reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIX - Hearing Aid Dealers › Chapter 1 - Organization of Board for Hearing Aid Dealers › Section XXXIX-101 - Offices of the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. The offices
				of the Louisiana Board for Hearing Aid Dealers shall be at 100 South Pavilion
				Circle, Room 107, West Monroe, LA 71292. It may have offices at such other
				places as the board may designate from time to time or as the business of the
				board may require.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2457.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIX - Hearing Aid Dealers › Chapter 1 - Organization of Board for Hearing Aid Dealers › Section XXXIX-103 - Meetings of the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. As required
				by R.S.
				37:2458, the Louisiana Board for Hearing Aid
				Dealers shall meet at least once each year in the second week of January, and
				should the designated day be a recognized state holiday, then on the first
				legal day following. This date shall be designated as the annual meeting of the
				Louisiana Board for Hearing Aid Dealers.
B. At such annual meeting the members of the
				Louisiana Board for Hearing Aid Dealers shall elect by majority vote of those
				members present a chairman and a secretary-treasurer, who will serve in such
				office until the next annual meeting.
C. The chairman of the Louisiana Board for
				Hearing Aid Dealers shall also have the authority to call other meetings of the
				board to carry out the purposes of the board, provided that written notices of
				such meetings are mailed to the last known address of all members of the board
				at least 30 days before such meeting.
D. Unless otherwise specified for in other
				Sections of these bylaws, a majority of the board shall constitute a quorum for
				the transaction of business at any meeting, annual or special, and any business
				transaction shall be legal, valid and binding.
E. The members of the Louisiana Council of
				Advisors to the Board for Hearing Aid Dealers shall be notified of all meetings
				of the board in the same manner and method as the members of the
				board.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:2457,
				  R.S.
				  37:2458 and
				  R.S.
				  37:2460.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIX - Hearing Aid Dealers › Chapter 1 - Organization of Board for Hearing Aid Dealers › Section XXXIX-105 - Duties and Powers of the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				It shall be the duty of the chairman to preside at all meetings, or in case of
				his inability to attend any meeting, to designate one of the members of the
				board to preside in his stead. He will exercise a general supervision of the
				affairs of the board and it shall have the usual powers of such office and any
				other powers and duties as the board may direct. He shall, with the
				secretary-treasurer, sign all licenses and certificates issued by the
				board.
B. It shall be the duty of
				the secretary-treasurer to keep all the minutes and records of the board. He
				shall have custody of all monies received by the board including application
				fees, license fees, renewal fees, fines, penalties, and other payments. He
				shall be responsible, with the approval of the board, for the preparation of
				the annual budget of the board and the approval of the budget. He shall, with
				the chairman, sign all licenses and certificates issued by the board. The
				secretary-treasurer will execute a bond in the amount and manner acceptable to
				the board. The premium on said bond is to be paid for out of the funds in the
				hands of the board.
C. The powers
				of the board are defined in Section 17 of Act 302 of 1968 of the Louisiana
				Legislature, and are hereby made a part of these bylaws.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:2457 and
				  R.S.
				  37:2460.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIX - Hearing Aid Dealers › Chapter 1 - Organization of Board for Hearing Aid Dealers › Section XXXIX-107 - Committees

Current through Register Vol. 50, No. 6, June 20, 2024
A. The chairman of
				the Louisiana Board for Hearing Aid Dealers shall have the authority to appoint
				committees to assist the board in any and all matters regarding the purposes of
				the board, provided that all persons so appointed must be licensed hearing aid
				dealers and each committee so appointed will contain at least one member who
				shall also be a member of the Louisiana Board for Hearing Aid Dealers, who
				shall be appointed to head the committee.
B. Any and all members of any committee
				appointed by the chairman shall serve at the discretion of the
				chairman.
C. All committees
				appointed by the chairman shall present written reports of activities,
				accomplishments, and proposed programs at all meetings of the Louisiana Board
				for Hearing Aid Dealers.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:2457.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIX - Hearing Aid Dealers › Chapter 3 - Ethics › Section XXXIX-301 - Unethical Conduct

