TITLE 860 INDIANA PLUMBING COMMISSION
Final Rule
LSA Document #23-50
DIGEST
Adds 860 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.
Rule 6. Convictions of Concern
Authority: 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 from receiving a plumbing contractor license by the Indiana plumbing commission, and includes in section 4 of this rule an explicit list of crimes that may disqualify an individual from receiving a license issued under IC 25-15 [sic, IC 25-28.5]. No crime will disqualify an individual from receiving a journeyman plumber license or plumbing apprentice registration.
(Indiana Plumbing Commission; 860 IAC 1-6-1; filed Sep 20, 2023, 4:16 p.m.: 20231018-IR-860230050FRA)
Authority: 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).
(Indiana Plumbing Commission; 860 IAC 1-6-2; filed Sep 20, 2023, 4:16 p.m.: 20231018-IR-860230050FRA)
860 IAC 1-6-3 Authority to issue license on probation
Authority: IC 25-1-1.1-6
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.
(Indiana Plumbing Commission; 860 IAC 1-6-3; filed Sep 20, 2023, 4:16 p.m.: 20231018-IR-860230050FRA)
Authority: IC 25-1-1.1-6
Sec. 4. The following are convictions of concern:
(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:
(D) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
(K) 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).
(7) Battery, neglect, or exploitation of endangered adult or person with mental or physical disability; failure to report; unlawful disclosures; referrals; retaliation (IC 35-46-1-13).
(8) Carrying a handgun without being licensed; exceptions; person convicted of domestic battery (IC 35-47-2-1).
(12) Child exploitation; possession of child pornography; exemptions; defenses (IC 35-42-4-4).
(16) Contributing to the delinquency of a minor (IC 35-46-1-8).
(19) Counterfeiting; false or fraudulent sales receipts; forgery; application fraud (IC 35-43-5-2).
(24) Criminal use or possession of code grabbing device (IC 35-45-12-2).
(25) Dealing in a controlled substance by a practitioner (IC 35-48-4-1.5).
(26) Dealing in a controlled substance resulting in death (IC 35-42-1-1.5).
(27) Dealing in a schedule I, II, or III controlled substance or controlled substance analog (IC 35-48-4-2).
(28) Dealing in a schedule IV controlled substance or controlled substance analog (IC 35-48-4-3).
(29) Dealing in a schedule V controlled substance or controlled substance analog (IC 35-48-4-4).
(30) Dealing in a synthetic drug or synthetic drug lookalike substance (IC 35-48-4-10.5) (before its repeal).
(32) Dealing in marijuana, hash oil, hashish, or salvia (IC 35-48-4-10).
(37) Destructive device or explosive to kill, injure, or intimidate or to destroy property (IC 35-47.5-5-8).
(39) Disrupting operation of aircraft; Class B felony (IC 35-47-6-1.6).
(40) Distribution of destructive device, explosive, or detonator to a minor (IC 35-47.5-5-5).
(41) Distribution of regulated explosives to persons convicted of felony (IC 35-47.5-5-4).
(42) Exploitation of dependent or endangered adult; financial exploitation of endangered adult; violation classification (IC 35-46-1-12).
(45) False reports; criminal and civil liability; notification of prosecuting attorney (IC 31-33-22-3).
(47) Firearm, explosive, or deadly weapon; possession in commercial or chartered aircraft (IC 35-47-6-1).
(48) Firearm, explosive, or deadly weapon; possession in controlled access areas of an airport (IC 35-47-6-1.3).
(49) Firearms and handguns; giving false information or offering false evidence of identity (IC 35-47-2-17).
(51) Fraud on financial institutions (IC 35-43-5-8) (before its repeal).
(52) Hindering or obstructing detection, disarming, or destruction of destructive device (IC 35-47.5-5-7).
(54) Home improvement fraud; offense (IC 35-43-6-12) (before its repeal).
(62) Insurance fraud; insurance application fraud (IC 35-43-5-4.5) (before its repeal).
(64) Intentional signing of false document; sanctions (IC 23-0.5-2-9).
(66) Interfering with drug or alcohol screening test (IC 35-43-5-19).
(69) Making a false sales document (IC 35-43-5-16) (before its repeal).
