reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 25. Professions and Occupations › Article 4. Architects › Chapter 2. Landscape Architects Certification › 25-4-2-11. Practice by Firm

Sec. 11. (a) For purposes of this section, "firm" means a corporation, partnership, limited liability company, or sole proprietorship.
(b) The practice of or an offer to practice landscape architecture by a firm may occur through an individual if the individual:
(1) is in direct control of the landscape architecture practice;
(2) exercises direct supervision of all personnel who act on behalf of the firm in landscape architecture professional and technical matters; and
(3) holds a current registration under this chapter.
No firm doing business in Indiana may use the term or title "landscape architect", "landscape architecture", or "landscape architectural" or advertise any title or description tending to convey the impression that the firm employs a practitioner unless the firm employs a practitioner. The name of a practitioner employed by the firm must appear whenever the name of the firm is used in the professional practice of landscape architecture. Any plans, sheets of designs, or specifications prepared by the personnel of the firm must carry the signature and seal of the practitioner who is responsible for supervising the landscape architecture work.
As added by Acts 1981, P.L.225, SEC.2. Amended by P.L.242-1985, SEC.12; P.L.82-2000, SEC.18.
2023 Indiana Code › Title 25. Professions and Occupations › Article 4. Architects › Chapter 2. Landscape Architects Certification › 25-4-2-12. Standards of Competency

Sec. 12. The board shall adopt standards of competency for the practice of landscape architecture in accordance with IC 4-22-2.
As added by Acts 1981, P.L.225, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 4. Architects › Chapter 2. Landscape Architects Certification › 25-4-2-13. Continuing Education and Training; Requirements

Sec. 13. (a) The board may adopt rules under IC 4-22-2 to do the following:
(1) Require continuing education and training for landscape architects.
(2) Set minimum requirements for continuing education and training for landscape architects.
(3) Set minimum requirements for continuing education instructors approved by the board.
(b) The rules adopted under this section must require a landscape architect to comply with the following:
(1) The landscape architect shall provide the board with a sworn statement signed by the landscape architect that the landscape architect has fulfilled the continuing education requirements required by the board.
(2) The requirements under IC 25-1-4.
As added by P.L.23-2003, SEC.2. Amended by P.L.157-2006, SEC.24.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.1. Athletic Trainers › Chapter 1. Definitions › 25-5.1-1-0.5. Exemptions From Article

Sec. 0.5. This article does not apply to an individual who meets the following conditions:
(1) Is not a resident of Indiana.
(2) Is employed for the primary purpose of providing athletic training services for an athletic or sports organization in another jurisdiction.
(3) Provides athletic training services in Indiana related to the training or participation of a specific event but does not provide athletic training services in Indiana for more than thirty-five (35) consecutive days.
As added by P.L.87-2000, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.1. Athletic Trainers › Chapter 1. Definitions › 25-5.1-1-2. Athletic Injury

Sec. 2. "Athletic injury" refers to an injury sustained by a physically active individual as a result of the individual's participation in:
(1) an exercise;
(2) a sport;
(3) a game; or
(4) a recreational activity;
requiring physical strength, agility, flexibility, range of motion, speed, or stamina. The term includes any comparable injury that impedes the individual's participation in any of the activities listed in this section.
As added by P.L.213-1993, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.1. Athletic Trainers › Chapter 1. Definitions › 25-5.1-1-3. "Athletic Trainer"

Sec. 3. "Athletic trainer" means an individual who is or may be employed by an educational institution, a professional or an amateur athletic organization, an occupational or athletic facility, or a health care facility to practice athletic training.
As added by P.L.213-1993, SEC.5. Amended by P.L.252-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.1. Athletic Trainers › Chapter 1. Definitions › 25-5.1-1-4. "Athletic Training"

Sec. 4. (a) "Athletic training" means the practice of prevention, recognition, assessment, athletic training diagnosis, management, treatment, disposition, rehabilitation, and reconditioning of athletic injuries under the direction and supervision of a licensed physician, osteopath, podiatrist, or chiropractor. However, in a clinic accessible to the general public, the term means practicing athletic training only upon the referral, order, and supervision of a licensed physician, osteopath, podiatrist, chiropractor, or specific licensed designees such as nurse practitioners or physician assistants. The term includes the following:
(1) Practice that may be conducted by an athletic trainer through the use of heat, light, sound, cold, electricity, manual therapies, exercise, rehabilitation, or mechanical devices related to the care and the reconditioning of athletes.
(2) The organization and administration of educational programs and athletic facilities.
(3) The education and the counseling of the public on matters related to athletic training.
(b) The term does not include joint manipulation of the spinal column.
As added by P.L.213-1993, SEC.5. Amended by P.L.84-1998, SEC.7; P.L.252-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.1. Athletic Trainers › Chapter 1. Definitions › 25-5.1-1-5. Board

