HLS 11RS-954 ORIGINAL
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2011
HOUSE BILL NO. 408
BY REPRESENTATIVE PONTI
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
BUILDING CODES: Provides relative to the authority of the La. State Uniform
Construction Code Council
AN ACT1
To amend and reenact R.S. 40:1730.35(E) and 1730.37, relative to the La. State Uniform2
Construction Code Council; to authorize the council to suspend or revoke certificates3
of registration; to designate the council as a state professional and occupational4
licensing board; to exempt the council from the jurisdiction of the division of5
administrative law; to authorize the council to issue cease and desist orders; to6
provide for an effective date; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 40:1730.35(E) and 1730.37 are hereby amended and reenacted to9
read as follows: 10
§1730.35. Application and issuance of certificates of registration; provisional11
certificates of registration; suspension or revocation of registration12
* * *13
E. The council shall have the authority to suspend or revoke certificates of14
registration upon any violation of this Part or any rule or regulation promulgated for15
implementation of this Part after notice and a proper hearing. The council shall be16
designated as a state professional and occupational licensing board and shall be17
exempt from the provisions of R.S. 49:991 et seq. The council shall implement rules18
for such proceedings under the Administrative Procedure Act.19
* * *20 HLS 11RS-954 ORIGINAL
HB NO. 408
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§1730.37. Injunction to restrain person from violating this Part1
A. If it appears to the council at any time that a person is violating the2
provisions of this Part, or any rule or order of the council issued pursuant to this3
Chapter, the council may issue a cease and desist order prohibiting the proscribed4
conduct. The order shall be in writing and shall be effective upon service or delivery5
to the person.6
B. If the council has reason to believe that a person is violating or intends to7
violate a provision of this Part, in addition to other remedies, it may order the person8
immediately to refrain from the conduct. The council may apply to the district court9
of the parish for an injunction restraining the person from the conduct. The court10
may issue a temporary injunction ex parte not to exceed ten days and upon notice11
and full hearing may issue other orders in the matter it considers proper. No bond12
is required of the council by the court as a condition to the issuance of an injunction13
or other order pursuant to this Part.14
Section 2. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If17
vetoed by the governor and subsequently approved by the legislature, this Act shall become18
effective on the day following such approval.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)]
Ponti HB No. 408
Abstract: Authorizes the La. State Uniform Construction Code Council to suspend or
revoke certificates of registration; designates the council as a state professional and
occupational licensing board and exempts the council from the jurisdiction of the
division of administrative law, and authorizes the council to issue cease and desist
orders.
Present law authorizes the La. State Uniform Construction Code Council to suspend or
revoke certificates of registration upon any violation of present law after notice and a proper
hearing. HLS 11RS-954 ORIGINAL
HB NO. 408
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law retains present law and further authorizes the council to suspend or revoke
certificates of registration upon any violation of any rule or regulation promulgated for
implementation of proposed law after notice and a proper hearing.
Proposed law designates the council as a state professional and occupational licensing board
and exempts it from the jurisdiction of the division of administrative law.
Proposed law provides that, if it appears to the council at any time that a person is violating
the provisions of proposed law, or any rule or order of the council issued pursuant to
proposed law, the council may issue a cease and desist order prohibiting the proscribed
conduct. The order shall be in writing and shall be effective upon service or delivery to the
person.
Present law provides that if the council has reason to believe that a person is violating or
intends to violate a provision of present law, in addition to other remedies, it may order the
person immediately to refrain from the conduct. The council may apply to the district court
of the parish for an injunction restraining the person from the conduct. The court may issue
a temporary injunction ex parte not to exceed 10 days and upon notice and full hearing may
issue other orders in the matter it considers proper. No bond is required of the council by
the court as a condition to the issuance of an injunction or other order pursuant to present
law.
Proposed law retains present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 40:1730.35(E) and 1730.37)