TITLE 812 INDIANA AUCTIONEER COMMISSION
Final Rule
LSA Document #23-46
DIGEST
Adds 812 IAC 1-2, concerning convictions of concern and related provisions, implementing IC 25-1-1.1-6. Effective 30 days after filing with the publisher.
Rule 2. Convictions of Concern
Authority: IC 25-1-1.1-6; IC 25-6.1-2-5
Sec. 1. This rule implements IC 25-1-1.1-6 regarding convictions of concern that may disqualify an individual for licensure by the Indiana auctioneer commission, and includes in section 4 of this rule an explicit list of crimes that may disqualify an individual from receiving a license under IC 25-6.1.
(Indiana Auctioneer Commission; 812 IAC 1-2-1; filed Aug 29, 2023, 9:26 a.m.: 20230927-IR-812230046FRA)
Authority: IC 25-1-1.1-6; IC 25-6.1-2-5
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).
(Indiana Auctioneer Commission; 812 IAC 1-2-2; filed Aug 29, 2023, 9:26 a.m.: 20230927-IR-812230046FRA)
812 IAC 1-2-3 Authority to issue license on probation
Authority: IC 25-1-1.1-6; IC 25-6.1-2-5
Sec. 3. This rule and IC 25-1-1.1-6 do not limit the authority of the Indiana auctioneer commission to issue a license on probation if appropriate under IC 25-1-11-19 or any other applicable statute.
(Indiana Auctioneer Commission; 812 IAC 1-2-3; filed Aug 29, 2023, 9:26 a.m.: 20230927-IR-812230046FRA)
Authority: IC 25-1-1.1-6; IC 25-6.1-2-5
Sec. 4. The following are convictions of concern that may disqualify an applicant from licensure:
(1) Crimes involving sexual acts that can be considered without respect to age of conviction as follows:
(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 as follows:
(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. Penalties; death or catastrophic injury; death of a law enforcement animal (IC 9-30-5-5).
(K) Operating a vehicle while intoxicated. Classification of offense; serious bodily injury (IC 9-30-5-4).
(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 firearm by serious violent felon (IC 35-47-4-5).
(7) Attempt under IC 35-41-5-1 to commit an offense listed in this section.
(8) Attempting to purchase handgun by ineligible person (IC 35-47-2.5-15) (before its repeal).
(15) Carrying a handgun without being licensed; exceptions; person convicted of domestic battery (IC 35-47-2-1).
(18) Child exploitation; possession of child pornography; exemptions; defenses (IC 35-42-4-4).
(21) Computer trespass; computer hoarding programs (IC 35-43-2-3).
(22) Conspiracy under IC 35-41-5-2 to commit an offense listed in this section.
(23) Contributing to the delinquency of a minor (IC 35-46-1-8).
(25) Counterfeiting; false or fraudulent sales receipts; forgery; application fraud (IC 35-43-5-2).
(28) Criminal recklessness; element of hazing; liability barred for good faith report or judicial participation (IC 35-42-2-2).
(31) Criminal trespass; denial of entry; denial by posting with purple marks; permission to enter; exceptions (IC 35-43-2-2).
(35) Dealing in a controlled substance by a practitioner (IC 35-48-4-1.5).
(36) Dealing in a controlled substance resulting in death (IC 35-42-1-1.5).
(38) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).
(39) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
(40) Dealing in a schedule V controlled substance (IC 35-48-4-4).
(41) Dealing in a substance represented to be a controlled substance (IC 35-48-4-4.5) (before its repeal).
(42) Dealing in a synthetic drug or synthetic drug lookalike substance (IC 35-48-4-10.5) (before its repeal).
(44) Dealing in marijuana, hash oil, hashish, or salvia (IC 35-48-4-10).
(48) Disrupting operation of aircraft; Class B felony (IC 35-47-6-1.6).
(49) Dissemination of matter or conducting performance harmful to minors (IC 35-49-3-3).
(50) Distribution of regulated explosives to persons convicted of felony (IC 35-47.5-5-4).
(53) Duties of driver of motor vehicle involved in accident; sentencing (IC 9-26-1-1.1).
(54) Evasion of tax; offenses; prosecution (IC 6-3-6-11).
(55) Exploitation of dependent or endangered adult; financial exploitation of endangered adult; violation classification (IC 35-46-1-12).
(58) Firearm, explosive, or deadly weapon; possession in commercial or chartered aircraft (IC 35-47-6-1).
(60) Fraud on financial institutions (IC 35-43-5-8) (before its repeal).
(72) Nitrous oxide distribution; nonmedical purposes (IC 35-46-6-3).
(76) Offenses relating to registration labeling and prescription forms (IC 35-48-4-14).
(77) Operating a vehicle while intoxicated (IC 9-30-5).
(78) Participation in criminal organization; offense (IC 35-45-9-3).
(79) Possession of a controlled substance or controlled substance analog; obtaining a schedule V controlled substance (IC 35-48-4-7).
(82) Possession of marijuana, hash oil, hashish, or salvia (IC 35-48-4-11).
(90) Public intoxication prohibited; failure to enforce by a law enforcement officer (IC 7.1-5-1-3).
(91) Purchase or possession of animals for fighting contests (IC 35-46-3-8).
(94) Sale, distribution, or exhibition of obscene matter (IC 35-49-3-1).
(95) Sale to minors prohibited; furnishing property for the purpose of enabling minors to consume alcohol prohibited (IC 7.1-5-7-8).
(100) Sexually violent predator; duty to notify (IC 11-8-8-18).
(102) Stun guns; purchase, possession, and sale; use in commission of crime; use on law enforcement officer (IC 35-47-8-5).
(103) Synthetic drug or synthetic drug lookalike substance (IC 35-48-4-11.5) (before its repeal).
(104) Tampering with a water supply; poisoning (IC 35-43-1-5).
(109) Unlawful entry of school property by a serious sex offender (IC 35-42-4-14).
(110) Unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors (IC 35-48-4-4.6).
(111) Unlawful possession of a firearm by a domestic batterer (IC 35-47-4-6).
(112) Unlawful possession of a firearm by a serious violent felon (IC 35-47-4-5).
(113) Unlawful purchase of a handgun (IC 35-47-2.5-14) (before its repeal).
(115) Vicarious sexual gratification; sexual conduct in presence of a minor (IC 35-42-4-5).
(120) Violation of any state drug law related to wholesale legend drug distribution (IC 25-26-14).
(121) Violation of Indiana Legend Drug Act (IC 16-42-19).
(122) Visiting a common nuisance; maintaining a common nuisance (IC 35-45-1-5).
(123) Voyeurism; public voyeurism; aerial voyeurism (IC 35-45-4-5).
(125) Worker's compensation fraud (IC 35-43-5-21) (before its repeal).
(Indiana Auctioneer Commission; 812 IAC 1-2-4; filed Aug 29, 2023, 9:26 a.m.: 20230927-IR-812230046FRA)
812 IAC 1-2-5 Convictions of concern in another jurisdiction
Authority: IC 25-1-1.1-6; IC 25-6.1-2-5
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.
(Indiana Auctioneer Commission; 812 IAC 1-2-5; filed Aug 29, 2023, 9:26 a.m.: 20230927-IR-812230046FRA)
812 IAC 1-2-6 Prelicensure determinations; fee
Authority: IC 25-1-1.1-6; IC 25-6.1-2-5
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).
(Indiana Auctioneer Commission; 812 IAC 1-2-6; filed Aug 29, 2023, 9:26 a.m.: 20230927-IR-812230046FRA)
Hearing Held: August 1, 2023
Approved by Attorney General: August 24, 2023
Approved by Governor: August 25, 2023
Filed with Publisher: August 29, 2023, 9:26 a.m.
Documents Incorporated by Reference: None Received by Publisher
Small Business Regulatory Coordinator: Elizabeth Walker, Indiana Professional Licensing Agency, Indiana Government Center South, 402 West Washington Street, Room W072, Indianapolis, IN 46204, (317) 234-2912, elwalker@pla.in.gov
Posted: 09/27/2023 by Legislative Services Agency
DIN: 20230927-IR-812230046FRA
Composed: May 17,2024 7:02:59AM EDT
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