TITLE 804 BOARD OF REGISTRATION FOR ARCHITECTS AND LANDSCAPE ARCHITECTS
Emergency Rule
LSA Document #18-445(E)
DIGEST
Temporarily adds 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 registration by the board of registration for architects and landscape architects, and includes in SECTION 4 of this document an explicit list of crimes that will disqualify an individual from receiving a certificate of registration.
SECTION 2. An applicant for registration who has a disqualifying criminal history may still be granted a certificate of registration based on the criteria stated in IC 25-1-1.1-6(f).
SECTION 3. This document and IC 25-1-1.1-6 do not limit the authority of the board to issue a certificate of registration on probation if appropriate under IC 25-1-11-19 or any other applicable statute.
SECTION 4. This SECTION contains the list of disqualifying crimes as follows:
(2) A violation of any federal or state drug law or rule related to wholesale legend drug distributors licensed under IC 25-26-14.
(3) A violation of any federal or state drug law or rule related to wholesale legend drug distributors licensed (IC 25-26-14).
(8) An offense relating to registration, labeling, and prescription forms under IC 35-48-4-14.
(10) Arson as a Level 2, Level 3, or Level 4 felony (IC 35-43-1-1(a)).
(13) Attempt under IC 35-41-5-1 to commit an offense listed in this section.
(14) Attempt under IC 35-41-5-1 to commit an offense listed in this section.
(15) Attempt under IC 35-41-5-1 to commit an offense listed in this subsection.
(17) Attempting to purchase handgun by ineligible person (IC 35-47-2.5-15 [IC 35-47-2.5-15 was repealed by P.L.152-2014, SECTION 5, effective July 1, 2014.]).
(A) Level 2 felony;
(B) Level 3 felony;
(C) Level 4 felony; or
(D) Level 5 felony.
(24) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony (IC 35-43-2-1).
(27) Causing death when operating a motor vehicle with an ACE of .08 (IC 9-30-5-5).
(28) Causing serious bodily injury when operating a motor vehicle (IC 9-30-5-4).
(41) Conspiracy under IC 35-41-5-2 to commit an offense listed in this section.
(42) Conspiracy under IC 35-41-5-2 to commit an offense listed in this section.
(43) Conspiracy under IC 35-41-5-2 to commit an offense listed in this subsection.
(45) Contributing to the delinquency of a minor (IC 35-46-1-8).
(47) Conversion or misappropriation of title insurance escrow funds (IC 35-43-9-7).
(52) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
(63) Dangerous communicable disease carrier-failure to warn (IC 35-45-21-3).
(67) Dealing in a controlled substance resulting in death under IC 35-42-1-1.5.
(71) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).
(72) Dealing in a schedule I, II, or III controlled substance under IC 35-48-4-2.
(73) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
(75) Dealing in a schedule IV controlled substance under IC 35-48-4-3.
(76) Dealing in a schedule V controlled substance (IC 35-48-4-4).
(77) Dealing in a schedule V controlled substance under IC 35-48-4-4.
(78) Dealing in a substance represented to be a controlled substance (IC 35-48-4-4.5).
(79) Dealing in a substance represented to be a controlled substance under IC 35-48-4-4.5.
(80) Dealing in a synthetic drug or synthetic drug lookalike substance under IC 35-48-4-10.5 (or under IC 35-48-4-10(b) before its amendment in 2013).
(83) Dealing in marijuana, hash oil, hashish, or salvia as a felony (IC 35-48-4-10).
(84) Dealing in marijuana, hash oil, hashish, or salvia as a felony under IC 35-48-4-10.
(86) Dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1).
(87) Dealing in 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 35-48-4-8.5(b).
(92) Dissemination of matter harmful to minors (IC 35-49-3-3).
(99) Failure to notify by sexually violent predator (IC 11-8-8-18(a)).
(100) Failure to register as a sex offender or violent offender (IC 11-8-8-17(a)(1)).
(105) Falsely reporting child abuse or neglect (IC 31-33-22-3(a)).
(109) Fraudulent or deceitful act in the offer, sale, or purchase of a security (IC 23-19-5-1).
(110) Fraudulently obtaining a controlled substance under IC 35-48-4-7(c).
(114) Has been convicted of prostitution (IC 35-45-4).
(122) Inappropriate communication with a child (IC 35-42-4-13(c)).
(130) Interference with the reporting of a crime (IC 35-45-2-5).
(131) Interfering with a drug or alcohol screening test (IC 35-43-5-19).
(137) Issuing invalid prescription for legend drugs by a practitioner (IC 16-42-19-20(b)).
