CHAPTER 6. PROFESSIONAL LICENSING AGENCY FUNCTIONS AND DUTIES - Indiana Statutes

IC 25-1-6
     Chapter 6. Professional Licensing Agency Functions and Duties

IC 25-1-6-1
Centralization of staff, functions, and services
     Sec. 1. The centralization of staff, functions, and services contemplated by this chapter shall be done in such a way as to enhance the licensing agency's ability to:
        (1) make maximum use of data processing as a means of more efficient operation;
        (2) provide more services and carry out functions of superior quality; and
        (3) ultimately and significantly reduce the number of staff needed to provide these services and carry out these functions.
As added by Acts 1981, P.L.222, SEC.3. Amended by P.L.132-1984, SEC.2; P.L.194-2005, SEC.1.

IC 25-1-6-2
Definitions
     Sec. 2. As used in this chapter:
    "Board" means any agency, board, advisory committee, or group included in section 3 of this chapter.
    "Licensing agency" means the Indiana professional licensing agency created by IC 25-1-5-3.
As added by Acts 1981, P.L.222, SEC.3. Amended by P.L.132-1984, SEC.3; P.L.206-2005, SEC.8.

IC 25-1-6-3
Indiana professional licensing agency; functions, duties, and responsibilities
     Sec. 3. (a) The licensing agency shall perform all administrative functions, duties, and responsibilities assigned by law or rule to the executive director, secretary, or other statutory administrator of the following:
        (1) Indiana board of accountancy (IC 25-2.1-2-1).
        (2) Board of registration for architects and landscape architects (IC 25-4-1-2).
        (3) Indiana auctioneer commission (IC 25-6.1-2-1).
        (4) State board of cosmetology examiners (IC 25-8-3-1).
        (5) State board of funeral and cemetery service (IC 25-15-9).
        (6) State board of registration for professional engineers (IC 25-31-1-3).
        (7) Indiana plumbing commission (IC 25-28.5-1-3).
        (8) Indiana real estate commission (IC 25-34.1).
        (9) Real estate appraiser licensure and certification board (IC 25-34.1-8-1).
        (10) Private investigator and security guard licensing board (IC 25-30-1-5.2).
        (11) State board of registration for land surveyors (IC 25-21.5-2-1).         (12) Manufactured home installer licensing board (IC 25-23.7).
        (13) Home inspectors licensing board (IC 25-20.2-3-1).
        (14) State board of massage therapy (IC 25-21.8-2-1).
    (b) Nothing in this chapter may be construed to give the licensing agency policy making authority, which remains with each board.
As added by Acts 1981, P.L.222, SEC.3. Amended by Acts 1982, P.L.113, SEC.10; P.L.132-1984, SEC.4; P.L.246-1985, SEC.14; P.L.257-1987, SEC.14; P.L.234-1989, SEC.2; P.L.186-1990, SEC.4; P.L.23-1991, SEC.8; P.L.48-1991, SEC.15; P.L.1-1992, SEC.129; P.L.30-1993, SEC.4; P.L.234-1995, SEC.2; P.L.82-2000, SEC.3; P.L.227-2001, SEC.3; P.L.162-2002, SEC.3; P.L.145-2003, SEC.3; P.L.194-2005, SEC.2; P.L.206-2005, SEC.9; P.L.185-2007, SEC.3; P.L.200-2007, SEC.4; P.L.3-2008, SEC.177; P.L.160-2009, SEC.6; P.L.84-2010, SEC.11.

