reglab/statecodes huggingface dataset:
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-911 - Prehearing Motions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Motions for
				continuance of any hearing, for dismissal of the proceeding and all other
				prehearing motions shall be filed not later than 30 days following service of
				the complaint on the respondent or 15 days prior to the hearing, whichever is
				earlier. Each prehearing motion shall be accompanied by a memorandum which
				shall set forth a concise statement of the grounds upon which the relief sought
				is based and the legal authority therefor. A motion may be accompanied by an
				affidavit as necessary to establish facts alleged in support of the motion.
				Within 10 days of the filing of any such motion and memorandum, or such shorter
				time as the board may order, the investigating officer, through complaint
				counsel, may file a memorandum in opposition to or otherwise setting forth the
				investigating officer's position with respect to the motion.
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-913 - Motion for Continuance

Current through Register Vol. 50, No. 6, June 20, 2024
A. A motion
				for continuance of hearing shall be filed within the delay prescribed by
				§911 of this
				Chapter, provided that the board may accept the filing of a motion for
				continuance at any time prior to hearing upon a showing of good cause not
				discoverable within the time otherwise provided for the filing of a prehearing
				motion.
B. A scheduled hearing may
				be continued by the board only upon a showing by respondent or complaint
				counsel that there are substantial legitimate grounds that the hearing should
				be continued balancing the right of respondent to a reasonable opportunity to
				prepare and present a defense to the complaint and the board's responsibility
				to protect the public health, welfare, and safety. Except in extraordinary
				circumstances evidenced by verified motion or accompanying affidavit, the board
				will not ordinarily grant a motion to continue a hearing that has been
				previously continued upon motion of the same party.
C. If an initial motion for continuance is
				not opposed, it may be granted by the executive director. Any motion for
				continuance of hearing which is opposed shall be referred for decision to the
				presiding officer of the hearing panel designated with respect to the
				proceeding, who shall rule upon such motion on the papers filed, without
				hearing. The presiding officer, in his discretion, may refer any motion for
				continuance to the entire panel for disposition, and any party aggrieved by the
				decision of a presiding officer on a motion for continuance may request that
				the motion be reconsidered by the entire panel. In any such case, the panel
				shall rule on such motion on the papers filed, without hearing.
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-915 - Subpoenas for Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon request
				of the respondent or complaint counsel and compliance with the requirements of
				§915, the executive director shall sign and issue subpoenas in the name of
				the board requiring the attendance and giving of testimony by a witness and the
				production of books, papers, and other documentary evidence at an adjudication
				hearing.
B. No subpoena shall be
				issued unless and until the party who wishes to subpoena the witness first
				deposit with the board a sum of money sufficient to pay all fees and expenses
				to which a witness in a civil case is entitled to
				R.S.
				13:3661 and
				R.S.
				13:3671. Witnesses subpoenaed to testify
				before the board only to an opinion founded on special study or experience in
				any branch of scient, or to make scientific or professional examinations, and
				to state the results thereof, shall receive such additional compensation from
				the party who wishes to subpoena such witnesses as may be fixed by the board
				with reference to the value of the time employed and the degree or skill
				required.
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-917 - Conduct of Hearing; Record

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Unless otherwise requested by the respondent, the adjudication hearing shall be
				conducted in closed session.
B. At
				an adjudication hearing, opportunity shall be afforded to complaint counsel and
				respondent to present evidence on any issue of fact and argument on any issue
				of law and policy involved, to call, examine, and cross-examine any witness,
				and to offer and introduce documentary evidence and any exhibit required for a
				full and true disclosure of the facts and disposition of the
				complaint.
C. Unless stipulation is
				made between the parties, and approved by the hearing panel, providing for
				other means of recordation, all testimony and other proceedings of an
				adjudication shall be recorded by a certified stenographer who shall be
				retained by the board to prepare a written transcript of such
				proceedings.
D. During evidentiary
				hearing, the presiding officer shall rule upon any evidentiary objection and
				other procedure question, but in his discretion may consult with the entire
				panel in executive session. At any hearing, the board may be assisted by legal
				counsel, retained by the board for such purpose, who is independent of
				complaint counsel and who has not participated in the investigation or
				prosecution of the case. If the board or panel is attended by such counsel, the
				presiding officer may delegate to such counsel ruling on any evidentiary
				objection and other procedural issue raised during the hearing.
E. The record in a case of adjudication shall
				include:
1. the administrative complaint and
				notice of hearing, respondent's response to the complaint, if any, subpoenas
				issued in connection with discovery in the case or hearing of the adjudication,
				and all pleadings, motions, and intermediate rulings;
2. evidence received or considered at the
				hearing;
3. a statement of matters
				officially noticed except matters so obvious that statement of them would serve
				no useful purpose;
4. offers of
				proof, objections, and rulings thereon;
5. proposed findings and exceptions, if
				any;
6. the decision, opinion,
				report, or other disposition of the case made by the board.
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-919 - Evidence

Current through Register Vol. 50, No. 6, June 20, 2024
A. In an
				adjudication hearing, the board, or the designated hearing panel thereof, may
				give probative effect to evidence which possesses probative value commonly
				accepted by reasonably prudent men in conduct of their affairs. Effect shall be
				given to the rules of privilege recognized by law. The board or panel may
				exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence.
				Objections to evidentiary offers may be made and shall be noted in the record.
				Subject to these requirements, when a hearing will be expedited and the
				interests of the parties will not be prejudiced substantially, any part of the
				evidence may be received in written form.
B. All evidence, including records and
				documents in the possession of the board which complaint counsel desires the
				board to consider, shall be offered and made part of the record, and all such
				documentary evidence may be received in the form of copies or excerpts, or by
				incorporation by reference. In case of incorporation by reference, the
				materials so incorporated shall be available for examination by the respondent
				before being received in evidence.
C. Notice may be taken of judicially
				cognizable facts and of generally recognized technical or scientific facts
				within the board's knowledge. Parties shall be notified either before or during
				the hearing of the material noticed or sought by a party to be noticed, and
				they shall be afforded an opportunity to contest the material so noticed. The
				board's experience, technical competence, and knowledge may be utilized in the
				evaluation of the evidence.
D. Any
				member of the board serving as presiding officer in an adjudication hearing
				shall have the power to and shall administer oaths or affirmations to all
				witnesses appearing to give testimony, shall regulate the course of the
				hearing, set the time and place for continued hearings, fix the time for the
				filing of briefs and other documents, if they are required or requested, and
				may direct the parties to appear and confer to consider simplification of the
				issues.
E. Except as otherwise
				governed by the provision of these rules, adjudication hearing before the board
				shall be governed by the Louisiana Code of Evidence, insofar as the same may be
				applied.
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-921 - Informal Disposition

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				board may make informal disposition, by default, consent order, agreement,
				settlement, or otherwise of any adjudication pending before it.
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-923 - Decisions; Notice

