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ACT No. 263
Regular Session, 2012
HOUSE BILL NO. 534
BY REPRESENTATIVE ALFRED WILLIAMS
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 recreational 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 fraudulently obtained16
pursuant to R.S. 23:1601(8), who has failed to make required repayment for ninety17
or more days.18
(5) "Overpayment" means a final determination issued pursuant to R.S.19
23:1713(A).20
(6) "Suspension" means a temporary revocation of a license for an indefinite21
period of time or the denial of an application for issuance or renewal of a license.22
§1749.2. Notice of overpayment delinquency; suspension of license23
A. The commission may send by certified mail, return receipt requested, a24
notice of overpayment delinquency to an obligor informing the obligor of the25 ENROLLEDHB NO. 534
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commission's intention to submit his name to the licensing authority for suspension1
of his license. If an obligor holds multiple licenses, the commission may issue a2
single notice of its intention to submit multiple suspensions.3
B. A notice of overpayment delinquency shall include all of the following:4
(1) A summary of the obligor's right to file a written objection to the5
suspension of his license, including the time within which the objection shall be filed6
and the address where the objection shall be filed.7
(2) A brief description of an administrative hearing and location of the8
hearing if the obligor timely files a written objection.9
(3) The address and telephone number to which the obligor may respond.10
(4) A statement of the amount of the past-due overpayment.11
(5) A brief summary of all requirements the obligor shall meet to come into12
compliance or to forestall the suspension.13
§1749.3. Objection to suspension of license14
A. Within twenty days after receipt of the notice of overpayment15
delinquency, the obligor may file a written objection with the commission requesting16
an administrative hearing to determine whether he is in compliance with the cited17
overpayment obligation.18
B. If the obligor does not timely file a written objection or enter into a19
written agreement with the commission to make periodic payments on an20
overpayment, the commission shall certify that the obligor is noncompliant to the21
licensing authority for license suspension.22
§1749.4. Administrative hearing23
Upon receipt of a timely written objection, the commission shall conduct an24
administrative hearing in accordance with the procedures provided in R.S. 23:1629.25
The hearing may be conducted by telephone or other electronic media. The sole26
issue at the administrative hearing shall be whether the obligor is in compliance with27
his obligation to repay an overpayment or whether the obligor has failed to make28
required repayment for more than ninety days. The obligor may appeal the decision29 ENROLLEDHB NO. 534
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issued by judicial review in accordance with the procedures provided in R.S.1
23:1634.2
§1749.5. Certification of noncompliance3
The commission may certify electronically to the licensing authority that a4
licensee is not in compliance with an overpayment obligation in the event of any of5
the following:6
(1) The obligor has not timely filed an objection to the notice of7
overpayment delinquency and more than twenty days have passed after service of the8
notice of overpayment delinquency.9
(2) The obligor has timely filed an objection to the notice of overpayment10
delinquency and an adverse decision or order was issued after the administrative11
hearing, rehearing, or judicial review and all legal delays have lapsed.12
§1749.6. Suspension of license13
A. Within thirty days after receipt of a certification of noncompliance from14
the commission, the licensing authority shall suspend the license of all licensees15
named therein.16
B. The licensing authority shall specify a date of suspension, which date17
shall be within thirty days from the licensing authority's receipt of the certification18
of noncompliance.19
§1749.7. Subsequent compliance with overpayment obligation; compliance releases20
A. An obligor shall be considered to be in subsequent compliance with an21
overpayment obligation when all of the following occur:22
(1) The obligor is up to date with all overpayment obligations.23
(2) All past-due overpayment obligations have been paid or if the obligor24
agreed to a periodic payment schedule with the commission, the obligor has made25
timely periodic payments in accordance with the terms of that agreement for at least26
ninety days.27
B. At the request of an obligor who is in subsequent compliance with28
Subsection A of this Section, the commission shall electronically issue a compliance29
release certificate indicating that the obligor is eligible to have his license reissued.30 ENROLLEDHB NO. 534
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§1749.8. Reissuance of license1
The licensing authority shall issue, reissue, renew, or otherwise extend an2
obligor's license, in accordance with any applicable reinstatement fees or applicable3
rules, upon receipt of a certified copy of a compliance release from the commission.4
Section 2. R.S. 56:647(A) and (B) are hereby amended and reenacted to read as5
follows: 6
§647. Suspension or denial of hunting and fishing license; failure to pay child7
support, or individual income tax, or unemployment compensation8
overpayment9
A.(1) Regardless of the requirements for the issuance or renewal of a license10
pursuant to the provisions of this Chapter, all hunting and fishing licenses issued11
pursuant to this Chapter are also subject to the provisions of R.S. 9:315.30 et seq.,12
suspension of license for nonpayment of child support and R.S. 23:1749.1 et seq.,13
suspension of license for nonpayme nt of unemployment compensation overpayment.14
(2) The Department of Wildlife and Fisheries shall adopt rules and15
regulations in accordance with the provisions of the Administrative Procedure Act16
to effectuate the orderly and expeditious suspension and reissuance of hunting and17
fishing licenses in accordance with R.S. 9:315.30 et seq. and R.S. 23:1749.1 et seq.18
B.(1) Regardless of the requirements for the issuance or renewal of a license19
pursuant to the provisions of this Chapter, all recreational hunting and fishing20
licenses issued pursuant to this Chapter are also subject to the provisions of R.S.21
9:315.40 et seq., revocation of license for nonpayment of child support and R.S.22
23:1749.1 et seq., suspension of license for nonpayment of unemployment23
compensation overpayment.24 ENROLLEDHB NO. 534
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(2) The Department of Wildlife and Fisheries shall adopt rules and1
regulations in accordance with the provisions of the Administrative Procedure Act2
to effectuate the orderly and expeditious suspension and reissuance of recreational3
hunting and fishing licenses in accordance with R.S. 9:315.40 et seq. and R.S.4
23:1749.1 et seq.5
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: