reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 6. Licensee Obligations › 25-6.1-6-6. Trust Accounts

Sec. 6. (a) Each licensee:
(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 licensee and are held by the licensee for more than twenty-four (24) hours after the funds become available for use by the licensee; and
(2) shall clearly identify any account containing those funds as a trust account.
The trust accounts shall contain all auction proceeds not yet disbursed and all other funds belonging to others.
(b) The licensee 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 the death or termination of a licensee or the expiration or revocation of the licensee's license, the commission shall take custody of each trust account and may appoint a successor trustee to protect and distribute the proceeds of that account.
As added by P.L.256-1987, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 7. Penalties › 25-6.1-7-1. Failure to Be Licensed

Sec. 1. (a) An individual may not act as an auctioneer without first having obtained and having in full force and effect the license required under this article.
(b) A person (except a person who shall have become exempt, by reason of compliance with the provisions of IC 25-6.1-3-4, from the auction company licensing requirements of this article) may not operate an auction company without first having obtained and having in full force and effect the auction company license required under this article.
(c) A person who knowingly or intentionally violates the provisions of this section commits a Class A misdemeanor.
As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.84-1998, SEC.20; P.L.1-1999, SEC.57; P.L.59-2014, SEC.10.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 7. Penalties › 25-6.1-7-2. Other Violations

Sec. 2. Other Violations. A person who violates or fails to follow any provision of this article for which a specific penalty is not provided commits a Class A misdemeanor.
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 7. Penalties › 25-6.1-7-3. Injunctions

Sec. 3. Injunctions. The commission may maintain an action in the name of the state of Indiana to enjoin any person from engaging, without a license issued under this article (or pursuant to an exemption defined in this article), in any activity for which a license is required under this article.
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 7. Penalties › 25-6.1-7-4. Affidavit, Information, or Indictment; Sufficiency of Charge

Sec. 4. Affidavits, Informations, Indictments. In charging any person in an affidavit, information, or indictment with a violation of this article by carrying on (without a license obtained under, or pursuant to an exemption defined in, this article) an activity for the carrying-on of which a license issued under, or an exemption defined in, this article is required, it shall be sufficient to charge that the person did, upon a certain day and in a certain county, engage in such an activity and that he or it did not have a license to do so or an exemption (defined in this article) permitting him or it to do so. No further or more particular facts need be averred concerning the matter.
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 8. Auctioneer Recovery Fund › 25-6.1-8-1. Establishment of Fund; Administration; Investments

Sec. 1. (a) The auctioneer recovery fund is established for the purpose set out in this chapter. The fund shall be administered by the auctioneer commission.
(b) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund.
(c) Money in the fund at the end of a fiscal year does not revert to the state general fund, except as provided in section 2.1 of this chapter.
As added by P.L.256-1987, SEC.4. Amended by P.L.143-1990, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 8. Auctioneer Recovery Fund › 25-6.1-8-2. Surcharge; Formula; Assessment

Sec. 2. (a) If the total amount in the auctioneer recovery fund (including principal and interest) is less than three hundred sixty thousand dollars ($360,000) on June 30 in an odd-numbered year after the payment of all claims and expenses, the auctioneer commission shall assess a surcharge according to the following formula in order to maintain the fund at an approximate level of four hundred thousand dollars ($400,000):
STEP ONE: Determine the amount remaining in the fund on June 30 of the current year after all expenses and claims have been paid.
STEP TWO: Subtract the amount determined under STEP ONE from four hundred thousand dollars ($400,000).
STEP THREE: Determine the number of licensees who had licenses in effect on June 30 of the current year.
STEP FOUR: Divide the number determined under STEP TWO by the number determined under STEP THREE.
(b) The auctioneer commission shall assess the surcharge described in subsection (a) against each licensee who:
(1) receives an initial license; or
(2) receives a renewal license.
(c) The auctioneer commission shall assess the surcharge described in subsection (a) for the two (2) year period beginning on July 1 of the current year through June 30 of the next odd-numbered year.
(d) The surcharge assessed under this section is in addition to any other fee under this article.
As added by P.L.256-1987, SEC.4. Amended by P.L.143-1990, SEC.2; P.L.214-1993, SEC.17; P.L.59-2014, SEC.11.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 8. Auctioneer Recovery Fund › 25-6.1-8-2.1. Reversion of Excess Funds

Sec. 2.1. If the total amount in the auctioneer recovery fund (including principal and interest) exceeds five hundred fifty thousand dollars ($550,000) at the end of a state fiscal year after the payment of all claims and expenses, the amount in excess of five hundred fifty thousand dollars ($550,000) reverts to the state general fund.
As added by P.L.143-1990, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 8. Auctioneer Recovery Fund › 25-6.1-8-3. Interest Credited; Payment of Expenses

