reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 2 - Appraisers › Chapter 104 - Education Providers/Course Approval › Section LXVII-10419 - Video Presentations in Classroom Instruction

Current through Register Vol. 50, No. 6, June 20, 2024
A. Video presentations will be accepted for
				  qualifying and continuing education credit only when used as a training aid by
				  an instructor in a classroom setting.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:3395.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 2 - Appraisers › Chapter 104 - Education Providers/Course Approval › Section LXVII-10421 - Combining Appraisal and Real Estate Prelicensing Courses Prohibited

Current through Register Vol. 50, No. 6, June 20, 2024
A. Appraisal
				  courses combined with real estate salesperson and/or broker prelicensing
				  courses offered by schools certified by the Louisiana Real Estate Commission
				  and approved by the board as education providers will not be accepted by the
				  board as qualifying education.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:3395.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 2 - Appraisers › Chapter 104 - Education Providers/Course Approval › Section LXVII-10423 - Determination of Credit Hours for Qualifying Education

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each course credited toward an
				  individual's educational requirement must represent a progression in which the
				  individual's knowledge is increased. Full credit will not be granted to an
				  individual for courses completed which are repetitive in nature.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:3395.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 2 - Appraisers › Chapter 104 - Education Providers/Course Approval › Section LXVII-10425 - Final Examination on Additional Education Required by Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. A final
				  examination is required on courses administered for the purpose of additional
				  education when directed by the board. Completion of these courses shall be
				  evidenced by a certificate of course completion issued by the education
				  provider. Such courses shall not be used to satisfy the requirement for
				  continuing education in the applicable recertification period.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:3395.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 2 - Appraisers › Chapter 105 - Investigations and Adjudicatory Proceedings › Section LXVII-10501 - Investigations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board may,
				  upon its own motion, and shall, upon the verified complaint in writing of any
				  person, investigate the actions of a licensee or certificate holder, or any
				  person who assumes to act as such. Written complaints shall bear the signature
				  of the complainant or that of his legal representative before any action will
				  be taken thereon by the board.
B.
				  Upon documented probable cause, the executive director of the board may issue
				  written authorization to investigate apparent violations of the Louisiana Real
				  Estate Appraisers Law and/or the rules and regulations of the board.
C. Investigations shall be conducted by the
				  staff of the Louisiana Real Estate Appraisers Board and/or the Louisiana Real
				  Estate Commission.
D. If, during
				  the course of an investigation, documented probable cause is established
				  indicating that violations of the Louisiana Real Estate Appraisers Law and/or
				  the rules and regulations of the board have been committed by any licensee or
				  certificate holder other than the licensee or certificate holder against whom
				  the original complaint was made, the additional licensee or certificate
				  holder(s) may be added as respondent(s) to the investigation in the absence of
				  any written complaint alleging such violations.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:3395.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 2 - Appraisers › Chapter 105 - Investigations and Adjudicatory Proceedings › Section LXVII-10503 - Technical Assistance

