TITLE 305 INDIANA BOARD OF LICENSURE FOR PROFESSIONAL GEOLOGISTS
Emergency Rule
LSA Document #18-507(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. NOTE: IC 4-22-2-37.1 establishes the effectiveness of an emergency rule upon filing with the Publisher. This document was filed with the Publisher November 13, 2018.
SECTION 1. This document implements IC 25-1-1.1-6 regarding disqualifying criminal history for licensure by the Indiana board of licensure for professional geologists, and includes in SECTION 4 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 document and IC 25-1-1.1-6 do not limit the authority of the board to issue a license 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:
(1) Crimes involving sexual acts that can be considered without respect to age of conviction:
(C) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
(2) Crimes of violence that can be considered without respect to age of conviction:
(C) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony (IC 35-43-2-1).
(F) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
(J) Operating a vehicle while intoxicated causing death (IC 9-30-5-5).
(K) Operating a vehicle while intoxicated causing serious bodily injury to another person (IC 9-30-5-4).
(O) Robbery as a Level 2 felony or a Level 3 felony (IC 35-42-5-1).
(P) 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).
(Q) Unlawful possession of a firearm by a serious violent felon (IC 35-47-4-5).
(3) Possession of cocaine or a narcotic drug (IC 35-48-4-6).
(6) Fraudulently obtaining a controlled substance (IC 35-48-4-7(c)).
(7) 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) (IC 35-48-4-8.1(b)).
(8) 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) (IC 35-48-4-8.5(b)).
(9) 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) (IC 35-48-4-8.3(b) (before its amendment on July 1, 2015)).
(10) 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) (IC 35-48-4-11).
(11) Possession of a synthetic drug or synthetic drug lookalike substance as a:
(A) Class D felony for a crime committed before July 1, 2014, under:
(B) Level 6 felony for a crime committed after June 30, 2014, under IC 35-48-4-11.5.
(12) Maintaining a common nuisance (IC 35-48-4-13 (repealed) or IC 35-45-1-5), if the common nuisance involves a controlled substance.
(13) An offense relating to registration, labeling, and prescription forms (IC 35-48-4-14).
(14) A sex crime under IC 35-42-4 in addition to those listed in SECTION 4(1) and (2) of this rule [subdivisions (1) and (2)], only excepting making an unlawful proposition (IC 35-45-4-3) and prostitution (IC 35-45-4-2). Making an unlawful proposition (IC 35-45-4-3) and prostitution (IC 35-45-4-2) are not disqualifying crimes.
(15) Dealing in a controlled substance resulting in death (IC 35-42-1-1.5).
(16) Dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1).
(19) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).
(20) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
(21) Dealing in a schedule V controlled substance (IC 35-48-4-4).
(22) Dealing in a substance represented to be a controlled substance (IC 35-48-4-4.5).
(23) 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).
(25) Dealing in marijuana, hash oil, hashish, or salvia as a felony (IC 35-48-4-10).
(26) Dealing in a synthetic drug or synthetic drug lookalike substance (IC 35-48-4-10.5 (or IC 35-48-4-10(b) before its amendment in 2013)).
(28) Conspiracy under IC 35-41-5-2 to commit an offense listed in this SECTION.
(29) Attempt under IC 35-41-5-1 to commit an offense listed in this SECTION.
(30) A violation of any federal or state drug law or rule related to wholesale legend drug distributors licensed (IC 25-26-14).
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 license 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. NOTE: IC 4-22-2-37.1 establishes the effectiveness of an emergency rule upon filing with the Publisher. This document was filed with the Publisher November 13, 2018.
Filed with Publisher: November 13, 2018, 8:21 a.m.
Posted: 11/14/2018 by Legislative Services Agency
DIN: 20181114-IR-305180507ERA
Composed: Apr 29,2024 8:58:51PM EDT
A PDF version of this document.
|
