§ 37:2153 — Powers of the board

Louisiana § 37:2153

• Jurisdiction: Louisiana
• Title 37: Professions and Occupations

Text

§2153. Powers of the board
A. The board is hereby vested with the authority requisite and necessary to carry out
the intent of the provisions of this Chapter. The board shall have the power to make, amend,
or repeal by-laws, rules, and regulations for the proper administration and enforcement of
this Chapter and to carry out the purposes thereof, in accordance with the Administrative
Procedure Act. The enumeration of specific matters which may be made, and the subject of
rules and regulations, shall not be construed to limit general powers of the board to make all
rules and regulations necessary to fully effectuate the purpose of this Chapter.
B. Any bylaws or rules or regulations enacted by the Board shall be adopted and
promulgated pursuant to the provisions of the Administrative Procedure Act, R.S. 49:950 et
seq.
C.(1) All legal services for the board shall be under the supervision, control, and
authority of the attorney general, and no special attorney or counsel shall be employed to
represent it except in accordance with the provisions of R.S. 42:262.
(2)(a) However, notwithstanding the provisions of Paragraph (1) of this Subsection
and the provisions of R.S. 42:262, the board may contract with outside counsel or collection
agencies on a contingency- fee basis to enforce judgments that may arise under this Chapter.
(b) Any such attorney shall be selected pursuant to a request for proposals in
accordance with Chapter 17 of Subtitle III of Title 39 of the Louisiana Revised Statutes of
1950, and any such collection agency shall be selected pursuant to a request for proposals in
accordance with Chapter 17 of Title 39 of the Louisiana Revised Statutes of 1950.
(c) Any contingency fee contract entered into pursuant to this Subsection shall
mandate that all collected funds be deposited directly with the board, and, thereafter, the
contingency fee shall be paid by the board to the collection agency or attorney.
D.(1) The board is hereby authorized to select, lease, purchase, maintain, own,
expand, and sell an office building and the land on which said building is situated. Any
building so owned or so acquired shall be used by the board to house the offices of the board
and to conduct the affairs of the board. The board is hereby authorized to expend the funds
of the board for the purchase of the land and improvements thereon. The board is further
authorized to sell the land and improvements thereon. Revenue derived from the sale shall
be retained by the board.
(2) The board may lease or sell portions of the land and improvements under such
terms and conditions which are consistent with law. All revenue derived from such leases
or sales shall be retained by the board.
(3) Prior to a sale authorized by this Subsection, the commissioner of administration
shall review the terms of the sale to ascertain that the sale amount constitutes fair market
value or greater for the property.
E. The board may sue and be sued and shall have the right and authority to obtain,
in the jurisdiction in which a violation of the provisions of this Chapter occurs, upon
submission of an affidavit in support, a temporary restraining order and preliminary and
permanent injunctions, without the necessity of posting a bond or other security, restraining
and prohibiting the violation of this Chapter and the performance of any work then being
performed or about to be performed.
F. In addition to any other duties and powers granted by this Chapter, the board shall:
(1) Grant licenses to qualified persons pursuant to this Chapter.
(2) Hold hearings in accordance with the provisions of the Administrative Procedure
Act, R.S. 49:950 et seq., to consider violations of the provisions of this Chapter and the rules
and regulations of the board.
(3) Suspend or revoke any license for any cause described in this Chapter, or for any
cause prescribed by the rules and regulations, and refuse to grant any license for any cause
which would be grounds for revocation or suspension of a license.
(4) Issue fines, penalties, and other costs for violations of the provisions of this
Chapter and the rules and regulations of the board.
(5) Waive the trade portion of the examination requirement for any applicant holding
a license in a comparable classification in another state as determined by the board, upon
written certification from the licensing state that the applicant passed the examination for the
classification and is in good standing. The business law requirement shall not be waived.
Applicants shall comply with all other licensing requirements of this state; however, for good
cause, the board may waive any other licensing requirement.
(6) Publish and distribute materials containing such information as it deems proper
to accomplish the purpose of this Chapter.
G. If a possible violation is known to the board, the board may correct it or take
appropriate action without formal complaint.
H. Notwithstanding any other provisions to the contrary and to the extent deemed
necessary or appropriate by the board for the efficient implementation of its responsibilities
in accordance with this Chapter, the board may delegate its powers and duties to its staff by
specific resolution of the board.

Legislative History

Added by Acts 1956, No. 233, §3. Amended by Acts 1964, No. 113, §3; Acts 1979, No. 430, §1, eff. July 11, 1979; Acts 1981, No. 668, §1; Acts 1983, No. 296, §1; Acts 1992, No. 681, §1, eff. July 6, 1992; Acts 1997, No. 147, §1; Acts 1998, 1st Ex. Sess., No. 65, §1, eff. May 1, 1998; Acts 2001, No. 968, §1; Acts 2014, No. 864, §§4 and 5; Acts 2018, No. 529, §1; Acts 2022, No. 195, §1; Acts 2025, No. 422, §1.