Indiana § 25-4-2-13 - Continuing education and training; requirements

§ 25-4-2-13. Continuing education and training; requirements

Sec. 13. (a) The board may adopt rules under IC 4-22-2 to do the following:

(1) Require continuing education and training for landscape architects.

(2) Set minimum requirements for continuing education and training for landscape architects.

(3) Set minimum requirements for continuing education instructors approved by the board.

(b) The rules adopted under this section must require a landscape architect to comply with the following:

(1) The landscape architect shall provide the board with a sworn statement signed by the landscape architect that the landscape architect has fulfilled the continuing education requirements required by the board.

(2) The requirements under IC 25-1-4.

As added by P.L.23-2003, SEC.2. Amended by P.L.157-2006, SEC.24.

IC 25-5ARTICLE 5. REPEALEDRepealed by Acts 1978, P.L.2, SEC.2570.

IC 25-5.1ARTICLE 5.1. ATHLETIC TRAINERS

Ch. 1.Definitions Ch. 2.Indiana Athletic Trainers Board Ch. 3.Licensing; Examination Ch. 4.Unlawful Practice

IC 25-5.1-1Chapter 1. Definitions

25-5.1-1-0.5Exemptions from article 25-5.1-1-1Application of definitions 25-5.1-1-1.5Agency 25-5.1-1-2Athletic injury 25-5.1-1-3"Athletic trainer" 25-5.1-1-4"Athletic training" 25-5.1-1-5Board 25-5.1-1-6Repealed 25-5.1-1-7Repealed 25-5.1-1-8"BOC" 25-5.1-1-9"CAATE" 25-5.1-1-10"Manual therapies" 25-5.1-1-11"Supervision"

IC 25-5.1-1-0.5Exemptions from article Sec. 0.5. This article does not apply to an individual who meets the following conditions:

(1) Is not a resident of Indiana.

(2) Is employed for the primary purpose of providing athletic training services for an athletic or sports organization in another jurisdiction.

(3) Provides athletic training services in Indiana related to the training or participation of a specific event but does not provide athletic training services in Indiana for more than thirty-five (35) consecutive days.

As added by P.L.87-2000, SEC.1.

IC 25-5.1-1-1Application of definitions Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.213-1993, SEC.5.

IC 25-5.1-1-1.5Agency Sec. 1.5. "Agency" refers to the Indiana professional licensing agency established by IC 25-1-5-3.

As added by P.L.1-2006, SEC.420.

IC 25-5.1-1-2Athletic injury Sec. 2. "Athletic injury" refers to an injury sustained by a physically active individual as a result of the individual's participation in:

(1) an exercise;

(2) a sport;

(3) a game; or

(4) a recreational activity;

requiring physical strength, agility, flexibility, range of motion, speed, or stamina. The term includes any comparable injury that impedes the individual's participation in any of the activities listed in this section.

As added by P.L.213-1993, SEC.5.

IC 25-5.1-1-3"Athletic trainer" Sec. 3. "Athletic trainer" means an individual who is or may be employed by an educational institution, a professional or an amateur athletic organization, an occupational or athletic facility, or a health care facility to practice athletic training.

As added by P.L.213-1993, SEC.5. Amended by P.L.252-2023, SEC.1.

IC 25-5.1-1-4"Athletic training" Sec. 4. (a) "Athletic training" means the practice of prevention, recognition, assessment, athletic training diagnosis, management, treatment, disposition, rehabilitation, and reconditioning of athletic injuries under the direction and supervision of a licensed physician, osteopath, podiatrist, or chiropractor. However, in a clinic accessible to the general public, the term means practicing athletic training only upon the referral, order, and supervision of a licensed physician, osteopath, podiatrist, or chiropractor, or specific licensed designees such as nurse practitioners or physician assistants. The term includes the following:

(1) Practice that may be conducted by an athletic trainer through the use of heat, light, sound, cold, electricity, manual therapies, exercise, rehabilitation, or mechanical devices related to the care and the reconditioning of athletes.

(2) The organization and administration of educational programs and athletic facilities.

(3) The education and the counseling of the public on matters related to athletic training.

(b) The term does not include joint manipulation of the spinal column.

As added by P.L.213-1993, SEC.5. Amended by P.L.84-1998, SEC.7; P.L.252-2023, SEC.2; P.L.9-2024, SEC.454.

IC 25-5.1-1-5Board Sec. 5. "Board" refers to the Indiana athletic trainers board established by IC 25-5.1-2-1.

As added by P.L.213-1993, SEC.5. Amended by P.L.84-1998, SEC.8.

IC 25-5.1-1-6RepealedAs added by P.L.213-1993, SEC.5. Repealed by P.L.1-2006, SEC.588.

IC 25-5.1-1-7RepealedAs added by P.L.213-1993, SEC.5. Repealed by P.L.252-2023, SEC.3.

IC 25-5.1-1-8"BOC" Sec. 8. "BOC" refers to the Board of Certification, Inc.

As added by P.L.252-2023, SEC.4.

IC 25-5.1-1-9"CAATE" Sec. 9. "CAATE" refers to the Commission on Accreditation of Athletic Training Education.

As added by P.L.252-2023, SEC.5.

IC 25-5.1-1-10"Manual therapies" Sec. 10. "Manual therapies" means soft tissue techniques, massage, and low-velocity, non-thrust joint mobilization.

As added by P.L.252-2023, SEC.6.

IC 25-5.1-1-11"Supervision" Sec. 11. "Supervision" means:

(1) advising;

(2) consenting to; or

(3) directing the activities of;

an athletic trainer through written or oral orders. The term includes ensuring that the referral of athletic injuries is appropriate to the athletic trainer's level of training and experience.

As added by P.L.252-2023, SEC.7.

IC 25-5.1-2Chapter 2. Indiana Athletic Trainers Board

25-5.1-2-1Board established 25-5.1-2-2Members 25-5.1-2-3Continuation of practice 25-5.1-2-4Terms of office; removal of members 25-5.1-2-5Vacancies 25-5.1-2-6Powers and duties 25-5.1-2-7Compensation of members

IC 25-5.1-2-1Board established Sec. 1. The Indiana athletic trainers board is established.

As added by P.L.213-1993, SEC.5. Amended by P.L.84-1998, SEC.9.

IC 25-5.1-2-2Members Sec. 2. (a) The board consists of five (5) members appointed by the governor as follows:

(1) One (1) member who is a medical doctor, osteopath, podiatrist, or chiropractor, involved in the practice of sports medicine.

(2) Three (3) members who are athletic trainers engaged in the practice of athletic training in Indiana for at least two (2) years immediately preceding their appointment.

(3) One (1) member representing the public who is a resident of Indiana and who is not associated with athletic training.

(b) In making the appointments described in subsection (a), the governor shall make appointments according to IC 25-1-6.5-3.

As added by P.L.213-1993, SEC.5. Amended by P.L.249-2019, SEC.52.

IC 25-5.1-2-3Continuation of practice Sec. 3. An individual appointed to the board who is an athletic trainer must continue to practice athletic training in Indiana while serving as a member of the board.

As added by P.L.213-1993, SEC.5.

IC 25-5.1-2-4Terms of office; removal of members Sec. 4. (a) The term of office for each member of the board is specified under IC 25-1-6.5.

(b) A member of the board may be removed under IC 25-1-6.5-4.

As added by P.L.213-1993, SEC.5. Amended by P.L.249-2019, SEC.53; P.L.101-2020, SEC.2.

IC 25-5.1-2-5Vacancies Sec. 5. A vacancy on the board shall be filled under IC 25-1-6.5.

As added by P.L.213-1993, SEC.5. Amended by P.L.249-2019, SEC.54.

IC 25-5.1-2-6Powers and duties Sec. 6. The board shall do the following:

(1) Organize by electing a president, vice president, and secretary.

(2) Adopt rules under IC 4-22-2 to do the following:

(A) Provide for the licensure of athletic trainers.

(B) Fix application fees, examination fees, and licensure fees.

(C) Establish standards for the practice of athletic training under this article.

(D) Establish standards for continuing education that conform with the standards of the BOC.

(E) Otherwise implement this article.

(3) Prescribe the application forms to be furnished to all persons seeking to be licensed under this article.

(4) Prescribe the form and design of the license to be issued under this article.

(5) Conduct hearings, keep records of proceedings, and do all things necessary to properly administer and enforce this article.

(6) Publish and make available the following upon request and for a fee not to exceed the actual cost of printing and mailing:

(A) Requirements for issuance of an athletic trainer's license under this article.

(B) Rules adopted under this article.

(7) Maintain and make available as required by IC 4-1-6 and IC 5-14-3 a register of each licensed athletic trainer in Indiana, including each licensed athletic trainer's last known address and the expiration date and identification number of the licensed athletic trainer's license.

As added by P.L.213-1993, SEC.5. Amended by P.L.84-1998, SEC.10; P.L.252-2023, SEC.8.