Sec. 3. Any interest earned on investment of money in the auctioneer recovery fund shall be credited at least annually to the fund. No money may be appropriated from the state general fund for payment of any expenses incurred under this chapter, and none of these expenses may be charged against the state.
As added by P.L.256-1987, SEC.4.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 8. Auctioneer Recovery Fund › 25-6.1-8-4. Claims Against Fund; Applications; Amount of Loss; Limitation on Recovery

Sec. 4. (a) If any aggrieved person obtains a final judgment in any court against any licensee to recover damages for failure to meet the obligations of a licensee under this article and the rules adopted under this article (with or without findings by the auctioneer commission) that results in an actual cash loss to the aggrieved person, the person may, upon termination of all proceedings including appeals and proceedings supplemental to judgment for collection purposes, file a verified application with the commission for an order directing payment out of the auctioneer recovery fund of the amount of actual and direct loss in the transaction that remains unpaid upon the judgment. The amount of actual and direct loss may include court costs but may not include attorney's fees or punitive damages awarded. The amount that may be paid from the auctioneer recovery fund may not exceed twenty thousand dollars ($20,000) per judgment and an aggregate lifetime limit of fifty thousand dollars ($50,000) with respect to any one (1) licensee.
(b) This section applies only to a final judgment that awards damages for an act by the licensee described in subsection (a) that arises directly out of any transaction:
(1) that occurred when the licensee was licensed;
(2) for which a license was required under IC 25-6.1; and
(3) that occurred after December 31, 1987.
As added by P.L.256-1987, SEC.4. Amended by P.L.134-2013, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 8. Auctioneer Recovery Fund › 25-6.1-8-5. Claims Against Single Licensee in Excess of Dollar Limitation; Joinder of Claims; Payment; Insufficient Funds

Sec. 5. (a) If the payment in full of two (2) or more pending valid claims that have been filed by aggrieved persons against a single licensee would exceed the fifty thousand dollar ($50,000) limit set forth in section 4 of this chapter, the fifty thousand dollars ($50,000) shall be distributed among the aggrieved persons in the ratio that their respective claims bear to the aggregate of all valid claims or in any other manner that the commission may determine equitable. This money shall be distributed among the persons entitled to share in it without regard to the order of priority in which their respective judgments have been obtained or their claims have been filed.
(b) The commission shall consider pending applications filed by all claimants and prospective claimants against one (1) licensee jointly to the end that the respective rights of all the claimants to the commission may be equitably adjudicated and settled.
(c) On June 30 and December 31 of each year, the auctioneer commission shall identify each claim that the commission orders to be paid during the six (6) month period that ended on that day. The commission shall pay the part of each claim that is so identified within fifteen (15) days after the end of the six (6) month period in which the claim is ordered paid. However, if the balance in the fund is insufficient to pay the full payable amount of each claim that is ordered to be paid during a six (6) month period, the commission shall pay a prorated portion of each claim that is ordered to be paid during the period. Any part of the payable amount of a claim left unpaid due to the prorating of payments under this subsection must be paid (subject to the fifty thousand dollar ($50,000) limit described in section 4 of this chapter) before the payment of claims ordered to be paid during the following six (6) month period.
As added by P.L.256-1987, SEC.4. Amended by P.L.134-2013, SEC.4.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 8. Auctioneer Recovery Fund › 25-6.1-8-6. Agents for Service of Process

Sec. 6. Any auctioneer or auction company that is licensed or renews a license under this article after December 31, 1987, and upon whom personal service cannot be made with reasonable diligence shall be considered to have appointed the commission as the licensee's agent for service of process for purposes of actions filed under section 4 of this chapter for recovery from the auctioneer recovery fund. Service of process under this section shall be made as nearly as practicable in the manner prescribed by the Indiana Rules of Trial Procedure for service on corporations.
As added by P.L.256-1987, SEC.4. Amended by P.L.59-2014, SEC.12.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 8. Auctioneer Recovery Fund › 25-6.1-8-7. Limitation of Actions; Notice of Commencement of Action

Sec. 7. An order for payment from the auctioneer recovery fund may not be issued unless the action to recover from the auctioneer recovery fund was commenced within one (1) year after the termination of all proceedings against the licensee for failure to meet the obligations of a licensee under this article and the rules adopted under this article, including appeals and proceedings supplemental to judgment. When any person commences an action for a judgment that may result in an order for payment from the fund, the person shall notify the commission in writing of the commencement of the action.
As added by P.L.256-1987, SEC.4.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 8. Auctioneer Recovery Fund › 25-6.1-8-8. Commission as Defendant; Hearings; Order of Payment of Claim

