reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3114. Examination; failure; passage; hearing; prior qualification

RS 37:3114 - Examination; failure; passage; hearing; prior qualification
A. The board shall determine the scope, form, and content of the examinations for licensure which shall be written and shall include questions on Louisiana auction law and sound business practices.
B. The board shall issue a numbered license to an applicant who meets the requirements of this Chapter, passes satisfactorily the examination administered by the board, and pays the fee to be a licensed auctioneer.
C. An applicant failing in an examination may be examined again upon filing a new application and the payment of the reexamination fee fixed by this Chapter.
D. The board within ten days and in writing shall notify any applicant who is denied licensing of the reason therefor. Within thirty days after receipt of notice, such applicant may make written request to the board for a hearing which, if granted, shall be conducted under the Administrative Procedure Act.
E. Repealed by Acts 1984, No. 780, §3.
Added by Acts 1983, No. 508, §5. Acts 1984, No. 780, §3.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3116. Fees

RS 37:3116 - Fees
A. Except as otherwise provided in Subsections B and C of this Section, the board may assess the following schedule of fees:
(1) Application fee - $75.00
(2) Examination fee - $75.00
(3) Reexamination fee - $50.00
(4) Initial license fee for an auctioneer - $150.00
(5) Annual license renewal fee for an auctioneer - $150.00
(6) Restoration fee for a license - $100.00
(7) Replacement fee for a lost, destroyed, or mutilated license - $25.00
(8) Delinquent renewal fee - $75.00
(9) Apprentice fee - $100.00
(10) Annual certification of a licensed auctioneering school or a school offering auctioneering courses - $150.00.
(11) Initial license fee for an auction business - $300.00.
(12) Annual license renewal fee for an auction business - $300.00.
B. The fee for initial licensure or annual renewal of licensure of a nonresident auctioneer licensed or to be licensed by reciprocity pursuant to R.S. 37:3117 shall be the greater of either:
(1) The sum of one hundred fifty dollars.
(2) The amount of such fee assessed an auctioneer licensed in Louisiana for licensure by reciprocity in the licensing jurisdiction of such nonresident auctioneer.
C. The fee for initial licensure or annual renewal of licensure of an auction business owned by a nonresident auctioneer shall be the greater of either:
(1) The sum of three hundred dollars.
(2) The amount of such fee assessed an auction business owned by a Louisiana auctioneer in the licensing jurisdiction of such nonresident auctioneer.
D. All fees shall be paid by certified check or money order made payable to the board and shall not be refundable.
Added by Acts 1983, No. 508, §5; Acts 1984, No. 780, §2; Acts 1986, No. 565, §1, eff. July 2, 1986; Acts 2000, 1st Ex. Sess., No. 126, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3117. Reciprocity; licensure without examination

RS 37:3117 - Reciprocity; licensure without examination
A. A person holding a license to engage in auctions issued to him by a proper authority of a state, territory, or possession of the United States of America or the District of Columbia having licensing requirements comparable to Louisiana and who in the opinion of the board otherwise meets the requirements of this Chapter may upon application be licensed without further examination.
B. Nothing in this Section shall prevent the conduct of an auction in this state by a nonresident auctioneer from another licensing jurisdiction if such auctioneer is duly licensed by such other jurisdiction and the other jurisdiction through reciprocity permits a resident of this state who is an auctioneer duly licensed to conduct auctions in this state to conduct auctions in such other jurisdiction without being required to obtain a license in such other jurisdiction.
C. Notwithstanding any other provision of law to the contrary, no person duly licensed as an auctioneer in any other jurisdiction and temporarily present in this state shall conduct an auction in this state unless he acts in association with an auctioneer duly licensed in this state if the jurisdiction in which the nonresident auctioneer is licensed requires such an association with an auctioneer licensed in that jurisdiction before an auctioneer duly licensed in Louisiana may conduct an auction in that jurisdiction.
D. Every nonresident applicant for a license under this Chapter shall file with the board as part of the application for a license a written irrevocable consent that any cause of action growing out of any transaction subject to this Section may be commenced against the licensee in the proper court of any parish of this state in which the cause of action may arise or in which the plaintiff may reside by a service of process upon the board as the licensee's agent and stipulating and agreeing that such service of process shall be taken and held in all courts to be as valid and binding as if due service has been made upon the person according to the laws of this or any other state. Such instrument shall be in such form and supported by such additional information as the board may by rule require.
Added by Acts 1983, No. 508, §5; Acts 2000, 1st Ex. Sess., No. 126, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3121. Causes for nonissuance, suspension, revocation, or restrictions; fines; reinstatement

