reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:652. Proper naming; certification on shipping cases; time for selling; exceptions; sale and storage in homes prohibited

RS 51:652 - Proper naming; certification on shipping cases; time for selling; exceptions; sale and storage in homes prohibited
A. No permissible articles of consumer fireworks enumerated in R.S. 51:651 shall be sold, offered for sale, or used in the state of Louisiana, unless such fireworks are properly named to conform to the nomenclature of R.S. 51:651 and certified on all shipping cases and by imprinting on the article or retail container "United States Department of Transportation UN0336, 1.4G, 1.4S, or consumer fireworks". Such imprint shall be of sufficient size and so positioned as to be readily recognized by law enforcement authorities and the general public.
B. Permissible items of fireworks, enumerated in R.S. 51:651, may be sold at retail only from noon June sixteenth through midnight July fifth and noon December fifteenth through midnight January first of each calendar year.
C. Fireworks shall not be sold or stored for future sale at any inhabited dwelling, house, apartment, or other structure used in whole or in part as a home or place of abode by any person or persons.
Acts 1958, No. 63, §§2, 3; Amended by Acts 1981, No. 928, §1; Acts 1987, No. 401, §1, eff. Jan. 1, 1988; Acts 2001, No. 667, §1, eff. June 25, 2001; Acts 2015, No. 67, §1; Acts 2018, No. 211, §1, eff. May 15, 2018.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:653. Storing and displaying of fireworks

RS 51:653 - Storing and displaying of fireworks
A. The placing, storing, locating or displaying of fireworks in any place where the sun may shine through glass, which is not tinted, onto the fireworks is prohibited. The presence of lighted cigars, cigarettes, or pipes within ten feet of where the fireworks are offered for sale is prohibited. At all places where fireworks are stored or sold there shall be signs posted with the words "Fireworks ...... No Smoking" in letters not less than four inches high.
B. The physical facility such as a fireworks stand, retail fast food outlet, or any other similar facility where fireworks are sold, offered for sale, or stored shall be located not less than fifty feet from any facility or mechanism where inflammable liquids are dispensed or stored above ground or where paint, oil, varnish, resin, turpentine, or other inflammable substances which may generate inflammable vapors are used, stored, or sold. No fireworks shall be exploded within seventy-five feet of any facility or mechanism where inflammable liquids are dispensed or stored above ground or within seventy-five feet of any location where fireworks are stored, sold, or offered for sale.
C. No open flame heating devices shall be permitted in any location where fireworks are sold at retail.
D. No sleeping shall be permitted in a facility where fireworks are sold, offered for sale, or stored.
E. There shall be a minimum of one unobstructed exit in any place where fireworks are sold at retail or offered for sale at retail or stored.
F. In any retail outlet except those that sell only fireworks, no fireworks shall be stored, displayed, or offered for sale within ten feet of any required exit unless the fireworks are stored or contained within a container which will resist fire from any outside source.
G. A facility for the sale at retail or storage of fireworks shall be located not less than twenty-five feet from a public roadway and shall not in any case be located on any public right of way.
H. The wiring in any facility for the sale at retail or storage of fireworks shall be in compliance with the National Electrical Code.
I. Any facility for the sale at retail or storage of fireworks shall have available one serviceable fire extinguisher in accordance with the regulation of the National Fire Protection Association and Louisiana Administrative Code 17-4:21.
Acts 1958, No. 63, §4. Acts 1984, No. 918, §1, eff. July 20, 1984; Acts 2001, No. 667, §1, eff. June 25, 2001.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:654. Sales to children under fifteen or to intoxicated or irresponsible persons prohibited; unlawful discharge; minimum age for employee; penalties

RS 51:654 - Sales to children under fifteen or to intoxicated or irresponsible persons prohibited; unlawful discharge; minimum age for employee; penalties
A. No person shall offer to sell or sell fireworks to a child known to be under the age of fifteen years or to any person known to be intoxicated or any person known to be irresponsible.
B. No person shall explode or ignite fireworks within one thousand feet of any church, hospital, asylum, school, public building, or fireworks retail location.
C. No person shall ignite or discharge fireworks in a motor vehicle or throw fireworks from a motor vehicle. Whoever violates this Subsection shall be fined five hundred dollars or imprisoned for not more than six months, or both.
D. No person shall place an ignited article of fireworks in or throw an ignited article of fireworks at a motor vehicle. Whoever violates this Subsection shall be fined five hundred dollars or imprisoned for not more than six months, or both.
E. No minor under the age of seventeen shall be employed in a facility where fireworks are sold at retail without complying with the regulations of the Louisiana Workforce Commission. The minor shall be subject to the restrictions placed on the number of hours of employment permitted minors by the Louisiana Workforce Commission.
Acts 1958, No. 63, §5. Acts 1984, No. 918, §1, eff. July 20, 1984; Acts 1992, No. 447, §4; Acts 2001, No. 667, §1, eff. June 25, 2001; Acts 2008, No. 743, §7, eff. July 1, 2008.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:657. Persons and uses excepted

