reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 25. Professions and Occupations › Article 33.5. Psychology Interjurisdictional Compact › Chapter 11. Rulemaking › 25-33.5-11-4. Notice of Proposed Rulemaking

Sec. 4. (a) Before promulgation and adoption of a final rule by the commission, and at least sixty (60) days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking as follows:
(1) On the commission's website.
(2) On:
(A) the website of each compact state's psychology regulatory authority; or
(B) the publication in which each state would otherwise publish proposed rules.
(b) The notice of proposed rulemaking shall include the following:
(1) The proposed time, date, and location of the meeting in which the rule will be considered and voted upon.
(2) The text of the proposed rule or amendment and the reason for the proposed rule or amendment.
(3) A request for comments on the proposed rule from any interested person.
(4) The manner in which an interested person may submit notice to the commission of the person's intention to attend the public hearing and any written comments.
As added by P.L.65-2022, SEC.2. Amended by P.L.11-2023, SEC.86.
2023 Indiana Code › Title 25. Professions and Occupations › Article 33.5. Psychology Interjurisdictional Compact › Chapter 11. Rulemaking › 25-33.5-11-5. Submitting Written Data, Facts, Opinions, and Arguments

Sec. 5. Before the adoption of a proposed rule, the commission shall allow a person to submit written data, facts, opinions, and arguments to the commission and the submission shall be made available to the public.
As added by P.L.65-2022, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 33.5. Psychology Interjurisdictional Compact › Chapter 11. Rulemaking › 25-33.5-11-6. Public Hearing; Notice; Considering Comments; Final Action on Proposed Rule

Sec. 6. (a) The commission shall grant an opportunity for a public hearing before the commission adopts a rule or amendment if a hearing is requested by:
(1) at least twenty-five (25) persons who submit comments independently of each other;
(2) a governmental subdivision or agency; or
(3) a duly appointed person in an association that has at least twenty-five (25) members.
(b) If a hearing is held on the proposed rule or amendment, the commission shall publish the location, time, and date of the scheduled public hearing.
(c) Any person wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of the person's desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.
(d) The hearing shall be conducted in a manner that provides each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
(e) No transcript of the hearing is required, unless a written request for the transcription is made. If a written request for a transcript is made, the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This subsection shall not preclude the commission from making a transcript or recording of the hearing if the commission chooses to do so.
(f) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
(g) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.
(h) The commission shall, by a majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
(i) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.
As added by P.L.65-2022, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 33.5. Psychology Interjurisdictional Compact › Chapter 11. Rulemaking › 25-33.5-11-7. Emergency Rules

Sec. 7. (a) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without:
(1) prior notice;
(2) opportunity for comment; or
(3) hearing;
provided that the usual rulemaking procedures provided in the compact and in this chapter shall be retroactively applied to the rule as soon as reasonably possible, and not later than ninety (90) days after the effective date of the rule.
(b) For the purposes of this section, an emergency rule is a rule that must be adopted immediately in order to:
(1) meet an imminent threat to public health, safety, or welfare;
(2) prevent a loss of commission or compact state funds;
(3) meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or
(4) protect public health and safety.
As added by P.L.65-2022, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 33.5. Psychology Interjurisdictional Compact › Chapter 11. Rulemaking › 25-33.5-11-8. Revising a Previously Adopted Rule; Opportunity to Challenge

Sec. 8. (a) The commission, or an authorized committee of the commission, may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the commission's Internet web site. The revision must be subject to challenge by any person for a period of thirty (30) days after posting.
(b) The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge must be made in writing and delivered to the chair of the commission before the end of the notice period.
(c) If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
As added by P.L.65-2022, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 33.5. Psychology Interjurisdictional Compact › Chapter 12. Oversight, Dispute Resolution, and Enforcement › 25-33.5-12-1. Compact Enforcement; Compact Standing as Statutory Law; Judicial Notice; Service of Process; Intervention

Sec. 1. (a) The executive, legislative, and judicial branches of state government in each compact state shall enforce the compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent.
(b) The provisions of this compact and the rules promulgated under the compact shall have standing as statutory law.
(c) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a compact state pertaining to the subject matter of the compact that may affect the powers, responsibilities, or actions of the commission.
(d) The commission shall be entitled to receive service of process in any proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact, or promulgated rules.
As added by P.L.65-2022, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 33.5. Psychology Interjurisdictional Compact › Chapter 12. Oversight, Dispute Resolution, and Enforcement › 25-33.5-12-2. Default; Termination From Compact