RS 37:3121 - Causes for nonissuance, suspension, revocation, or restrictions; fines; reinstatement
A. The board may refuse to issue or may suspend, revoke, or impose probationary or other restrictions on any license issued under this Chapter for any of the following causes:
(1) Conviction of a felony or entry of a plea of guilty or nolo contendere to a felony charge under the laws of the United States of America or of any state.
(2) Deceit or perjury in obtaining any certificate or license issued under this Chapter.
(3) Providing false testimony before the board.
(4) Efforts to deceive or defraud the public.
(5) Incompetency or gross negligence.
(6) Rendering, submitting, subscribing, or verifying false, deceptive, misleading, or unfounded opinions or reports.
(7) The refusal of the licensing authority of another state to issue or renew a license, permit, or certificate in that state or the revocation or suspension of or other restriction imposed on a license, permit, or certificate issued by such licensing authority.
(8) Aiding or abetting a person to evade the provisions of this Chapter or knowingly combining or conspiring with an unlicensed person or acting as an agent, partner, associate or otherwise, of an unlicensed person with intent to evade provisions of this Chapter.
(9) Violation of any provision of this Chapter or any rules or regulations of the board or rules of conduct promulgated by the board.
(10) Indebtedness to the state or to any municipal corporation for any tax as an auctioneer or for any license or commission that he has neglected to pay after final judgment has been rendered against him for it.
(11) Selling goods at an auction before the auctioneer or auction house has first entered into a written contract with the owner or consignor of the goods when the minimum price for such goods has been set or requested at a value above five hundred dollars.
(12) Failing for a period of seven calendar days after notice is given to make good a check which has been returned for insufficient funds (NSF check) or bank draft remitted to the owner or consignor of auctioned goods in settlement pursuant to R.S. 37:3125.
B. The board may require any auctioneer who has been charged with a complaint, or any citizen deemed to have raised a frivolous complaint before the board, to pay all costs of the board proceedings, including investigators', stenographers', and attorneys' fees.
C. Four concurring votes of the board shall be required for the revocation of any license. Four concurring votes shall be required for suspension of any license or the imposition of costs or fines in excess of five hundred dollars.
D. Any certificate or license suspended, revoked, or otherwise restricted by the board may be reinstated by majority vote of the board.
Acts 1983, No. 508, §5; Acts 1986, No. 564, §2, eff. July 2, 1986; Acts 1990, No. 895, §1, eff. Jan. 1, 1991; Acts 1997, No. 923, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3122. Cease and desist order; injunctive relief

RS 37:3122 - Cease and desist order; injunctive relief
A. In addition to or in lieu of the criminal penalties and administrative sanctions provided in this Chapter the board is empowered to issue an order to any person or firm engaged in any activity, conduct, or practice constituting a violation of any provision of this Chapter directing such person or firm to cease and desist from such activity, conduct, or practice. Such order shall be issued in the name of the state of Louisiana under the official seal of the board.
B. Upon a proper showing by the board that such person or firm has engaged in any activity, conduct, or practice proscribed by this Chapter, the court shall issue a temporary restraining order restraining the person or firm from engaging in unlawful activity, conduct, or practices pending the hearing on a preliminary injunction, and in due course a permanent injunction shall issue after hearing commanding the cessation of the unlawful activity, conduct, or practices complained of, all without the necessity of the board having to give bond as usually required in such cases. A temporary restraining order, preliminary injunction, or permanent injunction issued hereunder shall not be subject to being released upon bond.
C. If the person or firm to whom the board directs a cease and desist order does not cease and desist the proscribed activity, conduct, or practice within ten days from service of such cease and desist order by certified mail the board may cause to issue in any court of competent jurisdiction and proper venue a writ of injunction enjoining such person or firm from engaging in any activity, conduct, or practice proscribed by this Chapter.
Added by Acts 1983, No. 508, §5.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3123. Violations; penalties

RS 37:3123 - Violations; penalties
A. Any person who engages in auctions without a valid license violates this Chapter.
B. Any person who violates any provisions of this Chapter or any rules and regulations adopted under its authority shall be fined not more than five hundred dollars or imprisoned not more than six months, or both, for each such violation. Each individual sale or act in connection with the conduct of an auction in violation of any provisions of this Chapter shall constitute a separate offense and violation of this Chapter.
Added by Acts 1983, No. 508, §5. Acts 1986, No. 564, §3, eff. July 2, 1986.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3124. Compensation of auctioneers