Sec. 5. "Board" refers to the Indiana athletic trainers board established by IC 25-5.1-2-1.
As added by P.L.213-1993, SEC.5. Amended by P.L.84-1998, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.1. Athletic Trainers › Chapter 1. Definitions › 25-5.1-1-10. "Manual Therapies"

Sec. 10. "Manual therapies" means soft tissue techniques, massage, and low-velocity, non-thrust joint mobilization.
As added by P.L.252-2023, SEC.6.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.1. Athletic Trainers › Chapter 1. Definitions › 25-5.1-1-11. "Supervision"

Sec. 11. "Supervision" means:
(1) advising;
(2) consenting to; or
(3) directing the activities of;
an athletic trainer through written or oral orders. The term includes ensuring that the referral of athletic injuries is appropriate to the athletic trainer's level of training and experience.
As added by P.L.252-2023, SEC.7.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.1. Athletic Trainers › Chapter 2. Indiana Athletic Trainers Board › 25-5.1-2-1. Board Established

Sec. 1. The Indiana athletic trainers board is established.
As added by P.L.213-1993, SEC.5. Amended by P.L.84-1998, SEC.9.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.1. Athletic Trainers › Chapter 2. Indiana Athletic Trainers Board › 25-5.1-2-2. Members

Sec. 2. (a) The board consists of five (5) members appointed by the governor as follows:
(1) One (1) member who is a medical doctor, osteopath, podiatrist, or chiropractor, involved in the practice of sports medicine.
(2) Three (3) members who are athletic trainers engaged in the practice of athletic training in Indiana for at least two (2) years immediately preceding their appointment.
(3) One (1) member representing the public who is a resident of Indiana and who is not associated with athletic training.
(b) In making the appointments described in subsection (a), the governor shall make appointments according to IC 25-1-6.5-3.
As added by P.L.213-1993, SEC.5. Amended by P.L.249-2019, SEC.52.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.1. Athletic Trainers › Chapter 2. Indiana Athletic Trainers Board › 25-5.1-2-3. Continuation of Practice

Sec. 3. An individual appointed to the board who is an athletic trainer must continue to practice athletic training in Indiana while serving as a member of the board.
As added by P.L.213-1993, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.1. Athletic Trainers › Chapter 2. Indiana Athletic Trainers Board › 25-5.1-2-4. Terms of Office; Removal of Members

Sec. 4. (a) The term of office for each member of the board is specified under IC 25-1-6.5.
(b) A member of the board may be removed under IC 25-1-6.5-4.
As added by P.L.213-1993, SEC.5. Amended by P.L.249-2019, SEC.53; P.L.101-2020, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.1. Athletic Trainers › Chapter 2. Indiana Athletic Trainers Board › 25-5.1-2-5. Vacancies

Sec. 5. A vacancy on the board shall be filled under IC 25-1-6.5.
As added by P.L.213-1993, SEC.5. Amended by P.L.249-2019, SEC.54.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.1. Athletic Trainers › Chapter 2. Indiana Athletic Trainers Board › 25-5.1-2-6. Powers and Duties

Sec. 6. The board shall do the following:
(1) Organize by electing a president, vice president, and secretary.
(2) Adopt rules under IC 4-22-2 to do the following:
(A) Provide for the licensure of athletic trainers.
(B) Fix application fees, examination fees, and licensure fees.
(C) Establish standards for the practice of athletic training under this article.
(D) Establish standards for continuing education that conform with the standards of the BOC.
(E) Otherwise implement this article.
(3) Prescribe the application forms to be furnished to all persons seeking to be licensed under this article.
(4) Prescribe the form and design of the license to be issued under this article.
(5) Conduct hearings, keep records of proceedings, and do all things necessary to properly administer and enforce this article.
(6) Publish and make available the following upon request and for a fee not to exceed the actual cost of printing and mailing:
(A) Requirements for issuance of an athletic trainer's license under this article.
(B) Rules adopted under this article.
(7) Maintain and make available as required by IC 4-1-6 and IC 5-14-3 a register of each licensed athletic trainer in Indiana, including each licensed athletic trainer's last known address and the expiration date and identification number of the licensed athletic trainer's license.
As added by P.L.213-1993, SEC.5. Amended by P.L.84-1998, SEC.10; P.L.252-2023, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.1. Athletic Trainers › Chapter 2. Indiana Athletic Trainers Board › 25-5.1-2-7. Compensation of Members