Sec. 8. (a) When any person files an application for an order directing payment from the auctioneer recovery fund, the commission shall promptly review and consider the application, and it may issue an order directing payment out of the auctioneer recovery fund, as provided in section 9 of this chapter, subject to the limitation of section 4 of this chapter, if the commission finds:
(1) that there is no collusion between the judgment creditor and the judgment debtor;
(2) that the judgment creditor is making application not more than one (1) year after the termination of all proceedings in connection with the judgment, including appeals and proceedings supplemental to judgment for collection purposes;
(3) that the judgment creditor has diligently pursued all available creditor's remedies, including proceedings supplemental, against the licensee who is the subject of the application filed under section 4 of this chapter, against all the judgment debtors, and against all other persons liable to the creditor in the transaction for which the creditor seeks recovery from the auctioneer recovery fund, but that the diligent pursuit did not result in satisfaction of the judgment;
(4) that the failure to meet the obligations of a licensee under this article and the rules adopted under this article arose directly out of a transaction that occurred when the judgment debtor was licensed and acted in a capacity for which a license is required under this article and that the transaction occurred after December 31, 1987; and
(5) that, in the event of a default judgment or a judgment entered upon stipulation of the parties, the judgment debtor's acts constituted failure to meet the obligations of a licensee under this article and the rules adopted under this article.
(b) A person who is dissatisfied by:
(1) an order issued under subsection (a) directing payment out of the auctioneer recovery fund; or
(2) a denial of an application filed under section 4 of this chapter;
may petition for review under IC 4-21.5-3-7.
As added by P.L.256-1987, SEC.4. Amended by P.L.134-2013, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 8. Auctioneer Recovery Fund › 25-6.1-8-9. Payment of Claim

Sec. 9. Upon an order of the commission directing that payment be made out of the auctioneer recovery fund, the commission shall, subject to sections 4 through 5 of this chapter, make the payment out of the auctioneer recovery fund as provided in section 5 of this chapter.
As added by P.L.256-1987, SEC.4. Amended by P.L.134-2013, SEC.6.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 8. Auctioneer Recovery Fund › 25-6.1-8-10. Suspension of Judgment Debtor's License; Repayment by Licensee; Interest

Sec. 10. (a) If the commission is required to make any payment from the auctioneer recovery fund in settlement of a claim or toward the satisfaction of an order under this chapter, the commission shall suspend the judgment debtor's license. The licensee is not eligible to be licensed again as either an auctioneer or auction company until the licensee has repaid in full the amount paid from the auctioneer recovery fund with interest of twelve percent (12%) per annum.
(b) A license suspension issued under this section must be done in accordance with IC 4-21.5-3-6. The licensee may petition for review under IC 4-21.5-3-7.
As added by P.L.256-1987, SEC.4. Amended by P.L.134-2013, SEC.7; P.L.59-2014, SEC.13.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 8. Auctioneer Recovery Fund › 25-6.1-8-11. Subrogation

Sec. 11. When the commission has ordered and caused payment to be made from the auctioneer recovery fund to a judgment creditor, the commission is subrogated to the rights of the judgment creditor with respect to the amount paid.
As added by P.L.256-1987, SEC.4. Amended by P.L.134-2013, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 8. Auctioneer Recovery Fund › 25-6.1-8-12. Expenditure of Interest

Sec. 12. Subject to the approval of the state budget agency, the auctioneer commission may expend the interest earned by the auctioneer recovery fund for:
(1) information concerning the commission's activities and administrative rulings;
(2) other educational information concerning the practice of auctioneering; and
(3) expenses related to the continuing education program.
As added by P.L.256-1987, SEC.4. Amended by P.L.59-2014, SEC.14.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 8. Auctioneer Recovery Fund › 25-6.1-8-13. Attorney General; Assistance to Commission; Expenses

Sec. 13. (a) The office of the attorney general shall provide the staff assistance necessary to:
(1) enable the auctioneer commission to perform its duties under this chapter; and
(2) enforce this chapter.
(b) Expenses incurred by the office of the attorney general under this section shall be paid from the auctioneer recovery fund.
As added by P.L.256-1987, SEC.4.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 9. Continuing Education › 25-6.1-9-1. Continuing Education Required for License Renewal

Sec. 1. (a) Except as provided in sections 7 and 9 of this chapter, an individual who applies for license renewal under IC 25-6.1-3-2 must complete sixteen (16) actual hours of continuing education every four (4) years from course providers that are approved by the commission.
(b) The continuing education requirement is as follows:
(1) At least six (6) actual hours of courses in any of the following core subjects:
(A) Indiana rules and statutes governing auctioneering.
(B) Federal statutes governing auctioneering.
(C) Auctioneering ethics.
(D) Escrow and trust funds.
(E) Contracts.
(F) Any other subject matter approved by the commission.
(2) At least ten (10) actual hours of courses in any of the following elective subjects:
(A) Agency.
(B) Business courses related to auctioneering.
(C) Auction management.
(D) Bid calling.
(E) Public speaking.
(F) Advertising.
(G) Specialty auction topics.
(H) Any other subject matter approved by the commission.
(c) The commission may approve online continuing education offered by a course provider as required under subsection (b).
As added by P.L.238-1995, SEC.3. Amended by P.L.23-2003, SEC.7; P.L.158-2018, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 9. Continuing Education › 25-6.1-9-2. Requirements for Sponsor Approval