RS 37:3124 - Compensation of auctioneers
A.(1) No auctioneer shall demand or receive a higher compensation for his services on judicial sales of immovable property made under order of court than a commission of seven percent on the amount of each adjudication made by him.
(2) On sales of succession property in which minors have an interest, property belonging to minors or in which they have an interest, and of property surrendered by insolvents made pursuant to an order or decree of any court of the state, the auctioneer shall not demand or receive a commission on each adjudication of more than four percent on the first ten thousand dollars and two percent on the excess. However, in cases where minors are interested, these lower rates shall be charged only on their proportionate share of the property, reserving to the auctioneer the right to receive the regular rate on the remainder of the interest involved.
(3) Upon sales of movables, the commission shall not be more than ten percent as to judicial sales.
B. On all sales made by the representative of a succession or syndic or an insolvent, there shall be a commission of no more than two percent.
C.(1) The auctioneer shall include in all advertisements, including but not limited to newspaper, radio, television, and brochures, the amount of any buyer's fee that will be charged.
(2) The auctioneer shall post in writing at the registration desk, in a conspicuous place, the amount of any buyer's fee.
(3) Upon opening an auction, the auctioneer shall verbally announce the amount of any buyer's fee, explain what the fee is, how such fee will be paid, and how the fee will work.
Acts 1986, No. 564, §4, eff. July 2, 1986; Acts 1999, No. 637, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3125. Payments and accounts

RS 37:3125 - Payments and accounts
A. All funds derived from an auction sale paid to an auctioneer licensed in this state or to a person, corporation, firm or combination thereof which conducted the sale, shall be deposited in one or more identifiable bank accounts maintained in the state in which the auctioneer is situated and no funds belonging to the auctioneer shall be deposited therein except as follows:
(1) Funds reasonably sufficient to pay bank charges may be deposited therein.
(2) Funds belonging in part to the person who employs the auctioneer and in part to the auctioneer must be deposited therein, but the portion belonging to the auctioneer may be withdrawn when due unless the right of the auctioneer to receive it is disputed by the person who employs the auctioneer, in which event the disputed portion shall not be withdrawn until the dispute is finally resolved.
B. Every auctioneer shall pay the consignor within thirty days from the receipt of funds, or within sixty days from the date of sale at auction, whichever is lesser,* or alternatively return to the consignor by that time, all property purchased but not yet paid for, except as provided in Paragraph (A)(2) of this Section, and render a full account of all sales and all property entrusted to him for sale by anyone employing his services whenever the owner of such money or property demands an accounting. Each auctioneer, surety on his bond, and auction house shall be liable in solido to the owner of goods thereof for all money and property coming into the auctioneer's hands or the hands of the auction house which is unaccounted for.
Acts 1983, No. 508, §1; Acts 1986, No. 564, §4, eff. July 2, 1986; Acts 1986, No. 566, §1, eff. July 2, 1986; Acts 1993, No. 584, §1; Acts 1997, No. 923, §1.
*As appears in enrolled bill.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3128. Production of mortgage certificates

RS 37:3128 - Production of mortgage certificates
No immovable property shall be sold by public auction without the production and reading by the auctioneer of a certificate of mortgages and encumbrances against the property offered. No such certificate is necessary in extrajudicial sales.
Acts 1986, No. 564, §4, eff. July 2, 1986.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3129. Shills

RS 37:3129 - Shills
A. No person acting as auctioneer shall purchase, either directly or indirectly, any property at a sale made by him except as provided in R.S. 37:3130. Any such sale is null.
B. No person shall act at any auction sale as bidder or what is commonly known as "capper," "booster," or "shill" or place or offer to place any false bids or offer to buy or pretend to buy any property sold or offered for sale by auction.
C. Nothing in this Part shall be construed to prohibit the taking of bids in any auction sale by telephone or by other electronic means.
Acts 1986, No. 564, §4, eff. July 2, 1986; Acts 2003, No. 1111, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3130. Absentee bidder; consignor or property owner; public notice required

RS 37:3130 - Absentee bidder; consignor or property owner; public notice required
Notwithstanding any provision of this Chapter to the contrary, an auctioneer may bid on behalf of an absentee bidder for the protection of a consignor or owner of property sold or offered for sale at an auction. Prior to the commencement of the auction, the auctioneer shall provide public notice of the right and intention of the auctioneer to bid by printing such notice in the auction catalogue, other printed matter on the auction, or any newspaper advertisements publicizing the event or by announcing at the opening of the auction the intention to bid. In addition to the requirement for prior notice of intention of the auctioneer to bid as provided herein, written notice of the intention of the auctioneer to bid at an auction shall be openly displayed on the auction premises during the auction. Failure to provide this notice or to make the announcement shall nullify the sale.
Acts 1986, No. 564, §4, eff. July 2, 1986; Acts 2003, No. 1111, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3131. Property struck off to highest bidder

