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Regular Session, 2010 ENROLLED
SENATE BILL NO. 310
BY SENATOR KOSTELKA
AN ACT1
To amend and reenact R.S. 42:1141(C)(4)(a) and (c) and (5) and (E)(10) and 1142(E),2
relative to enforcement of laws within the jurisdiction of the Board of Ethics; to3
provide relative to the powers, functions, and duties of the Ethics Adjudicatory4
Board; to provide relative to appeals of board decisions; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 42:1141(C)(4)(a) and (c) and (5) and (E)(10) and 1142(E) are hereby8
amended and reenacted to read as follows: 9
§1141. Procedure; adjudicatory board10
* * *11
C. Investigation and hearing.12
* * *13
(4)(a) The director of the division of administrative law shall randomly select14
seven administrative law judges from among those who meet the qualifications to15
comprise the Ethics Adjudicatory Board. The last selected judge shall serve as the16
alternate. Members of the adjudicatory board shall have not less than two years of17
experience as an administrative law judge or not less than ten years experience in the18
practice of law.19
* * *20
(c) Selection. (i) The members of the Ethics Adjudicatory Board shall be21
randomly selected at a public meeting of the Board of Ethics, from among the names22
of all administrative law judges who meet the qualifications. The members of the23
first Ethics Adjudicatory Board shall be selected by August 15, 2008. The initial24
current Ethics Adjudicatory Board shall serve until January 1, 2009. through25
December 31, 2010. Thereafter, the adjudicatory board members shall be selected26
annually to each serve a one-year term from January first through December thirty-27 SB NO. 310 ENROLLED
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first. three-year term, which term shall begin on January first. The adjudicatory1
board members for the years 2009 and beyond shall be randomly selected at a public2
meeting held by the Board of Ethics in December of the preceding year preceding3
the year in which the terms are to begin. There shall be no limitation on the4
number of times a qualified member may be selected to serve.5
(ii) A vacancy on either three-judge panel shall be filled by the alternate6
judge.7
(iii) A vacancy on the Ethics Adjudicatory Board shall be filled for the8
unexpired term at the next public meeting of the Board of Ethics and in the9
same manner as for the original selection. The last selected judge shall serve as10
the alternate.11
* * *12
(5) If the ethics adjudicatory panel determines that a violation has occurred13
and prescribes authorized penalties or other sanctions, the public servant or person14
may appeal as set forth in R.S. 42:1142 the Board of Ethics shall, within forty-five15
days of the issuance of the determination by the ethics adjudicatory panel, issue a16
decision adopting the determination of the ethics adjudicatory panel.17
* * *18
E. Procedure. * * *19
(10) Any public servant or other person who is aggrieved by any action taken20
by a panel of the Board of Ethics may request a review of the panel's decision by21
the board full Board of Ethics within thirty days of the panel's decision. The board22
shall determine whether or not to review the panel's action within thirty days of the23
request for review.24
* * *25
§1142. Appeals26
* * *27
E. A decision of the Ethics Adjudicatory Board or a panel thereof is a final28
decision that may be appealed under this Section in the same manner as a decision29
of the Board of Ethics within thirty days after the mailing of the notice of the30 SB NO. 310 ENROLLED
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decision, or if a rehearing is requested, within thirty days after mailing of the1
decision on the rehearing.2
Section 2. This Act shall become effective upon signature by the governor or, if not3
signed by the governor, upon expiration of the time for bills to become law without signature4
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If5
vetoed by the governor and subsequently approved by the legislature, this Act shall become6
effective on the day following such approval.7
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: