Regulations and Business Licenses

Indiana has over 400 different licenses, permits, certifications, and other permissions which could be required to engage in certain activities. In order to simplify this area, the most commonly requested approvals will be addressed here. This is not intended to be a complete listing, nor should the omission of any license imply that it is not required. Any questions regarding which licenses or permits are necessary should be addressed to the State Information Center.

Alcoholic Beverages

Any individual or business serving, selling, or manufacturing beer, wine, or liquor for consumption will need to contact the Alcoholic Beverage Commission to obtain a permit or license. For more detailed information contact:

Alcoholic Beverage Commission
302 West Washington Street, Room E114
Indianapolis, IN  46204
317-232-2430

Health Issues

The Department of Health administers all sanitary standards pertaining to handling and processing of foods.  The Department of Health can be contacted at the following address or by calling the individual numbers listed below:

Indiana Department of Health
2 North Meridian Street
Indianapolis, IN  46204
317-233-1325
http://www.state.in.us/doh

Retail Foods

Businesses such as bed and breakfasts, food vending operations, restaurants, and grocery stores will need to contact the Division of Retail Foods for state responsibilities and requirements with which the business owner must comply.  Often this will include being inspected and regulated by a county health department instead of the state.  For more information, call 317-233-7360.

Wholesale Foods

Manufacturers, processors, repackers, or wholesale distributors of all non-dairy products statewide are regulated by the Division of Wholesale Foods. Manufacturers or wholesale distributors will need to contact this division for state requirements and compliance responsibilities. For more information, call 317-233-7338.

CONTRACTOR SERVICES

The term "contractor" can be very confusing, as it is used in many business settings. As mentioned earlier, an independent contractor can be anyone in business for him or herself who is offering services to others on a non-employee basis.

The title of "contractor" is most commonly used to refer to those involved in construction or renovation of structures. It may be used to refer to general contractors, HVAC contractors, electrical contractors, or plumbing contractors. The only construction contractors licensed by the State of Indiana are plumbers. Many of the other specific areas require local licensing which varies by city and county.

DAY CARE CENTERS AND DAY CARE IN HOMES

"Day Nursery" means any institution operated for the purpose of providing care and maintenance to children separated form their parent, guardian or custodian during a part of the day for two or more consecutive weeks, except a school or other bona fide education institution. Licensing is required for In-Home Day Care and Child Day Care Centers meeting these specifications:

• An In-Home Day Care is defined as anyone caring for six children not including his or her own, in a residential structure.
• A Child Day Care Center is defined as an entity caring for one child not attended by parent, legal guardian or custodian, for more than four hours per day, for 10 or more consecutive work days in other than a residential structure.

FINANCIAL SERVICES

Businesses providing financial services may be covered by one or more of the areas described below. Keep in mind that a business offering financing or assisting the customer in finding financing for the purchase of its products may fall under one of the areas listed.

Consumer Related Financial Services

The activities listed below, with their definitions, are regulated by the Indiana Department of Financial Institutions (IDFI).  Questions regarding any of these consumer related financial services should be addressed to:

Indiana Department of Financial Institutions
Non-Depository Division
402 West Washington Street, Room W-066
Indianapolis, IN 46204
317-232-3955
800-382-4880
http://www.dfi.state.in.us

Consumer Credit Sales: Sales which are due in more than four payments by written agreement, or on which interest is or may be charged. Typically this includes sales contracts, accounts receivable, store accounts, and in-house charge accounts which are due in payment through written agreement between the parties. This category also includes certain Revolving Charge Accounts and Seller Credit Cards.

Consumer Leases: Any lease, by a written agreement, of goods to a consumer, for a consumer purpose, which is for a period of more than four months.

Consumer Loans: Any loan made by a person regularly engaged in the business of making loans in which:

• the debtor is a person other than an organization;
• the debt is primarily for a personal, family, or household purpose;
• either the debt is payable in installments or a loan finance charge is made; and
• either the principal does not exceed fifty thousand dollars or the debt is secured by an interest in land or by personal property used or expected to be used as the principal dwelling of the debtor. (First mortgages are exempt.)

Rental Purchase Agreement: Soliciting or engaging in rental purchase agreements which:

• are written agreements;
• provide for the lease or use of personal property by a lessee;
• have an initial period of four months or less - whether or not there is any additional obligation;
• are automatically renewable with each rental payment; and
• permits the lessee to become the owner of the property.

Pawnbrokers License: Any person, partnership, association, or corporation lending money on the deposit of personal property, or who deals in the purchase of personal property on the condition of selling the property back at a stipulated price.

Check Cashing: Any business that cashes checks other than incidental to their retail sales.

Issuing Money Orders: Any person, partnership, association, or corporation engaged in the business of selling or issuing travelers checks, or money orders as a service, for a fee, or other consideration.
 

Securities, Investments, Collections, and Brokering

Loan Brokers (and Mortgage Brokers): A loan broker is defined as any person who, in return for any consideration from anyone, promises to procure a loan for any person or assist any person in procuring a loan from any third party, or who promises to consider whether or not to make a loan to any person. Unless he qualifies for any exemption from the loan broker statute, any person who collects up-front fees with the promise of making a loan or procuring a loan is a loan broker and must register with the Securities Division.

Other Regulated Areas:  The Securities Division of Indiana Secretary of State's office regulates and oversees the securities industry in the State of Indiana. In addition the Securities Division also has regulatory authority over several other occupations and business activities not related to the securities industry. Other occupations or business activities regulated by the Securities Division are collection agencies, investment advisers, and broker-dealers and their agents. For more information, contact:  

Indiana Secretary of State
Securities Division
302 West Washington Street, Room E111
Indianapolis, IN 46204
317-232-6681
http://www.state.in.us/sos/security

TRANSPORTATION AND REGISTRATION OF MOTOR CARRIERS

Operating Authority

Motor carrier "operating authority" is generally required for any intrastate carrier who transports commodities or passengers for hire.

Carriers who are involved in intrastate transportation of passengers and household goods (ie. delivery service) must submit an application along with proof of insurance and other attachments to the Indiana Department of Revenue for authority to do so. Some examples of passenger carriers who would qualify are special and charter buses, limousine services, and non-emergency transportation of passengers to and from doctors' offices, nursing homes, and hospitals.

Carriers who are involved in intrastate transportation of regulated property are required to register with Department of Revenue for certification to operate between points within Indiana. An application and proof of insurance are also required to obtain this certification. For more information, call 317-615-7200.

Carriers who are involved in interstate transportation and are based in the state of Indiana are required to register their Interstate Commerce Commission (ICC) authority with the Indiana Department of Revenue. An application along with proof of insurance must be provided. For more information, call 317-615-7200.

Oversize/Overweight Vehicles

Any vehicle or combination of vehicles that exceed the legal size or weight limits must first obtain a permit from the Indiana Department of Revenue before traveling on Indiana roads. Generally, the maximum width is 8 feet 6 inches, the maximum height is 13 feet 6 inches, and the maximum length is 40 feet for a single vehicle and 60 feet for a combination of vehicles. The maximum weight is 80,000 pounds, subject to specific axles and wheel limitations. Details on the permitting of oversize or overweight vehicles are available from the Indiana Department of Revenue. For more information, call 317-615-7200.

Motor Carrier Fuel Taxes

Commercial motor vehicles (or combination of vehicles) that have two axles and a gross vehicle weight in excess of 26,000 pounds, or that have three or more axles are required to register in order to comply with fuel tax laws.

Interstate carriers will either file their liabilities under the International Fuel Tax Agreement through their base state, or will be required to obtain a trip permit from the Indiana Department of Revenue before traveling through the state.

Intrastate carriers need to register with he Indiana Department of Revenue before traveling through the state.
Both interstate and intrastate carriers should contact the Department of Revenue at 317-615-7200 for more detailed information on registration requirements.

International Registration Plan

Motor carriers must have properly registered license plates. If the carrier is based in Indiana, and engages in interstate travels, the plates will be apportioned under the International Registration Plan. The Department of Revenue administers this plan for Indiana carriers and issues the proper credentials. Contact the Department of Revenue at 317-615-7200 for more information.

Intrastate carriers who never leave the state of Indiana must visit a branch of the Indiana Bureau of Motor Vehicles for proper license plates. Contact the Bureau of Motor Vehicles, a local phone directory, or the State Information Center for locations of these branches.

SPECIFICALLY REGULATED PROFESSIONS

Indiana has two governmental entities designed to handle licensing of several related professions. The Professional Licensing Agency has responsibility for 13 boards and their corresponding licenses or certifications, and the Health Professions Bureau is responsible for licensing most of the traditional health related occupations.

Listed below are the areas which fall under these agencies' jurisdictions. Again, please do not infer that these are all of the occupations or professions regulated in Indiana. Questions regarding occupations not listed here should be addressed to the State Information Center.

Indiana Professional Licensing Agency staffs the following boards and commissions:

• Accountancy Registration Board - registers accounting practitioners, public accounts and certifies public accountants
• Architects Registration Board - registers professional architects
• Auctioneer Commission - licenses auctioneers, auction houses
• Barber Examiners Board - licenses barbers, barber schools
• Boxing Commission - regulates all areas related to boxing, including Tae Kwon Do
• Cosmetology Examiners Board - regulates all cosmetologists, cosmetology salons, cosmetology schools
• Engineers Registration Board - registers professional engineers and engineers-in-training
• Funeral and Cemetery Service Board - regulates all funeral service providers
• Land Surveyor Registration Board - registers professional land surveyors and land surveyors-in-training
• Plumbing Commission - licenses plumbers
• Private Detectives Board - licenses private detectives as defined by the Indiana Code, including security guards
• Real Estate Commission - licenses real estate agents
• Real Estate Appraiser Board - licenses real estate appraisers
• TV & Radio Service Examiners Board - no longer licensed as of July 1, 1996

The Health Professions Bureau staffs the following boards and committees:

• Board of Athletic Trainers
• Board of Chiropractic Examiners
• Board of Dental Examiners
• Board of Environmental Health Specialists
• Board of Health Facility Administrators
• Board of Medical Licensing
• Board of Nursing
• Board of Optometry
• Board of Pharmacy
• Board of Psychology
• Board of Social Workers and Marriage & Family Therapists
• Board of Speech-Language Pathology and Audiology
• Board of Veterinary Medical Examiners
• Controlled Substances Advisory Committee
• Hearing Aid Dealer Advisory Committee
• Physical Therapy Committee
• Occupational Therapy Committee
• Optometric Drug and Prescription Advisory Committee
• Physician Assistant Committee
• Podiatry Committee
• Respiratory Care Committee