Current through Register Vol. 50, No. 6, June 20, 2024
A. In any
				  investigation conducted by the staff of the commission, the chairman The
				  executive director of the board may be requested to assign may request a member
				  of the board to provide technical assistance to the investigator conducting the
				  from a member of the board in any investigation.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:3395.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 2 - Appraisers › Chapter 105 - Investigations and Adjudicatory Proceedings › Section LXVII-10505 - Cooperation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every licensee
				  or certificate holder shall cooperate fully with and answer all questions
				  propounded by the staff member(s) conducting an investigation.
B. Every licensee or certificate holder shall
				  produce any document, book, or record in his/her possession, or under his/her
				  control, concerning any matter under investigation.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:3395.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 2 - Appraisers › Chapter 105 - Investigations and Adjudicatory Proceedings › Section LXVII-10509 - Appellate Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Rehearings
1. An order of the board shall be
				  subject to rehearing, reopening or reconsideration by the board on receipt of a
				  written request from a respondent. An application for rehearing, reopening or
				  reconsideration must be postmarked or received at the office of the board
				  within 10 days from the date of entry of the order rendered by the
				  board.
2. The date of entry is the
				  date the order is issued by the board and entered into the record at the formal
				  adjudicatory proceedings.
3. The
				  request shall be reviewed by the board attorney for compliance with the
				  Administrative Procedure Act. A finding by the board attorney that the request
				  does not establish grounds for rehearing, reopening or reconsideration shall
				  result in a denial of the request.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 2 - Appraisers › Chapter 105 - Investigations and Adjudicatory Proceedings › Section LXVII-10511 - Costs of Adjudicatory Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
A. On a finding that a respondent has
				  committed the violation(s) as alleged in any formal or informal adjudicatory
				  proceeding, the respondent may be assessed the administrative costs of the
				  proceeding as determined by the board. Payment of these costs shall be a
				  condition of satisfying any order issued by the board.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:3395.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 2 - Appraisers › Chapter 105 - Investigations and Adjudicatory Proceedings › Section LXVII-10513 - Stay of Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  filing of a petition for judicial review does not itself stay enforcement of an
				  order issued by the board. A stay of enforcement will be granted only when
				  directed by the court conducting a judicial review of adjudication.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:3395.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 2 - Appraisers › Chapter 107 - Appraisal Management Companies › Section LXVII-10701 - Appraiser Requirements and Prohibitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. It shall be unlawful for a licensee or
				  certificate holder to enter into an agreement to perform valuation services,
				  written or otherwise, with an appraisal management company, or a person,
				  corporation, partnership, sole proprietorship, subsidiary, unit, or other
				  business entity that engages, or attempts to engage, in the activities of an
				  appraisal management company, as defined in
				  R.S.
				  37:3415.2(a)-(b), unless the
				  appraisal management company, person, corporation, partnership, sole
				  proprietorship, subsidiary, unit, or other business entity is licensed in
				  accordance with the Louisiana Appraisal Management Company Licensing and
				  Regulation Act.
B. A licensee or
				  certificate holder that performs valuation services for an appraisal management
				  company may include the license number of the appraisal management company in
				  all appraisal reports or other instruments used by the licensee or certificate
				  holder in conducting real property appraisal activities for the appraisal
				  management company.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:3395.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 3 - Appraisal Management Companies › Chapter 301 - Authority › Section LXVII-30101 - Adoption; Powers of the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The rules and regulations of the Louisiana Real Estate Appraisers Board
				  pertaining to the licensing and regulation of appraisal management companies
				  have been adopted pursuant to and in compliance with
				  R.S.
				  37:3415.1 et seq. Any violation of these
				  rules and regulations shall be sufficient cause for any disciplinary action
				  permitted by law.
B. The board
				  shall have the full power and authority to:
1. regulate the issuance of appraisal
				  management company licenses;
2.
				  censure appraisal management company licensees; and
3. suspend or revoke appraisal management
				  company licensees.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 3 - Appraisal Management Companies › Chapter 303 - Forms and Applications › Section LXVII-30301 - Initial License Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Applications for initial licensing as an appraisal management company shall be
				  in such form and detail as prescribed by
				  the board. Applicants shall submit all documentation requested on the
				  application and shall adhere to any directions and deadlines prescribed
				  therein.
B. Applications for
				  initial licensing as an appraisal management company shall include, at a
				  minimum, the following information:
1. the
				  name, business address, telephone number, and the email address of the
				  applicant;
2. the name, address,
				  and contact information of each individual or entity that has any interest in
				  the appraisal management company;
3. the name, address, and contact information
				  of the controlling person, as defined by
				  R.S.
				  37:3415.2;
4. the designation of an agent for service of
				  process.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 3 - Appraisal Management Companies › Chapter 303 - Forms and Applications › Section LXVII-30302 - Surety Bond Required; Amount and Conditions; Filing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicants for licensing as an appraisal
				  management company shall submit proof of a surety bond in the amount of $20,000
				  with a surety company qualified to conduct business in Louisiana.
B. Bonds shall be in favor of the state of
				  Louisiana and conditioned for the benefit of a claimant against the licensee
				  for a violation of the Appraisal Management Company Licensing and Regulation
				  Act and/or the rules and regulations of the board.
C. Bonds shall remain effective and in force
				  throughout the license period of the appraisal management company.
D. Proof of surety bond renewal shall be
				  provided to the board in conjunction with the annual renewal of the appraisal
				  management company license.
E.
				  Failure to maintain a surety bond shall be cause for revocation or suspension
				  of a license.
F. A licensee who
				  elects to submit a cash deposit or security in lieu of a surety bond, as
				  provided in R.S. 37:3515.3(D)(5), shall restore the cash deposit or security
				  annually upon license renewal, if a claim has reduced the deposit amount or
				  security below $20,000.
G. The
				  board may file suit on behalf of a party having a claim against a licensee or a
				  party having a claim may file suit directly against the surety bond. Suits
				  shall be filed within one year after the claim arises.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:3415.1 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 3 - Appraisal Management Companies › Chapter 303 - Forms and Applications › Section LXVII-30303 - License Renewal Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Each appraisal management company license shall be renewed annually. Timely
				  submission of a renewal application shall rest solely with the
				  licensee.
B. The renewal
				  application shall be in such form and detail as prescribed by the board and
				  shall be accompanied by all documentation requested therein. Applicants for a
				  renewal license shall adhere to all directions and deadlines prescribed within
				  the application.
C. When an
				  applicant has made a false statement of material fact on a license renewal
				  application, or in any related document submitted therein, such false statement
				  may in itself be grounds for refusal of a renewal license.
D. A licensee that fails to renew by the
				  expiration date of the annual license shall be prohibited from operating as an
				  appraisal management company in Louisiana until such time that the license has
				  been renewed and any further requirements of the board have been met.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:3415.1 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 3 - Appraisal Management Companies › Chapter 304 - Competency › Section LXVII-30401 - Appraiser License Verification