Current through Register Vol. 50, No. 6, June 20, 2024
A. The final
				decision of the board in an adjudication proceeding shall, if adverse to the
				respondent, be in writing and shall include findings of fact and conclusions of
				law. It shall be signed by the presiding officer of the hearing panel on
				behalf, and in the name, of the board.
B. Upon issuance of a final decision, a
				certified copy thereof shall promptly be served upon respondent's counsel of
				record, or upon respondent personally in absence of counsel, in the same manner
				of service prescribed with respect to service of complaints.
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-925 - Rehearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. A decision by
				the board in a case of adjudication shall be subject to rehearing, reopening,
				or reconsideration by the board pursuant to written motion filed with the board
				within 10 days from service of the decision on respondent. A motion for
				rehearing, reopening, or reconsideration shall be made and served in the form
				and manner prescribed by
				§909 and shall
				set forth the grounds upon which such motion is based, as provided by
				Subsection B of this Section.
B.
				The board may grant rehearing, reopening, or reconsideration if it is shown
				that:
1. the decision is clearly contrary to
				law and the evidence;
2. the
				respondent has discovered since the hearing evidence important to the issues
				which he or she could not have with due diligence obtained before or during the
				hearing;
3. other issues not
				previously considered ought to be examined in order properly to dispose of the
				matter; or
4. there exist other
				good grounds for further consideration of the issues and the evidence in the
				public interest.
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-927 - Dissemination of Disciplinary Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notice to Other States. The executive
				director of the board shall transmit notice of all final license revocations
				and suspensions to the licensing agency of every other jurisdiction in which
				the respondent is licensed.
B.
				Public Notice of Discipline Imposed. The executive director of the board shall
				cause notices of all final license suspensions and revocations to be published
				in a newspaper of general circulation in each parish in which the private
				investigator maintained an office.
C. The notice shall:
1. state the statute or rule or regulation
				found to have been violated and which resulted in the suspension or
				revocation;
2. state the penalty
				imposed for the violation; and
3.
				request members of the public to notify the board if the disciplined individual
				is operating as a private investigator without a license.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIX - Private Security Examiners › Chapter 1 - Definitions, Organization, Board Membership and General Provisions › Section LIX-101 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Date of Hire
-date applicant begins
				  performing the functions and duties of a security officer.
Dog Handler
-an individual who is accompanied
				  by a trained protection dog while performing the duties of a security officer
				  as defined in
				  R.S.
				  37:3272. He shall be considered unarmed
				  unless he falls under the definition of an armed security officer.
Emergency Assignment
-any unplanned or
				  unexpected event not covered by a prior contractual agreement.
Security Officer
- a n individual who is
				  principally employed by a contract security company whether armed or unarmed,
				  to protect a person or persons or property or both.
1.
Security officer's
duties include but are
				  not limited to the following:
a. prevention of unlawful intrusion or entry;
b. prevention of larceny;
c. prevention of vandalism;
d. protection of property or person;
e. prevention of abuse;
f. prevention of arson;
g. prevention of trespass on private property;
h. control, regulation, or direction of the flow or movements
				  of the public, except on public streets, whether by vehicle, on foot, or
				  otherwise;
i. street patrol service or merchant patrol service, which is
				  any contract security company that utilizes foot patrols, motor vehicles, or
				  any other means of transportation in public areas or on public thoroughfares in
				  the performance of its security functions.
2. Professions specifically excluded from this definition
				  are:
a. ticket takers;
b. ushers;
c. wrist band monitors;
d. meeting monitors;
e. parking attendants;
f. crowd counters;
g. badge checkers;
h. informational personnel.
Weapon
-any firearm or baton approved by the
				  board.
In addition to the above definitions, terms outlined in
					 these rules shall be found in
					 R.S.
					 37:3272.
AUTHORITY NOTE: Promulgated in accordance with
					 R.S.
					 37:3270 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIX - Private Security Examiners › Chapter 1 - Definitions, Organization, Board Membership and General Provisions › Section LIX-103 - Organization, Board Membership and General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The private security regulatory and
				licensing law (R.S. 37:3270, et
				seq.) shall be administered by the Board of Private Security Examiners,
				hereinafter referred to as the "board."
B. The official seal of the board consists of
				the Louisiana state seal with a pelican in the middle.
C. The board shall consist of nine members
				appointed by the governor for a term concurrent with the term of office of the
				appointing governor. No member of the board shall be employed by a person or
				company who employs any other member of the board.
D. The chairperson shall exercise general
				supervision of the board's affairs, shall preside at all meetings when present,
				shall appoint members to committees as needed to fulfill the duties of the
				board, and shall perform all other duties pertaining to the office as deemed
				necessary and appropriate.
E. The
				vice-chairperson shall perform the duties of the chairperson in his absence or
				other duties assigned by the chairperson.
F. Standing committees of the board are:
1. general committee-duties to include
				special projects as authorized by the chairperson;
2. finance committee-duties to include
				periodic review of the budget, recommendations regarding the establishment of
				fees charged by the board, and recommendations to the board regarding all
				expenditures requested by the executive secretary in excess of $500;
				and
3. ethics committee-duties to
				include review of allegations and recommendations to the board regarding any
				alleged misconduct, incompetence or neglect of duty by board members.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIX - Private Security Examiners › Chapter 1 - Definitions, Organization, Board Membership and General Provisions › Section LIX-105 - Consumer Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. Minutes
				of all board meetings shall be made available to the public upon written
				request to the board. A monetary fee may be assessed in accordance with
				division of administration rules and regulations.
B. Complaints to the board shall be in
				writing, signed by the individual making the complaint, and include a means by
				which to contact the individual for investigative purposes.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3270, et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIX - Private Security Examiners › Chapter 2 - Company Licensure › Section LIX-201 - Qualifications and Requirements for Company Licensure

