Indiana § 25-31-1-36 - Notice of disciplinary action determination

§ 25-31-1-36. Notice of disciplinary action determination

Sec. 36. The board shall send written notice to the department of homeland security established by IC 10-19-2-1 of the determination of the board in a disciplinary action against an engineer under IC 25-1-11. The board shall send the notice not later than three (3) business days after the date of the board's determination.

As added by P.L.218-2014, SEC.18. Amended by P.L.187-2021, SEC.128.

IC 25-31.5ARTICLE 31.5. PROFESSIONAL SOIL SCIENTISTS

Ch. 1.Applicability and Definitions Ch. 2.Board of Registration for Soil Scientists Ch. 3.Duties and Powers of the Board Ch. 4.Requirements for Registration as a Professional Soil Scientist or an Associate Soil Scientist Ch. 5.Certificates; Seal or Stamp Ch. 6.Renewal of Certificates; Continuing Education Ch. 7.Activities Prohibited to Individuals Who Are Not Registered Professional Soil Scientists Ch. 8.Proceedings Against a Registered Soil Scientist Ch. 9.Administrative Review and Judicial Review

IC 25-31.5-1Chapter 1. Applicability and Definitions

25-31.5-1-1Applicability of article 25-31.5-1-2Applicability of definitions 25-31.5-1-3"Board" 25-31.5-1-4"Public practice of soil science" 25-31.5-1-5"Registered associate soil scientist" 25-31.5-1-6"Registered professional soil scientist" 25-31.5-1-7"Registered soil scientist" 25-31.5-1-8"Registration" 25-31.5-1-9"Soil" 25-31.5-1-10"Soil science" 25-31.5-1-11"Soil scientist" 25-31.5-1-12"State chemist"

IC 25-31.5-1-1Applicability of article Sec. 1. This article does not apply to the following individuals:

(1) An officer or employee of:

(A) the federal government;

(B) state government; or

(C) local government;

while providing soil science services for the officer's or employee's employer.

(2) An individual engaged solely in soil science research or the instruction of soil science.

(3) An individual not engaged in the public practice of soil science.

(4) A professional engineer registered under IC 25-31 who applies soil science to the practice of engineering.

(5) A professional geologist certified under IC 25-17.6 who applies soil science to the practice of geology.

(6) A person who is a certified professional erosion and sediment control specialist (CPESC) or soil conservationist who uses soil science in making land use decisions for the conservation of soil and water resources.

(7) A professional wetlands specialist who applies soil science to make wetland delineations or determinations.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-1-2Applicability of definitions Sec. 2. The definitions in this chapter apply throughout this article.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-1-3"Board" Sec. 3. "Board" refers to the Indiana board of registration for soil scientists established by IC 25-31.5-2-1.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-1-4"Public practice of soil science" Sec. 4. "Public practice of soil science" means the performance of service to the public in connection with soil science.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-1-5"Registered associate soil scientist" Sec. 5. "Registered associate soil scientist" means an individual who is registered as an associate soil scientist under IC 25-31.5-4.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-1-6"Registered professional soil scientist" Sec. 6. "Registered professional soil scientist" means an individual who is registered as a professional soil scientist under IC 25-31.5-4.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-1-7"Registered soil scientist" Sec. 7. "Registered soil scientist" means:

(1) a registered professional soil scientist; or

(2) a registered associate soil scientist.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-1-8"Registration" Sec. 8. "Registration" means the act of registering a professional soil scientist or an associate soil scientist under IC 25-31.5-4.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-1-9"Soil" Sec. 9. "Soil" means the unconsolidated mineral or organic matter on the surface of the earth that has been subjected to and influenced by genetic and environmental factors of parent material, climate (including water and temperature effects), microorganisms, and topography, all acting over time and producing a product that differs from the material from which it is derived in many physical, chemical, biological, and morphological properties and characteristics.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-1-10"Soil science" Sec. 10. "Soil science" means the observation, identification, description, classification, mapping, evaluation, experimental investigation, and theoretical explanation of soils.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-1-11"Soil scientist" Sec. 11. "Soil scientist" means an individual who, by the individual's knowledge of the principles of soil science acquired by professional education and practical experience, is qualified to practice soil science.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-1-12"State chemist" Sec. 12. "State chemist" refers to the state chemist appointed under IC 15-16-2-24.

