reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LV - Plumbers › Chapter 10 - Continuing Professional Education Programs › Section LV-1003 - Water Supply Protection Specialists Recertification Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Effective
				January 1, 2015, in addition to the yearly renewal of their endorsement, every
				three years all persons holding a water supply protection specialist
				endorsement issued by the Louisiana State Plumbing Board are required to show
				proof of attendance at a board-approved industry related recertification
				program compliant with the guidelines of the American Society of Sanitary
				Engineers (ASSE)
Series 5000
as defined in
				§313.
				D Such recertification shall satisfy the
				endorsees obligation to maintain continuing professional education relative to
				a water supply protection specialist endorsement, but shall not diminish or
				affect endorsees obligation to fulfill continuing professional education
				requirements for journeyman or master plumbing licenses or medical gas
				installer or verifier endorsements, if applicable.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1366(I).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LV - Plumbers › Chapter 10 - Continuing Professional Education Programs › Section LV-1005 - Medical Gas Piping Installers and Medical Gas Verifiers

Current through Register Vol. 50, No. 6, June 20, 2024
A. CPE Requirement
1. Effective January 1, 2016, in addition to
				the yearly renewal of their license, all persons seeking to renew a medical as
				piping installer or medical gas verifier license issued by the Louisiana State
				Plumbing Board are required to show proof of attendance at a board-approved
				industry related recertification program, every NFPA 99 code cycle, compliant
				with the guidelines of the American Society of Sanitary Engineering
				International (ASSE)
Professional Qualification Standards Series
				6000/6010 for Medical Gas Systems Installers
or
6030 for
				Medical Gas Systems Verifiers
or its equivalent as defined in
				§304 and
				§315 Such
				recertification shall satisfy the endorsees obligation to maintain continuing
				professional education relative to the medical gas systems installer and
				medical gas systems verifier, but shall not diminish or affect licensees
				obligation to fulfill continuing professional education requirements for
				journeyman or master plumbing licenses or water supply protection specialist
				endorsement, if applicable.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LV - Plumbers › Chapter 10 - Continuing Professional Education Programs › Section LV-1007 - Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. The provisions
				of this Chapter shall become effective on January 1, 2006, subject to
				continuance of this date by the Louisiana State Plumbing Board, as noticed in
				the
Louisiana Register.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1366(I).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVI - Polygraph › Chapter 1 - Continuing Education Requirements › Section LVI-101 - Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each certified
				polygraphist shall comply with the following continuing education requirements.
1. Beginning January 1, 1995, and thereafter,
				each holder of a certificate issued by the Louisiana State Polygraph Board
				shall be required to obtain at least 20 continuing education credits during a
				period of two consecutive calendar years.
2. Any holder of a certificate issued by the
				board is exempt from the requirement of continuing education for the calendar
				year in which the certification is initially issued.
3. Credit hours shall be granted as follows:
a. attendance at a seminar conducted by the
				board or its representative (hour for hour);
b. attendance at other seminars of
				professional conferences in which the subject matter is substantially related
				to the polygraph industry (hour for hour);
c. completion of college courses approved by
				the board in which the subject matter is substantially related to the polygraph
				industry (eight hours per semester hour);
d. presentation of a polygraph-related paper
				for a seminar or conference (five hours per paper presented);
e. publication of a polygraph-related paper
				in a board-recognized professional journal (20 hours per paper);
f. other polygraph-related educational
				programs approved by the board (hour for hour).
4. Each certificate holder shall provide the
				board secretary with proof of credit hours indicating topic, number of hours
				and date of program.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 1 - Organizational and General Provisions › Section LVII-101 - Duties of Chairperson and Vice Chairperson

Current through Register Vol. 50, No. 6, June 20, 2024
A. The chairperson (chair) of the Board of
				Private Investigator Examiners (board) shall exercise general supervision of
				the board's affairs, shall preside at all meetings when present, shall appoint
				the committees within the board and shall perform all other duties pertaining
				to the office as deemed necessary and appropriate.
B. The vice chairperson shall perform the
				duties of the chair in his absence or such other duties as may be assigned by
				the chair.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3505(B)(1).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 1 - Organizational and General Provisions › Section LVII-103 - Duties of Executive Director

