CHAPTER 5. REGULATED LIFTING DEVICES
IC 22-15-5
Chapter 5. Regulated Lifting Devices
IC 22-15-5-1
Installation or alteration permit; issuance; qualification of
applicants
Sec. 1. (a) The division shall issue a regulated lifting device
installation or alteration permit to an applicant who qualifies under
this section.
(b) To qualify for a permit under this section, an applicant must
meet the following requirements:
(1) Demonstrate through the submission of complete plans,
including:
(A) copies of specifications and accurately scaled and fully
dimensioned plans showing the location of the installation in
relation to the plans and elevation of the building;
(B) plans showing the location of the machine room and the
equipment to be installed, relocated, or altered;
(C) plans showing the structural supporting members,
including foundations; and
(D) a specification of all materials employed and loads to be
supported or conveyed;
that the installation or alteration covered by the application will
comply with all applicable equipment laws. All plans and
specifications must be sufficiently complete to illustrate all
details of construction and design.
(2) Pay the fee set under IC 22-12-6-6(a)(7).
(3) Be the holder of a current elevator contractor license, if
applicable, as set forth under IC 22-15-5-7.
(c) A copy of the permit shall be kept at the construction site at all
times while the work is in progress.
(d) The regulated lifting device must be installed or altered in
compliance with:
(1) applicable codes; and
(2) the details of the application, plans, specifications, and
conditions of the permit.
(e) The regulated lifting device must be installed or altered under
the direction and control of a licensed contractor. The elevator
contractor does not have to be present at the site.
(f) The responsibilities of the division under this section may be
carried out by a political subdivision that is approved by the
commission under IC 22-13-2-10.
As added by P.L.245-1987, SEC.4. Amended by P.L.119-2002,
SEC.12; P.L.1-2006, SEC.392.
IC 22-15-5-1.3
Sanctions
Sec. 1.3. A permit issued under section 1 of this chapter is subject
to sanctions as provided in IC 22-12-7-7 for any of the following
reasons:
(1) A false statement or misrepresentation of the material fact
in the application, plan, or specification on which the permit
was based.
(2) The work being performed is not in compliance with the
applicable code.
(3) The work is not being performed in accordance with the
details of the application, plans, specifications, or conditions of
the permit.
(4) The elevator contractor to whom the permit was issued is
the subject of an order issued under IC 22-12-7-4 and
IC 22-12-7-6.
As added by P.L.119-2002, SEC.13.
IC 22-15-5-1.5
Permit expiration
Sec. 1.5. A permit granted under section 1 of this chapter expires
for the following reasons:
(1) The work authorized by the permit has not begun within one
(1) year after the date of issuance or within a shorter period if
specified at the time of issuance of the permit.
(2) The work authorized by the permit has been suspended or
abandoned for at least one hundred eighty (180) days or a
shorter period if specified at the time of the issuance of the
permit.
As added by P.L.119-2002, SEC.14.
IC 22-15-5-2
Installation or alteration without a permit; offense; application of
section
Sec. 2. (a) This section does not apply to minor construction that
is exempted from this section under IC 22-13-4.
(b) This section applies to the following:
(1) Each person who installs or alters a regulated lifting device,
whether or not required to be licensed under IC 22-15-5-7,
IC 22-15-5-8, IC 22-15-5-9, IC 22-15-5-10, IC 22-15-5-11, or
IC 22-15-5-12. However, the installation, alteration, or
maintenance of a regulated lifting device to which ASME
A18.1 applies is not required to be performed by a mechanic
licensed under IC 22-15-5-12 or by a contractor licensed under
IC 22-15-5-7.
(2) Each person who has control over the installation or
alteration of a regulated lifting device.
(3) Each person who has control over the place where the
regulated lifting device is installed or altered.
(c) A person described in subsection (b) commits a Class C
infraction if:
(1) a regulated lifting device is installed or altered; and
(2) no regulated lifting device installation or alteration permit
issued under section 1 of this chapter covers the installation or
alteration.
As added by P.L.245-1987, SEC.4. Amended by P.L.119-2002,
SEC.15.
IC 22-15-5-3
Registration; qualification; required information
Sec. 3. (a) All regulated lifting devices shall be registered under
this section.
(b) The division shall issue a registration for a regulated lifting
device to an applicant who qualifies under this section.
(c) To register a regulated lifting device under this section, an
applicant must submit, on a form approved by the division, the
following information:
(1) Type, rated load and speed, name of manufacturer, location,
and the nature of the use of the regulated lifting device.
(2) Any information required under the rules adopted by the
commission.
As added by P.L.245-1987, SEC.4. Amended by P.L.119-2002,
SEC.16; P.L.1-2006, SEC.393.
IC 22-15-5-4
Inspection program; initial operating certificate; renewal
certificate; temporary permit
Sec. 4. (a) The division shall carry out a program for the periodic
inspection of regulated lifting devices being operated in Indiana. A
regulated lifting device may not be operated without an operating
certificate that covers the operation of the regulated lifting device.