As added by P.L.244-2001, SEC.1. Amended by P.L.2-2008, SEC.65.

IC 25-31.5-2Chapter 2. Board of Registration for Soil Scientists

25-31.5-2-1Establishment of board 25-31.5-2-2Qualifications of members 25-31.5-2-3Members 25-31.5-2-4Terms of members 25-31.5-2-5Removal of members; vacancies 25-31.5-2-6Quorum 25-31.5-2-7Majority vote required 25-31.5-2-8Chairperson; secretary 25-31.5-2-9Travel expenses

IC 25-31.5-2-1Establishment of board Sec. 1. The Indiana board of registration for soil scientists is established. The board shall administer this article.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-2-2Qualifications of members Sec. 2. Each member of the board must be:

(1) a resident of Indiana; and

(2) appointed by the governor.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-2-3Members Sec. 3. The board consists of the following five (5) members:

(1) Four (4) soil scientists who, at the time of appointment, include:

(A) one (1) member from federal, state, or local government;

(B) one (1) member involved in education in a teaching, a research, or an extension context; and

(C) two (2) members from industry or the private practice of soil science who are registered professional soil scientists in Indiana.

(2) One (1) member who represents the public at large and is not associated with soil science other than as a consumer.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-2-4Terms of members Sec. 4. (a) Each board member serves a term of four (4) years.

(b) A board member may serve until the member's successor is appointed and qualified under this chapter.

(c) A board member may not serve more than two (2) consecutive terms.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-2-5Removal of members; vacancies Sec. 5. (a) The governor may remove a board member for cause.

(b) A vacancy in the membership of the board is filled by appointment by the governor for the unexpired term.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-2-6Quorum Sec. 6. Three (3) members of the board constitute a quorum.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-2-7Majority vote required Sec. 7. The affirmative vote of a majority of the total membership of the board is required for the board to take action on any matter.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-2-8Chairperson; secretary Sec. 8. Each year the board shall elect from its members a chairperson and a secretary.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-2-9Travel expenses Sec. 9. A member of the board is not entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). However, the member is entitled to reimbursement for travel 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.244-2001, SEC.1.

IC 25-31.5-3Chapter 3. Duties and Powers of the Board

25-31.5-3-1Meetings 25-31.5-3-2Determination of costs; adjustment of fees 25-31.5-3-3Determination of qualifications of applicants 25-31.5-3-4Code of professional conduct 25-31.5-3-5Legal adviser; private counsel 25-31.5-3-6Contracts with state chemist 25-31.5-3-7Roster of registered soil scientists 25-31.5-3-8Adoption of rules 25-31.5-3-9Soil scientist registration fund

IC 25-31.5-3-1Meetings Sec. 1. (a) The board shall meet:

(1) at least one (1) time each calendar year; and

(2) at other times when:

(A) the chairperson; or

(B) a quorum of the board;

considers a meeting necessary.

(b) Members of the board must be notified of the date, time, and location of a meeting of the board at least ten (10) days before the meeting.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-3-2Determination of costs; adjustment of fees Sec. 2. Each year the board shall:

(1) determine the cost incurred in administering the program for the registration of soil scientists under this article; and

(2) if necessary, adjust the amount of the:

(A) registration fee charged under IC 25-31.5-4-10; and

(B) renewal fee charged under IC 25-31.5-6-3;

to ensure that the program is self-supporting.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-3-3Determination of qualifications of applicants Sec. 3. (a) The board shall determine the qualifications of applicants for registration.

(b) The board shall:

(1) require an applicant for registration to submit evidence of the applicant's qualifications; and

(2) judge an applicant on evidence of the applicant's professional competency and integrity under rules adopted by the board.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-3-4Code of professional conduct Sec. 4. (a) The board may adopt rules under IC 4-22-2 to establish a code of professional conduct for registered soil scientists.

(b) If the board adopts or amends a code of professional conduct under subsection (a), the board shall mail a copy of the code and any amendments to all individuals listed on the roster published under section 7 of this chapter.

(c) A mailing under this section constitutes service for purposes of this article.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-3-5Legal adviser; private counsel Sec. 5. (a) The attorney general shall act as legal adviser to the board and provide any legal assistance necessary to carry out this article.