(80) Obtaining child abuse information under false pretenses; knowingly falsifying records or interfering with an investigation (IC 31-33-22-2).
(81) Operation of home without proper licensure; prohibition (IC 12-17.2-5-1).
(82) Participation in criminal organization; offense (IC 35-45-9-3).
(83) Possession of a fraudulent sales document manufacturing device (IC 35-43-5-15) (before its repeal).
(84) Possession of device or substance used to interfere with drug or alcohol screening test (IC 35-43-5-18).
(87) "Machine gun"; prohibited sales or transfers of ownership (IC 35-47-2-7).
(89) Promotion of child sexual trafficking; promotion of sexual trafficking of a younger child (IC 35-42-3.5-1.2).
(96) Regulated explosives; persons convicted of felonies; prior unrelated convictions (IC 35-47.5-5-3).
(102) Sexually violent predator; duty to notify (IC 11-8-8-18).
(104) Synthetic identity deception (IC 35-43-5-3.8) (before its repeal).
(106) Tampering with a water supply; poisoning (IC 35-43-1-5).
(111) Threats; refusal to join or withdraw from organization; intimidation offense (IC 35-45-9-4).
(116) Unlawful entry of school property by a serious sex offender (IC 35-42-4-14).
(118) Unlawful photography and surveillance on private property (IC 35-46-8.5-1).
(119) Unlawful possession of a card skimming device (IC 35-43-5-4.3) (before its repeal).
(120) Unlawful practices; investment advisers and investment adviser representatives; investment advisory contract (IC 23-19-5-2).
(121) Unlawful purchase of a handgun (IC 35-47-2.5-14) (before its repeal).
(122) Unlawful sale or possession of a transaction manipulation device (IC 35-43-5-4.6) (before its repeal).
(124) Use of regulated explosive in violation of commission rule (IC 35-47.5-5-11).
(125) Vicarious sexual gratification; sexual conduct in presence of a minor (IC 35-42-4-5).
(126) Violation of certain no contact orders; offense; penalty (IC 35-46-1-15.3).
(129) Violation of IC 25-3.7 (unauthorized practice of an anesthesiologist assistant) under IC 25-3.7-3.
(140) Violation of IC 25-16-1 (violation of employment services statute) under IC 25-16-1-18 [IC 25-16 was repealed by P.L. 149-2023, SECTION 20, effective July 1, 2023].
(156) Violation of IC 25-23.6 (unauthorized use of license issued by behavioral health and human services board) under IC 25-23.6-11-2.
(157) Violation of IC 25-23.6-11-3 (presenting false information to the behavioral health and human services board to obtain license) under IC 25-23.6-11-3.
(162) Violation of any state drug law related to wholesale legend drug distribution (IC 25-26-14).
(181) Violation of IC 25-41-1-1 (before its repeal) (unauthorized practice of behavior analyst) under IC 25-41-1-2 (before its repeal).
(182) Violation of Indiana Legend Drug Act (IC 16-42-19).
(184) Voyeurism; public voyeurism; aerial voyeurism (IC 35-45-4-5).
(186) Worker's compensation fraud (IC 35-43-5-21) (before its repeal).
(Indiana Plumbing Commission; 860 IAC 1-6-4; filed Sep 20, 2023, 4:16 p.m.: 20231018-IR-860230050FRA)
860 IAC 1-6-5 Convictions in another jurisdiction
Authority: 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.
(Indiana Plumbing Commission; 860 IAC 1-6-5; filed Sep 20, 2023, 4:16 p.m.: 20231018-IR-860230050FRA)
860 IAC 1-6-6 Prelicensure determinations; fee
Authority: 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).
(Indiana Plumbing Commission; 860 IAC 1-6-6; filed Sep 20, 2023, 4:16 p.m.: 20231018-IR-860230050FRA)
Hearing Held: July 26, 2023
Approved by Attorney General: September 13, 2023
Approved by Governor: September 18, 2023
Filed with Publisher: September 20, 2023, 4:16 p.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: 10/18/2023 by Legislative Services Agency
DIN: 20231018-IR-860230050FRA
Composed: May 17,2024 8:24:12AM EDT
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