(b) A permit issued under this section expires on the earlier of:
(1) one (1) year after issuance; or
(2) when the regulated lifting device is altered.
(c) After a regulated lifting device has been installed or altered,
an applicant shall apply for an initial operating certificate. The
division shall issue an initial operating certificate for a regulated
lifting device if:
(1) the applicant demonstrates:
(A) through an acceptance inspection made by an elevator
inspector licensed under IC 22-15-5-11 that the regulated
lifting device covered by the application complies with the
laws governing its construction, repair, maintenance, and
operation; and
(B) that the applicant has paid the fee set under
IC 22-12-6-6(a)(7); and
(2) the division verifies, through an inspection, that the
regulated lifting device complies with the laws governing the
construction, repair, maintenance, and operation of the
regulated lifting device.
(d) The division shall issue a renewal operating certificate if the
applicant:
(1) demonstrates through the completion of applicable safety
tests that the regulated lifting device complies with the laws
governing the construction, repair, maintenance, and operation
of the regulated lifting device; and
(2) has paid the fee set under IC 22-12-6-6(a)(7).
(e) The division may issue a temporary operating permit to an
applicant under this section who does not comply with subsection
(c)(1)(A) for a new or altered regulated lifting device or subsection
(d)(1) for an existing unaltered regulated lifting device. The
applicant must pay the fee set under IC 22-12-6-6(a)(7) to qualify for
the temporary operating permit. Except as provided in subsection (f),
the permit, including all renewal periods, is limited to sixty (60)
days.
(f) The division may renew a temporary operating permit issued
under subsection (e) for thirty (30) day periods during the
construction of a building if the regulated lifting device is used for
the transportation of construction personnel, tools, and materials.
(g) The responsibilities of the division under this section may be
carried out by a political subdivision that is approved by the
commission under IC 22-13-2-10.
(h) A copy of the operating certificate shall be displayed in or on
each regulated lifting device or in an associated machine room.
(i) A licensed elevator mechanic shall perform the maintenance
on a regulated lifting device.
As added by P.L.245-1987, SEC.4. Amended by P.L.137-1990,
SEC.1; P.L.119-2002, SEC.17; P.L.1-2006, SEC.394.
IC 22-15-5-5
Operation without a permit; offense; application of section
Sec. 5. (a) This section does not apply to a person who uses a
regulated lifting device unless the person also has authority to:
(1) construct, repair, or maintain the regulated lifting device; or
(2) place the regulated lifting device out of service.
(b) This section applies to the following:
(1) Each person who operates a regulated lifting device.
(2) Each person who has control over the operation of a
regulated lifting device.
(3) Each person who has control over the place where a
regulated lifting device is operated.
(c) A person described in subsection (b) commits a Class C
infraction if:
(1) a regulated lifting device is operated; and
(2) no regulated lifting device operating permit covers the
operation.
As added by P.L.245-1987, SEC.4.
IC 22-15-5-6
Definitions
Sec. 6. (a) The following definitions apply to sections 7 through
16 of this chapter:
(1) "Competency examination" means an examination that
thoroughly tests the scope of the knowledge and skill of the
applicant for the license.
(2) "Elevator apprentice" means an individual who works under
the direct supervision of a licensed elevator mechanic. The term
includes an individual commonly known as an elevator helper
while working under the direct supervision of a licensed
elevator mechanic.
(3) "Elevator contractor" means a person who alone or with
other persons, constructs, repairs, alters, remodels, adds to,
subtracts from, or improves a regulated lifting device and who
is responsible for substantially all the regulated lifting devices
within the entire project, or who fabricates elevator lifting
devices substantially completed and ready for installation.
(4) "Elevator inspector" means an individual who conducts the
acceptance inspection of a regulated lifting device required by
section 4(c)(1)(A) of this chapter.
(5) "Elevator mechanic" means an individual who engages in
the construction, reconstruction, alteration, maintenance,
mechanical, or electrical work or adjustments of a regulated
lifting device.
(6) "License" means a certificate issued by the department that
confers upon the holder the privilege to act as an elevator
contractor, elevator inspector, or elevator mechanic.
(7) "Licensing program" means the program for licensing
elevator contractors, elevator inspectors, and elevator
mechanics established under this section and sections 7 through
16 of this chapter.
(8) "Municipality" has the meaning set forth in IC 36-1-2-11.
(9) "Person" means:
(A) a natural person;
(B) the partners or members of a partnership or a limited
partnership;
(C) a state educational institution; or
(D) a corporation or the officers, directors, and employees of
the corporation.
(10) "Practitioner" means a person that holds:
(A) an unlimited license;
(B) a limited or probationary license;
(C) a temporary license;
(D) an emergency license; or
(E) an inactive license.
(b) The commission and the department shall establish a program
to license elevator contractors, elevator mechanics, and elevator
inspectors.