RS 37:3131 - Property struck off to highest bidder
All property sold at auction shall in all cases be struck off to the highest bidder except such as may be limited. When the owner or any person employed by him is the highest bidder, he is subject to the same duties as if the property had been struck off to any other person.
Acts 1986, No. 564, §4, eff. July 2, 1986.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3132. Representation as to quality and price

RS 37:3132 - Representation as to quality and price
At all such sales by auction any licensee shall at all times truly and correctly represent to the public attending the auction the actual facts in respect to the quality and manufacture of the items being offered for auction. It shall be a violation of this Chapter for any licensee hereunder to place what is popularly known in the trade as fictitious price tags on items sold at any such auction.
Acts 1986, No. 564, §4, eff. July 2, 1986.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3133. Conduct of auction

RS 37:3133 - Conduct of auction
At any auction to be conducted pursuant to this Chapter, the auctioneer, prior to offering the goods for sale, shall announce in a loud, clear voice the identifying inventory number of each article and shall again immediately after it is sold announce its identifying number and state the amount for which the item is sold. No auctioneer shall sell or offer for sale at any such sale by auction any goods, wares, or merchandise that have been falsely described or concerning which any untruthful statement has been made as to the character, quality, kind, description, or cost.
Acts 1986, No. 564, §4, eff. July 2, 1986.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3134. Livestock auctioneers

RS 37:3134 - Livestock auctioneers
The provisions of this Chapter shall not apply to and the board shall not have jurisdiction over auctioneers who are engaged in the auction business exclusively as an employee or agent of a Louisiana livestock market which is regulated by the Louisiana Board of Animal Health and who are registered with that board as required by R.S. 3:571.
Acts 1987, No. 157, §2; Acts 2012, No. 811, §12, eff. July 1, 2012; Acts 2020, No. 306, §3, eff. June 12, 2020.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3140. Statement in proces verbal of manner, time, and place of making advertisement

RS 37:3140 - Statement in proces verbal of manner, time, and place of making advertisement
In all auction sales made by sheriffs, auctioneers, or others authorized to sell at public auction that are required by law to be preceded by advertisement, the officer making the sale in his proces verbal or act of sale shall state the manner, time, and place of making the advertisements. This statement shall be proof of the manner, time, and place of making the advertisement.
Acts 1986, No. 564, §6, eff. July 2, 1986.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3141. Information required in advertisement

RS 37:3141 - Information required in advertisement
Any licensed auctioneer who advertises to hold or conduct an auction shall indicate in such advertisement his name, business addresses, license number, and such other reasonable information as may be required by rule.
Acts 1986, No. 564, §6, eff. July 2, 1986.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3142. Sale as prima facie evidence of legal advertisement

RS 37:3142 - Sale as prima facie evidence of legal advertisement
When any question arises out of any public sale made by any person authorized to sell at public auction and the sale was required by law to be preceded by advertisements, the sale being proved, shall be prima facie evidence that the legal advertisements were regularly made.
Acts 1986, No. 564, §6, eff. July 2, 1986.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3143. Failure to advertise; liability for damages

RS 37:3143 - Failure to advertise; liability for damages
If any person authorized by law to sell at public auction fails to advertise as required by law he shall be personally liable for all damages which result therefrom and shall be subject to the discipline of the Louisiana Auctioneers Licensing Board.
Acts 1986, No. 564, §6, eff. July 2, 1986; Acts 1997, No. 923, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3144. Repealed by Acts 2000, 1st Ex. Sess., No. 126, §2, eff. January 1, 2001.

RS 37:3144 - Repealed by Acts 2000, 1st Ex. Sess., No. 126, §2, eff. January 1, 2001.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3145. Repealed by Acts 2000, 1st Ex. Sess., No. 126, §2, eff. January 1, 2001.

RS 37:3145 - Repealed by Acts 2000, 1st Ex. Sess., No. 126, §2, eff. January 1, 2001.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3146. Repealed by Acts 2000, 1st Ex. Sess., No. 126, §2, eff. January 1, 2001.