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Prior to making an assignment to a real estate fee appraiser, licensees shall
				  have a system in place to verify that the appraiser holds a license in good
				  standing in this state pursuant to the Louisiana Real Estate Appraisers Law,
				  R.S.
				  37:3391 et seq. Licensees may rely on the
				  National Registry of the Appraisal Subcommittee for purposes of appraiser
				  license verification. Before or at the time of making an assignment to a real
				  estate fee appraiser, licensees shall obtain a written certification from the
				  appraiser that he or she:
1. is competent in
				  the property type of the assignment;
2. is competent in the geographical area of
				  the assignment;
3. has access to
				  appropriate data sources for the assignment;
4. will immediately notify the licensee in
				  writing if the appraiser later determines that he or she is not qualified to
				  complete the assignment; and
5. is
				  aware that misrepresentation of competency may be subject to the mandatory
				  reporting requirement in the most current version of the
Uniform
				  Standards of Professional Appraisal Practice
(USPAP).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 3 - Appraisal Management Companies › Chapter 305 - Responsibilities and Duties › Section LXVII-30501 - Record Keeping

Current through Register Vol. 50, No. 6, June 20, 2024
A. Licensees
				  shall maintain the following records in a complete and accurate manner:
1. all requests for appraisal services that
				  have been referred to state certified real estate appraisers by the appraisal
				  management company;
2. the amount
				  of fees collected from borrowers or clients by the appraisal management
				  company;
3. all payments made by
				  the appraisal management company to any state licensed real estate
				  appraiser;
4. any and all related
				  documents, correspondence, accounts, reports, papers, books, or
				  records.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 3 - Appraisal Management Companies › Chapter 307 - Prohibited Activities › Section LXVII-30701 - Improper Influence

Current through Register Vol. 50, No. 6, June 20, 2024
A. Licensees
				  shall not permit an agent, or anyone acting on behalf of the licensee, to
				  engage in any of the following activities:
1.
				  requiring the appraiser to collect the appraisal fee from a borrower, homeowner
				  or third party;
2. requiring the
				  appraiser to provide the appraisal management company with the appraiser's
				  digital signature or seal;
3.
				  altering, amending, or changing an appraisal report submitted by a licensed or
				  certified appraiser by removing the appraiser's signature or seal or by adding
				  or removing information to or from the appraisal report;
4. removing an independent appraiser from the
				  appraisal management company's panel without prior written notice that includes
				  supporting evidence that:
a. the appraiser
				  has acted illegally;
b. the
				  appraiser has violated the Uniform Standards of Professional Appraisal
				  Practice, or other applicable state statutes or rules; or
c. the appraiser has had substandard
				  performances or otherwise acted in an improper or unprofessional
				  manner.
5. entering into
				  agreements with independent appraisers, unless the appraisers are licensed as a
				  Residential Certified Real Estate Appraiser or General Certified Real Estate
				  Appraiser and in good standing with the Louisiana Real Estate Appraisers
				  Board;
6. requesting an appraiser
				  to provide an estimated, predetermined, or desired value in an appraisal report
				  or to provide estimated values or comparable sales at any time before the
				  appraisal report is completed;
7.
				  committing an act or practice that impairs, or attempts to impair, an
				  appraisers independence, objectivity or impartiality;
8. making referrals to Louisiana appraisers
				  for appraisal services during any period in which the appraisal management
				  company license has expired; or
9.
				  requiring an appraiser to indemnify it or hold it harmless from any liability,
				  damage, losses or claims arising out of the services provided by it. This
				  prohibition shall not preclude indemnification agreements for services
				  performed by the appraiser.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 3 - Appraisal Management Companies › Chapter 307 - Prohibited Activities › Section LXVII-30703 - Exemptions to Prohibited Activities