Current through Register Vol. 50, No. 6, June 20, 2024
A. Licensing information packages may be
				obtained from the board by submitting, in writing, a request for such package.
				Request shall include the name, address, and phone number of the person
				requesting this information.
B. An
				applicant for licensure shall meet all of the qualifications and requirements
				specified in
				R.S.
				37:3276 in addition to the rules
				herein.
C. Applicant must possess a
				high school diploma, GED, or equivalent work experience.
D. Applicant shall fill out and file with the
				board a notarized application form provided and approved by the board. If the
				applicant is a corporation, it shall be subscribed and sworn to by at least two
				principal corporate officers.
E. In
				addition to the completed application, the following documentation shall be
				submitted to the board:
1. two sets of
				classifiable fingerprints on FBI fingerprint cards with the appropriate
				processing fee of the applicant or qualifying agent and/or of each officer,
				partner or shareholder (except for shareholders of publicly traded
				corporations);
2. letters attesting
				to good moral character from three reputable individuals, not related by blood
				or marriage, who have known the applicant or qualifying agent for at least five
				years;
3. copy of applicant's or
				qualifying agent's DD-214 military discharge papers showing type of discharge,
				if applicable;
4. copy of company's
				badge and insignia;
5. copy of
				occupational license from each city or parish in which that company or branch
				has security operations, if applicable;
6. a certificate of general public liability
				insurance in an amount as required by law with the state of Louisiana named as
				an additional insured;
7. articles
				of incorporation, if incorporated, and certificate of authority from the
				Louisiana Secretary of State;
8.
				licensing, application and examination fees prescribed by law, and the
				appropriate fingerprint processing fee: and
9. copy of applicant's or qualifying agent's
				Social Security card.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIX - Private Security Examiners › Chapter 3 - Security Officer Registration › Section LIX-301 - Qualifications and Requirements for Security Officer Registration

Current through Register Vol. 50, No. 6, June 20, 2024
A. An applicant for
				security officer registration shall meet all of the qualifications and
				requirements specified in
				R.S.
				37:3283 in addition to the rules
				herein.
B. An applicant for
				security officer registration shall meet all of the qualifications of a
				licensee as defined in
				R.S.
				37:3276, except:
1. the applicant may be a resident
				alien;
2. the applicant must be at
				least 18 years of age if registered unarmed, or if registered to carry a baton;
				and
3. the applicant must be at
				least 21 years of age if registered armed.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIX - Private Security Examiners › Chapter 4 - Training › Section LIX-401 - Training Programs

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				board-required training shall be administered by a licensed instructor. The
				board shall approve all training programs and shall develop training criteria
				outlining specific curriculum to be used in the instructing and training of all
				security officers.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3270, et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIX - Private Security Examiners › Chapter 4 - Training › Section LIX-403 - Classroom Training