RS 37:3146 - Repealed by Acts 2000, 1st Ex. Sess., No. 126, §2, eff. January 1, 2001.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3147. Repealed by Acts 2000, 1st Ex. Sess., No. 126, §2, eff. January 1, 2001.

RS 37:3147 - Repealed by Acts 2000, 1st Ex. Sess., No. 126, §2, eff. January 1, 2001.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3148. Repealed by Acts 2000, 1st Ex. Sess., No. 126, §2, eff. January 1, 2001.

RS 37:3148 - Repealed by Acts 2000, 1st Ex. Sess., No. 126, §2, eff. January 1, 2001.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3152. Board of Certification and Training; membership; meetings; compensation

RS 37:3152 - Board of Certification and Training; membership; meetings; compensation
A. The secretary shall appoint a Solid Waste Management System Operators Board of Certification and Training to establish a program of certification, recertification, and training programs for solid waste facility operators.
B. The board shall consist of the following members, all of whom shall be Louisiana residents, whose terms will commence when appointed by the secretary:
(1) Three representatives from parish government as nominated by the Police Jury Association of Louisiana.
(2) Three representatives from municipal government as nominated by the Louisiana Municipal Association.
(3) Two representatives from the solid waste disposal industry.
(4) One representative from a state organization representing the American Public Works Association, the Governmental Refuse Collection and Disposal Association, or the National Solid Waste Management Association.
(5) One ex officio member designated by the secretary to represent the Department of Environmental Quality.
C. Except for the ex officio member, all members of the board shall be certified under the provisions of this Chapter.
D. Each member of the board, with the exception of the ex officio member from the Department of Environmental Quality, shall be appointed for a three-year term except for the initial appointments which shall be for terms of one, two, or three years so that not more than three appointments will expire in any one year.
E. Whenever a vacancy occurs on the board, either due to the expiration of the term of appointment, resignation, or other reason, the secretary shall appoint a successor of like qualifications. In the case of a vacancy occurring prior to the expiration of a full term appointment, the successor shall be appointed for the remainder of the term only. No members of the board shall be appointed for more than two consecutive terms.
F. The board shall select from its membership a chairman and such officers as may be needed to conduct business. Six members shall constitute a quorum.
G. The board shall meet following each testing of certification candidates to conduct its business. Additional meetings may be called by the board to carry out the provisions of this Chapter.
H. The appointed board members shall serve without pay. Actual expenses incidental to meetings, examinations, and other activities essential to carry out the provisions of this Chapter shall be reimbursed to the members. The principal domicile of the board shall be that of the Department of Environmental Quality.
Added by Acts 1983, No. 543, §1. Amended by Acts 1984, No. 514, §1, eff. July 6, 1984.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3153. Examinations

RS 37:3153 - Examinations
The board shall hold not fewer than four examinations per year for the two years following the effective date of this Chapter for the purpose of examining candidates for certification. After the initial two-year period, the board shall hold not fewer than two examinations per year.
Added by Acts 1983, No. 543, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3154. Board of Certification and Training; powers and duties; certificates; revocation and suspension

RS 37:3154 - Board of Certification and Training; powers and duties; certificates; revocation and suspension
The Board of Certification and Training shall have the following powers and duties:
(1) To establish a certification program for operators of solid waste disposal facilities which accommodate residential and commercial solid waste.
(2) To develop policies related to certification and training of candidates to meet appropriate certification requirements.
(3) To establish standards and requirements for continuing training.
(4) To maintain records.
(5) To adopt rules of procedure and policies required in performing its obligations, adopted in conformity with the Louisiana Administrative Procedure Act.
(6) To certify operators for minimum competency based on adopted criteria.
(7) To recertify operators based upon the submission of satisfactory evidence of continuing training meeting the requirements and standards established by the board.
(8) To revoke an operator's certificate, if it determines that the operator has practiced fraud or deception, has been significantly negligent in applying reasonable care, judgment, knowledge, or ability in the performance of his duties, or has become incompetent or unable to perform his duties in a proper manner.
(9) To immediately suspend, upon submission of evidence of probable cause sufficient for revocation of certification, an operator's certificate if such action is deemed necessary to protect the public health or the environment. Any operator whose certificate is so suspended shall be granted a hearing before the board within thirty days of such suspension. Any operator whose certificate has been revoked by the board may appeal in accordance with the Louisiana Administrative Procedure Act.
(10) To establish appropriate fees for examination, training, and certification to be paid by the applicant.
(11) To establish classes of certificates needed to adequately reflect the various types of solid waste management systems and facilities and to carry out the provisions of this Chapter.
Added by Acts 1983, No. 543, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3155. Classification of facilities