(c) The department shall issue a license as an elevator contractor,
an elevator mechanic, or an elevator inspector to a person who
qualifies and complies with the provisions of the licensing program.
A person who receives a license under this chapter is subject to the
supervision and control of the department.
(d) The department may contract with public and private
institutions, agencies, businesses, and organizations to implement all
or part of its duties established under this chapter.
(e) The commission may adopt rules under IC 4-22-2 to
implement the licensing program.
As added by P.L.119-2002, SEC.18. Amended by P.L.1-2006,
SEC.395; P.L.2-2007, SEC.309.
IC 22-15-5-7
Elevator contractor license; requirements for license; invalid
license
Sec. 7. (a) After May 1, 2003, an individual may not act as an
elevator contractor unless the individual:
(1) holds an elevator contractor license issued under this
chapter; or
(2) is an employee of a partnership, a limited partnership, a
corporation, or a state educational institution that holds an
elevator contractor license issued under this chapter.
(b) After May 1, 2003, a partnership, a limited partnership, a
corporation, or a state educational institution may not act as an
elevator contractor unless it holds an elevator contractor license
issued under this chapter.
(c) An individual who is an applicant for an elevator contractor
license shall:
(1) hold a valid elevator contractor license issued by another
state that has a licensing program that, as determined by the
department or the commission, is equivalent to the elevator
contractor licensing program established under this chapter; or
(2) except as otherwise provided, satisfy both of the following
requirements:
(A) Have at least five (5) years of documented work
experience in the elevator industry in construction,
maintenance, and service or repair in Indiana.
(B) Successfully complete a written competency
examination approved by the commission.
An applicant for an elevator contractor license is entitled to a license
without examination if the applicant applies for the license on or
before May 1, 2003.
(d) A corporation or a state educational institution that is an
applicant for an elevator contractor license must have at least one (1)
officer or employee of the corporation or a state educational
institution that holds a valid elevator contractor license issued under
this chapter. A license granted to a corporation or a state educational
institution to act as an elevator contractor under this chapter becomes
invalid when an officer or employee of the corporation or state
educational institution no longer holds a valid elevator contractor
license issued under this chapter.
(e) A partnership or limited partnership that is an applicant for an
elevator contractor license must have at least one (1) partner or
general partner that holds a valid elevator contractor license issued
under this chapter. A license granted to a partnership or limited
partnership to act as an elevator contractor under this chapter
becomes invalid when the partner of a partnership or general partner
of a limited partnership named in the application no longer holds a
valid elevator contractor license as provided by this chapter.
As added by P.L.119-2002, SEC.19. Amended by P.L.141-2003,
SEC.13; P.L.2-2007, SEC.310.
IC 22-15-5-8
Initial license application; renewal license application
Sec. 8. (a) An applicant for an initial elevator contractor license
must do the following:
(1) Submit to the department an application on the form that the
department provides.
(2) Submit to the department any proof of eligibility the
department requires.
(3) Demonstrate proof of insurance as required by section 14 of
this chapter.
(4) Demonstrate proof of worker's compensation coverage
under IC 22-3-2-5.
(5) Pay the license fee established under IC 22-12-6-6. The
license fee is nonrefundable and must be paid each time an
applicant submits an application or applies to take the
examination.
(6) Affirm under penalty of perjury that all information
provided to the department is true to the best of the applicant's
knowledge and belief.
(b) An applicant for a renewal elevator contractor license must do
the following:
(1) Submit an application on the form that the department
provides.
(2) Submit proof of completion of the continuing education
required by section 15 of this chapter.
(3) Demonstrate proof of insurance as required by section 14 of
this chapter.
(4) Demonstrate proof of worker's compensation coverage
under IC 22-3-2-5.
(5) Pay the license fee established under IC 22-12-6-6. The
license fee is nonrefundable and must be paid each time an
applicant submits an application.
(6) Affirm under penalty of perjury that all information
provided to the department is true to the best of the applicant's
knowledge and belief.
As added by P.L.119-2002, SEC.20. Amended by P.L.1-2003,
SEC.72.
IC 22-15-5-9
Required information for application; license expiration and
renewal
Sec. 9. (a) An application for an elevator contractor license must
contain the following information:
(1) If the applicant is an individual, the name, business address,
telephone number, and electronic mail address of the applicant.
(2) If the applicant is a corporation or a state educational
institution, the following:
(A) The name and address of the corporation.
(B) The name, business address, phone number, and
electronic mail address of every officer or employee in the
corporation who holds a valid elevator contractor license as
provided by this chapter.
(C) The name and address of the resident agent of the
corporation.
(3) If the applicant is a partnership or limited partnership, the
following:
(A) The name and address of the partnership or limited
partnership.
(B) The name, business address, phone number, and
electronic mail address of every partner, for a partnership, or
every general partner, for a limited partnership, who holds a
valid elevator contractor license as provided by this chapter.
(4) Any other information the department requires.
(b) An initial elevator contractor license issued under this chapter
expires on December 31 of the second year after it was issued.
(c) A renewal of an elevator contractor license is valid for two (2)
years.
As added by P.L.119-2002, SEC.21. Amended by P.L.2-2007,
SEC.311.
IC 22-15-5-10
License presentation upon request
Sec. 10. An individual engaged in the business of an elevator
contractor shall carry:
(1) the individual's license; or
(2) a facsimile of the license of the partnership, corporation, or
state educational institution by which the individual is
employed;
and present the license for inspection by a representative of the
department upon request.
As added by P.L.119-2002, SEC.22. Amended by P.L.2-2007,
SEC.312.
IC 22-15-5-11
Elevator inspector license; initial license requirements; renewal
license; license expiration; invalid license
Sec. 11. (a) After May 1, 2003, an individual may not act as an
elevator inspector unless the individual holds an elevator inspector
license issued under this chapter.
(b) An individual who is an applicant for an elevator inspector
license shall meet the standards set forth in American Society of
Mechanical Engineers (ASME) American National Standard QEI-1
(Standard for the Qualification of Elevator Inspectors) or other
nationally accepted standard qualifying authority that the
commission has determined has equivalent requirements as ASME
QEI-1 for obtaining and retaining certification.
(c) An applicant for an initial elevator inspector license must do
the following:
(1) Submit to the department an application provided by the
department that contains the following information:
(A) The name, address, telephone number, and electronic
mail address of the applicant.
(B) Any other information the department requires.
(2) Submit to the department any proof of eligibility the
department requires.
(3) Demonstrate proof of insurance as required by section 14 of
this chapter.
(4) Pay the license fee established under IC 22-12-6-6. The
license fee is nonrefundable and must be paid each time an
applicant submits an application.
(5) Affirm under penalty of perjury that all information
provided to the department is true to the best of the applicant's
knowledge and belief.
(d) An applicant for a renewal elevator inspector license shall:
(1) Submit to the department an application provided by the
department that contains the following information:
(A) The name, address, telephone number, and electronic
mail address of the applicant.
(B) Any other information the department requires.
(2) Submit proof of completion of the continuing education
required by section 15 of this chapter.
(3) Demonstrate proof of insurance as required by section 14 of
this chapter.
(4) Pay the license fee established under IC 22-12-6-6. The
license fee is nonrefundable and must be paid each time an
applicant submits an application.
(5) Affirm under penalty of perjury that all information
provided to the department is true to the best of the applicant's
knowledge and belief.
(e) An initial elevator inspector license issued under this chapter
expires on December 31 of the second year after the license was
issued.
(f) A renewal of an elevator inspector license is valid for two (2)
years.
(g) An individual who engages in the business of an elevator
inspector shall carry the individual's license and present the license
for inspection by a representative of the department upon request.
(h) If the QEI-1 certification or other certification standard
approved by the commission that made the individual eligible for an
inspector license under subsection (b):
(1) is terminated;
(2) expires; or
(3) becomes invalid for any other reason;
the elevator inspector's license immediately becomes invalid.
As added by P.L.119-2002, SEC.23. Amended by P.L.141-2003,
SEC.14.
IC 22-15-5-12
Elevator mechanic license; eligibility criteria; initial license
requirements; renewal license; license expiration
Sec. 12. (a) After May 1, 2003, an individual may not act as an
elevator mechanic unless the individual holds an elevator mechanic
license issued under this chapter. A license is not required for an
elevator apprentice.
(b) An individual who is an applicant for an elevator mechanic
license must meet one (1) of the following eligibility criteria:
(1) Hold an active elevator mechanic license issued by a state
that has a licensing program that is at least equivalent to the
elevator mechanic licensing program established under this
chapter.
(2) Satisfy both of the following:
(A) Have at least one (1) of the following types of work
experience or training:
(i) Have at least three (3) years of documented work
experience in the elevator industry in construction,
maintenance, and service or repair.
(ii) Have at least eighteen (18) months experience in the
elevator industry in construction, maintenance, and service
or repair and have at least three (3) years experience in a
related field that is certified by a licensed elevator
contractor.
(iii) Complete an apprenticeship program that is registered
with the Bureau of Apprenticeship and Training of the
United States Department of Labor or a state
apprenticeship program and that the commission
determines is at least equivalent to three (3) years of work
experience in the elevator industry in construction,
maintenance, and service or repair.
(B) Successfully complete a written competency
examination approved by the commission.
(3) Successfully complete an elevator mechanic's program that
consists of a combination of extensive training and a
comprehensive examination that the commission has
determined is at least equivalent to both the work experience
required under subdivision (2)(A)(i) and the competency
examination established under subdivision (2)(B).
(4) Furnish acceptable proof to the department of:
(A) at least three (3) years work experience in the elevator
industry in construction, maintenance, service or repair; and
(B) current performance of the duties of an elevator
mechanic in Indiana without direct supervision;
and apply for the license on or before May 1, 2003.
(c) An applicant for an initial elevator mechanic license must do
the following:
(1) Submit to the department an application provided by the
department that contains the following information:
(A) The name, business address, telephone number, and
electronic mail address of the applicant.
(B) Any other information the department requires.
(2) Submit to the department any proof of eligibility the
department requires.
(3) Pay the nonrefundable and nontransferable license fee
established under IC 22-12-6-6.
(4) Affirm under penalty of perjury that all information
provided to the department is true to the best of the applicant's
knowledge and belief.
(d) An applicant for a renewal elevator mechanic license must do
the following:
(1) Submit to the department an application provided by the
department that contains the following information:
(A) The name, business address, telephone number, and
electronic mail address of the applicant.
(B) Any other information the department requires.
(2) Submit proof of completion of the continuing education
required by section 15 of this chapter.
(3) Pay the nonrefundable and nontransferable license fee
established under IC 22-12-6-6.
(4) Affirm under penalty of perjury that all information
provided to the department is true to the best of the applicant's
knowledge and belief.
(e) An initial elevator mechanic license issued under this chapter
expires on December 31 of the second year after the license was
issued.
(f) A renewal of an elevator mechanic license is valid for two (2)
years.
(g) An individual engaged in the business of an elevator mechanic
shall carry the individual's license and present the license for
inspection by a representative of the department upon request.
As added by P.L.119-2002, SEC.24. Amended by P.L.141-2003,
SEC.15.
IC 22-15-5-13
Temporary elevator mechanic license; emergency elevator
mechanic license
Sec. 13. (a) A temporary elevator mechanic license may be issued
by the department upon receipt of the following:
(1) A certification by a licensed elevator contractor that the
contractor is unable to secure, despite the contractor's best
efforts, licensed elevator mechanics to perform construction,
maintenance, or service and repair of elevators.
(2) An application on the form that the department provides.
(3) A certification by the licensed elevator contractor that the
individual to receive the temporary license possesses sufficient
documented experience and education to perform elevator
construction, maintenance, or service and repair.
(4) A temporary mechanic license fee established under
IC 22-12-6-6. The license fee is nonrefundable and must be paid
each time an applicant submits an application.
(5) An affirmation under penalty of perjury made by both the
individual who would receive the temporary license and the
licensed elevator contractor that all information provided to the
department is true to the best of their knowledge and belief.
(b) A temporary elevator mechanic license is valid for sixty (60)
days after the date of issuance and is valid only for work performed
for the licensed elevator contractor that has made the certifications
under subsection (a).
(c) A temporary elevator mechanic license issued under this
section may be renewed for two (2) subsequent sixty (60) day
periods. To renew the license, the license holder must submit the
following:
(1) A certification by a licensed elevator contractor that the
contractor is unable to secure, despite the contractor's best
efforts, licensed elevator mechanics to perform construction,
maintenance, or service and repair of elevators.
(2) An application on the form that the department provides.
(3) A temporary mechanic license renewal fee established under
IC 22-12-6-6. The license fee is nonrefundable and must be paid
each time an applicant submits an application.
(4) An affirmation by both the individual that would receive the
temporary license and the licensed elevator contractor under
penalty for perjury that all information provided to the
department is true to the best of their knowledge and belief.
(d) An emergency elevator mechanic license may be issued by the
department upon receipt of the following:
(1) A certification by a licensed elevator contractor that the
contractor is unable to secure, despite the contractor's best
efforts, licensed elevator mechanics to perform construction,
maintenance, or service and repair of elevators due to a disaster
(as defined in IC 10-14-3-1).
(2) An application on the form that the department provides.
(3) A certification by the licensed elevator contractor that the
individual to receive the temporary license possesses sufficient
documented experience and education to perform elevator
construction, maintenance, or service and repair.
(4) An emergency mechanic license fee established under
IC 22-12-6-6. The license fee is nonrefundable and must be paid
each time an applicant submits an application.
(5) An affirmation by both the individual that would receive the
temporary license and the licensed elevator contractor under
penalty for perjury that all information provided to the
department is true to the best of their knowledge and belief.
(e) An emergency elevator mechanic license is valid for sixty (60)
days after the date of issuance and is valid only for work performed
for the licensed elevator contractor that has made the certifications
under subsection (d).
(f) An emergency elevator mechanic license issued under this
section may be renewed for two (2) subsequent sixty (60) day
periods. To renew the license, the license holder must submit the
following:
(1) A certification by a licensed elevator contractor that the
contractor is unable to secure, despite the contractor's best
efforts, licensed elevator mechanics to perform construction,
maintenance, or service and repair of elevators.
(2) An application on the form that the department provides.
(3) An emergency mechanic license renewal fee established
under IC 22-12-6-6. The license fee is nonrefundable and must
be paid each time an applicant submits an application.
