reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:84. Injunctions against unlawful acts; criminal penalties

RS 37:84 - Injunctions against unlawful acts; criminal penalties
A. Whenever the board believes that any person or firm has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of R.S. 37:83, the board may:
(1) Apply to the appropriate court for an order enjoining such acts or practices. Upon a showing by the board that such person or firm has engaged in or is about to engage in any such acts or practices, an injunction, a restraining order, or other appropriate order shall be granted by such court.
(2) Bring its information to the attention of the attorney general of any state, or other appropriate law enforcement officer, who may in his discretion cause appropriate criminal proceedings to be brought.
B. Any person or firm who knowingly violates any provision of R.S. 37:83 shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than two thousand dollars for each violation or imprisonment for not more than one year, or both.
Acts 1979, No. 510, §1; Acts 1987, No. 114, §1; Acts 1991, No. 880, §1, eff. Jan. 1, 1992; Acts 1995, No. 190, §2; Acts 1999, No. 473, §1, eff. June 18, 1999; Acts 2016, No. 553, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:85. Single act evidence of practice

RS 37:85 - Single act evidence of practice
Evidence of the commission of a single act prohibited by this Part or any rules or regulations adopted pursuant to this Part is sufficient to justify additional fees, assessment of reasonable costs, a penalty, fine, injunction, restraining order, or conviction without evidence of a general course of conduct.
Acts 1979, No. 510, §1; Acts 1999, No. 473, §1, eff. June 18, 1999; Acts 2016, No. 553, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:87. Licensee's working papers; client records

RS 37:87 - Licensee's working papers; client records
A.(1) Subject to the provisions of R.S. 37:86, all statements, records, schedules, working papers, and memoranda made by a licensee or a partner, shareholder, officer, director, member, manager, or employee of a licensee incident to or in the course of rendering services to a client while a licensee, except the reports submitted by the licensee to the client and except for records that are part of the client's records, shall be and remain the property of the licensee in the absence of an express agreement between the licensee and the client to the contrary. No such statement, record, schedule, working paper, or memorandum shall be sold, transferred, or bequeathed without the consent of the client or the client's personal representative or assignee to anyone other than one or more surviving partners, stockholders, members, or new partners, new stockholders, or new members of the licensee or any combined or merged firm or successor in interest to the licensee.
(2) This Section shall not prohibit any temporary transfer of work papers or other material necessary in the course of carrying out peer reviews or the disclosure of information pursuant to R.S. 37:86.
B. A licensee shall furnish to a client or former client upon request and reasonable notice the following:
(1) A copy of the licensee's working papers that are records which would ordinarily constitute part of the client's records and are not otherwise available to the client.
(2) Any accounting or other records belonging to or obtained from or on behalf of the client that the licensee removed from the client's premises or received for the client's account. The licensee may make and retain copies of such documents of the client when they form the basis for work done by the licensee.
(3) Any other items as specified by the board by rule.
C. This Section shall not require a licensee to retain any work paper beyond the period prescribed in R.S. 37:89.
D. This Section shall apply to all formats of documents including paper and electronic and regardless of storage location.
Acts 1979, No. 510, §1; Acts 1992, No. 294, §2, eff. June 17, 1992; Acts 1995, No. 190, §2; Acts 1999, No. 473, §1, eff. June 18, 1999; Acts 2016, No. 553, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:88. Accounting and review services for governmental entities

RS 37:88 - Accounting and review services for governmental entities
Notwithstanding any provision of Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950 to the contrary, a licensee may be engaged to conduct an audit or review of the books and accounts of a governmental entity for which such licensee also performs, or has performed, other accounting, advisory, or other services, provided that the performance of such other services does not or has not impaired the independence of the licensee with respect to the governmental entity and such other services are or have been performed in conformity with the ethical rules and interpretations governing the independence of a licensee, as prescribed by the American Institute of Certified Public Accountants. A licensee is not precluded from issuing a report with respect to a compilation of financial statements for a governmental entity with respect to which the licensee is not independent so long as the licensee specifically discloses the lack of independence prior to such engagement.
Acts 1986, No. 810, §1, eff. July 10, 1986; Acts 1999, No. 473, §1, eff. June 18, 1999; Acts 2006, No. 214, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:89. Right of licensees to discard documents three years after completion of engagement

RS 37:89 - Right of licensees to discard documents three years after completion of engagement
A. No licensee who has retained documents generated during, or relevant to, the performance of an engagement for at least three years after completion of that engagement shall have any obligation to a client or any other party to continue to retain such documents. After the expiration of three years from the completion of any engagement, such licensee performing that engagement may dispose of all documents generated during the course of, or relevant to, that engagement by any means, including physical destruction, without thereby incurring liability for damages in tort, contract, or quasi contract to any person.
B. The term "document" is used in this Section as it is encompassed in Code of Civil Procedure Article 1461.
C. If a licensee receives written notice of the commencement of a review panel pursuant to Part II of this Chapter or any judicial proceeding or ethical investigation arising out of or relating to his or its performance of any engagement, then the effect of Subsections A and B of this Section shall be suspended until the termination of the review panel, judicial proceeding, or ethical investigation. A judicial proceeding shall be terminated by final judgment. An investigation or administrative proceeding arising therefrom shall be terminated by written notice by the administrative, regulatory, or professional society of termination of the investigation or proceeding. A review panel shall be terminated as provided in Part II of this Chapter.
D. Nothing in this Section shall impair the right of any person to demand production of any document which has not been disposed of in accordance with the provisions of Subsection A of this Section.
Acts 1991, No. 880, §1, eff. Jan. 1, 1992; Acts 1999, No. 473, §1, eff. June 18, 1999.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:90. Accounting documents sent out of state by the insurance commissioner

RS 37:90 - Accounting documents sent out of state by the insurance commissioner
A. Any document generated by a licensee in the course of an engagement which is sent outside this state by the commissioner of insurance and which is disclosed to an entity of another state, the federal government, or another country pursuant to R.S. 22:1983(I)(2), or any other statute or grant of authority, shall be held confidential by that entity and shall not be divulged to any third party.
B. Notwithstanding any other provision of law to the contrary, any lawsuit arising out of or predicated on documents or the content of documents generated by a licensee in the course of an engagement and sent outside this state by the commissioner of insurance pursuant to R.S. 22:1983(I)(2), or any other statute or grant of authority, shall be governed by the prescriptive and preemptive provisions of R.S. 9:5604.
C. The term "document" is used in this Section as it is encompassed in Code of Civil Procedure Article 1461.
Acts 1992, No. 294, §2, eff. June 17, 1992; Acts 1999, No. 473, §1, eff. June 18, 1999; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:91. Privity of contract

RS 37:91 - Privity of contract
A. This Section shall apply to all causes of action specified in this Section filed on or after June 18, 1999.
B. No action based on negligence may be brought against any defendant licensee, or any employee or principal of a defendant licensee, unless the plaintiff claims to have been injured as a result of their justifiable reliance upon financial statements or other information examined, compiled, reviewed, certified, audited, prepared pursuant to a preparation of financial statement engagement, or otherwise prepared, reported, or opined on by the defendant licensee or in the course of the defendant licensee's engagement to provide other services and at least one of the following conditions apply:
(1) The plaintiff is the issuer or successor of the issuer of the financial statements or other information examined, compiled, reviewed, certified, audited, prepared pursuant to a preparation of financial statement engagement, or otherwise prepared, reported, or opined on by the defendant licensee, and such plaintiff has engaged the defendant licensee to examine, compile, review, certify, audit, prepare pursuant to a preparation of financial statement engagement, or otherwise report or render an opinion on such financial statements or to provide other services.
(2) The defendant licensee was aware at the time the engagement was undertaken that the financial statements or other information were to be made available for use in connection with a specified transaction by the plaintiff who was specifically identified to the defendant licensee, was aware that the plaintiff intended to rely upon such financial statements or other information in connection with the specified transaction, and had direct contact and communication with the plaintiff and expressed by words and conduct the defendant licensee's understanding of the reliance on such financial statements or other information.
Acts 1992, No. 611, §2; Acts 1999, No. 473, §1, eff. June 18, 1999; Acts 2016, No. 553, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:92. Prescriptive and peremptive period

RS 37:92 - Prescriptive and peremptive period
Notwithstanding any other law to the contrary, the prescriptive and peremptive period in all actions brought in this state against any licensee or any employee or principal of a licensee shall be governed exclusively by R.S. 9:5604. The scope of the duty of a licensee or an employee or principal of a licensee to clients and nonclients shall be determined exclusively by R.S. 37:91, regardless of the domicile of the parties involved.
Acts 1993, No. 946, §1, eff. June 25, 1993; Acts 1999, No. 473, §1, eff. June 18, 1999.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:93. Proportionate liability