(b) The board may employ private counsel at the expense of the board.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-3-6Contracts with state chemist Sec. 6. (a) The board shall enter into a contract with the state chemist under which:

(1) the state chemist provides:

(A) clerical support;

(B) administrative support for the soil scientist registration fund established in section 9 of this chapter;

(C) record keeping services; and

(D) office space;

to the board; and

(2) the board pays compensation to the state chemist at a rate and at intervals set by the contract.

(b) The contract entered into under this section may include provisions under which the state chemist, in exchange for compensation, fills needs of the board other than those described in subsection (a)(1).

As added by P.L.244-2001, SEC.1.

IC 25-31.5-3-7Roster of registered soil scientists Sec. 7. (a) Each year the board shall publish a roster that includes the names, addresses, and places of business of all registered soil scientists.

(b) Copies of the roster published under subsection (a) must be:

(1) made available to each registered soil scientist; and

(2) furnished to members of the public upon request.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-3-8Adoption of rules Sec. 8. The board may adopt rules under IC 4-22-2 that are consistent with this article and reasonably required for the conduct of the board's responsibilities and duties.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-3-9Soil scientist registration fund Sec. 9. (a) The soil scientist registration fund is established as a separate fund in the Purdue University treasury to carry out the purposes of this article. The fund is administered by the board.

(b) The sources of money for the fund are the:

(1) registration fees paid under IC 25-31.5-4-10; and

(2) renewal fees paid under IC 25-31.5-6-3.

(c) Expenses of administering the fund shall be paid from money in the fund.

(d) The state chemist shall collect all money paid under this article and deposit the money in the fund.

(e) If required by the board, the state chemist shall obtain a surety bond conditioned upon the faithful performance of the state chemist's duties for the board in an amount determined by the board. The bond must be issued by a surety company authorized to transact business in Indiana. All costs of the surety bond shall be paid from money in the fund.

(f) The Purdue University treasurer 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 must be deposited in the fund.

(g) Money in the fund at the end of a state fiscal year does not revert to the state general fund.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-4Chapter 4. Requirements for Registration as a Professional Soil Scientist or an Associate Soil Scientist

25-31.5-4-1Qualifications of professional soil scientists 25-31.5-4-2Educational requirements 25-31.5-4-3Examinations 25-31.5-4-4Work requirement 25-31.5-4-5Eligibility of associate soil scientists to become professional soil scientists 25-31.5-4-6Qualifications of associate soil scientists 25-31.5-4-7Documentation required 25-31.5-4-8Reciprocity 25-31.5-4-9Requests for administrative review 25-31.5-4-10Registration fees

IC 25-31.5-4-1Qualifications of professional soil scientists Sec. 1. To qualify for registration as a professional soil scientist under this chapter, an applicant must:

(1) satisfy the education requirement described in section 2 of this chapter;

(2) pass the examinations described in section 3 of this chapter;

(3) satisfy the work requirement described in section 4 of this chapter; and

(4) pay the registration fee described in section 10 of this chapter.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-4-2Educational requirements Sec. 2. (a) The education requirement for registration as a professional soil scientist consists of a bachelor's degree or advanced degree in soil science or a closely allied field in which the curriculum includes the following:

(1) At least fifteen (15) semester hours of course work in the soil sciences, including at least three (3) semester hours in courses that emphasize the field study of soils, such as soil genesis, morphology, classification, interpretation, and mapping.

(2) At least forty-five (45) semester hours of course work in supporting sciences, including biology, chemistry, crop science, engineering, geology, mathematics, physics, and statistics.

(b) The board shall determine which courses fulfill the requirements set forth in subsection (a)(1).

(c) The board shall specify the minimum number of credits in each type of supporting science needed to satisfy the requirement described in subsection (a)(2).

(d) If course credits used by an applicant to qualify for registration are in units other than semester hours, the board shall use the most generally accepted factor to convert the units to semester hour equivalents.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-4-3Examinations Sec. 3. The board shall require an applicant for registration as a professional soil scientist to pass:

(1) a written examination designed to demonstrate whether the applicant has the necessary knowledge and skill to exercise the responsibilities of the public practice of soil science; and

(2) an examination that evaluates field skills in soil morphology and landscape analysis.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-4-4Work requirement Sec. 4. (a) The work requirement for registration as a professional soil scientist consists of three (3) years of professional experience in soil science.