(4) An affirmation by both the individual who would receive the
emergency license and the licensed elevator contractor under
penalty for perjury that all information provided to the
department is true to the best of their knowledge and belief.
As added by P.L.119-2002, SEC.25. Amended by P.L.2-2003,
SEC.61.
IC 22-15-5-14
Liability insurance requirement; exemptions; failure to file
certificate of insurance
Sec. 14. (a) This section does not apply to the following:
(1) An individual employed by the following:
(A) The state.
(B) A county.
(C) A municipality.
(D) A state educational institution.
(2) A state educational institution.
(b) The department may not issue an elevator inspector or elevator
contractor license until the applicant has filed with the department a
certificate of insurance indicating that the applicant has liability
insurance:
(1) in effect with an insurer that is authorized to write insurance
in Indiana; and
(2) that provides general liability coverage to a limit of at least:
(A) one million dollars ($1,000,000) for the injury or death
of any number of persons in any one (1) occurrence; and
(B) five hundred thousand dollars ($500,000) for property
damage in any one (1) occurrence.
(c) An insurance policy required under this section may include
a deductible clause if the clause provides that any settlement made
by the insurance company with an injured person or a personal
representative must be paid as though the deductible clause did not
apply.
(d) An insurance policy required under this section must provide
by the policy's original terms or an endorsement that the insurer may
not cancel the policy without:
(1) thirty (30) days written notice; and
(2) a complete report of the reasons for the cancellation to the
division.
(e) An insurance policy required under this section must provide
by the policy's original terms or an endorsement that the insurer shall
report to the department within twenty-four (24) hours after the
insurer pays a claim or reserves any amount to pay an anticipated
claim that reduces the liability coverage below the amounts
established in this section.
(f) If an insurance policy required under this section:
(1) is canceled during the policy's term;
(2) lapses for any reason; or
(3) has the policy's coverage fall below the required amount;
the license holder shall replace the policy with another policy that
complies with this section.
(g) If a license holder fails to file a certificate of insurance for
new or replacement insurance, the license holder:
(1) must cease all operations under the license immediately; and
(2) may not conduct further operations until the license holder
receives the approval of the department to resume operations
after the license holder complies with the requirements of this
section.
As added by P.L.119-2002, SEC.26. Amended by P.L.1-2006,
SEC.396; P.L.2-2007, SEC.313.
IC 22-15-5-15
Continuing education requirements; exemptions; temporary
waiver
Sec. 15. (a) This section does not apply to a licensed elevator
contractor that is not an individual.
(b) To renew a license issued under this licensing program, the
license holder must satisfy the continuing education requirement and
submit a proof of completion of training to the department.
(c) The continuing education requirement is at least eight (8)
hours of instruction that must be attended and completed within one
(1) year before a license renewal.
(d) The continuing education courses designed to ensure the
continuing education of an individual holding a license regarding
new and existing provisions of the rules of the commission may
include:
(1) programs sponsored by the commission;
(2) trade association seminars;
(3) labor training programs; or
(4) joint labor management apprenticeship and journeyman
upgrade training programs.
For an individual's completion of a continuing education course to
satisfy the individual's continuing education requirement under this
chapter, the continuing education provider, instructor and the
curriculum must have been approved by the department.
(e) All instructors of continuing education courses must be
approved by the department. If an instructor is approved by the
department, has worked as an instructor teaching a curriculum
approved by the department at any time within the year preceding the
expiration date of the license, and submits proof of this work to the
department, the instructor is exempt from the requirements of
subsection (c).
(f) Continuing education providers shall keep uniform records of
attendance at approved continuing education courses for at least ten
(10) years on forms designed and distributed by the department.
(g) A license holder who is unable to complete the continuing
education required under this chapter before the expiration of the
individual's license due to temporary physical or mental disability
may apply for a waiver from the department in accordance with the
following:
(1) A waiver application must be submitted to the department
on a form established by the department.
(2) A waiver application must be signed and accompanied by an
affidavit signed by the physician of the applicant attesting to the
applicant's temporary disability.
(h) After the cessation of the temporary disability, the applicant
must submit to the department a certification from the same
physician, if the physician is still the treating physician of the
applicant, or from a subsequent treating physician attesting to the
termination of the temporary disability.
(i) Upon the submission of the certification under subsection (h),
the department shall issue a temporary waiver of the continuing
education requirement. A temporary waiver is valid for ninety (90)
days after the date of issue and allows the individual to work as an
elevator contractor, elevator inspector, or elevator mechanic without
the completion of the continuing education requirement for ninety
(90) days.
(j) A temporary waiver of the continuing education requirement
may not be renewed.
As added by P.L.119-2002, SEC.27.