Current through Register Vol. 50, No. 6, June 20, 2024
A. It shall be
				the responsibility of each holder of a license, temporary training permit, or
				certificate of endorsement under
				R.S.
				37:2441-2465 to be familiar with and to avoid
				commission of any of the acts regarded as unethical practices by the Act. Full
				responsibility for the ethical conduct of a temporary training permit holder
				shall rest with the license or certificate holders who sponsored his
				application for a temporary training permit; provided, however, that such
				sponsoring license or certificate holders may relieve themselves of such
				responsibility by discharging the holder of the temporary training permit,
				returning said license by registered mail, to the board, together with a letter
				explaining fully the circumstances under which the temporary training permit
				holder was separated from the employment of the sponsor(s). If the certificate
				cannot be returned, full explanation shall be included in same
				letter.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2457.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIX - Hearing Aid Dealers › Chapter 3 - Ethics › Section XXXIX-303 - Ethics Committee

Current through Register Vol. 50, No. 6, June 20, 2024
A. There shall
				be appointed by the chairman of the Board for Hearing Aid Dealers an Ethics
				Committee of not less than five members, each of whom must be from a different
				district, and one of whom shall be a member of the board who shall serve as
				chairman.
B. The Ethics Committee
				will meet at the discretion of its chairman.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:2457 and
				  R.S.
				  37:2453.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIX - Hearing Aid Dealers › Chapter 3 - Ethics › Section XXXIX-305 - Purpose of Ethics Committee

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				purpose of the Ethics Committee is to investigate all written complaints
				regarding violations of Act 302 of 1968 of the legislature of the state of
				Louisiana either of licensed hearing aid dealers or of any other person or
				entities. It is a further purpose of this committee to render written opinions
				to any person applying in writing for same, regarding proposed actions by the
				applying party.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:2457.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIX - Hearing Aid Dealers › Chapter 5 - Application for License › Section XXXIX-501 - Application Forms; Fee

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every
				person requesting an application for a license or certificate of endorsement
				under this act shall be furnished the necessary form.
B. The application forms shall be designed to
				provide the board with the information necessary to satisfy itself that all
				requirements pertaining to Act 302 of 1968 of the legislature of the state of
				Louisiana are being fulfilled.
C.
				Failure to complete all forms and provide all information required may be just
				cause for the application to be rejected by the board and returned to the
				applicant.
D. The application shall
				be accompanied by a cashiers check or postal money order in the amount
				specified by this act. It shall be understood by the applicant that the
				application fee is to cover the cost of administration and shall not be
				refunded.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:2445 and
				  R.S.
				  37:2457.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIX - Hearing Aid Dealers › Chapter 5 - Application for License › Section XXXIX-503 - Applications, Temporary Training Permit Notarized

Current through Register Vol. 50, No. 6, June 20, 2024
A. All applications shall be subscribed by
				the applicant and sworn to by him before a notary public, and in the case of a
				temporary training permit, the sponsor's statement shall also be
				notarized.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:2448,
				  R.S.
				  37:2449 and
				  R.S.
				  37:2457.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIX - Hearing Aid Dealers › Chapter 5 - Application for License › Section XXXIX-505 - False Information in Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person furnishing false information in
				such application shall be denied the right to the examination, or if the
				applicant has already been licensed before the falseness of such information
				has been made known to the board, such license shall be subject to suspension
				or revocation and the applicant may be subject to prosecution for fraud and/or
				perjury.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:2445 and
				  R.S.
				  37:2457.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIX - Hearing Aid Dealers › Chapter 7 - Examination › Section XXXIX-701 - Dates

Current through Register Vol. 50, No. 6, June 20, 2024
A. Examinations for
				applicants applying for license shall be given during the month of January of
				each year and on any other dates that the board may designate.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:2446 and
				  R.S.
				  37:2457.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIX - Hearing Aid Dealers › Chapter 7 - Examination › Section XXXIX-703 - Proctored by the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				examinations for licensing shall be proctored by the board.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:2447 and
				  R.S.
				  37:2457.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIX - Hearing Aid Dealers › Chapter 7 - Examination › Section XXXIX-705 - Written Notice of Examination Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. All applicants for licensing will be given
				written notice of the pending examination at least 30 days before the date of
				the examination. Such written notice should contain the exact time of the
				examination and the location of the examination.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:2457.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIX - Hearing Aid Dealers › Chapter 7 - Examination › Section XXXIX-707 - Contents of Examination

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Examinations shall be both written and practical and shall be reviewed from
				time to time by the board with the objective of keeping them current with the
				accepted knowledge of the field of hearing aid audiology.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:2446,
				  R.S.
				  37:2447 and
				  R.S.
				  37:2457.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIX - Hearing Aid Dealers › Chapter 7 - Examination › Section XXXIX-709 - Name Not to Appear on Examination