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The executive director shall be the chief administrative officer and shall
				serve at the pleasure of the board.
B. Subject to the supervision of and
				direction of the board, the executive director shall:
1. act as the board's recording and
				corresponding secretary and shall have custody and maintain the records of the
				board;
2. cause written minutes of
				every meeting to be taken and maintained;
3. arrange the order of business of all
				meetings and notify all persons who are to appear at such meeting;
4. act as treasurer and receive and deposit
				all funds, and keep the records and books of account of the board's financial
				affairs;
5. attest all itemized
				vouchers for payment of expenses of the board;
6. prepare such reports to the governor and
				legislature as required for by law or as requested by same;
7. keep the board's seal and affix it to such
				instruments and matters that require attest and approval of the board;
				and
8. perform such other duties as
				directed by the board.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 1 - Organizational and General Provisions › Section LVII-105 - Meetings of the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. Meetings
				shall be announced and held in accordance with the Administrative Procedure
				Act, R.S.
				49:950 et seq. A quorum to transact any
				business of the board shall be not less than four of its members.
B. The executive director shall give a
				written notice to all interested members of the public who make a timely
				request for notice of any board meeting.
C. Minutes of meetings will be made available
				upon written request to the board, and a monetary fee will be assessed in
				accordance with Division of Administration rules and regulations governing
				public records of any individual or company requesting such minutes.
D. Each board member shall have one vote on
				all matters before the board. Proxy voting is not allowed. A majority vote of
				the members at any meeting shall be required for any board actions.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3505(B)(1).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 1 - Organizational and General Provisions › Section LVII-107 - Official Seal; Use of State Seal Prohibited

Current through Register Vol. 50, No. 6, June 20, 2024
A. The official seal of the board consists of
				the Louisiana state seal with the title of the board in the outer
				circle.
B. No person or licensee
				shall use any facsimile reproduction or pictorial portion of the seal of the
				state of Louisiana on any badge, credentials, identification card or other
				means of identification used in connection with any activity regulated under
				this Part.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3505(B)(1).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 1 - Organizational and General Provisions › Section LVII-109 - Committees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Standing
				committees of the board are:
1. General
				Committee, whose duties include special projects as authorized by the chair;
				and
2. Finance Committee, whose
				duties include periodic review of the budget, recommendations regarding the
				establishment of fees charged by the board, and recommendations to the board
				regarding all expenditures in excess of $500.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 1 - Organizational and General Provisions › Section LVII-111 - Complaints

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any complaint to
				the board must be in writing, signed by the individual making said complaint,
				and include an appropriate means by which to contact said individual for
				investigative purposes.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3505(B)(1).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 1 - Organizational and General Provisions › Section LVII-113 - Public Comments at Board Meetings

Current through Register Vol. 50, No. 6, June 20, 2024
A. A public comment period shall be held at
				or near the beginning of each board meeting. Persons desiring to present public
				comments shall notify the board chairman or the executive director no later
				than the beginning of the meeting. However, to assure that an opportunity is
				afforded all persons who desire to make public comments, the chairman shall
				inquire at the beginning of the meeting if there are additional persons who
				wish to comment. The chairman shall allot the time available for the public
				comments in an equitable manner among those persons desiring to comment,
				limiting each person to a maximum of three minutes, with the total comment
				period not to exceed 30 minutes. Each person making public comments shall
				identify himself and the group, organization or company he represents, if
				any.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:5(D).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 3 - Additional Definitions › Section LVII-301 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to
				the definitions set forth in
				R.S.
				37:3503, the following terms shall have the
				meanings ascribed, unless the context clearly requires otherwise.
Branch Manager
- the individual having prima
				  facie responsibility and liability for a branch office.
Branch Office
- a separate office which is
				  part of a company licensed by the Board of Private Investigator
				  Examiners.
Personal Service
- on any person, when
				  required, may be made by the board mailing, by certified or registered mail, to
				  the person's last known address.
Qualifying Agent
- a responsible officer or
				  executive employee of an investigative company.
Rule
- any agency statement of general
				  applicability that implements, interprets, or prescribes law or policy, or
				  describes the procedure or practice requirements of the board. It does not
				  include statements concerning only the internal management or organization and
				  not affecting private rights or procedures.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3505(B)(1).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 5 - Application, Licensing, Training, Registration and Fees › Section LVII-501 - Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall
				issue a two-part application.
1. Part I shall
				be designated for investigative agencies; and
2. Part II shall be designated for individual
				investigators.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 5 - Application, Licensing, Training, Registration and Fees › Section LVII-503 - License Renewal

