Indiana Code 25-34.1-8-10. Qualification of applicants; criminal background checks; evidence of compliance
(1) Not have a conviction for any of the following:
Terms Used In Indiana Code 25-34.1-8-10
- Board: refers to the real estate appraiser licensure and certification board established under Indiana Code 25-34.1-1-2
- Commission: means the Indiana real estate commission. See Indiana Code 25-34.1-1-2
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- License: means a broker license issued under this article and which is not expired, suspended, or revoked. See Indiana Code 25-34.1-1-2
- Real estate: means any right, title, or interest in real property. See Indiana Code 25-34.1-1-2
(B) A crime that has a direct bearing on the individual’s ability to practice competently.
(C) Fraud or material deception in the course of professional services or activities.
(D) A crime that indicates the individual has the propensity to endanger the public.
(2) Have satisfied the requirements established under IC 25-34.1-3-8(f).
(b) After December 31, 2008, the board shall require each applicant for initial licensure or certification under this chapter to submit fingerprints for a national criminal history background check (as defined in IC 10-13-3-12) by the Federal Bureau of Investigation, for use by the board in determining whether the applicant should be denied licensure or certification under this chapter for any reason set forth in subsection (a)(1). The applicant shall pay any fees or costs associated with the fingerprints and background check required under this subsection. The board may not release the results of a background check described in this subsection to any private entity.
(c) The board may request evidence of compliance with this section in accordance with subsection (d). Evidence of compliance with this section may include any of the following:
(1) Subject to subsections (b) and (d)(2), criminal background checks, including a national criminal history background check (as defined in IC 10-13-3-12) by the Federal Bureau of Investigation.
(2) Credit histories.
(3) Other background checks considered necessary by the board.
(d) The board may request evidence of compliance with this section at any of the following times:
(1) The time of application for an initial license or certificate.
(2) The time of renewal of a license or certificate.
(3) Any other time considered necessary by the board.
(e) The commission, upon recommendation of the board, shall adopt rules under IC 4-22-2 to implement this section.
As added by P.L.183-1991, SEC.14. Amended by P.L.214-1993, SEC.85; P.L.182-1996, SEC.3; P.L.145-2008, SEC.30.