reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 8. Establishment of the Occupational Therapy Compact Commission › 25-43-8-4. Executive Committee

Sec. 4. (a) The executive committee shall have the power to act on behalf of the commission according to the terms of this compact.
(b) The executive committee shall be composed of the following nine (9) members:
(1) Seven (7) voting members who are elected by the commission from the current membership of the commission.
(2) One (1) ex-officio, nonvoting member from a recognized national occupational therapy professional association.
(3) One (1) ex-officio, nonvoting member from a recognized national occupational therapy certification organization.
(c) The ex-officio members will be selected by their respective organizations.
(d) The commission may remove any member of the executive committee as provided in bylaws.
(e) The executive committee shall meet at least annually.
(f) The executive committee shall have the following duties and responsibilities:
(1) Recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact member states such as annual dues, and any commission compact fee charged to licensees for the compact privilege.
(2) Ensure compact administration services are appropriately provided, contractual, or otherwise.
(3) Prepare and recommend the budget.
(4) Maintain financial records on behalf of the commission.
(5) Monitor compact compliance of member states and provide compliance reports to the commission.
(6) Establish additional committees as necessary.
(7) Perform other duties as provided in rules or bylaws.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 8. Establishment of the Occupational Therapy Compact Commission › 25-43-8-5. Meetings Open to the Public; Notice; Closed Meetings; Meeting Minutes

Sec. 5. (a) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in IC 25-43-10.
(b) The commission or the executive committee or other committees of the commission may convene in a closed, nonpublic meeting if the commission or executive committee or other committees of the commission must discuss any of the following:
(1) Noncompliance of a member state with its obligations under the compact.
(2) The employment, compensation, discipline or other matters, practices, or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures.
(3) Current, threatened, or reasonably anticipated litigation.
(4) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate.
(5) Accusing any person of a crime or formally censuring any person.
(6) Disclosure of trade secrets or commercial or financial information that is privileged or confidential.
(7) Disclosure of information of a personal nature in which disclosure would constitute a clearly unwarranted invasion of personal privacy.
(8) Disclosure of investigative records compiled for law enforcement purposes.
(9) Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact.
(10) Matters specifically exempted from disclosure by federal or member state statute.
(c) If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
(d) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 8. Establishment of the Occupational Therapy Compact Commission › 25-43-8-6. Commission Expenses; Annual Assessments; Accounting and Audits

Sec. 6. (a) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
(b) The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
(c) The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved by the commission each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission, which shall promulgate a rule binding upon all member states.
(d) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state.
(e) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 8. Establishment of the Occupational Therapy Compact Commission › 25-43-8-7. Immunity; Defense in Civil Actions; Indemnification

Sec. 7. (a) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
(b) The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.
(c) The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 9. Data System › 25-43-9-1. Data Base

Sec. 1. The commission shall provide for the development, maintenance, and utilization of a coordinated data base and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 9. Data System › 25-43-9-2. Submitting Uniform Data Set

Sec. 2. A member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable (utilizing a unique identifier) as required by the rules of the commission, including:
(1) identifying information;
(2) licensure data;
(3) adverse actions against a license or compact privilege;
(4) nonconfidential information related to alternative program participation;
(5) any denial of application for licensure, and the reason(s) for such denial;
(6) other information that may facilitate the administration of this compact, as determined by the rules of the commission; and
(7) current significant investigative information.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 9. Data System › 25-43-9-3. Access to Information

Sec. 3. Current significant investigative information and other investigative information pertaining to a licensee in any member state will only be available to other member states.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 9. Data System › 25-43-9-4. Required Notification by Commission

Sec. 4. The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 9. Data System › 25-43-9-5. Designation of Information by Member State

Sec. 5. Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 9. Data System › 25-43-9-6. Information Required to Be Expunged

Sec. 6. Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 10. Rulemaking › 25-43-10-1. Rulemaking Powers

Sec. 1. The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this chapter and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 10. Rulemaking › 25-43-10-2. Promulgation of Rules; Invalidation of Rules

Sec. 2. The commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the compact. Notwithstanding the foregoing, in the event the commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted hereunder, then such an action by the commission shall be invalid and have no force and effect.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 10. Rulemaking › 25-43-10-3. Rejection of Rules

Sec. 3. If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four (4) years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 10. Rulemaking › 25-43-10-5. Notice of Proposed Rulemaking

