTION.
(18) Conversion (IC 35-43-4-3(a)).
(19) Conversion or misappropriation of title insurance escrow funds (IC 35-43-9-7).
(20) Corrupt business influence (IC 35-45-6-2).
(21) Counterfeiting (35-43-5-2 [IC 35-43-5-2]).
(22) Criminal mischief (IC 35-43-1-2(a)).
(23) Criminal recklessness (IC 35-42-2-2(a)).
(24) Criminal trespass (IC 35-43-2-2(b)(1)).
(25) Deception (IC 35-43-5-3).
(26) Failure to notify by sexually violent predator (IC 11-8-8-18(a)).
(27) Failure to register as a sex offender or violent offender (IC 11-8-8-17(a)(1)).
(28) False identity statement (IC 35-44.1-2-4).
(29) False reporting (IC 35-44.1-2-3).
(30) Fraud (IC 35-43-5-4).
(31) Fraud on a financial institution (IC 35-43-5-8).
(32) Fraudulent or deceitful act in the offer, sale, or purchase of a security (IC 23-19-5-1).
(33) Home improvement fraud (IC 35-43-6-12).
(34) Impersonation of a public servant (IC 35-44.1-2-6).
(35) Insurance fraud (IC 35-43-5-4.5).
(36) Insurance fraud (IC 35-43-5-7.2).
(37) Intimidation (IC 35-45-2-1).
(38) Invasion of privacy (IC 35-46-1-15.1).
(39) Invasion of privacy (IC 35-46-1-15.3).
(40) Investment fraud (IC 23-19-5-2(a)).
(41) Involuntary manslaughter (IC 35-42-1-5).
(42) Kidnapping (IC 35-42-3-2).
(43) Legend drug deception resulting in death (IC 35-43-10-3(1)).
(44) Loan broker fraud (IC 23-2-5-20).
(45) Loansharking (IC 35-45-7-2).
(46) Malicious mischief (IC 35-45-16-2).
(47) Manufacture of paraphernalia as a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) under IC 35-48-4-8.1(b).
(48) Manufacturing (IC 35-48-4-1.5).
(49) Manufacturing methamphetamine (IC 35-48-4-1.1).
(50) Manufacturing methamphetamine under IC 35-48-4-1.2.
(51) Medicaid fraud (IC 35-43-5-7.1).
(52) Money laundering (IC 35-45-15-5).
(53) Murder (IC 35-42-1-1).
(54) Obstruction of justice (IC 35-44.1-2-2).
(55) Official misconduct (IC 35-44.1-1-1).
(56) Operating a loaded machine gun (IC 35-47-5-9).
(57) Operating a vehicle while intoxicated causing death (IC 9-30-5-5).
(58) Operating a vehicle while intoxicated causing serious bodily injury to another person (IC 9-30-5-4).
(59) Operating a vehicle with an ACE (IC 9-30-5-1).
(60) Perjury (IC 35-44.1-2-1).
(61) Person is a registered sex offender (IC 11-8-8-5(a), IC 11-8-8-5(b)).
(62) Pointing a firearm (IC 35-47-4-3).
(63) Possession of a controlled substance (IC 35-48-4-7(a)).
(64) Possession of a destructive device (IC 35-47.5-5-2).
(65) Possession of a destructive device or explosive (IC 35-47.5-5-8).
(66) Possession of a device or substance used to interfere with a drug or alcohol screening test (IC 35-43-5-18).
(67) Possession of a firearm on school property (IC 35-47-9-2).
(68) Possession of a machine gun (IC 35-47-5-8).
(69) Possession of a regulated explosive by a convicted felon (IC 35-47.5-5-4).
(70) Possession of a single precursor (IC 35-48-4-14.5).
(71) Possession of a synthetic drug or synthetic drug lookalike substance as a Class D felony for a crime committed before July 1, 2014, under:
(A) IC 35-48-4-11, before its amendment in 2013; or
(B) IC 35-48-4-11.5; or
(C) Level 6 felony for a crime committed under [sic] June 30, 2014, under IC 35-48-4-11.5.
(72) Possession of animal fighting (IC 35-46-3-8.5).
(73) Possession of child pornography (IC 35-42-4-4(d) or IC 35-42-4-4(e)).
(74) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
(75) Possession of deadly weapon (IC 35-47-6-1).
(76) Possession of marijuana, hash oil, hashish, or salvia as a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) under IC 35-48-4-11.
(77) Possession of methamphetamine under IC 35-48-4-6.1.
(78) Possession of paraphernalia as a Class D felony (for a crime committed before July 1, 2014) or a Level 6 felony (for a crime committed after June 30, 2014) under IC 35-48-4-8.3(b) before its amendment on July 1, 2015.
(79) Possession or sale of adulterant or synthetic urine (IC 35-43-5-19.5).
(80) Profiteering from public service (IC 35-44.1-1-5).
(81) Profiting from an adoption (IC 35-46-1-9).
(82) Promoting an animal fighting contest (IC 35-46-3-9).
(83) Promotion of human labor trafficking (IC 35-42-3.5-1).
(84) Promotion of human sexual trafficking (IC 35-42-3.5-1.1).
(85) Promotion of sexual trafficking of a younger child (IC 35-42-3.5-1.2).
(86) Prostitution (IC 35-45-4-2).
(87) Providing a stun gun to a minor (IC 35-47-8-5).
(88) Providing false information to a governmental entity to obtain a contract (IC 35-43-5-11 [IC 35-43-5-11 was repealed by P.L.158-2013, SECTION 484, effective July 1, 2013.]).
(89) Providing firearm to ineligible person (IC 35-47-2.5-16).
(90) Rape (IC 35-42-4-1).
(91) Reckless homicide (IC 35-42-1-5).
(92) Residential entry (IC 35-43-2-1.5).
(93) Robbery as a Level 2 felony or a Level 3 felony (IC 35-42-5-1).
(94) Theft (IC 35-43-4-2(a)).
(95) Unlawful possession of a firearm by a domestic batterer (IC 35-47-4-6).
(96) Unlawful possession of a firearm by a serious violent felon (IC 35-47-4-5).
(97) Unlawful purchase of a handgun (IC 35-47-2.5-14 [IC 35-47-2.5-14 was repealed by P.L.152-2014, SECTION 4, effective July 1, 2014.]).
(98) Unregistered broker dealer (IC 23-19-4-1).
(99) Violation of IC 25-36.5-1-10 (unauthorized practice of timber buying or timber buying agent) under IC 25-36.5-1-10 and IC 25-36.5-1-15.
(100) Voluntary manslaughter (IC 35-42-1-3).
(101) Voyeurism (IC 35-45-4-5).
(102) Welfare fraud (IC 35-43-5-7).

SECTION 4. A crime in any other jurisdiction for which the elements of the crime for which conviction was entered are substantially similar to the elements of a crime included on the list in SECTION 3 of this document shall also be a crime that will disqualify an individual from receiving a license and therefore included on the list.

SECTION 5. SECTIONS 1 through 4 of this document take effect November 1, 2018.

LSA Document #18-479(E)
Filed with Publisher: November 1, 2018, 3:53 p.m.

Posted: 11/07/2018 by Legislative Services Agency

DIN: 20181107-IR-312180479ERA
Composed: Apr 29,2024 8:44:58PM EDT
A PDF version of this document.