RS 51:657 - Persons and uses excepted
Nothing in this Part shall be construed as applying to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation or of illuminating devices for photographic use, nor as prohibiting the sale or use of blank cartridges for ceremonial, theatrical, or athletic events.
Acts 1958, No. 63, §9. Amended by Acts 1962, No. 456, §2.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:658. Penalties

RS 51:658 - Penalties
A.(1) No manufacturer, assembler, distributor, importer, jobber, or retailer shall operate within the state of Louisiana without proper permit.
(2) A person found operating within the state of Louisiana without a proper permit shall immediately cease the sale of fireworks upon the lawful order of the state fire marshal, a certified local authority of the fire marshal, or any local law enforcement official until such time as an application for permit has been made to the state fire marshal as required in R.S. 51:656 and subsequently granted. The application for a retail permit shall be notarized and shall attest that each location on the application is situated in a jurisdiction which allows legal retail fireworks sales, that no open flame heating devices are located at any listed location, that there are no facilities for sleeping and sleeping is not allowed in any listed location, and that no listed location is used for residential purposes or for other than the purpose of making retail sales of fireworks. Violation by transmission of a false statement or false representation of any information required by this Paragraph may be prosecuted pursuant to R.S. 14:125 and shall be the basis for revocation of all permits held by the applicant.
(3) The refusal of any person to cease sales and obtain a permit or the failure of any person to comply with a lawful order of the state fire marshal, a certified local authority of the fire marshal, or any local law enforcement official, may be cause for the seizure of any merchandise and equipment of the person found in violation at any physical location. Those items seized shall be retained until otherwise directed by a court of competent jurisdiction. If the state fire marshal, a certified local authority of the fire marshal, or a local law enforcement official is not otherwise ordered by a court of competent jurisdiction within ninety days of the date of seizure to return the items seized, then the state fire marshal, certified local authority, or local law enforcement official may destroy or dispose of the seized items in such a manner which, in their discretion, they deem suitable in order to protect the public safety.
B. A person who violates any provision of this Part, with the exception of the penalties specifically imposed herein, shall upon conviction be subject to a fine of not more than ten thousand dollars or imprisonment for not more than six months, or both. Each day's violation constitutes a separate offense and may be punished as such at the discretion of the court. Each separate physical location in violation of this Part also constitutes a separate offense and may be punished as such at the discretion of the court.
Acts 1958, No. 63, §10; Amended by Acts 1962, No. 456, §2. Acts 1984, No. 918, §1, eff. July 20, 1984; Acts 1987, No. 401, §1, eff. Jan. 1, 1988; Acts 2003, No. 398, §2; Acts 2012, No. 10, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:659. Local licensing by parish or municipality

RS 51:659 - Local licensing by parish or municipality
The governing authority of a parish or municipality is authorized to require and issue local licenses to retailers, similar to permits issued by the state fire marshal, and may charge and collect fees not in excess of the fees authorized for collection by the state fire marshal pursuant to this Part. However, any parish or municipality which on January 1, 1984, was charging a fee in excess of the fee authorized by this Section shall be permitted to continue to charge and collect such fee.
Acts 1958, No. 63, §11. Acts 1984, No. 918, §1, eff. July 20, 1984; Acts 1985, No. 612, §1, eff. July 16, 1985.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:660. Local governing authorities; regulation or prohibition of sale, use, and possession of pyrotechnics or fireworks

RS 51:660 - Local governing authorities; regulation or prohibition of sale, use, and possession of pyrotechnics or fireworks
The governing authority of a parish or municipality is hereby authorized to regulate or prohibit the sale, use, and possession of pyrotechnics commonly known as fireworks in conformity with the provisions of this Part.
Added by Acts 1981, No. 98, §3, eff. July 1, 1981. Acts 1984, No. 918, §1, eff. July 20, 1984.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:661. Definitions