Sec. 5. Before the promulgation and adoption of a final rule or rules by the commission, and at least thirty (30) days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking:
(1) on the website of the commission or other publicly accessible platform; and
(2) on the website of each member state occupational therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 10. Rulemaking › 25-43-10-6. Notice Requirements

Sec. 6. The notice of proposed rulemaking shall include the following:
(1) The proposed time, date, and location of the meeting where the rule will be considered and voted upon.
(2) The text of the proposed rule or amendment and the reason for the proposed rule.
(3) A request for comments on the proposed rule from any interested person.
(4) The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 10. Rulemaking › 25-43-10-7. Submitting Written Data, Facts, Opinions, and Arguments

Sec. 7. Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 10. Rulemaking › 25-43-10-8. Public Hearing

Sec. 8. The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
(1) at least twenty-five (25) persons;
(2) a state or federal governmental subdivision or agency; or
(3) an association or organization having at least twenty-five (25) members.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 10. Rulemaking › 25-43-10-9. Public Hearing; Notice; Recording; Separate Hearing on Each Rule Not Required

Sec. 9. (a) If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the commission shall publish the mechanism for access to the electronic hearing.
(b) All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.
(c) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
(d) All hearings will be recorded. A copy of the recording will be made available on request.
(e) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this chapter.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 10. Rulemaking › 25-43-10-10. Considering Comments

Sec. 10. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 10. Rulemaking › 25-43-10-11. Promulgation of Proposed Rule Without Public Hearing

Sec. 11. If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 10. Rulemaking › 25-43-10-12. Final Action on Proposed Rule

Sec. 12. The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 10. Rulemaking › 25-43-10-13. Emergency Rules

Sec. 13. Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the compact and in this chapter shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
(1) meet an imminent threat to public health, safety, or welfare;
(2) prevent a loss of commission or member state funds;
(3) meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or
(4) protect public health and safety.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 10. Rulemaking › 25-43-10-14. Revising a Previously Adopted Rule; Notice; Opportunity to Challenge

Sec. 14. The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 11. Oversight, Dispute Resolution, and Enforcement › 25-43-11-1. Enforcement of Compact; Compact Standing as Statutory Law; Judicial Notice; Service of Process; Standing to Intervene

Sec. 1. (a) The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.
(b) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the commission.
(c) The commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact, or promulgated rules.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 11. Oversight, Dispute Resolution, and Enforcement › 25-43-11-2. Default; Termination From Compact; Responsibility for Obligations or Costs; Appeal; Costs and Attorney's Fees

Sec. 2. (a) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall:
(1) provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the commission; and
(2) provide remedial training and specific technical assistance regarding the default.
(b) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(c) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.
(d) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(e) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.
(f) The defaulting state may appeal the action of the commission by petitioning the United States District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 11. Oversight, Dispute Resolution, and Enforcement › 25-43-11-3. Dispute Resolution

Sec. 3. (a) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states.
(b) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 11. Oversight, Dispute Resolution, and Enforcement › 25-43-11-4. Enforcement of Compact Provisions and Rules; Legal Action by Commission; Relief; Remedies Not Exclusive

Sec. 4. (a) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
(b) By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.
(c) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 12. Date of Implementation of the Interstate Commission for Occupational Therapy Practice and Associated Rules, Withdrawal, and Amendment › 25-43-12-1. Compact Effective Date

Sec. 1. The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 12. Date of Implementation of the Interstate Commission for Occupational Therapy Practice and Associated Rules, Withdrawal, and Amendment › 25-43-12-2. Application and Effect of Rules

Sec. 2. Any state that joins the compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 12. Date of Implementation of the Interstate Commission for Occupational Therapy Practice and Associated Rules, Withdrawal, and Amendment › 25-43-12-3. Withdrawal From Compact

Sec. 3. (a) Any member state may withdraw from this compact by enacting a statute repealing the same.
(b) A member state's withdrawal shall not take effect until six (6) months after enactment of the repealing statute.
(c) Withdrawal shall not affect the continuing requirement of the withdrawing state's occupational therapy licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 12. Date of Implementation of the Interstate Commission for Occupational Therapy Practice and Associated Rules, Withdrawal, and Amendment › 25-43-12-4. Agreements or Arrangements Between Member and Nonmember States

Sec. 4. Nothing contained in this compact shall be construed to invalidate or prevent any occupational therapy licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 12. Date of Implementation of the Interstate Commission for Occupational Therapy Practice and Associated Rules, Withdrawal, and Amendment › 25-43-12-5. Compact Amendment