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition
				to the requirements for licensing renewal set forth in
				R.S.
				37:3517, applicants for licensing renewal
				shall be required to submit a certification to the board that the applicant for
				license renewal has not been convicted of a felony during the past year. The
				fee notice sent out for licensing renewal shall contain this
				certification.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3505(B)(1).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 5 - Application, Licensing, Training, Registration and Fees › Section LVII-505 - Requests for Approval of Training Classes

Current through Register Vol. 50, No. 6, June 20, 2024
A. A qualified school may be approved to
				conduct 40-hour training classes required for licensing by submitting a letter
				of request for approval by the board. The request shall include the following:
1. name and location of school;
2. owner of school;
3. copy of occupational license;
4. list of course of study;
5. name, address, profession and educational
				and investigative experience of each instructor teaching a private
				investigation course; and
6. a
				notarized statement that each instructor has a minimum of three years
				supervisory experience with a contract investigator company or proprietary
				investigator organization.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 5 - Application, Licensing, Training, Registration and Fees › Section LVII-507 - Licensure Examinations

Current through Register Vol. 50, No. 6, June 20, 2024
A. To be
				licensed, an applicant must pass a written examination, unless exempt by the
				grandfather clause, state statute or board resolution. The passing grade of the
				examination shall be as established by the board.
B. A person who has not successfully passed
				the examination can reapply to take the examination twice within a 12-month
				period. If, after two attempts, the individual has not successfully passed the
				examination as required, appropriate board action will be taken.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3505(B)(1).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 5 - Application, Licensing, Training, Registration and Fees › Section LVII-509 - Form and Term of License

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Licenses, when issued, shall be in the form of a wall certificate no larger
				than 8 1/2 inches by 11 inches in size. The certificate shall contain the
				following information:
1. name of licensee
				and/or agency name under whose authority the license is granted;
2. addresses of the agency location(s) (main
				office and branch offices) responsible for licensee;
3. number of license;
4. date of issue;
5. date of expiration (to be issued every
				year and may be affixed to certificate in lieu of issuing a new
				certificate);
6. the official state
				insignia;
7. agency and qualifying
				agent if licensee;
8. private
				investigator and agency under whose authority he is assigned;
9. signature of executive director;
10. signature of chairman of the board;
				and
11. the official Board of
				Private Investigator Examiners' seal.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 5 - Application, Licensing, Training, Registration and Fees › Section LVII-510 - Licensing of Journeyman

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Definition
Journeyman License
- an individual license
				  authorizing the individual to provide contract private investigator services to
				  any agency licensed by the Board of Private Investigator Examiners.
B. Journeyman Qualifications. A journeyman
				applicant shall meet the same qualifications as an individual license holder
				and shall have successfully completed the 40 hour basic private investigators
				course and subsequent examination.
C. Journeyman License Standards. A journeyman
				license holder shall maintain a job log concerning each investigation they
				perform. The job log shall contain the following items:
1. name of managing agency;
2. reference;
3. dates investigations were
				performed;
4. total number of hours
				worked during the investigation.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 5 - Application, Licensing, Training, Registration and Fees › Section LVII-511 - Licensing of Out of State Companies

Current through Register Vol. 50, No. 6, June 20, 2024
A. Companies wishing to do business in
				Louisiana must either incorporate here or be duly qualified to do business
				within this state with a valid certificate of authority issued by the secretary
				of state and shall have an agent for service of process designated, as required
				by law.
B. Out of state companies,
				or individuals wishing to do business in Louisiana, who satisfied all the
				licensing requirements outlined by
				R.S.
				37:3507, may do so without examination if the
				state under which it holds a valid license has licensing requirements
				comparable to those of Louisiana. Verification of satisfactory completion of
				such other state's examination must be submitted to the board. If the
				out-of-state company or individual is licensed by a state that does not have
				licensing requirements comparable to those of Louisiana, then the company or
				individual must satisfy all the licensing requirements outlined in
				R.S.
				37:3507.
C. Fees for out-of-state companies are the
				same as for in-state companies except that an out-of-state company shall be
				required to pay the board for the cost of transportation, lodging, and meals at
				the Louisiana state rate when an examination of records is performed if those
				records are kept out-of-state.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3505(B)(1).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 5 - Application, Licensing, Training, Registration and Fees › Section LVII-512 - Licensing of Apprentices

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				licensed agency with its principal place of business in the state of Louisiana
				and a previously unlicensed individual domiciled and residing in the state of
				Louisiana may apply for the licensing of the previously unlicensed individual
				as an apprentice as follows.
1. A letter of
				intent to sponsor shall be sent to the board by the licensed agency, along with
				the apprentice application, indicating the agency's intent to accept the
				sponsorship and responsibility for the apprentice applicant.
2. Upon receipt of a letter of intent to
				sponsor and the completed application from the apprentice candidate, the
				chairman of the board shall issue a letter acknowledging the receipt of same,
				provided the apprentice license applicant satisfies the requirements of
				R.S.
				37:3507 and all fees required by law have
				been paid. The letter shall serve as a temporary apprentice registration card
				until the board meets to consider the application and the issuance of the
				official apprentice registration card.
3. No agency may sponsor any more than six
				apprentice investigators at any one time. No person shall be licensed as an
				apprentice if he has ever been licensed as an apprentice before.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 5 - Application, Licensing, Training, Registration and Fees › Section LVII-513 - Notification of Changes

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Notification required by
				R.S.
				37:3513 of changes in information to be
				furnished by a licensee shall include:
1.
				termination of a branch manager;
2.
				change of agency name;
3. change of
				agency address;
4. change of agency
				telephone number; and
5. change of
				ownership if agency is sole proprietorship.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 5 - Application, Licensing, Training, Registration and Fees › Section LVII-515 - Registration Card

Current through Register Vol. 50, No. 6, June 20, 2024
A. The registration
				card shall be no larger than 2 1/4 inches by 4 inches in size. The registration
				card shall contain the following information:
1. name of investigator;
2. name of agency under whose authority
				license is issued;
3. date of
				expiration;
4. current 2 inches by
				2 inches color photograph;
5.
				drivers license number;
6. company
				name;
7. company address (city and
				state);
8. license
				number;
9. signature of executive
				director;
10. signature of license
				holder;
11. state insignia;
				and
12. board seal.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 5 - Application, Licensing, Training, Registration and Fees › Section LVII-517 - Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to
				the fees provided by
				R.S.
				37:3516, the following schedule of fees shall
				be assessed:
1. for licensee or any business
				entity employing more than one investigator:
a.
renewal within 30 days after expiration of license
$200;
b.
late fee
$ 35;
c.
per investigator
$ 20;
d.
transfer of agent
$ 50;
2.
				for private investigator employed by a company or corporation, or apprentice
				investigator:
a.
annual renewal license fee
$ 50;
b.
replacement fee for a lost, destroyed, or mutilated
							 license
$ 25;
c.
renewal within 30 days after expiration of license
$ 50;
d.
late fee
$ 35;
e.
transfer of agency
$ 50;
3.
				any individual, partnership or corporation actively operating in the private
				investigation business since August 21, 1992 who did not apply to the board for
				a license, will be assessed an administrative fee in the amount of the yearly
				renewal fee as prescribed by law, per year for each year past November 16,
				1992.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 5 - Application, Licensing, Training, Registration and Fees › Section LVII-518 - Continuing Education