Sec. 7. (a) Each member of the board who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
(b) Each member of the board who is a state employee is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
As added by P.L.213-1993, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.1. Athletic Trainers › Chapter 3. Licensing; Examination › 25-5.1-3-1. License Requirements

Sec. 1. (a) To qualify for a license under this article, an individual must satisfy the following requirements:
(1) Satisfactorily complete an application for licensure in accordance with the rules adopted by the board.
(2) Pay the application fees, examination fees, and licensure fees established by the board.
(3) Not have been convicted of a crime that has a direct bearing on the applicant's ability to practice competently as determined by the board.
(4) Not have had disciplinary action taken against the applicant or the applicant's license by the board or by the licensing agency of another state or jurisdiction by reason of the applicant's inability to safely practice athletic training with those reasons for discipline still being valid as determined by the board.
(5) Show to the satisfaction of the board that the applicant has received a professional athletic training degree from a postsecondary educational institution that meets the academic standards for athletic trainers established by the CAATE and described in subsection (b).
(6) Except to the extent that section 6 of this chapter applies, successfully pass the qualifying examination adopted by the board.
(b) The minimum academic standards for athletic trainers licensed under this article as required under subsection (a)(5) include the satisfactory completion of a CAATE accredited professional athletic training program and successful completion of the BOC examination.
As added by P.L.213-1993, SEC.5. Amended by P.L.84-1998, SEC.11; P.L.87-2000, SEC.2; P.L.173-2001, SEC.1; P.L.2-2007, SEC.318; P.L.252-2023, SEC.9.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.1. Athletic Trainers › Chapter 3. Licensing; Examination › 25-5.1-3-1.5. Temporary Licenses

Sec. 1.5. (a) If a person meets each of the requirements of section 1 of this chapter other than the requirement under section 1(a)(6), the board may issue a temporary license to the person.
(b) A temporary license issued under this section is valid for not more than ninety (90) days after the date of issuance.
As added by P.L.173-2001, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.1. Athletic Trainers › Chapter 3. Licensing; Examination › 25-5.1-3-2. Issuance of Licenses

Sec. 2. Except as provided in section 3 of this chapter, the board shall issue a license to an individual who:
(1) meets the conditions set out in section 1 of this chapter; and
(2) is otherwise qualified for licensure under this article.
As added by P.L.213-1993, SEC.5. Amended by P.L.84-1998, SEC.12.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.1. Athletic Trainers › Chapter 3. Licensing; Examination › 25-5.1-3-3. Refusal to Issue Licenses

Sec. 3. The board may refuse to issue a license to an applicant for licensure under section 1 or 1.5 of this chapter if:
(1) the board determines during the application process that the applicant committed an act that would have subjected the applicant to disciplinary sanction under section 1(a)(4) of this chapter if the applicant had been:
(A) certified before July 1, 1998; or
(B) licensed after June 30, 1998;
in Indiana when the act occurred; or
(2) the applicant has had a:
(A) certificate revoked under IC 25-1-1.1 before July 1, 1998; or
(B) license revoked under IC 25-1-1.1 after June 30, 1998.
As added by P.L.213-1993, SEC.5. Amended by P.L.84-1998, SEC.13; P.L.87-2000, SEC.3; P.L.173-2001, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.1. Athletic Trainers › Chapter 3. Licensing; Examination › 25-5.1-3-4. Expiration of Licenses; Renewal

Sec. 4. (a) Subject to IC 25-1-2-6(e), after a three (3) year renewal cycle ending December 31, 2017, a license issued by the board expires on a date established by the agency under IC 25-1-5-4 in each odd-numbered year.
(b) An individual may renew a license by paying a renewal fee not later than the expiration date of the license.
(c) If an individual fails to timely pay a renewal fee as required by subsection (b), the individual's license becomes invalid without any action being taken by the board.
As added by P.L.213-1993, SEC.5. Amended by P.L.84-1998, SEC.14; P.L.1-2006, SEC.421; P.L.177-2015, SEC.14.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.1. Athletic Trainers › Chapter 3. Licensing; Examination › 25-5.1-3-5. Renewal of Expired Licenses

Sec. 5. (a) Except as provided in subsection (b), an individual whose license has expired may have the license reinstated not later than three (3) years after the date of expiration upon meeting the requirements under IC 25-1-8-6(c).
(b) A license that has been expired for more than three (3) years may be reinstated if the individual holding the license satisfies the requirements for reinstatement under IC 25-1-8-6(d).
As added by P.L.213-1993, SEC.5. Amended by P.L.84-1998, SEC.15; P.L.269-2001, SEC.6; P.L.105-2008, SEC.15.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.1. Athletic Trainers › Chapter 3. Licensing; Examination › 25-5.1-3-6. Examination Exemptions