(139) Knowingly or intentionally manufacturing, advertising, distributing, or possessing with intent to manufacture, advertise, or distribute a substance represented to be a controlled substance under IC 35-48-4-4.6.
(140) Knowingly or intentionally manufacturing, advertising, distributing, or possessing with intent to manufacture, advertise, or distribute a substance represented to be a controlled substance (IC 35-48-4-4.6).
(143) Legend drug deception resulting in death (IC 35-43-10-3(1)).
(146) Maintaining a common nuisance under IC 35-48-4-13 (repealed) or IC 35-45-1-5, if the common nuisance involves a controlled substance.
(148) 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).
(149) Manufacture, sale, or possession of Chinese throwing stars (IC 35-47-5-12).
(158) Obtaining or attempting to obtain legend drugs by fraud (IC 16-42-19-16(1)(A)).
(160) Offense against intellectual property (IC 35-43-1-7(1)).
(162) Operating a child care home without a license (IC 12-17.2-5-1(a)).
(164) Operating a vehicle while intoxicated (IC 9-30-5-2).
(165) Operating a vehicle while intoxicated causing death (IC 9-30-5-5).
(166) Operating a vehicle while intoxicated causing serious bodily injury to another person (IC 9-30-5-4).
(171) Possession of a controlled substance (IC 35-48-4-7(a)).
(173) Possession of a destructive device or explosive (IC 35-47.5-5-8).
(174) Possession of a device or substance used to interfere with a drug or alcohol screening test (IC 35-43-5-18).
(175) Possession of a firearm on school property (IC 35-47-9-2).
(178) Possession of a regulated explosive by a convicted felon (IC 35-47.5-5-4).
(181) Possession of a synthetic drug or synthetic drug lookalike (IC 35-48-4-11.5).
(182) Possession of a synthetic drug or synthetic drug lookalike substance as a Class D felony for a crime committed before July 1, 2014, under:
(C) Level 6 felony for a crime committed under [sic] June 30, 2014, under IC 35-48-4-11.5.
(185) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
(187) 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.
(189) 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.
(190) Possession or sale of adulterant or synthetic urine (IC 35-43-5-19.5).
(199) 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.]).
(204) Purchasing an animal for use in an animal fighting contest (IC 35-46-3-8).
(208) Refusal to make records of legend drugs available to law enforcement (IC 16-42-19-15).
(209) Requesting or obtaining child abuse or neglect information (IC 31-33-22-2(a)).
(214) Robbery as a Level 2 felony or a Level 3 felony (IC 35-42-5-1).
(215) Selling a drug containing ephedrine, pseudoephedrine or both to a minor (IC 35-48-4-14.7).
(220) Sexual misconduct with a minor as a Level 1 felony under IC 35-42-4-9(a)(2) or a Level 2 felony under IC 35-42-4-9(b)(2).
(231) Unlawful distribution of anabolic steroids by a practitioner (IC 16-42-19-25).
(232) Unlawful documentation of a gift of organs, tissue, eyes, or body parts (IC 35-46-5-4).
(235) Unlawful participation in human cloning (IC 35-46-5-2).
(237) Unlawful possession of a firearm by a domestic batterer (IC 35-47-4-6).
(238) Unlawful possession of a firearm by a serious violent felon (IC 35-47-4-5).
(239) Unlawful possession of a firearm by a serious violent felon (IC 35-47-4-5).
(243) Unlawful possession or use of legend drugs or precursor (IC 16-42-19-13).
(251) Unlawful use of a communications medium (IC 35-45-2-3).
(253) Unlawful use of mechanical device to dispense legend drugs (IC 16-42-19-23).
(257) Use of armor-piercing handgun (IC 35-47-5-11 [IC 35-47-5-11 was repealed by P.L.133-2017, SECTION 2, effective July 1, 2017.]).
SECTION 5. 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 4 of this document shall also be a crime that will disqualify an individual from receiving a certificate of registration and therefore included on the list.
SECTION 6. The fee for a petition under IC 25-1-1.1-6(h) for a determination as to whether the individual's misdemeanor or felony conviction will disqualify the individual from receiving a license or certification shall be twenty-five dollars ($25).
SECTION 7. SECTIONS 1 through 6 of this document take effect November 1, 2018.
Filed with Publisher: November 1, 2018, 8:45 a.m.
Posted: 11/07/2018 by Legislative Services Agency
DIN: 20181107-IR-804180445ERA
Composed: Apr 29,2024 8:38:42PM EDT
A PDF version of this document.
|