TITLE 879 MANUFACTURED HOME INSTALLER LICENSING BOARD
Emergency Rule
LSA Document #19-58(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 January 30, 2019.
SECTION 1. This document implements IC 25-1-1.1-6 regarding disqualifying criminal history for licensure by the manufactured home installer 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 manufactured home installer licensing 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:
(5) Battery, neglect, or exploitation of endangered adult or person with mental or physical disability, as set forth in IC 35-46-1-13.
(6) Burglary as a Level 2 or 3 felony, as set forth in IC 35-43-2-1.
(11) Child exploitation, possession of child pornography, as set forth in IC 35-42-4-4(b)(1).
(15) Corrupt business influence, as set forth in IC 35-45-6-2.
(18) Criminal deviate conduct, as formerly set forth in IC 35-42-4-2, now repealed.
(19) Criminal mischief, institution criminal mischief, or controlled substances criminal mischief, as set forth in IC 35-43-1-2.
(22) Dealing in a controlled substance by a practitioner, as set forth in IC 35-48-4-1.5.
(23) Dealing in a counterfeit substance, as set forth in IC 35-48-4-5.
(24) Dealing in a schedule I, II, or III controlled substance, as set forth in IC 35-48-4-2.
(25) Dealing in a schedule IV controlled substance, as set forth in IC 35-48-4-3.
(26) Dealing in a schedule V controlled substance, as set forth in IC 35-48-4-4.
(27) Dealing in a substance represented to be a controlled substance, as set forth in IC 35-48-4-4.5.
(28) Dealing in a synthetic drug or synthetic drug lookalike substance, as set forth in IC 35-48-4-10.5.
(29) Dealing in cocaine or narcotic drug, as set forth in IC 35-48-4-1.
(30) Dealing in marijuana, hash oil, hashish, or salvia, as set forth in IC 35-48-4-10.
(34) Dumping controlled substance waste, as set forth in IC 35-48-4-4.1.
(35) Enhanced offenses of home improvement fraud, as set forth in IC 35-43-6-13.
(36) Enticing or taking a patient away or aiding a patient to escape from the custody of an administrator or superintendent, as set forth in IC 12-24-17-7.
(37) Exploitation of dependent or endangered adult, financial exploitation of endangered adult, as set forth in IC 35-46-1-12.
(43) Firearm, explosive, or deadly weapon; possession in commercial or chartered aircraft, as set forth in IC 35-47-6-1.
(44) Fraud on financial institutions, as set forth in IC 35-43-5-8.
(48) Impersonation of a public servant, as set forth in IC 35-44.1-2-6.
(49) Inappropriate communication with a child, as set forth in IC 35-42-4-13.
(54) Insurance fraud, insurance application fraud, as set forth in IC 35-43-5-4.5.
(55) Intentional signing of false document, as set forth in IC 23-0.5-2-9.
(56) Interfering with drug or alcohol screening test, as set forth in IC 35-43-5-19.
(59) Making a false sales document, as set forth in IC 35-43-5-16.
(65) Neglect of a dependent, child selling, as set forth in IC 35-46-1-4.
(66) Neglect, abuse, or maltreatment of a patient in a state institution, as set forth in IC 12-24-17-3.
(68) Notary fraud, notarial fraud, as set forth in IC 35-43-5-23.
(69) Offenses relating to registration labeling and prescription forms, as set forth in IC 35-48-4-14.
(70) Operating a vehicle while intoxicated causing death, as set forth in IC 9-30-5-5.
(71) Operating a vehicle while intoxicated causing serious bodily injury, as set forth in IC 9-30-5-4.
(73) Pharmacy or NPLEx retailer; sale of ephedrine or pseudoephedrine; maximum purchase amounts; record keeping and electronic transmission of sales to NPLEx, as set forth in IC 35-48-4-14.7.
(74) Possession of device or substance to interfere with drug or alcohol screening test, as set forth in IC 35-43-5-18.
(75) Possession of fraudulent sales document manufacturing device, as set forth in IC 35-43-5-15.
(77) Promotion of human trafficking, sexual trafficking of a minor, human trafficking, as set forth in IC 35-42-4-4 [sic, IC 35-42-3.5].
(79) Reporting or documenting battery, neglect, or exploitation, as set forth in IC 35-46-1-14.
(81) Resisting law enforcement as a felony, as set forth in IC 35-44.1-3-1.
(82) Robbery as a Level 2 or 3 felony, as set forth in IC 35-42-5-1.
(84) Sex offender Internet offense, as set forth in IC 35-42-4-12.
(85) Sex offender residency restrictions, as set forth in IC 35-42-4-11.
(86) Sex offender unmanned aerial vehicle offense, as set forth in IC 35-42-4-12.5.
(89) Sexual misconduct with a minor, as set forth in IC 35-42-4-9(a).
(91) Synthetic drug or synthetic drug lookalike substance, as set forth in IC 35-48-4-11.5.
(93) Tampering with a water supply, poisoning, as set forth in IC 35-43-1-5.
(98) Unauthorized adoption advertising, as set forth in IC 35-46-1-21.
(99) Unauthorized adoption facilitation, as set forth in IC 35-46-1-22.
(100) Unlawful employment near children, as set forth in IC 35-42-4-10.
(101) Unlawful entry of school property by a serious sex offender, as set forth in IC 35-42-4-14.
(102) Unlawful manufacture, distribution, or possession of counterfeit substance, as set forth in IC 35-48-4-4.6.
(103) Unlawful possession of a card skimming device, as set forth in IC 35-43-5-4.3.
(104) Unlawful possession of a firearm by a serious violent felon, as set forth in IC 35-47-4-5.
(105) Unlawful sale or possession of a transaction manipulation device, as set forth in IC 35-43-5-4.6.
(107) Vicarious sexual gratification, sexual conduct in presence of a minor, as set forth in IC 35-42-4-5(a) and IC 35-42-4-5(b).
(108) Violation of 25-28.5-1 (unauthorized practice of plumbing) under IC 25-28.5-1-31.
(170) Worker's compensation fraud, as set forth in IC 35-43-5-21.
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 January 30, 2019.
Filed with Publisher: January 30, 2019, 1:54 p.m.
Posted: 02/06/2019 by Legislative Services Agency
DIN: 20190206-IR-879190058ERA
Composed: Apr 28,2024 3:19:09PM EDT
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