ENROLLED
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Regular Session, 2010
HOUSE BILL NO. 449
BY REPRESENTATIVE NOWLIN
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
shall be a majority of its members. The board may appoint or employ an assistant21
secretary, executive secretary director, treasurer, or other officers or employees not22
members of the board, to whom clerical and administrative duties may be assigned.23 ENROLLEDHB NO. 449
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The board shall fix the compensation of such persons not under the state civil1
service.2
* * *3
§690. Receipts and disbursements4
A. The treasurer or the executive secretary director of the board, or any other5
person or persons authorized by the board, shall receive, disburse, and account for6
all monies paid to or received by the board. He shall institute a system of books and7
financial records satisfactory to the supervisor of public accounts, who shall audit8
them annually. He shall open an account in a bank designated by the board as its9
official depository in the city wherein the board is domiciled. All checks disbursing10
funds of the board must be signed by any two of the following persons: the11
executive secretary director, the deputy executive secretary director, the treasurer,12
or any member of the board as directed by the board. All disbursements of funds13
shall be approved by the board. All funds of the board shall be deposited within14
seventy-two hours after receipt.15
* * *16
§693. Requirements for licensure as a professional engineer or professional land17
surveyor, and certification as an engineer intern or land surveyor intern18
* * *19
B. The minimum requirements for licensure or certification by the board20
shall be as follows:21
* * *22
(4) A professional land surveyor shall be either:23
(a) A land surveyor intern or an individual who meets the qualifications of24
a land surveyor intern who has had at least four years or more combined office and25
field experience in land surveying, including two years or more of progressive26
experience in responsible charge of on land surveying projects under the supervision27
of a professional land surveyor, who is of good character and reputation, who has28 ENROLLEDHB NO. 449
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passed the oral and written examinations required by the board, and who has satisfied1
the requirements of R.S. 37:694.2
* * *3
§697. Expiration and renewals4
A. Licensure and certification shall expire at a time specified by the board5
and shall become invalid after that date unless renewed. It shall be the duty of the6
executive secretary director of the board to notify by letter to his last known address7
each licensee and certificate holder of the date of the expiration of the license or8
certificate and the amount of the fee that shall be required for its renewal. The notice9
shall be mailed at least one month in advance of the expiration of such license or10
certificate. Renewal of licensure as a professional engineer, professional land11
surveyor, or firm, or certification as an engineer intern or land surveyor intern may12
be effected at any time during the two months prior to expiration by the payment of13
a fee not to exceed one hundred dollars per year, at the discretion of the board.14
* * *15
§698. Disciplinary proceedings against licensees and certificate holders; procedure16
A. The board shall have the power to take disciplinary action against any17
licensee or certificate holder found by the board to be guilty of any of the following18
acts or offenses:19
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(7) The refusal of the licensing authority of another state, territory, or district21
of the United States to issue or renew a license, permit, or certificate to practice22
engineering or land surveying, or the revocation , or suspension, or any other23
restriction disciplinary action imposed on a license, permit, or certificate issued by24
such licensing authority, on grounds other than nonpayment of a licensure fee, or a25
finding by such licensing authority that a person has engaged in the unlicensed26
practice of engineering or land surveying, provided that the reason for the action27
taken by the other licensing authority was recognized by the Louisiana board as a28
ground for disciplinary action at the time the action was taken.29
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(10) Failure to provide, within thirty calendar days of receipt of notice by1
certified mail, information or documents requested by the board relating to charges2
preferred by the board alleging a any alleged violation of this Chapter.3
* * *4
D. Charges may be preferred against any licensee or certificate holder in the5
following manner:6
(1) The A complaint review committee of the board, on its own initiative and7
by a majority vote of its entire membership authorized to participate in a proceeding,8
may prefer charges against any licensee or certificate holder who commits or9
engages in any of the acts or offenses listed in Subsection A of this Section. Any10
decision to prefer charges shall be made by a minimum two-thirds vote of the board11
members serving on the complaint review committee.12
(2) The A complaint review committee of the board, on receipt of a13
complaint from any person and by majority vote of the board's entire membership14
authorized to participate in a proceeding, may prefer charges against any licensee or15
certificate holder who commits or engages in any of the acts or offenses listed in16
Subsection A of this Section. Such complaint shall be in writing, shall be sworn to17
by the person or persons making the complaint, and shall be filed with the board.18
Any decision to prefer charges shall be made by a minimum two-thirds vote of the19
board members serving on the complaint review committee.20
E. Within twenty days of the board's preferral of charges, the board shall21
mail a copy of said charges to the last known address of the licensee or certificate22
holder so charged.23
F. In the event a complaint review committee of the board determines after24
investigation that charges so preferred are completely unfounded, more appropriately25
resolved outside the formal disciplinary proceedings, or not within the jurisdiction26
of the board, the board committee shall so advise the charged party, in writing, of its27
determination and the charges shall be withdrawn. Otherwise, all charges shall be28
heard by the board or a hearing committee designated by the board within twelve29 ENROLLEDHB NO. 449
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months after the date on which they shall have been preferred. This twelve-month1
period may be extended with the consent of both the board and the charged party.2
G. The date, time, and place for said hearing shall be fixed by the board or3
the hearing complaint review committee and a copy of the charges, together with a4
notice of the date, time, and place of the hearing, shall be personally served on or5