IC 22-15-5-16
Sanctions; disciplinary proceedings; license denial, suspension, and
revocation; appeals; costs
Sec. 16. (a) A practitioner shall comply with the standards
established under this licensing program. A practitioner is subject to
the exercise of the disciplinary sanctions under subsection (b) if the
department finds that a practitioner has:
(1) engaged in or knowingly cooperated in fraud or material
deception in order to obtain a license to practice, including
cheating on a licensing examination;
(2) engaged in fraud or material deception in the course of
professional services or activities;
(3) advertised services or goods in a false or misleading
manner;
(4) falsified or knowingly allowed another person to falsify
attendance records or certificates of completion of continuing
education courses provided under this chapter;
(5) been convicted of a crime that has a direct bearing on the
practitioner's ability to continue to practice competently;
(6) knowingly violated a state statute or rule or federal statute
or regulation regulating the profession for which the
practitioner is licensed;
(7) continued to practice although the practitioner has become
unfit to practice due to:
(A) professional incompetence;
(B) failure to keep abreast of current professional theory or
practice;
(C) physical or mental disability; or
(D) addiction to, abuse of, or severe dependency on alcohol
or other drugs that endanger the public by impairing a
practitioner's ability to practice safely;
(8) engaged in a course of lewd or immoral conduct in
connection with the delivery of services to the public;
(9) allowed the practitioner's name or a license issued under this
chapter to be used in connection with an individual or business
who renders services beyond the scope of that individual's or
business's training, experience, or competence;
(10) had disciplinary action taken against the practitioner or the
practitioner's license to practice in another state or jurisdiction
on grounds similar to those under this chapter;
(11) assisted another person in committing an act that would
constitute a ground for disciplinary sanction under this chapter;
or
(12) allowed a license issued by the department to be:
(A) used by another person; or
(B) displayed to the public when the license has expired, is
inactive, is invalid, or has been revoked or suspended.
For purposes of subdivision (10), a certified copy of a record of
disciplinary action constitutes prima facie evidence of a disciplinary
action in another jurisdiction.
(b) The department may impose one (1) or more of the following
sanctions if the department finds that a practitioner is subject to
disciplinary sanctions under subsection (a):
(1) Permanent revocation of a practitioner's license.
(2) Suspension of a practitioner's license.
(3) Censure of a practitioner.
(4) Issuance of a letter of reprimand.
(5) Assess a civil penalty against the practitioner in accordance
with the following:
(A) The civil penalty may not be more than one thousand
dollars ($1,000) for each violation listed in subsection (a),
except for a finding of incompetency due to a physical or
mental disability.
(B) When imposing a civil penalty, the department shall
consider a practitioner's ability to pay the amount assessed.
If the practitioner fails to pay the civil penalty within the
time specified by the department, the department may
suspend the practitioner's license without additional
proceedings. However, a suspension may not be imposed if
the sole basis for the suspension is the practitioner's inability
to pay a civil penalty.
(6) Place a practitioner on probation status and require the
practitioner to:
(A) report regularly to the department upon the matters that
are the basis of probation;
(B) limit practice to those areas prescribed by the
department;
(C) continue or renew professional education approved by
the department until a satisfactory degree of skill has been
attained in those areas that are the basis of the probation; or
(D) perform or refrain from performing any acts, including
community restitution or service without compensation, that
the department considers appropriate to the public interest or
to the rehabilitation or treatment of the practitioner.
The department may withdraw or modify this probation if the
department finds after a hearing that the deficiency that
required disciplinary action has been remedied or that changed
circumstances warrant a modification of the order.
(c) If an applicant or a practitioner has engaged in or knowingly
cooperated in fraud or material deception to obtain a license to
practice, including cheating on the licensing examination, the
department may rescind the license if it has been granted, void the
examination or other fraudulent or deceptive material, and prohibit
the applicant from reapplying for the license for a length of time
established by the department.
(d) The department may deny licensure to an applicant who has
had disciplinary action taken against the applicant or the applicant's
license to practice in another state or jurisdiction or who has
practiced without a license in violation of the law. A certified copy
of the record of disciplinary action is conclusive evidence of the
other jurisdiction's disciplinary action.
(e) The department may order a practitioner to submit to a
reasonable physical or mental examination if the practitioner's
physical or mental capacity to practice safely and competently is at
issue in a disciplinary proceeding. Failure to comply with a
department order to submit to a physical or mental examination
makes a practitioner liable to temporary suspension under subsection
(j).
(f) Except as provided under subsection (g) or (h), a license may
not be denied, revoked, or suspended because the applicant or holder
has been convicted of an offense. The acts from which the applicant's
or holder's conviction resulted may, however, be considered as to
whether the applicant or holder should be entrusted to serve the
public in a specific capacity.
(g) The department may deny, suspend, or revoke a license issued
under this chapter if the individual who holds the license is convicted
of any of the following:
(1) Possession of cocaine or a narcotic drug under IC 35-48-4-6.
(2) Possession of methamphetamine under IC 35-48-4-6.1.
(3) Possession of a controlled substance under IC 35-48-4-7(a).