RS 51:661 - Definitions
As used in this Part:
(1) "Sell," "sold," "buy" and "purchase" include exchange, barter, gift, and offer to contract to sell or buy.
(2) "Manufacturer" means any person who is engaged, either directly or indirectly, in the manufacture of motor vehicles.
(3) "Wholesale distributor" means any person engaged, directly or indirectly, in the sale or distribution of motor vehicles to agents or dealers.
(4) "Dealer" means any person who is engaged in, or who intends to engage in the business of selling motor vehicles at retail in this state. "Dealer" also includes "retail agent."
(5) "Finance company or finance agency" means any person engaged in the business of financing the sale of motor vehicles, or engaged in the business of purchasing or acquiring promissory notes, either secured by vendor's privilege or chattel mortgage, arising from the sale of motor vehicles in this state.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:662. Finance company or agency; designation of by manufacturer or wholesaler in contract with dealer prohibited; completion of sale

RS 51:662 - Finance company or agency; designation of by manufacturer or wholesaler in contract with dealer prohibited; completion of sale
A. No manufacturer or wholesale distributor of motor vehicles shall sell or contract for the sale of motor vehicles to any motor vehicle dealer on the condition or with the agreement, expressed or implied, that the dealer shall finance the purchase or sale of motor vehicles only through a designated finance company or finance agency. Any such condition or agreement shall be void.
B. When an order for a motor vehicle is placed by a dealer in accordance with the current price bulletin and accepted by the manufacturer or wholesale distributor for the subsequent shipment and delivery to the dealer and the vehicle is for a private retail customer who orders the vehicle prior to the dealer's receipt of an official written price increase notification, the manufacturer or wholesale distributor shall not increase the price of the vehicle. A sales contract signed by the retail customer and binding upon both parties shall constitute conclusive evidence of the order. To be included under the price protection of this Subsection, the vehicle must be delivered to the retail customer who signed the sales contract.
C. When an order for motor vehicles is placed by a dealer in accordance with the current price bulletin for the subsequent shipment and delivery to the dealer and the vehicles are not for a private retail customer pursuant to Subsection B of this Section, the manufacturer shall notify the dealer of any price increases in the ordered vehicles. The manufacturer shall have the right to deliver the vehicles at the price that prevailed when the order was placed and shall give the dealer the right to accept all of the vehicles that were ordered. The dealer shall have the obligation of accepting all vehicles ordered at the price that prevailed when the vehicles were ordered and shall have the option of accepting the vehicles at the increased price or may cancel the order in whole or in part.
Amended by Acts 1981, No. 807, §1; Acts 1983, No. 599, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:663. Threats; prima facie evidence of violation

RS 51:663 - Threats; prima facie evidence of violation
If any manufacturer or wholesale distributor on authority of any such manufacturer threatens to discontinue to sell, or terminate a contract to sell motor vehicles to the dealer unless the dealer finances the purchase or sale of motor vehicles only through a designated finance company or finance agency, that threat shall be prima facie evidence that the manufacturer or wholesale distributor has sold, or intends to sell motor vehicles, on the condition or with the agreement prohibited in R.S. 51:662.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:664. Finance company or agent; subsidies or discrimination by manufacturer or wholesaler prohibited

RS 51:664 - Finance company or agent; subsidies or discrimination by manufacturer or wholesaler prohibited
No manufacturer or wholesale distributor shall pay or give a subsidy to any finance company or finance agency, or discriminate against or in favor of any finance company or finance agency. No finance company or finance agency shall accept any subsidy or the benefit of any discrimination.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:665. Violation; injunction; forfeiture of corporate charter and privileges

RS 51:665 - Violation; injunction; forfeiture of corporate charter and privileges
The district courts have jurisdiction to grant injunctions restraining violations of this Part upon proceedings brought by the Attorney General, the district attorney or any party in interest. The procedure shall be by petition and citation as in other causes and the court has power to issue such temporary restraining orders as may be just in the premises. Where necessary, the court may subpoena parties residing out of the parish in order to properly dispose of the case. For repeated violations of this Part, the court may enjoin a finance company or finance agency from engaging in the business of financing the purchase or sale of motor vehicles in this state.
Where the violator is a corporation, domestic or foreign, the charter rights, franchises or privileges of such corporation or the privilege of doing business in this state may be revoked in a quo warranto proceeding brought by the Attorney General or the district attorney for the district. In such proceeding, the court shall enter an order or decree that it thinks proper to carry into effect the provisions of this Part and to prevent unfair competition and prohibit monopolies.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:691. Sale prohibited; exemptions

RS 51:691 - Sale prohibited; exemptions
Except as provided in this Part, no goods, wares, or merchandise manufactured, in whole or in part, out of leather, iron, textiles, lumber, or vegetable fiber, by convicts or prisoners, except convicts or prisoners on parole or probation, in Louisiana or in any state or district of the United States, shall be sold, or offered for sale in this state, by any person or by any state or political subdivision thereof. Nothing in this Part forbids the sale, exchange, or distribution of such goods to any institution supported in whole or in part by funds derived from public taxation and operated under the supervision of the United States, Louisiana, or any other state of the Union, or any political subdivision thereof.
Acts 1999, No. 741, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:692.1. Sale on the open market prohibited

RS 51:692.1 - Sale on the open market prohibited
It shall be unlawful for the Department of Public Safety and Corrections to sell or offer for sale on the open market of this state any articles, goods, wares, or merchandise produced, manufactured, or mined, wholly or in part, in this or any other state by convicts and prisoners of this state or any other state, except convicts and prisoners on parole or probation.
Acts 1950, No. 350, §1; Acts 1999, No. 741, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:692.2. Definition

RS 51:692.2 - Definition
The words "open market", as used in R.S. 51:692.1 through 51:692.10, shall mean all sales or exchanges conducted or transacted through the medium of stores, shops, sales agents or agencies, whether retail or wholesale, or in any manner to the consuming public.
Acts 1950, No. 350, §2.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:692.3. Exemptions

RS 51:692.3 - Exemptions
For the purposes of this Part, the provisions of R.S. 51:692.1, relating to the sale on the open market, shall not include the following:
(1) The sale or exchange of any articles, goods, wares, and merchandise produced, manufactured, or mined by the Department of Public Safety and Corrections with and from labor of inmates thereof, to or with any department, institution, agency, or political subdivision of the state and any penal, charitable, reformatory, or custodial institutions, the major portion of whose maintenance is contributed by this state or any of the political subdivisions thereof for the use or consumption of said institution, or for the use or consumption of the population therein contained.
(2) The sale of any articles, goods, wares, and merchandise produced, manufactured, or mined by the Department of Public Safety and Corrections with and from labor of inmates thereof to a private, nonprofit, tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code.
(3) The sale of goods or products manufactured in a certified Private Sector/Prison Industry Enhancement Program as provided for in 18 U.S.C. 1761.
Acts 1950, No. 350, §3; Acts 1999, No. 741, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:692.4. §§692.4 to 692.10 Repealed by Acts 1983, 1st Ex. Sess., No. 59, §3, eff. Feb. 7, 1983.

RS 51:692.4 - §§692.4 to 692.10 Repealed by Acts 1983, 1st Ex. Sess., No. 59, §3, eff. Feb. 7, 1983.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:710.1. Commissioner of securities; power to assess civil monetary penalties

RS 51:710.1 - Commissioner of securities; power to assess civil monetary penalties
The commissioner, upon notice of opportunity for hearing as provided for in R.S. 51:716, has the right to assess a civil monetary penalty against any issuer, broker-dealer, agent, investment adviser or investment adviser representative, or any other person who violates this Part or any rule, regulation, or order of the commissioner, up to a maximum of five thousand dollars per violation, plus the costs of investigation and prosecution.
Acts 2006, No. 361, §1, eff. June 13, 2006; Acts 2018, No. 73, §1, eff. May 10, 2018.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:710.2. Public records; confidentiality

RS 51:710.2 - Public records; confidentiality
A. Notwithstanding the provisions of R.S. 6:103 and except as otherwise provided in Subsection B of this Section, records obtained by the commissioner or filed under this Part, including a record contained in or filed with a registration statement, application, notice filing, report, the Central Registration Depository or the Investment Adviser Registration Depository, are public records and are available for public inspection.
B. The following records are not public records and are not available for public inspection under Subsection A of this Section:
(1) A report of examination prepared by the commissioner.
(2) A record obtained by the commissioner in connection with an examination or an investigation under this Part.
(3) A part of a record filed in connection with a registration statement or a record that contains trade secrets or confidential information if the person filing the registration statement or report has asserted a claim of confidentiality or privilege that is authorized by law, upon concurrence by the commissioner.
(4) A record that is not required to be provided to the commissioner or filed under this Part and is provided to the commissioner only on the condition that the record will not be subject to public inspection or disclosure on the written request of the party supplying the record, upon concurrence by the commissioner.
(5) A nonpublic record received from a federal securities regulatory agency, a self regulatory organization, or a state or foreign securities regulatory agency.
(6) Any date of birth, social security number, residential address unless used as a business address, and residential telephone number unless used as a business telephone number, contained in a record that is filed.
C. If disclosure is for the purpose of a civil, administrative, or criminal investigation, action, or proceeding or to a person specified as a state, federal or foreign securities administrator, the commissioner may disclose a record obtained in connection with an examination or investigation under this Part.
Acts 2006, No. 464, §1, eff. June 15, 2006.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:713. Stop orders and injunctions against violations; receivers or auditors; criminal prosecutions