IC 25-5.1-2-7Compensation of members Sec. 7. (a) Each member of the board who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

(b) Each member of the board who is a state employee is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

As added by P.L.213-1993, SEC.5.

IC 25-5.1-3Chapter 3. Licensing; Examination

25-5.1-3-1License requirements 25-5.1-3-1.5Temporary licenses 25-5.1-3-2Issuance of licenses 25-5.1-3-3Refusal to issue licenses 25-5.1-3-4Expiration of licenses; renewal 25-5.1-3-5Renewal of expired licenses 25-5.1-3-6Examination exemptions 25-5.1-3-7Other occupations, professions, student activities, or performance of first aid not prohibited 25-5.1-3-8Temporary permits

IC 25-5.1-3-1License requirements Sec. 1. (a) To qualify for a license under this article, an individual must satisfy the following requirements:

(1) Satisfactorily complete an application for licensure in accordance with the rules adopted by the board.

(2) Pay the application fees, examination fees, and licensure fees established by the board.

(3) Not have been convicted of a crime that has a direct bearing on the applicant's ability to practice competently as determined by the board.

(4) Not have had disciplinary action taken against the applicant or the applicant's license by the board or by the licensing agency of another state or jurisdiction by reason of the applicant's inability to safely practice athletic training with those reasons for discipline still being valid as determined by the board.

(5) Show to the satisfaction of the board that the applicant has received a professional athletic training degree from a postsecondary educational institution that meets the academic standards for athletic trainers established by the CAATE and described in subsection (b).

(6) Except to the extent that section 6 of this chapter applies, successfully pass the qualifying examination adopted by the board.

(b) The minimum academic standards for athletic trainers licensed under this article as required under subsection (a)(5) include the satisfactory completion of a CAATE accredited professional athletic training program and successful completion of the BOC examination.

As added by P.L.213-1993, SEC.5. Amended by P.L.84-1998, SEC.11; P.L.87-2000, SEC.2; P.L.173-2001, SEC.1; P.L.2-2007, SEC.318; P.L.252-2023, SEC.9.

IC 25-5.1-3-1.5Temporary licenses Sec. 1.5. (a) If a person meets each of the requirements of section 1 of this chapter other than the requirement under section 1(a)(6), the board may issue a temporary license to the person.

(b) A temporary license issued under this section is valid for not more than ninety (90) days after the date of issuance.

As added by P.L.173-2001, SEC.2.

IC 25-5.1-3-2Issuance of licenses Sec. 2. Except as provided in section 3 of this chapter, the board shall issue a license to an individual who:

(1) meets the conditions set out in section 1 of this chapter; and

(2) is otherwise qualified for licensure under this article.

As added by P.L.213-1993, SEC.5. Amended by P.L.84-1998, SEC.12.

IC 25-5.1-3-3Refusal to issue licenses Sec. 3. The board may refuse to issue a license to an applicant for licensure under section 1 or 1.5 of this chapter if:

(1) the board determines during the application process that the applicant committed an act that would have subjected the applicant to disciplinary sanction under section 1(a)(4) of this chapter if the applicant had been:

(A) certified before July 1, 1998; or

(B) licensed after June 30, 1998;

in Indiana when the act occurred; or

(2) the applicant has had a:

(A) certificate revoked under IC 25-1-1.1 before July 1, 1998; or

(B) license revoked under IC 25-1-1.1 after June 30, 1998.

As added by P.L.213-1993, SEC.5. Amended by P.L.84-1998, SEC.13; P.L.87-2000, SEC.3; P.L.173-2001, SEC.3.

IC 25-5.1-3-4Expiration of licenses; renewal Sec. 4. (a) Subject to IC 25-1-2-6(e), after a three (3) year renewal cycle ending December 31, 2017, a license issued by the board expires on a date established by the agency under IC 25-1-5-4 in each odd-numbered year.

(b) An individual may renew a license by paying a renewal fee not later than the expiration date of the license.

(c) If an individual fails to timely pay a renewal fee as required by subsection (b), the individual's license becomes invalid without any action being taken by the board.

As added by P.L.213-1993, SEC.5. Amended by P.L.84-1998, SEC.14; P.L.1-2006, SEC.421; P.L.177-2015, SEC.14.

IC 25-5.1-3-5Renewal of expired licenses Sec. 5. (a) Except as provided in subsection (b), an individual whose license has expired may have the license reinstated not later than three (3) years after the date of expiration upon meeting the requirements under IC 25-1-8-6(c).

(b) A license that has been expired for more than three (3) years may be reinstated if the individual holding the license satisfies the requirements for reinstatement under IC 25-1-8-6(d).

As added by P.L.213-1993, SEC.5. Amended by P.L.84-1998, SEC.15; P.L.269-2001, SEC.6; P.L.105-2008, SEC.15.

IC 25-5.1-3-6Examination exemptions Sec. 6. If an individual who applies for a license under this article meets any of the following conditions, the individual may be exempted from the examination requirement under section 1(a)(6) of this chapter by action of the board:

(1) The individual is licensed to practice athletic training in another state if the other state's standards for licensure are at least equal to the standards for licensure in Indiana.

(2) The individual is certified by the BOC and is otherwise qualified for licensure under this article.

(3) The individual is certified by an organization recognized by the National Commission on Competency Assurance and is otherwise qualified for licensure under this article.

As added by P.L.213-1993, SEC.5. Amended by P.L.84-1998, SEC.16; P.L.87-2000, SEC.4; P.L.252-2023, SEC.10.

IC 25-5.1-3-7Other occupations, professions, student activities, or performance of first aid not prohibited Sec. 7. This article does not prohibit the following:

(1) The practice of an occupation or profession for which an individual is licensed, certified, or registered in Indiana by a state agency.

(2) The practice of a health care occupation or profession by an individual who is practicing within the individual's education and experience.

(3) The performance of a first aid procedure incidental to an individual's employment or volunteer duties.

(4) The performance of an emergency first aid procedure by an individual.

(5) A student, an intern, or a trainee from pursuing a course of study in athletic training from an accredited postsecondary educational institution if:

(A) the activities are performed under qualified supervision and constitute a part of the individual's supervised course of study; and

(B) the individual uses a title that contains the word "intern", "student", or "trainee".

(6) The use of the title "student athletic trainer" by a student enrolled in a high school or a postsecondary educational institution while assisting an athletic trainer during athletic activities of the high school or postsecondary educational institution.

As added by P.L.84-1998, SEC.17. Amended by P.L.87-2000, SEC.5; P.L.2-2007, SEC.319.

IC 25-5.1-3-8Temporary permits Sec. 8. (a) The board may issue a temporary permit to a person to practice as an athletic trainer if the person pays a fee and the person:

(1) has a valid license or certificate to practice from another state and the person has applied for a license from the board;

(2) is practicing in a state that does not license or certify athletic trainers but is certified by the BOC, approved by the board, and the person has applied for a license from the board; or

(3) has met the requirements of section 1 of this chapter, except for the requirement of section 1(a)(6) of this chapter.

(b) A person with a temporary permit issued under subsection (a)(3) may practice as an athletic trainer only under the supervision of an athletic trainer licensed under this article.

(c) A temporary permit expires on the earliest of:

(1) the date the person holding the permit is issued a license under this article;

(2) the date the board disapproves the person's license application; or

(3) ninety (90) days after the date of issuance.

As added by P.L.173-2001, SEC.4. Amended by P.L.252-2023, SEC.11.

IC 25-5.1-4Chapter 4. Unlawful Practice

25-5.1-4-1Practice or use of title without license prohibited 25-5.1-4-2Violations

IC 25-5.1-4-1Practice or use of title without license prohibited Sec. 1. An individual may not:

(1) practice as an athletic trainer; or

(2) use:

(A) the title "licensed athletic trainer", "athletic trainer", "licensed trainer", or "athletic training";

(B) the abbreviations "AT", "ATC", "AT,C", "LAT", "ATC/L"; or

(C) other words, abbreviations, or insignia;

to indicate or imply that the individual is an athletic trainer;

unless the individual is licensed under this article.

As added by P.L.213-1993, SEC.5. Amended by P.L.84-1998, SEC.18; P.L.87-2000, SEC.6.

IC 25-5.1-4-2Violations Sec. 2. An individual who knowingly violates or causes to be violated section 1 of this chapter commits a Class B misdemeanor.

As added by P.L.213-1993, SEC.5. Amended by P.L.87-2000, SEC.7.

IC 25-5.2ARTICLE 5.2. ATHLETE AGENTS

Ch. 1.Short Title and Definitions Ch. 2.Athlete Agent Registration

IC 25-5.2-1Chapter 1. Short Title and Definitions

25-5.2-1-1Short title 25-5.2-1-2Definitions applicable to article

IC 25-5.2-1-1Short title Sec. 1. This article may be cited as the Revised Uniform Athlete Agents Act.

As added by P.L.54-2001, SEC.5. Amended by P.L.95-2019, SEC.1.

IC 25-5.2-1-2Definitions applicable to article Sec. 2. The following definitions apply throughout this article:

(1) "Agency contract" means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the student athlete a professional sports services contract or an endorsement contract.

(2) "Applicant" means an individual who applies for a certificate of registration as an athlete agent under this article.

(3) "Athlete agent" means an individual, whether registered under this article or not, who:

(A) directly or indirectly, recruits or solicits a student athlete to enter into an agency contract for compensation, procures employment, or offers, promises, attempts, or negotiates to obtain employment for a student athlete as a professional athlete or member of a professional sports team or organization;

(B) for compensation or in anticipation of compensation related to a student athlete's participation in athletics:

(i) serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the institution for the benefit of the institution; or

(ii) manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes; or

(C) in anticipation of representing a student athlete for a purpose related to the athlete's participation in athletics:

(i) gives consideration to the student athlete or another person;

(ii) serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions; or

(iii) manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes.

The term does not include an individual who acts solely on behalf of a professional sports team or organization, or is a licensed, registered, or certified professional and offers or provides services to a student athlete customarily provided by members of the profession unless the individual also recruits or solicits the athlete to enter into an agency contract, procures employment, or offers, promises, attempts, or negotiates to obtain employment for the athlete, for compensation, as a professional athlete or member of a professional sports team or organization, or receives consideration for providing the services calculated using a different method than for an individual who is not a student athlete.

(4) "Athletic director" means an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate.

(5) "Contact" means a communication, direct or indirect, between an athlete agent and a student athlete, to recruit or solicit the student athlete to enter into an agency contract.

(6) "Educational institution" includes a public or private elementary school, secondary school, technical or vocational school, community college, college, and university.

(7) "Endorsement contract" means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party any value that the student athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance.

(8) "Enrolled" means registered for courses and attending athletic practice or class.

(9) "Intercollegiate sport" means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association for the promotion or regulation of collegiate athletics.

(10) "Interscholastic sport" means a sport played between educational institutions that are not community colleges, colleges, or universities.

(11) "Licensed, registered, or certified professional" means an individual licensed, registered, or certified as:

(A) an attorney;

(B) a dealer in securities;

(C) a financial planner;

(D) an insurance agent;

(E) a real estate broker or sales agent;

(F) a tax consultant or accountant; or

(G) a member of a profession other than that of athlete agent who is licensed, registered, or certified by the state or a nationally recognized organization that licenses, registers, or certifies members of the professional on the basis of experience, education, or testing.

(12) "Person" means an individual, a corporation, a business trust, an estate, a trust, a partnership, a limited liability company, an association, a joint venture, a government, a governmental subdivision, an agency, or an instrumentality, a public corporation, or any other legal or commercial entity.

(13) "Professional sports services contract" means an agreement under which an individual is employed, or agrees to render services, as a player on a professional sports team, with a professional sports organization, or as a professional athlete.

(14) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(15) "Recruit or solicit" means to attempt to influence the choice of an athlete agent by a student athlete or, if the athlete is a minor, a parent or guardian of the athlete. The term does not include giving advice about the selection of a particular agent in a family, coaching, or social situation unless the individual giving the advice does so because of the receipt or anticipated receipt of an economic benefit, directly or indirectly, from the agent.

(16) "Registration" means registration as an athlete agent under this article.

(17) "Sign" means, with present intent to authenticate or adopt a record:

(A) to execute or adopt a tangible symbol; or

(B) to attach to or logically associate with the record an electronic symbol, sound, or process.

(18) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(19) "Student athlete" means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in any interscholastic sport or intercollegiate sport. If an individual is permanently ineligible to participate in a particular interscholastic sport or intercollegiate sport, the individual is not a student athlete for purposes of that sport.

As added by P.L.54-2001, SEC.5. Amended by P.L.1-2003, SEC.74; P.L.95-2019, SEC.2.

IC 25-5.2-2Chapter 2. Athlete Agent Registration

25-5.2-2-1Service of process 25-5.2-2-2Certificate of registration 25-5.2-2-3Application for registration; agents licensed in other states 25-5.2-2-4Issuance of certificate of registration; renewal of registration 25-5.2-2-5Suspension, revocation, or refusal to renew certificate of registration 25-5.2-2-6Temporary certificate of registration 25-5.2-2-7Fee for renewal of registration 25-5.2-2-8Agency contracts 25-5.2-2-9Agency contracts; student athletes 25-5.2-2-10Cancellation of agency contract 25-5.2-2-11Retention of records by athlete agents 25-5.2-2-12Misconduct by athlete agent 25-5.2-2-13Rights of action 25-5.2-2-14Violations and penalties 25-5.2-2-15Uniform act 25-5.2-2-16Electronic records or signatures

IC 25-5.2-2-1Service of process Sec. 1. (a) By acting as an athlete agent in Indiana, a nonresident individual appoints the attorney general as the individual's agent for service of process in any civil action in Indiana related to the individual's acting as an athlete agent in Indiana.

(b) The attorney general may issue subpoenas for any material that is relevant to the administration of this article.

As added by P.L.54-2001, SEC.5.

IC 25-5.2-2-2Certificate of registration Sec. 2. (a) Except as otherwise provided in subsection (b), an individual may not act as an athlete agent in Indiana without holding a certificate of registration under section 4 or 6 of this chapter.

(b) Before being issued a certificate of registration, an individual may act as an athlete agent in Indiana for all purposes except signing an agency contract, if:

(1) a student athlete or another person acting on behalf of the student athlete initiates contact with the individual; and

(2) not later than seven (7) days after an initial act that requires the individual to register as an athlete agent, the individual submits an application for registration as an athlete agent in Indiana.

(c) An agency contract resulting from conduct in violation of this section is void and the athlete agent shall return any consideration received under the contract.

As added by P.L.54-2001, SEC.5. Amended by P.L.95-2019, SEC.3.

IC 25-5.2-2-3Application for registration; agents licensed in other states Sec. 3. (a) An applicant for registration as an athlete agent shall submit an application for registration to the attorney general in a form prescribed by the attorney general. An application filed under this section is a public record under IC 5-14-3. The applicant must be an individual and, except as otherwise provided in subsection (b), the application must be signed or otherwise authenticated by the applicant under penalty of perjury and contain the following information:

(1) The name and date of birth of the applicant and:

(A) the address of the applicant's principal place of business;

(B) the applicant's work and mobile telephone numbers; and

(C) information concerning any means of communicating electronically with the applicant, including:

(i) a facsimile number;

(ii) an electronic mail address; and

(iii) a personal, business, or employer hosted Internet web site address;

as applicable.

(2) The name of the applicant's business or employer, if applicable, including for each business or employer, the mailing address, telephone number, organization form, and the nature of the business.

(3) Each social media account with which the applicant or applicant's business or employer is affiliated.

(4) Any business or occupation engaged in by the applicant for the five (5) years immediately preceding the date of submission of the application, including self-employment and employment by others, and any professional or occupational license, registration, or certification held by the applicant during that time.

(5) A description of the applicant's:

(A) formal training as an athlete agent;

(B) practical experience as an athlete agent; and

(C) educational background relating to the applicant's activities as an athlete agent.

(6) The names and addresses of three (3) individuals not related to the applicant who are willing to serve as references.

(7) The name, sport, and last known team for each individual, or, if the individual is a minor, the name of the parent or guardian of the minor, for whom the applicant acted as an athlete agent during the five (5) years immediately preceding the date of submission of the application.

(8) The names and addresses of all persons who are:

(A) with respect to the athlete agent's business if it is not a corporation, the partners, members, officers, managers, associates, or profit sharers of the business or a person who directly or indirectly holds an equity interest of five percent (5%) or greater of the athlete's business; and

(B) with respect to a corporation employing the athlete agent, the officers, directors, and any shareholder of the corporation having an interest of five percent (5%) or greater.

(9) Whether the applicant or any person named in subdivision (8) has been convicted of a crime that, if committed in Indiana, would be a crime involving moral turpitude or a felony, and identify:

(A) the crime;

(B) the law enforcement agency involved; and

(C) if applicable, the date of the conviction and the fine or penalty imposed.

(10) A description of the status of any application by the applicant, or any person named in subdivision (8), for a state or federal business, professional, or occupational license, other than as an athlete agent, from a state or federal agency, including any denial, refusal to renew, suspension, withdrawal, or termination of the license and any reprimand or censure related to the license.

(11) Whether, during the fifteen (15) years preceding the date of application, the applicant or any person named in subdivision (8) has been a defendant or respondent in a civil proceeding, including a proceeding seeking an adjudication of legal incompetence and, if so, the date and a full explanation of each proceeding.

(12) Whether the applicant or any person named in subdivision (8) has an unsatisfied judgment or a judgment of continuing effect, including a domestic order concerning child support, which is not current at the date of application.

(13) Whether, during the ten (10) years preceding the date of application, the applicant or any person named in subdivision (8) was adjudicated bankrupt or was an owner of a business that was adjudicated bankrupt.

(14) Whether there has been any administrative or judicial determination that the applicant or any person named in subdivision (8) has made a false, misleading, deceptive, or fraudulent representation.

