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TITLE 878 HOME INSPECTORS LICENSING BOARD Proposed Rule LSA Document #23-42 DIGEST Adds 878 IAC 1-6 concerning convictions of concern and related provisions, implementing IC 25-1-1.1-6. Effective 30 days after filing with the Publisher. IC 4-22-2.1-5 Statement Concerning Rules Affecting Small Businesses 878 IAC 1-6 SECTION 1. 878 IAC 1-6 IS ADDED TO READ AS FOLLOWS: Rule 6. Convictions of Concern 878 IAC 1-6-1 Scope Authority: IC 25-1-1.1-6; IC 25-20.2-3-8 Affected: IC 25-1-1.1-6 Sec. 1. This rule implements IC 25-1-1.1-6 regarding convictions of concern, which may disqualify an individual for licensure and includes in section 4 of this rule an explicit list of crimes that may disqualify an individual from receiving a license. (Home Inspectors Licensing Board; 878 IAC 1-6-1) 878 IAC 1-6-2 Issuance of license Authority: IC 25-1-1.1-6; IC 25-20.2-3-8 Affected: IC 25-1-1.1-6 Sec. 2. An applicant for licensure who has a conviction of concern may still be granted a license based on the criteria stated in IC 25-1-1.1-6(h). (Home Inspectors Licensing Board; 878 IAC 1-6-2) 878 IAC 1-6-3 Authority to issue license on probation Authority: IC 25-1-1.1-6; IC 25-20.2-3-8 Affected: IC 25-1-1.1-6; IC 25-1-11-19 Sec. 3. This rule and IC 25-1-1.1-6 do not limit the authority of a board or committee to issue a license on probation if appropriate under IC 25-1-11-19 or any other applicable statute. (Home Inspectors Licensing Board; 878 IAC 1-6-3) 878 IAC 1-6-4 Convictions of concern Authority: IC 25-1-1.1-6; IC 25-20.2-3-8 Affected: IC 25-1-1.1-6; IC 35-42-1-1; IC 35-42-1-3; IC 35-42-4-1; IC 35-42-4-3 Sec. 4. The following are convictions of concern: (1) Rape (IC 35-42-4-1). (2) Child molesting (IC 35-42-4-3). (3) Murder (IC 35-42-1-1). (4) Voluntary manslaughter (IC 35-42-1-3). (Home Inspectors Licensing Board; 878 IAC 1-6-4) 878 IAC 1-6-5 Convictions in another jurisdiction Authority: IC 25-1-1.1-6; IC 25-20.2-3-8 Affected: IC 25-1-1.1-6 Sec. 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 rule shall also be a crime that may disqualify an individual from receiving a license and therefore included on the list. (Home Inspectors Licensing Board; 878 IAC 1-6-5) 878 IAC 1-6-6 Prelicensure determinations; fee Authority: IC 25-1-1.1-6; IC 25-20.2-3-8 Affected: IC 25-1-1.1-6 Sec. 6. The fee for a petition under IC 25-1-1.1-6(g) for a determination as to whether an individual's misdemeanor or felony conviction may disqualify the individual from receiving a license or certification is twenty-five dollars ($25). (Home Inspectors Licensing Board; 878 IAC 1-6-6) Notice of Public Hearing Posted: 05/31/2023 by Legislative Services Agency DIN: 20230531-IR-878230042PRA Composed: May 18,2024 8:21:17AM EDT A PDF version of this document.