Sec. 2. To obtain approval as a continuing education sponsor, a sponsor must do the following:
(1) Provide the commission information on courses, curriculum, and facilities as determined by the commission.
(2) Provide each participant who successfully completes an approved course a certificate that includes the following:
(A) The name of the participant.
(B) The name, address, and signature of the sponsor.
(C) The number of approved actual course hours.
(D) Any other information required by the commission.
(3) Meet any standard that the commission adopts by rule.
As added by P.L.238-1995, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 9. Continuing Education › 25-6.1-9-3. Sponsor Records

Sec. 3. A continuing education sponsor that has received approval under section 2 of this chapter must maintain records for five (5) years of the participants who successfully complete and pass each course. If the sponsor ceases operations, the owner shall place the records in the care of a custodian that is approved by the commission.
As added by P.L.238-1995, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 9. Continuing Education › 25-6.1-9-4. Expiration and Renewal of Sponsor Approval

Sec. 4. (a) The approval for a sponsor expires February 28 each even-numbered year.
(b) A sponsor must submit:
(1) a letter requesting renewal of approval; and
(2) the renewal fee;
at least thirty (30) days before the sponsor's approval expires.
As added by P.L.238-1995, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 9. Continuing Education › 25-6.1-9-6. Advertisements Related to Courses Offered

Sec. 6. (a) A person may advertise that the person's course is approved by the commission and fulfills the requirements of the commission.
(b) A person may not advertise that the sponsor or the sponsor's course is required or recommended by the commission.
As added by P.L.238-1995, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 9. Continuing Education › 25-6.1-9-6.5. Education Officer; Continuing Education Requirements Compliance

Sec. 6.5. The licensing agency may hire an education officer who reports directly to the director of the licensing agency to oversee routine and ongoing compliance with the continuing education requirements of this chapter.
As added by P.L.59-2014, SEC.15.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 9. Continuing Education › 25-6.1-9-7. Exemption

Sec. 7. A licensee who is initially licensed in the fourth year of a renewal period is exempt from the continuing education requirement under this chapter for that renewal period.
As added by P.L.238-1995, SEC.3. Amended by P.L.194-2005, SEC.22.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 9. Continuing Education › 25-6.1-9-8. Application

Sec. 8. An applicant for renewal must certify on the application that the applicant:
(1) has complied with the continuing education requirement;
(2) is exempt from the continuing education requirement because the individual has been licensed for less than one (1) year; or
(3) has not complied with the continuing education requirement but is seeking a waiver under section 9 of this chapter.
As added by P.L.238-1995, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 9. Continuing Education › 25-6.1-9-9. Waiver

Sec. 9. The commission may grant an applicant a waiver from all or part of the continuing education requirement for the renewal period if the applicant was not able to fulfill the requirement due to a hardship that resulted from any of the following conditions:
(1) Service in the armed forces of the United States during a substantial part of the renewal period.
(2) An incapacitating illness or injury.
(3) Other circumstances determined by the commission.
As added by P.L.238-1995, SEC.3. Amended by P.L.33-1999, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 6.1. Auctioneers and Auctions › Chapter 9. Continuing Education › 25-6.1-9-10. Inactive License

Sec. 10. (a) The commission may grant an applicant an inactive auctioneer license if the auctioneer submits a written application to the commission requesting that the auctioneer license be classified as inactive.
(b) An auctioneer granted an inactive license under this section may not perform an act that requires an auctioneer license.
(c) If a disciplinary or suspension hearing is pending against an auctioneer, the individual may not be granted an inactive license without the approval of the commission.
(d) An individual granted an inactive license must continue to pay the same fees that a licensee is required to pay.
(e) An inactive licensee is not required to complete the continuing education requirement while the license is inactive.
(f) An individual may reinstate an inactive auctioneer license if the individual:
(1) submits a written application to the commission requesting that the inactive auctioneer license be classified as active; and
(2) fulfills the applicable continuing education requirement for the licensure period during which the license is reinstated.
As added by P.L.238-1995, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 1.1. Application of Article › 25-8-1.1-1. Deregulation of Natural Hair Braiding

Sec. 1. The practice of natural hair braiding (as defined in IC 25-8-2-20) is exempt from regulation under this article.
As added by P.L.189-2017, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 1.1. Application of Article › 25-8-1.1-2. Exemption From Regulation for the Application of Eyelash Extensions

Sec. 2. (a) As used in this section, "eyelash extensions" means strands of silk, mink, or another synthetic or natural material that are applied one (1) at a time and fixed to an individual's natural eyelashes.
(b) The application of eyelash extensions as described in subsection (a) is exempt from regulation under this article.
As added by P.L.55-2021, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 2. Cosmetology Regulation; Definitions › 25-8-2-2. "Agency"