Sec. 5. This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 13. Construction and Severability › 25-43-13-1. Liberal Construction; Severability

Sec. 1. This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 14. Binding Effect of Compact and Other Laws › 25-43-14-1. Compliance With State Law

Sec. 1. A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 14. Binding Effect of Compact and Other Laws › 25-43-14-2. Enforcement of Nonconflicting State Law

Sec. 2. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 14. Binding Effect of Compact and Other Laws › 25-43-14-3. Effect of Conflicting State Law

Sec. 3. Any laws in a member state in conflict with the compact are superseded to the extent of the conflict.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 14. Binding Effect of Compact and Other Laws › 25-43-14-4. Binding Effect on Member States

Sec. 4. Any lawful actions of the commission, including all rules and bylaws promulgated by the commission, are binding upon the member states.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 14. Binding Effect of Compact and Other Laws › 25-43-14-5. Commission's Agreements With Member States

Sec. 5. All agreements between the commission and the member states are binding in accordance with their terms.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 43. Occupational Therapy Licensure Compact › Chapter 14. Binding Effect of Compact and Other Laws › 25-43-14-6. Severability

Sec. 6. In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
As added by P.L.21-2023, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 1. General Provisions › 26-1-1-0.2. Transactions Entered Into After July 1, 1964, and Before January 1, 1986; Status of Certain Perfected Security Interests

Sec. 0.2. A transaction validly entered into after July 1, 1964, and before January 1, 1986, which:
(1) was subject to this article, as effective on December 31, 1985; and
(2) would be subject to P.L.93-1985 if it had been entered into after December 31, 1985;
and the rights, duties, and interests flowing from such a transaction remain valid after December 31, 1985, and may be terminated, completed, consummated, or enforced as required or permitted by P.L.93-1985. Security interests arising out of such a transaction that are perfected as of January 1, 1986, shall remain perfected until they lapse as provided by sections 0.4 and 0.5 of this chapter and may be continued as permitted by P.L.93-1985 except as stated in section 0.3 of this chapter.
As added by P.L.220-2011, SEC.412.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 1. General Provisions › 26-1-1-0.3. Certain Security Interests Considered Perfected

Sec. 0.3. A security interest, for the perfection of which filing or the taking of possession was required under this article, as effective on December 31, 1985, and which attached before January 1, 1986, but was not perfected, is considered perfected on January 1, 1986, if P.L.93-1985 permits perfection without filing or authorizes filing in the office or offices where a prior ineffective filing was made.
As added by P.L.220-2011, SEC.413.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 1. General Provisions › 26-1-1-0.4. Status of Certain Financing Statements and Continuation Statements; Effectiveness of Certain Financing Statements; Requirement for New Financing Statements; Status of Records of Certain Real Estate Mortgages

Sec. 0.4. (a) A financing statement or continuation statement filed before January 1, 1986, that has not lapsed before January 1, 1986, remains effective for the period provided in this article, as effective on December 31, 1985, but not less than five (5) years after the filing.
(b) With respect to any collateral acquired by the debtor after December 31, 1985, any effective financing statement or continuation statement described in this section applies only if the filing or filings are in the office or offices that would be appropriate to perfect the security interests in the new collateral under P.L.93-1985.
(c) The effectiveness of any financing statement or continuation statement filed before January 1, 1986, may be continued by a continuation statement as permitted by P.L.93-1985 except that if P.L.93-1985 requires a filing in an office where there was no previous financing statement, a new financing statement conforming to section 0.5 of this chapter must be filed in that office.
(d) If the record of a mortgage of real estate would have been effective as a fixture filing of goods described in the mortgage if P.L.93-1985 had been in effect on the date of recording the mortgage, the mortgage is considered effective as a fixture filing as to such goods under IC 26-1-9-402(6), as amended by P.L.93-1985 and before its repeal, on January 1, 1986.
As added by P.L.220-2011, SEC.414.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 1. General Provisions › 26-1-1-0.5. Status of Certain Security Interests; Conditions; Lapsing of Perfection; Filing of Financing Statements

