§1253. Motor Vehicle Commission; appointment and qualifications of members; terms of
office; organization; oath; official bond; compensation; powers and duties; dispute
resolution panel
A. The Louisiana Motor Vehicle Commission is hereby created within the office of
the governor and shall be composed of eighteen members appointed by the governor, as
follows:
(1) A chairman of the commission shall be appointed from the state at large. Fourteen
members shall be appointed in such manner that at least one shall be from each of the
commission districts as listed below:
(a) Commission District 1 shall consist of the following parishes: Orleans,
Plaquemines, St. Bernard, St. Tammany, and Washington.
(b) Commission District 2 shall consist of the following parishes: Jefferson, St.
Charles, St. John, St. James, and Tangipahoa.
(c) Commission District 3 shall consist of the following parishes: East Baton Rouge,
West Baton Rouge, Iberville, Ascension, East Feliciana, West Feliciana, St. Helena,
Livingston, Assumption, and Pointe Coupee.
(d) Commission District 4 shall consist of the following parishes: Richland, Franklin,
Union, Lincoln, Jackson, Winn, Caldwell, Ouachita, Morehouse, West Carroll, East Carroll,
and Madison.
(e) Commission District 5 shall consist of the following parishes: Caddo, Bossier,
Webster, DeSoto, Red River, Bienville, Claiborne, and Sabine.
(f) Commission District 6 shall consist of the following parishes: Rapides, Grant,
LaSalle, Catahoula, Concordia, Avoyelles, Vernon, Tensas, and Natchitoches.
(g) Commission District 7 shall consist of the following parishes: Beauregard, Allen,
Calcasieu, Cameron, Jefferson Davis, Acadia, and Evangeline.
(h) Commission District 8 shall consist of the following parishes: Lafayette, St.
Landry, St. Martin, St. Mary, Iberia, Terrebonne, Lafourche, and Vermilion.
(2)(a) Of the eighteen members appointed pursuant to this Subsection, fifteen
members shall meet all of the following qualifications:
(i) Has held an active license issued by the commission for at least five consecutive
years immediately prior to the appointment.
(ii) Maintains an active license throughout his term of service on the commission.
(iii) Is a resident of this state and is of good moral character at the time of
appointment.
(b) Among the fifteen members, there shall be representation from the following:
(i) At least one member shall be primarily engaged in vehicle leasing or rental.
(ii) At least one member shall be primarily engaged in heavy truck sales.
(iii) At least one member shall be primarily engaged in marine product sales.
(iv) At least one member shall be primarily engaged in motorcycle sales.
(v) At least one member shall be primarily engaged in recreational vehicle sales.
(vi) At least one member shall be primarily engaged in sales financing.
(3)(a) The remaining three members shall be members of the public, each of whom
shall meet all of the following qualifications:
(i) Is either a retired judge or a licensed attorney in the state of Louisiana with not less
than ten years of legal experience.
(ii) Is not, and has never been, licensed by the commission as provided in this
Chapter.
(b) The three members of the public shall form the dispute resolution panel provided
for in Paragraph (4) of this Subsection.
(4)(a) All persons or parties involved in a dispute shall have the right to have the
dispute, protest, complaint, or other contested matter heard and adjudicated by the dispute
resolution panel. Nothing in this Paragraph shall be construed to prohibit the commission
from offering informal dispute resolution procedures prior to the commencement of a formal
adjudicatory hearing. However, no party shall be required to participate in any informal
dispute resolution process in lieu of exercising their right to a formal hearing before the
dispute resolution panel.
(b) The dispute resolution panel shall exclusively exercise the adjudicatory authority
of the commission, including the power to issue subpoenas, compel the attendance of
witnesses, administer oaths, receive evidence in connection with any hearing or other
proceeding within its jurisdiction, and render final decisions. This authority includes the
power to order remedies and impose fines as authorized by this Chapter and Chapter 6-A of
this Title and Chapter 10-B of Title 6 of the Louisiana Revised Statutes of 1950.
(c) The jurisdiction of the dispute resolution panel shall include all disputes, protests,
complaints, or other contested matters involving licensees of the commission and also
matters involving any person or entity operating without a required license, including those
subject to licensure pursuant to this Chapter and Chapter 6-A of this Title, and Chapter 10-B
of Title 6 of the Louisiana Revised Statutes of 1950.
(d) The dispute resolution panel shall elect a chair to serve as the presiding officer for
each proceeding.
(e) The members of the dispute resolution panel shall not participate in or vote on any
of the other business of the commission.