Sec. 2. "Agency" refers to the Indiana professional licensing agency established by IC 25-1-5-3.
As added by P.L.257-1987, SEC.1. Amended by P.L.1-2006, SEC.424.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 2. Cosmetology Regulation; Definitions › 25-8-2-2.1. "Barber"

Sec. 2.1. "Barber" means a person licensed under IC 25-8-12.1.
As added by P.L.84-2010, SEC.21.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 2. Cosmetology Regulation; Definitions › 25-8-2-2.4. "Beauty Culture Salon"

Sec. 2.4. "Beauty culture salon" means an establishment licensed under IC 25-8-7 that offers beauty culture to the public.
As added by P.L.84-2010, SEC.24. Amended by P.L.170-2013, SEC.4.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 2. Cosmetology Regulation; Definitions › 25-8-2-2.6. "Beauty Culture Professional"

Sec. 2.6. "Beauty culture professional" refers to the following:
(1) A cosmetologist licensed under IC 25-8-9.
(2) An electrologist licensed under IC 25-8-10.
(3) A manicurist licensed under IC 25-8-11.
(4) An esthetician licensed under IC 25-8-12.5.
(5) An instructor licensed under IC 25-8-6.
(6) A beauty culturist licensed under IC 25-8-12.1.
As added by P.L.78-2008, SEC.2. Amended by P.L.84-2010, SEC.26; P.L.170-2013, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 2. Cosmetology Regulation; Definitions › 25-8-2-2.7. "Barbering"

Sec. 2.7. (a) "Barbering" means performing one (1) or more of the following practices upon the head, face, or neck of a person:
(1) Cutting, trimming, styling, arranging, dressing, curling, permanent waving, cleansing, bleaching, tinting, coloring, or similarly treating hair.
(2) Shaving or trimming beards and mustaches, including the use of a straight razor.
(3) Applying oils, creams, antiseptics, clays, powders, lotions, or other preparations, either by hand or by mechanical appliances, in the performance of facial or scalp massage.
(b) "Barbering" does not include performing the act of natural hair braiding or any of the acts described in subsection (a) when done:
(1) in treating illness or disease;
(2) as a student in a beauty culture school; or
(3) without compensation.
As added by P.L.84-2010, SEC.25. Amended by P.L.170-2013, SEC.6; P.L.158-2016, SEC.1; P.L.189-2017, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 2. Cosmetology Regulation; Definitions › 25-8-2-3. "Board"

Sec. 3. "Board" refers to the state board of cosmetology and barber examiners.
As added by P.L.257-1987, SEC.1. Amended by P.L.84-2010, SEC.27.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 2. Cosmetology Regulation; Definitions › 25-8-2-4. "Cosmetologist"

Sec. 4. "Cosmetologist" means a person licensed under IC 25-8-9 to provide cosmetology.
As added by P.L.257-1987, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 2. Cosmetology Regulation; Definitions › 25-8-2-5. "Cosmetology"

Sec. 5. (a) "Cosmetology" means performing any of the following acts on the head, face, neck, shoulders, torso, arms, hands, legs, or feet of a person:
(1) Cutting, trimming, styling, arranging, dressing, curling, waving, permanent waving, cleansing, bleaching, tinting, coloring, or similarly treating hair.
(2) Applying oils, creams, antiseptics, clays, lotions, or other preparations to massage, cleanse, stimulate, manipulate, exercise, or beautify.
(3) Arching eyebrows.
(4) Removing superfluous hair from the body by the use of depilatories, waxing, or tweezers.
(5) Manicuring and pedicuring.
(6) Shaving or trimming beards and mustaches.
(7) Giving facials, applying makeup, and giving skin care.
(b) "Cosmetology" does not include performing any of the acts described in subsection (a):
(1) in treating illness or disease;
(2) as a student in a beauty culture school that complies with the notice requirements set forth in IC 25-8-5-6;
(3) in performing shampooing operations; or
(4) without compensation.
(c) "Cosmetology" does not include performing the following:
(1) The act of threading.
(2) The act of natural hair braiding.
As added by P.L.257-1987, SEC.1. Amended by P.L.5-1988, SEC.135; P.L.236-1995, SEC.3; P.L.157-2006, SEC.35; P.L.78-2008, SEC.3; P.L.170-2013, SEC.7; P.L.158-2016, SEC.2; P.L.189-2017, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 2. Cosmetology Regulation; Definitions › 25-8-2-5.5. Repealed

As added by P.L.239-1995, SEC.3. Amended by P.L.157-2006, SEC.36. Repealed by P.L.78-2008, SEC.7.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 2. Cosmetology Regulation; Definitions › 25-8-2-7. "Beauty Culture School"

Sec. 7. "Beauty culture school" means an establishment licensed under this article that offers training in beauty culture.
As added by P.L.257-1987, SEC.1. Amended by P.L.236-1995, SEC.4; P.L.170-2013, SEC.9.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 2. Cosmetology Regulation; Definitions › 25-8-2-9. "Electrologist"