Sec. 6. If an individual who applies for a license under this article meets any of the following conditions, the individual may be exempted from the examination requirement under section 1(a)(6) of this chapter by action of the board:
(1) The individual is licensed to practice athletic training in another state if the other state's standards for licensure are at least equal to the standards for licensure in Indiana.
(2) The individual is certified by the BOC and is otherwise qualified for licensure under this article.
(3) The individual is certified by an organization recognized by the National Commission on Competency Assurance and is otherwise qualified for licensure under this article.
As added by P.L.213-1993, SEC.5. Amended by P.L.84-1998, SEC.16; P.L.87-2000, SEC.4; P.L.252-2023, SEC.10.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.1. Athletic Trainers › Chapter 3. Licensing; Examination › 25-5.1-3-7. Other Occupations, Professions, Student Activities, or Performance of First Aid Not Prohibited

Sec. 7. This article does not prohibit the following:
(1) The practice of an occupation or profession for which an individual is licensed, certified, or registered in Indiana by a state agency.
(2) The practice of a health care occupation or profession by an individual who is practicing within the individual's education and experience.
(3) The performance of a first aid procedure incidental to an individual's employment or volunteer duties.
(4) The performance of an emergency first aid procedure by an individual.
(5) A student, an intern, or a trainee from pursuing a course of study in athletic training from an accredited postsecondary educational institution if:
(A) the activities are performed under qualified supervision and constitute a part of the individual's supervised course of study; and
(B) the individual uses a title that contains the word "intern", "student", or "trainee".
(6) The use of the title "student athletic trainer" by a student enrolled in a high school or a postsecondary educational institution while assisting an athletic trainer during athletic activities of the high school or postsecondary educational institution.
As added by P.L.84-1998, SEC.17. Amended by P.L.87-2000, SEC.5; P.L.2-2007, SEC.319.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.1. Athletic Trainers › Chapter 3. Licensing; Examination › 25-5.1-3-8. Temporary Permits

Sec. 8. (a) The board may issue a temporary permit to a person to practice as an athletic trainer if the person pays a fee and the person:
(1) has a valid license or certificate to practice from another state and the person has applied for a license from the board;
(2) is practicing in a state that does not license or certify athletic trainers but is certified by the BOC, approved by the board, and the person has applied for a license from the board; or
(3) has met the requirements of section 1 of this chapter, except for the requirement of section 1(a)(6) of this chapter.
(b) A person with a temporary permit issued under subsection (a)(3) may practice as an athletic trainer only under the supervision of an athletic trainer licensed under this article.
(c) A temporary permit expires on the earliest of:
(1) the date the person holding the permit is issued a license under this article;
(2) the date the board disapproves the person's license application; or
(3) ninety (90) days after the date of issuance.
As added by P.L.173-2001, SEC.4. Amended by P.L.252-2023, SEC.11.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.1. Athletic Trainers › Chapter 4. Unlawful Practice › 25-5.1-4-1. Practice or Use of Title Without License Prohibited

Sec. 1. An individual may not:
(1) practice as an athletic trainer; or
(2) use:
(A) the title "licensed athletic trainer", "athletic trainer", "licensed trainer", or "athletic training";
(B) the abbreviations "AT", "ATC", "AT,C", "LAT", "ATC/L"; or
(C) other words, abbreviations, or insignia;
to indicate or imply that the individual is an athletic trainer;
unless the individual is licensed under this article.
As added by P.L.213-1993, SEC.5. Amended by P.L.84-1998, SEC.18; P.L.87-2000, SEC.6.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.1. Athletic Trainers › Chapter 4. Unlawful Practice › 25-5.1-4-2. Violations

Sec. 2. An individual who knowingly violates or causes to be violated section 1 of this chapter commits a Class B misdemeanor.
As added by P.L.213-1993, SEC.5. Amended by P.L.87-2000, SEC.7.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.2. Athlete Agents › Chapter 1. Short Title and Definitions › 25-5.2-1-1. Short Title

Sec. 1. This article may be cited as the Revised Uniform Athlete Agents Act.
As added by P.L.54-2001, SEC.5. Amended by P.L.95-2019, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.2. Athlete Agents › Chapter 2. Athlete Agent Registration › 25-5.2-2-1. Service of Process

Sec. 1. (a) By acting as an athlete agent in Indiana, a nonresident individual appoints the attorney general as the individual's agent for service of process in any civil action in Indiana related to the individual's acting as an athlete agent in Indiana.
(b) The attorney general may issue subpoenas for any material that is relevant to the administration of this article.
As added by P.L.54-2001, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.2. Athlete Agents › Chapter 2. Athlete Agent Registration › 25-5.2-2-2. Certificate of Registration

