2012 Indiana Code
TITLE 25. PROFESSIONS AND OCCUPATIONS
ARTICLE 31.5. PROFESSIONAL SOIL SCIENTISTS
CHAPTER 8. PROCEEDINGS AGAINST A REGISTERED SOIL SCIENTIST
Chapter 8. Proceedings Against a Registered Soil Scientist
IC 25-31.5-8-1
Investigations
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 25-31.5-8-2
Complaints 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 25-31.5-8-3
Complaints 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 25-31.5-8-4
Proceedings; 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 25-31.5-8-5
Effect 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 25-31.5-8-6
Disciplinary 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 25-31.5-8-7
Criminal 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.