Current through Register Vol. 50, No. 6, June 20, 2024
A. At the examination, each applicant will be
				furnished with an identification number, which the applicant is to record on
				his examination. The name of the applicant is not to appear on his
				examination.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:2457.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIX - Hearing Aid Dealers › Chapter 7 - Examination › Section XXXIX-711 - Grading of Examination

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				examination of each applicant is to be graded by board members who do not
				reside in the district of the applicant. They shall not be furnished with the
				applicant's name, but only his identification number.
B. The board members assigned to grade the
				examinations of each applicant shall file with the board within 30 days after
				the examination:
1. the
				examination;
2. a joint written
				report of their opinion as to the qualification of the applicant; and
3. their reasons therefor.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIX - Hearing Aid Dealers › Chapter 7 - Examination › Section XXXIX-713 - Board's Decision

Current through Register Vol. 50, No. 6, June 20, 2024
A. At the next
				meeting of the board following the receipt of the written report by the board
				examiners, the board shall then consider the examination of the applicant, the
				said joint written report, the opinion of the board examiners as to the
				qualifications of the applicant, and their reasons therefor, and shall by
				majority vote determine whether the applicant is qualified to receive a
				license. The joint written report will be used as a guide by the board, but the
				board's decision will be final.
B.
				There will be no rehearing or appeal from the decision of the board regarding
				the granting or denial of an application for a license.
C. Within 10 days after the decision of the
				board, the board shall notify in writing the applicant regarding the board's
				decision to grant or deny a license to the applicant.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:2448 and
				  R.S.
				  37:2457.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIX - Hearing Aid Dealers › Chapter 9 - License › Section XXXIX-901 - Display of License

Current through Register Vol. 50, No. 6, June 20, 2024
A. On his
				application to the board each hearing aid dealer shall state the name and
				location of the office or place of business where his license or certificate
				will be regularly displayed. Such office shall be accessible to the public
				during reasonable business hours and shall contain adequate equipment and
				supplies for serving the needs of the licensee's clientele and such office and
				equipment shall at all times be kept in a sanitary condition.
B. In any case where the office of a license
				or a certificate holder is to be removed from the address shown in the files of
				the secretary-treasurer of the board, notice of such change must be filed with
				the secretary-treasurer, together with the new address, within five working
				days of such removal. Failure to give such notice shall be deemed just cause by
				the board to refuse him renewal of license.
C. An identification card will be issued to
				each license or certificate holder which shall list the location of the office
				where his certificate is displayed and which he shall be required to keep in
				his possession at all times during the performance of his duties. On the
				request of any client or prospective client, a board member, or any peace
				officer, he shall permit identification card to be inspected for the purpose of
				identification.
D. In any case
				where a temporary training permit holder is separated from the employment of
				his sponsor(s) for any cause, he shall surrender his identification card to his
				sponsor(s) for return to the board with his temporary permit. Upon application
				of a new sponsor and/or co-sponsor, a new identification card will be issued to
				the temporary training permit holder and his certificate shall be forwarded to
				his new sponsor and/or co-sponsor.
E. All persons holding temporary training
				permits must work out of the office of the sponsor or co-sponsor, where the
				sponsor or co-sponsor is permanently and regularly located, and must be
				directly supervised by the fully licensed sponsor or co-sponsor. Exceptions to
				this ruling must be hardship cases, such as death or disabling illness of sole
				owner of business. Each case to be handled individually by the board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2443 and
				  R.S.
				  37:2457.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIX - Hearing Aid Dealers › Chapter 9 - License › Section XXXIX-903 - Revocation or Suspension of License

Current through Register Vol. 50, No. 6, June 20, 2024
A. Ethics Committee's Procedure
1. Upon receipt of a valid written complaint,
				the Ethics Committee shall furnish to the accused party a copy of the written
				complaint, and shall request from the accused party a written answer to the
				said complaint.
2. In addition to
				the written answer of the accused party, the accused party shall also have the
				right to appear before the Ethics Committee in person to make any explanations
				or to give testimony in his defense.
3. After the Ethics Committee has
				investigated and considered the complaint, and if the committee is of the
				opinion that the complaint is justified and that disciplinary action is needed,
				it shall then file a written report of its findings of fact and opinion with
				the board.
4. If the committee is
				of the opinion that the complaint is not justified, then, in that event, it
				shall notify the complaining party and the accused party in writing of their
				decision.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIX - Hearing Aid Dealers › Chapter 11 - Status of Bylaws › Section XXXIX-1101 - Status