Sec. 0.5. (a) If a security interest is perfected or has priority as of December 31, 1985, as to all persons or as to certain persons without any filing or recording, and if the filing of a financing statement would be required for the perfection or priority of the security interest against those persons under P.L.93-1985, the perfection and priority rights of the security interest continue until December 31, 1988. The perfection will then lapse unless a financing statement is filed as provided in subsection (d) or unless the security interest is perfected otherwise than by filing.
(b) If a security interest is perfected as of December 31, 1985, under a law other than this article, as effective on December 31, 1985, which requires no further filing, refiling, or recording to continue its perfection, perfection continues until and will lapse on December 31, 1988, unless:
(1) a financing statement is filed as provided in subsection (d);
(2) the security interest is perfected otherwise than by filing; or
(3) under IC 26-1-9-302(3), as amended by P.L.93-1985 and before its repeal, the other law continues to govern filing.
(c) If a security interest is perfected by a filing, refiling, or recording under a law repealed by P.L.93-1985, which required further filing, refiling, or recording to continue its perfection, perfection continues and will lapse on the date provided by the repealed law for the further filing, refiling, or recording unless a financing statement is filed as provided in subsection (d) or unless the security interest is perfected otherwise than by filing.
(d) A financing statement may be filed within six (6) months before the perfection of a security interest would otherwise lapse. Any such financing statement may be signed by either the debtor or the secured party. The financing statement must identify the security agreement, statement, or notice (however denominated in any statute or other law repealed or modified by P.L.93-1985), state the office where and the date when the last filing, refiling, or recording, if any, was made with respect to the security agreement, statement, or notice and the filing number, if any, or book and page, if any, of recording, and further state that the security agreement, statement, or notice, however denominated, in another filing office under this article, as amended by P.L.93-1985, or under any statute or other law repealed or modified by P.L.93-1985 is still effective. IC 26-1-9-401 and IC 26-1-9-103, as amended by P.L.93-1985 and before their repeal, determine the proper place to file such a financing statement. Except as specified in this subsection, the provisions of IC 26-1-9-403(3), as amended by P.L.93-1985 and before its repeal, for continuation statements apply to such a financing statement.
As added by P.L.220-2011, SEC.415.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 1. General Provisions › 26-1-1-0.6. Application of Article to Certain Questions of Priority; Exceptions

Sec. 0.6. Except as otherwise provided in sections 0.2, 0.3, 0.4, and 0.5 of this chapter, this article, as effective on December 31, 1985, applies to any questions of priority if the positions of the parties were fixed before January 1, 1986. In other cases, questions of priority shall be determined by this article.
As added by P.L.220-2011, SEC.416.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 1. General Provisions › 26-1-1-101. Short Title; Application

Sec. 101. (1) IC 26-1 shall be known and may be cited as Uniform Commercial Code.
(2) IC 26-1 applies to a transaction to the extent that it is governed by another article of the Uniform Commercial Code.
Formerly: Acts 1963, c.317, s.1-101. As amended by P.L.152-1986, SEC.110; P.L.143-2007, SEC.1.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 1. General Provisions › 26-1-1-102. Purposes; Rules of Construction; Variation by Agreement

Sec. 102. (1) IC 26-1 shall be liberally construed and applied to promote its underlying purposes and policies.
(2) Underlying purposes and policies of IC 26-1 are:
(a) to simplify, clarify, and modernize the law governing commercial transactions;
(b) to permit the continued expansion of commercial practices through custom, usage, and agreement of the parties;
(c) to make uniform the law among the various jurisdictions.
(3) The effect of provisions of IC 26-1 may be varied by agreement, except as otherwise provided in IC 26-1 and except that the obligations of good faith, diligence, reasonableness, and care prescribed by IC 26-1 may not be disclaimed by agreement, but the parties may by agreement determine the standards by which the performance of such obligations is to be measured, if such standards are not manifestly unreasonable.
(4) The presence in certain provisions of IC 26-1 of the words "unless otherwise agreed" or words of similar import does not imply that the effect of other provisions may not be varied by agreement under subsection (3).
(5) In IC 26-1, unless the context otherwise requires:
(a) words in the singular number include the plural, and in the plural include the singular;
(b) words of the masculine gender include the feminine and the neuter, and when the sense so indicates, words of the neuter gender may refer to any gender.
Formerly: Acts 1963, c.317, s.1-102. As amended by P.L.152-1986, SEC.111.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 1. General Provisions › 26-1-1-103. Supplementary General Principles of Law Applicable

Sec. 103. Unless displaced by the particular provisions of IC 26-1, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause, shall supplement the provisions of IC 26-1.
Formerly: Acts 1963, c.317, s.1-103. As amended by P.L.152-1986, SEC.112.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 1. General Provisions › 26-1-1-104. Construction Against Implicit Repeal

