SLS 18RS-351 ORIGINAL
2018 Regular Session
SENATE BILL NO. 260
BY SENATOR MILKOVICH
STATE AGENCIES. Provides relative to disciplinary hearings by professional and
occupational licensing boards and commissions. (8/1/18)
1 AN ACT
2 To amend and reenact R.S. 49:992(D)(5) and to enact R.S. 37:21.1 and R.S. 49:992.2,
3 relative to boards and commissions; to provide relative to disciplinary proceedings;
4 to provide for the option to refer disciplinary matters to the division of administrative
5 law; to provide relative to terms, conditions, and procedures; and to provide for
6 related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 37:21.1 is hereby enacted to read as follows:
9 §21.1. Licensing disciplinary actions; administrative law judges
10 A. Notwithstanding any provision of law to the contrary, a person who
11 has a disciplinary action brought against him by a professional or occupational
12 licensing board or commission may elect to have the matter moved to the
13 division of administrative law for a disciplinary adjudication by an
14 administrative law judge in accordance with the Administrative Procedure Act,
15 R.S. 49:950 et seq.
16 B. A notification to a person by a board or commission of pending
17 disciplinary action against him shall include language advising him that he may
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 260
SLS 18RS-351 ORIGINAL
1 elect to have the matter heard by an administrative law judge. The notice from
2 the board to the person shall also advise the person that he has thirty days from
3 receipt of the notice to advise the board, in writing, whether or not he elects to
4 have the matter heard by an administrative law judge.
5 C. Professional and occupational licensing boards and commissions and
6 the division of administrative law may promulgate rules in accordance with the
7 Administrative Procedure Act to implement the provisions of this Section.
8 Section 2. R.S. 49:992(D)(5) is hereby amended and reenacted and R.S. 49:992.2
9 is here by enacted to read as follows:
10 §992. Applicability; exemptions; attorney fees; court costs
11 * * *
12 D. * * *
13 (5) State Except as provided in R.S. 37:21.1, state professional and
14 occupational licensing boards shall be exempt from the provisions of this Chapter.
15 * * *
16 §992.2. Applicability; professional licensing boards and commission
17 Pursuant to the provisions of R.S. 37:21.1, a matter referred to the
18 division of administrative law for an adjudication hearing shall be conducted
19 under the provisions of this Chapter and the Administrative Procedure Act.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ridge.
DIGEST
SB 260 Original 2018 Regular Session Milkovich
Present law provides relative to powers and duties of professional licensing boards and
commissions.
Present law provides relative to disciplinary actions by boards and commissions.
Proposed law allows a person who has a disciplinary action brought against him by a
professional licensing board or commission may elect to have the matter moved to the
division of administrative law for a disciplinary adjudication by an administrative law judge.
Proposed law requires that the notification to a person by a board or commission of pending
disciplinary action against him shall include language advising him that he may elect to have
the matter heard by an administrative law judge.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 260
SLS 18RS-351 ORIGINAL
Proposed law provides that the notice from the board to the person shall also advise the
person that he has 30 days from receipt of the notice to advise the board, in writing, whether
or not he elects to have the matter heard by an administrative law judge (alj).
Proposed law provides that professional licensing boards and commissions and the division
of administrative law may promulgate rules in accordance with the Administrative Procedure
Act to implement proposed law.
Present law provides that state professional and occupational licensing boards shall be
exempt from laws relating to the division of administrative law.
Proposed law provides that if a person elects to have his disciplinary hearing before an
administrative law judge, he will be subject to the provisions of law pertaining to alj
proceedings.
Effective August 1, 2018.
(Amends R.S. 49:992(D)(5); adds R.S. 37:21.1 and R.S. 49:992.2)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.