Authority: IC 22-13-2-13

Affected: IC 4-21.5-3-6; IC 4-21.5-3-7; IC 22-12-7-7; IC 22-15-3

Sec. 23. (a) Under IC 22-12-7-7, the division may impose a sanction concerning any type of design release previously issued. Available sanctions are as follows:

1. (1) Revocation.
2. (2) Suspension.
3. (3) Censure.
4. (4) Reprimand.
5. (5) Probation.

(b) The division may impose an appropriate sanction whenever one (1) or more of the following exists:

1. (1) If a determination is made that the design release was obtained by fraudulent or misleading statements or information, including plans and specifications.
2. (2) Circumstances have materially changed since a design release was granted so that if the sanction is not imposed, public health, safety, or welfare will be adversely affected.
3. (3) The construction done subsequent to the issuance of the design release is contrary to the rules of the commission.
4. (4) A check paying an applicable fee is returned.

5. (5) The design release was issued:

   1. (A) in error;
   2. (B) on the basis of incorrect information; or

   3. (C) in violation of:

      1. (i) a rule of the commission;
      2. (ii) fire safety law; or
      3. (iii) a building law.

(c) The order imposing a sanction shall be issued under the requirements of IC 4-21.5-3-6. If a petition for review is subsequently granted under IC 4-21.5-3-7, the resulting administrative proceeding shall be conducted by the commission.

(Fire Prevention and Building Safety Commission; 675 IAC 12-6-23; filed Jul 17, 1987, 2:30 p.m.: 10 IR 2698, eff Aug 1, 1987 [ IC 4-22-2-36 suspends the effectiveness of a rule document for 30 days after filing with the Secretary of State. LSA Document #87-53 was filed Jul 17, 1987.]; filed Jan 30, 1998, 4:00 p.m.: 21 IR 2100; readopted filed Sep 11, 2001, 2:49 p.m.: 25 IR 530; filed Aug 30, 2006, 2:25 p.m.: 20060927-IR-675050108FRA; readopted filed Sep 21, 2007, 9:20 a.m.: 20071010-IR-675070388RFA; readopted filed Oct 10, 2007, 9:16 a.m.: 20071031-IR-675070388RFA; readopted filed Aug 8, 2012, 8:08 a.m.: 20120905-IR- 675120260RFA; readopted filed Jul 3, 2018, 2:22 p.m.: 20180801-IR-675180204RFA; readopted filed Jun 10, 2024, 8:09 a.m.: 20240710-IR-675230794RFA)