RS 51:713 - Stop orders and injunctions against violations; receivers or auditors; criminal prosecutions
A. Whenever it may appear to the commissioner, either upon complaint or otherwise, that any person has engaged in or is engaging in or is about to engage in any act or practice or transaction which is prohibited by this Part or by any rule, regulation, or order of the commissioner promulgated or issued pursuant to any Section of this Part, or which is declared to be unlawful under this Part, the commissioner may, at his discretion, act under any or all of the following Paragraphs:
(1) Issue an order, if he deems it to be appropriate in the public interest or for the protection of investors, prohibiting such person from continuing such act, practice, or transaction, subject to the right of such person to a hearing as provided in R.S. 51:716.
(2) Apply to any judicial district court in this state for an injunction restraining such person and his agents, employees, partners, officers, and directors from continuing such act, practice, or transaction or engaging therein or doing any acts in furtherance thereof and for appointment of a receiver or an auditor and such other and further relief as the facts may warrant.
(3) Transmit such evidence as may be available concerning such act, practice, or transaction to any district attorney or to the attorney general, who may, at his individual discretion, institute the necessary criminal proceedings.
B. In any proceedings for an injunction, the commissioner may apply for and be entitled to have issued the court's subpoena requiring:
(1) The appearance forthwith of any defendant and his agents, employees, partners, officers, or directors.
(2) The production of such documents, books, and records as may appear necessary for the hearing upon the petition for an injunction. Upon proof of any of the offenses described in this Section, the court may grant such injunction and appoint a receiver or an auditor and issue such other orders for the protection of investors as the facts may warrant.
C. In any criminal proceeding either the district attorney or the attorney general or both may apply for and be entitled to have issued the court's subpoena requiring:
(1) The appearance forthwith of any defendant or his agents, employees, partners, officers, or directors.
(2) The production of such documents, books, and records as may appear necessary for the prosecution of such criminal proceedings.
Acts 1985, No. 722, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:715. Venue of civil or criminal actions

RS 51:715 - Venue of civil or criminal actions
For the purposes of venue for any civil or criminal action under this Part, any violation of this Part or of any rule, regulation, or order promulgated under this Part shall be considered to have been committed in any parish in which any act was performed in furtherance of the transaction which violated the Part, in the parish of any violator's principal place of business in this state, in the parish of the issuer's principal place of business in this state, and in any parish in which any violator had control or possession of any proceeds of the violation or of any books, records, documents, or other material or objects which were used in furtherance of the violation.
Acts 1985, No. 722, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:716. Notice of opportunity for hearing; conduct of hearing; issuance of orders

RS 51:716 - Notice of opportunity for hearing; conduct of hearing; issuance of orders
A. Where the commissioner has issued any order forbidding the sale of securities under R.S. 51:707, he shall promptly send to the issuer of such securities and to all persons who have registered such securities a notice of opportunity for hearing. Before entering an order refusing to register any person under R.S. 51:703, and after the entering of any order for revocation or suspension, the commissioner shall promptly send to such person and, if such person is a salesman to the dealer who employs or proposes to employ such salesman a notice of opportunity for hearing. Hearings shall be conducted pursuant to this Section by the commissioner.
B. The notice and hearing shall be had in the manner prescribed therefor in the Administrative Procedure Act.
C. If the commissioner does not receive a request for a hearing within the prescribed time, he may permit an order previously entered to remain in effect or he may enter a proposed order. If a hearing is requested and conducted as provided in this Section, the commissioner shall within thirty days after the conclusion of the hearing:
(1) Set forth his written findings with respect to the matters involved; and
(2) Enter an order in accordance with his findings.
Acts 1985, No. 722, §1; Acts 1989, No. 30, §1, eff. June 15, 1989.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:717. Appeals