RS 37:3155 - Classification of facilities
A. Within one hundred twenty days of effective date of this Chapter, the board shall classify and list all nonhazardous solid waste disposal facilities which accommodate residential and commercial solid waste. The list shall include sanitary landfills, open dumps, and landfarming operations. Thereafter, the board may classify and list other solid waste management facilities including, but not limited to incinerators and transfer stations. Every classified facility shall have one or more certified operators as prescribed by this Chapter and the rules and regulations promulgated under its provisions.
B. From time to time additional solid waste management facilities may be classified by the board, and it may require that these facilities be operated by certified operators. The board shall establish such times for certification.
Added by Acts 1983, No. 543, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3156. Violations; operation without certification

RS 37:3156 - Violations; operation without certification
A. On or after four years following the effective date of this Chapter, it shall be unlawful for any person, firm, or corporation to operate a solid waste disposal facility which has been classified by the board unless the board duly certifies the competency of the operator under the provisions of this Chapter. Furthermore, it shall be unlawful for any person to perform the duties of an operator, as defined herein, without being duly certified under the provisions of this Chapter.
B. Certificates shall be prominently displayed at the operators facility. Failure to do so shall be a violation of this Chapter.
Added by Acts 1983, No. 543, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3157. Operator training

RS 37:3157 - Operator training
During the four years following the effective date of this Chapter, the board shall provide or establish what the appropriate training will be for all individuals who are required to obtain certification under the provisions of this Chapter. The board shall define, promote, and provide continuing training as required for recertification. If continuing training is not reasonably available within the state of Louisiana, the requirement to obtain training may be waived, on a case by case basis.
Added by Acts 1983, No. 543, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3158. Required training for certified operators

RS 37:3158 - Required training for certified operators
A. In order to retain certification an operator must participate in continuing training of not fewer than ten contact training hours per year or forty hours per four-year period.
B. More than one certification held by an operator for a specific type of solid waste management facility shall be considered as one certification for the purposes of this Section provided that the certification is not conditional as defined by R.S. 37:3160(B).
C. Such training required must meet the standards and requirements as approved by the board.
Added by Acts 1983, No. 543, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3159. Classes of certificates; terms and renewals

RS 37:3159 - Classes of certificates; terms and renewals
A. Certificates shall be either regular or conditional. A regular certificate shall allow an operator to operate any facility or system of the type for which the certificate is issued. A conditional certificate shall allow an operator to operate only the facility or system at which he is employed at the time of certification.
B. Operator certificates shall be valid for a period of four years. Recertification of an operator shall not be granted unless the operator has obtained continuing training as provided for by this Chapter.
C. Certification shall continue in effect as long as renewal fees are paid, continuing training requirements are met, and the certificate is not suspended or revoked by the board.
Added by Acts 1983, No. 543, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3160. Certification of present practitioners

RS 37:3160 - Certification of present practitioners
A. All operators employed in responsible charge of a classified solid waste management facility on the effective date of this Chapter or on the date their facility is classified, whichever is later, shall be granted a certificate under the following conditions:
(1) That application for certification is made to the board within one year of the classification of the system or facility; and
(2) That the applicant attends the operator training provided by the board and takes the examination conducted by the board. A passing score shall not be necessary for the applicant to receive a regular certificate; or
(3) That the applicant does not attend the training provided, but does take and pass the examination for certification.
B. Any applicant not qualifying for a regular certificate but qualifying for certification under R.S. 37:3160(A)(2) shall be granted a conditional certification which is valid only for the system or facility in which the operator is employed, for the conditions of operation existing on the effective date of this Chapter, or for the classification of the facility or system. Conditional certificates shall be recertified in the same manner as regular certificates if the continuing training requirements are met.
C. Any person appointed to replace or succeed a regularly certified operator after the effective date of this Chapter may be issued a conditional certificate upon application to the board and payment of the same fees as specified for regular certificates. The terms of a conditional certificate shall not exceed one year. Within one year of the date of receipt of the conditional certificate the person must pass the examination for a regular certificate. If the examination is passed, the person may be issued an additional conditional certificate, prior to meeting other requirements for a regular certificate.
Added by Acts 1983, No. 543, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3161. Qualification by reciprocity

RS 37:3161 - Qualification by reciprocity
The board may issue a certificate without examination in a comparable operator classification to any person who holds a certificate in any state, territory, or possession of the United States or any country, provided the requirements for certification of operators under which the person's certificate was issued do not conflict with the provisions of this Chapter, are of a standard not lower than that specified by regulations adopted under this Chapter, and reciprocal privileges are granted by said state, territory, or possession to certified operators of this state.
Added by Acts 1983, No. 543, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3171. Statement of purpose