Current through Register Vol. 50, No. 6, June 20, 2024
A. It shall not be deemed a prohibitive
				  activity to:
1. provide an appraiser with a
				  copy of the sales contract for a purchase transaction;
2. request additional information from an
				  independent appraiser about the basis for a valuation;
3. request that an independent appraiser
				  correct factual errors in an appraisal report; or
4. request that an independent appraiser
				  provide further substantiation, detail, or explanation for the appraiser's
				  value conclusion.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 3 - Appraisal Management Companies › Chapter 309 - Disciplinary Authority; Enforcement and Hearings › Section LXVII-30900 - Investigations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board may,
				  upon its own motion, and shall, upon the verified complaint in writing of any
				  person, investigate the actions of a licensee or certificate holder, or any
				  person who assumes to act as such. Written complaints shall bear the signature
				  of the complainant or that of his legal representative before any action will
				  be taken thereon by the board.
B.
				  The executive director of the board may issue written authorization to
				  investigate apparent violations of the Louisiana Appraisal Management Company
				  Licensing and Regulation Act and/or the rules and regulations of the
				  board.
C. Investigations shall be
				  conducted by the staff of the Louisiana Real Estate Appraisers Board and/or the
				  Louisiana Real Estate Commission.
D. If, during the course of an investigation,
				  information is established indicating that violations of the Louisiana
				  Appraisal Management Company Licensing and Regulation Act and/or the rules and
				  regulations of the board have been committed by any licensee other than the
				  licensee against whom the original complaint was made, the additional licensee
				  may be added as a respondent to the investigation in the absence of any written
				  complaint alleging such violations.
E. The board may file suit in the Nineteenth
				  Judicial District Court in the parish of East Baton Rouge to enforce a subpoena
				  against any person that does not comply with a subpoena issued by the
				  board.
F. Full or partial
				  compliance audits may be authorized by the executive director, or by
				  affirmative vote of the board, to determine compliance with all provisions of
				  applicable law and rules. A maximum of 10 percent of all registered licensees
				  may be subject to audit in any calendar year. Licensees selected for audit
				  shall be given 10 days written notice prior to commencement of the
				  audit.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:3415.1 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 3 - Appraisal Management Companies › Chapter 309 - Disciplinary Authority; Enforcement and Hearings › Section LXVII-30901 - Causes for Censure, Suspension, Revocation, or Denial of a License

