§ 3:3804 — Regulation of professions and occupations

Louisiana § 3:3804

• Jurisdiction: Louisiana
• Title 3: Agriculture and Forestry

Text

§3804. Regulation of professions and occupations
A. The commission shall regulate the following professions:
(1) Arborist.
(2)-(3) Repealed by Acts 2024, No. 643, §2, eff. June 11, 2024.
(4) Landscape horticulturist.
(5) Landscape architect.
(6) Utility arborist.
(7) Landscape irrigation contractors.
B. The commission shall regulate the following occupations:
(1) Nursery stock dealer.
(2) Cut flower dealer.
(3) Floral dealer.
C. No person shall receive fees, whether directly or indirectly, for engaging in a
regulated profession, or advertise as engaged in a regulated profession, or solicit business in
a regulated profession, unless the person holds a valid appropriate license issued by the
commissioner, or has a regular employee who holds a valid appropriate license issued by the
commissioner, or is employed by or is working under the direct supervision of a person who
holds a valid appropriate license issued by the commissioner.
D. No person shall receive income, whether directly or indirectly, for engaging in a
regulated occupation, or advertise as engaging in a regulated occupation, or solicit business
in a regulated occupation, unless the person holds a valid appropriate permit issued by the
commissioner, or has a regular employee who holds a valid appropriate permit issued by the
commissioner, or is employed by or supervised by a person who holds a valid appropriate
permit issued by the commissioner and who accepts responsibility for insuring that the
employee complies with the requirements of this Chapter.
E. The regulation of arborists is preempted by this Chapter. The governing authority
of a political subdivision shall not adopt any ordinance in any way affecting the licensure or
regulation of arborists, except as follows:
(1) The governing authorities of parishes and municipalities may request that the
rules applicable to arborists be amended to provide for specific problems encountered by the
parish or municipality.
(2) The following provisions shall govern requests by parish or municipal governing
authorities:
(a) The request shall be addressed to the commissioner.
(b) The commission shall hear the request.
(c) The commission shall make a preliminary determination as to the advisability of
amending the rules and shall transmit its determination to the commissioner.
(d) The commissioner shall make the final determination as to the desirability of
amending the rules.
(e) If the commissioner determines that the rules should be amended, the rule shall
be adopted in accordance with the Administrative Procedure Act.
(3) Any governing authority of a political subdivision may petition the commissioner
for approval of an ordinance applicable to the licensure or regulation of arborists as follows:
(a) The governing authority shall transmit the proposed ordinance to the
commissioner who shall refer the ordinance for hearing in accordance with R.S.
3:3804(E)(2).
(b) Upon receipt of the recommendation of the commission, the commissioner shall
approve or disapprove the proposed ordinance.
(c) Any governing authority aggrieved by a final decision of the commissioner, shall
have a right of judicial review of the administrative process in accordance with the
Administrative Procedure Act.

Legislative History

Acts 1950, No. 224, §4; Acts 1965, No. 127, §1; Acts 1972, No. 320, §1; Acts 1974, No. 574, §3; Acts 1979, No. 500, §1; Acts 1981, No. 621, §1, eff. Jan. 1, 1982; Acts 1985, No. 120, §1; Acts 1992, No. 60, §1; Acts 2004, No. 810, §1, eff. July 12, 2004; Acts 2008, No. 63, §1, eff. June 5, 2008; Acts 2024, No. 643, §§1, 2, eff. June 11, 2024.