RS 37:93 - Proportionate liability
Notwithstanding any other law to the contrary, no judgment for money damages may be entered against any licensee or any employee or principal of a licensee by any person or entity claiming to have been injured by the licensee, employee, or principal except in accordance with the provisions of this Section:
(1) If the party seeking a judgment for damages against the licensee, employee, or principal proves that the licensee, employee, or principal acted with the deliberate intent to deceive, manipulate, or defraud for his or its own direct pecuniary benefit, the liability shall be determined according to the principles that generally apply to such an action.
(2) If the licensee, employee, or principal is not proven to have acted with the deliberate intent to deceive, manipulate, or defraud for his or its own direct pecuniary benefit, the amount of the liability in damages shall be determined as follows:
(a) The trier of fact shall determine the percentage of responsibility of the plaintiff, of each of the defendants, and of each of the other persons or entities alleged by the parties to have caused or contributed to the harm alleged by the plaintiff. In determining the percentages of responsibility, the trier of fact shall consider both the nature of the conduct of each person and the nature and extent of the causal relationship between that conduct and the damage claimed by the plaintiff.
(b) The trier of fact shall next determine the total amount of damages suffered by the plaintiff caused in whole or in part by the plaintiff, the defendants, and other persons alleged to have caused or contributed to the damage.
(c) The trier of fact shall then multiply the percentage of responsibility of the licensee, employee, or principal by the total amount of damages and shall enter a judgment or verdict against the licensee, employee, or principal in an amount no greater than the product of those two factors.
(d) In no event shall the damages awarded against or paid by a licensee, employee, or principal exceed the amount determined in Subparagraph (c) of this Paragraph. The licensee, employee, or principal shall not be jointly liable on any judgment entered against any other party to the action.
(e) Except where a contractual relationship permits, no defendant shall have a right to recover from a licensee, employee, or principal any portion of the percentage of damages assessed against such defendant.
Acts 1999, No. 473, §1, eff. June 18, 1999.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:95. Legislative auditor

RS 37:95 - Legislative auditor
Nothing in this Part shall apply to and the board shall not have any power to question or regulate any practices, services, functions, or other actions performed by the duly elected or appointed legislative auditor or his designees in the discharge of the powers, duties, and functions committed to his office by the state constitution or any statute.
Acts 1999, No. 473, §1, eff. June 18, 1999.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:101. Special definitions

RS 37:101 - Special definitions
As used in this Part the following terms shall have the following meanings:
(1) "Claim" means any cause of action against a certified public accountant or firm, regardless of the legal basis of the claim, including but not limited to tort, fraud, breach of contract, or any other legal basis, arising out of any engagement to provide professional services, including but not limited to the following:
(a) The providing of attest services as defined in R.S. 37:73(1)(a).
(b) The providing of business or financial advice.
(c) Advice relative to plans or actions to qualify for tax benefits or otherwise reduce the amounts of tax owed.
(d) Advice relative to the structuring of pension or retirement or insurance plans or other employee benefits.
(e) The provision, including design, of computer software for accounting or bookkeeping functions.
(f) Any other advice relative to the conduct of any business whether conducted for profit or not.
(2) "Claimant" means any person having an interest or right to assert a claim, whether for himself or on behalf of another.
(3) "Society" means the Society of Louisiana Certified Public Accountants.
Acts 1997, No. 747, §1; Acts 2006, No. 214, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:102. Review of claims against certified public accountants or firms

RS 37:102 - Review of claims against certified public accountants or firms
A. All claims against certified public accountants or firms, other than claims validly agreed for submission to a lawfully binding arbitration procedure, shall be reviewed by a public accountant review panel established pursuant to R.S. 37:109.
B. Review of a claim by a public accountant review panel shall not take place unless, within the time limitations provided for in R.S. 9:5604, a claimant files with the society a written request for review of the claim and pays to the society a one hundred dollar filing fee to defray the society's administrative costs incurred in performing the duties imposed on it by this Part. The request for review shall set forth the name, surname, and domicile of all claimants and all defendants, shall contain a short, clear, and concise statement of the material facts that give rise to or constitute the claim, and shall designate both a mailing and a physical address for receipt of all notifications concerning the claim.
C. The request for review of the claim under this Section shall be deemed filed on the date it is received, stamped, and certified by the society or on the date of its mailing if it is mailed to the society by certified or registered mail. The society may return unfiled, or refuse to accept, any request for review not accompanied by the filing fee.
Acts 1997, No. 747, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:103. Dismissal of request for review