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Louisiana
				  Real Estate Appraisers Board may censure, deny, suspend, or revoke an appraisal
				  management company license, or may restrict or limit the activities of an
				  appraisal management company or a person who owns an interest in or
				  participates in the business of the appraisal management company, if the board
				  finds that any of the following circumstances apply.
1. The application for licensing is found to
				  contain statements that, in light of the circumstances under which they were
				  made, are false or misleading with respect to a material fact.
2. The licensee has failed to comply with the
				  rules and regulations of the board and/or the Louisiana Appraisal Management
				  Company Licensing and Regulation Act.
3. The licensee's controlling principal has
				  pled or been found guilty to a felony or within the past ten years has pled
				  guilty or been convicted of a misdemeanor involving mortgage lending or real
				  estate appraising or has committed an offense involving breach of trust, moral
				  turpitude, fraudulent or dishonest dealings.
4. The licensee is permanently or temporarily
				  enjoined by a court of competent jurisdiction from engaging in or continuing to
				  conduct any practice involving appraisal management services or operation of an
				  appraisal management company.
5.
				  The licensee is the subject of an order by the board denying, suspending, or
				  revoking the licensee's privilege to operate as an appraisal management company
				  in Louisiana.
6. The licensee acted
				  as an appraisal management company while not properly licensed by the
				  board.
7. The licensee failed to
				  notify the board within ten days of any disciplinary action imposed against the
				  licensee, its owners, or employees in any state.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 3 - Appraisal Management Companies › Chapter 309 - Disciplinary Authority; Enforcement and Hearings › Section LXVII-30903 - Appellate Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Rehearings
1. An order of the board shall be
				  subject to rehearing, reopening, or reconsideration by the board on receipt of
				  a written request from a respondent. An application for rehearing, reopening,
				  or reconsideration must be postmarked or received at the office of the board
				  within 10 days from the date of entry of the order rendered by the
				  board.
2. The date of entry is the
				  date the order is issued by the board and entered into the record at the formal
				  adjudicatory proceedings.
3. The
				  request shall be reviewed by the board attorney for compliance with the
				  Administrative Procedure Act. A finding by the board attorney that the request
				  does not establish grounds for rehearing, reopening or reconsideration shall
				  result in a denial of the request.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 3 - Appraisal Management Companies › Chapter 309 - Disciplinary Authority; Enforcement and Hearings › Section LXVII-30905 - Costs of Adjudicatory Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
A. On a finding that a respondent has
				  committed the violation(s) as alleged in any formal or informal adjudicatory
				  proceeding, the respondent may be assessed the administrative costs of the
				  proceeding as determined by the board. Payment of these costs shall be a
				  condition of satisfying any order issued by the board.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:3415.1 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 3 - Appraisal Management Companies › Chapter 309 - Disciplinary Authority; Enforcement and Hearings › Section LXVII-30907 - Stay of Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  filing of a petition for judicial review does not itself stay enforcement of an
				  order issued by the board. A stay of enforcement will be granted only when
				  directed by the court conducting a judicial review of adjudication.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:3415.1 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 3 - Appraisal Management Companies › Chapter 311 - Compensation of Fee Appraisers › Section LXVII-31101 - General Provisions; Timely Payment

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except in the case of breach of contract
				  or substandard performance of real estate appraisal activity, an appraisal
				  management company shall make payment to an independent contractor appraiser
				  for the completion of an appraisal or appraisal review assignment within 30
				  days after the appraiser provides the completed appraisal report to the
				  appraisal management company.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 37:3415.1 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 3 - Appraisal Management Companies › Chapter 311 - Compensation of Fee Appraisers › Section LXVII-31103 - Disclosure

Current through Register Vol. 50, No. 6, June 20, 2024
A. When an
				  appraisal obtained through an appraisal management company is used for loan
				  purposes, the borrower or loan applicant shall be provided with a written
				  disclosure of the total compensation to the appraiser or appraisal firm within
				  the certification body of the appraisal report that is transmitted to the
				  client/intended end user and it shall not be redacted or otherwise
				  obscured.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:3415.1 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXIX - Registered Dietitians/Nutritionists › Chapter 1 - Dietitians/Nutritionists › Section LXIX-103 - Qualifications for Licensure

Current through Register Vol. 50, No. 6, June 20, 2024
A. Regular
				Licensure
1. Academic Requirements. An
				applicant for licensure shall submit to the board, evidence of having earned a
				baccalaureate or post-baccalaureate degree granted by a U.S. regionally
				accredited college or university, or foreign equivalent and meet minimum
				academic requirements approved by the Accreditation Council for Education in
				Nutrition and Dietetics (ACEND).
2.
				Professional Experience. An applicant for licensure shall submit to the board
				evidence of having successfully completed a planned continuous supervised
				practice program approved by the board of not less than 900 hours under the
				supervision of a registered dietitian or a licensed dietitian/nutritionist. The
				board has designated a supervised practice program accredited by ACEND as the
				board-approved program of planned supervised practice program. Applicant must
				present verification statement from an ACEND accredited program dated no later
				than five years after completion of the academic requirements.
3. Examination for Licensure. An applicant
				for licensure shall submit to the board evidence of having successfully passed
				an examination approved by the board. The board recognizes the registration
				examination for dietitians/nutritionists administered by the CDR as the
				board-approved exam.
4. Continuing
				Education Requirements. The board recognizes the CDR professional development
				portfolio (PDP) system as fulfilling the continuing education requirement for
				license renewal. Requirements for continuing education are considered to be met
				if a current CDR card is provided by the licensee to the board annually.
5. Applicants who are currently
				registered by CDR are deemed to meet the academic, professional experience,
				examination, and continuing education requirements for licensure.
6. Applicants who hold a doctoral degree
				granted prior to July 1, 1988, in addition to a baccalaureate or higher degree
				from a regionally accredited college or university with a major course of study
				in human nutrition, food and nutrition, dietetics, food systems management or
				biochemistry shall have met the requirements for licensure, as long as the
				persons application was approved by the board, and license and fees have been
				renewed as prescribed by the board.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXIX - Registered Dietitians/Nutritionists › Chapter 1 - Dietitians/Nutritionists › Section LXIX-105 - Licensing of Dietitians/Nutritionists Practicing Telenutrition

