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Regular Session, 2012
HOUSE BILL NO. 534
BY REPRESENTATIVE ALFRED WILLIAMS
UNEMPLOYMENT COMP: Provides for the suspension of certain licenses to persons who
owe overpayment obligations of unemployment compensation benefits
AN ACT1
To amend and reenact R.S. 56:647(A) and (B) and to enact R.S. 23:1749.1 through 1749.8,2
relative to overdue unemployment compensation benefits overpayment obligations;3
to provide for the suspension of certain licenses while overpayment obligations are4
due; to provide definitions; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 23:1749.1 through 1749.8 are hereby enacted to read as follows: 7
§1749.1. Definitions8
For purposes of R.S. 23:1749.1 through 1749.8, the following terms shall9
have the meaning ascribed to them in this Section:10
(1) "License" means any license to fish or hunt in Louisiana.11
(2) "Licensee" means any individual holding a license.12
(3) "Licensing authority" means the Louisiana Department of Wildlife and13
Fisheries.14
(4) "Obligor" means any individual legally obligated to repay an15
overpayment of unemployment compensation benefits who has failed to make16
required repayment for ninety or more days.17
(5) "Overpayment" means a final determination issued pursuant to R.S.18
23:1713(A).19 HLS 12RS-1047 ORIGINAL
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(6) "Suspension" means a temporary revocation of a license for an indefinite1
period of time or the denial of an application for issuance or renewal of a license.2
§1749.2. Notice of overpayment delinquency; suspension of license3
A. The commission may send by certified mail, return receipt requested, a4
notice of overpayment delinquency to an obligor informing the obligor of the5
commission's intention to submit his name to the licensing authority for suspension6
of his license. If an obligor holds multiple licenses, the commission may issue a7
single notice of its intention to submit multiple suspensions.8
B. A notice of overpayment delinquency shall include all of the following:9
(1) A summary of the obligor's right to file a written objection to the10
suspension of his license, including the time within which the objection shall be filed11
and the address where the objection shall be filed.12
(2) A brief description of an administrative hearing and location of the13
hearing if the obligor timely files a written objection.14
(3) The address and telephone number to which the obligor may respond.15
(4) A statement of the amount of the past-due overpayment.16
(5) A brief summary of all requirements the obligor shall meet to come into17
compliance or to forestall the suspension.18
§ 1749.3. Objection to suspension of license19
A. Within twenty days after receipt of the notice of overpayment20
delinquency, the obligor may file a written objection with the commission requesting21
an administrative hearing to determine whether he is in compliance with the cited22
overpayment obligation.23
B. If the obligor does not timely file a written objection or enter into a24
written agreement with the commission to make periodic payments on an25
overpayment, the commission shall certify that the obligor is noncompliant to the26
licensing authority for license suspension.27 HLS 12RS-1047 ORIGINAL
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§1749.4. Administrative hearing1
Upon receipt of a timely written objection, the commission shall conduct an2
administrative hearing in accordance with the procedures provided in R.S. 23:1629.3
The hearing may be conducted by telephone or other electronic media. The sole4
issue at the administrative hearing shall be whether the obligor is in compliance with5
his obligation to repay an overpayment or whether the obligor has failed to make6
required repayment for more than ninety days. The obligor may appeal the decision7
issued by judicial review in accordance with the procedures provided in R.S.8
23:1634.9
§1749.5. Certification of noncompliance10
A. The commission may certify in writing to the licensing authority that a11
licensee is not in compliance with an overpayment obligation in the event of any of12
the following:13
(1) The obligor has not timely filed an objection to the notice of14
overpayment delinquency and more than twenty days have passed after service of the15
notice of overpayment delinquency.16
(2) The obligor has timely filed an objection to the notice of overpayment17
delinquency and an adverse decision or order was issued after the administrative18
hearing, rehearing, or judicial review and all legal delays have lapsed.19
§1749.6. Suspension of license; notice of suspension from licensing authority20
A. Within thirty days after receipt of a certification of noncompliance from21
the commission, the licensing authority shall suspend the license of all licensees22
named therein and notify each licensee that his license has been suspended because23
of noncompliance with an overpayment obligation.24
B. The licensing authority shall specify a date of suspension, which date25
shall be within thirty days from the licensing authority's receipt of the certification26
of noncompliance and shall promptly issue a notice of suspension which shall27
include the following information:28 HLS 12RS-1047 ORIGINAL
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(1) A notification that the license of the obligor has been suspended by1
administrative order for noncompliance with an overpayment obligation.2