Sec. 2. (a) If the commission determines that a compact state has defaulted in the performance of the compact state's obligations or responsibilities under this compact or the promulgated rules, the commission shall provide the following:
(1) Written notice to the defaulting state and other compact states of the nature of the default, the proposed means of remedying the default, and any other action to be taken by the commission.
(2) Remedial training and specific technical assistance concerning the default.
(b) If a state in default fails to remedy the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compact states, and all rights, privileges, and benefits conferred by this compact shall be terminated on the effective date of termination. A remedy of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
As added by P.L.65-2022, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 33.5. Psychology Interjurisdictional Compact › Chapter 12. Oversight, Dispute Resolution, and Enforcement › 25-33.5-12-3. Terminating Membership; Notice of Intent; Responsibility for Obligations After Termination

Sec. 3. (a) Termination of membership in the compact shall be imposed only after all means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be submitted by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the compact states.
(b) A compact state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of the termination, including obligations that extend beyond the effective date of termination.
As added by P.L.65-2022, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 33.5. Psychology Interjurisdictional Compact › Chapter 12. Oversight, Dispute Resolution, and Enforcement › 25-33.5-12-4. Commission Responsibility for Costs Incurred

Sec. 4. The commission shall not bear any costs incurred by the state that is found to be in default or that has been terminated from the compact unless agreed upon in writing by the commission and defaulting state.
As added by P.L.65-2022, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 33.5. Psychology Interjurisdictional Compact › Chapter 12. Oversight, Dispute Resolution, and Enforcement › 25-33.5-12-5. Appeal; Costs and Attorney's Fees

Sec. 5. The defaulting state may appeal the action of the commission by petitioning the United States District Court for the state of Georgia or the federal district where the compact has the compact's principal offices. The prevailing member shall be awarded all costs of the litigation, including reasonable attorney's fees.
As added by P.L.65-2022, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 33.5. Psychology Interjurisdictional Compact › Chapter 12. Oversight, Dispute Resolution, and Enforcement › 25-33.5-12-6. Dispute Resolution

Sec. 6. (a) Upon request by a compact state, the commission shall attempt to resolve disputes that arise concerning the compact among compact states and between compact and noncompact states.
(b) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes that arise before the commission.
As added by P.L.65-2022, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 33.5. Psychology Interjurisdictional Compact › Chapter 12. Oversight, Dispute Resolution, and Enforcement › 25-33.5-12-7. Commission Enforcement of Compact Provisions and Rules

Sec. 7. The commission, in the reasonable exercise of the commission's discretion, shall enforce the provisions and rules of the compact.
As added by P.L.65-2022, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 33.5. Psychology Interjurisdictional Compact › Chapter 12. Oversight, Dispute Resolution, and Enforcement › 25-33.5-12-8. Legal Action by Commission Against State in Default; Relief

Sec. 8. (a) By a majority vote, the commission may initiate legal action in the United States District Court for the state of Georgia or the federal district where the compact has the compact's principal offices against a compact state in default to enforce compliance with the provisions of the compact and the commission's promulgated rules and bylaws.
(b) The relief sought may include both injunctive relief and damages.
(c) If judicial enforcement is necessary, the prevailing member shall be awarded all costs of the litigation, including reasonable attorney's fees.
As added by P.L.65-2022, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 33.5. Psychology Interjurisdictional Compact › Chapter 12. Oversight, Dispute Resolution, and Enforcement › 25-33.5-12-9. Remedies Not Exclusive

Sec. 9. The remedies in this chapter shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
As added by P.L.65-2022, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 33.5. Psychology Interjurisdictional Compact › Chapter 13. Date of Implementation of the Compact, Commission, and Rules; Withdrawal and Amendments › 25-33.5-13-1. Compact Effective Date

Sec. 1. The compact shall come into effect on the date on which the compact is enacted into law in the seventh compact state. The provisions that become effective shall be limited to the powers granted to the commission concerning assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
As added by P.L.65-2022, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 33.5. Psychology Interjurisdictional Compact › Chapter 13. Date of Implementation of the Compact, Commission, and Rules; Withdrawal and Amendments › 25-33.5-13-2. Application and Effect of Rules

Sec. 2. (a) Any state that joins the compact after the commission's initial adoption of the rules shall be subject to the rules as the rules exist on the date in which the compact becomes law in the state.
(b) Any rules that have been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in the state.
As added by P.L.65-2022, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 33.5. Psychology Interjurisdictional Compact › Chapter 13. Date of Implementation of the Compact, Commission, and Rules; Withdrawal and Amendments › 25-33.5-13-3. Withdrawal From Compact

Sec. 3. (a) Any compact state may withdraw from the compact by enacting a statute repealing the compact.
(b) A compact state's withdrawal shall not take effect until six (6) months after enactment of the repealing statute.
(c) Withdrawal from the compact shall not affect the continuing requirement of the withdrawing state's psychology regulatory authority to comply with the investigative and adverse action reporting requirements of this article before the effective date of withdrawal.
As added by P.L.65-2022, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 33.5. Psychology Interjurisdictional Compact › Chapter 13. Date of Implementation of the Compact, Commission, and Rules; Withdrawal and Amendments › 25-33.5-13-4. Agreements or Arrangements Between Compact and Noncompact States

Sec. 4. Nothing contained in the compact shall be construed to invalidate or prevent any psychology licensure agreement or other cooperative arrangement between a compact state and a noncompact state that does not conflict with the provisions of the compact.
As added by P.L.65-2022, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 33.5. Psychology Interjurisdictional Compact › Chapter 13. Date of Implementation of the Compact, Commission, and Rules; Withdrawal and Amendments › 25-33.5-13-5. Compact Amendment

Sec. 5. The compact may be amended by the compact states. No amendment to this compact shall become effective and binding upon any compact state until the amendment is enacted into the law of all compact states.
As added by P.L.65-2022, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 33.5. Psychology Interjurisdictional Compact › Chapter 14. Construction and Severability › 25-33.5-14-1. Liberal Construction; Severability

Sec. 1. This compact shall be liberally construed so as to effectuate the purposes of the compact. If the compact shall be held to be contrary to the constitution of any state member of the compact, the compact shall remain in full force and effect as to the remaining compact states.
As added by P.L.65-2022, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 1. Definitions and General Provisions › 25-34.1-1-1. Short Title

Sec. 1. This article shall be known as the "Real Estate Broker Licensing Act."
As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.127-2012, SEC.6.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 1. Definitions and General Provisions › 25-34.1-1-3. Nonconflicting Rules to Remain in Effect

Sec. 3. All rules adopted under the former IC 25-34 and in effect on December 31, 1979, which are not in conflict with this article shall remain in effect under IC 25-34.1 until they are amended or repealed.
As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.3-1990, SEC.91.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 1. Definitions and General Provisions › 25-34.1-1-4. Term of License

Sec. 4. Beginning July 1, 2014, licenses issued under this article are for a term of three (3) years and expire on the date set by the licensing agency.
As added by P.L.127-2012, SEC.8. Amended by P.L.200-2013, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 2. Creation of Commission › 25-34.1-2-1. Creation; Members; Appointments; Terms; Removal

Sec. 1. (a) The Indiana real estate commission is created.
(b) Subject to IC 25-1-6.5-3, the commission consists of the following:
(1) Nine (9) members who must be a resident of a congressional district for not less than one (1) year.
(2) One (1) real estate member at large. A member appointed under this subdivision may be appointed to the commission regardless of whether the member has been a resident in a congressional district for one (1) year.
(3) Two (2) citizen members at large.
A member described in subdivision (1) or (2) must have engaged in business as a license broker for not less than five (5) years. Citizen members at large shall be appointed to represent the general public, must be residents of Indiana, and must have never been associated with the real estate business in any way other than as a consumer.
(c) Each member of the commission shall be appointed by the governor under IC 25-1-6.5.
(d) A member of the commission may not hold a state or federal elective office.
(e) A member may be removed under IC 25-1-6.5-4.
As added by Acts 1979, P.L.248, SEC.1. Amended by Acts 1981, P.L.222, SEC.259; P.L.170-2002, SEC.128; P.L.249-2019, SEC.127; P.L.197-2021, SEC.12.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 2. Creation of Commission › 25-34.1-2-2. Officers; Term; Duties; Executive Director