RS 37:103 - Dismissal of request for review
The society shall dismiss a request for review thirty days after giving notice by certified mail to the claimant or the claimant's attorney if no action has been taken by the claimant or the claimant's attorney to secure the appointment of an attorney chairman for the public accountant review panel within six months from the date the request for review of the claim was filed. The dismissal of the panel shall be in writing and a copy of the dismissal shall be provided by certified mail to the claimant or the claimant's attorney. When a public accountant review panel is so dismissed, the request for review may be refiled only once and only within thirty days from the mailing of the written dismissal.
Acts 1997, No. 747, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:104. Duties of the society

RS 37:104 - Duties of the society
Within fifteen days of the receipt of the request for review, the society shall do the following:
(1) Confirm by mail to the claimant or the claimant's attorney that the filing has been officially received.
(2) Notify all named defendants that a filing has been made against them and a request made for the formation of a public accountant review panel and forward a copy of the request for review to each named defendant at his last and usual place of residence or his office.
(3) Repealed by Acts 1999, No. 611, §1.
Acts 1997, No. 747, §1; Acts 1999, No. 611, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:105. Actions against certified public accountants; review panel required; suspension of prescription

RS 37:105 - Actions against certified public accountants; review panel required; suspension of prescription
A. Except as provided in this Part, no action against a certified public accountant or firm or his insurer may be commenced in any court before the claimant's request for review has been presented to a public accountant review panel established pursuant to this Part and the panel has issued a written opinion. Compliance with the requirements of this Part is not to be deemed optional.
B. A claimant's filing with the society of a written request for review and paying to the society of the one hundred dollar filing fee in accordance with R.S. 37:102(B) shall be deemed that claimant's exercise of his right to seek judicial cognizance of the claim or claims described in the written request for review for purposes of R.S. 9:5604. However, upon receipt by the claimant of the final report of the review panel or upon termination of the review process, there shall be a minimum of ninety days prescription remaining for the claimant to file an action in a court of law on the claim or claims in question, regardless of any statute to the contrary.
Acts 1997, No. 747, §1; Acts 2006, No. 214, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:106. Failure to render a written opinion

RS 37:106 - Failure to render a written opinion
If an opinion is not rendered by the panel within twelve months after the date notification of the selection of the attorney chairman is given the selected attorney and all other parties, pursuant to R.S. 37:109, suit may be instituted against a certified public accountant or firm. However, either party may petition a court of competent jurisdiction for an order extending the twelve-month period for good cause shown. After the twelve-month period or any court-ordered extension thereof, the public accountant review panel established to review the claimant's complaint shall be dissolved without the necessity of obtaining a court order of dissolution.
Acts 1997, No. 747, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:108. Assertion of exceptions or defenses

RS 37:108 - Assertion of exceptions or defenses
A certified public accountant or firm, against whom a claim has been filed under the provisions of this Part, may raise any exception or defense available, pursuant to R.S. 9:5604, in a court of competent jurisdiction and proper venue at any time without the need for completion of the review process by the public accountant review panel. If the court finds that the claim was perempted prior to being filed, the panel, if established, shall be dissolved.
Acts 1997, No. 747, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:109. Public accountant review panel; composition; selection of attorney member

RS 37:109 - Public accountant review panel; composition; selection of attorney member
A. The public accountant review panel shall consist of three certified public accountants, who have held unlimited licenses to practice their profession in Louisiana for ten consecutive years, and one attorney. The parties may agree on the attorney member of the public accountant panel or, if no agreement can be reached, then the society shall notify the office of the clerk of the Louisiana Supreme Court who, upon receipt of notification, shall draw five names at random from the list of attorneys who reside or maintain an office in the parish in which the certified public accountant or firm that is the subject of the request for review maintains its principal place of business. The names of judges, magistrates, district attorneys, and assistant district attorneys shall be excluded if drawn and new names drawn in their place.
B. After selection of the attorney names, the office of the clerk of the Louisiana Supreme Court shall notify the society of the names so selected. It shall be the duty of the society to notify the parties of the attorneys' names from which the parties may choose the attorney member of the panel within five days. If no agreement can be reached within five days, the parties shall immediately initiate a procedure of selecting the attorney by each striking two names alternately, with the claimant striking first and advising the certified public accountant or firm of the name of the attorney so stricken; thereafter, the certified public accountant or firm and the claimant shall alternately strike until both sides have stricken two names and the remaining name shall be the attorney member of the panel. If either the plaintiff or defendant fails to strike, the clerk of the Louisiana Supreme Court shall strike for that party within five additional days. After the striking, the office of the clerk shall notify the attorney and all other parties of the name of the selected attorney.
C. After the selection of the attorney member of the public accountant review panel, each party to the action shall send to the society a deposit of one thousand two hundred fifty dollars to defray the costs of the panel. When there are multiple claimants or defendants, there shall be only one deposit required per side.
Acts 1997, No. 747, §1; Acts 2006, No. 214, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:110. Duties of the attorney of the review panel

