§ 37:1435 — Powers of the commission

Louisiana § 37:1435

• Jurisdiction: Louisiana
• Title 37: Professions and Occupations

Text

§1435. Powers of the commission
A. The commission shall have the full power and authority to:
(1) Regulate the issuance of real estate licenses, registrations, and certificates.
(2) Censure licensees, registrants, and certificate holders.
(3) Suspend or revoke licenses, registrations, and certificates.
(4) Impose additional continuing education requirements on licensees, registrants,
or certificate holders.
(5) Purchase, acquire, develop, expand, sell, lease, maintain, mortgage, borrow
funds, or otherwise contract with respect to immovable property and improvements thereon
as it may deem necessary or appropriate to accomplish the provisions of this Chapter.
Additionally, the commission shall have the authority to borrow funds with the approval of
the State Bond Commission and to expend funds of the commission for the acquisition of
immovable property and improvements thereon. In the event that the commission sells
immovable property and improvements thereon, the revenue derived from the sale shall be
retained by the commission and shall not be subject to reversion to the state general fund.
B. The commission shall adopt a seal by which it shall authenticate its proceedings.
C. The commission may:
(1) Adopt all necessary rules and bylaws for the administration and enforcement of
this Chapter.
(2) Require any satisfactory proof it may desire as to the honesty, truthfulness,
reputation, and knowledge of any applicant or of any of the officers or members of such
applicant, if applicable, to any of the following:
(a) Real estate broker license.
(b) Real estate salesperson license.
(c) Real estate school or vendor certification.
(d) Timeshare interest salesperson registration.
(e) Real estate instructor approval or certification.
(3) Repealed by Acts 2016, No. 533, §2.
D. In addition to its general powers, as provided by way of extension and not of
limitation, the commission may require all licensees, registrants, and certificate holders to
keep records, as specified in this Chapter. The commission is authorized to inspect such
records at the offices of the licensees, registrants, and certificate holders, by its duly
authorized representatives between the hours of 9:00 a.m. and 4:00 p.m., with Saturdays,
Sundays, and legal holidays excluded, and to subpoena any of the records.
E. The commission shall have the right to subpoena any licensee, registrant,
certificate holder, or witness for the purpose of holding any hearing or in furtherance of an
authorized investigation. Failure by a licensee or registrant to comply with a subpoena or
subpoena duces tecum shall be punishable by the commission as pursuant to R.S. 37:1455.
F. The commission shall have the right to require all real estate licensees and
registered timeshare developers to deposit all monies or things of value received on behalf
of clients in a separate banking account or accounts in a legally chartered financial
institution. The monies so received are not to be commingled with the personal funds of
such licensees or registrants.
G. The commission shall appoint an executive director, who shall have such powers,
authority, and responsibilities as the commission shall delegate. The commission shall
establish the salary of the executive director, and may remove the executive director for
cause.
H. The commission may adopt rules, regulations, and procedures in accordance with
the Administrative Procedure Act, by which a determination may be made as to whom a
disputed escrow deposit shall be released.

Legislative History

Acts 1978, No. 514, §1. Amended by Acts 1980, No. 387, §1; Acts 1983, No. 552, §2; Acts 1984, No. 943, §2, eff. July 20, 1984; Acts 1986, No. 837, §1; Acts 1989, No. 655, §1, eff. Jan. 1, 1990; Acts 1991, No. 642, §1; Acts 1995, No. 1207, §1; Acts 1999, No. 628, §1; Acts 2005, No. 78, §1; Acts 2016, No. 533, §§1, 2.