RS 37:3171 - Statement of purpose
The intent of the legislature in licensing and regulating interior designers is to exercise the police power of the state to protect the public health, safety, and welfare of the people of this state by limiting the practice of interior design to interior designers who have the design education and training required by this Chapter or to persons who are otherwise exempted from the provisions of this Chapter by establishing a board to set rules and criteria for licensing to protect the public from those not competent, and by prescribing penalties for violations.
Acts 1990, No. 846, §1; Acts 1995, No. 496, §1; Acts 1997, No. 877, §1; Acts 1999, No. 426, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3174. Powers and authority of the board

RS 37:3174 - Powers and authority of the board
The board shall have the following powers and authority:
(1) To enforce the provisions of this Chapter and incur such expenses as are necessary within the operating budget of the board.
(2) To adopt and promulgate rules of organization, practice, and procedure; establish criteria for eligibility for licensing; and to provide for the taking of examinations.
(3) To adopt, promulgate, and enforce rules and regulations governing the standards of education, service, conduct, and practice of persons licensed under this Chapter.
(4) To maintain an official roster showing the name, license number, and address of each interior designer licensed under this Chapter and in good standing.
(5) To employ an executive director, legal counsel, and such other assistants and clerical staff and other employees as it deems necessary.
Acts 1984, No. 227, §2, eff. June 29, 1984; Acts 1990, No. 846, §1.
{{NOTE: SEE SECTION 3 OF ACT 227 OF THE 1984 R.S.}}
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3175. Compensation and expenses

RS 37:3175 - Compensation and expenses
A. Members of the board shall receive no compensation for their services but shall receive the same per diem and mileage as is provided by law for the members of the legislature. The board shall not meet more than eight times within any calendar year.
B. The board shall fix the compensation of its employees by resolution adopted at a regular meeting.
Acts 1984, No. 227, §2, eff. June 29, 1984; Acts 1990, No. 846, §1.
NOTE: SEE SECTION 3 OF ACT 227 OF THE 1984 R.S.}}
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3176. Use of term "interior designer"; practice of interior design

RS 37:3176 - Use of term "interior designer"; practice of interior design
A.(1) No person other than one registered pursuant to the provisions of this Chapter shall perform interior design or use the term "interior design" or "registered interior designer" to describe his business or practice, or use or be identified by the title of interior designer.
(2) The practice of interior design shall consist of rendering or offering to render interior design services for a fee or compensation.
(3) No person other than one registered as an interior designer pursuant to the provisions of this Chapter shall be authorized to use the term "registered interior designer".
B. Nothing contained in this Chapter shall prevent any person from rendering or offering to render any of the services which are decorator services, provided that such person shall not be permitted to use or be identified by the title "interior designer" or "registered interior designer" on any sign, card, stationery, device, or any other means of identification unless registered in accordance with this Chapter or otherwise provided by law.
Acts 1984, No. 227, §2, eff. June 29, 1984; Acts 1990, No. 846, §1; Acts 1995, No. 496, §1; Acts 1997, No. 877, §1; Acts 1999, No. 426, §1.
{{NOTE: See Section 3 of Act 227 of the 1984 R.S.}}
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3177. Examinations

RS 37:3177 - Examinations
A.(1) A person desiring to be registered as an interior designer shall apply to the board for registration. Each applicant shall apply to the board on a form and in the manner prescribed by the board. To be eligible for the examination, an applicant shall submit satisfactory evidence of having successfully completed at least four years of study at the high school level, and in addition meets at least one of the following requirements:
(a) Is a graduate from an interior design program of five years or more and has completed one year of interior design experience.
(b) Is a graduate from an interior design program of four years or more and has completed two years of interior design experience.
(c) Has completed at least three years in an interior design curriculum and has completed three years of interior design experience.
(d) Is a graduate from an interior design program of at least two years and has completed four years of interior design experience.
(2) All such education shall have been obtained in a program, school, or college of interior design accredited by the Foundation for Interior Design Education Research or in an unaccredited program, school, or college of interior design approved by the board. The board shall adopt rules providing for the review and approval of unaccredited programs, schools, and colleges of interior design, and courses of interior design study based on a review and inspection by the board of the curriculum of accredited programs, schools, and colleges of interior design in the United States, including those programs, schools, and colleges accredited by the Foundation for Interior Design Education Research. The board shall adopt rules providing for the review and approval of interior design experience required by this Subsection.
B. The examination shall cover such subjects and be graded on such basis as the board shall establish by rule. The board may adopt all or part of the examination and recommended grading procedures of the National Council for Interior Design Qualification.
Acts 1990, No. 846, §1; Acts 1999, No. 426, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3178. Certificate of registration without examination.

