Title 25, PROFESSIONS AND OCCUPATIONS

Sec. 1. (a) Any party state may withdraw from this compact by enacting a statute repealing the compact. A party state's withdrawal does not take effect until six (6) months after enactment of the repealing statute. (b) A party state's withdrawal or termination does not affect the…

Sec. 1. The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this chapter and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment. As added by P.L.21-2023, SEC.1.

Sec. 10. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received. As added by P.L.21-2023, SEC.1.

Sec. 11. If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing. As added by P.L.21-2023, SEC.1.

Sec. 12. The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule. As added by P.L.21-2023, SEC.1.

Sec. 13. Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the compact and in this chapter shall be retroactivel…

Sec. 14. The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shal…

Sec. 2. The commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the compact. Notwithstanding the foregoing, in the event the commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes…

Sec. 3. If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four (4) years of the date of adoption of the rule, then such rule shall have no further force and effect in …

Sec. 4. Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission. As added by P.L.21-2023, SEC.1.

Sec. 5. Before the promulgation and adoption of a final rule or rules by the commission, and at least thirty (30) days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking: (1) on the website of t…

Sec. 6. The notice of proposed rulemaking shall include the following: (1) The proposed time, date, and location of the meeting where the rule will be considered and voted upon. (2) The text of the proposed rule or amendment and the reason for the proposed rule. (3) A request for…

Sec. 7. Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public. As added by P.L.21-2023, SEC.1.

Sec. 8. The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by: (1) at least twenty-five (25) persons; (2) a state or federal governmental subdivision or agency; or (3) an association or organization having…

Sec. 9. (a) If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the commission shall publish the mechanism for access to the electronic hearing…

Sec. 1. If: (1) a hospital; (2) a health maintenance organization issued a certificate of authority under IC 27-13; (3) a preferred provider organization licensed under IC 27-8-11; (4) a health insurance company; or (5) any other similarly licensed entity; requires a physician to…

Sec. 1. (a) The compact states hereby create and establish a joint public agency known as the psychology interjurisdictional compact commission. (b) The commission is a body politic and an instrumentality of the compact states. (c) Venue is proper and judicial proceedings by or a…

Sec. 10. (a) The elected officers of the commission shall serve as the executive board and have the power to act on behalf of the commission in accordance with the compact. (b) The executive board shall be comprised of the following six (6) members: (1) Five (5) voting members wh…

Sec. 11. (a) The commission shall pay, or provide for the payment of, the reasonable expenses of the commission's establishment, organization, and any ongoing activities. (b) The commission may accept any appropriate revenue sources, donations, and grants of money, equipment, sup…

Sec. 12. (a) The: (1) members; (2) officers; (3) executive director; (4) employees; and (5) representatives; of the commission shall be immune from each suit and liability, either personally or in the individual's official capacity, for any claim for damage to or loss of property…

Sec. 2. (a) The commission shall consist of one (1) voting delegate appointed by each compact state who shall serve as the state's commissioner. The state psychology regulatory authority shall appoint the state's delegate. (b) The delegate shall be empowered to act on behalf of t…

Sec. 3. Each commissioner shall be entitled to one (1) vote concerning the promulgation of rules and the creation of bylaws, and otherwise have an opportunity to participate in the business and affairs of the commission. A commissioner shall vote in person or by any other means p…

Sec. 4. The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws. As added by P.L.65-2022, SEC.2.

Sec. 5. All meetings shall be open to the public, and public notice of the meetings shall be given in the same manner as required under the rulemaking provisions set forth in IC 25-33.5-11. As added by P.L.65-2022, SEC.2.

Sec. 6. (a) The commission may convene in a closed, nonpublic meeting if the commission must discuss any of the following: (1) Noncompliance of a compact state with the compact state's obligations under the compact. (2) The employment, compensation, discipline, other personnel ma…

Sec. 7. (a) The commission shall keep minutes which fully and clearly describe all matters discussed in a meeting, and the reasons therefore, including a description of the views expressed. (b) All documents considered in connection with an action shall be identified in the minut…

Sec. 8. (a) The commission shall, by a majority vote of the commissioners, prescribe bylaws or rules to govern the commission's conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the compact, including the following: (1) Establishing t…

Sec. 9. The commission shall have the following powers: (1) Promulgate uniform rules to facilitate and coordinate implementation and administration of the compact. The rules shall have the force and effect of laws and shall be binding in all compact states. (2) Bring and prosecut…

Sec. 0.5. As used in this chapter, "agency relationship" means a relationship in which a licensee represents a client in a real estate transaction. As added by P.L.130-1999, SEC.3.