Current through Register Vol. 50, No. 6, June 20, 2024
A. These bylaws
				being for the regulation of the practice of selling and fitting hearing aids
				and the protection of the hearing handicapped public, the provisions hereby are
				declared to be separable and the invalidity of any rules, Clause, sentence,
				Paragraph, or Section hereof shall not affect the validity of the remainder
				thereof.
B. Any of the above
				requirements and regulations are subject to change at any time at the will of
				the majority of the board.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:2457.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 1 - General Rules › Section XL-101 - Adoption of Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A. This
				administrative code (rules of the board) and all revisions and additions to
				these rules shall be adopted in accordance with
				R.S.
				49:950 et seq., the Administrative Procedure
				Act.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1474 and
				  R.S.
				  37:1475.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 1 - General Rules › Section XL-103 - Domicile; Meetings; Quorum; Service of Process; Publication

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall
				be domiciled in Baton Rouge, but may meet in other locations as determined by
				the board. A majority of the board members shall constitute a quorum of the
				board for all purposes, including the issuance of licenses and the rulemaking
				and adjudicative functions of the board.
B. The chief operating officer of the board
				shall be the agent for service of process. The board shall register the name
				and address of its agent for service of process as required by law.
C. The board shall publish quarterly a
				bulletin, which shall be the official journal of the board. This bulletin shall
				contain notice of all applications filed, board agendas, minutes of open
				meetings, request for declaratory relief, and generally serve as the board's
				form notice to licensees and the public. All licensees shall receive the
				bulletin free of charge. Others may subscribe to the bulletin.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1474-1475.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 1 - General Rules › Section XL-105 - Officers; Election; Secretary-Treasurer; Chief Operating Officer; Board Staff; Duties

Current through Register Vol. 50, No. 6, June 20, 2024
A. Officers
				shall be elected by the board at the last meeting of the preceding year, shall
				serve a term of one year and may be reelected for additional terms. Officers
				may be reelected for additional terms. The board shall elect a chairman and a
				vice chairman.
B. The board shall
				employ a secretary-treasurer who shall not be a member of the board to serve as
				the chief operating officer (COO) of the board. The COO shall employ other
				staff as reasonably necessary with approval of the board, and subject to
				budgetary limitations. In the absence of a contrary board pronouncement, the
				COO shall serve as the board's appointing authority.
1. The COO shall be the custodian of all
				documents, filings and records of the board, and may issue process in the
				board's name.
2. The COO shall be
				responsible for the day to day operations of the board office and shall prepare
				and submit a budget for the board's consideration and approval.
3. The COO may have other duties and
				responsibilities as conferred by the board.
4. The board shall fix the COO's
				compensation.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 1 - General Rules › Section XL-107 - Meetings

Current through Register Vol. 50, No. 6, June 20, 2024
A. All meetings
				shall be held in accordance with the Louisiana open meetings law. Unless
				otherwise designated by the board, all meetings shall be held at the board's
				domicile in Baton Rouge.
B. The
				place, date and time of quarterly meetings are to be published in the official
				state journal at the beginning of each calendar year.
C. Special meetings shall be held at least
				two weeks after notification is given to each board member, unless a decision
				or action is required by the board within two weeks of the scheduling of a
				special meeting. In that case, each board member shall receive at least
				24-hours notice. The public shall be provided notice of all special meetings as
				soon as practicable, but no less than 24-hours notice. Special meeting agendas
				are to be posted at the meeting site at least 24 hours prior to the
				meeting.
D. Notices of all meetings
				and agendas shall be provided to all persons requesting notice in the same
				manner as provided to board members.
E. All members of the public with a
				disability recognized by the Americans with Disabilities Act or their caretaker
				shall be allowed to participate in any meeting via electronic means, by video
				conference, teleconference or other reasonable means. At least 15 days prior to
				the scheduled meeting, the member of the public with such disability must make
				a request by email or telephone to the chief operating officer of the board and
				identify the reasonable means in which he or she wishes to participate in the
				meeting. This Subsection E does not apply to properly called executive session
				meetings.
F. All board members with
				a disability recognized by the Americans with Disabilities Act or their
				caretaker shall be allowed to participate in any meeting and vote via
				electronic means, by video conference, teleconference or other reasonably
				accommodated means. Participation by such board member shall count towards the
				making of a quorum.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1474-1475 and
				  R.S.
				  42:7 and
				  R.S.
				  42:14(E) and
				  42:17.2.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 1 - General Rules › Section XL-109 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Applicant
-a person who seeks to be examined
				  for licensure by the board.
Board
-the Louisiana State Board of Home
				  Inspectors.
Code
-the professional and occupational
				  standards of home inspectors promulgated in LAC 46:XL.
Credit Hour
-one continuing education course
				  classroom hour, comprising at least 50 minutes of instruction.
Law
-the Louisiana Home Inspector Licensing
				  Law, R.S.
				  37:1471-1489.
License Period
-one year, expiring on the
				  last day of the month of issuance of the preceding year.
Licensee
-any person who has been issued a
				  license by the board in accordance with the provisions of the law and these
				  rules.
LSBHI
-an acronym for the Louisiana State
				  Board of Home Inspectors.
Qualifying Licensees
-a licensed employee or
				  member of a corporation, limited liability company and other in the business of
				  providing home inspection services, designated by the entity to ensure
				  compliance with the requirements of these rules and the home inspector
				  licensing law.
Resale Residential Building
-a structure
				  intended to be or that is used as a residence and consists of four or less
				  living units, excluding commercial use space or units, which is not for sale
				  for the first time.
Rules
-the body of regulations governing the
				  board's discharge of its duties and responsibilities and prescribing the
				  privileges and obligations of persons desiring to engage in the home inspection
				  business in Louisiana under the Louisiana State Home Inspectors Licensing
				  Law.
Timely Filing
-a letter or written
				  communication bearing a United States Post Office mark inscribed with the date
				  a filing or report is due at the board's office. Any report or materials for
				  filing bearing the canceled postal mark received on the next business day
				  following the due date are presumed timely filed. Any report or materials for
				  filing received after that time may be deemed timely filed only if evidenced by
				  a return receipt or proof of mailing bearing the due date.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1473 and
				  R.S.
				  37:1475.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 1 - General Rules › Section XL-111 - Licensing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Beginning
				January 1, 2001, no person shall engage in or conduct, or advertise or hold
				himself out as engaging in or conducting the business of, or acting in the
				capacity of, a home inspector within the state without first obtaining a
				license from the board.
B. No
				license to conduct business as a home inspector shall be issued to a
				corporation, limited liability company, partnership, firm, or group. The
				individually licensed inspectors, whether operating a business as a sole
				proprietorship or working for a company or corporation, shall be ultimately
				responsible for compliance with these rules, including, but not limited to:
1. payment of all applicable fees;
2. proper retention of records; and
3. all other obligations as prescribed by
				these rules.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 1 - General Rules › Section XL-113 - Qualifications for Licensure and Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicants must have:
1. attained the age of 18 years;
2. successfully completed high school or its
				equivalent/GED;
3. passed the
				required training and licensing examinations;
4. paid the appropriate fees;
5. submitted an application for licensure on
				board prescribed forms which shall conform to these rules;
6. proof of insurance as required by these
				rules; and
7. not had a license
				revoked or suspended by the home inspector licensing authority of another
				state.
8. applied to the Louisiana
				State Police for a criminal background check, pay all costs associated
				therewith and submit the results to the board. Background checks shall expire
				365 days after the date of issuance.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 1 - General Rules › Section XL-117 - Fees; Submission of Report Fees; Timeliness of Filings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Fees charged by
				LSBHI are as follows:
1. application for
				license-$200;
2. license
				renewal-$100;
3. delinquent renewal
				(for home inspectors only)-$100;
4.
				initial qualifying/continuing education provider-$200;
5. annual renewal for education
				provider-$200;
6. filing for
				additional course offerings-$50;
7.
				inspection report-$5.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 1 - General Rules › Section XL-119 - Education/Training and Testing; Initial Licensure