(2) A copy of the certification of noncompliance.3
(3) The effective date of the suspension.4
(4) A notification that the obligor shall obtain a compliance release from the5
commission to apply for reinstatement of a license.6
(5) Any other information prescribed by the licensing authority.7
§1749.7. Subsequent compliance with overpayment obligation; compliance releases8
A. An obligor shall be considered to be in subsequent compliance with an9
overpayment obligation when all of the following occur:10
(1) The obligor is up to date with all overpayment obligations.11
(2) All past-due overpayment obligations have been paid or if the obligor12
agreed to a periodic payment schedule with the commission, the obligor has made13
timely periodic payments in accordance with the terms of that agreement for at least14
ninety days.15
B. At the request of an obligor who is in subsequent compliance with16
Subsection A of this Section, the commission shall issue a compliance release17
certificate indicating that the obligor is eligible to have his license reissued.18
§1749.8. Reissuance of license19
The licensing authority shall issue, reissue, renew, or otherwise extend an20
obligor's license, in accordance with any applicable reinstatement fees or applicable21
rules, upon receipt of a certified copy of a compliance release from the commission.22
Section 2. R.S. 56:647(A) and (B) are hereby amended and reenacted to read as23
follows: 24
§647. Suspension or denial of hunting and fishing license; failure to pay child25
support, or individual income tax, or unemployment compensation26
overpayment27
A.(1) Regardless of the requirements for the issuance or renewal of a license28
pursuant to the provisions of this Chapter, all hunting and fishing licenses issued29 HLS 12RS-1047 ORIGINAL
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pursuant to this Chapter are also subject to the provisions of R.S. 9:315.30 et seq.,1
suspension of license for nonpayment of child support and R.S. 23:1749.1 et seq.,2
suspension of license for nonpayment of unemployment compensation overpayment.3
(2) The Department of Wildlife and Fisheries shall adopt rules and4
regulations in accordance with the provisions of the Administrative Procedure Act5
to effectuate the orderly and expeditious suspension and reissuance of hunting and6
fishing licenses in accordance with R.S. 9:315.30 et seq. and R.S. 23:1749.1 et seq.7
B.(1) Regardless of the requirements for the issuance or renewal of a license8
pursuant to the provisions of this Chapter, all recreational hunting and fishing9
licenses issued pursuant to this Chapter are also subject to the provisions of R.S.10
9:315.40 et seq., revocation of license for nonpayment of child support and R.S.11
23:1749.1 et seq., suspension of license for nonpayment of unemployment12
compensation overpayment.13
(2) The Department of Wildlife and Fisheries shall adopt rules and14
regulations in accordance with the provisions of the Administrative Procedure Act15
to effectuate the orderly and expeditious suspension and reissuance of recreational16
hunting and fishing licenses in accordance with R.S. 9:315.40 et seq. and R.S.17
23:1749.1 et seq.18
* * *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)]
Alfred Williams HB No. 534
Abstract: Provides for the suspension of hunting and fishing licenses for persons with
overdue unemployment compensation benefits overpayment obligations.
Present law provides that the commission may enforce the collection of overpayment of
unemployment compensation benefits by means of assessment and executory procedure.
Present law provides that after an exhaustion or prescription of appeal rights of an obligor,
the commission may file with the Dept. of Revenue against any income tax refund, to collect
overpayment.
Proposed law provides definitions to be used throughout proposed law. HLS 12RS-1047 ORIGINAL
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Proposed law provides that the commission may notify an obligor by certified mail of an
overpayment delinquency and the intention of the commission to submit the obligor's name
to the licensing agency for a suspension of license.
Proposed law provides in the notice of delinquency, the commission shall also notify the
obligor where he can file an objection of the suspension of his license, the amount the
obligor owes, and what the obligor must do to bring himself into compliance.
Proposed law provides the procedure to the license suspension, which includes a written
objection if the obligor wishes to object, an administrative hearing, a certification of
noncompliance, and the suspension of the license.
Proposed law provides the time periods for the suspension and reinstatement of a license.
Proposed law provides that upon payment of any delinquencies, the commission shall issue
a compliance release certificate which shall indicate that the obligor is eligible to have his
license reissued.
Proposed law provides that the licensing authority shall issue, reissue, renew, or otherwise
extend the obligor's license upon receipt of the compliance release certificate.
Present law (R.S. 56:647) provides for the suspension or denial of a hunting or fishing
license for failure to pay child support or individual income tax.
Proposed law retains present law and further provides for the suspension or denial of a
hunting or fishing license for failure to pay an unemployment compensation overpayment
obligation.
(Amends R.S. 56:467; Adds R.S. 23:1749.1-1749.8)