TITLE 878 HOME INSPECTORS LICENSING BOARD
Final 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.
Rule 6. Convictions of Concern
Authority:
IC 25-1-1.1-6;
IC 25-20.2-3-8
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; filed Oct 6, 2023, 2:30 p.m.: 20231101-IR-878230042FRA)
Authority:
IC 25-1-1.1-6;
IC 25-20.2-3-8
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; filed Oct 6, 2023, 2:30 p.m.: 20231101-IR-878230042FRA)
878 IAC 1-6-3 Authority to issue license on probation
Authority:
IC 25-1-1.1-6;
IC 25-20.2-3-8
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; filed Oct 6, 2023, 2:30 p.m.: 20231101-IR-878230042FRA)
Authority:
IC 25-1-1.1-6;
IC 25-20.2-3-8
Sec. 4. The following are convictions of concern:
(Home Inspectors Licensing Board; 878 IAC 1-6-4; filed Oct 6, 2023, 2:30 p.m.: 20231101-IR-878230042FRA)
878 IAC 1-6-5 Convictions in another jurisdiction
Authority:
IC 25-1-1.1-6;
IC 25-20.2-3-8
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; filed Oct 6, 2023, 2:30 p.m.: 20231101-IR-878230042FRA)
878 IAC 1-6-6 Prelicensure determinations; fee
Authority:
IC 25-1-1.1-6;
IC 25-20.2-3-8
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; filed Oct 6, 2023, 2:30 p.m.: 20231101-IR-878230042FRA)
Hearing Held: July 11, 2023
Approved by Attorney General: September 28, 2023
Approved by Governor: October 4, 2023
Filed with Publisher: October 6, 2023, 2:30 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: 11/01/2023 by Legislative Services Agency
DIN: 20231101-IR-878230042FRA
Composed: May 19,2024 1:11:49AM EDT
A
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