(f) The commission staff shall exercise the investigatory authority of the commission
as delegated and subject to oversight by the commission. In the exercise of its investigatory
authority, the executive director of the commission may issue subpoenas, compel the
attendance of witnesses, administer oaths, receive evidence, and carry out any other
investigatory functions as authorized by law.
(g) The attorney general shall supervise the legal services provided to the
commission, including the appointment of separate legal counsel for the dispute resolution
panel, who may be an attorney from the office of the attorney general or a private attorney
retained through the attorney general.
(h) Final decisions of the dispute resolution panel shall be in writing, state specific
findings of fact and conclusions of law, and be based solely on the record and any matters
officially noticed. The decision shall constitute the final action of the commission.
(i)(i) Any party aggrieved by a final decision shall have the right to seek judicial
review pursuant to the Administrative Procedure Act, R.S. 49:950 et seq., by filing a petition
in the Twenty-Fourth Judicial District Court within thirty days of the date the decision is
transmitted to the parties by certified mail or served as otherwise provided by law.
(ii) For purposes of this Section, "aggrieved party" means any person whose legal
rights, duties, or privileges were adversely affected by the final decision.
(j) Each member of the dispute resolution panel shall be entitled to reasonable
compensation for his service in connection with any hearing conducted pursuant to this
Paragraph in lieu of the per diem paid to members of the commission. The amount and
manner of compensation shall be established by the commission and paid from the
commission's administrative funds but shall not be less than the daily amount of
compensation paid to retired judges or lawyers sitting pro tempore or ad hoc by appointment
of the Louisiana Supreme Court, together with any expenses in an amount fixed by the
commission and authorized by law.
(5) Engagement in more than one category of business regulated under this Chapter
shall not disqualify an otherwise qualified licensee from appointment to the commission.
(6) Each appointment by the governor shall be submitted to the Senate for
confirmation.
B.(1) The members shall serve at the pleasure of the governor. In the event of the
death, resignation, or removal of any person serving on the commission, the vacancy shall
be filled in the manner of the original appointment.
(2) The commission shall meet in Jefferson Parish and complete its organization
immediately after the entire membership thereof has been appointed and has qualified.
(3) The chairman and each member of the commission shall take and subscribe to
the oath of office required of public officers.
C. The chairman and members of said commission shall receive fifty dollars per
diem for each and every day necessarily spent in conducting the business of the commission,
and shall be reimbursed for actual expenses incurred in the performance of their duties under
this Chapter.
D. The commission shall appoint a qualified person to serve as executive director
thereof, to serve at the pleasure of the commission and shall fix his salary and shall define
and prescribe his duties. The executive director shall be in charge of the commission's office
and shall devote such time to the duties thereof, as may be necessary. Said commission may
employ such clerical and professional help and incur such expenses as may be necessary for
the proper discharge of its duties under this Chapter. The commission shall maintain its
office and transact its business in Jefferson Parish, and it is authorized to adopt and use a
seal.
E. The commission is hereby vested with the powers and duties necessary and proper
to enable it to fully and effectively carry out the provisions and objects of this Chapter, and
is hereby authorized and empowered to make and enforce all reasonable rules and regulations
and to adopt and prescribe all forms necessary to accomplish said purpose, and the
enumeration of any power or authority herein shall not be construed to deny, impair,
disparage, or limit any others necessary to the attainment thereof, provided no rule or
regulation of the commission, including but not limited to Chapter 7 (Advertising) of Subpart
1 of Part V of Title 46, comprised of LAC 46:V:701 through 741, of the Louisiana
Administrative Code, shall prohibit a dealer from making a monetary donation or
contribution that does not directly involve the sale or lease of a motor vehicle in connection
with an advertising campaign. A copy of all rules and regulations adopted by the
commission shall be published in the Louisiana Administrative Code, as they may be
amended, modified, or repealed from time to time.
F. All fees and charges under the provisions of this Chapter shall be collected and
received by the executive director of the commission and shall be disbursed by him at the
direction of the commission in administering and enforcing the provisions of this Chapter.
G. All expenses incurred by the commission in carrying out the provisions of this
Chapter, including but not limited to per diem, wages, salaries, rent, postage, supplies, bond
premiums, travel and subsistence, and printing and utilities, shall be a proper charge against
said fund.
H. The commission shall, in addition to the powers herein conferred, be constituted
a body politic or political corporation, invested with the powers inherent in corporations,
including but not limited to the power and authority to own immovable property. It may sue
and be sued under the style of the commission, and all process against the commission shall
be served on the chairman or executive director in person, and all suits on behalf of the
commission shall be brought by the chairman. The domicile for the purpose of being sued
shall be Jefferson Parish. No member of the commission, or the executive director, shall be
subject to suit or be held liable as an individual in any suit against the commission.