The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
SB 187 Original 2019 Regular Session Milkovich
Present law provides that a person who has a disciplinary action brought against him by the La. State
Board of Dentistry or the La. Auctioneers Licensing Board may elect to have the matter moved to
the division of administrative law for a disciplinary adjudication by an administrative law judge in
accordance with the APA.
Provides that a notification to a person by a licensing board, referred to above, 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. A person who receives such a notification shall have
30 days from receipt of the notification to advise the board in writing that he elects to have the matter
heard by an administrative law judge. Provides that the notification from the board to the person
shall also advise the person that he has 30 days from receipt of the notification to advise the board
in writing that he elects to have the matter heard by an administrative law judge.
Authorizes each board referred to above and the division of administrative law (DAL) to promulgate
rules in accordance with the APA to implement the provisions of present law.
Proposed law extends application to each board or commission authorized to issue a license, permit,
or certificate under Title 37 of the La. Revised Statues of 1950 (LRS). Otherwise retains present law.
Present law requires that each referenced board and the DAL submit quarterly reports to the
appropriate legislative oversight committees regarding hearings conducted pursuant to present law.
Requires that the appropriate legislative oversight committees conduct regular meetings concerning
the reports received, as referenced above, concerning the disciplinary actions and hearings by the La.
State Board of Dentistry and the La. Auctioneers Licensing Board and submit a report of its findings
and recommendations to the legislature no later than January 1, 2021. Proposed law deletes present
law.
Present law terminates on August 1, 2021; however, any matter which has been moved to the DAL
for adjudication in accordance with present law prior to August 1, 2021, shall remain in the DAL
until the adjudication is final. Proposed law deletes present law.
Proposed law enacts the Licensee's Bill of Rights.
Defines the following:
(1)"Board" means a board or commission in the executive branch of state government
authorized to issue a license, permit, or certificate. (2)"Executive director" means the chief executive staff member of a board.
(3)"Licensee" means a person holding a license, permit, or certificate issued by a board.
Provides for notice of complaints within 10 days of receipt by the board, including the name of the
person making the complaint and identification of the board staff member making the complaint if
it originated with the board staff member. Proposed law requires the notice to the licensee to include
a detailed description of the complaint.
Proposed law provides an opportunity for the executive director to remove any investigator alleged
to be biased, hostile, or unfair to the licensee from an investigation upon request of the licensee.
Proposed law prohibits the board investigator from having communications with the board or
executive director unless the licensee subject to the complaint is present.
Proposed law requires the board investigator to make a written recommendation to the executive
director regarding the outcome of the investigation. Requires the recommendation to be presented
only to the executive director and not to any member of the board.
Proposed law provides that a case against a licensee shall be dismissed if the investigator, witness,
prosecutor, or executive director discusses the case with any board member regarding the facts of
the case prior to or during a hearing.
Proposed law provides that all files of the board regarding the complaint and investigation shall be
available to the licensee that is subject to the complaint through full discovery and that all relevant
facts of the case shall be included in the record.
Proposed law prevents the use of anonymous hearsay testimony during a hearing and grants the
licensee the right to confront witnesses.
Proposed law requires the board to give 10 days notice to any licensee before suspending or
terminating his license. Allows the board to seek a temporary restraining order to terminate the
licensee's license, permit, or certificate sooner than the 10 days if the board believes the 10 days will
be a threat to the public.
Proposed law requires the board to conclude all investigations within 30 days or give notice to the
licensee that the investigation is ongoing.
Proposed law requires that a board decision to revoke or suspend a license, permit, or certificate shall
be supported by clear and convincing evidence presented at the hearing.
Proposed law grants a licensee the right to an attorney, right to a prompt hearing on the matter, and
right to a de novo review in district court of any action taken by the board. If the district court
reverses the decision of the board on the basis that the board denied the licensee due process
provided by the federal or state constitution or proposed law, the board shall pay the licensee, legal fees and other costs incurred by the licensee and no presumption in favor of the board shall be
applicable.
Proposed law prohibits the board from having a rule, regulation, or any contract that requires the
licensee to waive any legal or constitutional rights to have access to the courts, due process,
discovery, evidence, or any other right established pursuant to proposed law.
Proposed law allows a licensee to have his case transferred to the division of administrative law or
an independent administrative law judge.