Sec. 1. As used in this chapter, "broker" means an individual or entity issued a broker's real estate license by the Indiana real estate commission. As added by P.L.128-1994, SEC.6. Amended by P.L.130-1999, SEC.4.

Sec. 10. (a) A licensee representing a seller or landlord has the following duties and obligations: (1) To fulfill the terms of the agency relationship made with the seller or landlord. (2) To disclose the nature of the agency relationship with the seller or landlord, and redefin…

Sec. 11. (a) A licensee representing a buyer or tenant has the following duties and obligations: (1) To fulfill the terms of the agency relationship made with the buyer or tenant. (2) To disclose the nature of the agency relationship with the buyer or tenant, and redefine and dis…

Sec. 12. (a) A licensee may act as a limited agent only with the written consent of all parties to a real estate transaction. The written consent is presumed to have been given and all parties are considered informed for any party who signs a writing or writings at the time of en…

Sec. 12.5. (a) An individual licensee affiliated with a broker company represents only the client with which the licensee is working in an in-house agency relationship. A client represented by an individual licensee affiliated with a broker company is represented only by that lic…

Sec. 13. (a) A managing broker shall develop and enforce a broker company written office policy that identifies and describes the agency relationships that a licensee may have with a seller, landlord, buyer, or tenant and that specifically permits or rejects the practice of discl…

Sec. 14. (a) The duties and obligations set forth in this chapter begin at the time the licensee enters into an agency relationship with a party to a real estate transaction and continues until the agency relationship terminates. (b) If the agency relationship is not fulfilled or…

Sec. 15. The duties and obligations of a licensee set forth in this chapter supersede any fiduciary duties of a licensee to a party based on common law principles of agency to the extent that those common law fiduciary duties are inconsistent with the duties and obligations set f…

Sec. 16. (a) A client is not liable for any misrepresentation made by a licensee in connection with the agency relationship, unless the client knew or should have known of the misrepresentation. (b) A licensee is not liable for any misrepresentation made by another licensee, unle…

Sec. 17. A licensee may not make an offer of subagency through a multiple listing service or other information source, or agree to appoint, cooperate with, compensate, or otherwise associate with a subagent in a real estate transaction. The elimination of subagency by this sectio…

Sec. 18. (a) A broker company who refers a client or customer to another broker company shall disclose to the client or customer if the broker company may be compensated for referring the client or customer. (b) A disclosure under subsection (a) must be made: (1) in writing; and …

Sec. 5. As used in this chapter, "client" means a person who has entered into an agency relationship with a licensee. As added by P.L.128-1994, SEC.6. Amended by P.L.130-1999, SEC.5.

Sec. 6. As used in this chapter, "customer" means a person who is provided services in the ordinary course of business by a licensee but who is not a client. As added by P.L.128-1994, SEC.6. Amended by P.L.130-1999, SEC.6.

Sec. 6.5. As used in this chapter, "in-house agency relationship" means an agency relationship involving two (2) or more clients who are represented by different licensees within the same broker company. As added by P.L.130-1999, SEC.7. Amended by P.L.116-2015, SEC.18.

Sec. 6.8. As used in this chapter, "licensee" means an individual or entity issued a broker's real estate license by the Indiana real estate commission. As added by P.L.130-1999, SEC.8. Amended by P.L.127-2012, SEC.42.

Sec. 7. As used in this chapter, "limited agent" means a licensee who, with the written and informed consent of all parties to a real estate transaction, represents both the seller and buyer or both the landlord and tenant and whose duties and responsibilities to a client are onl…

Sec. 8. As used in this chapter, "real estate transaction" means the sale or lease of any legal or equitable interest in real estate. As added by P.L.128-1994, SEC.6.