Sec. 2. (a) The commission shall elect from its membership a chairman and a vice chairman. The chairman and vice chairman shall serve in that capacity for one (1) year and until a successor is elected. The chairman and vice chairman may serve consecutively no more than two (2) terms in that capacity. The chairman shall preside at all meetings. The vice chairman shall preside at meetings in the absence of the chairman and shall perform other duties as the chairman may direct.
(b) The licensing agency shall provide to the commission an executive director. The executive director may not be a member of the commission. The executive director shall:
(1) provide reasonable notice to all commission members of the time and place of each meeting;
(2) keep a record of all meetings, of all votes taken by the commission, and of all other proceedings, transactions, communications, official acts, and records of the commission;
(3) keep a current file of all licenses and licensees; and
(4) perform any other duties which the commission may prescribe.
As added by Acts 1979, P.L.248, SEC.1. Amended by Acts 1982, P.L.113, SEC.80; P.L.132-1984, SEC.43.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 2. Creation of Commission › 25-34.1-2-3. Meetings; Time and Place; Quorum; Written Consent to Action

Sec. 3. (a) The commission shall meet upon the call of the chairman or at the written request of any seven (7) members of the commission. The chairman shall establish the time and place of all meetings.
(b) A majority of the current members of the commission constitutes a quorum at a meeting for the purpose of transacting business. A majority vote of all members present at a meeting is necessary to bind the commission.
(c) Any action required or permitted to be taken at a meeting of the commission may be taken without a meeting if, prior to that action:
(1) a written consent to the action, either executed as a single document or in counterparts, is signed by all members of the commission; or
(2) all members orally consent to the action and subsequently confirm that consent in writing.
The written consent or confirmation shall set forth the action under consideration and shall be filed with the minutes of the meetings which are kept by the executive director. A written consent or a confirmed oral consent shall be treated for all purposes as a unanimous vote of the members and as though the vote had taken place at a regular meeting of the commission.
As added by Acts 1979, P.L.248, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 2. Creation of Commission › 25-34.1-2-4. Compensation of Members; Expenses

Sec. 4. (a) Each member is entitled to the minimum salary per diem as provided in IC 4-10-11-2.1(b).
(b) Each member is entitled to reimbursement for traveling and other expenses, as provided in the state travel policies and procedures established by the department of administration and approved by the state budget agency.
(c) The compensation and expenses of the commission members and the expenses of the commission shall be paid out of the general fund of the state.
As added by Acts 1979, P.L.248, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 2. Creation of Commission › 25-34.1-2-5. Powers of Commission

Sec. 5. The commission may:
(1) administer and enforce the provisions of this article;
(2) adopt rules in accordance with IC 4-22-2 and prescribe forms for licenses, applications, and other documents which are necessary or appropriate for the administration and enforcement of this article;
(3) issue, deny, suspend, and revoke licenses in accordance with this article, which licenses shall remain the property of the commission;
(4) subject to IC 25-1-7, investigate complaints concerning licensees or persons the commission has reason to believe should be licensees, including complaints respecting failure to comply with this article or the rules, and, when appropriate, take action pursuant to IC 25-34.1-6;
(5) bring actions, in the name of the state of Indiana, in an appropriate circuit court, superior court, or probate court in order to enforce compliance with this article or the rules;
(6) inspect the records of a licensee in accordance with rules and standards prescribed by the commission;
(7) conduct, or designate a member or other representative to conduct, public hearings on any matter for which a hearing is required under this article and exercise all powers granted in IC 4-21.5;
(8) adopt a seal containing the words "Indiana Real Estate Commission" and, through its executive director, certify copies and authenticate all acts of the commission;
(9) utilize counsel, consultants, and other persons who are necessary or appropriate to administer and enforce this article and the rules;
(10) enter into contracts and authorize expenditures that are necessary or appropriate, subject to IC 25-1-6, to administer and enforce this article and the rules;
(11) maintain the commission's office, files, records, and property in the city of Indianapolis;
(12) grant, deny, suspend, and revoke approval of examinations and courses of study as provided in IC 25-34.1-5;
(13) provide for the filing and approval of surety bonds which are required by IC 25-34.1-5;
(14) adopt rules in accordance with IC 4-22-2 necessary for the administration of the investigative fund established under IC 25-34.1-8-7.5;
(15) adopt emergency rules under IC 4-22-2-37.1 to adopt any or all parts of Uniform Standards of Professional Appraisal Practice (USPAP), including the comments to the USPAP, as published by the Appraisal Standards Board of the Appraisal Foundation, under the authority of Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act (12 U.S.C. 3331-3351);
(16) exercise other specific powers conferred upon the commission by this article; and
(17) adopt rules under IC 4-22-2 governing education, including prelicensing, postlicensing, and continuing education.
As added by Acts 1979, P.L.248, SEC.1. Amended by Acts 1981, P.L.222, SEC.260; P.L.7-1987, SEC.129; P.L.145-2003, SEC.8; P.L.177-2009, SEC.58; P.L.127-2012, SEC.9; P.L.200-2013, SEC.3; P.L.84-2016, SEC.113.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 2. Creation of Commission › 25-34.1-2-5.1. Standards for Competent Practice; Rules