Sec. 2. (a) Except as otherwise provided in subsection (b), an individual may not act as an athlete agent in Indiana without holding a certificate of registration under section 4 or 6 of this chapter.
(b) Before being issued a certificate of registration, an individual may act as an athlete agent in Indiana for all purposes except signing an agency contract, if:
(1) a student athlete or another person acting on behalf of the student athlete initiates contact with the individual; and
(2) not later than seven (7) days after an initial act that requires the individual to register as an athlete agent, the individual submits an application for registration as an athlete agent in Indiana.
(c) An agency contract resulting from conduct in violation of this section is void and the athlete agent shall return any consideration received under the contract.
As added by P.L.54-2001, SEC.5. Amended by P.L.95-2019, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.2. Athlete Agents › Chapter 2. Athlete Agent Registration › 25-5.2-2-5. Suspension, Revocation, or Refusal to Renew Certificate of Registration

Sec. 5. (a) The attorney general may suspend, revoke, or refuse to renew a certificate of registration for conduct that would have justified denial of registration under section 4(b) of this chapter.
(b) The attorney general may deny, suspend, revoke, or refuse to renew a certificate of registration only after proper notice and an opportunity for a hearing under IC 4-21.5.
As added by P.L.54-2001, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.2. Athlete Agents › Chapter 2. Athlete Agent Registration › 25-5.2-2-7. Fee for Renewal of Registration

Sec. 7. A fee established by the attorney general in accordance with IC 25-1-8-2 must accompany an application for registration or renewal of registration.
As added by P.L.54-2001, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.2. Athlete Agents › Chapter 2. Athlete Agent Registration › 25-5.2-2-10. Cancellation of Agency Contract

Sec. 10. (a) A student athlete, or, if the athlete is a minor, the parent or guardian of the athlete, may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within fourteen (14) days after the contract is signed.
(b) A student athlete, or, if the athlete is a minor, the parent or guardian of the athlete, may not waive the right to cancel an agency contract.
(c) If a student athlete, parent, or guardian cancels an agency contract, the student athlete, parent, or guardian is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to influence the student athlete to enter into the contract.
As added by P.L.54-2001, SEC.5. Amended by P.L.95-2019, SEC.7.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.2. Athlete Agents › Chapter 2. Athlete Agent Registration › 25-5.2-2-11. Retention of Records by Athlete Agents

Sec. 11. (a) An athlete agent shall retain the following records for a period of five (5) years:
(1) The name and address of each individual represented by the athlete agent.
(2) A copy of any agency contract entered into by the athlete agent.
(3) A record of any direct costs incurred by the athlete agent in the recruitment or solicitation of a student athlete to enter into an agency contract.
(b) Records required by subsection (a) to be retained are open to inspection by the attorney general during normal business hours.
As added by P.L.54-2001, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.2. Athlete Agents › Chapter 2. Athlete Agent Registration › 25-5.2-2-13. Rights of Action

Sec. 13. (a) An educational institution or student athlete has a right of action against an athlete agent for damages if the institution or athlete is adversely affected by an act or omission of the agent in violation of this article. An educational institution or student athlete is adversely affected by an act or omission of the agent only if, because of the act or omission, the institution or an individual who was a student athlete at the time of the act or omission and enrolled in the institution:
(1) is suspended or disqualified from participation in an interscholastic or intercollegiate sports event by or under the rules of a state or national federation or association that promotes or regulates interscholastic or intercollegiate sports; or
(2) suffers financial damage.
In an action under this section, the court may award to the prevailing party costs and reasonable attorney's fees. An athlete agent found liable under this section forfeits any right of payment for anything of benefit or value provided to the student athlete and shall refund any consideration paid to the agent by or on behalf of the athlete.
(b) A right of action under this section does not accrue until the student athlete or educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent.
(c) Any liability of the athlete agent under this section is several and not joint.
(d) This article does not restrict rights, remedies, or defenses of any person under law or equity.
As added by P.L.54-2001, SEC.5. Amended by P.L.95-2019, SEC.9; P.L.156-2020, SEC.99.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.2. Athlete Agents › Chapter 2. Athlete Agent Registration › 25-5.2-2-14. Violations and Penalties

Sec. 14. (a) A person who violates this article is subject to a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each violation, as determined by the court. All civil penalties recovered under this chapter shall be deposited in the state general fund.
(b) In addition to the civil penalty imposed under subsection (a), the attorney general may restrict, suspend, or revoke a certificate of registration of an athlete agent for violation of this article.
(c) The attorney general may institute and conduct an action in the name of the state of Indiana for any of the following:
(1) An injunction in any circuit or superior court of Indiana for injunctive relief to restrain a person from continuing any activity that violates this article.
(2) The assessment and recovery of the civil penalty provided in subsection (a).
(d) The attorney general may present any evidence of a crime under section 12 of this chapter to any prosecuting attorney for initiation of criminal proceedings against the offender. The attorney general shall cooperate with the prosecuting attorney in the prosecution of the offense.
As added by P.L.54-2001, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.2. Athlete Agents › Chapter 2. Athlete Agent Registration › 25-5.2-2-15. Uniform Act

