§ 25-1-5-4 — Additional duties and functions; staff

Indiana § 25-1-5-4

• Jurisdiction: Indiana
• Title 25: PROFESSIONS AND OCCUPATIONS
• Art. 1: GENERAL PROVISIONS
• Ch. 5: Professional Licensing Agency

Text

(a) The 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) recordkeeping of board meetings, proceedings, and actions;
(3) recordkeeping of all persons 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 agency:
(1) shall prepare a consolidated statement of the budget requests
of all the boards described in IC 25-0.5-5;
(2) may coordinate licensing or certification renewal cycles,
examination schedules, or other routine activities to efficiently
utilize agency staff, facilities, and transportation resources, and to
improve accessibility of board functions to the public;
(3) may consolidate, where feasible, office space, recordkeeping,
and data processing services;
(4) shall operate and maintain the electronic registry of
professions established under IC 25-1-5.5;
(5) shall post each board's public meeting agenda on the
applicable board's website not less than seventy-two (72) hours
before a board's public meeting;
(6) shall post each board's public meeting minutes on the
applicable board's website not more than fourteen (14) calendar
days after adoption of the minutes by the board;
(7) shall post any vacancy on a board on the applicable board's
website within fourteen (14) calendar days of the vacancy;
(8) notwithstanding any other law:
(A) shall prescribe the application form and manner for each
board; and
(B) shall make any new application form publicly available on
the applicable board's website for sixty (60) calendar days
before being adopted by the agency; and
(9) shall send notification of incomplete items in an application
to the applicant every fourteen (14) calendar days after the
applicant initiates the application until the earlier of the
following:
(A) The date the application is completed.
(B) One (1) calendar year after the applicant initiates the
application.
(c) In administering the renewal of licenses or certificates under this
chapter, the agency shall send a notice of the upcoming expiration of
a license or certificate to each holder of a license or certificate at least
ninety (90) days before the expiration of the license or certificate. The
notice must inform the holder of the license or certificate of the need
to renew and the requirement of payment of the renewal fee. If this
notice of expiration is not sent by the agency, the holder of the license
or certificate is not subject to a sanction for failure to renew if, once
notice is received from the agency, the license or certificate is renewed
within forty-five (45) days after receipt of the notice.
(d) In administering an examination for licensure or certification,
the agency shall make the appropriate application forms available at
least thirty (30) days before the deadline for submitting an application
to all persons wishing to take the examination.
(e) The agency may require an applicant for license renewal to
submit evidence proving that:
(1) the applicant continues to meet the minimum requirements for
licensure; and
(2) the applicant is not in violation of:
(A) the statute regulating the applicant's profession; or
(B) rules adopted by the board regulating the applicant's
profession.
(f) The agency shall process an application for renewal of a license
or certificate:
(1) not later than ten (10) days after the agency receives all
required forms and evidence; or
(2) within twenty-four (24) hours after the time that an applicant
for renewal appears in person at the agency with all required
forms and evidence.
This subsection does not require the agency to issue a renewal license
or certificate to an applicant if subsection (g) applies.
(g) The agency may delay issuing a license renewal for up to one
hundred twenty (120) days after the renewal date for the purpose of
permitting the board to investigate information received by the agency
that the applicant for renewal may have committed an act for which the
applicant may be disciplined. If the agency delays issuing a license
renewal, the agency shall notify the applicant that the applicant is being
investigated. Except as provided in subsection (h), before the end of the
one hundred twenty (120) day period, the board shall do one (1) of the
following:
(1) Deny the license renewal following a personal appearance by
the applicant before the board.
(2) Issue the license renewal upon satisfaction of all other
conditions for renewal.
(3) Issue the license renewal and file a complaint under IC 25-1-7.
(4) Upon agreement of the applicant and the board and following
a personal appearance by the applicant before the board, renew
the license and place the applicant on probation status under IC 25-1-9-9.
(h) If an individual fails to appear before the board under subsection
(g), the board may take action on the applicant's license allowed under
subsection (g)(1), (g)(2), or (g)(3).
(i) The applicant's license remains valid until the final determination
of the board is rendered unless the renewal is denied or the license is
summarily suspended under IC 25-1-9-10.
(j) The license of the applicant for a license renewal remains valid
during the one hundred twenty (120) day period unless the license
renewal is denied following a personal appearance by the applicant
before the board before the end of the one hundred twenty (120) day
period. If the one hundred twenty (120) day period expires without
action by the board, the license shall be automatically renewed at the
end of the one hundred twenty (120) day period.
(k) The board's renewal of a license does not preclude the board
from imposing sanctions on the licensee as a result of a complaint filed
by the attorney general after renewal of the license.
(l) Notwithstanding any other statute, the agency may stagger
license or certificate renewal cycles. However, if a renewal cycle for a
specific board or committee is changed, the agency must obtain the
approval of the affected board or committee.
(m) An application for a license, certificate, registration, or permit
is abandoned without an action of the board, if the applicant does not
complete the requirements to complete the application within 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.2. Amended by
P.L.169-1985, SEC.25; P.L.149-1987, SEC.19; P.L.22-1999, SEC.1;
P.L.44-2000, SEC.1; P.L.75-2002, SEC.1; P.L.206-2005, SEC.4;
P.L.177-2009, SEC.14; P.L.3-2014, SEC.12; P.L.177-2015, SEC.8;
P.L.78-2017, SEC.4; P.L.148-2023, SEC.5; P.L.249-2023,
SEC.79.