HLS 10RS-285 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 449
BY REPRESENTATIVE NOWLIN
ENGINEERS: Provides for changes to the La. Professional Engineering and Land
Surveying Board
AN ACT1
To amend and reenact R.S. 37:687(A), 690(A), 693(B)(4)(a), 697(A), and 698(A)(7) and2
(10), (D), (E), (F), (G), (K), and (M), 700(D), (E), (F), (G), (K), (M), and (Q) and to3
enact R.S. 37:700(A)(11), relative to the Louisiana Professional Engineering and4
Land Surveying Board; to change the name of the executive secretary of the board5
to the executive director; to provide for a change to minimum requirements for6
licensure of a land surveyor; to provide for changes to disciplinary and enforcement7
proceedings by the board; to provide for changes to complaint review committees8
within the board; to provide for powers and duties of complaint review committees;9
and to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 37:687(A), 690(A), 693(B)(4)(a), 697(A), and 698(A)(7) and (10),12
(D), (E), (F), (G), (K), and (M), 700(D), (E), (F), (G), (K), (M), and (Q) are hereby amended13
and reenacted and R.S. 37:700(A)(11) is hereby enacted to read as follows: 14
§687. Organization and meetings15
A. The board shall hold at least four regular meetings each year. Special16
meetings shall be held at such time and place as specified by a call of the chairman17
or secretary. Notice of all meetings shall be given in writing to each member by the18
secretary. The board shall elect annually from its membership the following officers:19
a chairman, a vice chairman, a secretary, and a treasurer. A quorum of the board20 HLS 10RS-285 ORIGINAL
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shall be a majority of its members. The board may appoint or employ an assistant1
secretary, executive secretary director, treasurer, or other officers or employees not2
members of the board, to whom clerical and administrative duties may be assigned.3
The board shall fix the compensation of such persons not under the state civil4
service.5
* * *6
§690. Receipts and disbursements7
A. The treasurer or the executive secretary director of the board, or any other8
person or persons authorized by the board, shall receive, disburse, and account for9
all monies paid to or received by the board. He shall institute a system of books and10
financial records satisfactory to the supervisor of public accounts, who shall audit11
them annually. He shall open an account in a bank designated by the board as its12
official depository in the city wherein the board is domiciled. All checks disbursing13
funds of the board must be signed by any two of the following persons: the14
executive secretary director, the deputy executive secretary director, the treasurer,15
or any member of the board as directed by the board. All disbursements of funds16
shall be approved by the board. All funds of the board shall be deposited within17
seventy-two hours after receipt.18
* * *19
§693. Requirements for licensure as a professional engineer or professional land20
surveyor, and certification as an engineer intern or land surveyor intern21
* * *22
B. The minimum requirements for licensure or certification by the board23
shall be as follows:24
* * *25
(4) A professional land surveyor shall be either:26
(a) A land surveyor intern or an individual who meets the qualifications of27
a land surveyor intern who has had at least four years or more combined office and28
field experience in land surveying, including two years or more of progressive29 HLS 10RS-285 ORIGINAL
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experience in responsible charge of on land surveying projects under the supervision1
of a professional land surveyor, who is of good character and reputation, who has2
passed the oral and written examinations required by the board, and who has satisfied3
the requirements of R.S. 37:694.4
* * *5
§697. Expiration and renewals6
A. Licensure and certification shall expire at a time specified by the board7
and shall become invalid after that date unless renewed. It shall be the duty of the8
executive secretary director of the board to notify by letter to his last known address9
each licensee and certificate holder of the date of the expiration of the license or10
certificate and the amount of the fee that shall be required for its renewal. The notice11
shall be mailed at least one month in advance of the expiration of such license or12
certificate. Renewal of licensure as a professional engineer, professional land13
surveyor, or firm, or certification as an engineer intern or land surveyor intern may14
be effected at any time during the two months prior to expiration by the payment of15
a fee not to exceed one hundred dollars per year, at the discretion of the board.16
* * *17
§698. Disciplinary proceedings against licensees and certificate holders; procedure18
A. The board shall have the power to take disciplinary action against any19
licensee or certificate holder found by the board to be guilty of any of the following20
acts or offenses:21
* * *22
(7) The refusal of the licensing authority of another state, territory, or district23
of the United States to issue or renew a license, permit, or certificate to practice24
engineering or land surveying, or the revocation, or suspension, or any other25
restriction disciplinary action imposed on a license, permit, or certificate issued by26
such licensing authority, on grounds other than nonpayment of a licensure fee, or a27
finding by such licensing authority that a person has engaged in the unlicensed28
practice of engineering or land surveying, provided that the reason for the action29 HLS 10RS-285 ORIGINAL
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taken by the other licensing authority was recognized by the Louisiana board as a1
ground for disciplinary action at the time the action was taken.2
* * *3
(10) Failure to provide, within thirty calendar days of receipt of notice by4
certified mail, information or documents requested by the board relating to charges5
preferred by the board alleging a any alleged violation of this Chapter.6
* * *7
D. Charges may be preferred against any licensee or certificate holder in the8
following manner:9
(1) The A complaint review committee of the board, on its own initiative and10
by a majority vote of its entire membership authorized to participate in a proceeding,11
may prefer charges against any licensee or certificate holder who commits or12
engages in any of the acts or offenses listed in Subsection A of this Section. Any13