(15) A description of any instance in which the conduct of the applicant or any person named in subdivision (8) resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic, intercollegiate, or professional athletic event on a student athlete or a sanction on an educational institution.

(16) A description of any sanction, suspension, or disciplinary action taken against the applicant or any person named in subdivision (8) arising out of occupational or professional conduct.

(17) Whether there has been any denial of an application for, suspension or revocation of, refusal to renew, or abandonment of the registration or licensure of the applicant or any person named in subdivision (8) as an athlete agent in any state.

(18) Each state in which the applicant currently is registered as an athlete agent or has applied to be registered as an athlete agent.

(19) If the applicant is certified or registered by a professional league or players association:

(A) the name of the league or association;

(B) the date of certification or registration, and the date of expiration of the certificate or registration, if any; and

(C) if applicable, the date of any denial or an application for, suspension or revocation of, refusal to renew, withdrawal of, or termination of the certification or registration or any reprimand or censure related to the certification or registration.

(20) Any additional information required by the attorney general.

(b) An individual who has submitted an application for and holds a certificate of registration or licensure as an athlete agent in another state may submit:

(1) a copy of the application and certificate; and

(2) a statement that identifies any material change in the information on the application or verifies that there is no material change in the information, signed under penalty of perjury;

instead of submitting an application in the form prescribed under subsection (a).

(c) The attorney general shall accept the application and the certificate from the other state described in subsection (b) as an application for registration in Indiana if:

(1) the application to the other state was submitted in the other state within six (6) months immediately preceding the submission of the application in Indiana and the applicant certifies that the information contained in the application is current;

(2) the application to the other state contains information substantially similar to or more restrictive than that required in an application submitted in Indiana;

(3) the registration has not been revoked or suspended and no action involving the individual's conduct as an athlete agent is pending against the individual or the individual's registration in any state; and

(4) the application to the other state was signed by the applicant under penalty of perjury.

(d) For purposes of implementing subsection (b), the attorney general shall:

(1) cooperate with national organizations concerned with athlete agent issues and agencies in other states that register athlete agents to develop a common registration form and determine which states have laws that are substantially similar to or more restrictive than this article; and

(2) exchange information, including information related to actions taken against registered athlete agents or their registrations, with those organizations and agencies described in subdivision (1).

As added by P.L.54-2001, SEC.5. Amended by P.L.95-2019, SEC.4.

IC 25-5.2-2-4Issuance of certificate of registration; renewal of registration Sec. 4. (a) Except as otherwise provided in subsection (b), the attorney general shall issue a certificate of registration to an individual who complies with the requirements of section 3(a) of this chapter or whose application has been accepted under section 3(b) of this chapter.

(b) The attorney general may refuse to issue a certificate of registration if the attorney general determines that the applicant has engaged in conduct that has a significant adverse effect on the applicant's fitness to act as an athlete agent. In making the determination, the attorney general may consider whether any of the following apply to the applicant:

(1) The applicant has been convicted of a crime that, if committed in Indiana, would be a crime involving moral turpitude or a felony.

(2) The applicant made a materially false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent.

(3) The applicant has engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity.

(4) The applicant has engaged in conduct prohibited by section 12 of this chapter.

(5) The applicant has had a registration or a license as an athlete agent suspended, revoked, or denied or been refused renewal of a registration or a license as an athlete agent in any state.

(6) The applicant has engaged in conduct the consequences of which were that a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was imposed on a student athlete or educational institution.

(7) The applicant has engaged in conduct that significantly adversely reflects on the applicant's credibility, honesty, or integrity.

(c) In making a determination under subsection (b), the attorney general shall consider the following:

(1) How recently the conduct occurred.

(2) The nature of the conduct and the context in which it occurred.

(3) Any other relevant conduct of the applicant.

(d) An athlete agent may apply to renew a registration by submitting an application for renewal in a form prescribed by the attorney general. An application filed under this subsection is a public record under IC 5-14-3. The application for renewal must be signed by the applicant under penalty of perjury and must contain current information on all matters required by section 3(a) of this chapter for an original registration.

(e) An individual who has submitted an application for renewal of a registration or a license in another state, instead of submitting an application for renewal in the form prescribed under subsection (d), may file a copy of the application for renewal and a valid certificate of registration or a valid license from the other state. The attorney general shall accept the application for renewal from the other state as an application for renewal in Indiana if the application to the other state:

(1) was submitted in the other state within six (6) months immediately preceding the filing in Indiana and the applicant certifies that the information contained in the application for renewal is current;

(2) contains information substantially similar to or more comprehensive than that required in an application for renewal submitted in Indiana; and

(3) was signed by the applicant under penalty of perjury.

(f) A certificate of registration or a renewal of a registration is valid for two (2) years.

As added by P.L.54-2001, SEC.5.

IC 25-5.2-2-5Suspension, revocation, or refusal to renew certificate of registration Sec. 5. (a) The attorney general may suspend, revoke, or refuse to renew a certificate of registration for conduct that would have justified denial of registration under section 4(b) of this chapter.

(b) The attorney general may deny, suspend, revoke, or refuse to renew a certificate of registration only after proper notice and an opportunity for a hearing under IC 4-21.5.

As added by P.L.54-2001, SEC.5.

IC 25-5.2-2-6Temporary certificate of registration Sec. 6. The attorney general may issue a temporary certificate of registration while an application for registration or renewal of registration is pending.

As added by P.L.54-2001, SEC.5.

IC 25-5.2-2-7Fee for renewal of registration Sec. 7. A fee established by the attorney general in accordance with IC 25-1-8-2 must accompany an application for registration or renewal of registration.

As added by P.L.54-2001, SEC.5.

IC 25-5.2-2-8Agency contracts Sec. 8. (a) An agency contract must be in a record, signed or otherwise authenticated by the parties.

(b) An agency contract must contain the following:

(1) A statement that the athlete agent is registered as an athlete agent in Indiana and a list of any other states in which the agent is registered as an athlete agent.

(2) The amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services.

(3) The name of any person not listed in the agent's application for registration or renewal of registration who will be compensated because the student athlete signed the agency contract.

(4) A description of any expenses that the athlete agrees to reimburse.

(5) A description of the services to be provided to the athlete.

(6) The duration of the contract.

(7) The date of execution.

(c) Subject to subsection (g), an agency contract must contain, in close proximity to the signature of the student athlete, a conspicuous notice in boldface type in capital letters stating:

WARNING TO STUDENT ATHLETE

IF YOU SIGN THIS CONTRACT:

(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;

(2) IF YOU HAVE AN ATHLETIC DIRECTOR, NOT LATER THAN SEVENTY-TWO (72) HOURS AFTER SIGNING THIS CONTRACT OR BEFORE THE NEXT SCHEDULED ATHLETIC EVENT IN WHICH YOU PARTICIPATE, WHICHEVER OCCURS FIRST, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR THAT YOU HAVE ENTERED INTO THIS CONTRACT AND PROVIDE THE NAME AND CONTACT INFORMATION OF THE ATHLETE AGENT; AND

(3) YOU MAY CANCEL THIS CONTRACT WITHIN FOURTEEN (14) DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY AS A STUDENT ATHLETE IN YOUR SPORT.

(d) An agency contract must be accompanied by a separate record signed by the student athlete, or, if the athlete is a minor, the parent or guardian of the athlete, acknowledging that signing the contract may result in the loss of the athlete's eligibility to participate in the athlete's sport.

(e) An agency contract that does not conform to this section is voidable by the student athlete, or if the student is a minor, the parent or guardian of the student. If a student athlete, or the parent or guardian of the student, voids an agency contract, the student athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract.

(f) At the time an agency contract is executed, the athlete agent shall give a record of the signed or otherwise authenticated agency contract, and the separate acknowledgment under subsection (d), to the student athlete, or, if the athlete is a minor, the parent or guardian of the athlete, at the time of execution.

(g) If a student athlete is a minor, an agency contract must be signed by the parent or guardian of the minor and the notice required by subsection (c) must be revised accordingly.

As added by P.L.54-2001, SEC.5. Amended by P.L.158-2013, SEC.279; P.L.95-2019, SEC.5.

IC 25-5.2-2-9Agency contracts; student athletes Sec. 9. (a) As used in this section, "communicate or attempt to communicate" means contact or attempt to contact by an in-person meeting, a record, or any other method that conveys or attempts to convey a message.

(b) Not later than seventy-two (72) hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give in a record notice of the existence of the contract to the athletic director of the educational institution at which the student athlete is enrolled or the athlete agent has reasonable grounds to believe the student athlete intends to enroll.

(c) Not later than seventy-two (72) hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete shall inform the athletic director of the educational institution at which the athlete is enrolled or intends to enroll that the athlete has entered into an agency contract and of the name and contact information of the athlete agent.

(d) If an athlete agent enters into an agency contract with a student athlete and the athlete subsequently enrolls at an educational institution, the agent shall notify the athletic director of the institution of the existence of the contract not later than seventy-two (72) hours after the agent knew or should have known the athlete enrolled.