Sec. 9. "Electrologist" means a person licensed under IC 25-8-10 to provide electrolysis.
As added by P.L.257-1987, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 2. Cosmetology Regulation; Definitions › 25-8-2-9.5. "Esthetician"

Sec. 9.5. (a) "Esthetician" means a person who engages solely in one (1) or more of the following practices:
(1) Giving facials, applying makeup, and giving skin care.
(2) Beautifying, massaging, or cleaning the body with the use of cosmetic preparations, antiseptics, tonics, lotions, or creams.
(3) Removing superfluous hair from the body by the use of depilatories, waxing, or tweezers.
(b) The term does not include performing any of the acts described in subsection (a):
(1) in treating an illness or a disease;
(2) as a student in a beauty culture school that complies with the notice requirements under IC 25-8-5-6;
(3) without compensation; or
(4) incident to the retail sale of cosmetics.
(c) The term does not include a person who:
(1) engages in threading;
(2) engages in natural hair braiding; and
(3) does not engage in one (1) or more of the practices described in subsection (a).
As added by P.L.144-1990, SEC.1. Amended by P.L.184-1991, SEC.2; P.L.113-1999, SEC.2; P.L.78-2008, SEC.4; P.L.170-2013, SEC.11; P.L.189-2017, SEC.4.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 2. Cosmetology Regulation; Definitions › 25-8-2-9.6. Repealed

As added by P.L.144-1990, SEC.2. Amended by P.L.184-1991, SEC.3. Repealed by P.L.170-2013, SEC.12.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 2. Cosmetology Regulation; Definitions › 25-8-2-10. "Instructor"

Sec. 10. "Instructor" means a person licensed under IC 25-8-6 to teach in a beauty culture school.
As added by P.L.257-1987, SEC.1. Amended by P.L.236-1995, SEC.5; P.L.113-1999, SEC.3; P.L.84-2010, SEC.28; P.L.170-2013, SEC.13.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 2. Cosmetology Regulation; Definitions › 25-8-2-11. "License"

Sec. 11. "License" means a document issued by the agency and the board to permit a person to engage in an activity regulated under this article.
As added by P.L.257-1987, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 2. Cosmetology Regulation; Definitions › 25-8-2-13. "Manicuring"

Sec. 13. "Manicuring" means cleaning, dressing, polishing, sculpting, tipping, or wrapping the nails of a person's hand.
As added by P.L.257-1987, SEC.1. Amended by P.L.158-2016, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 2. Cosmetology Regulation; Definitions › 25-8-2-14. "Manicurist"

Sec. 14. "Manicurist" means a person licensed under IC 25-8-11 to provide manicuring.
As added by P.L.257-1987, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 2. Cosmetology Regulation; Definitions › 25-8-2-14.5. "Mechanical Devices"

Sec. 14.5. "Mechanical devices" refers to the following:
(1) Clips.
(2) Combs.
(3) Crochet hooks.
(4) Hair pins.
(5) Rollers.
(6) Scissors.
(7) Blunt-tipped needles.
(8) Thread.
(9) Hair binders.
As added by P.L.189-2017, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 2. Cosmetology Regulation; Definitions › 25-8-2-15.5. "Mobile Salon"

Sec. 15.5. "Mobile salon" means either of the following:
(1) A self-contained facility that may be moved, towed, or transported from one (1) location to another and in which cosmetology, electrology, esthetics, barbering, or manicuring is practiced.
(2) A business in which cosmetology, electrology, esthetics, barbering, or manicuring equipment is transported to and used on a temporary basis at a location other than a selected salon site, including:
(A) other beauty culture salons;
(B) clients' homes; and
(C) nursing homes.
As added by P.L.197-2007, SEC.29. Amended by P.L.170-2013, SEC.15.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 2. Cosmetology Regulation; Definitions › 25-8-2-18.5. "Pedicuring"

Sec. 18.5. "Pedicuring" means cleaning, dressing, polishing, sculpting, tipping, or wrapping the nails of a person's foot.
As added by P.L.158-2016, SEC.4.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 2. Cosmetology Regulation; Definitions › 25-8-2-19. "Threading"

Sec. 19. "Threading" refers to:
(1) a technique that results in the removal of superfluous hair from the body by twisting thread around unwanted hair and pulling it from the skin; and
(2) the incidental trimming of eyebrow hair.
As added by P.L.78-2008, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 2. Cosmetology Regulation; Definitions › 25-8-2-20. "Natural Hair Braiding"

Sec. 20. (a) "Natural hair braiding" means performing the act of twisting, wrapping, weaving, extending, locking, or braiding hair by hand or with mechanical devices that includes:
(1) the use of natural or synthetic hair extensions, natural or synthetic hair and fibers, decorative beads, and other hair accessories;
(2) minor trimming of natural hair or hair extensions incidental to twisting, wrapping, weaving, extending, locking, or braiding hair;
(3) the making of wigs from natural hair, natural fibers, synthetic fibers, and hair extensions; and
(4) the use of topical agents such as conditioners, gels, moisturizers, oils, pomades, and shampoos in performing the acts described in subdivisions (1) through (3).
(b) Natural hair braiding does not include:
(1) the application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl, or alter the structure of the hair; or
(2) the use of chemical hair joining agents such as synthetic tape, keratin, bonds, or fusion bonds.
As added by P.L.189-2017, SEC.6.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 3. State Board of Cosmetology and Barber Examiners › 25-8-3-1. Establishment

Sec. 1. The state board of cosmetology and barber examiners is established.
As added by P.L.257-1987, SEC.2. Amended by P.L.84-2010, SEC.29.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 3. State Board of Cosmetology and Barber Examiners › 25-8-3-2. Members; Appointment

Sec. 2. The board consists of seven (7) members. The governor shall appoint all the members of the board.
As added by P.L.257-1987, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 3. State Board of Cosmetology and Barber Examiners › 25-8-3-5. Board Membership Qualifications

Sec. 5. (a) Each of the members of the board must reside in Indiana.
(b) Subject to IC 25-1-6.5-3, the members of the board must meet the following qualifications:
(1) Two (2) of the members must:
(A) possess a current cosmetologist license; and
(B) have practiced cosmetology in Indiana continuously for at least five (5) years immediately before appointment.
(2) Two (2) of the members of the board must:
(A) possess a current barber license; and
(B) have practiced barbering in Indiana continuously for at least five (5) years immediately before appointment.
(3) One (1) of the members must be an owner or operator of a beauty culture school. However, the member may not be a licensed barber or cosmetologist.
(4) One (1) of the members must be licensed as an electrologist, an esthetician, or a manicurist.
(5) One (1) of the members must not have any association with the practice of beauty culture, except as a consumer.
As added by P.L.257-1987, SEC.2. Amended by P.L.184-1991, SEC.6; P.L.84-2010, SEC.30; P.L.170-2013, SEC.16; P.L.158-2016, SEC.5; P.L.249-2019, SEC.57.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 3. State Board of Cosmetology and Barber Examiners › 25-8-3-6. Board Member Political Affiliation

Sec. 6. No more than five (5) members of the board may belong to the same political party.
As added by P.L.257-1987, SEC.2. Amended by P.L.84-2010, SEC.31.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 3. State Board of Cosmetology and Barber Examiners › 25-8-3-7. Term of Office

Sec. 7. (a) Each board member appointed before July 1, 2019, serves a term of three (3) years, beginning on the date of appointment and continuing until:
(1) the member is removed under section 8 of this chapter; or
(2) a successor is appointed.
(b) Each board member appointed after June 30, 2019, serves a term under IC 25-1-6.5.
As added by P.L.257-1987, SEC.2. Amended by P.L.249-2019, SEC.58.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 3. State Board of Cosmetology and Barber Examiners › 25-8-3-8. Removal

Sec. 8. The governor may remove a board member under IC 25-1-6.5-4.
As added by P.L.257-1987, SEC.2. Amended by P.L.249-2019, SEC.59.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 3. State Board of Cosmetology and Barber Examiners › 25-8-3-10. Election of Officers

Sec. 10. The board shall, at its first meeting of each year, elect a president, vice president, and secretary from among its membership. Election of an officer under this section requires a majority vote of all the members of the board.
As added by P.L.257-1987, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 3. State Board of Cosmetology and Barber Examiners › 25-8-3-11. Officers; Terms of Office

Sec. 11. The officers elected under section 10 of this chapter have terms of one (1) year, beginning upon election and ending upon the election of a successor.
As added by P.L.257-1987, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 3. State Board of Cosmetology and Barber Examiners › 25-8-3-12. Officers; Vacancy

Sec. 12. If an office described in section 10 of this chapter becomes vacant, the board may fill the vacancy at its next meeting following the vacancy.
As added by P.L.257-1987, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 3. State Board of Cosmetology and Barber Examiners › 25-8-3-13. Quorum

Sec. 13. The board must have a quorum to transact business. Four (4) members of the board constitute a quorum.
As added by P.L.257-1987, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 3. State Board of Cosmetology and Barber Examiners › 25-8-3-16. Records

Sec. 16. The agency shall maintain a record of:
(1) the proceedings of the board;
(2) each person licensed under this article, stating the:
(A) name of the person; and
(B) address of the person;
(3) licenses issued under this article, stating the:
(A) number assigned to the license by the agency;
(B) date the license was issued; and
(C) actions taken by the board concerning the license, including any renewal, suspension, and revocation; and
(4) applications for a license under this article that were refused.
As added by P.L.257-1987, SEC.2. Amended by P.L.184-1991, SEC.7.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 3. State Board of Cosmetology and Barber Examiners › 25-8-3-17. Per Diem and Incurred Expenses