mailed to the last known address of the charged party, at least thirty days before the6
date fixed for hearing. At any hearing, the charged party shall have the right to7
appear in person, or by counsel, or both, to cross-examine witnesses in his defense,8
and to produce evidence, and witnesses in his defense. If the charged party fails or9
refuses to appear at the hearing, the board or the hearing committee may proceed to10
hear and determine the validity of the charges.11
* * *12
K. All disciplinary actions taken shall be published on the official website13
and in the official journal of the board and may be released to other professional14
organizations relating to professional engineering and land surveying or to the news15
media.16
* * *17
M. The board may shall establish a complaint review committee committees18
to investigate, mediate, or initiate disciplinary or legal proceedings on behalf of the19
board with respect to charges preferred complaints or information received by the20
board alleging that a licensee or certificate holder committed or engaged in any of21
the acts or offenses listed in Subsection A of this Section. The complaint review22
committee Complaint review committees shall consist of at least one member three23
members of the board. Other employees or representatives of the board may be on24
the committees to provide administrative assistance, background information, legal25
advice, or any other assistance the committees deem necessary but shall not be26
granted voting privileges.27
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§700. Enforcement proceedings against other persons; procedure1
A. The board shall have the power to take enforcement action against any2
non-licensee or non-certificate holder found by the board to be guilty of any of the3
following acts or offenses:4
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(11) Failure to provide, within thirty calendar days of receipt of notice by6
certified mail, information or documents requested by the board relating to any7
alleged violation of this Chapter.8
* * *9
D. Charges may be preferred against any non-licensee or non-certificate10
holder in the following manner:11
(1) The A complaint review committee of the board, on its own initiative and12
by a majority vote of its entire membership authorized to participate in a proceeding,13
may prefer charges against any non-licensee or non-certificate holder who commits14
or engages in any of the acts or offenses listed in Subsection A of this Section. Any15
decision to prefer charges shall be made by a minimum two-thirds vote of the board16
members serving on the complaint review committee.17
(2) The A complaint review committee of the board, on receipt of a18
complaint from any person and by majority vote of the board's entire membership19
authorized to participate in a proceeding, may prefer charges against any non-20
licensee or non-certificate holder who commits or engages in any of the acts or21
offenses listed in Subsection A of this Section. Such complaint shall be in writing,22
shall be sworn to by the person or persons making the complaint, and shall be filed23
with the board. Any decision to prefer charges shall be made by a minimum two-24
thirds vote of the board members serving on the complaint review committee.25
E. Within twenty days of the board's preferral of charges, the board shall26
mail a copy of said charges to the last known address of the non-licensee or non-27
certificate holder so charged.28
F. In the event a complaint review committee of the board determines after29
investigation that the charges so preferred are completely unfounded, more30 ENROLLEDHB NO. 449
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appropriately resolved outside the formal enforcement proceedings, or not within the1
jurisdiction of the board, the board committee shall so advise the charged party, in2
writing, of its determination and the charges shall be withdrawn. Otherwise, all3
charges shall be heard by the board or a hearing committee designated by the board4
within twelve months after the date on which they shall have been preferred. This5
twelve-month period may be extended with the consent of both the board and the6
charged party.7
G. The date, time, and place for said hearing shall be fixed by the board or8
the hearing complaint review committee and a copy of the charges, together with a9
notice of the date, time, and place of the hearing, shall be personally served on or10
mailed to the last known address of the charged party, at least thirty days before the11
date fixed for hearing. At any hearing, the charged party shall have the right to12
appear in person, or by counsel, or both, to cross-examine witnesses in his defense,13
and to produce evidence and witnesses in his defense. If the charged party fails or14
refuses to appear at the hearing, the board or the hearing committee may proceed to15
hear and determine the validity of the charges.16
* * *17
K. All enforcement actions taken shall be published on the official website18
and in the official journal of the board and may be released to other professional19
organizations relating to professional engineering and land surveying or to the news20
media.21
* * *22
M. The board may shall establish a complaint review committee committees23
to investigate, mediate, or initiate enforcement or legal proceedings on behalf of the24
board with respect to charges preferred complaints or information received by the25
board alleging that a non-licensee or non-certificate holder committed or engaged in26
any of the acts or offenses listed in Subsection A of this Section. The complaint27
review committee Complaint review committees shall consist of at least one member28
three members of the board. Other employees or representatives of the board may29
be on the committees to provide administrative assistance, background information,30 ENROLLEDHB NO. 449
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legal advice, or any other assistance the committees deem necessary but shall not be1
granted voting privileges.2
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Q. Alternatively, following an investigation of any charges preferred4
complaint or information received by the board alleging that a non-licensee or non-5
certificate holder committed or engaged in any of the acts or offenses listed in6
Subsection A of this Section, and dependent upon the result of such investigation,7
a complaint review committee of the board may present its findings to the district8
attorney in whose district such act or offense has occurred and shall aid in the9
prosecution of the violator; or the board may, if it deems necessary, prosecute any10
violator directly and in its own name, in any district court of this state for such act11
or offense. Such action may be instituted by any member, attorney, employee, or12
agent of the board acting on behalf of the board.13
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: