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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010 ENROLLED
SENATE BILL NO. 488
BY SENATOR NEVERS
AN ACT1
To amend and reenact R.S. 17:3123(D) and 3133 and to enact R.S. 17:3123.1, relative to the2
Board of Regents; to provide that certain rules adopted by the board are subject to3
the Administrative Procedure Act; to provide relative to the appointment,4
qualifications, compensation, and Senate confirmation of the commissioner of higher5
education; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 17:3123(D) and 3133 are hereby amended and reenacted and R.S.8
17:3123.1 is hereby enacted to read as follows: 9
§3123. Domicile; organization and meetings of board; rules10
* * *11
D. (1) The board shall adopt rules for the transaction of its business and shall12
keep an accurate record of all of its proceedings and official actions. All papers,13
documents and records appertaining to the board shall be filed at the domicile of the14
board.15
(2) All rules adopted by the board, exclusive of those regulating only the16
internal management of the board's affairs, and those adopted in exercising and17
fulfilling its duties and functions as specifically enumerated in Article VIII,18
Section 5(D) of the Louisiana Constitution, shall be adopted in accordance with19
the Administrative Procedure Act.20
(3) The board shall submit a copy of any order, rule, regulation, plan,21
agreement, policy, or recommendation, other than those regulating only the22
internal management of the board's affairs, that is not adopted in accordance23
with the provisions of the Administrative Procedure Act to the Senate24
ACT No. 648 SB NO. 488 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Committee on Education and the House Committee on Education, along with1
the written reasons and explanations therefor and a summary report of the2
proceedings of any public hearings conducted prior to the adoption of such3
order, rule, regulation, plan, policy, or recommendation.4
* * *5
§3123.1. Commissioner of higher education; appointment; qualifications;6
powers, duties and functions; compensation7
A. The Board of Regents shall appoint a commissioner of higher8
education to administer and implement board programs and policies and who9
shall possess such qualifications and have such other powers, functions, duties,10
and responsibilities as established by the board or as provided by law.11
B. The commissioner of higher education shall be appointed by a two-12
thirds vote of the total membership of the Board of Regents and shall be subject13
to confirmation by the Senate. 14
C. The salary of the commissioner of higher education shall be15
determined by the Board of Regents, subject to the approval of the Joint16
Legislative Committee on the Budget.17
* * *18
§3133. Public hearings; due process19
A. In exercising and fulfilling its powers, duties and functions as specifically20
enumerated in Article VIII, Section 5(D), paragraphs (1), and (4) of the constitution21
Louisiana Constitution, the Board of Regents shall before adopting or issuing an22
order, rule, regulation, plan, policy or recommendation, hold public hearings at23
which all students, faculty, staff, administrators, management boards and interested24
citizens may appear and present testimony. The Board of Regents shall accompany25
each such order, rule, regulation, plan, policy and recommendation with written26
reasons therefor, explaining in detail the reasons for its actions.27
B. The Board of Regents shall submit a copy of any order, rule,28
regulation, plan, agreement, policy, or recommendation so adopted to the29
Senate Committee on Education and the House Committee on Education, along30 SB NO. 488 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
with the written reasons and explanations therefor and a summary report of the1
proceedings of the public hearings conducted in accordance with the provisions2
of this Section.3
* * *4
Section 2. This Act shall become effective upon signature by the governor or, if not5
signed by the governor, upon expiration of the time for bills to become law without signature6
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If7
vetoed by the governor and subsequently approved by the legislature, this Act shall become8
effective on the day following such approval.9
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: