Authority: IC 22-13-2-2; IC 22-13-2-13; IC 22-13-4-2

Affected: IC 4-21.5-3-6; IC 4-21.5-3-7; IC 4-21.5-4; IC 22-12-6-7; IC 22-12-7; IC 22-13; IC 22-15

Sec. 4. (a) Under IC 22-12-7, the office of the state building commissioner may impose a sanction concerning the authorization of any third party inspection agency that it has previously granted. Available sanctions are the following:

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

(b) The office of the state building commissioner may investigate any authorized third party inspection agency in accordance with 675 IAC 15-1.1 through 675 IAC 15-1.6 and this rule.

(c) The office of the state building commissioner may impose an appropriate sanction whenever one (1) or more of the following exists:

1. (1) The office of the state building commissioner determines that the authorization was obtained by the applicant by fraudulent or misleading statements or information.
2. (2) That circumstances have materially changed since an authorization was issued so that, if the sanction is not imposed, public health, safety, or welfare will be adversely affected.
3. (3) Does not comply with the rules of the commission.
4. (4) A check paying an applicable fee is returned for any reason.

(d) 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 15-1.7-4; filed Aug 18, 2005, 4:30 p.m.: 29 IR 29; readopted filed Aug 4, 2011, 8:35 a.m.: 20110831-IR-675110254RFA; readopted filed Mar 10, 2017, 9:37 a.m.: 20170405-IR-675170005RFA; readopted filed May 11, 2023, 2:22 p.m.: 20230607-IR-675230104RFA)