36-12-11-1. Application of Chapter
Sec. 1. This chapter applies to both Class 1 and Class 2 libraries. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-1.] As added by P.L.1-2005, SEC.49.
36-12-11-10. Library Certification Account
Sec. 10. All fees collected under this chapter constitute a separate account of the state general fund, known as the library certification account, which shall be used to defray expenses incurred in the administration of this chapter. The balance in this account at the end of any fiscal year does not revert to the state […]
36-12-11-11. Fees
Sec. 11. (a) The board shall adopt rules under IC 4-22-2 to set fees to be paid by an individual who applies for certification under section 7 of this chapter. If the board has not set a fee by rule for a particular type of application, the fee is one dollar ($1). (b) Payment of […]
36-12-11-12. Repealed
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-12.] As added by P.L.1-2005, SEC.49. Repealed by P.L.84-2012, SEC.35.
36-12-11-13. Repealed
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-13.] As added by P.L.1-2005, SEC.49. Repealed by P.L.84-2012, SEC.36.
36-12-11-14. Complaints; Form; Filing
Sec. 14. All complaints concerning a practitioner must be written, signed by the complainant, and initially filed with the director. Except for an employee of the attorney general’s office acting in an official capacity, a complaint may be filed by any individual, including a member of the board. [Pre-2005 Elementary and Secondary Education Recodification Citation: […]
36-12-11-15. Director; Duties and Powers; Complaints
Sec. 15. The director has the following duties and powers: (1) The director may investigate any written complaint against a practitioner. The director shall limit the investigation to aspects of the practitioner’s activities that appear to violate this chapter or rules adopted under this chapter. (2) The director shall notify the practitioner of the: (A) […]
36-12-11-16. Complaints; Resolution; Dismissal; Board Determination
Sec. 16. (a) If the director is unable to satisfactorily resolve a complaint that the director has determined to have merit under section 15 of this chapter, the director shall notify the board, which shall take jurisdiction of the complaint. (b) If a complaint is dismissed by the director under section 15 of this chapter, […]
36-12-11-17. Repealed
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-17.] As added by P.L.1-2005, SEC.49. Repealed by P.L.84-2012, SEC.39.
36-12-11-18. Repealed
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-18.] As added by P.L.1-2005, SEC.49. Repealed by P.L.84-2012, SEC.40.
36-12-11-19. Repealed
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-19.] As added by P.L.1-2005, SEC.49. Repealed by P.L.84-2012, SEC.41.
36-12-11-2. “Board”
Sec. 2. As used in this chapter, “board” refers to the Indiana library and historical board established by IC 4-23-7-2. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-1.1.] As added by P.L.1-2005, SEC.49.
36-12-11-20. Attorney General; Investigation and Prosecution
Sec. 20. If the board requests, the attorney general shall investigate and prosecute the matter before the board on behalf of the state. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-20.] As added by P.L.1-2005, SEC.49. Amended by P.L.84-2012, SEC.42.
36-12-11-21. Disciplinary Proceedings; Ultimate Authority
Sec. 21. (a) IC 4-21.5 applies to proceedings to discipline a practitioner under this chapter. (b) The board is the ultimate authority under IC 4-21.5. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-21.] As added by P.L.1-2005, SEC.49.
36-12-11-22. Confidentiality of Complaint; Disclosure of Information
Sec. 22. (a) A complaint and information pertaining to the complaint are confidential until the attorney general files notice with the board of intent to prosecute the practitioner. (b) Unless required to do so under law or in furtherance of an investigation, an individual employed by the office of the attorney general, the board, or […]
36-12-11-23. Disciplinary Actions; Conditions
Sec. 23. A practitioner may be disciplined under section 26 of this chapter if after a hearing the board finds any of the following: (1) The practitioner has: (A) employed or knowingly cooperated in fraud or material deception in order to obtain a certificate issued under this chapter; (B) engaged in fraud or material deception […]
36-12-11-24. Physical and Mental Examination
Sec. 24. The board may order a practitioner to submit to a reasonable physical or mental examination if the practitioner’s physical or mental capacity to practice safely is at issue in a disciplinary proceeding. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-24.] As added by P.L.1-2005, SEC.49.
36-12-11-25. Failure to Comply With Order to Submit to Physical or Mental Examination; Suspension
Sec. 25. Failure of a practitioner to comply with a board order to submit to a physical or mental examination renders the practitioner liable to the summary suspension procedures under section 27 of this chapter. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-25.] As added by P.L.1-2005, SEC.49.
36-12-11-26. Sanctions
Sec. 26. The board may impose any of the following sanctions, singly or in combination, if the board finds a practitioner has committed an offense under section 23 of this chapter: (1) Permanently revoke the practitioner’s certificate. (2) Suspend the practitioner’s certificate. (3) Censure the practitioner. (4) Issue a letter of reprimand. (5) Place the […]
36-12-11-27. Suspension of Certificate; Renewal
Sec. 27. The board may summarily suspend a practitioner’s certificate for ninety (90) days in advance of final adjudication or during the appeals process if the board finds that the practitioner represents a clear and immediate danger to the public health and safety if the practitioner is allowed to continue to practice. The summary suspension […]