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any security
				officer employed after September 1, 1985 shall complete, within 30 days from
				his date of hire, eight hours' classroom training under a board-licensed
				classroom instructor.
B. Security
				officer shall have 60 days from date of first work assignment to complete an
				additional eight-hour classroom training program which has been approved by the
				board.
C. Upon completion of each
				of the eight-hour segments of the prescribed training, a 50-question
				examination shall be given to each security officer by the board-licensed
				instructor. The first eight-hour examination shall be different from the second
				eight-hour examination, cover the required training topics, and be approved by
				the board prior to being administered. Minimum passing score is 70
				percent.
D. All scores of such
				examinations must be recorded and submitted to the board by the licensee or
				employer, as the case may be, on its prescribed training verification form
				signed by the licensed instructor within 15 calendar days from completion of
				training.
E. Security officers who
				have been registered in other states who have licensing requirements similar to
				Louisiana, and law enforcement officers identified in
				R.S.
				37:3284 may attend a four-hour modular
				training program administered by a board-licensed instructor. Upon completion
				of the four-hour modular training, the officer shall take a 50-question
				examination, and if the security officer successfully passes the examination,
				this modular training shall be considered the equivalent to the classroom
				training provided for in
				R.S.
				37:3284 and rules herein. It the security
				officer does not successfully pass the examination, then he must go through the
				entire classroom training program.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3270, et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIX - Private Security Examiners › Chapter 4 - Training › Section LIX-405 - Firearms Training

Current through Register Vol. 50, No. 6, June 20, 2024
A. Armed
				security officers, in addition to the training requirements outlined in
				R.S.
				37:3284 and in the rules herein, shall
				complete firearms training and range qualifications by a board-licensed
				firearms instructor, as prescribed by the board, prior to working an armed
				assignment. Examination scores must be recorded and submitted to the board by
				the licensee or employer, as the case may be, on its prescribed verification
				form signed by the licensed instructor within 15 calendar days from completion
				of training.
B. Upon completion of
				the prescribed firearms training, a written examination will be given to each
				security officer by the board-licensed firearms instructor. The examination
				shall cover the required training topics and be approved by the board. Minimum
				passing score is 70 percent.
C.
				Successful completion of firearms training also includes the security officer
				passing the board required firearms proficiency course by achieving a minimum
				marksmanship qualifying score of 80 percent.
D. Annual refresher firearms training, as
				outlined in Subsection F below, is due one year from the date of the last
				firearms training recorded at the board office. The anniversary date will not
				change if the training is taken within 30 days prior to said date.
E. Authorized Weapons. The following weapons
				are the only weapons authorized and approved by the board:
1. straight baton or PR-24 baton;
2.357 caliber revolver, minimum four inch
				barrel with .357 or .38 caliber ammunition or .38 caliber revolver, minimum
				4-inch barrel with .38 caliber ammunition only;
3. 9mm semiautomatic, minimum 4-inch barrel,
				double action; and
4.
				shotgun;
5. 40 caliber
				semiautomatic weapon, minimum 4 inch barrel;
6. 45 caliber semiautomatic weapon, minimum 4
				inch barrel, double action;
7.
				single action semiautomatic weapons are prohibited.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIX - Private Security Examiners › Chapter 4 - Training › Section LIX-407 - Baton Training

Current through Register Vol. 50, No. 6, June 20, 2024
A. Security
				officers carrying a straight baton as a weapon must successfully complete a
				minimum of eight hours of an initial straight baton training course approved by
				the board and administered by a board-licensed straight baton instructor prior
				to carrying such weapon on duty. Security officer must also successfully
				complete a four-hour annual refresher straight baton training program approved
				by the board.
B. Security officers
				carrying a PR-24 baton as a weapon must successfully complete a minimum eight
				hours of a prebasic PR-24 baton training course approved by the board and
				administered by a board-licensed PR-24 baton instructor prior to carrying such
				weapon on post. Security officer must also successfully complete a four-hour
				annual refresher PR-24 baton training program approved by the board.
C. The board-licensed baton instructor must
				meet the same qualifications of a classroom instructor as required by
				R.S.
				37:3284 and must possess a board-recognized
				law enforcement baton certification.
D. Annual baton refresher training is due one
				year from the date of the last baton training recorded at the board
				office.
E. Security officers
				trained in baton must successfully pass a written examination administered by a
				board-licensed baton instructor and achieve a minimum passing score of 70
				percent. Examination scores must be recorded and submitted to the board by the
				licensee or employer, as the case may be, on its prescribed verification form
				signed by the licensed instructor within 15 calendar days from completion of
				training.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3270, et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIX - Private Security Examiners › Chapter 4 - Training › Section LIX-409 - Instructor Requirements, Responsibilities and Liability