RS 51:717 - Appeals
An appeal may be taken by any person interested from any final order of the commissioner to the Nineteenth Judicial District Court by filing a petition therein against the commissioner, officially as defendant, within twenty days after notice of the entry of such order and stating in said petition the grounds upon which a reversal of such final order is sought. Such petition may be accompanied by a demand upon the commissioner for a certified transcript of the record and of all papers on file in his office affecting or relating to such order and such demand may be granted by the court and an order may be issued by the court ordering the production of a transcript of such records upon the furnishing of bond by the plaintiff with good and sufficient security, to be approved by the court, conditioned upon the faithful prosecution of such action to final judgment and upon the payment of all costs including costs of making such transcript. Thereupon, the commissioner shall within ten days make, certify and file with the clerk of said court such a transcript, or, in lieu thereof, the original papers if the court shall so order. Such suit shall be given precedence by the court over all matters pending in said court. The court shall receive and consider the evidence, both oral and documentary concerning the order of the commissioner objected to by the plaintiff. If the order of the commissioner shall be reversed, the court shall enter such judgment, order, and decree as the equities and exigencies may require, directing the commissioner as to his further action in the matter, including the making and entering of any order or orders in connection therewith, and the conditions, limitations, and restrictions to be therein contained, provided that the commissioner shall not thereby be barred from thereafter revoking or altering such order for any proper cause which may thereafter accrue or be discovered. If said order shall be affirmed, said plaintiff shall not be barred after thirty days from filing a new application, provided such new application is not otherwise barred or limited. The court shall not in any wise suspend the operation of any order of the commissioner during the pendency of the action. Mere technical irregularities in the procedure of the commissioner shall be disregarded and the burden shall rest on the plaintiff to prove his rights to a reversal of the order of the commissioner. A devolutive appeal may be taken from the judgment of the district court on the same terms and conditions as an appeal is taken in other civil actions.
Acts 1985, No. 722, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:718. Consent to substituted service of process or pleadings; manner of service

RS 51:718 - Consent to substituted service of process or pleadings; manner of service
Where a consent to service of process is required under this Part, such consent to service of process shall be in the form prescribed by the commissioner, shall be irrevocable, and shall provide that actions arising out of or founded upon the sale of any securities in violation of this Part may be commenced against the person executing such consent in any court of competent jurisdiction and proper venue within this state by the service of process or pleadings upon the commissioner. Service of any such process or pleadings in any such action against a person who has filed a consent to service with the commissioner shall, if made on the commissioner, be by duplicate copies, one of which shall be filed in the office of the commissioner and the other shall immediately be forwarded by the commissioner by registered or certified mail or by commercial courier as defined in R.S. 13:3204(D), when the person to be served is located outside of this state to the person against whom such process or pleadings are directed at his latest address on file in the office of the commissioner.
Acts 1985, No. 722, §1; Acts 1999, No. 395, §6.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:719. Waiver of rights under chapter or rules and regulations void

RS 51:719 - Waiver of rights under chapter or rules and regulations void
Any condition, stipulation, or provision binding any person acquiring any security to waive:
(1) Compliance with any provision of this Part or of the rules and regulations promulgated under this Part;
(2) Any rights provided by this Part or by the rules and regulations promulgated under this Part; or
(3) Any defenses arising under this Part or under the rules and regulations promulgated under this Part shall be void.
Acts 1985, No. 722, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:720. Immunity of commissioner from suit

RS 51:720 - Immunity of commissioner from suit
For any action taken or any proceeding had under this Part or under color of law, the commissioner shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this state would be immune.
Acts 1985, No. 722, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:721. Burden of proving exemption; certificate of compliance or noncompliance as evidence; admissibility of copies of records

RS 51:721 - Burden of proving exemption; certificate of compliance or noncompliance as evidence; admissibility of copies of records
A. In any action, civil or criminal, where a defense is based upon any exemption provided for in this Part, the burden of proving the existence of the exemption shall be upon the party raising such defense.
B. In any action, civil or criminal, a certificate signed and sealed by the commissioner, stating compliance or non-compliance with this Part, shall constitute prima facie evidence of such compliance or non-compliance with this Part and shall be admissible in any such action.
C. In any action, civil or criminal, copies, photostatic or otherwise, certified by the commissioner of any documents filed in his office and of any of his records shall be admissible with the same effect as the original of such documents or records would have if actually produced.
D. Any person claiming the right to register any securities by notification under R.S. 51:705 shall also have the burden of establishing the right so to register such securities.
Acts 1985, No. 722, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:722. Savings provisions as to prior law

RS 51:722 - Savings provisions as to prior law
A. Prior law exclusively governs all suits, actions, prosecutions, or proceedings which are pending or may be initiated on the basis of facts or circumstances occurring under prior law except that no civil suit or action may be maintained to enforce any liability under prior law unless brought within any period of limitation which applied when the cause of action accrued.
B. All effective registrations under prior law, all administrative orders relating to such registrations, and all conditions imposed upon such registrations remain in effect so long as they would have remained in effect if this Part had not become effective. They are considered to have been filed, entered, or imposed under this Part but are governed by prior law.
Acts 1985, No. 722, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:723. Violations; penalties; institution of criminal proceedings