decision to prefer charges shall be made by a minimum two-thirds vote of the board14
members serving on the complaint review committee.15
(2) The A complaint review committee of the board, on receipt of a16
complaint from any person and by majority vote of the board's entire membership17
authorized to participate in a proceeding, may prefer charges against any licensee or18
certificate holder who commits or engages in any of the acts or offenses listed in19
Subsection A of this Section. Such complaint shall be in writing, shall be sworn to20
by the person or persons making the complaint, and shall be filed with the board.21
Any decision to prefer charges shall be made by a minimum two-thirds vote of the22
board members serving on the complaint review committee.23
E. Within twenty days of the board's preferral of charges, the board shall24
mail a copy of said charges to the last known address of the licensee or certificate25
holder so charged.26
F. In the event a complaint review committee of the board determines after27
investigation that charges so preferred are completely unfounded, more appropriately28
resolved outside the formal disciplinary proceedings, or not within the jurisdiction29 HLS 10RS-285 ORIGINAL
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of the board, the board committee shall so advise the charged party, in writing, of its1
determination and the charges shall be withdrawn. Otherwise, all charges shall be2
heard by the board or a hearing committee designated by the board within twelve3
months after the date on which they shall have been preferred. This twelve-month4
period may be extended with the consent of both the board and the charged party.5
G. The date, time, and place for said hearing shall be fixed by the board or6
the hearing complaint review committee and a copy of the charges, together with a7
notice of the date, time, and place of the hearing, shall be personally served on or8
mailed to the last known address of the charged party, at least thirty days before the9
date fixed for hearing. At any hearing, the charged party shall have the right to10
appear in person, or by counsel, or both, to cross-examine witnesses in his defense,11
and to produce evidence, and witnesses in his defense. If the charged party fails or12
refuses to appear at the hearing, the board or the hearing committee may proceed to13
hear and determine the validity of the charges.14
* * *15
K. All disciplinary actions taken shall be published on the official website16
and in the official journal of the board and may be released to other professional17
organizations relating to professional engineering and land surveying or to the news18
media.19
* * *20
M. The board may shall establish a complaint review committee committees21
to investigate, mediate, or initiate disciplinary or legal proceedings on behalf of the22
board with respect to charges preferred complaints or information received by the23
board alleging that a licensee or certificate holder committed or engaged in any of24
the acts or offenses listed in Subsection A of this Section. The complaint review25
committee Complaint review committees shall consist of at least one member three26
members of the board. Other employees of the board may be on the committees to27 HLS 10RS-285 ORIGINAL
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provide administrative assistance, background information, legal advice or any other1
assistance the committees deem necessary but shall not be granted voting privileges.2
* * *3
§700. Enforcement proceedings against other persons; procedure4
A. The board shall have the power to take enforcement action against any5
non-licensee or non-certificate holder found by the board to be guilty of any of the6
following acts or offenses:7
* * *8
(11) Failure to provide, within thirty calendar days of receipt of notice by9
certified mail, information or documents requested by the board relating to any10
alleged violation of this Chapter.11
* * *12
D. Charges may be preferred against any non-licensee or non-certificate13
holder in the following manner:14
(1) The A complaint review committee of the board, on its own initiative and15
by a majority vote of its entire membership authorized to participate in a proceeding,16
may prefer charges against any non-licensee or non-certificate holder who commits17
or engages in any of the acts or offenses listed in Subsection A of this Section. Any18
decision to prefer charges shall be made by a minimum two-thirds vote of the board19
members serving on the complaint review committee.20
(2) The A complaint review committee of the board, on receipt of a21
complaint from any person and by majority vote of the board's entire membership22
authorized to participate in a proceeding, may prefer charges against any non-23
licensee or non-certificate holder who commits or engages in any of the acts or24
offenses listed in Subsection A of this Section. Such complaint shall be in writing,25
shall be sworn to by the person or persons making the complaint, and shall be filed26
with the board. Any decision to prefer charges shall be made by a minimum two-27
thirds vote of the board members serving on the complaint review committee.28 HLS 10RS-285 ORIGINAL
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E. Within twenty days of the board's preferral of charges, the board shall1
mail a copy of said charges to the last known address of the non-licensee or non-2
certificate holder so charged.3
F. In the event a complaint review committee of the board determines after4
investigation that the charges so preferred are completely unfounded, more5
appropriately resolved outside the formal enforcement proceedings, or not within the6
jurisdiction of the board, the board committee shall so advise the charged party, in7
writing, of its determination and the charges shall be withdrawn. Otherwise, all8
charges shall be heard by the board or a hearing committee designated by the board9
within twelve months after the date on which they shall have been preferred. This10
twelve-month period may be extended with the consent of both the board and the11
charged party.12
G. The date, time, and place for said hearing shall be fixed by the board or13
the hearing complaint review committee and a copy of the charges, together with a14
notice of the date, time, and place of the hearing, shall be personally served on or15
mailed to the last known address of the charged party, at least thirty days before the16
date fixed for hearing. At any hearing, the charged party shall have the right to17
appear in person, or by counsel, or both, to cross-examine witnesses in his defense,18
and to produce evidence and witnesses in his defense. If the charged party fails or19
refuses to appear at the hearing, the board or the hearing committee may proceed to20
hear and determine the validity of the charges.21
* * *22
K. All enforcement actions taken shall be published on the official website23
and in the official journal of the board and may be released to other professional24
organizations relating to professional engineering and land surveying or to the news25
media.26
* * *27
M. The board may shall establish a complaint review committee committees28
to investigate, mediate, or initiate enforcement or legal proceedings on behalf of the29 HLS 10RS-285 ORIGINAL
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board with respect to charges preferred complaints or information received by the1
board alleging that a non-licensee or non-certificate holder committed or engaged in2
any of the acts or offenses listed in Subsection A of this Section. The complaint3
review committee Complaint review committees shall consist of at least one member4
three members of the board. Other employees of the board may be on the5
committees to provide administrative assistance, background information, legal6
advice or any other assistance the committee deems necessary but shall not be7
granted voting privileges.8
* * *9
Q. Alternatively, following an investigation of any charges preferred10
complaint or information received by the board alleging that a non-licensee or non-11
certificate holder committed or engaged in any of the acts or offenses listed in12
Subsection A of this Section, and dependent upon the result of such investigation,13
a complaint review committee of the board may present its findings to the district14
attorney in whose district such act or offense has occurred and shall aid in the15
prosecution of the violator; or the board may, if it deems necessary, prosecute any16
violator directly and in its own name, in any district court of this state for such act17
or offense. Such action may be instituted by any member, attorney, employee, or18
agent of the board acting on behalf of the board.19
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Nowlin HB No. 449
Abstract: Provides for changes to the La. Professional Engineering and Land Surveying
Board.
Present law provides that the board may appoint an executive secretary with duties that
includes licensure of engineers and land surveyors and receipt and disbursements of monies.
Proposed law retains present law but changes executive secretary to executive director.
Present law provides that the minimum requirements for licensure of a land surveyor include
two or more years of experience in responsible charge of land surveying projects under the
supervision of a professional land surveyor. HLS 10RS-285 ORIGINAL
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are additions.
Proposed law changes present law to provide that the experience be two or more years of
progressive experience on land surveying projects.
Present law provides the board the power to take disciplinary action against any licensee or
certificate holder found by the board to board to be guilty of failure to provide, within 30
calendar days of receipt of notice by certified mail, information requested by the board
relating to charges preferred by the board alleging violation of present law.
Proposed law retains present law but includes documents requested by the board relating to
any alleged violation.
Present law provides that disciplinary and enforcement proceedings against any licensee,
non-licensee, certificate holder, or non-certificate holder be intiated by the board in the
following manner:
(1)The board, on its own initiative and by a majority vote of its entire membership
authorized to participate in a proceeding, may prefer charges against any licensee,
non-licensee, certificate holder, or non-certificate holder who commits or engages
in any of the acts or offenses listed in present law.
(2)The board, on receipt of a complaint from any person and by majority vote of the
board's entire membership authorized to participate in a proceeding, may prefer
charges against any licensee, non-licensee, certificate holder, or non-certificate
holder who commits or engages in any of the acts or offenses listed in present law.
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.
Proposed law changes present law to provide a complaint review committee of the board to
oversee disciplinary or enforcement proceedings and removes the majority vote requirement.
Proposed law provides that any decision to prefer or not prefer charges regarding
disciplinary or enforcement proceedings shall be made by a minimum 2/3 vote of the board
members serving on the complaint review committee.
Present law provides that all disciplinary and enforcement actions taken shall be published
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.
Proposed law retains present law but includes that the actions be published on the board's
official website.
Present law provides that the board may establish a complaint review committee to
investigate, mediate, or initiate disciplinary or enforcement proceedings and it shall consist
of at least one member of the board.
Proposed law changes present law to require the board to establish complaint review
committees and each committee shall consist of at least three members of the board.
Proposed law provides that 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.
Proposed law provides that the board shall have the power to take enforcement action against
any non-licensee or non-certificate holder found by the board to be guilty of failure to
provide, within 30 calendar days of receipt of notice by certified mail, information or
documents requested by the board relating to any alleged violation. HLS 10RS-285 ORIGINAL
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Present law provides that the board shall advise the charged party of the complaint and set
a date, time, and place for a hearing.
Proposed law changes present law to provide that a complaint review committee shall advise
the charged party and set a date, time, and place for a hearing.
(Amends R.S. 37:687(A), 690(A), 693(B)(4)(a), 697(A), and 698(A)(7) and (10), (D), (E),
(F), (G), (K), and (M), 700(D), (E), (F), (G), (K), (M), and (Q); Adds R.S. 37:700(A)(11))