Current through Register Vol. 50, No. 6, June 20, 2024
A. The practice of
				dietetics/nutrition occurs where the patient or client is located at the time
				of the dietetic practitioner-patient encounter. Real-time communication, the
				primary method of telenutrition, consists of a dietetic/ nutrition practitioner
				and the patient present at the same time, but in different locations.
B. When telenutrition is used and the
				dietetic/nutrition practitioner and the patient or client are located in
				different states, the dietetic/nutrition practitioner providing the patient
				care services must be licensed in the state where the patient is
				located.
C. Dietetic/Nutrition
				practitioners working in Louisiana must be licensed in the State of Louisiana
				according to
				R.S.
				37:3081 to
				R.S.
				37:3094. It is the responsibility of the
				dietetic/nutrition practitioner to become aware of the licensure laws and
				regulations in any state in which they seek to provide their
				services.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3081-3093 and
				  R.S.
				  36:259(Q).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXIX - Registered Dietitians/Nutritionists › Chapter 1 - Dietitians/Nutritionists › Section LXIX-107 - Qualifications for Reciprocity (Formerly section 105)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board may grant a license by
				endorsement to any person who presents proof of current licensure as a
				dietitian or nutritionist in another state, District of Columbia, or territory
				of the United States which requires standards for licensure considered by the
				board to be equivalent to the requirements for licensure as prescribed in this
				Chapter.
B. All application
				materials shall be completed and the reciprocity and license fees shall be paid
				by the applicant. The board may request verification of the applicant's status
				with that agency at the time of application.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3081-3093;
				  R.S.
				  36:259(Q).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXIX - Registered Dietitians/Nutritionists › Chapter 1 - Dietitians/Nutritionists › Section LXIX-109 - Licensing of Dietitians/Nutritionists Trained in a Foreign Country (Formerly 107)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person who
				has been trained as a dietitian/nutritionist in a foreign country and who
				desires to be licensed under the act may make application if the individual:
1. holds a degree from an education program
				which has been evaluated by an approved credentialing evaluation agency, ACEND
				as equivalent to the baccalaureate or higher degree conferred by universities
				or colleges regionally accredited by the council on post-secondary
				accreditation and the U.S. Department of Education and meets equivalent
				academic requirements;
a. submits to the
				board any diploma or other document required for a foreign graduate applicant.
				A diploma or other document which is not in the English language must be
				accompanied by a certified translation thereof in English by an approved
				credentials evaluation service;
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXIX - Registered Dietitians/Nutritionists › Chapter 1 - Dietitians/Nutritionists › Section LXIX-111 - Application for Licensure and/or Provisional Licensure (Formerly section 109)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Application for
				license or provisional license must be upon the form and in the manner and fee
				prescribed by the board.
B. Every
				application shall be typed or written in ink, signed under the penalty of
				perjury and accompanied by the appropriate non-refundable application fee and
				by such evidence, statements or documents showing to the satisfaction of the
				board that applicant meets requirements of
				R.S.
				37:3086(A), (B) or
				(C).
C. Applications are to be submitted to the
				address designated by the board.
D.
				Approved applications and all document files in support thereof shall be
				retained by the board.
E. The board
				will not consider an application complete until all information is
				received.
F. The board will send a
				notice to an applicant who does not fully complete the application, listing the
				additional materials required.
G.
				The application for a license shall contain such information as the board may
				reasonably require.
H. The
				submission of an application for licensing to the board shall constitute and
				operate as an authorization and consent by the applicant to the board to
				disclose and release any information or documentation set forth in or submitted
				with the applicant's application or obtained by the board from other sources as
				required.
I. An applicant who meets
				all the requirements of
				R.S.
				37:3086 or 3087 and who has worked more than
				30 days as a dietitian/nutritionist in the state of Louisiana and who has not
				otherwise violated any part of
				R.S.
				37:3081-3093 or its rules and regulations, may
				be offered the following options in the form of a consent agreement and order
				to resolve the situation:
1. applicant is
				reprimanded for practicing as a dietitian and/or nutritionist in Louisiana
				without a license;
2. within 90
				days of the date of the Consent Agreement and Order, applicant shall take and
				pass an open book examination covering the Louisiana Dietetic/Nutrition
				Practice Act and the board's rules and regulations to include Code of Ethics
				for Professional Conduct;
3.
				applicant must make a minimum score of 80 percent on the open book examination
				and will be allowed three hours to complete the examination at the board
				office. Applicant must pay applicable examination fee;
4. the consent agreement and order shall be
				considered disciplinary action and will be published by LBEDN.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXIX - Registered Dietitians/Nutritionists › Chapter 1 - Dietitians/Nutritionists › Section LXIX-112 - Gratuitous Service during a Declared Public Health Emergency