(4) Fraudulently obtaining a controlled substance under
IC 35-48-4-7(b).
(5) Manufacture of paraphernalia as a Class D felony under
IC 35-48-4-8.1(b).
(6) Dealing in paraphernalia as a Class D felony under
IC 35-48-4-8.5(b).
(7) Possession of paraphernalia as a Class D felony under
IC 35-48-4-8.3(b).
(8) Possession of marijuana, hash oil, or hashish as a Class D
felony under IC 35-48-4-11.
(9) Maintaining a common nuisance under IC 35-48-4-13.
(10) An offense relating to registration, labeling, and
prescription forms under IC 35-48-4-14.
(11) Conspiracy under IC 35-41-5-2 to commit an offense listed
in subdivisions (1) through (10).
(12) Attempt under IC 35-41-5-1 to commit an offense listed in
subdivisions (1) through (10).
(13) An offense in any other jurisdiction in which the elements
of the offense for which the conviction was entered are
substantially similar to the elements of an offense described in
subdivisions (1) through (12).
(h) The department shall deny, revoke, or suspend a license issued
under this chapter if the individual who holds the license is convicted
of any of the following:
(1) Dealing in cocaine or a narcotic drug under IC 35-48-4-1.
(2) Dealing in methamphetamine under IC 35-48-4-1.1.
(3) Dealing in a schedule I, II, or III controlled substance under
IC 35-48-4-2.
(4) Dealing in a schedule IV controlled substance under
IC 35-48-4-3.
(5) Dealing in a schedule V controlled substance under
IC 35-48-4-4.
(6) Dealing in a substance represented to be a controlled
substance under IC 35-48-4-4.5.
(7) Knowingly or intentionally manufacturing, advertising,
distributing, or possessing with intent to manufacture, advertise,
or distribute a substance represented to be a controlled
substance under IC 35-48-4-4.6.
(8) Dealing in a counterfeit substance under IC 35-48-4-5.
(9) Dealing in marijuana, hash oil, or hashish under
IC 35-48-4-10(b).
(10) Conspiracy under IC 35-41-5-2 to commit an offense listed
in subdivisions (1) through (9).
(11) Attempt under IC 35-41-5-1 to commit an offense listed in
subdivisions (1) through (9).
(12) An offense in any other jurisdiction in which the elements
of the offense for which the conviction was entered are
substantially similar to the elements of an offense described in
subdivisions (1) through (11).
(13) A violation of any federal or state drug law or rule related
to wholesale legend drug distributors licensed under
IC 25-26-14.
(i) A decision of the department under subsections (b) through (h)
may be appealed to the commission under IC 4-21.5-3-7.
(j) The department may temporarily suspend a practitioner's
license under IC 4-21.5-4 before a final adjudication or during the
appeals process if the department finds that a practitioner represents
a clear and immediate danger to the public's health, safety, or
property if the practitioner is allowed to continue to practice.
(k) On receipt of a complaint or an information alleging that a
person licensed under this chapter has engaged in or is engaging in
a practice that jeopardizes the public health, safety, or welfare, the
department shall initiate an investigation against the person.
(l) Any complaint filed with the office of the attorney general
alleging a violation of this licensing program shall be referred to the
department for summary review and for its general information and
any authorized action at the time of the filing.
(m) The department shall conduct a fact finding investigation as
the department considers proper in relation to the complaint.
(n) The department may reinstate a license that has been
suspended under this section if, after a hearing, the department is
satisfied that the applicant is able to practice with reasonable skill,
safety, and competency to the public. As a condition of
reinstatement, the department may impose disciplinary or corrective
measures authorized under this chapter.
(o) The department may not reinstate a license that has been
revoked under this chapter. An individual whose license has been
revoked under this chapter may not apply for a new license until
seven (7) years after the date of revocation.
(p) The department shall seek to achieve consistency in the
application of sanctions authorized in this chapter. Significant
departures from prior decisions involving similar conduct must be
explained in the department's findings or orders.
(q) A practitioner may petition the department to accept the
surrender of the practitioner's license instead of having a hearing
before the commission. The practitioner may not surrender the
practitioner's license without the written approval of the department,
and the department may impose any conditions appropriate to the
surrender or reinstatement of a surrendered license.
(r) A practitioner who has been subjected to disciplinary sanctions
may be required by the commission to pay the costs of the
proceeding. The practitioner's ability to pay shall be considered when
costs are assessed. If the practitioner fails to pay the costs, a
suspension may not be imposed solely upon the practitioner's
inability to pay the amount assessed. The costs are limited to costs
for the following:
(1) Court reporters.
(2) Transcripts.
(3) Certification of documents.
(4) Photo duplication.
(5) Witness attendance and mileage fees.
(6) Postage.
(7) Expert witnesses.
(8) Depositions.
(9) Notarizations.
As added by P.L.119-2002, SEC.28. Amended by P.L.151-2006,
SEC.9; P.L.1-2007, SEC.161.