RS 51:723 - Violations; penalties; institution of criminal proceedings
A. Any person who willfully violates any provision of this Part shall be guilty of a felony and upon conviction shall be punished by a fine of not more than ten thousand dollars or by imprisonment at hard labor for not more than five years, or by both fine and imprisonment. In addition to these penalties, the court may order the person convicted of the violation to pay restitution to any victim of the violation. Each violation of this Part shall constitute a separate offense.
B. Any person who willfully violates any rule or order of the commissioner, authorized under this Part, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than five hundred dollars, or by imprisonment for not more than six months, or by both such fine and imprisonment, but no person may be imprisoned for violation of any rule or order of which that person did not have actual knowledge. In addition to these penalties, the court may order the person convicted of the violation to pay restitution to any victim of the violation. Each violation of this Part shall constitute a separate offense.
C. No dealer or salesman shall make any statement or representation not authorized by the issuer, or any statement or representation at variance with or not reasonably predicated upon the statements and documents filed by the issuer in the office of the commissioner.
D. No person shall sign any statement, list, inventory, balance sheet, or other paper or document required by any provision of this Part to be verified or sworn to, knowing any representation therein contained to be false, misleading, or untrue, and the depositing of any such statement or document in the office of the commissioner shall be deemed prima facie evidence of knowledge of the falsity thereof or of any representation therein contained and of the willful signing of such statement or document.
E. The commissioner may refer such evidence as is available concerning violations of this Part or of any rule or order hereunder to the appropriate prosecuting attorney, who may, with or without such a reference, institute the appropriate criminal proceedings under this Part.
Acts 1985, No. 722, §1; Acts 2008, No. 149, §2.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:724. Fees and expenses

RS 51:724 - Fees and expenses
All fees and charges payable under the provisions of this Part and rules promulgated thereunder, shall be collected by the commissioner, shall be nonrefundable and shall be immediately transmitted by him to the state treasurer.
Acts 1985, No. 722, §1; Acts 1986, No. 465, §1, eff. July 1, 1986; Acts 2006, No. 544, §1, eff. June 22, 2006.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:732. Definitions

RS 51:732 - Definitions
As used in this Part the following terms have the respective meanings, unless the context clearly indicates otherwise:
(1) "Adult protection agency" means:
(a) The office of elderly affairs in the office of the governor, for any individual sixty years of age or older in need of adult protective services.
(b) The Louisiana Department of Health for any individual between the ages of eighteen and fifty-nine in need of adult protective services.
(2) "Dealer" shall have the same meaning as provided in R.S. 51:702.
(3) "Eligible adult" means:
(a) A person sixty years of age or older.
(b) A person subject to the Adult Protective Services Act, R.S. 15:1501 et seq.
(4) "Financial exploitation" means:
(a) The wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or property of an eligible adult.
(b) Any act or omission taken by a person, including through the use of a power of attorney, act of procuration, contract of mandate, or letters of curatorship, guardianship, or conservatorship of an eligible adult, to do any of the following:
(i) Obtain control, through deception, intimidation, or undue influence over an eligible adult's assets or property to deprive the eligible adult of the ownership, use, benefit, or possession of the eligible adult's money, assets, or property.
(ii) Convert money, assets, or property of the eligible adult to deprive such eligible adult of the ownership, use, benefit, or possession of the eligible adult's money, assets, or property.
(5) "Investment advisor" shall have the same meaning as provided in R.S. 51:702.
(6) "Investment advisor representative" shall have the same meaning as provided in R.S. 51:702.
(7) "Qualified individual" means any salesman, investment advisor representative, or person who serves in a supervisory, compliance, or other legal capacity for a dealer or investment advisor.
(8) "Salesman" shall have the same meaning as set forth in R.S. 51:702.
Acts 2016, No. 580, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:733. Actions and immunities

RS 51:733 - Actions and immunities
A. If a qualified individual reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted, or is being attempted, the qualified individual may notify the appropriate adult protection agency and the commissioner of securities.
B. A qualified individual who, in good faith and exercising reasonable care, makes a disclosure of information pursuant to this Section shall be immune from administrative or civil liability that might otherwise arise from such disclosure or for any failure to notify the customer of the disclosure.
Acts 2016, No. 580, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:734. Third-party disclosures and immunity