Sec. 17. Each member of the board is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). Each member of the board is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the department of administration and approved by the state budget agency.
As added by P.L.257-1987, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 3. State Board of Cosmetology and Barber Examiners › 25-8-3-19. Receipts; Deposit

Sec. 19. The agency shall deposit all money received under this article with the treasurer of state.
As added by P.L.257-1987, SEC.2. Amended by P.L.184-1991, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 3. State Board of Cosmetology and Barber Examiners › 25-8-3-20. Repository of Receipts

Sec. 20. The treasurer of state shall deposit the money received under section 19 of this chapter in the state general fund.
As added by P.L.257-1987, SEC.2. Amended by P.L.1-1990, SEC.250.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 3. State Board of Cosmetology and Barber Examiners › 25-8-3-21. Administration Expenses

Sec. 21. The agency shall pay for the expenses for administering this article from the state general fund under appropriations designated for that purpose.
As added by P.L.257-1987, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 3. State Board of Cosmetology and Barber Examiners › 25-8-3-23. Rules Prescribing Sanitary Requirements, Establishing Standards, Implementing Licensing System, and Establishing Requirements for Mobile Salons

Sec. 23. (a) The board shall adopt rules under IC 4-22-2 to:
(1) prescribe sanitary requirements for:
(A) beauty culture salons; and
(B) beauty culture schools;
(2) establish standards for the practice of cosmetology and the operation of:
(A) beauty culture salons; and
(B) beauty culture schools;
(3) implement the licensing system under this article and provide for a staggered renewal system for licenses; and
(4) establish requirements for beauty culture school uniforms for students and instructors.
(b) The board shall adopt rules under IC 4-22-2 to specify whether the definition set forth in IC 25-8-2-5 includes the use of a straight razor.
(c) The board may adopt rules under IC 4-22-2 to establish the following for the practice of cosmetology, barbering, electrology, esthetics, or manicuring in a mobile salon:
(1) Sanitation standards.
(2) Safety requirements.
(3) Permanent address requirements at which the following are located:
(A) Records of appointments.
(B) License numbers of employees.
(C) If applicable, the vehicle identification number of the license holder's self-contained facility.
(4) Enforcement actions to ensure compliance with the requirements under this article and all local laws and ordinances.
As added by P.L.257-1987, SEC.2. Amended by P.L.184-1991, SEC.9; P.L.197-2007, SEC.30; P.L.84-2010, SEC.32; P.L.170-2013, SEC.17; P.L.158-2016, SEC.6.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 3. State Board of Cosmetology and Barber Examiners › 25-8-3-24. Enforcement Personnel; Compensation

Sec. 24. The agency shall provide inspectors, investigators, and clerks to enforce this article. The agency shall fix their compensation and reimburse them for their necessary expenses incurred in enforcing this article by payments from the state general fund under appropriations designated for that purpose.
As added by P.L.257-1987, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 3. State Board of Cosmetology and Barber Examiners › 25-8-3-26. Sanitary Rules Given to Licensees

Sec. 26. The board shall furnish each person licensed to operate:
(1) a beauty culture salon; or
(2) a beauty culture school;
with a copy of the rules concerning sanitary requirements described in section 23(a)(1) of this chapter.
As added by P.L.257-1987, SEC.2. Amended by P.L.184-1991, SEC.10; P.L.84-2010, SEC.33; P.L.170-2013, SEC.18.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 3. State Board of Cosmetology and Barber Examiners › 25-8-3-27. Posting Sanitary Requirement Rules in Salon or School

Sec. 27. A person operating:
(1) a beauty culture salon; or
(2) a beauty culture school;
shall post the rules described in section 26 of this chapter in a conspicuous place in that salon or school.
As added by P.L.257-1987, SEC.2. Amended by P.L.184-1991, SEC.11; P.L.84-2010, SEC.34; P.L.170-2013, SEC.19.
2023 Indiana Code › Title 25. Professions and Occupations › Article 8. Beauty Culture › Chapter 3. State Board of Cosmetology and Barber Examiners › 25-8-3-28. Inspections

Sec. 28. (a) A member of the board or any inspector or investigator may inspect:
(1) a beauty culture salon;
(2) a beauty culture school; or
(3) a mobile salon;
during its regular business hours.
(b) A member of the board or any inspector or investigator may inspect:
(1) a beauty culture salon;
(2) a beauty culture school; or
(3) a mobile salon;
before an initial license is issued.
As added by P.L.257-1987, SEC.2. Amended by P.L.184-1991, SEC.12; P.L.157-2006, SEC.37; P.L.177-2009, SEC.24; P.L.84-2010, SEC.35; P.L.170-2013, SEC.20; P.L.2-2014, SEC.104.