Sec. 5.1. The commission shall adopt rules establishing standards for the competent practice of the various occupations regulated in this article.
As added by Acts 1981, P.L.222, SEC.261.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 2. Creation of Commission › 25-34.1-2-6. Repealed

As added by Acts 1979, P.L.248, SEC.1. Amended by Acts 1981, P.L.222, SEC.262; P.L.145-2003, SEC.9; P.L.87-2006, SEC.1; P.L.177-2006, SEC.10. Repealed by P.L.57-2007, SEC.9.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 2. Creation of Commission › 25-34.1-2-7. Report of Funds; Deposit; Payment of Expenses; Fee for Investigative Fund

Sec. 7. (a) Except as provided in subsection (b), all funds collected under this article shall, at the end of each month, be reported to the auditor of state and deposited with the treasurer of state for deposit in the general fund. All expenses incurred in the administration of this article shall be paid from the general fund.
(b) The commission shall establish a fee of not more than twenty dollars ($20) for real estate brokers to provide funds for the purpose of administering and enforcing the provisions of this article, including investigating and taking enforcement action against real estate fraud and real estate appraisal fraud. All funds collected under this subsection shall be deposited in the investigative fund established by IC 25-34.1-8-7.5.
As added by P.L.57-2007, SEC.2. Amended by P.L.127-2012, SEC.10.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 3. Licensing › 25-34.1-3-1. Registration or License Requirements; Fees or Charges

Sec. 1. Any agency or political subdivision of the state other than the commission may not impose any registration or license requirement or any license or employment fee or charge on licensees on account of activities defined in IC 25-34.1.
As added by Acts 1979, P.L.248, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 3. Licensing › 25-34.1-3-3. Repealed

As added by Acts 1979, P.L.248, SEC.1. Amended by Acts 1981, P.L.222, SEC.263. Repealed by Acts 1982, P.L.156, SEC.4.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 3. Licensing › 25-34.1-3-3.1. Repealed

As added by Acts 1982, P.L.156, SEC.2. Amended by P.L.255-1987, SEC.2; P.L.214-1993, SEC.82; P.L.128-1994, SEC.2; P.L.236-1995, SEC.49; P.L.182-1996, SEC.1; P.L.194-2005, SEC.85; P.L.157-2006, SEC.71; P.L.105-2008, SEC.62. Repealed by P.L.127-2012, SEC.12.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 3. Licensing › 25-34.1-3-4. Repealed

As added by Acts 1979, P.L.248, SEC.1. Amended by Acts 1981, P.L.222, SEC.264. Repealed by Acts 1982, P.L.156, SEC.4.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 3. Licensing › 25-34.1-3-4.5. Broker Compensation

Sec. 4.5. (a) A broker company may pay compensation directly to a business entity that is owned by a broker and associated with the broker company and that has been formed for the purpose of receiving compensation earned by the broker.
(b) A business entity that receives compensation from a broker company as provided for in this section:
(1) is not required to be licensed as a broker company; and
(2) must be owned:
(A) solely by the broker; or
(B) by the broker and the broker's spouse, if the spouse is not licensed.
As added by P.L.32-2020, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 3. Licensing › 25-34.1-3-5. Licensing of Nonresident; Consent to Service of Process; Waiver

