§ 37:698 — Disciplinary proceedings against licensees and certificate holders; procedure

Louisiana § 37:698

• Jurisdiction: Louisiana
• Title 37: Professions and Occupations

Text

§698. Disciplinary proceedings against licensees and certificate holders; procedure
A. The board shall have the power to take disciplinary action against any licensee
or certificate holder found by the board to be guilty of any of the following acts or offenses:
(1) Any fraud, deceit, material misstatement, or perjury or the giving of any false
or forged evidence in applying for a license or certificate, or in taking any examination, or
in applying for any renewal license or certificate provided for in this Chapter.
(2) Any fraud, deceit, gross negligence, material misrepresentation, gross
incompetence, or gross misconduct in the practice of engineering or land surveying.
(3) Conviction of a felony or entry of a plea of guilty or nolo contendere to a felony
charge under the laws of the United States or any state, territory, or district of the United
States.
(4) Conviction of any crime or entry of a plea of guilty or nolo contendere to any
criminal charge an element of which is fraud or which arises out of such person's practice of
engineering or land surveying.
(5) Conviction of any civil or criminal violation of, or entry of a plea of guilty or
nolo contendere to any criminal charge under the Louisiana Campaign Finance Disclosure
Act or any other campaign finance and/or practices laws of the state of Louisiana, the United
States, or any state, territory, or district of the United States.
(6) Violation of any provision of this Chapter or any rules or regulations adopted and
promulgated by the board.
(7) The refusal of the licensing authority of another state, territory, or district of the
United States to issue or renew a license, permit, or certificate to practice engineering or land
surveying, or the revocation, suspension, or any other disciplinary action imposed on a
license, permit, or certificate issued by such licensing authority, on grounds other than
nonpayment of a licensure fee, or a finding by such licensing authority that a person has
engaged in the unlicensed practice of engineering or land surveying, provided that the reason
for the action taken by the other licensing authority was recognized by the Louisiana board
as a ground for disciplinary action at the time the action was taken.
(8) Providing false testimony before the board.
(9) Using a seal or stamp or engaging in any other act constituting the practice of
engineering or land surveying, or violating any order or terms of probation imposed by the
board, at a time when his license or certificate is suspended or revoked, or at a time when his
license or certificate has been expired for more than ninety days, or at a time when he is in
retired or inactive status as a board licensee.
(10) Failure to provide, within thirty calendar days of receipt of notice by certified
mail, information or documents requested by the board relating to any alleged violation of
this Chapter.
(11) The use of any advertising or solicitation which is false or misleading.
(12) Aiding or assisting another person in violating any provision of this Chapter or
any rule or regulation adopted and promulgated by the board.
(13) Knowingly making or signing false statements, certificates, or affidavits in
connection with the practice of engineering or land surveying.
(14) Declaration of insanity or incompetence by a court of competent jurisdiction.
(15) Presenting or attempting to use as one's own the license, certificate, seal, or
stamp of another person.
(16) Using or attempting to use an expired, inactive, retired, or revoked license or
certificate.
(17) Falsely impersonating any other licensee or certificate holder of like or different
name.
(18) Practicing or offering to practice engineering or land surveying when not
qualified.
(19) Violation of or noncompliance with any order, ruling, or decision of the board.
B. For purposes of this Chapter, the term "disciplinary action" shall include but not
be limited to reprimand, probation, suspension, revocation of license or certificate, refusal
to renew license or certificate, or fine in an amount not to exceed five thousand dollars per
violation.
C. The board shall have the power to take disciplinary action against a firm if one
or more of its officers, directors, managers, employees, agents, or representatives violate any
provision of this Chapter.
D. Charges may be preferred against any licensee or certificate holder in the
following manner:
(1) A complaint review committee of the board, on its own initiative, may prefer
charges against any licensee or certificate holder who commits or engages in any of the acts
or offenses listed in Subsection A of this Section. Any decision to prefer charges shall be
made by a minimum two-thirds vote of the board members serving on the complaint review