Proposed law is applicable to any investigation that has commenced after June 30, 2019.
Present law requires that each board or commission authorized to issue a license, permit, or
certificate under Title 37 of the LRS submit quarterly reports to the appropriate legislative oversight
committees and to the House Committee on House and Governmental Affairs and the Senate
Committee on Senate and Governmental Affairs containing the number of complaints received
regarding board actions or procedures and a summary of each such complaint and the disposition of
each complaint.
Provides that if any of the information required to be submitted contains confidential, personally
identifiable, or otherwise sensitive information, the board or commission shall clearly mark such
information as confidential, personally identifiable, or sensitive information and the legislative
committees, members, and employees having access to the identified information shall not publicly
disclose the information and shall protect the information from unauthorized use and disclosure.
Proposed law retains present law.
Present law requires that each board or commission authorized to issue a license, permit, or
certificate under Title 37 of the LRS give notice to each applicant and licensee in or with each
correspondence from the board or commission that the applicant or licensee may submit complaints
about actions or procedures of the board or commission to the board or commission or directly to
the House Committee on House and Governmental Affairs and the Senate Committee on Senate and
Governmental Affairs.
Present law requires that each board or commission authorized to issue a license, permit, or
certificate under this Title shall post a notice of the ability to submit complaints about the actions
or procedures of the board or commission to the board or commission or to the House Committee
on House and Governmental Affairs and the Senate Committee on Senate and Governmental Affairs
in a conspicuous place on the website of the board or commission.
Requires that the notice contain at a minimum the mailing address, email address, and telephone
number of the board or commission and the mailing address, email address, and telephone number
of each listed legislative committee.
Proposed law removes reference to and involvement of the legislative committees and adds the
executive head and chief administrative officer of the department in which the board or commission is placed. Otherwise retains present law.
Present law provides that pursuant to R.S. 37:21.1, a matter referred to the DAL for an adjudication
hearing shall be conducted under the APA. Present law is to terminate on August 1, 2021; however,
any matter which has been moved to the DAL prior to August 1, 2021, shall remain in the DAL until
the adjudication is final. Proposed law removes the termination of present law; otherwise retains
present law.
Proposed law, relative to the statutory re-creation of a board or commission authorized to issue a
license, permit, or certificate under Title 37 of the Louisiana Revised Statutes of 1950, requires that
after receipt of the notice of termination and evaluation from the appropriate standing committees
as provided in present law (R.S. 49:193(B)), the board or commission provide the committees with
the following information by November 15th:
(1) All powers, functions, and duties currently performed by the board or commission under
evaluation.
(2) All constitutional, statutory, or other authority under which said powers, functions, and
duties of the board or commission under evaluation are performed and carried out.
(3) Any powers, functions, or duties which, in the opinion of the board or commission under
evaluation, are being performed and duplicated by another statutory entity or political
subdivision within the state including the manner in which, and the extent to which, this
duplication of efforts is occurring and any recommendations as to eliminating the
duplication.
(4) Any powers, functions, or duties which, in the opinion of the board or commission under
evaluation, are inconsistent with current and projected public needs and which should be
terminated or altered.
(5) The identity of any problems or any programs of the board or commission to which, in the
opinion of the board or commission, the committees should give particular study.
(6) All strategic plans, master plans, operating plans, and other planning documents including
performance measures.
(7) All performance audits or studies performed by the legislative auditor within the last five
years and a description of board or commission actions in response to the findings of such
audits or studies.
(8) The identity, amount, and description of each professional, personal, or consulting service
contract entered into by the board or commission under evaluation.
(9) Any other information which a standing committee in its discretion feels is necessary and
proper in performing its review and evaluation duties. Proposed law provides that Section 3 of Act 655 of the 2018 RS provides that Act 655 shall not
apply to the La. State Bar Association, its members, or any matter initiated by the La. Attorney
Disciplinary Board. Provides that this Act shall not be deemed to amend, repeal, or otherwise affect
Section 3 of Act 655.
Proposed law applies to an investigation that is commenced on and after July 1, 2019.
Effective June 30, 2019.
(Amends R.S. 37:21.1 and 23.2(B) and R.S. 49:992.2; adds R.S. 37:21.2 and R.S. 49:193(C))