(b) Experience obtained while working on an advanced degree does not qualify toward the satisfaction of the work requirement of subsection (a). However, the board may allow up to:

(1) one (1) year of work credit for a master's degree; and

(2) two (2) years of work credit for a doctorate.

(c) The board shall:

(1) evaluate all work experience claimed by an applicant to satisfy the work requirement under this section; and

(2) determine the amount of work credit to grant each applicant.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-4-5Eligibility of associate soil scientists to become professional soil scientists Sec. 5. A registered associate soil scientist who satisfies the work requirement of section 4 of this chapter is eligible to become a registered professional soil scientist.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-4-6Qualifications of associate soil scientists Sec. 6. (a) To qualify for registration as an associate soil scientist under this chapter, an individual must:

(1) satisfy the education requirement described in section 2 of this chapter;

(2) pass the examinations described in section 3 of this chapter; and

(3) pay the registration fee described in section 10 of this chapter.

(b) An individual is not required to satisfy the work requirement described in section 4 of this chapter in order to qualify for registration as an associate soil scientist.

(c) The board may establish a maximum period during which an individual may be registered as an associate soil scientist.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-4-7Documentation required Sec. 7. The board may require an applicant for registration under this chapter to provide documentation of competency and integrity.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-4-8Reciprocity Sec. 8. Upon application by the individual, the board may allow the registration under this chapter of an individual who is registered as a soil scientist in a state that, as determined by the board, has standards for registration at least equal to those of this chapter.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-4-9Requests for administrative review Sec. 9. An individual who:

(1) seeks registration under this chapter; and

(2) is aggrieved by a determination of the board under this chapter;

may request administrative review under IC 25-31.5-9.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-4-10Registration fees Sec. 10. (a) An individual applying for registration under this chapter must pay a nonrefundable registration fee in an amount established by rules adopted by the board under IC 4-22-2.

(b) All registration fees collected under this section shall be deposited in the soil scientist registration fund established by IC 25-31.5-3-9.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-5Chapter 5. Certificates; Seal or Stamp

25-31.5-5-1Registration certificates 25-31.5-5-2Prima facie evidence of rights and privileges 25-31.5-5-3Replacement certificates 25-31.5-5-4Seal or stamp of registration 25-31.5-5-5Suspension or revocation of certificate

IC 25-31.5-5-1Registration certificates Sec. 1. (a) Upon receipt of the registration fee required by IC 25-31.5-4-10, the board shall issue a registration certificate to an applicant who, in the opinion of the board, satisfies all the requirements for registration under IC 25-31.5-4.

(b) Each certificate must show the full name of the board.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-5-2Prima facie evidence of rights and privileges Sec. 2. The issuance of a registration certificate to a professional soil scientist by the board is prima facie evidence that the individual named on the certificate is entitled to all rights and privileges of a registered professional soil scientist while the certificate remains in force.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-5-3Replacement certificates Sec. 3. A replacement certificate, subject to the rules of the board, may be issued to replace a certificate that has been lost, destroyed, or mutilated.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-5-4Seal or stamp of registration Sec. 4. Each registered professional soil scientist may obtain and use a seal or stamp of registration. The design of the seal or stamp must:

(1) be authorized by the board; and

(2) contain:

(A) the soil scientist's name and registration number; and

(B) the legend "Registered Professional Soil Scientist".

As added by P.L.244-2001, SEC.1.

IC 25-31.5-5-5Suspension or revocation of certificate Sec. 5. After a soil scientist's registration is suspended or revoked, the soil scientist may not:

(1) affix the soil scientist's signature, stamp, or seal to a soil science report or document; or

(2) certify a soil science report or document;

unless the registration has been renewed, reissued, or reinstated.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-6Chapter 6. Renewal of Certificates; Continuing Education

25-31.5-6-1Expiration of certificate 25-31.5-6-2Continuing education requirements 25-31.5-6-3Renewal fees 25-31.5-6-4Notices 25-31.5-6-5Suspension for nonpayment of renewal fee 25-31.5-6-6Revocation for nonpayment of renewal fee

IC 25-31.5-6-1Expiration of certificate Sec. 1. A registration certificate issued under IC 25-31.5-5 expires three (3) years after it is issued, at a time and date designated by the board.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-6-2Continuing education requirements Sec. 2. The board shall adopt rules under IC 4-22-2 establishing continuing education requirements that must be met for the renewal of registration certificates. The requirements established by the board must involve the description and evaluation of soils in the field.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-6-3Renewal fees Sec. 3. (a) An individual applying for the renewal of a certificate of registration under this chapter must pay a nonrefundable renewal fee in an amount established by rules adopted by the board under IC 4-22-2.

(b) All renewal fees collected by the board under this section shall be deposited in the soil scientist registration fund established by IC 25-31.5-3-9.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-6-4Notices Sec. 4. The board shall notify each individual registered under this article of:

(1) the date of expiration of the individual's certificate; and

(2) the amount of the renewal fee established by the board.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-6-5Suspension for nonpayment of renewal fee Sec. 5. If an individual fails to pay the renewal fee within ninety (90) days after the expiration date established by the board under this chapter, the board shall:

(1) suspend the individual's registration under this article; and

(2) delete the individual's name from the roster published under IC 25-31.5-3-7;

until the renewal fee is paid.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-6-6Revocation for nonpayment of renewal fee Sec. 6. (a) If an individual fails to pay the renewal fee for two (2) consecutive years, the board shall revoke the individual's certificate of registration.

(b) If an individual whose certificate has been revoked under subsection (a) desires to be reregistered, the individual:

(1) must submit an application to the board; and

(2) shall be considered as a new applicant.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-7Chapter 7. Activities Prohibited to Individuals Who Are Not Registered Professional Soil Scientists

25-31.5-7-1Prohibitions

IC 25-31.5-7-1Prohibitions Sec. 1. An individual who is not a registered professional soil scientist may not:

(1) use; or

(2) assume or advertise in any way;

a title or description tending to convey the impression that the individual is a registered professional soil scientist.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-8Chapter 8. Proceedings Against a Registered Soil Scientist

25-31.5-8-1Investigations 25-31.5-8-2Complaints by board 25-31.5-8-3Complaints by private individuals or organizations 25-31.5-8-4Proceedings; rules; determinations 25-31.5-8-5Effect of determinations 25-31.5-8-6Disciplinary actions 25-31.5-8-7Criminal violations

IC 25-31.5-8-1Investigations Sec. 1. The board may investigate:

(1) a suspected violation by a registered soil scientist of:

(A) a code of professional conduct adopted under IC 25-31.5-3-4; or

(B) other rules of the board concerning professional competency and integrity; or

(2) other grounds for action against a registered soil scientist under this chapter.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-8-2Complaints by board Sec. 2. (a) The board may file a complaint to impose conditions on, suspend, or revoke the registration of a soil scientist.

(b) The soil scientist to whom a complaint is addressed may:

(1) agree to the terms of the complaint; or

(2) within twenty (20) days after receiving the complaint, request an informal review of the complaint before the board.

(c) The failure of a registered soil scientist to request an informal review under subsection (b)(2) constitutes an agreement to the terms of the complaint.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-8-3Complaints by private individuals or organizations Sec. 3. (a) An individual or organization may bring a complaint of fraud, deceit, gross negligence, or misconduct against a registered soil scientist.

(b) A complaint brought under subsection (a) must be:

(1) in writing;

(2) sworn to by:

(A) the individual; or

(B) an officer of the organization;

making the complaint; and

(3) filed with the board within two (2) years after the incident alleged in the complaint.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-8-4Proceedings; rules; determinations Sec. 4. (a) The board shall consider:

(1) a request for an informal review of a complaint brought under section 2 of this chapter; or

(2) a complaint brought under section 3 of this chapter;

during a meeting of the board.

(b) The board may adopt rules under IC 4-22-2 to compel a registered soil scientist to respond to matters that relate to a complaint under section 2 of this chapter or a complaint brought under section 3 of this chapter.

(c) The board may adopt rules under IC 4-22-2 establishing procedures for the conduct of a meeting under this section, including the subpoena of witnesses and documents.

(d) A meeting held under this section shall be conducted in an informal manner. However, the board shall keep a written record of the proceeding.

