SLS 18RS-351 REENGROSSED
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, 23.1, 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 for licensure, permitting, or certification for certain individuals; to
6 provide relative to terms, conditions, and procedures; and to provide for related
7 matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 37:21.1 and 23.1 are hereby enacted to read as follows:
10 §21.1. Licensing disciplinary actions; administrative law judges
11 A. Notwithstanding any provision of law to the contrary, a person who
12 has a disciplinary action brought against him by a professional or occupational
13 licensing board or commission may elect to have the matter moved to the
14 division of administrative law for a disciplinary adjudication by an
15 administrative law judge in accordance with the Administrative Procedure Act,
16 R.S. 49:950 et seq.
17 B. A notification to a person by a board or commission of pending
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SLS 18RS-351 REENGROSSED
1 disciplinary action against him shall include language advising him that he may
2 elect to have the matter heard by an administrative law judge. The notice from
3 the board to the person shall also advise the person that he has thirty days from
4 receipt of the notice to advise the board, in writing, whether or not he elects to
5 have the matter heard by an administrative law judge.
6 C. Professional and occupational licensing boards and commissions and
7 the division of administrative law may promulgate rules in accordance with the
8 Administrative Procedure Act to implement the provisions of this Section.
9 * * *
10 §23.1. License, permit, or certificate for an individual with an ADA recognized
11 disorder
12 Any board or commission within this Title may develop a process to issue
13 a license, permit, or certificate outside the national examination for those
14 individuals with an Americans with Disabilities Act recognized disorder.
15 Section 2. R.S. 49:992(D)(5) is hereby amended and reenacted and R.S. 49:992.2
16 is hereby enacted to read as follows:
17 §992. Applicability; exemptions; attorney fees; court costs
18 * * *
19 D. * * *
20 (5) State Except as provided in R.S. 37:21.1, state professional and
21 occupational licensing boards shall be exempt from the provisions of this Chapter.
22 * * *
23 §992.2. Applicability; professional licensing boards and commissions
24 Pursuant to the provisions of R.S. 37:21.1, a matter referred to the
25 division of administrative law for an adjudication hearing shall be conducted
26 under the provisions of this Chapter and the Administrative Procedure Act.
27 Section 3. The provisions of this Act shall not apply to the Louisiana State Bar
28 Association, its members, or any matter initiated by the Louisiana Attorney Disciplinary
29 Board.
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SLS 18RS-351 REENGROSSED
The original instrument was prepared by Michelle D. Ridge. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Tammy Crain-Waldrop.
DIGEST
SB 260 Reengrossed 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.
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.
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
administrative law judge proceedings.
Proposed law provides that any board or commission within Title 37 of the La. Revised
Statutes of 1950 may develop a process to issue a license, permit, or certificate outside the
national examination for those individuals with an Americans with Disabilities Act
recognized disorder.
Proposed law exempts the Louisiana State Bar Association, its members, or any matter
initiated by the Louisiana Attorney Disciplinary Board from the provisions of proposed law.
Effective August 1, 2018.
(Amends R.S. 49:992(D)(5); adds R.S. 37:21.1, 23.1, and R.S. 49:992.2)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill
1. Allows boards and commissions to develop a licensing, permitting, or
certification process for individuals with an ADA recognized disability.
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Senate Floor Amendments to engrossed bill
1. Exempts the La. State Bar Association, its members, and the La. Attorney
Disciplinary Board.
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words in boldface type and underscored are additions.