CHAPTER 8. DISCIPLINARY PROCEEDINGS; ENFORCEMENT
IC 25-20.2-8
Chapter 8. Disciplinary Proceedings; Enforcement
IC 25-20.2-8-1
Disciplinary actions
Sec. 1. The board may take disciplinary actions against or impose
sanctions on a licensee under IC 25-1-11 for any of the following:
(1) Disclosing information concerning the results of a home
inspection without the approval of a client or the client's legal
representative, except under a court order.
(2) Accepting compensation for the same service from more
than one (1) party without the consent of all interested parties.
(3) Accepting commissions or allowances, directly or indirectly,
from other parties dealing with the licensee's client in
connection with any repair work recommended in the licensee's
home inspection report.
(4) Accepting compensation, directly or indirectly, from the
licensee's client in connection with any repair work
recommended in the licensee's home inspection report.
(5) Failing to disclose to a client information about a business
interest of the licensee that may affect the client in connection
with any work for which the licensee is responsible.
(6) Knowingly making a false or misleading representation
about:
(A) the condition of a residential dwelling for which the
licensee has performed or has contracted to perform a home
inspection; or
(B) the extent of the services the licensee has performed or
will perform.
(7) Committing a felony in the course of the practice of home
inspection or committing any act constituting a violation of
IC 25-20.2-5-2(a)(1)(C).
(8) Violating any provisions of this article or rules adopted by
the board under this article.
(9) Making a false or misleading representation:
(A) in a license or renewal application form; or
(B) in information provided to the board.
(10) Failing to pay any fees or fines required by this article.
(11) Failing to continuously maintain the insurance or other
evidence of financial responsibility required by this article.
(12) Communicating to the public false or misleading
information about the type of license held by the licensee.
(13) Engaging in a course of lewd or immoral conduct in
connection with the delivery of services to clients.
(14) Failing to complete the continuing education requirements
established by the board.
As added by P.L.145-2003, SEC.7.
IC 25-20.2-8-2
Disciplinary hearings
Sec. 2. The procedures set forth in IC 4-21.5 govern the board's
conduct of disciplinary hearings.
As added by P.L.145-2003, SEC.7.
IC 25-20.2-8-3
License suspension
Sec. 3. The board may summarily suspend a license for up to
ninety (90) days before a final adjudication or during an appeal of the
board's determination if the board finds that the licensee would
represent a clear and immediate danger to the public's health, safety,
or property if allowed to perform home inspections. The summary
suspension may be renewed upon a hearing before the board for up
to ninety (90) days.
As added by P.L.145-2003, SEC.7.
IC 25-20.2-8-4
Show cause order; cease and desist order
Sec. 4. (a) If the board determines that an individual not licensed
under this article is engaged in or believed to be engaged in activities
for which a license is required under this article, the board may issue
an order to that individual requiring the individual to show cause
why the individual should not be ordered to cease and desist from
such activities. The show cause order must set forth a date, time, and
place for a hearing at which the affected individual may appear and
show cause why the individual should not be subject to licensing
under this article.
(b) If the board, after a hearing, determines that the activities in
which the individual is engaged are subject to licensing under this
article, the board may issue a cease and desist order that identifies
the individual and describes activities that are the subjects of the
order.
(c) A cease and desist order issued under this section is
enforceable in circuit courts.
As added by P.L.145-2003, SEC.7.
IC 25-20.2-8-5
Criminal violations; amount of fee or compensation added to
penalty; separate violations
Sec. 5. (a) An individual who:
(1) performs or offers to perform home inspections for
compensation without being licensed as a home inspector and
without being exempt from licensing under law;
(2) presents as the individual's own the license of another;
(3) intentionally gives false or materially misleading
information to the board or to a board member in connection
with licensing matters;
(4) impersonates another licensee;
(5) uses an expired, a suspended, a revoked, or an otherwise
restricted license; or
(6) otherwise violates this article;
commits a Class B infraction.
(b) When entering a judgment for an infraction under this section,
the court shall add to any penalty imposed the amount of any fee or
other compensation earned by the individual in the commission of
the infraction.
(c) Each transaction involving activities defined by this article
constitutes a separate violation of this section.
As added by P.L.145-2003, SEC.7.
IC 25-20.2-8-6
Prove compliance in action to collect fee or other compensation
Sec. 6. In all actions for the collection of a fee or other
compensation for performing home inspections, the party seeking
relief must allege and prove that, at the time the cause of action
arose, the party seeking relief was not in violation of section 5 of this
chapter.
As added by P.L.145-2003, SEC.7.
IC 25-20.2-8-7
Judicial review
Sec. 7. An individual who applies for a license or a licensee who
is aggrieved by an order or a determination of the board is entitled to
a judicial review under IC 4-21.5.
As added by P.L.145-2003, SEC.7.
IC 25-20.2-8-8
Board legal adviser
Sec. 8. The attorney general shall act as the legal adviser for the
board and provide any legal assistance necessary to carry out this
article.
As added by P.L.145-2003, SEC.7.