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall collect the instructor
				fees prescribed in
				R.S.
				37:3286.
B. An applicant applying for an instructor
				license who does not successfully pass the required examination may reapply to
				take the examination twice within a six-month period. If the applicant does not
				successfully pass the examination as required, the application shall be
				referred to the board for action.
C. Instructor Responsibilities and Liability
1. An in-house instructor who is covered
				under his employer's company insurance policy shall be required to have his
				employer submit a letter to the board stating that he is covered under the
				company policy for the teaching of security officers. If not covered under a
				company insurance policy, an instructor must provide a certificate of general
				public liability insurance in an amount as required by law, with the state of
				Louisiana named as an additional insured.
2. Licensed instructors are required to keep
				on file for three years records of training tests and any other documentation
				that verifies the test scores achieved by security officers they
				trained.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIX - Private Security Examiners › Chapter 5 - Criminal Background Checks › Section LIX-501 - Criminal Background Checks

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Dispositions
1. If an applicant has been
				convicted of any crime that would prevent him from meeting the qualifications
				of a licensee or registrant as specified in
				R.S.
				37:3276, it shall be incumbent upon the
				applicant to submit with his application documentation showing proof that he
				has been pardoned for that crime.
2. If an applicant possesses an arrest record
				as issued by the Louisiana State Police, Bureau of Identification, without the
				disposition thereof, it shall be incumbent upon the applicant, within 30 days,
				to provide the written disposition of his arrest from the district attorney's
				office or the criminal clerk of court's office from the judicial district in
				which the arrest occurred.
3. If
				the applicant does not provide the written disposition as required, the board
				shall have sufficient cause to deny the application.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIX - Private Security Examiners › Chapter 6 - Disciplinary Action › Section LIX-601 - Contested Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Before
				revoking or suspending a license or registration card, or imposing fines or
				costs over $500, the board will afford the applicant an opportunity for a
				hearing after reasonable notice of not less than 15 days, except in a case of a
				failure to maintain the required insurance or when a registrant is found
				carrying an unauthorized weapon while performing the duties of a security
				officer.
B. All requests for a
				hearing must be submitted in writing to the board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3270, et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIX - Private Security Examiners › Chapter 6 - Disciplinary Action › Section LIX-603 - Final Decision and Orders

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				final decisions and orders of the board shall be in writing and signed by the
				executive secretary or chairperson.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3270, et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIX - Private Security Examiners › Chapter 7 - Insignias, Markings, Restrictions › Section LIX-701 - Restrictions

Current through Register Vol. 50, No. 6, June 20, 2024
A. No badge or
				insignia with the initials "SP" or "SO" may be worn on the uniform of a
				registrant.
B. A licensee shall not
				display red or blue emergency lights on any vehicle used on a security
				assignment.
C. Effective January 1,
				2008, all uniforms worn by security officers shall contain the name of the
				company for whom they are employed. Effective July 1, 2008, all outerwear worn
				by security officers shall contain the name of the company for whom they are
				employed.
D. All requests for plain
				clothes security officers shall be made to the board and approval in writing
				from the board must first be obtained prior to any security officer being
				allowed to work an assignment out of uniform.
E. The following individuals are prohibited
				from wearing any insignia or lettering which indicate a role or function of a
				security officer:
1. ticket takers;
2. ushers;
3. wrist band monitors;
4. parking attendants;
5. crowd counters;
6. badge checkers;
7. informational personnel.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIX - Private Security Examiners › Chapter 7 - Insignias, Markings, Restrictions › Section LIX-703 - Alcohol Restrictions

Current through Register Vol. 50, No. 6, June 20, 2024
A. No
				licensee, as defined in
				R.S.
				37:3270 et seq., shall sell, dispense or
				handle alcoholic beverages of high or low alcohol content, or in any manner
				perform those functions for which a permit is required by
				R.S.
				26:932, while on duty as a security officer
				as defined in
				R.S.
				37:3272. Further, in no event shall any
				licensed security officer sell, dispense, or handle alcohol while in uniform,
				regardless of whether or not such officer is on duty.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3270 et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIX - Private Security Examiners › Chapter 8 - Licensee Suitability, Records, Investigations, and Registrant Violations › Section LIX-801 - Licensee's Suitability and Business Relationships

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board may deny an application,
				suspend, revoke, or restrict a licensee upon the vote of four concurring
				members when it finds that the licensee or business entity is unsuitable for
				the purpose of its license or endangers the health, safety, or welfare of the
				citizens of this state.
B. In
				determining the suitability of an applicant or licensee or other persons or
				business entities, the board may consider the following:
1. general character, including honesty and
				integrity;
2. financial security
				and stability, competency, and business experience in the capacity of the
				relationship; and
3. refusal to
				provide records, information, equipment, or access to premises to any
				authorized representative of the board, or any law enforcement officer when
				such access is reasonably necessary to insure compliance with
				R.S.
				37:3270-3298 and the rules herein.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIX - Private Security Examiners › Chapter 8 - Licensee Suitability, Records, Investigations, and Registrant Violations › Section LIX-803 - Employee Records Required to be Kept and Subject to Inspection

Current through Register Vol. 50, No. 6, June 20, 2024
A. The licensee is
				required to keep on file the following documentation on each registrant in
				their employment up to three years from date of termination. Such documentation
				is subject to inspection as may reasonably be required by an authorized
				representative of the board during reasonable business hours:
1. current residence and phone number of all
				registrants;
2. copy of the
				application submitted to the board;
3. copy of training verification form
				submitted to the board and original training tests completed by any registrant
				trained by such company, and any other documented information on required
				training;
4. copy of registration
				card issued by the board; and
5.
				copy of termination notice.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIX - Private Security Examiners › Chapter 8 - Licensee Suitability, Records, Investigations, and Registrant Violations › Section LIX-805 - Investigations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board may
				investigate the actions of any licensee. The investigation shall be conducted
				for the purpose of determining whether a licensee is in compliance with
				R.S.
				37:3270-3298 and the rules herein.
B. An investigation conducted by a duly
				authorized representative of the board is not to be construed as an inspection
				of files as described in
				§803.
				C hereof. It is an investigation of alleged
				violations by a licensee or registrant as a result of a complaint and is exempt
				from written and verbal notification.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3270, et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIX - Private Security Examiners › Chapter 8 - Licensee Suitability, Records, Investigations, and Registrant Violations › Section LIX-807 - Violations by Registrants

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				addition to violations specified in
				R.S.
				37:3270 et seq., and the other parts of these
				rules, the following shall be considered violations by a registrant:
1. performing security duties for any other
				person other than the licensee with whom he is registered;
2. failure to sign registration
				card;
3. failure to affix a
				photograph of registrant, taken within the last six months, to registration
				card;
4. failure to timely
				surrender registration card when required to do so;
5. possession or use of any registration card
				which has been improperly altered;
6. defacing of a registration card;
				and
7. allowing improper use of a
				registration card.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIX - Private Security Examiners › Chapter 8 - Licensee Suitability, Records, Investigations, and Registrant Violations › Section LIX-809 - Inspection of Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. Licensee
				shall make available to any authorized representative of the board for
				inspection such employee records and other information as the board may
				reasonably require to ensure compliance with the Private Security Regulatory
				and Licensing Law and with these rules and regulations.
B. The board shall notify the company, in
				writing, 15 days prior to the conducting of a routine inspection of employee
				records.
C. The board shall notify
				the company, in writing, three days prior to conducting an inspection of their
				employee records brought on by a complaint.
D. A company will have no more than 30 days
				to comply with the board's written findings as a result of any inspection in
				addition to paying any fine assessed.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3270, et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIX - Private Security Examiners › Chapter 8 - Licensee Suitability, Records, Investigations, and Registrant Violations › Section LIX-811 - Training Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is the
				responsibility of licensees and certified trainers to keep records of tests and
				firearms certification on training for each registrant.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3270, et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIX - Private Security Examiners › Chapter 8 - Licensee Suitability, Records, Investigations, and Registrant Violations › Section LIX-813 - Unlawful Act