RS 37:110 - Duties of the attorney of the review panel
The attorney shall act as chairman of the panel and in an advisory capacity, but shall have no vote. The chairman shall expedite the selection of the other panel members, convene the panel, and expedite the panel's review of the claim. The chairman shall establish a reasonable schedule for submission of evidence to the public accountant review panel, but must allow sufficient time for the parties to make full and adequate presentation of related facts and authorities within ninety days following selection of the panel.
Acts 1997, No. 747, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:111. Selection of certified public accountants to serve on review panel

RS 37:111 - Selection of certified public accountants to serve on review panel
A. The claimant shall notify the attorney chairman, if already selected, and the named defendants of his choice of a certified public accountant member of the public accountant review panel within thirty days after the date of certification of his filing by the society. The named defendant shall then have fifteen days after notification by the plaintiff of the plaintiff's choice of his certified public accountant panelist to name the defendant's certified public accountant panelist.
B. If either the plaintiff or defendant fails to make a selection of a certified public accountant panelist within the time provided, the attorney chairman shall notify by certified mail the failing party to make such selection within five days of the receipt of the notice.
C. If no selection is made within the five-day period, then the chairman shall make the selection on behalf of the failing party. The two certified public accountant review panel members selected by the parties or on their behalf shall be notified by the chairman to select the third certified public accountant panel member within fifteen days after their receipt of such notice.
D. If the two certified public accountant panel members fail to make such selection within the fifteen-day period allowed, the chairman shall then make the selection of the third panel member and thereby complete the panel.
Acts 1997, No. 747, §1; Acts 2006, No. 214, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:112. Qualifications of certified public accountant members of the review panel; selection

RS 37:112 - Qualifications of certified public accountant members of the review panel; selection
A. Except as hereinafter disqualified, all certified public accountants, who hold and have held for ten consecutive years a license to practice public accounting in the state of Louisiana, shall be available for selection. Any certified public accountant who is a partner of, employee of, affiliated with, or has a financial relationship with either a claimant, a defendant, a person contemplated to be called as an expert witness for a claimant or defendant, or an attorney representing a claimant or defendant is disqualified from service as a member of the certified public accountant review panel. Any person having a pecuniary interest in the outcome of the panel's review of the claim is also disqualified.
B. Each party to the action shall have the right to select one certified public accountant.
C. When there are multiple claimants or defendants, there shall be only one certified public accountant selected per side. The claimant, whether single or multiple, shall have the right to select one certified public accountant, and the defendant, whether single or multiple, shall have the right to select one certified public accountant.
D. Service on a public accountant review panel shall not be mandatory. The society shall maintain a list of certified public accountants having the required qualifications who are willing to serve on public accountant review panels. The parties, however, are free to select any certified public accountant having the required qualifications who is willing to serve, whether or not he is on the list maintained by the society.
Acts 1997, No. 747, §1; Acts 2006, No. 214, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:113. Notification of names and addresses of members of review panel; oath

RS 37:113 - Notification of names and addresses of members of review panel; oath
A. Within five days after the public accountant review panel is formed, the chairman shall notify the society and the parties by registered or certified mail of the names and addresses of the panel members and the date on which the last member was selected.
B. Before entering upon their duties, each voting panelist shall subscribe before a notary public the following oath:
"I, (name) do solemnly swear/affirm that I will faithfully perform the duties of a public accountant review panel member to the best of my ability and without partiality or favoritism of any kind. I acknowledge that I represent neither side and that it is my lawful duty to serve with complete impartiality and to render a decision in accordance with law and the evidence."
C. The attorney panel member shall subscribe to the same oath except that in lieu of the last sentence thereof the attorney's oath shall state:
"I acknowledge that I represent neither side and that it is my lawful duty to advise the panel members concerning matters of law and procedure and to serve as chairman."
D. The original of each oath shall be attached to the opinion rendered by the panel.
Acts 1997, No. 747, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:114. Right to request court order requiring compliance