Sec. 104. IC 26-1 being a general statute intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
Formerly: Acts 1963, c.317, s.1-104. As amended by P.L.152-1986, SEC.113.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 1. General Provisions › 26-1-1-105. Repealed

Formerly: Acts 1963, c.317, s.1-105. As amended by P.L.93-1985, SEC.2; P.L.189-1991, SEC.1; P.L.247-1995, SEC.1; P.L.183-1996, SEC.1; P.L.144-1997, SEC.2; P.L.57-2000, SEC.11. Repealed by P.L.143-2007, SEC.78.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 1. General Provisions › 26-1-1-106. Remedies to Be Liberally Administered

Sec. 106. (1) The remedies provided by IC 26-1 shall be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed, but neither consequential or special nor penal damages may be had except as specifically provided in IC 26-1 or by other rule of law.
(2) Any right or obligation declared by IC 26-1 is enforceable by action unless the provision declaring it specifies a different and limited effect.
Formerly: Acts 1963, c.317, s.1-106. As amended by P.L.152-1986, SEC.114.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 1. General Provisions › 26-1-1-107. Waiver or Renunciation of Claim or Right After Breach

Sec. 107. Any claim or right arising out of an alleged breach can be discharged in whole or in part without consideration by a written waiver or renunciation signed and delivered by the aggrieved party.
Formerly: Acts 1963, c.317, s.1-107.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 1. General Provisions › 26-1-1-108. Severability

Sec. 108. The provisions of IC 26-1 are severable in the manner provided by IC 1-1-1-8(b).
Formerly: Acts 1963, c.317, s.1-108. As amended by P.L.152-1986, SEC.115.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 1. General Provisions › 26-1-1-108.1. Powers of Secretary of State; Filing; Acceptance of Payment for Fees

Sec. 108.1. (a) The secretary of state may provide that a document required to be filed under this article with the secretary of state may be filed by electronic transmission meeting the requirements established by the secretary of state.
(b) The secretary of state may accept payment of a filing fee for a document filed by electronic transmission by credit card, debit card, charge card, or similar method. However, if the filing fee is paid by credit card, debit card, charge card, or similar method, the liability is not finally discharged until the secretary of state receives payment or credit from the institution responsible for making the payment or credit.
(c) The secretary of state may contract with a bank or credit card vendor for acceptance of bank or credit cards. However, if there is a vendor transaction charge or discount fee, whether billed to the secretary of state or charged directly to the secretary of state's account, the secretary of state or the credit card vendor may collect from the person using the bank or credit card a fee that may not exceed the highest transaction charge or discount fee charged to the secretary of state by the bank or credit card vendor during the most recent collection period. The fee may be collected regardless of any agreement between the bank and a credit card vendor or regardless of any internal policy of the credit card vendor that may prohibit this type of fee. The fee is a permitted additional charge under IC 24-4.5-3-202.
As added by P.L.11-1996, SEC.33. Amended by P.L.177-2019, SEC.14.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 1. General Provisions › 26-1-1-108.2. Effect on Electronic Signatures in Global and National Commerce Act

Sec. 108.2. This article modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001 et seq.).
However, this article does not:
(a) modify, limit, or supersede 15 U.S.C. 7001(c); or
(b) authorize the electronic delivery of a notice described in 15 U.S.C. 7003(b).
As added by P.L.143-2007, SEC.2.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 1. General Provisions › 26-1-1-202. Prima Facie Evidence by Third Party Documents

Sec. 202. A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher's or inspector's certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party shall be prima facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third party.
Formerly: Acts 1963, c.317, s.1-202.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 1. General Provisions › 26-1-1-203. Obligation of Good Faith

Sec. 203. Every contract or duty within IC 26-1 imposes an obligation of good faith in its performance or enforcement.
Formerly: Acts 1963, c.317, s.1-203. As amended by P.L.152-1986, SEC.116.
2023 Indiana Code › Title 26. Commercial Law › Article 1. Uniform Commercial Code › Chapter 1. General Provisions › 26-1-1-204. Time; Reasonable Time; "Seasonably"

Sec. 204. (1) Whenever IC 26-1 requires any action to be taken within a reasonable time, any time which is not manifestly unreasonable may be fixed by agreement.
(2) What is a reasonable time for taking any action depends on the nature, purpose, and circumstances of such action.
(3) An action is taken "seasonably" when it is taken at or within the time agreed or, if no time is agreed, at or within a reasonable time.
Formerly: Acts 1963, c.317, s.1-204. As amended by P.L.152-1986, SEC.117.