§ 3:3801 — Horticulture Commission

Louisiana § 3:3801

• Jurisdiction: Louisiana
• Title 3: Agriculture and Forestry

Text

§3801. Horticulture Commission
A. The Horticulture Commission of Louisiana is hereby created within the
Department of Agriculture and Forestry to be comprised of the following members:
(1) The commissioner of agriculture and forestry.
(2) The assistant commissioner of agricultural and environmental sciences.
(3) The director of the Louisiana Cooperative Extension Service.
(4) A licensed arborist.
(5) A floral dealer.
(6) Repealed by Acts 2024, No. 643, §2, eff. June 11, 2024.
(7) A licensed landscape horticulturist.
(8) A licensed landscape architect.
(9) A nursery stock dealer.
(10) A wholesale nurseryman.
(11) A licensed utility arborist.
(12) A sod grower.
(13) A licensed landscape irrigation contractor.
B. The commissioner of agriculture and forestry, the assistant commissioner of
agricultural and environmental sciences, and the director of the Louisiana Cooperative
Extension Service shall serve as ex officio members with the same rights, powers, and
privileges as the other members.
C. The following members shall be appointed by the commissioner, subject to
confirmation of the Senate, and shall serve terms of four calendar years beginning with the
year of appointment in accordance with the following provisions:
(1) The licensed arborist shall be appointed during the second year of each
administration from the arborists licensed by the commission.
(2) The floral dealer shall be appointed during the second year of each administration
from a list of three persons nominated by the Louisiana State Florists Association, Inc.
(3) Repealed by Acts 2024, No. 643, §2, eff. June 11, 2024.
(4) The licensed landscape horticulturist shall be appointed during the fourth year
of each administration from a list of three persons nominated by the Louisiana Nursery and
Landscape Association.
(5) The licensed landscape architect shall be appointed during the third year of each
administration from a list of three persons nominated by the Louisiana Chapter of the
American Society of Landscape Architects.
(6) The nursery stock dealer shall be appointed during the first year of each
administration from a list of three persons nominated by the Louisiana Retailers Association.
(7) The wholesale nurseryman shall be appointed during the first year of each
administration from a list of three persons nominated by the Louisiana Nursery and
Landscape Association.
(8) The licensed utility arborist shall be appointed during the second year of each
administration from the utility arborists licensed by the commission, who are graduate
foresters and who work in the utility line clearing area.
(9) The sod grower shall be appointed during the fourth year of each administration
from a list of three persons nominated by the Louisiana Turfgrass Association.
(10) The licensed landscape irrigation contractor shall be appointed during the first
year of each administration from a list of three persons nominated by the Louisiana Irrigation
Association.
D. Vacancies in the office of the appointed members shall be filled in the same
manner as the original appointments. Appointments to fill vacancies shall be made within
ninety days of the date the vacancy occurred and shall be for the unexpired portion of the
term of the office vacated.
E. A majority of the members of the commission shall constitute a quorum for the
transaction of all business and the carrying out of the duties of the commission. Each
member shall take and subscribe to the oath of office prescribed for state officers. Members
of the commission shall not receive any salary for their duties as members. The appointed
members who are not state employees or officers may receive a per diem for each day spent
in actual attendance of meetings of the commission or of duly appointed committees or
subcommittees of the commission. The amount of the per diem shall be fixed by the
commission in an amount not to exceed forty dollars. The appointed members who are not
state employees or officers may receive a mileage allowance for mileage traveled in attending
meetings. The mileage allowance shall be fixed by the commission in an amount not to
exceed the mileage rate for state employees.
F. The commissioner is hereby authorized to adopt such rules and regulations as are
necessary to enforce the provisions of this Chapter. The commission is hereby authorized
to carry out the intent of the laws contained in this Chapter, including but not limited to rules
and regulations for the following purposes:
(1) To govern the qualifications and practices of persons engaged in the professions
and occupations regulated by the commission.
(2) To establish examinations for applications for licenses and to establish minimum
scores necessary to pass those examinations.
(3) To require the payment of examination fees, license fees, and permit fees as
provided in this Chapter.
(4) To hold hearings and to conduct investigations.
(5) To do all things necessary to prevent fraudulent practices by persons engaged in
the professions and occupations regulated by the commission.
(6) To encourage holders of licenses and permits to participate in continuing
education programs approved by the commission.
G. The commissioner of agriculture and forestry, the assistant commissioner for
agricultural and environmental sciences, and the director of the Louisiana Cooperative
Extension Service may name designees to attend meetings for those officers. The
commissioner may appoint an alternate member for each member he appoints. If the member
is appointed from a list of nominees, the alternate shall be appointed from the same list. Any
designee or alternate who attends a meeting as a representative of a member shall have the
same rights, powers, and privileges, including voting rights, as the member he represents.
H. The commission, by a vote of two-thirds of the appointed members, may expel
a member who has accumulated three consecutive unexcused absences from commission
meetings.
I. The commission shall employ a director and assistant director who shall be
appointed by the commission, subject to the approval of the commissioner. The director and
assistant director shall be in the unclassified service.

Legislative History

Acts 1950, No. 224, §1; 1954, No. 534, §1; Acts 1965, No. 127, §1; Acts 1972, No. 320, §1; Acts 1980, No. 330, §2; Acts 1981, No. 418, §1; Acts 1985, No. 120, §1; Acts 1986, No. 447, §1, eff. July 1, 1986; Acts 1988, No. 318, §1; Acts 1990, No. 69, §1; Acts 1992, No. 60, §1; Acts 1995, No. 182, §1; Acts 2004, No. 810, §1, eff. July 12, 2004; Acts 2008, No. 63, §1, eff. June 5, 2008; Acts 2008, No. 227, §1, eff. June 16, 2008; Acts 2008, No. 229, §1, eff. June 16, 2008; Acts 2008, No. 920, §1, eff. July 14, 2008; Acts 2010, No. 495, §1, eff. June 24, 2010; Acts 2012, No. 310, §1, eff. May 25, 2012; Acts 2024, No. 243, §1, eff. May 23, 2024; Acts 2024, No. 643, §§1, 2, eff. June 11, 2024.