Sec. 5. (a) A resident of another state who meets the requirements of this chapter may be licensed.
(b) A nonresident broker shall file with the commission a written consent that any action arising out of the conduct of the licensee's business in Indiana may be commenced in any county of this state in which the cause of action accrues. The consent shall provide that service of process may be made upon the commission, as agent for the nonresident licensee, and that service in accordance with the Indiana Rules of Trial Procedure subjects the licensee to the jurisdiction of the courts in that county.
(c) The requirements of subsections (a) and (b) may be waived for individuals who reside in or are moving from other jurisdictions if the following requirements are met:
(1) The jurisdiction grants the same privilege to the licensees of this state.
(2) The individual is licensed in that jurisdiction.
(3) The licensing requirements of that jurisdiction are substantially similar to the requirements of this chapter.
(4) The applicant states that the applicant has studied, is familiar with, and will abide by the statutes and rules of this state.
However, subdivision (1) need not be met in order for the requirements of subsections (a) and (b) to be waived in the case of an individual moving to Indiana from another jurisdiction.
As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.255-1987, SEC.4; P.L.64-2004, SEC.19; P.L.127-2012, SEC.14; P.L.116-2015, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 3. Licensing › 25-34.1-3-6. Change of Name, Business Address, or Association of Licensee or Managing Broker

Sec. 6. Each licensee and each licensee's managing broker, if any, shall notify the commission immediately of any change of name, name under which the licensee transacts business, business address, or association.
As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.127-2012, SEC.15.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 3. Licensing › 25-34.1-3-8. Real Estate Appraiser Licensure and Certification Program; Necessity for Licensure or Certification

Sec. 8. (a) This section does not preclude a person who:
(1) is not licensed or certified as a real estate appraiser under this section; and
(2) is licensed as a broker under this article;
from appraising real estate in Indiana for compensation.
(b) As used in this section, "federal act" refers to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act (12 U.S.C. 3331 through 3351).
(c) The commission shall adopt rules to establish a real estate appraiser licensure and certification program to be administered by the board.
(d) The commission may not adopt rules under this section except upon the action and written recommendations of the board under IC 25-34.1-8-6.5.
(e) The real estate appraiser licensure and certification program established by the commission under this section must meet the requirements of:
(1) the federal act;
(2) any federal regulations adopted under the federal act; and
(3) any other requirements established by the commission as recommended by the board, including requirements for education, experience, examination, reciprocity, and temporary practice.
(f) The real estate appraiser licensure and certification requirements established by the commission under this section must require a person to meet the standards for real estate appraiser certification and licensure established:
(1) under the federal act;
(2) by federal regulations; and
(3) under any other requirements established by the commission as recommended by the board, including requirements for education, experience, examination, reciprocity, and temporary practice.
(g) The commission may require continuing education as a condition of renewal for real estate appraiser licensure and certification.
(h) The following are not required to be a licensed or certified real estate appraiser to perform the requirements of IC 6-1.1-4:
(1) A county assessor.
(2) A township assessor.
(3) An employee of a county or township assessor.
(i) Notwithstanding IC 25-34.1-3-2(a):
(1) only a person who receives a license or certificate issued under the real estate appraiser licensure and certification program established under this section may appraise real estate involved in transactions governed by:
(A) the federal act; and
(B) any regulations adopted under the federal act;
as determined under rules adopted by the commission, as recommended by the board; and
(2) a person who receives a license or certificate issued under the real estate appraiser licensure and certification program established under this section may appraise real estate not involved in transactions governed by:
(A) the federal act; and
(B) any regulations adopted under the federal act;
as determined under rules adopted by the commission, as recommended by the board.
As added by P.L.186-1990, SEC.12. Amended by P.L.183-1991, SEC.7; P.L.57-2007, SEC.3; P.L.146-2008, SEC.530.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 3. Licensing › 25-34.1-3-9. Repealed

As added by P.L.186-1990, SEC.13. Amended by P.L.183-1991, SEC.8; P.L.145-2003, SEC.10; P.L.87-2006, SEC.2; P.L.177-2006, SEC.11. Repealed by P.L.57-2007, SEC.9.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 3. Licensing › 25-34.1-3-9.5. Fees; Real Estate Appraiser Licensure and Certification Program

Sec. 9.5. (a) The commission shall establish fees under IC 25-1-8-2 to implement section 8 of this chapter.
(b) Notwithstanding IC 25-1-8-2, a fee established under IC 25-1-8-2 to implement section 8 of this chapter may not be less than fifty dollars ($50).
(c) The commission shall establish fees to provide funding for the investigative fund established by IC 25-34.1-8-7.5. The fees under this subsection may not be more than twenty dollars ($20).
(d) The board may collect a fee required by federal law and transmit the fees to the federal government as required by federal law.
(e) A fee described in subsection (a) is in addition to any fees required by federal law.
As added by P.L.57-2007, SEC.4.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 3. Licensing › 25-34.1-3-10. Inactive License Requirements; Continuing Education; Reactivation Requirements