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				licensed private investigator shall be required to complete and pass an on-line
				investigative educational instruction course designed and approved by the
				LSBPIE every two years in order to qualify for a license renewal. The approved
				on-line investigative educational instruction course will be available free of
				charge at the LSBPIE website.
1. A licensed
				private investigator that completed and passed the approved on-line
				investigative educational instruction course in connection with a license
				renewal in the year 2016 shall complete and pass the approved on-line
				investigative educational instruction course prior to the license renewal date
				in the year 2018. Thereafter, the approved on-line investigative educational
				instruction course must be completed and passed biennially prior to the license
				renewal date in even numbered years.
2. A licensed private investigator that is in
				good standing but that did not complete and pass the approved online
				investigative educational instruction course in connection with a license
				renewal in the year 2016 (because the license is not subject to renewal until
				2017) shall complete and pass the approved on-line investigative educational
				instruction course prior to the license renewal date in the year 2017.
				Thereafter, the approved on-line investigative educational instruction course
				must be completed and passed biennially prior to the license renewal date in
				odd numbered years.
3. A newly
				licensed private investigator that successfully completed a 40-hour training
				class shall complete and pass the approved on-line investigative educational
				instruction course prior to the licensees second license renewal date.
				Thereafter, the approved on-line investigative educational instruction course
				must be completed and passed biennially prior to the license renewal
				date.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 5 - Application, Licensing, Training, Registration and Fees › Section LVII-519 - Continuing Education Credits

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The standards set forth in
				§518 will
				govern continuing education for private investigators in Louisiana.
B. Nothing in this Section will prohibit a
				licensed private investigator from attending or taking a continuing education
				course provided by another party. The private investigator may forward that
				compliance form to the LSBPIE office and it will be placed in the private
				investigators file. However, the course(s) will not be a substitute for the
				required and approved on-line investigative educational instruction course.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3505(B)(1)(2).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 7 - Client-Investigator Relationship › Section LVII-701 - Competence

Current through Register Vol. 50, No. 6, June 20, 2024
A. An investigator
				shall provide competent representation to a client. Competent representation
				requires the legal knowledge, skill, thoroughness, and preparation reasonably
				necessary for the investigation.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3505(B)(1).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 7 - Client-Investigator Relationship › Section LVII-703 - Scope of Representation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Both
				investigator and client have authority and responsibility in the objectives of
				the investigation. The client has ultimate authority to determine the purposes
				to be served by the investigation, within the limits imposed by law and the
				investigator's professional obligations.
B. An investigator may limit the objectives
				of the representation if the client consents after consultation.
C. An investigator shall not encourage a
				client to engage, or assist a client, in conduct that the investigator knows is
				criminal or fraudulent. An investigator shall not discuss the legal
				consequences of any proposed course of conduct with a client but should advise
				the client to seek an opinion from an attorney at law with regard to any
				application of the law and its possible resulting affects.
D. When an investigator knows that a client
				expects assistance prohibited by the rules of professional conduct or other
				law, the investigator shall consult with the client regarding the relevant
				limitations of the investigator's lawful conduct.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3505(B)(1).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 7 - Client-Investigator Relationship › Section LVII-705 - Diligence

Current through Register Vol. 50, No. 6, June 20, 2024
A. An investigator
				shall act with reasonable diligence and promptness in representing a
				client.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3505(B)(1).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 7 - Client-Investigator Relationship › Section LVII-707 - Communication