Sec. 15. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
As added by P.L.54-2001, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 5.2. Athlete Agents › Chapter 2. Athlete Agent Registration › 25-5.2-2-16. Electronic Records or Signatures

Sec. 16. The provisions of this article governing the legal effect, validity, or enforceability of electronic records or signatures, and of contracts formed or performed with the use of such records or signatures conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act, Pub. L. No. 106-229, 114 Stat. 464 (2000), and supersede, modify, and limit the Electronic Signatures in Global and National Commerce Act.
As added by P.L.54-2001, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 1. Short Title and Definitions › 25-6.1-1-2. Scope of Article

Sec. 2. This article provides licensing and registration for persons engaged in operating, conducting or otherwise producing auctions. No other agency or political subdivision of the state shall impose on a licensee or seller at auction any registration or license requirement or any license or employment fee or charge on account of such auction activities.
As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980, P.L.163, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 1. Short Title and Definitions › 25-6.1-1-3. Definitions

Sec. 3. As used in this article:
"Auction" means a sale transaction conducted by means of oral or written exchanges between an auctioneer and the members of the auctioneer's audience, which exchanges consist of a series of invitations for offers for the purchase of goods or real estate made by the auctioneer and offers to purchase made by members of the audience and culminate in the acceptance by the auctioneer of the highest or most favorable offer made by a member of the participating audience.
"Auction company" means any person or persons who, as a part of its business, arranges, manages, sponsors, advertises, or carries out auctions.
"Auctioneer" means an individual who is engaged in, or who by advertising or otherwise holds the individual out as being available to engage in, the calling for, the recognition of, and the acceptance of offers for the purchase of goods or real estate at an auction.
"Commission" means the Indiana auctioneer commission.
"Goods" means any goods, wares, chattels, merchandise, or other personal property, including domestic animals and farm products.
"Licensee" means any person licensed under this article and, in the case of an auction company, includes the person required to obtain a license for such auction company.
"Organization" means a corporation, a limited liability company, a partnership, a trust (specifically including a business trust), a firm, an association, or any other form of business enterprise which is owned by two (2) or more individuals.
"Person" means an organization or an individual.
"Real estate" means any right, title, or interest in real property, including fixtures.
"Licensing agency" means the Indiana professional licensing agency established by IC 25-1-5-3.
As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980, P.L.163, SEC.2; Acts 1981, P.L.222, SEC.35; P.L.132-1984, SEC.14; P.L.214-1993, SEC.13; P.L.1-2006, SEC.422; P.L.59-2014, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 2. Creation of Commission › 25-6.1-2-1. Creation and Membership

Sec. 1. (a) The Indiana auctioneer commission is created consisting of five (5) members, not more than three (3) of whom may be members of the same political party.
(b) Subject to IC 25-1-6.5-3, the governor shall appoint each commission member to serve for a term under IC 25-1-6.5. A vacancy arising on the commission shall be filled under IC 25-1-6.5.
(c) Four (4) individuals appointed to membership on the commission must be citizens of Indiana and engaged as auctioneers for a period of not less than five (5) years immediately preceding their appointment. One (1) individual appointed to membership on the commission must be a citizen of Indiana who has not been associated with auctioneering in any way other than as a consumer.
(d) An individual may not act as a member of the commission while holding another elected or appointed office in either the state or federal government.
(e) A board member may be removed under IC 25-1-6.5-4.
As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1981, P.L.222, SEC.36; P.L.249-2019, SEC.56.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 2. Creation of Commission › 25-6.1-2-2. Meetings

Sec. 2. (a) The commission shall, at its first meeting each year, at a time and place established by the chairman, conduct an election of officers and such other business as may be appropriate. The commission shall also meet upon the call of the chairman or upon the request of any two (2) members of the commission. The secretary shall provide reasonable notice of the time and place of each meeting to all members.
(b) Three (3) members constitute a quorum for the purpose of transacting business. A majority vote of the commission is necessary to bind the commission.
As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.177-2015, SEC.15.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 2. Creation of Commission › 25-6.1-2-3. Officers; Duties; Terms