RS 37:114 - Right to request court order requiring compliance
The party aggrieved by the alleged failure or refusal of another to perform according to the provisions of this Section may petition any district court of proper venue over the parties for an order directing that the parties comply with the public accountant review panel provisions of this Part.
Acts 1997, No. 747, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:115. Panelists; prohibited conduct

RS 37:115 - Panelists; prohibited conduct
A panelist shall not discuss with other members of a public accountant review panel on which he serves, or a representative or attorney for any interested party, a claim that is to be reviewed by the panel until all evidence to be considered by the panel has been submitted. A panelist or a representative or attorney for any interested party shall not discuss the pending claim with the claimant or his attorney asserting the claim or with a certified public accountant or firm or his attorney against whom a claim has been asserted under this Part.
Acts 1997, No. 747, §1; Acts 2006, No. 214, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:116. Evidence submitted to review panel

RS 37:116 - Evidence submitted to review panel
A. The evidence to be considered by the public accountant review panel shall be promptly submitted by the respective parties in written form only.
B. The evidence may consist of accounting work papers and any relevant firm or other records, excerpts of treatises, depositions of witnesses and parties, affidavits, and reports of accounting experts, and any other form of evidence allowed by the public accountant review panel.
C. Depositions of the parties and witnesses may be taken prior to convening of the panel.
D. Upon request of any party or of any two panel members, the clerk of any district court shall issue subpoenas and subpoenas duces tecum in aid of the taking of depositions and the production of documentary evidence for inspection and copying.
E. The chairman of the panel shall advise the panel relative to any legal question involved in the review proceeding and shall prepare the opinion of the panel as provided in R.S. 37:119.
F. A copy of the evidence shall be sent to each member of the panel.
Acts 1997, No. 747, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:117. Right to question the review panel

RS 37:117 - Right to question the review panel
After submission of all evidence and upon ten days' notice to the other side, either party may convene the panel at a time and place agreeable to the members of the panel. Either party may question the panel concerning any matters relevant to issues to be decided by the panel before the issuance of its report. The chairman of the panel shall preside at all meetings and meetings shall be informal.
Acts 1997, No. 747, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:118. Right of review panel to procure information

RS 37:118 - Right of review panel to procure information
The panel shall have the right and duty to request and procure all necessary information. The panel may consult with public accounting authorities, provided the names of such authorities are submitted to the parties with a synopsis of their opinions and provided further that the parties may then obtain their testimony by deposition. The panel may examine reports of such other certified public accountants as are necessary to fully inform itself regarding the issue to be decided. Both parties shall have full access to any material submitted to the panel.
Acts 1997, No. 747, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:119. Authority of review panel to express an expert opinion

RS 37:119 - Authority of review panel to express an expert opinion
The panel shall have the sole duty to express its expert opinion as to whether or not the evidence supports the conclusion that the defendant or defendants acted or failed to act within the appropriate standards of care. After reviewing all evidence and after any examination of the panel by counsel representing either party, the panel shall, within thirty days, but no later than one hundred eighty days after the selection of the last panel member, render one or more of the following expert opinions, which shall be in writing and signed by the panelists, together with written reasons for the panel's conclusions:
(1) The evidence supports the conclusion that the defendant or defendants failed to comply with the appropriate standard of care as charged in the request for review.
(2) The evidence does not support the conclusion that the defendant or defendants failed to meet the applicable standard of care as charged in the request for review.
(3) That there is a material issue of fact, not requiring expert opinion, bearing on liability for consideration by the court.
Acts 1997, No. 747, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:120. Admissibility of opinions as evidence; immunity of panelist from liability

RS 37:120 - Admissibility of opinions as evidence; immunity of panelist from liability
Any report of the expert opinion reached by the public accountant review panel shall be admissible as evidence in any action subsequently brought by the claimant in a court of law, but such expert opinion shall not be conclusive and either party shall have the right to call, at his cost, any member of the public accountant review panel as a witness. If called, the witness shall be required to appear and testify but shall be reimbursed for his time at his standard hourly rate by the party calling him. A panelist shall have absolute immunity from civil liability for all communications, findings, opinions, and conclusions made in the course and scope of duties prescribed by this Part.
Acts 1997, No. 747, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:123. Failure of review panel to carry out its duties