Sec. 10. (a) A broker licensed under section 4.1 of this chapter may apply for and receive an inactive license from the commission.
(b) An individual may not be granted an inactive license without the approval of the commission if a disciplinary or suspension hearing is pending against the individual.
(c) An individual with an inactive license:
(1) may not perform an act that requires a broker's license;
(2) is not required to fulfill the continuing education requirements under IC 25-34.1-9;
(3) is required to pay any fees that a licensee is required to pay; and
(4) must fulfill the:
(A) requirements under IC 25-34.1-9-11 for the current licensing period; or
(B) postlicensing education requirements as described in subsection (f);
whichever is applicable, before applying for reactivation of the individual's license.
(d) Notwithstanding IC 25-34.1-9-11(2), the commission may adopt rules under IC 4-22-2 establishing continuing education requirements for individuals who have reactivated a license with less than twelve (12) months remaining in the licensing period.
(e) A valid inactive salesperson license issued before July 1, 2014, under subsection (a), becomes a broker's license on July 1, 2014.
(f) Notwithstanding subsection (c), an individual whose salesperson's license becomes a broker's license under subsection (e) may not perform an act that requires a broker's license under this article unless the individual does all of the following:
(1) Completes at least twenty-four (24) hours of the education described in IC 25-34.1-5-5.
(2) Meets the requirements to be a licensed broker under IC 25-34.1-3-4.1.
(3) Attests to the commission that the individual has completed the twenty-four (24) hours of education described in subdivision (1).
(g) Beginning July 1, 2014, a person who was licensed as a salesperson under section 3.1 of this chapter, before its repeal, and who applies for reactivation must complete the twenty-four (24) hour course required to become a broker under this article. The course described under this subsection may count toward the person's continuing education requirements.
(h) Beginning June 30, 2014, a broker licensed after June 30, 2014, who becomes inactive before completing the thirty (30) hour postlicensing education required under section 4.1(f) of this chapter, must complete the thirty (30) hours of postlicensure education before reactivation of the broker's license.
As added by P.L.120-1992, SEC.1. Amended by P.L.157-2006, SEC.73; P.L.127-2012, SEC.16; P.L.200-2013, SEC.4; P.L.200-2013, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 3. Licensing › 25-34.1-3-10.5. "Referral Status"

Sec. 10.5. (a) For purposes of this section, "referral status" means that the commission has granted an applicant of a license a waiver under IC 25-34.1-9-19 as a result of the applicant meeting the requirements under IC 25-34.1-9-19(2).
(b) For purposes of this section, "salesperson" has the meaning set forth in IC 25-34.1-1-2(5) (before that subdivision was removed).
(c) For purposes of this section, "salesperson's license" means a license issued under section 3.1 of this chapter (before its repeal).
(d) Subject to subsection (e), the following applies to an individual whose salesperson's license is in referral status on June 30, 2014:
(1) On July 1, 2014, the salesperson's license of the individual becomes a broker's license under this article.
(2) The individual may continue to make referrals to a licensed broker after June 30, 2014.
(e) An individual whose salesperson's license becomes a broker's license under subsection (d) may only make referrals to a licensed broker and may not perform any other act that requires a broker's license under this article unless the individual does all of the following:
(1) Completes at least twenty-four (24) hours of the education described in IC 25-34.1-5-5.
(2) Meets the requirements to be a licensed broker under IC 25-34.1-3-4.1.
(3) Attests to the commission that the individual has completed the twenty-four (24) hours of education described in subdivision (1).
(f) If:
(1) a broker is licensed under this article after June 30, 2014; and
(2) the broker's license is placed on referral status before the broker completes the thirty (30) hours of postlicensing education required under section 4.1(f) of this chapter;
the broker must complete the thirty (30) hours of postlicensing education before the broker's license may be moved from referral status and the broker may perform acts that require a broker's license under this article beyond making referrals to licensed brokers.
As added by P.L.127-2012, SEC.17.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 3. Licensing › 25-34.1-3-12. Criminal Convictions

Sec. 12. A licensee who is convicted of a crime (as defined in IC 33-23-1-4) shall send a copy of the:
(1) complaint or other information that describes the crime; and
(2) judgment of conviction;
to the commission not more than thirty (30) days after the date of the conviction.
As added by P.L.87-2006, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 4. Principal Brokers › 25-34.1-4-0.5. Prerequisites to Becoming a Managing Broker