Sec. 3. (a) At the first meeting held each year, the commission shall elect from its membership a chairman and a vice chairman. Each officer shall serve for a term of one (1) year and until the officer's successor is elected.
(b) The chairman shall preside at all meetings of the commission.
(c) The vice chairman shall act as presiding officer in the absence of the chairman and shall perform such other duties as the chairman may direct.
(d) The commission shall be provided with an executive secretary by the licensing agency. The person provided may not be a member of the commission.
(e) The executive secretary, through the licensing agency, shall:
(1) notify all members of meetings;
(2) keep a record of all meetings of the commission, votes taken by the commission, and other proceedings, transactions, communications, official acts, and records of the commission; and
(3) perform other duties as the chairman directs.
As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980, P.L.163, SEC.3; Acts 1981, P.L.222, SEC.37; P.L.132-1984, SEC.15; P.L.177-2015, SEC.16.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 2. Creation of Commission › 25-6.1-2-4. Per Diem and Expenses

Sec. 4. Per Diem and Expenses. Each member of the commission shall receive a salary per diem for each day actually engaged in service of the commission, together with reimbursement for necessary travel expense incurred in the performance of his strictly official duties, in accordance with travel policies and procedures established by the department of administration and the state budget agency. The compensation and expense of said commission shall be paid out of the general fund of the state upon appropriation being made therefor in the manner provided by law for the making of such appropriations.
As added by Acts 1977, P.L.270, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 2. Creation of Commission › 25-6.1-2-5. Powers

Sec. 5. (a) The commission is empowered to do the following:
(1) Administer and enforce the provisions of this article.
(2) Adopt such rules in accordance with IC 4-22-2 and such forms as are necessary or appropriate for the administration and the effective and efficient enforcement of this article.
(3) Issue, suspend, and revoke licenses in accordance with this article.
(4) Subject to IC 25-1-7, investigate complaints concerning licensees or persons the commission has reason to believe should be licensees, specifically including complaints respecting failure to comply with this article or the rules, and to take appropriate action pursuant to IC 25-1-11.
(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 by restraining order or injunction.
(6) Hold public hearings on any matters for which a hearing is required under this article and to have all powers granted in IC 4-21.5.
(7) Adopt a seal and, through its secretary, certify copies.
(b) The licensing agency shall provide necessary employees and consultants to enforce this article.
(c) The commission shall adopt rules under IC 4-22-2 establishing the following:
(1) Standards for competent:
(A) practice as an auctioneer; and
(B) operation of an auction company.
(2) Continuing education requirements for an individual who has reactivated an auctioneer license with less than twelve (12) months remaining in the licensing period.
As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980, P.L.163, SEC.4; Acts 1981, P.L.222, SEC.38; P.L.132-1984, SEC.16; P.L.7-1987, SEC.112; P.L.1-1991, SEC.163; P.L.238-1995, SEC.1; P.L.59-2014, SEC.2; P.L.84-2016, SEC.102.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 2. Creation of Commission › 25-6.1-2-6. Fees; Disposition

Sec. 6. Fees, disposal. All fees received by the commission under this article shall be paid to the state treasurer to be placed by him in the general fund of the state. All records of such fees received by the commission shall be available for the inspection of the general public.
As added by Acts 1977, P.L.270, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 3. Licensing › 25-6.1-3-1. Coverage

Sec. 1. Coverage. (a) Except as provided in subsection (b), no individual may act as an auctioneer and no person may operate an auction company without obtaining and having in full force and effect a valid license issued by the commission in accordance with this chapter.
(b) The requirements of this article do not apply to:
(1) An auction of goods or real estate conducted exclusively by individuals who personally own such goods or real estate and who did not acquire such goods or real estate for resale.
(2) An auction conducted by or under the direction of any public authority.
(3) An auction conducted pursuant to any judicial order or to the settlement of a decedent's estate.
(4) A sale conducted by or on behalf of any political party, church, charitable corporation, or association if the individual conducting the sale receives no compensation and does not, by advertising or otherwise, hold himself or herself out as being available to engage in the sale of goods or real estate at auction.
As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.8-1993, SEC.374; P.L.59-2014, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 3. Licensing › 25-6.1-3-3. Repealed

As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980, P.L.163, SEC.6; P.L.3-1990, SEC.88; P.L.214-1993, SEC.15; P.L.84-1998, SEC.19; P.L.23-2003, SEC.4; P.L.105-2008, SEC.17. Repealed by P.L.59-2014, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 3. Licensing › 25-6.1-3-5. License Fee; Surcharge

Sec. 5. At the time of obtaining a license under this chapter, the licensee shall pay:
(1) the license fee established by the commission under IC 25-1-8-2; and
(2) a surcharge under IC 25-6.1-8 for deposit in the auctioneer recovery fund.
As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.256-1987, SEC.2; P.L.23-2003, SEC.6; P.L.194-2005, SEC.20.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 3. Licensing › 25-6.1-3-6. License Requirement

