§ 36:803 — Transfer; licensing agencies

§803. Transfer; licensing agencies
A.(1) The agencies transferred in accordance with this Section, all of which are
charged by law with the responsibility for the regulation, examination, certification, and
licensing of persons in this state, and the enforcement of the laws relating thereto, shall
continue to be composed and selected as provided by law, and each shall continue to exercise
all of the powers, duties, functions, and responsibilities provided or authorized for each by
the constitution or laws which are in the nature of policymaking, rulemaking, certification,
licensing, regulation, enforcement, or adjudication and also shall continue to exercise all
advisory powers, duties, functions, and responsibilities provided by law.
(2) In addition, each of those agencies shall continue to impose, collect, and retain
license or certification fees as provided by law; issue and renew certificates for qualified
applicants, set standards for and approve the preparation, conduct, and administration of its
own examinations, and be responsible, as otherwise provided by law, for carrying out the
laws relative to its profession or occupation to the extent that such laws provide for
rulemaking, certification, licensing, regulations, testing, inspection, enforcement, and
adjudication by the agency.
(3) Each such agency shall be subject to budget review of the undersecretary and
shall be required to comply with all accounting, reporting, audit, and review requirements
which are applicable to budget units. The undersecretary of the department to which each
such agency is transferred shall, under the supervision and control of the secretary, review
procurement and contract management for the agency. In addition, the license fees and any
other fees charged by such agencies shall be subject to review by the secretary, and the
secretary may make recommendations to the legislature for changes in such fees as he deems
necessary.
(4) The secretary of the department to which each such agency is transferred shall
review the number of employees which the agency may employ; however, the executive head
of the agency shall employ, appoint, remove, assign, and promote such personnel, in
accordance with applicable civil service laws, rules, and regulations and subject to other
applicable laws.
B. Each of the agencies referred to in Subsection A of this Section shall be required
to comply with the provisions of the "Louisiana Licensing Agency Budget Act" as contained
in R.S. 39:1331 through 1342.

Legislative History

Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1978, No. 767, §1; Acts 1979, No. 359, §1; Acts 1981, No. 799, §2; Acts 1988, No. 555, §2, eff. July 14, 1988; Acts 1989, No. 751, §1, eff. July 8, 1989; Acts 2001, No. 8, §11, eff. July 1, 2001; Acts 2003, No. 850, §1; Acts 2012, No. 811, §11, eff. July 1, 2012; Acts 2018, No. 515, §1; Acts 2021, No. 20, §5; Acts 2022, No. 623, §4, eff. July 1, 2022.