IC 25-1-6-4
Additional duties and functions; staff; requirements for renewal; delay of renewal; attorney general; investigation; sanctions; staggering renewal cycles; abandoned application
     Sec. 4. (a) The licensing agency shall employ necessary staff, including specialists and professionals, to carry out the administrative duties and functions of the boards, including but not limited to:
        (1) notice of board meetings and other communication services;
        (2) record keeping of board meetings, proceedings, and actions;
        (3) record keeping of all persons or individuals licensed, regulated, or certified by a board;
        (4) administration of examinations; and
        (5) administration of license or certificate issuance or renewal.
    (b) In addition, the licensing agency:
        (1) shall prepare a consolidated statement of the budget requests of all the boards in section 3 of this chapter;
        (2) may coordinate licensing or certification renewal cycles, examination schedules, or other routine activities to efficiently utilize licensing agency staff, facilities, and transportation resources, and to improve accessibility of board functions to the public; and
        (3) may consolidate, where feasible, office space, record keeping, and data processing services.
    (c) In administering the renewal of licenses or certificates under this chapter, the licensing agency shall issue a sixty (60) day notice of expiration to all holders of a license or certificate. The notice must inform the holder of a license or certificate of the requirements to:
        (1) renew the license or certificate; and
        (2) pay the renewal fee.
    (d) If the licensing agency fails to send notice of expiration under subsection (c), the holder of the license or certificate is not subject to a sanction for failure to renew if the holder renews the license or certificate not more than forty-five (45) days after the holder receives the notice from the licensing agency.     (e) The licensing agency may require an applicant for a license or certificate renewal to submit evidence showing that the applicant:
        (1) meets the minimum requirements for licensure or certification; and
        (2) is not in violation of:
            (A) the law regulating the applicant's profession; or
            (B) rules adopted by the board regulating the applicant's profession.
    (f) The licensing agency may delay renewing a license or certificate for not more than ninety (90) days after the renewal date to permit the board to investigate information received by the licensing agency that the applicant for renewal may have committed an act for which the applicant may be disciplined. If the licensing agency delays renewing a license or certificate, the licensing agency shall notify the applicant that the applicant is being investigated. Except as provided in subsection (g), the board shall do one (1) of the following before the expiration of the ninety (90) day period:
        (1) Deny renewal of the license or certificate following a personal appearance by the applicant before the board.
        (2) Renew the license or certificate upon satisfaction of all other requirements for renewal.
        (3) Renew the license and file a complaint under IC 25-1-7.
        (4) Request the office of the attorney general to conduct an investigation under subsection (h) if, following a personal appearance by the applicant before the board, the board has good cause to believe that the applicant engaged in activity described in IC 25-1-11-5.
        (5) Upon agreement of the applicant and the board and following a personal appearance by the applicant before the board, renew the license or certificate and place the applicant on probation status under IC 25-1-11-12.
    (g) If an applicant fails to appear before the board under subsection (f), the board may take action as provided in subsection (f)(1), (f)(2), or (f)(3).
    (h) If the board makes a request under subsection (f)(4), the office of the attorney general shall conduct an investigation. Upon completion of the investigation, the office of the attorney general may file a petition alleging that the applicant has engaged in activity described in IC 25-1-11-5. If the office of the attorney general files a petition, the board shall set the matter for a public hearing. If, after a public hearing, the board finds the applicant violated IC 25-1-11-5, the board may impose sanctions under IC 25-1-11-12. The board may delay renewing a license or certificate beyond ninety (90) days after the renewal date until a final determination is made by the board. The applicant's license or certificate remains valid until the final determination of the board is rendered unless the renewal is:
        (1) denied; or
        (2) summarily suspended under IC 25-1-11-13.
    (i) The license or certificate of the applicant for license renewal remains valid during the ninety (90) day period unless the license or

certificate is denied following a personal appearance by the applicant before the board before the end of the ninety (90) day period. If the ninety (90) day period expires without action by the board, the license or certificate shall be automatically renewed at the end of the ninety (90) day period.
    (j) Notwithstanding any other law, the licensing agency may stagger license or certificate renewal cycles.
    (k) An application for a license or certificate is abandoned without an action by the board if the applicant does not complete the requirements for obtaining the license or certificate not more than one (1) year after the date on which the application was filed. However, the board may, for good cause shown, extend the validity of the application for additional thirty (30) day periods. An application submitted after the abandonment of an application is considered a new application.
As added by Acts 1981, P.L.222, SEC.3. Amended by P.L.132-1984, SEC.5; P.L.194-2005, SEC.3.

IC 25-1-6-5
Executive director
     Sec. 5. (a) The licensing agency shall be administered by an executive director appointed by the governor who shall serve at the will and pleasure of the governor.
    (b) The executive director must be qualified by experience and training.
    (c) The term "executive director" or "secretary", or any other statutory term for the administrative officer of a board listed in section 3 of this chapter, means the executive director of the licensing agency or the executive director's designee.
    (d) The executive director is the chief fiscal officer of the licensing agency and is responsible for hiring of all staff and for procurement of all services and supplies in accordance with IC 5-22. The executive director and the employees of the licensing agency are subject to IC 4-15-1.8 but are not under IC 4-15-2. The executive director may appoint no more than three (3) deputy directors, who must be qualified to work for the boards which are served by the licensing agency.
    (e) The executive director shall execute a bond payable to the state, with surety to consist of a surety or guaranty corporation qualified to do business in Indiana, in an amount fixed by the state board of accounts, conditioned upon the faithful performance of duties and the accounting for all money and property that come into the executive director's hands or under the executive director's control. The executive director may likewise cause any employee of the licensing agency to execute a bond if that employee receives, disburses, or in any way handles funds or property of the licensing agency. The costs of any such bonds shall be paid from funds available to the licensing agency.
    (f) The executive director may present to the general assembly legislative recommendations regarding operations of the licensing

agency and the boards it serves, including adoption of four (4) year license or certificate renewal cycles wherever feasible.
    (g) Upon the request of a board or commission, the executive director may execute orders, subpoenas, continuances, and other legal documents on behalf of the board or commission.
    (h) Upon the request of a board or commission, the executive director may provide advice and technical assistance on issues that may be presented to the board or commission.
As added by Acts 1981, P.L.222, SEC.3. Amended by Acts 1982, P.L.113, SEC.11; P.L.132-1984, SEC.6; P.L.49-1997, SEC.64; P.L.194-2005, SEC.4.

IC 25-1-6-5.5
Appeal of license renewal denial
     Sec. 5.5. A person who has a license renewal denied by a board listed in section 3 of this chapter may file an appeal of the denial in accordance with IC 4-21.5-3.
As added by P.L.227-2001, SEC.4. Amended by P.L.1-2002, SEC.95; P.L.194-2005, SEC.5.

IC 25-1-6-6
Executive director; representatives; staff placement
     Sec. 6. (a) The executive director shall designate certain employees of the licensing agency to represent the executive director of the licensing agency at board meetings, proceedings, or any other activities of a board.
    (b) The executive director shall assign staff to individual boards and shall work with the boards to ensure efficient utilization and placement of staff.
As added by Acts 1981, P.L.222, SEC.3. Amended by P.L.132-1984, SEC.7.

IC 25-1-6-7
Repealed
    (Repealed by P.L.186-1990, SEC.17.)

IC 25-1-6-8
Department of state revenue; access to names of licensees and applicants; persons on tax warrant list
     Sec. 8. (a) The licensing agency and the boards may allow the department of state revenue access to the name of each person who:
        (1) is licensed under this chapter or IC 25-1-5; or
        (2) has applied for a license under this chapter or IC 25-1-5.
    (b) If the department of state revenue notifies the licensing agency that a person is on the most recent tax warrant list, the licensing agency may not issue or renew the person's license until:
        (1) the person provides to the licensing agency a statement from the department of revenue that the person's delinquent tax liability has been satisfied; or
        (2) the licensing agency receives a notice from the

commissioner of the department of state revenue under IC 6-8.1-8-2(k).
As added by P.L.26-1985, SEC.20. Amended by P.L.332-1989(ss), SEC.46; P.L.2-2005, SEC.63; P.L.206-2005, SEC.10.

IC 25-1-6-9
Repealed
     (Repealed by P.L.186-1990, SEC.17.)

IC 25-1-6-10
Provision of Social Security numbers; access to numbers
     Sec. 10. (a) An individual who applies for a license issued by a board under this chapter or who holds a license issued by a board under this chapter shall provide the individual's Social Security number to the licensing agency.
    (b) The licensing agency and the boards shall collect and release the applicant's or licensee's Social Security number as otherwise provided in state or federal law.
    (c) Notwithstanding IC 4-1-10-3, the licensing agency and the boards may allow access to the Social Security number of each person who is licensed under this chapter or has applied for a license under this chapter to:
        (1) a testing service that provides the examination for licensure to the licensing agency or the boards; or
        (2) an individual state regulatory board or an organization composed of state regulatory boards for the applicant's or licensee's profession for the purpose of coordinating licensure and disciplinary activities among the individual states.
As added by P.L.157-2006, SEC.19.