Sec. 6. All auctions arranged by or through an auction company shall be conducted exclusively by individuals who are licensed as auctioneers under this chapter.
As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.59-2014, SEC.7.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 3. Licensing › 25-6.1-3-7. Display of License

Sec. 7. Display of License. Every person licensed under this article shall display his license or a certified copy of it issued by the commission in the full and unobstructed view of the public at his principal place of business.
As added by Acts 1977, P.L.270, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 3. Licensing › 25-6.1-3-8. Duplicates and Certified Copies of Licenses; Fees

Sec. 8. (a) The commission may charge the fee established under IC 25-1-8-2 as the cost of providing duplicate licenses to replace lost or destroyed licenses.
(b) The commission may charge a fee established under IC 25-1-8-2 for the cost of verifying a license to another state.
As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.235-1995, SEC.2; P.L.194-2005, SEC.21.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 3. Licensing › 25-6.1-3-9. Cease and Desist Order

Sec. 9. (a) When the commission determines that a person not licensed under this article is engaged in or is believed to be engaged in activities for which a license is required under this article, the commission may issue an order to that person requiring the person to show cause why the person should not be ordered to cease and desist from such activities. The show cause order shall set forth a time and place for a hearing at which the affected person may appear and show cause as to why the person should not be subject to licensing under this article.
(b) If the commission, after a hearing, determines that the activities in which the person is engaged are subject to licensing under this article, the commission may issue a cease and desist order which shall describe the person and activities which are the subject of the order.
(c) A cease and desist order issued under this section shall be enforceable in the circuit courts, superior courts, or probate courts of this state.
As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.84-2016, SEC.103.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 3. Licensing › 25-6.1-3-10. Denial of License; Rights and Remedies

Sec. 10. Any person who makes proper and complete application to the commission and who is denied a license under this article has all of the rights and remedies prescribed in IC 4-21.5.
As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.7-1987, SEC.113.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 6. Licensee Obligations › 25-6.1-6-1. Performance by Auctioneer

Sec. 1. Performance by Auctioneer. In performing the duties of an auctioneer, every auctioneer shall follow all reasonable requests of the owner or consignor of the goods or real estate being sold at the auction, shall perform his duties so that the highest or most favorable offer made by a member of his audience is accepted, and shall otherwise perform his duties in accordance with the highest standards of the auctioneering profession.
As added by Acts 1977, P.L.270, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 6. Licensee Obligations › 25-6.1-6-2. Accounting and Paying Over

Sec. 2. Accounting and Paying Over. (a) Every licensee, within thirty (30) days after the sale transaction, shall account to, or see to an accounting for, those persons who own or who are acting as consignor of goods or real estate which is the subject of an auction engaged in or conducted by such licensee or upon such licensee's premises.
(b) Every licensee, within thirty (30) days after a sale transaction of goods and within a reasonable time after a real estate sale transaction, shall pay over, or see to the paying over of, all monies and proceeds due to the owner or the consignor of goods or real estate which was the subject of an auction engaged in or conducted by such licensee or upon such licensee's premises.
As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980, P.L.163, SEC.9.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 6. Licensee Obligations › 25-6.1-6-3. Records and Accounts

Sec. 3. Records and Accounts. Each licensee shall keep and maintain in a place of safety for a period of not less than two (2) years complete and correct records and accounts pertaining to that licensee's licensed activity, including the name and address of the owner or consignor of all goods and real estate involved in such activities, a description of such goods and real estate, the terms and conditions of the acceptance and sale of such goods and real estate, and accounts of all monies received and paid out, whether on the licensee's own behalf or as agent, as a result of such activities.
As added by Acts 1977, P.L.270, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 6. Licensee Obligations › 25-6.1-6-4. Written Contracts

Sec. 4. No licensee shall sell goods or real estate at auction until the auctioneer or auction company involved has first entered into a written contract with the owner or consignor of such goods or real estate, which contract sets forth the terms and conditions upon which such auctioneer or auction company accepts the goods or real estate for sale. A copy of every written contract shall be retained for a period of two (2) years from the date of the auction.
As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980, P.L.163, SEC.10; P.L.59-2014, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 6. Licensee Obligations › 25-6.1-6-5. Advertising

Sec. 5. Advertising. All advertisements of auctions shall disclose:
(1) the auctioneer's name and the name of the auction company involved; and
(2) the name of the owner or consignor of goods or real estate to be sold or the fact that the goods are being sold on general consignment.
As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980, P.L.163, SEC.11; P.L.59-2014, SEC.9.