(e) If an athlete agent has a relationship with a student athlete before the athlete enrolls in an educational institution and receives an athletic scholarship from the institution, the agent shall notify the educational institution of the relationship not later than ten (10) days after the enrollment if the agent knows or should have known of the enrollment and:

(1) the relationship was motivated in whole or in part by the intention of the agent to recruit or solicit the athlete to enter an agency contract in the future; or

(2) the agent directly or indirectly recruited or solicited the athlete to enter an agency contract before the enrollment.

(f) An athlete agency shall give notice in a record to the athletic director of any educational institution at which a student athlete is enrolled before the agent communicates or attempts to communicate with:

(1) the athlete, or, if the athlete is a minor, a parent or guardian of the athlete, to influence the athlete or parent or guardian to enter into an agency contract; or

(2) another individual to have that individual influence the athlete or, if the athlete is a minor, the parent or guardian of the athlete, to enter into an agency contract.

(g) If a communication or attempt to communicate with an athlete agent is initiated by a student athlete or another individual on behalf of the athlete, the agent shall notify in a record the athletic director of any educational institution at which the athlete is enrolled. The notification must be made not later than ten (10) days after the communication or attempt.

(h) An educational institution that becomes aware of a violation of this article by an athlete agent shall notify:

(1) the attorney general; and

(2) any professional league or players association with which the institution is aware the agent is licensed or registered;

of the violation.

As added by P.L.54-2001, SEC.5. Amended by P.L.158-2013, SEC.280; P.L.95-2019, SEC.6.

IC 25-5.2-2-10Cancellation of agency contract Sec. 10. (a) A student athlete, or, if the athlete is a minor, the parent or guardian of the athlete, may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within fourteen (14) days after the contract is signed.

(b) A student athlete, or, if the athlete is a minor, the parent or guardian of the athlete, may not waive the right to cancel an agency contract.

(c) If a student athlete, parent, or guardian cancels an agency contract, the student athlete, parent, or guardian is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to influence the student athlete to enter into the contract.

As added by P.L.54-2001, SEC.5. Amended by P.L.95-2019, SEC.7.

IC 25-5.2-2-11Retention of records by athlete agents Sec. 11. (a) An athlete agent shall retain the following records for a period of five (5) years:

(1) The name and address of each individual represented by the athlete agent.

(2) A copy of any agency contract entered into by the athlete agent.

(3) A record of any direct costs incurred by the athlete agent in the recruitment or solicitation of a student athlete to enter into an agency contract.

(b) Records required by subsection (a) to be retained are open to inspection by the attorney general during normal business hours.

As added by P.L.54-2001, SEC.5.

IC 25-5.2-2-12Misconduct by athlete agent Sec. 12. (a) Except as provided in subsection (c), an athlete agent who, with the intent to influence a student athlete, or, if the athlete is a minor, a parent or guardian of the athlete, to enter into an agency contract:

(1) gives any materially false or misleading information or makes a materially false promise or representation;

(2) furnishes anything of value to an athlete before the athlete enters into the agency contract; or

(3) furnishes anything of value to any individual other than the athlete or another registered athlete agent;

commits a Level 6 felony. An athlete agent who encourages an individual to take or assist in taking an action described in this subsection on behalf of the agent commits a Level 6 felony.

(b) An athlete agent who intentionally:

(1) initiates contact, directly or indirectly, with a student athlete, or, if the athlete is a minor, a parent or guardian of the athlete, to recruit or solicit the athlete, parent, or guardian to enter an agency contract unless registered under this article;

(2) refuses or fails to retain or permit inspection of the records required to be retained by section 11 of this chapter;

(3) fails to register when required by section 2 of this chapter;

(4) provides materially false or misleading information in an application for registration or renewal of registration;

(5) predates or postdates an agency contract; or

(6) fails to notify a student athlete, or, if the athlete is a minor, a parent or guardian of the athlete, before the athlete, parent, or guardian signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the athlete ineligible to participate as a student athlete in that sport;

commits a Level 6 felony. An athlete agent who encourages another individual to take or assist in taking an action described in this subsection on behalf of the agent commits a Level 6 felony.

(c) An athlete agent registered under this article who is certified as an athlete agent in a particular sport by a national association that promotes or regulates intercollegiate athletics and establishes eligibility standards for participation by a student athlete in the sport may pay expenses incurred before the signing of an agency contract by a student athlete, a family member of the student athlete, and an individual who is a member of a class of individuals authorized to receive payment for the expenses by the national association that certified the agent if the expenses are:

(1) for the benefit of an athlete who is a member of a class of athletes authorized to receive the benefit by the national association that certified the agent;

(2) of a type authorized to be paid by a certified agent by the national association that certified the agent;

(3) for a purpose authorized by the national association that certified the agent; and

(4) with respect to an athlete who is a high school student, allowed by the interscholastic association that determines eligibility for the athlete.

As added by P.L.54-2001, SEC.5. Amended by P.L.158-2013, SEC.281; P.L.95-2019, SEC.8.

IC 25-5.2-2-13Rights of action Sec. 13. (a) An educational institution or student athlete has a right of action against an athlete agent for damages if the institution or athlete is adversely affected by an act or omission of the agent in violation of this article. An educational institution or student athlete is adversely affected by an act or omission of the agent only if, because of the act or omission, the institution or an individual who was a student athlete at the time of the act or omission and enrolled in the institution:

(1) is suspended or disqualified from participation in an interscholastic or intercollegiate sports event by or under the rules of a state or national federation or association that promotes or regulates interscholastic or intercollegiate sports; or

(2) suffers financial damage.

In an action under this section, the court may award to the prevailing party costs and reasonable attorney's fees. An athlete agent found liable under this section forfeits any right of payment for anything of benefit or value provided to the student athlete and shall refund any consideration paid to the agent by or on behalf of the athlete.

(b) A right of action under this section does not accrue until the student athlete or educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent.

(c) Any liability of the athlete agent under this section is several and not joint.

(d) This article does not restrict rights, remedies, or defenses of any person under law or equity.

As added by P.L.54-2001, SEC.5. Amended by P.L.95-2019, SEC.9; P.L.156-2020, SEC.99.

IC 25-5.2-2-14Violations and penalties Sec. 14. (a) A person who violates this article is subject to a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each violation, as determined by the court. All civil penalties recovered under this chapter shall be deposited in the state general fund.

(b) In addition to the civil penalty imposed under subsection (a), the attorney general may restrict, suspend, or revoke a certificate of registration of an athlete agent for violation of this article.

(c) The attorney general may institute and conduct an action in the name of the state of Indiana for any of the following:

(1) An injunction in any circuit or superior court of Indiana for injunctive relief to restrain a person from continuing any activity that violates this article.

(2) The assessment and recovery of the civil penalty provided in subsection (a).

(d) The attorney general may present any evidence of a crime under section 12 of this chapter to any prosecuting attorney for initiation of criminal proceedings against the offender. The attorney general shall cooperate with the prosecuting attorney in the prosecution of the offense.

As added by P.L.54-2001, SEC.5.

IC 25-5.2-2-15Uniform act Sec. 15. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.

As added by P.L.54-2001, SEC.5.

IC 25-5.2-2-16Electronic records or signatures Sec. 16. The provisions of this article governing the legal effect, validity, or enforceability of electronic records or signatures, and of contracts formed or performed with the use of such records or signatures conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act, Pub. L. No. 106-229, 114 Stat. 464 (2000), and supersede, modify, and limit the Electronic Signatures in Global and National Commerce Act.

As added by P.L.54-2001, SEC.5.

IC 25-6ARTICLE 6. REPEALEDRepealed by Acts 1977, P.L.270, SEC.2.

IC 25-6.1ARTICLE 6.1. AUCTIONEERS AND AUCTIONS

Ch. 1.Short Title and Definitions Ch. 2.Creation of Commission Ch. 3.Licensing Ch. 4.Repealed Ch. 5.Repealed Ch. 6.Licensee Obligations Ch. 7.Penalties Ch. 8.Auctioneer Recovery Fund Ch. 9.Continuing Education

IC 25-6.1-1Chapter 1. Short Title and Definitions

25-6.1-1-1Repealed 25-6.1-1-2Scope of article 25-6.1-1-3Definitions

IC 25-6.1-1-1RepealedAs added by Acts 1977, P.L.270, SEC.1. Repealed by P.L.249-2019, SEC.55.

IC 25-6.1-1-2Scope of article Sec. 2. This article provides licensing and registration for persons engaged in operating, conducting or otherwise producing auctions. No other agency or political subdivision of the state shall impose on a licensee or seller at auction any registration or license requirement or any license or employment fee or charge on account of such auction activities.

As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980, P.L.163, SEC.1.

IC 25-6.1-1-3Definitions Sec. 3. As used in this article:

"Auction" means a sale transaction conducted by means of oral or written exchanges between an auctioneer and the members of the auctioneer's audience, which exchanges consist of a series of invitations for offers for the purchase of goods or real estate made by the auctioneer and offers to purchase made by members of the audience and culminate in the acceptance by the auctioneer of the highest or most favorable offer made by a member of the participating audience.

"Auction company" means any person or persons who, as a part of its business, arranges, manages, sponsors, advertises, or carries out auctions.

"Auctioneer" means an individual who is engaged in, or who by advertising or otherwise holds the individual out as being available to engage in, the calling for, the recognition of, and the acceptance of offers for the purchase of goods or real estate at an auction.

"Commission" means the Indiana auctioneer commission.

"Goods" means any goods, wares, chattels, merchandise, or other personal property, including domestic animals and farm products.

"Licensee" means any person licensed under this article and, in the case of an auction company, includes the person required to obtain a license for such auction company.

"Organization" means a corporation, a limited liability company, a partnership, a trust (specifically including a business trust), a firm, an association, or any other form of business enterprise which is owned by two (2) or more individuals.

"Person" means an organization or an individual.

"Real estate" means any right, title, or interest in real property, including fixtures.

"Licensing agency" means the Indiana professional licensing agency established by IC 25-1-5-3.

As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980, P.L.163, SEC.2; Acts 1981, P.L.222, SEC.35; P.L.132-1984, SEC.14; P.L.214-1993, SEC.13; P.L.1-2006, SEC.422; P.L.59-2014, SEC.1.

IC 25-6.1-2Chapter 2. Creation of Commission

25-6.1-2-1Creation and membership 25-6.1-2-2Meetings 25-6.1-2-3Officers; duties; terms 25-6.1-2-4Per diem and expenses 25-6.1-2-5Powers 25-6.1-2-6Fees; disposition

IC 25-6.1-2-1Creation and membership Sec. 1. (a) The Indiana auctioneer commission is created consisting of five (5) members, not more than three (3) of whom may be members of the same political party.

(b) Subject to IC 25-1-6.5-3, the governor shall appoint each commission member to serve for a term under IC 25-1-6.5. A vacancy arising on the commission shall be filled under IC 25-1-6.5.

(c) Four (4) individuals appointed to membership on the commission must be citizens of Indiana and engaged as auctioneers for a period of not less than five (5) years immediately preceding their appointment. One (1) individual appointed to membership on the commission must be a citizen of Indiana who has not been associated with auctioneering in any way other than as a consumer.

(d) An individual may not act as a member of the commission while holding another elected or appointed office in either the state or federal government.

(e) A board member may be removed under IC 25-1-6.5-4.

As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1981, P.L.222, SEC.36; P.L.249-2019, SEC.56.

IC 25-6.1-2-2Meetings Sec. 2. (a) The commission shall, at its first meeting each year, at a time and place established by the chairman, conduct an election of officers and such other business as may be appropriate. The commission shall also meet upon the call of the chairman or upon the request of any two (2) members of the commission. The secretary shall provide reasonable notice of the time and place of each meeting to all members.

(b) Three (3) members constitute a quorum for the purpose of transacting business. A majority vote of the commission is necessary to bind the commission.

As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.177-2015, SEC.15.

IC 25-6.1-2-3Officers; duties; terms Sec. 3. (a) At the first meeting held each year, the commission shall elect from its membership a chairman and a vice chairman. Each officer shall serve for a term of one (1) year and until the officer's successor is elected.

(b) The chairman shall preside at all meetings of the commission.

(c) The vice chairman shall act as presiding officer in the absence of the chairman and shall perform such other duties as the chairman may direct.

(d) The commission shall be provided with an executive secretary by the licensing agency. The person provided may not be a member of the commission.

(e) The executive secretary, through the licensing agency, shall:

(1) notify all members of meetings;

(2) keep a record of all meetings of the commission, votes taken by the commission, and other proceedings, transactions, communications, official acts, and records of the commission; and

(3) perform other duties as the chairman directs.

As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980, P.L.163, SEC.3; Acts 1981, P.L.222, SEC.37; P.L.132-1984, SEC.15; P.L.177-2015, SEC.16.

IC 25-6.1-2-4Per diem and expenses Sec. 4. Per Diem and Expenses. Each member of the commission shall receive a salary per diem for each day actually engaged in service of the commission, together with reimbursement for necessary travel expense incurred in the performance of his strictly official duties, in accordance with travel policies and procedures established by the department of administration and the state budget agency. The compensation and expense of said commission shall be paid out of the general fund of the state upon appropriation being made therefor in the manner provided by law for the making of such appropriations.

As added by Acts 1977, P.L.270, SEC.1.

IC 25-6.1-2-5Powers Sec. 5. (a) The commission is empowered to do the following:

(1) Administer and enforce the provisions of this article.

(2) Adopt such rules in accordance with IC 4-22-2 and such forms as are necessary or appropriate for the administration and the effective and efficient enforcement of this article.

(3) Issue, suspend, and revoke licenses in accordance with this article.

(4) Subject to IC 25-1-7, investigate complaints concerning licensees or persons the commission has reason to believe should be licensees, specifically including complaints respecting failure to comply with this article or the rules, and to take appropriate action pursuant to IC 25-1-11.

(5) Bring actions, in the name of the state of Indiana, in an appropriate circuit court, superior court, or probate court in order to enforce compliance with this article or the rules by restraining order or injunction.

(6) Hold public hearings on any matters for which a hearing is required under this article and to have all powers granted in IC 4-21.5.

(7) Adopt a seal and, through its secretary, certify copies.

(b) The licensing agency shall provide necessary employees and consultants to enforce this article.

(c) The commission shall adopt rules under IC 4-22-2 establishing the following:

(1) Standards for competent:

(A) practice as an auctioneer; and

(B) operation of an auction company.

(2) Continuing education requirements for an individual who has reactivated an auctioneer license with less than twelve (12) months remaining in the licensing period.

As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980, P.L.163, SEC.4; Acts 1981, P.L.222, SEC.38; P.L.132-1984, SEC.16; P.L.7-1987, SEC.112; P.L.1-1991, SEC.163; P.L.238-1995, SEC.1; P.L.59-2014, SEC.2; P.L.84-2016, SEC.102.

IC 25-6.1-2-6Fees; disposition Sec. 6. Fees, disposal. All fees received by the commission under this article shall be paid to the state treasurer to be placed by him in the general fund of the state. All records of such fees received by the commission shall be available for the inspection of the general public.

As added by Acts 1977, P.L.270, SEC.1.

IC 25-6.1-3Chapter 3. Licensing

25-6.1-3-1Coverage 25-6.1-3-2Auctioneer license 25-6.1-3-3Repealed 25-6.1-3-4Auction company license 25-6.1-3-5License fee; surcharge 25-6.1-3-6License requirement 25-6.1-3-7Display of license 25-6.1-3-8Duplicates and certified copies of licenses; fees 25-6.1-3-9Cease and desist order 25-6.1-3-10Denial of license; rights and remedies

IC 25-6.1-3-1Coverage Sec. 1. Coverage. (a) Except as provided in subsection (b), no individual may act as an auctioneer and no person may operate an auction company without obtaining and having in full force and effect a valid license issued by the commission in accordance with this chapter.

(b) The requirements of this article do not apply to:

(1) An auction of goods or real estate conducted exclusively by individuals who personally own such goods or real estate and who did not acquire such goods or real estate for resale.

(2) An auction conducted by or under the direction of any public authority.

(3) An auction conducted pursuant to any judicial order or to the settlement of a decedent's estate.

(4) A sale conducted by or on behalf of any political party, church, charitable corporation, or association if the individual conducting the sale receives no compensation and does not, by advertising or otherwise, hold himself or herself out as being available to engage in the sale of goods or real estate at auction.

As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.8-1993, SEC.374; P.L.59-2014, SEC.3.

IC 25-6.1-3-2Auctioneer license Sec. 2. (a) Every individual, before acting as an auctioneer, must obtain a license from the commission.

(b) An applicant for a license must:

(1) be at least eighteen (18) years of age;

(2) have completed at least eighty (80) actual hours of auction instruction from a course provider approved by the commission;

(3) not have a conviction for:

(A) an act which would constitute a ground for disciplinary sanction under IC 25-1-11; or

(B) a felony that has a direct bearing on the applicant's ability to practice competently.

(c) Auction instruction required under subsection (b) must provide the applicant with knowledge of all of the following:

(1) The value of real estate and of various goods commonly sold at an auction.

(2) Bid calling.

(3) Sale preparation, sale advertising, and sale summary.

(4) Mathematics.

(5) The provisions of this article and the commission's rules.

(6) Any other subject matter approved by the commission.

(d) For purposes of subsection (b)(2), the commission may approve online auction instruction that complies with subsection (c) and is offered by a course provider approved by the commission.

(e) An individual seeking an initial license as an auctioneer under this article shall file with the commission a completed application on the form prescribed by the commission. When filing an application for an auctioneer license, each individual shall pay a nonrefundable examination fee established by the commission under IC 25-1-8-2.

(f) When applying for a renewal of an auctioneer license, each individual shall do the following:

(1) Apply in a manner required by the commission, including certification by the applicant that the applicant has complied with the requirements of IC 25-6.1-9-8, unless the commission has granted the applicant a waiver under IC 25-6.1-9-9.

(2) Pay the renewal fee established by the commission under IC 25-1-8-2.

(g) Upon the receipt of a completed application for an initial or a renewal license, the commission shall examine the application and may verify the information contained therein.

(h) An applicant who is seeking an initial license must pass an examination approved by the commission that covers subjects and topics of knowledge required to practice as an auctioneer. The commission shall hold examinations as the commission may prescribe.

(i) The commission shall issue an auctioneer's license, in such form as it may prescribe, to each individual who meets all of the requirements for licensing and pays the appropriate fees.

(j) Auctioneer licenses shall be issued for a term of four (4) years. Subject to IC 25-1-2-6(e), a license expires at midnight on the date established by the licensing agency under IC 25-1-5-4 and every fourth year thereafter, unless renewed before that date. If the license has expired, it may be reinstated not later than four (4) years after the date it expired if the license holder meets the requirements of IC 25-1-8-6(c).

(k) If a license has expired for a period of more than four (4) years, the holder of the license may have the license reinstated by satisfying the requirements for reinstatement under IC 25-1-8-6(d).

(l) The commission may waive the requirement that a nonresident applicant pass an examination and that the nonresident submit written statements by two (2) individuals, if the nonresident applicant:

(1) is licensed to act as an auctioneer in the state of the applicant's domicile;

(2) submits with the application a duly certified letter of certification issued by the licensing board of the applicant's domiciliary state;

(3) is a resident of a state whose licensing requirements are substantially equal to the requirements of Indiana;

(4) is a resident of a state that grants the same privileges to the licensees of Indiana; and

(5) includes with the application an irrevocable consent that actions may be commenced against the applicant. The consent shall stipulate that service of process or pleadings on the commission shall be taken and held in all courts as valid and binding as if service of process had been made upon the applicant personally within this state. If any process or pleading mentioned in this subsection is served upon the commission, it shall be by duplicate copies. One (1) of the duplicate copies shall be filed in the office of the commission and one (1) shall be immediately forwarded by the commission by registered or certified mail to the applicant against whom the process or pleadings are directed.

(m) The commission may enter into a reciprocal agreement with another state concerning nonresident applicants.

As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980, P.L.163, SEC.5; Acts 1981, P.L.222, SEC.39; Acts 1982, P.L.113, SEC.32; P.L.3-1990, SEC.87; P.L.214-1993, SEC.14; P.L.238-1995, SEC.2; P.L.23-2003, SEC.3; P.L.194-2005, SEC.19; P.L.157-2006, SEC.25; P.L.105-2008, SEC.16; P.L.59-2014, SEC.4; P.L.177-2015, SEC.17; P.L.158-2018, SEC.1; P.L.29-2026, SEC.32.

IC 25-6.1-3-3RepealedAs added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980, P.L.163, SEC.6; P.L.3-1990, SEC.88; P.L.214-1993, SEC.15; P.L.84-1998, SEC.19; P.L.23-2003, SEC.4; P.L.105-2008, SEC.17. Repealed by P.L.59-2014, SEC.5.

IC 25-6.1-3-4Auction company license Sec. 4. (a) Every person other than:

(1) an individual who is a licensed auctioneer; or

(2) an individual who has a licensed auction house (until July 1, 2014);

who is seeking to operate as an auction company must obtain a license from the commission. Notwithstanding the fact that an individual who is a licensed auctioneer or (until July 1, 2014) an individual who has a licensed auction house also has an interest in an organization, every organization which seeks to operate an auction company must obtain a license for that auction company.

(b) An individual who holds an unexpired auction house license under IC 25-6.1-3-3 (before its repeal) may file with the commission a completed application for an auction company license on the form prescribed by the commission in rules adopted by the commission under IC 4-22-2. Upon the receipt of a completed application for an auction company license under this chapter, the commission shall examine the application and may verify the information contained in the application. Upon a determination by the commission that an application is complete and verified, the commission shall issue an auction company license, in a form it prescribes, to the applicant for a term equal to the remaining term of the unexpired auction house license. If an individual described in this subsection files a completed application for an auction company license before June 1, 2014, the commission shall determine whether the application is complete and verified before June 15, 2014. If the commission determines that the application is complete and verified, the commission shall issue the individual an auction company license before July 1, 2014.

(c) Every such person shall file with the commission a complete application on the form prescribed by the commission. Each application shall be accompanied by the license fee prescribed by section 5 of this chapter and a surcharge described in IC 25-6.1-8-2.

(d) Upon the receipt of a completed application for an initial or renewal license, the commission shall examine the application and may verify the information contained therein.

(e) Upon a determination by the commission that an application is complete and duly verified, the commission shall issue an auction company license, in such form as it may prescribe, to the applicant.

(f) Auction company licenses shall expire on a date established by the licensing agency under IC 25-1-5-4, and every fourth year thereafter.

(g) If the holder of an auction company license does not renew the license by the date established by the licensing agency, the license expires and becomes invalid without any action taken by the commission.

(h) The holder of an auction company license that has been expired for not more than four (4) years may have the license reinstated by meeting the requirements under IC 25-1-8-6(c).

(i) The holder of an auction company license that has been expired for more than four (4) years may have the license reinstated by satisfying the requirements for reinstatement under IC 25-1-8-6(d).

(j) Any individual who wishes to operate an auction company, and who is exempt under subsection (a) from obtaining an auction company license, shall, not more than thirty (30) days before the date on which the individual begins to operate an auction company, notify the commission, in a writing signed by the individual, that the individual is operating as an auction company or as more than one (1) auction company. The individual shall specify in such written notification the trade or business name, and the address of the principal place of business, of each auction company which the individual operates. Whenever an individual to whom this subsection applies shall discontinue the operation of an auction company operated by the individual, or shall change its address or trade or business name, the individual shall promptly notify the secretary of the commission of such discontinuance or change, in a writing signed by the individual.

As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980, P.L.163, SEC.7; P.L.3-1990, SEC.89; P.L.214-1993, SEC.16; P.L.23-2003, SEC.5; P.L.105-2008, SEC.18; P.L.59-2014, SEC.6; P.L.86-2018, SEC.198; P.L.29-2026, SEC.33.

IC 25-6.1-3-5License fee; surcharge Sec. 5. At the time of obtaining a license under this chapter, the licensee shall pay:

(1) the license fee established by the commission under IC 25-1-8-2; and

(2) a surcharge under IC 25-6.1-8 for deposit in the auctioneer recovery fund.

As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.256-1987, SEC.2; P.L.23-2003, SEC.6; P.L.194-2005, SEC.20.

IC 25-6.1-3-6License requirement Sec. 6. All auctions arranged by or through an auction company shall be conducted exclusively by individuals who are licensed as auctioneers under this chapter.

As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.59-2014, SEC.7.

IC 25-6.1-3-7Display of license Sec. 7. Display of License. Every person licensed under this article shall display his license or a certified copy of it issued by the commission in the full and unobstructed view of the public at his principal place of business.

As added by Acts 1977, P.L.270, SEC.1.

IC 25-6.1-3-8Duplicates and certified copies of licenses; fees Sec. 8. (a) The commission may charge the fee established under IC 25-1-8-2 as the cost of providing duplicate licenses to replace lost or destroyed licenses.

(b) The commission may charge a fee established under IC 25-1-8-2 for the cost of verifying a license to another state.

As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.235-1995, SEC.2; P.L.194-2005, SEC.21.

IC 25-6.1-3-9Cease and desist order Sec. 9. (a) When the commission determines that a person not licensed under this article is engaged in or is believed to be engaged in activities for which a license is required under this article, the commission may issue an order to that person requiring the person to show cause why the person should not be ordered to cease and desist from such activities. The show cause order shall set forth a time and place for a hearing at which the affected person may appear and show cause as to why the person should not be subject to licensing under this article.

(b) If the commission, after a hearing, determines that the activities in which the person is engaged are subject to licensing under this article, the commission may issue a cease and desist order which shall describe the person and activities which are the subject of the order.

(c) A cease and desist order issued under this section shall be enforceable in the circuit courts, superior courts, or probate courts of this state.

As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.84-2016, SEC.103.

IC 25-6.1-3-10Denial of license; rights and remedies Sec. 10. Any person who makes proper and complete application to the commission and who is denied a license under this article has all of the rights and remedies prescribed in IC 4-21.5.

As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.7-1987, SEC.113.

IC 25-6.1-4Chapter 4. RepealedRepealed by P.L.32-2021, SEC.70.

IC 25-6.1-5Chapter 5. RepealedRepealed by P.L.256-1987, SEC.5.