RS 51:734 - Third-party disclosures and immunity
A. If a qualified individual reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted, or is being attempted, a qualified individual may notify any third party previously designated in writing by the eligible adult or any other person permitted under existing law, rules, regulations, or customer agreement.
B. Disclosure shall not be made to any designated third party who is suspected of financial exploitation or other abuse of the eligible adult.
C. A qualified individual who, in good faith and exercising reasonable care, complies with this Section shall be immune from any administrative or civil liability that might arise from such disclosure.
Acts 2016, No. 580, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:735. Delaying disbursements and immunity

RS 51:735 - Delaying disbursements and immunity
A. A dealer or investment advisor may delay disbursement from an account of an eligible adult or an account on which an eligible adult is a beneficiary, if all of the following conditions are met:
(1) The dealer, investment advisor, or qualified individual reasonably believes, after initiating an internal review of the requested disbursement and the suspected financial exploitation, that the requested disbursement may result in financial exploitation of an eligible adult.
(2) The dealer or investment advisor meets at least one of the following criteria:
(a) Immediately, but in no event more than two business days after the requested disbursement, provide written notification of the delay and the reason for the delay to all parties authorized to transact business on the account, unless any such party is reasonably believed to have engaged in suspected or attempted financial exploitation of the eligible adult.
(b) Immediately, but in no event more than two business days after the requested disbursement, notify the adult protection agency and the commissioner of securities.
(c) Continue internal review of the suspected or attempted financial exploitation of the eligible adult, as necessary, and report the investigation results to the adult protection agency and the commissioner of securities within seven business days after the requested disbursement.
B. Unless a court or the commissioner enters an order extending the refusal of disbursement or providing any other applicable protective relief, any delay of a disbursement as authorized by this Section will expire upon the sooner of the following:
(1) A determination by the dealer or investment advisor that the disbursement will not result in financial exploitation of the eligible adult.
(2) Fifteen business days after the date on which the dealer or investment advisor first delayed disbursement of the funds, unless either an adult protection agency or the commissioner of securities requests that the dealer or investment advisor extend the delay to no more than twenty-five business days after the date on which the dealer or investment advisor first delayed disbursement of the funds, unless sooner termination by the dealer or investment advisor or an order by a court of competent jurisdiction.
C. A court of competent jurisdiction may enter an order extending the delay of the disbursement of funds or may order other protective measures based on the petition of the commissioner of securities, adult protective services, the dealer, or other interested party.
D. A dealer, investment advisor, or qualified individual who, in good faith and exercising reasonable care, complies with this Section shall be immune from any administrative or civil liability that might otherwise arise from such delay in a disbursement.
Acts 2016, No. 580, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:736. Receipt of notice and immunity

RS 51:736 - Receipt of notice and immunity
No claim may be brought against the adult protection agency, commissioner of securities, office of financial institutions, or the state of Louisiana in connection with receipt or response to any notice of financial exploitation.
Acts 2016, No. 580, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:737. Records

RS 51:737 - Records
A. A dealer or investment advisor shall provide access to or copies of records that are relevant to the suspected or attempted financial exploitation of an eligible adult to an adult protection agency, commissioner of securities, and to law enforcement, either as part of a referral to the agency or to law enforcement, or upon request of the agency or law enforcement pursuant to an investigation.
B. The records may include historical records as well as records relating to the most recent transaction or transactions that may comprise financial exploitation of an eligible adult.
C. All records made available under this Section shall be kept strictly confidential under applicable statutory authority of the commissioner of securities or adult protection agency.
D. Nothing in this Section shall limit or otherwise impede the authority of the commissioner of securities to access or examine the books and records of dealers and investment advisors as otherwise provided by law.
Acts 2016, No. 580, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:738. Rulemaking

RS 51:738 - Rulemaking
The commissioner of securities shall have the power to make such rules and regulations in accordance with the Administrative Procedure Act as he may deem necessary to carry out the provisions of this Title, including the use of a senior-specific certification or designation.
Acts 2016, No. 580, §1, eff. Jan. 1, 2017.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:761. Manufacturers; stamping of certain information on boot or shoe required

RS 51:761 - Manufacturers; stamping of certain information on boot or shoe required
No person shall use in manufacturing any boot or shoe, a counter, heel, in-sole, out-sole, middle-sole or slip-sole, made in whole or in part of leather-board, straw-board, leatheroid, fibre-board, horn-fibre, pate or any other substitute for leather, without clearly, legibly, and in the English language, stamping with a metal die and in plain view, upon the outside of the out-sole of the boot or shoe, where and by whom such boot or shoe was made and what substitute for leather, if any, has been used; and in the same way designating each part where the substitute has been used, whether in the counter, heel, in-sole, middle-sole or slip-sole.