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TITLE 878 HOME INSPECTORS LICENSING BOARD

Emergency Rule
LSA Document #18-520(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 December 5, 2018.


SECTION 1. This document implements IC 25-1-1.1-6 regarding disqualifying criminal history for licensure by the home inspectors licensing board, 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) child molesting, under IC 35-42-4-3;
(2) murder, under IC 35-42-1-1; and
(3) rape, under IC 35-42-4-1;
(4) voluntary manslaughter, under IC 35-42-1-4 [sic, IC 35-42-1-3].

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 December 5, 2018.

LSA Document #18-520(E)
Filed with Publisher: December 5, 2018, 2:59 p.m.

Posted: 12/12/2018 by Legislative Services Agency

DIN: 20181212-IR-878180520ERA
Composed: Apr 28,2024 11:15:21PM EDT
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