Current through Register Vol. 50, No. 6, June 20, 2024
A. An investigator
				shall keep a client reasonably informed about the status of a matter and
				promptly comply with reasonable request for information.
B. The investigator shall give the client
				sufficient information to participate intelligently in decisions concerning the
				objectives or the representation and the means by which they are to be pursued,
				to the extent the client is willing and able to do so.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3505(B)(1).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 7 - Client-Investigator Relationship › Section LVII-709 - Confidentiality of Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				investigator shall not reveal information relating to representation of a
				client unless the client consents after consultation, except for disclosures
				that are impliedly authorized in order to carry out the representation, and
				except as stated in
				§709
				B
B. An investigator may reveal
				such information to the extent the investigator believes reasonably necessary:
1. to prevent the client from committing a
				criminal act that the investigator believes is likely to result in imminent
				death or substantial bodily harm; or
2. to establish a claim or defense on behalf
				of the investigator in a controversy between the investigator and the client,
				to establish a defense to a criminal charge or civil claim against the
				investigator based upon conduct in which the client was involved, or to respond
				to allegations in any proceeding concerning the investigator's representation
				of the client.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 7 - Client-Investigator Relationship › Section LVII-711 - Conflict of Interest: General Rule

Current through Register Vol. 50, No. 6, June 20, 2024
A. Loyalty is an essential element in the
				investigator's relationship to a client. Therefore:
1. an investigator shall not represent a
				client if the representation of that client will be directly adverse to the
				representations of another client, unless:
a.
				the investigator reasonably believes the representation will not adversely
				affect the relationship with the other client; and
b. each client consents after
				consultation;
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 7 - Client-Investigator Relationship › Section LVII-713 - Conflict of Interest: Prohibited Transactions

Current through Register Vol. 50, No. 6, June 20, 2024
A. As a general principle, all transactions
				between client and investigators should be fair and reasonable to the client.
				Furthermore, an investigator may not exploit the representation of a client or
				information relating to the representation to the client's disadvantage.
				Examples of violations include, but are not limited to, the following:
1. an investigator shall not enter into a
				business transaction with a client or knowingly acquire an ownership,
				possessory, security, or other pecuniary interest adverse to a client unless:
a. the transaction and terms on which the
				investigator acquires the interest are fair and reasonable to the client and
				are fully disclosed and transmitted, in writing, to the client in a manner
				which can be reasonably understood by the client;
b. the client is given a reasonable
				opportunity to seek the advice of independent counsel in the transactions;
				and
c. the client consents in
				writing thereto;
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 7 - Client-Investigator Relationship › Section LVII-715 - Conflict of Interest: Former Client

Current through Register Vol. 50, No. 6, June 20, 2024
A. An investigator who has formerly
				represented a client in a matter shall not thereafter:
1. represent another person in the same or a
				substantially related matter in which that person's interests are materially
				adverse to the interests of the former client unless the former client consents
				after consultation; or
2. use
				information relating to the representation to the disadvantage of the former
				client except when the information derived from independent sources has become
				generally known.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 7 - Client-Investigator Relationship › Section LVII-717 - Requirements of Contracts

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon
				initial contact from a private citizen, a contract may be offered on all
				matters.
B. The contract shall
				contain, but may not be limited to, the following information:
1. name, address, and phone number of
				investigative agency;
2. name,
				address and phone number of private investigator responsible for case
				work;
3. schedule of fees to be
				charged;
4. purpose and scope of
				investigation;
5. limitations of
				responsibility to investigative agency;
6. limitations of responsibility to
				client;
7. signature of
				client;
8. signature of two
				witnesses;
9. date agreement was
				signed; and
10. contracts shall be
				made in duplicate:
a. one copy for the
				client;
b. one copy shall be
				retained in the investigative case file for a period of three years.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 7 - Client-Investigator Relationship › Section LVII-719 - Use of Private Investigator Badge

Current through Register Vol. 50, No. 6, June 20, 2024
A. The use of a private investigator badge
				shall be optional. Should the investigator choose to carry a badge and display
				it, he shall be obligated to identify himself as a private investigator at such
				time as the badge is displayed.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3505(B)(1).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 7 - Client-Investigator Relationship › Section LVII-721 - Complaint Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. A request
				for a hearing on a complaint before the Board of Private Investigator Examiners
				shall contain the following:
1. the full name,
				address, and telephone number of the person requesting the hearing;
2. the full name, address, and telephone
				number of any person whose interest could be affected by the hearing;
3. a plain and concise statement of the
				complaint;
4. a receipt showing a
				copy of the complaint has been sent to the person, or to a statement from the
				executive director stating that a copy of said complaint had been delivered to
				the person named in the complaint;
5. all complaints or requests for a hearing
				before the Private Investigator Examiners Board, must be made by certified or
				registered mail to the executive director or the PI Board.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 7 - Client-Investigator Relationship › Section LVII-723 - Transactions with Persons Other than Clients

Current through Register Vol. 50, No. 6, June 20, 2024
A. Truthfulness in Statements to Others. In
				the course of representing a client an investigator shall not knowingly:
1. make a false statement of material fact or
				law to a third person; or
2. fail
				to disclose a material fact to a third person when disclosure is necessary to
				avoid assisting a criminal or fraudulent act by a client, unless disclosure is
				otherwise prohibited by Chapter 7.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 7 - Client-Investigator Relationship › Section LVII-725 - Professional Misconduct

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is
				professional misconduct for an investigator to:
1. violate or attempt to violate the rules of
				professional conduct or to knowingly assist or induce another to do so, or do
				so through the acts of another;
2.
				commit a criminal act or any other act that reflects adversely on the
				investigator's honesty, trustworthiness or fitness as an investigator in other
				respects;
3. engage in conduct
				involving dishonesty, fraud, deceit, or misrepresentation;
4. except upon the expressed assertion of a
				constitutional privilege, to fail to cooperate with the ethics committee in its
				investigation of alleged misconduct; or
5. threaten to file criminal charges solely
				to obtain an advantage in a civil matter.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 7 - Client-Investigator Relationship › Section LVII-727 - Occupational Licenses

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				investigative agency must apply and pay all occupational fees required to
				conduct business in the jurisdiction which he is to conduct business.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3505(B)(1).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 7 - Client-Investigator Relationship › Section LVII-729 - Rehabilitation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any licensed
				private investigator may voluntarily inform the board by mail of a substance
				abuse problem without adverse action taken by the board. In doing so the
				private investigator is subject to the board's recommendation to enter a
				substance abuse facility, and upon completion of successful treatment, shall
				furnish proof of completion from said facility. Failure to successfully
				complete a substance abuse program will subject the investigator to
				disciplinary action by the board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3505(B)(1).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 7 - Client-Investigator Relationship › Section LVII-731 - Truth in Advertising

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				investigator shall, when advertising years of experience, clearly state the
				actual years of experience with the private investigative industry.
B. When advertising years of experience in
				private investigative industry, the ad must indicate if it is a total number of
				years for one certain investigator or a combined total of all
				investigators.
C. An investigator
				shall, prior to advertising a certification designation, must furnish the Board
				of Private Investigators with a copy of their certificate and the certificate
				number.
D. When using the term
				certification in advertising, the certified investigator's name must accompany
				the designation.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3505(B)(1).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 9 - Rules of Adjudication for Board of Private Investigator Examiners › Section LVII-901 - Scope of Chapter

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules
				govern the board's initiation, consideration, and adjudication of
				administrative complaints providing cause under law for denial, modification,
				suspension, or revocation of a license, imposition of probation on, or other
				disciplinary action against any person requesting or holding a license, permit,
				certification, or registration issued by the board or any applicant
				therefor.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3505(B)(1).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 9 - Rules of Adjudication for Board of Private Investigator Examiners › Section LVII-903 - Complaint

