IC 25-31.5-8
     Chapter 8. Proceedings Against a Registered Soil Scientist

IC 25-31.5-8-1
Investigations
     Sec. 1. The board may investigate:
        (1) a suspected violation by a registered soil scientist of:
            (A) a code of professional conduct adopted under IC 25-31.5-3-4; or
            (B) other rules of the board concerning professional competency and integrity; or
        (2) other grounds for action against a registered soil scientist under this chapter.
As added by P.L.244-2001, SEC.1.

IC 25-31.5-8-2
Complaints by board
     Sec. 2. (a) The board may file a complaint to impose conditions on, suspend, or revoke the registration of a soil scientist.
    (b) The soil scientist to whom a complaint is addressed may:
        (1) agree to the terms of the complaint; or
        (2) within twenty (20) days after receiving the complaint, request an informal review of the complaint before the board.
    (c) The failure of a registered soil scientist to request an informal review under subsection (b)(2) constitutes an agreement to the terms of the complaint.
As added by P.L.244-2001, SEC.1.

IC 25-31.5-8-3
Complaints by private individuals or organizations
     Sec. 3. (a) An individual or organization may bring a complaint of fraud, deceit, gross negligence, or misconduct against a registered soil scientist.
    (b) A complaint brought under subsection (a) must be:
        (1) in writing;
        (2) sworn to by:
            (A) the individual; or
            (B) an officer of the organization;
        making the complaint; and
        (3) filed with the board within two (2) years after the incident alleged in the complaint.
As added by P.L.244-2001, SEC.1.

IC 25-31.5-8-4
Proceedings; rules; determinations
     Sec. 4. (a) The board shall consider:
        (1) a request for an informal review of a complaint brought under section 2 of this chapter; or
        (2) a complaint brought under section 3 of this chapter;
during a meeting of the board.

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    (b) The board may adopt rules under IC 4-22-2 to compel a registered soil scientist to respond to matters that relate to a complaint under section 2 of this chapter or a complaint brought under section 3 of this chapter.
    (c) The board may adopt rules under IC 4-22-2 establishing procedures for the conduct of a meeting under this section, including the subpoena of witnesses and documents.
    (d) A meeting held under this section shall be conducted in an informal manner. However, the board shall keep a written record of the proceeding.
    (e) As soon as possible following a meeting under this section, the board shall:
        (1) terminate its proceedings on the complaint under section 2 of this chapter or the complaint brought under section 3 of this chapter; or
        (2) provide notice under IC 4-21.5-3-6 of a determination to impose conditions on, suspend, or revoke the registration of the professional soil scientist.
As added by P.L.244-2001, SEC.1.

IC 25-31.5-8-5
Effect of determinations
     Sec. 5. A registered soil scientist who receives a determination under section 4 of this chapter shall:
        (1) comply with the terms of the determination; or
        (2) request administrative review under IC 25-31.5-9.
As added by P.L.244-2001, SEC.1.

IC 25-31.5-8-6
Disciplinary actions
     Sec. 6. (a) The board may:
        (1) suspend the registration of;
        (2) refuse to renew the registration of;
        (3) revoke the registration of;
        (4) reprimand; or
        (5) place on probation;
a registered soil scientist for any grounds set forth in subsection (b).
    (b) The board may take action under subsection (a) against a registered soil scientist who is found to have:
        (1) committed fraud or deceit in obtaining registration under this article;
        (2) committed gross negligence, incompetence, or misconduct in the public practice of soil science;
        (3) been convicted by a court of law of:
            (A) a felony; or
            (B) a crime involving moral turpitude;
        (4) committed a violation of a code of professional conduct adopted by the board under IC 25-31.5-3-4; or
        (5) committed an unlawful act set forth in section 7 of this chapter.

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As added by P.L.244-2001, SEC.1.

IC 25-31.5-8-7
Criminal violations
     Sec. 7. An individual who knowingly or intentionally does any of the following commits a Class B misdemeanor:
        (1) Falsely professes to be a registered professional soil scientist in violation of IC 25-31.5-7.
        (2) Presents or attempts to use as one's own the registration or seal of another.
        (3) Gives false or forged evidence to:
            (A) the board; or
            (B) a member of the board;
        to obtain registration.
        (4) Falsely impersonates another soil scientist.
        (5) Uses or attempts to use a certificate of registration that is suspended, revoked, or expired.
As added by P.L.244-2001, SEC.1.

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