(e) As soon as possible following a meeting under this section, the board shall:

(1) terminate its proceedings on the complaint under section 2 of this chapter or the complaint brought under section 3 of this chapter; or

(2) provide notice under IC 4-21.5-3-6 of a determination to impose conditions on, suspend, or revoke the registration of the professional soil scientist.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-8-5Effect of determinations Sec. 5. A registered soil scientist who receives a determination under section 4 of this chapter shall:

(1) comply with the terms of the determination; or

(2) request administrative review under IC 25-31.5-9.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-8-6Disciplinary actions Sec. 6. (a) The board may:

(1) suspend the registration of;

(2) refuse to renew the registration of;

(3) revoke the registration of;

(4) reprimand; or

(5) place on probation;

a registered soil scientist for any grounds set forth in subsection (b).

(b) The board may take action under subsection (a) against a registered soil scientist who is found to have:

(1) committed fraud or deceit in obtaining registration under this article;

(2) committed gross negligence, incompetence, or misconduct in the public practice of soil science;

(3) been convicted by a court of law of:

(A) a felony; or

(B) a crime involving moral turpitude;

(4) committed a violation of a code of professional conduct adopted by the board under IC 25-31.5-3-4; or

(5) committed an unlawful act set forth in section 7 of this chapter.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-8-7Criminal violations Sec. 7. An individual who knowingly or intentionally does any of the following commits a Class B misdemeanor:

(1) Falsely professes to be a registered professional soil scientist in violation of IC 25-31.5-7.

(2) Presents or attempts to use as one's own the registration or seal of another.

(3) Gives false or forged evidence to:

(A) the board; or

(B) a member of the board;

to obtain registration.

(4) Falsely impersonates another soil scientist.

(5) Uses or attempts to use a certificate of registration that is suspended, revoked, or expired.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-9Chapter 9. Administrative Review and Judicial Review

25-31.5-9-1Administrative adjudication of determination 25-31.5-9-2Parties 25-31.5-9-3Authority of administrative law judge 25-31.5-9-4Judicial review

IC 25-31.5-9-1Administrative adjudication of determination Sec. 1. If requested, an administrative adjudication of a determination made by the board under IC 25-31.5-3, IC 25-31.5-4, or IC 25-31.5-8 shall be conducted before an administrative law judge appointed by the office of administrative law proceedings.

As added by P.L.244-2001, SEC.1. Amended by P.L.99-2005, SEC.6; P.L.92-2025, SEC.73.

IC 25-31.5-9-2Parties Sec. 2. The parties to the proceeding include:

(1) the individual seeking administrative review of the determination by the board; and

(2) the board.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-9-3Authority of administrative law judge Sec. 3. An administrative law judge appointed under section 1 of this chapter is the ultimate authority for the board for purposes of IC 4-21.5-3-27, and the order of the administrative law judge disposing of a proceeding is final.

As added by P.L.244-2001, SEC.1.

IC 25-31.5-9-4Judicial review Sec. 4. A party who is dissatisfied with a final order rendered by an administrative law judge in a proceeding under this chapter may obtain judicial review of the final order under IC 4-21.5-5.

As added by P.L.244-2001, SEC.1.

IC 25-32ARTICLE 32. REPEALEDRepealed by P.L.10-2019, SEC.113.

IC 25-33ARTICLE 33. PSYCHOLOGISTS

Ch. 1.Regulation of Psychologists; Creation of Board Ch. 2.Continuing Education Ch. 3.Repealed

IC 25-33-1Chapter 1. Regulation of Psychologists; Creation of Board

25-33-1-1Repealed 25-33-1-1.1Exempt persons 25-33-1-2Definitions 25-33-1-3Creation of board; powers and duties; expenses 25-33-1-3.5State psychology regulatory authority 25-33-1-4Application for license 25-33-1-4.5Limited scope temporary psychology permit 25-33-1-5Repealed 25-33-1-5.1Issuance of license; endorsement as health service provider in psychology; preceptorship program 25-33-1-5.3Issuance of license 25-33-1-6Repealed 25-33-1-7Repealed 25-33-1-8Repealed 25-33-1-9Issuance of license by reciprocity 25-33-1-9.5Temporary license for psychologists 25-33-1-10Renewal of license 25-33-1-11Repealed 25-33-1-12Prohibition against practice beyond psychologist's professional competence 25-33-1-13Repealed 25-33-1-13.1Repealed 25-33-1-14Unlicensed practice prohibited 25-33-1-15Violations 25-33-1-16Injunctions; contempt; criminal prosecution 25-33-1-17Privileged communications; exceptions 25-33-1-18Issuance of limited license to holders of certificate under repealed section; restrictions; discipline