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)]
HB 27 Engrossed 2021 Regular Session Gregory Miller
Abstract: Removes provisions that require Title 37 licensing boards and commissions to give
notice that complaints about actions or procedures of the board or commission may be
submitted to the board or commission or to the House and Senate governmental affairs
committees and that require quarterly reports regarding those types of complaints to specified
legislative committees. Removes provisions (which expire on Aug. 1, 2021) that allow a
person with a disciplinary action brought against him by the La. State Bd. of Dentistry or the
La. Auctioneers Licensing Bd. to elect to have the matter moved to the division of
administrative law.
Present law requires a board or commission authorized to issue a license, permit, or certificate
pursuant to present law provisions in Title 37 of the La. Revised Statutes of 1950 to notify licensees
and applicants for licenses that complaints about actions or procedures of the board or commission
may be submitted to the board or commission or to the House and Senate governmental affairs
committees. Present law further requires each such board or commission to submit to the House and
Senate governmental affairs committees and to the appropriate legislative oversight committees
quarterly reports containing specified information regarding complaints. Present law additionally
requires legislative committees, members, and employees having access to confidential, personally
identifiable, or otherwise sensitive information in those reports to protect the information from
unauthorized use and disclosure.
Proposed law repeals present law effective upon signature of governor or lapse of time for
gubernatorial action.
Present law allows a person who has a disciplinary action brought against him by the La. State Bd.
of Dentistry or the La. Auctioneers Licensing Bd. to elect to have the matter moved to the division
of administrative law (DAL) for adjudication. Requires the board to advise the person that he may
elect to have the matter heard by an administrative law judge. Requires the person to advise the
board, in writing within 30 days, that he elects to have the matter heard by an administrative law
judge with the DAL. Requires quarterly reports by the specified licensing boards and the DAL to
the appropriate legislative oversight committees regarding the hearings held pursuant to present law.
Further requires the appropriate legislative oversight committees to conduct regular meetings
concerning the reports and the disciplinary actions and hearings by the licensing boards and report
findings and recommendations to the legislature no later than Jan. 1, 2021. Further provides that the
provisions of present law regarding the option for disciplinary adjudications by an administrative law
judge with the DAL, including the reports to and meetings by the legislative oversight committees,
terminate on Aug. 1, 2021. Provides, however, that any matter which has been moved to the division of administrative law shall remain in the division of administrative law until the adjudication is final.
Proposed law repeals present law and removes statutory references to present law effective Jan. 1,
2022.
(Amends R.S. 49:992(D)(5); Repeals R.S. 37:21.1 and 23.2 and R.S. 49:992.2)