§ 37:1459 — Real estate activity; unlicensed persons

§1459. Real estate activity; unlicensed persons
A.(1) In addition to any other civil remedy or civil penalty provided for in this
Chapter, the commission may issue a subpoena to any person or persons who the commission
has probable cause to believe has engaged in real estate activity without a currently valid
license.
(2) Subpoenas issued by the commission shall comply with the notice requirements
of R.S. 49:975. These subpoenas shall be served upon the unlicensed individual personally
or by any type of mailing requiring a return receipt and shall include a statement of the
manner in which the unlicensed person shall be required to respond to the commission.
B. The commission may impose a civil penalty of no more than five thousand dollars
upon any unlicensed person who, after a hearing or informal resolution in accordance with
all provisions of this Chapter and the Administrative Procedure Act, is found to have
engaged in real estate activity without the benefit of a currently valid license having been
issued by the commission pursuant to the provisions of this Chapter. In addition, the
commission may assess costs and attorney fees against the unlicensed person found to have
been engaged in real estate activity without a current license.
C. The fact that any person engages in or performs or offers to engage in or perform
any of the practices, acts, or operations constituting "real estate activity" as set forth in R.S.
37:1431 is prima facie evidence that such person is engaged in the illegal practice of real
estate.
D. No person engaged in real estate activity without a currently valid license shall
have the right to receive any compensation for services so rendered. In addition to any other
penalties imposed under R.S. 37:1455 and 1458, the commission may require that any person
engaged in real estate activity without a license return any fees collected for engaging in real
estate activity.

Legislative History

Acts 2003, No. 713, §1; Acts 2006, No. 343, §1.