Sec. 0.5. Except as provided in section 6 of this chapter, to become a managing broker, an individual must:
(1) hold an active broker's license for at least two (2) years; and
(2) take and pass at least twenty-four (24) hours of broker management courses approved by the commission.
As added by P.L.127-2012, SEC.19. Amended by P.L.116-2015, SEC.4.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 4. Principal Brokers › 25-34.1-4-0.6. Real Estate Schools

Sec. 0.6. Beginning July 1, 2013, a real estate school may offer courses described in section 0.5(2) of this chapter. An individual who takes and passes a course offered under this section is entitled to credit under section 0.5(2) of this chapter for the hours taken and passed under the course, regardless of whether the individual takes and passes the course before, on, or after July 1, 2014.
As added by P.L.200-2013, SEC.6.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 4. Principal Brokers › 25-34.1-4-1. Responsibilities of Broker Company

Sec. 1. A broker company and its managing broker are responsible under this article for the actions of any broker who is associated with the broker company. Any broker company that maintains two (2) or more separate offices for associated licensees shall notify the commission of the name and address of the broker who manages each office.
As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.127-2012, SEC.20; P.L.116-2015, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 4. Principal Brokers › 25-34.1-4-2. Partnership, Corporation, or Limited Liability Company as Broker Company

Sec. 2. Except as provided in IC 23-1.5, a partnership broker, corporate broker, or limited liability company broker:
(1) may act only as a broker company; and
(2) shall designate to the commission a managing broker who meets the requirements for managing brokers set forth in IC 25-34.1-3-4.1 to be primarily responsible to the commission for its actions.
As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.128-1994, SEC.4; P.L.229-1995, SEC.7; P.L.127-2012, SEC.21; P.L.116-2015, SEC.6.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 4. Principal Brokers › 25-34.1-4-3. Residency Requirements of Managing Brokers; Certain Nonresidents May Be Managing Brokers

Sec. 3. (a) Except as provided in subsection (b), each individual who is a managing broker shall be a resident of Indiana.
(b) A nonresident may be a managing broker if none of the licensees associated with the managing broker's broker company are residents of Indiana.
As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.128-1994, SEC.5; P.L.64-2004, SEC.21; P.L.127-2012, SEC.22; P.L.116-2015, SEC.7.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 4. Principal Brokers › 25-34.1-4-3.1. Individuals Who Became Managing Brokers on July 1, 2014

Sec. 3.1. An individual who, on June 30, 2014, was:
(1) a principal broker; or
(2) the designated individual broker under IC 25-34.1-4-2 (as in effect on June 30, 2014) of a partnership broker, corporate broker, or limited liability company broker;
became a managing broker on July 1, 2014.
As added by P.L.116-2015, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 4. Principal Brokers › 25-34.1-4-4. Independent Contractor Relationship

Sec. 4. Notwithstanding IC 23-1.5, the association of a broker with a broker company, as provided by this article, creates an independent contractor relationship unless otherwise specified by a written contract entered into by the broker company and the broker.
As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.229-1995, SEC.8; P.L.127-2012, SEC.23; P.L.116-2015, SEC.9.
2023 Indiana Code › Title 25. Professions and Occupations › Article 34.1. Real Estate Brokers and Salespersons › Chapter 4. Principal Brokers › 25-34.1-4-5. Trust Accounts

Sec. 5. (a) Each broker company:
(1) shall keep in one (1) or more trust accounts (interest or noninterest bearing) all funds belonging to others that come into the possession of the broker company or of any broker whose license the broker company is holding; and
(2) shall clearly identify any account containing those funds as a trust account.
The trust accounts shall contain all earnest money deposits, funds held for closing escrows, sale proceeds not yet disbursed, and all other funds belonging to others.
(b) The broker company shall not use any trust account for the deposit of any personal funds or other business funds and shall keep a detailed record of the funds and any interest accrued in each trust account that identifies the amount of funds held for each beneficiary. Any interest earned shall be held for the beneficiary.
(c) Upon:
(1) the death of the sole proprietor, in the case of a sole proprietorship broker company;
(2) the termination of a broker company; or
(3) the expiration, revocation, or suspension of a broker company's license;
the commission shall take custody of each trust account of the broker company and may appoint a successor trustee to protect and distribute the proceeds of that account.
As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.255-1987, SEC.5; P.L.114-2010, SEC.22; P.L.127-2012, SEC.24; P.L.116-2015, SEC.10.