IC 25-6.1-6Chapter 6. Licensee Obligations

25-6.1-6-1Performance by auctioneer 25-6.1-6-2Accounting and paying over 25-6.1-6-3Records and accounts 25-6.1-6-4Written contracts 25-6.1-6-5Advertising 25-6.1-6-6Trust accounts

IC 25-6.1-6-1Performance by auctioneer Sec. 1. Performance by Auctioneer. In performing the duties of an auctioneer, every auctioneer shall follow all reasonable requests of the owner or consignor of the goods or real estate being sold at the auction, shall perform his duties so that the highest or most favorable offer made by a member of his audience is accepted, and shall otherwise perform his duties in accordance with the highest standards of the auctioneering profession.

As added by Acts 1977, P.L.270, SEC.1.

IC 25-6.1-6-2Accounting and paying over Sec. 2. Accounting and Paying Over. (a) Every licensee, within thirty (30) days after the sale transaction, shall account to, or see to an accounting for, those persons who own or who are acting as consignor of goods or real estate which is the subject of an auction engaged in or conducted by such licensee or upon such licensee's premises.

(b) Every licensee, within thirty (30) days after a sale transaction of goods and within a reasonable time after a real estate sale transaction, shall pay over, or see to the paying over of, all monies and proceeds due to the owner or the consignor of goods or real estate which was the subject of an auction engaged in or conducted by such licensee or upon such licensee's premises.

As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980, P.L.163, SEC.9.

IC 25-6.1-6-3Records and accounts Sec. 3. Records and Accounts. Each licensee shall keep and maintain in a place of safety for a period of not less than two (2) years complete and correct records and accounts pertaining to that licensee's licensed activity, including the name and address of the owner or consignor of all goods and real estate involved in such activities, a description of such goods and real estate, the terms and conditions of the acceptance and sale of such goods and real estate, and accounts of all monies received and paid out, whether on the licensee's own behalf or as agent, as a result of such activities.

As added by Acts 1977, P.L.270, SEC.1.

IC 25-6.1-6-4Written contracts Sec. 4. No licensee shall sell goods or real estate at auction until the auctioneer or auction company involved has first entered into a written contract with the owner or consignor of such goods or real estate, which contract sets forth the terms and conditions upon which such auctioneer or auction company accepts the goods or real estate for sale. A copy of every written contract shall be retained for a period of two (2) years from the date of the auction.

As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980, P.L.163, SEC.10; P.L.59-2014, SEC.8.

IC 25-6.1-6-5Advertising Sec. 5. Advertising. All advertisements of auctions shall disclose:

(1) the auctioneer's name and the name of the auction company involved; and

(2) the name of the owner or consignor of goods or real estate to be sold or the fact that the goods are being sold on general consignment.

As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980, P.L.163, SEC.11; P.L.59-2014, SEC.9.

IC 25-6.1-6-6Trust 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.

IC 25-6.1-7Chapter 7. Penalties

25-6.1-7-1Failure to be licensed 25-6.1-7-2Other violations 25-6.1-7-3Injunctions 25-6.1-7-4Affidavit, information, or indictment; sufficiency of charge

IC 25-6.1-7-1Failure 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.

IC 25-6.1-7-2Other 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.

IC 25-6.1-7-3Injunctions 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.

IC 25-6.1-7-4Affidavit, 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.

IC 25-6.1-8Chapter 8. Auctioneer Recovery Fund

25-6.1-8-1Establishment of fund; administration; investments 25-6.1-8-2Surcharge; formula; assessment 25-6.1-8-2.1Reversion of excess funds 25-6.1-8-3Interest credited; payment of expenses 25-6.1-8-4Claims against fund; applications; amount of loss; limitation on recovery 25-6.1-8-5Claims against single licensee in excess of dollar limitation; joinder of claims; payment; insufficient funds 25-6.1-8-6Agents for service of process 25-6.1-8-7Limitation of actions; notice of commencement of action 25-6.1-8-8Commission as defendant; hearings; order of payment of claim 25-6.1-8-9Payment of claim 25-6.1-8-10Suspension of judgment debtor's license; repayment by licensee; interest 25-6.1-8-11Subrogation 25-6.1-8-12Expenditure of interest 25-6.1-8-13Attorney general; assistance to commission; expenses

IC 25-6.1-8-1Establishment 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.

IC 25-6.1-8-2Surcharge; 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.

IC 25-6.1-8-2.1Reversion 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.

IC 25-6.1-8-3Interest 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.

IC 25-6.1-8-4Claims 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.

IC 25-6.1-8-5Claims 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.

IC 25-6.1-8-6Agents 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.

IC 25-6.1-8-7Limitation 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.

IC 25-6.1-8-8Commission 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.

IC 25-6.1-8-9Payment 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.

IC 25-6.1-8-10Suspension 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.

IC 25-6.1-8-11Subrogation 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.

IC 25-6.1-8-12Expenditure 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.

IC 25-6.1-8-13Attorney 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.

IC 25-6.1-9Chapter 9. Continuing Education

25-6.1-9-1Continuing education required for license renewal 25-6.1-9-2Requirements for sponsor approval 25-6.1-9-3Sponsor records 25-6.1-9-4Expiration and renewal of sponsor approval 25-6.1-9-5Inspection of sponsor's records and facilities 25-6.1-9-6Advertisements related to courses offered 25-6.1-9-6.5Education officer; continuing education requirements compliance 25-6.1-9-7Exemption 25-6.1-9-8Application 25-6.1-9-9Waiver 25-6.1-9-10Inactive license

IC 25-6.1-9-1Continuing 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.

IC 25-6.1-9-2Requirements 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.

IC 25-6.1-9-3Sponsor 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.

IC 25-6.1-9-4Expiration 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.

IC 25-6.1-9-5Inspection of sponsor's records and facilities Sec. 5. The commission may inspect an approved sponsor's records and facilities.

As added by P.L.238-1995, SEC.3.

IC 25-6.1-9-6Advertisements 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.

IC 25-6.1-9-6.5Education 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.

IC 25-6.1-9-7Exemption 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.

IC 25-6.1-9-8Application 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.

IC 25-6.1-9-9Waiver 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.

IC 25-6.1-9-10Inactive 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.

IC 25-7ARTICLE 7. REPEALEDRepealed by P.L.84-2010, SEC.102.

IC 25-8ARTICLE 8. BEAUTY CULTURE

Ch. 1.Repealed Ch. 1.1.Application of Article Ch. 2.Cosmetology Regulation; Definitions Ch. 3.State Board of Cosmetology and Barber Examiners Ch. 4.Cosmetology Licenses; General Provisions Ch. 5.Cosmetology School Licenses Ch. 6.Instructor Licenses Ch. 6.1.Repealed Ch. 6.2.Repealed Ch. 6.3.Repealed Ch. 6.4.Repealed Ch. 7.Cosmetology Salon Licenses Ch. 7.1.Repealed Ch. 7.2.Repealed Ch. 8.Repealed Ch. 8.1.Repealed Ch. 9.Cosmetologist Licenses Ch. 10.Electrologist Licenses Ch. 11.Manicurist Licenses Ch. 12.Repealed Ch. 12.1.Barber Licenses Ch. 12.5.Esthetician Licenses Ch. 12.6.Repealed Ch. 13.Fees Ch. 14.Enforcement Ch. 15.Repealed Ch. 15.4.Tanning Facilities Ch. 16.Repealed

IC 25-8-1Chapter 1. RepealedRepealed by P.L.257-1987, SEC.18.

IC 25-8-1.1Chapter 1.1. Application of Article

25-8-1.1-1Deregulation of natural hair braiding 25-8-1.1-2Exemption from regulation for the application of eyelash extensions

IC 25-8-1.1-1Deregulation 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.

IC 25-8-1.1-2Exemption 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.

IC 25-8-2Chapter 2. Cosmetology Regulation; Definitions

25-8-2-1Definitions applicable to article 25-8-2-2"Agency" 25-8-2-2.1"Barber" 25-8-2-2.2Repealed 25-8-2-2.3Repealed 25-8-2-2.4"Beauty culture salon" 25-8-2-2.5Repealed 25-8-2-2.6"Beauty culture professional" 25-8-2-2.7"Barbering" 25-8-2-3"Board" 25-8-2-3.5Repealed 25-8-2-4"Cosmetologist" 25-8-2-5"Cosmetology" 25-8-2-5.5Repealed 25-8-2-6Repealed 25-8-2-7"Beauty culture school" 25-8-2-8"Electrolysis" 25-8-2-9"Electrologist" 25-8-2-9.2Repealed 25-8-2-9.5"Esthetician" 25-8-2-9.6Repealed 25-8-2-10"Instructor" 25-8-2-11"License" 25-8-2-12"Licensed" 25-8-2-13"Manicuring" 25-8-2-14"Manicurist" 25-8-2-14.5"Mechanical devices" 25-8-2-14.7"Microneedling" 25-8-2-15Repealed 25-8-2-15.5"Mobile salon" 25-8-2-16Repealed 25-8-2-17Repealed 25-8-2-18Repealed 25-8-2-18.5"Pedicuring" 25-8-2-19"Threading" 25-8-2-20"Natural hair braiding"