Current through Register Vol. 50, No. 6, June 20, 2024
A. In a public
				health emergency lawfully declared as such by the governor of Louisiana, the
				requirement for a Louisiana license as a licensed dietitian/nutritionist or
				provisional licensed dietitian/nutritionist may be suspended by the board at
				that time to those out of state licensed dietitians/nutritionists or
				provisional licensed dietitian/nutritionists, whose licenses, certifications or
				registrations are current and unrestricted in another jurisdiction of the
				United States, for a period of time not to exceed the duration and scope of
				R.S.
				29:769(E), as more
				particularly set forth in this rule.
B. The following requirements for temporary
				registration may be imposed pursuant to the declared state of emergency and
				shall be in accordance with rules promulgated by the board.
C.A licensed dietitian/nutritionist or
				provisional licensed dietitian/nutritionist not licensed in Louisiana, whose
				licenses and CDR registrations are current and unrestricted in another
				jurisdiction of the United States, may gratuitously provide dietetic/nutrition
				services if:
1. the licensed
				dietitian/nutritionist or provisional dietitian/nutritionist has photo
				identification and a license to verify a current and unrestricted license,
				certification or registration in another jurisdiction of the United States, and
				properly registers with the board prior to providing dietetic/nutrition
				services in Louisiana as follows:
a. the
				dietitian/nutritionist or provisional dietitian/nutritionist is engaged in a
				legitimate relief effort during the emergency period, and provides satisfactory
				documentation to the board of the location site(s) that he will be providing
				gratuitous dietetic/nutrition services;
b. the dietitian/nutritionist or provisional
				dietitian/nutritionist shall comply with the Louisiana Dietetic/Nutrition
				Practice Act, board rules and regulations, and other applicable laws, as well
				as practice in good faith, and within the reasonable scope of his skill,
				training, and ability; and
c. the
				dietitian/nutritionist or provisional dietitian/nutritionist renders services
				on a gratuitous basis with no revenue of any kind to be derived whatsoever from
				the provision of services within the state of Louisiana.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXIX - Registered Dietitians/Nutritionists › Chapter 1 - Dietitians/Nutritionists › Section LXIX-113 - Issuance and Renewal of Licensure (Formerly section 111)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board recognizes two distinct types of
				licensure. Applicants may be issued a regular license or a provisional license
				based on compliance with requirements stated in the Louisiana
				Dietitian/Nutritionist Practice Act and described in these regulations. The
				board shall issue a license to any person who meets the requirements upon
				payment of the license fee prescribed.
B. Regular License
1. The board may issue a regular license to
				any dietitian/nutritionist who qualifies in accordance with the requirements of
				R.S.
				37:3086(A), (B) or (C), and
				who practices in Louisiana, whether resident or nonresident, unless otherwise
				exempted as stated in
				R.S.
				37:3093 of the Dietetic/Nutritionist Practice
				Act and these regulations. The board will send each applicant whose credentials
				have been approved a license.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXIX - Registered Dietitians/Nutritionists › Chapter 1 - Dietitians/Nutritionists › Section LXIX-115 - Gratuitous Service during a Declared Public Health Emergency (Formerly section 112)