committee.
(2) A complaint review committee of the board, on receipt of a complaint from any
person, may prefer charges against any licensee or certificate holder who commits or engages
in any of the acts or offenses listed in Subsection A of this Section. Such complaint shall be
in writing, shall be sworn to by the person or persons making the complaint, and shall be
filed with the board. Any decision to prefer charges shall be made by a minimum two-thirds
vote of the board members serving on the complaint review committee.
E. Within twenty days of the preferral of charges, the board shall mail a copy of said
charges to the last known address of the licensee or certificate holder so charged.
F. In the event a complaint review committee of the board determines after
investigation that charges so preferred are completely unfounded, more appropriately
resolved outside the formal disciplinary proceedings, or not within the jurisdiction of the
board, the committee shall so advise the charged party, in writing, of its determination and
the charges shall be withdrawn. Otherwise, all charges shall be heard by the board or a
hearing committee designated by the board within twelve months after the date on which
they shall have been preferred. This twelve-month period may be extended with the consent
of both the board and the charged party.
G. The date, time, and place for said hearing shall be fixed by the complaint review
committee and a copy of the charges, together with a notice of the date, time, and place of
the hearing, shall be personally served on or mailed to the last known address of the charged
party, at least thirty days before the date fixed for hearing. At any hearing, the charged party
shall have the right to appear in person, or by counsel, or both, to cross-examine witnesses
in his defense, and to produce evidence, and witnesses in his defense. If the charged party
fails or refuses to appear at the hearing, the board or the hearing committee may proceed to
hear and determine the validity of the charges.
H. If, after such hearing, a majority of the entire board membership authorized to
participate in the proceeding vote in favor of sustaining the charges, the board may take
disciplinary action against the charged party. Any charges found by the board after a hearing
to be unfounded shall be published in the official journal of the board, if requested in writing
by the charged party.
I. A charged party aggrieved by any disciplinary action taken by the board may
appeal therefrom, pursuant to the provisions of the Administrative Procedure Act.
J. In addition to any other action, the board may assess all reasonable costs incurred
in connection with a disciplinary proceeding, including investigators', stenographers', and
attorneys' fees in conjunction with any other disciplinary action taken. The assessment of
costs may be considered disciplinary action.
K. All disciplinary actions taken shall be published on the official website and in the
official journal of the board and may be released to other professional organizations relating
to professional engineering and land surveying or to the news media.
L. The board may make informal disposition by consent order, agreement,
settlement, or default of any disciplinary proceeding pending before it. Each such informal
disposition shall have no force or effect unless ratified by the board at its next regular
meeting. Consent orders may be considered disciplinary actions.
M. The board shall establish complaint review committees to investigate, mediate,
or initiate disciplinary or legal proceedings on behalf of the board with respect to complaints
or information received by the board alleging that a licensee or certificate holder committed
or engaged in any of the acts or offenses listed in Subsection A of this Section. Complaint
review committees shall consist of at least three members of the board. Other employees or
representatives of the board may be on the committees to provide administrative assistance,
background information, legal advice, or any other assistance the committees deem necessary
but shall not be granted voting privileges.
N. The board, for reasons it may deem sufficient, may reissue or reinstate a license
or certificate to any person whose license or certificate has been revoked, if a majority of the
entire board membership authorized to participate in the proceeding vote in favor of such
reissuance or reinstatement.
O. Repealed by Acts 2004, No. 442, §2.
NOTE: See Acts 1987, No. 694, §2.

Legislative History

Acts 1980, No. 568, §1; Acts 1985, No. 580, §1; Acts 1987, No. 694, §1; Acts 1989, No. 149, §1; Acts 1993, No. 53, §1; Acts 1999, No. 329, §1; Acts 1999, No. 396, §§1, 2; Acts 2003, No. 279, §5; Acts 2004, No. 442, §§1, 2; Acts 2010, No. 252, §1; Acts 2020, 2 nd Ex. Sess., No. 2, eff. Jan. 1, 2021; Acts 2024, No. 644, §1.