RS 37:123 - Failure of review panel to carry out its duties
If the panel after a good faith effort has been unable to carry out its duties by the end of the one-hundred-eighty-day period, as provided in R.S. 37:119, either party or the society, after exhausting all remedies available to them under this Part, may petition the appropriate court of competent jurisdiction for an order to show cause why the panel should not be dissolved and the panelists relieved of their duties. The order shall be mailed by the clerk of court of the parish having jurisdiction to the claimant or his attorney and to the defendant or his attorney by certified mail within five days of its issuance.
Acts 1997, No. 747, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:141. Policy and definitions

RS 37:141 - Policy and definitions
A. In order to safeguard life, health, and property and to promote the public welfare, the practice of architecture in this state is reserved to those persons who have the proper qualifications and have been registered by the board.
B. As used in this Chapter:
(1) "Architect" means a person who is technically and legally qualified to practice architecture.
(2) "Board" means the State Board of Architectural Examiners.
(3) The "practice of architecture" is the rendering or offering of the services specified in this Paragraph in connection with the design, construction, enlargement, or alteration of a building, a group of buildings, or the space within and surrounding buildings which have human occupancy or habitation as their principal purpose. Such services shall include the following: planning; providing preliminary studies, designs, drawings, specifications, and other technical submissions; administration of construction contracts; and the coordination of any element of technical submissions prepared by others, including but not limited to engineers and landscape architects, as appropriate. The practice of architecture shall not include the practice of engineering as defined in R.S. 37:682; however, a registered architect may perform such engineering work as is incidental to the practice of architecture.
C. The definition of the practice of architecture set forth in Paragraph B(3) of this Section may include, but shall not be construed as precluding nonlicensed persons from performing the following services: project development; feasibility studies; planning; energy consumption analysis; and interior design.
Amended by Acts 1958, No. 524, §1; Acts 1964, No. 21, §1; Acts 1972, No. 69, §1; Acts 1983, No. 472, §1; Acts 1988, No. 583, §1; Acts 1995, No. 618, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:143. Term of office

RS 37:143 - Term of office
A. Each member shall serve six years, or until his successor is duly appointed, except the initial educational or regulatory member appointed pursuant to R.S. 37:142(C) shall serve a term of four years and the initial public member appointed pursuant to R.S. 37:142(D) shall serve a term of five years.
B. The board shall advise the governor of the expiration of the term of the board members. All vacancies shall be filled in the same manner as prescribed for new members in R.S. 37:142.
Amended by Acts 1972, No. 69, §1; Acts 2001, No. 231, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:145. Architects; requirements for; certificate; continuing education

RS 37:145 - Architects; requirements for; certificate; continuing education
A. No person shall practice architecture in this state or use the title "architect", or any term derived therefrom, or display or use any title, sign, advertisement, or other device to indicate that such person practices or offers to practice architecture, or renders architectural services, or is an architect, unless such person shall have secured from the board a certificate of registration and license in the manner hereinafter provided, and shall thereafter comply with the provisions of the laws of the state of Louisiana governing the registration and licensing of architects.
B. Persons licensed by the board to practice architecture may, by rule of the board, be required to earn annually up to twelve hours of board-approved continuing education pertaining to building design in connection with public health, safety, or welfare.
Acts 1983, No. 472, §1; Acts 1995, No. 238, §1; Acts 1997, No. 365, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:146. Examination before board; qualifications

RS 37:146 - Examination before board; qualifications
A. Unless previously registered and currently licensed on September 1, 1972, no person shall practice architecture until he has passed an examination approved by the board.
B. For the purpose of qualifying for the examination, the applicant shall present satisfactory evidence to the board that he:
(1) Is of good moral character.
(2) Has paid his debt to society if he has ever been convicted of a felony.
(3) Holds a professional degree from a school whose curriculum has been accredited by the National Architectural Accrediting Board.
(4) Is enrolled in the Intern Development Program administered by the National Council of Architectural Registration Boards.
C. Any applicant not the holder of a first professional degree from a school whose curriculum has been accredited by the National Architectural Accrediting Board may take the examination if he has done all of the following:
(1) Has made formal application for examination to the board prior to April 1, 1984; and
(2) Has completed all of the education equivalency requirements for qualifying for the examination as delineated in the National Council of Architectural Registration Boards' "Circular of Information Number One"; and
(3) Has furnished evidence to the board that he has had practical architectural work experience, requirements for which are delineated by the National Council of Architectural Registration Boards or the board.
D. The board may adopt rules and regulations in accordance with the Administrative Procedure Act governing the approval, selection, administration, participation, and completion of the examination and the Intern Development Program.
Amended by Acts 1964, No. 21, §1; Acts 1972, No. 69, §1. Acts 1983, No. 472, §1; Acts 1988, No. 583, §1; Acts 2008, No. 133, §1, eff. June 6, 2008.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:146.1. Licensing; architecture

RS 37:146.1 - Licensing; architecture
To obtain an initial license to practice architecture in Louisiana, an applicant shall present satisfactory evidence to the board of practical experience of training or experience in the field of architecture. The experience shall be demonstrated only by one of the following:
(1) Satisfactory completion of the training requirements delineated by the National Council of Architectural Registration Boards in the Intern Development Program.
(2) A certificate record certified by the National Council of Architectural Registration Boards that the applicant is currently registered to practice architecture in another state.
Acts 2008, No. 133, §1, eff. June 6, 2008.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:147. Rules governing examinations

RS 37:147 - Rules governing examinations
A. The board will make all necessary rules and regulations governing the time, place, and method of conducting examinations and the grading of them, and prescribe the types of examinations to be given. The examination shall consist of technical and professional subjects that the board may prescribe.
B. Copies of board examinations and answers of applicants shall be maintained for one year. The board examinations and the answers of applicants shall be exempt from disclosure pursuant to the Public Records Law as provided for in R.S. 44:1 et seq.
Acts 1983, No. 472, §1; Acts 1992, No. 274, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:148. Examinations; persons exempt

RS 37:148 - Examinations; persons exempt
A. Upon application and the payment of a fee equivalent to that required for written examination and certificate and upon certification issued by the National Council of Architectural Registration Boards, the board may issue a certificate of registration and license to practice the profession of architecture in this state to any person who has passed a standard National Council of Architectural Registration Boards' examination if such examination is equivalent to that prescribed by the board.
B. The board may review the examination referred to in this section to determine and decide whether the examination is equivalent to that prescribed by the board.
C. The board may also require that the applicant under this section submit other proper evidence of his ability to engage in the practice of architecture and evidence of his continued honorable professional conduct after passing the examination before the National Council of Architectural Registration Boards.
Amended by Acts 1964, No. 21, §1; Acts 1972, No. 69, §1; Acts 1983, No. 472, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:149. Fees

RS 37:149 - Fees
The applicant shall pay the actual cost of the examination. Upon passing all divisions of the examination, a fee to be determined by the board, not to exceed two hundred dollars, shall be charged for issuing a license. A registration fee to be determined by the board, not to exceed five hundred dollars, shall be charged to an individual domiciled outside Louisiana seeking to be registered in Louisiana. A fee to be determined by the board, not to exceed three hundred dollars, shall be charged to any corporation, professional architectural corporation as defined in R.S. 12:1086, architectural-engineering corporation as defined in R.S. 12:1171, or partnership, limited liability partnership, limited liability company, association, sole proprietorship, or other entity seeking to obtain a certificate of authority to practice architecture in Louisiana, unless such entity is exempted from the fee by the board. The board may not increase the fee for issuing a license or a certificate of authority by more than thirty dollars during any three-year period, and the board may not increase the registration fee charged to an individual domiciled outside of Louisiana seeking to be registered in Louisiana by more than fifty dollars during any three-year period.
Amended by Acts 1952, No. 195, §1; Acts 1972, No. 69, §1; Acts 1978, No. 197, §1; Acts 1988, No. 583, §1; Acts 2001, No. 55, §1; Acts 2016, No. 255, §1, eff. May 26, 2016.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:151. Roster of architects to be published annually

RS 37:151 - Roster of architects to be published annually
The board shall publish annually a roster of registered architects with their addresses. This published roster shall be received as evidence in court that the names it contains are duly registered architects of this state as of a specific date on the roster.
Amended by Acts 1958, No. 524, §1; Acts 1972, No. 69, §1.