RS 37:3178 - Certificate of registration without examination.
A.(1) All persons registered or licensed to use the title "interior designer", "registered interior designer", or "licensed interior designer" on January 1, 2000, shall be qualified for interior design registration under the provisions of this Chapter upon application to the board, provided that their license is not inactive, expired, suspended, or revoked.
(2) Any person licensed on January 1, 2000, who has not passed the required examination by January 1, 2003, shall show completion of one of the following prior to having the certificate of registration renewed:
(a) Passage of the building and barrier free code section of the National Council for Interior Design Qualification examination.
(b)(i) Completion of fifteen hours of board-approved continuing education classes relating to building and barrier free code regulation.
(ii) Any hour earned for continuing education pursuant to this Section shall be in addition to any other continuing education required by this Chapter.
(iii) However, any person who has within the three years prior to January 1, 2000, completed fifteen hours of approved continuing education on building and barrier free code regulation shall not be required to complete the fifteen hours of continuing education related to building and barrier free code regulation as provided in this Subparagraph.
(3) Prior to January 1, 2000, or until he completes the requirements of this Section, the interior designer may retain the title "licensed interior designer" and retain all rights and duties granted to registered interior designers, conditioned upon the licensed interior designer complying with all requirements of this Chapter.
B. All persons who are sixty-five years of age or older and who are authorized to use the term "licensed interior design" on January 1, 2000, shall not be required to establish proof of passage of the required examination or to otherwise comply with the provisions of Subsection A of this Section. However, such persons shall comply with all other requirements of this Chapter.
Acts 1999, No. 426, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3179.2. Seals; display of registration number

RS 37:3179.2 - Seals; display of registration number
A. The board shall prescribe, by rule, distinctively different seals to be used by registered interior designers holding valid certificates of registration.
B. Each interior designer shall obtain a seal as prescribed by the board. Any drawing, plan, specification, or report prepared or issued by the interior designer and being filed for public record shall bear the signature, registration number, and seal of the interior designer who prepared or approved the document and the date on which they were sealed. The signature, date, and seal shall be evidence of the authenticity of the document.
C. No interior designer shall affix, or permit to be affixed, his registration number, his seal or signature to any plan, specification, drawing, or other document which depicts work which he is not competent or licensed to perform.
D. No interior designer shall affix his signature, registration number, or seal to any plan, specification, or other document which was not prepared by him or under his responsible supervising control or by another interior designer and reviewed, approved, or modified and adopted by him as his own work according to rules adopted by the board.
E. Studies, drawings, specifications, and other related documents prepared by an interior designer in providing interior design services shall be of a sufficiently high standard to clearly and accurately indicate all essential parts of the work to which they refer.
F. When the certificate of registration of an interior designer has been revoked or suspended by the board, the interior designer shall surrender his seal to the secretary of the board within a period of thirty days after the revocation or suspension has become effective. If the certificate of registration of the interior designer has been suspended for a period of time, his seal shall be returned to him upon expiration of the suspension period.
G. Any interior designer who advertises his services through any medium, including but not limited to advertising in newspapers, magazines or on television, and to stationery and business cards, shall indicate in such advertisement his name, business addresses, registration number and such other reasonable information as may be required by rule.
Acts 1995, No. 496, §1; Acts 1997, No. 877, §1; Acts 1999, No. 426, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:3180. Firm practice

RS 37:3180 - Firm practice
A. Nothing in this Chapter shall prevent an interior designer registered pursuant to the provisions of this Chapter from associating with one or more interior designers, architects, professional engineers, landscape architects, surveyors, or other persons in a partnership, joint venture, or corporation.
B. A firm shall be permitted to use in its title the term interior designer and to be so identified on any sign, card, stationery, device, or other means of identification if at least one partner, director, officer, or other supervisory agent of such firm is registered as an interior designer in this state. A firm shall not be required to include the names of all partners, directors, or officers in its title.
Acts 1984, No. 227, §2, eff. June 29, 1984; Acts 1990, No. 846, §3; Acts 1995, No. 496, §1; Acts 1999, No. 426, §1.
{{NOTE: See Section 3 of Act 227, of the 1984 R.S.}}