Current through Register Vol. 50, No. 6, June 20, 2024
A. Proceedings to
				adjudicate an administrative enforcement action shall be initiated by the
				filing of a written complaint with the board. It shall be signed by a member of
				the board appointed and designated by it as investigatory officer with respect
				to the subject matter of the complaint. The accused licensee shall be named as
				respondent in the proceedings.
B.
				The complaint shall set forth, in separately numbered paragraphs, a concise
				statement of the material facts and matters alleged and to be proven by the
				investigating officer, including the facts giving rise to the board's
				jurisdiction over respondent, the facts constituting legal cause for the
				administrative action, and the statutory, regulatory or other provision alleged
				to have been violated by respondent. The complaint shall conclude with a
				request for the administrative sanction or other relief sought by the
				investigating officer and shall bear the name, address, and telephone number of
				counsel engaged by the board to present the case at evidentiary hearing before
				the board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3505(B)(1).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 9 - Rules of Adjudication for Board of Private Investigator Examiners › Section LVII-905 - Notice of Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon the
				filing of an administrative complaint pursuant to §903, the board shall
				docket the complaint and schedule it for hearing before the hearing not less
				than 45 days nor more than 180 thereafter. For good cause, the time may be
				lengthened or shortened as the board determines may be necessary or appropriate
				to protect the public interest or upon the motion of the investigating officer
				of respondent. In the event that the respondent's license, permit,
				certification, or registration has been suspended by the board pending hearing,
				pursuant to
				R.S.
				37:3519.A evidentiary hearing on the
				complaint shall be noticed and scheduled not more than 45 days after the filing
				of the complaint.
B. A written
				notice of the complaint and the time, date, and place of the scheduling hearing
				thereon shall be served upon the respondent by registered,
				return-receipt-requested mail, as well as by regular first class mail, at the
				most current address for the respondent as reflected in the official records of
				the board, or by personal delivery of the complaint to the respondent. The date
				of service shall be the day of personal service or the third business day after
				the date of posting the registered or certified notice. The notice shall
				include a statement of the legal authority and jurisdiction under which the
				hearing is to be conducted and shall be accompanied by a certified copy of the
				administrative complaint.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3505(B)(1).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 9 - Rules of Adjudication for Board of Private Investigator Examiners › Section LVII-907 - Response to Complaint; Notice of Representation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Within 15 days of service of the
				complaint, or such longer time as the board, on motion of the respondent, may
				permit, the respondent may answer the complaint, admitting or denying each of
				the separate allegations of fact and of law set forth therein. Any matter
				admitted by respondent shall be deemed proven and established for purposes of
				adjudication. In the event that respondent does not file a response to the
				complaint, all allegations therein asserted shall be deemed denied.
B. Any respondent may be represented in an
				adjudication proceeding before the board by an attorney at law duly admitted to
				practice in this state. Upon receipt of service of a complaint pursuant, or
				thereafter, a respondent who is represented by legal counsel with respect to
				the proceeding shall, personally or through such counsel, give written notice
				to the board of the name, address, and telephone number of such counsel.
				Following receipt of proper notice of representation, any further notice,
				complaint, subpoena, order or other process related to the proceeding shall be
				served on respondent through his or her designated counsel of record.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3505(B)(1).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LVII - Private Investigator Examiners › Chapter 9 - Rules of Adjudication for Board of Private Investigator Examiners › Section LVII-909 - Pleadings; Motions; Service

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				pleading, motion, or other paper permitted or required to be filed with the
				board in connection with a pending adjudication proceeding shall be filed by
				personal delivery at or by mail to the office of the board. Any such writing
				shall likewise be concurrently served upon complaint counsel, if filed by or on
				behalf of respondent, or upon respondent, through counsel of record, if any, if
				filed by complaint counsel.
B. All
				such pleadings, motions, or other papers shall be submitted on plain white
				letter-size (8 1/2 inches by 11 inches) bond, with margins of at least 1 inch
				on all sides and text double-spaced, except as to quotations and other matter
				customarily single-spaced. Such documents shall bear the caption and docket
				number of the case and shall include the certificate of the attorney or person
				making the filing that service of a copy has been effected in the manner
				prescribed by
				§909
				A
C. The board may refuse to accept
				for filing any pleading, motion, or other paper not conforming to the
				requirements of §909
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3505(B)(1).