Current through Register Vol. 50, No. 6, June 20, 2024
A. In a public
				health emergency lawfully declared as such by the governor of Louisiana, the
				requirement for a Louisiana license as a licensed dietitian/nutritionist or
				provisional licensed dietitian/nutritionist may be suspended by the board at
				that time to those out of state licensed dietitians/nutritionists or
				provisional licensed dietitian/nutritionists, whose licenses, certifications or
				registrations are current and unrestricted in another jurisdiction of the
				United States, for a period of time not to exceed the duration and scope of
				R.S.
				29:769(E), as more
				particularly set forth in this rule.
B. The following requirements for temporary
				registration may be imposed pursuant to the declared state of emergency and
				shall be in accordance with rules promulgated by the board.
C. A licensed dietitian/nutritionist or
				provisional licensed dietitian/nutritionist not licensed in Louisiana, whose
				licenses and CDR registrations are current and unrestricted in another
				jurisdiction of the United States, may gratuitously provide dietetic/nutrition
				services if:
1. the licensed
				dietitian/nutritionist or provisional dietitian/nutritionist has photo
				identification and a license to verify a current and unrestricted license,
				certification or registration in another jurisdiction of the United States, and
				properly registers with the board prior to providing dietetic/nutrition
				services in Louisiana as follows:
a. the
				dietitian/nutritionist or provisional dietitian/nutritionist is engaged in a
				legitimate relief effort during the emergency period, and provides satisfactory
				documentation to the board of the location site(s) that he will be providing
				gratuitous dietetic/nutrition services;
b. the dietitian/nutritionist or provisional
				dietitian/nutritionist shall comply with the Louisiana Dietetic/Nutrition
				Practice Act, board rules and regulations, and other applicable laws, as well
				as practice in good faith, and within the reasonable scope of his skill,
				training, and ability; and
c. the
				dietitian/nutritionist or provisional dietitian/nutritionist renders services
				on a gratuitous basis with no revenue of any kind to be derived whatsoever from
				the provision of services within the state of Louisiana.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXIX - Registered Dietitians/Nutritionists › Chapter 1 - Dietitians/Nutritionists › Section LXIX-119 - Denial, Suspension or Revocation of License (Formerly section 115)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Certificate
				denial, suspension or revocation shall be accomplished in accordance with
				Section 3090(A) of
				R.S.
				37:3081-3094, the state Administrative
				Procedures Act, and the procedural rules provided in Chapter 5
				hereof.
B. The board may refuse to
				issue a license, or suspend, revoke or impose probationary conditions and
				restrictions on the license of a person on a finding of any of the causes
				provided by Section 3090 of the Louisiana Dietetic/Nutrition Practice
				Act.
C. A suspended license shall
				be subject to expiration and may be renewed as provided in this section, but
				such renewal shall not entitle the licensee, while the license remains
				suspended and until he or she is reinstated, to engage in the practice of
				dietetics and/or nutrition, or in any other conduct or activity in violation of
				the order of judgment by which the license was suspended. If a license is
				revoked on disciplinary grounds and is reinstated, the licensee, as a condition
				of reinstatement, shall pay the renewal fee and any late fee that may be
				applicable.
D. Disciplinary Options
				for Licensees Available to the board. In accordance with
				R.S.
				37:3085,
				R.S.
				37:3088, and
				R.S.
				37:3090, the following disciplinary options
				are available to the board:
1. Revocation.
				The involuntary termination of the licensee's license.
2. Suspension. The licensee is not permitted
				to practice for a specified period of time. Rehabilitative conditions may be
				imposed to run concurrently with the suspension period.
3. Probation. The licensee is permitted to
				practice, but the board has imposed conditions upon the practice or the
				practitioner. Once the time period has elapsed, and the licensee has complied
				with the terms of probation, the board will allow the practitioner to resume
				practice unconditionally.
4.
				Restriction of License. A reduction in the scope of practice.
5. Censure. The board makes an official
				statement of censure concerning the individual.
6. Reprimand. Similar to censure. The board
				reproves the licensee.
7.
				Restitution. Requirement imposed upon the licensee that he or she makes
				financial or other restitution to a client, the board, or other injured
				party.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXIX - Registered Dietitians/Nutritionists › Chapter 1 - Dietitians/Nutritionists › Section LXIX-121 - Prohibited Practice (Formerly section 117)

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person shall engage in the practice of
				dietetics/nutrition in the state of Louisiana unless they have a current
				license duly issued by the board under the provisions of Chapter 1 of these
				rules, unless exempted as defined in
				R.S.
				37:3093 of the Act.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3081-3093 and
				  R.S.
				  36:259(Q).