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person shall
				engage in the business of providing contract security services except in
				accordance with Chapter 2 and the rules and regulations adopted by the
				board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3270, et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIX - Private Security Examiners › Chapter 9 - Administrative Penalties › Section LIX-901 - Administrative Penalties Pursuant to R.S. 37:3288

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person who is determined by the board,
				after reasonable notice and opportunity for a fair and impartial hearing held
				in accordance with the Administrative Procedure Act, to have committed an act
				that is a violation of
				R.S.
				37:3270 et seq., or any rule herein, is
				subject to an administrative penalty of not more than $500 per violation;
				and/or denial, suspension, or revocation of a license or registration card;
				and/or imposition of probationary conditions or other restrictions including
				assessment of administrative costs incurred.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3270, et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIX - Private Security Examiners › Chapter 9 - Administrative Penalties › Section LIX-905 - Request for Copies

Current through Register Vol. 50, No. 6, June 20, 2024
A. Copies of
				these rules and regulations will be made available upon written request to the
				board, and a monetary fee will be assessed in accordance with the division of
				administration's rules governing public records.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3270, et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIX - Private Security Examiners › Chapter 9 - Administrative Penalties › Section LIX-907 - Public Comments

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon
				adoption of these rules and regulations, the board, if requested to do so by an
				interested person within 30 days after adoption, shall issue a concise
				statement of the principal reasons for and against its adoption.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3270, et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 1 - Licensed Professional Counselors › Chapter 1 - General Provisions › Section LX-101 - Statutory Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  Louisiana Licensed Professional Counselors Board of Examiners was initially
				  created and empowered by Act 892 of the 1987 Legislature to provide regulation
				  of the practice of mental health counseling and provide for the regulation of
				  the use of the title "licensed professional counselor" (R.S.
				  37:1102). Subsequently Act 1195 of 2001
				  empowered the board to provide regulation of marriage and family therapy and
				  the use of the title "licensed marriage and family therapist" [R.S.
				  37:1102(B)]. Act 484 of the
				  2014 Legislative Session empowered the board to provide regulation of the
				  practice and use of the titles "provisional licensed professional counselor"
				  and "provisional licensed marriage and family therapist". Therefore, the
				  Louisiana Licensed Professional Counselors Board of Examiners establishes the
				  rules and regulations herein pursuant to the authority granted to, and imposed
				  upon said board under the provisions of the
Louisiana Revised
				  Statutes
, title 37, chapter 13,
				  R.S.
				  37:1101-1123.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1101-1123.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 1 - Licensed Professional Counselors › Chapter 1 - General Provisions › Section LX-105 - Vacancies

Current through Register Vol. 50, No. 6, June 20, 2024
A. The governor
				  shall fill, within 30 days, for the remainder of the term, any vacancy
				  occurring in board membership for an unexpired term from a list of qualified
				  candidates as prescribed in Section 1104(C) of
				  R.S.
				  37:1101-1122.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1101-1122.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 1 - Licensed Professional Counselors › Chapter 1 - General Provisions › Section LX-107 - Reimbursement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each board
				  member shall serve without compensation, but shall be reimbursed for actual
				  travel, incidental, and clerical expenses incurred while engaged on official
				  board business.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1101-1122.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 1 - Licensed Professional Counselors › Chapter 1 - General Provisions › Section LX-109 - Financially Self-Sufficient

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  board shall be financially self-sufficient. It shall receive no state funds
				  through appropriation or otherwise and shall not expend any such state funds.
				  No state funds shall be expended or committed to expenditure for the group
				  benefits program or any other health insurance or employee benefit program, for
				  any retirement system, for any salary, per diem payment, travel or expenses,
				  office supplies and materials, rent, purchase of any of any product or service,
				  or for any other purpose.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1101-1122.