Current through Register Vol. 50, No. 6, June 20, 2024
A. Initial applicants for licensure must pass
				a board-approved licensing examination covering home inspection methods and
				techniques, the standards of practice set forth in
				§301 et seq., and code of ethics set forth
				in §501
B. Any person filing an
				initial application for licensure shall present evidence to the board that he
				has satisfactorily completed at least 130 hours of required home inspection
				instruction and training by training providers and instructors approved by the
				board.
C. The 130 hours of home
				inspection instruction and training shall consist of the following:
1. 90 hours of home inspection course work
				approved by the board and taught by a certified pre-licensing education
				provider as set forth in §120;
2. a
				minimum of 30 hours of in-field platform training from a certified infield
				trainer;
3. a minimum of 10 hours
				of instruction and training from a certified infield trainer, which shall
				consist of attending 10 live home inspections at a residential structure where
				a fee is paid and a report is provided to a client;
4. in addition to completion of the 130 hours
				of home inspection instruction and in-field training, the applicant shall also
				attend the report writing seminar conducted on behalf of the board by its
				approved representative and pass the board-approved examination of the
				standards of practice and
Code of Ethics
.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 1 - General Rules › Section XL-120 - Education Providers; Qualifications

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. A
certified education provider
is defined as any individual or
				entity certified by the Board to provide home inspector pre-license education,
				in-field training and/or continuing education courses.
2. A
pre-licensing education
				provider
is defined as any individual or entity certified by the board
				to provide pre-licensing education as described in
				§119. C 1
3. A
continuing education
				provider
is defined as any individual or entity certified by the board
				to provide post license continuing education.
4. An
infield trainer
is
				defined as any individual certified by the board to provide home inspector
				infield training.
5. A
home
				inspector instructor
is defined as any individual certified by the
				board to provide home inspector instruction for an education
				provider.
6. A
guest
				lecturer
is defined as an individual licensed and/or certified in a
				construction related field, who provides pre-license and/or continuing
				education instruction for an education provider.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 1 - General Rules › Section XL-121 - Continuing Education; Instructors

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. As a
				condition of license renewal, a licensee, (not renewing a license for the first
				time) must certify completion of at least 20 hours of continuing education
				during the previous licensing period, in courses approved by the board. No more
				than 10 hours of continuing education credit may be carried over into the
				following year. Board-approved continuing education instructors may be given
				continuing education credit for course preparation and other activities as set
				forth in Paragraph F.3, below.
2.
				As a condition of license renewal, a first year inspector, renewing a license
				for the first time, must certify completion of at least 30 hours of continuing
				education during the previous licensing period.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 1 - General Rules › Section XL-122 - Military Trained Applicants

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Pursuant to R.S. 9:3650 the LSBHI shall issue a license to a military-trained
				applicant to allow the applicant to lawfully practice home inspection in this
				state if, upon application to the board, the applicant satisfies all of the
				following conditions:
1. has completed a
				military program of training, been awarded a military occupational specialty,
				and performed in that specialty at a level that is substantially equivalent to
				or exceeds the requirements for licensure under these rules;
2. has been actively engaged in the practice
				of home inspection; and
3. has not
				been disciplined in any jurisdiction for an act that would have constituted
				grounds for refusal, suspension, or revocation of a license to practice home
				inspection in this state at the time the act was committed.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 1 - General Rules › Section XL-123 - Home Inspection Reports; Consumer Protection

Current through Register Vol. 50, No. 6, June 20, 2024
A. All home inspection reports shall comply
				with all requirements as set forth in the standards of practice, these rules
				and the home inspector licensing law. Home inspection reports shall specify the
				municipal address of the home inspected, the client(s) for whom the home was
				inspected and the date of the inspection. Home inspection reports shall not be
				resold for any reason.
B. A copy of
				the Standards of Practice and Code of Ethics of Home Inspectors shall be
				provided to every client or his authorized agent, before services are rendered.
				When this is not practical, copies shall be attached to every completed home
				inspection report.
C. The board may
				review any home inspection report and require any change(s) as necessary to
				comply with Subsections A and B above.
D. Refusal to comply with this Section shall
				constitute cause for disciplinary action resulting in license revocation,
				suspension, and/or fine.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1475-1477 and
				  R.S.
				  37:1479-1480.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 1 - General Rules › Section XL-125 - Home Inspectors Record Keeping; Inspection; Production Retention

Current through Register Vol. 50, No. 6, June 20, 2024
A. It shall be the
				responsibility of the licensed home inspector to maintain adequate records at
				all times in compliance with the provisions of the board's rules.
B. Records shall be made available, upon
				reasonable request, to the board's representatives during normal business
				hours. Such request shall be made in writing on board stationery. The failure
				of a licensee to maintain adequate records or the failure to furnish copies of
				such records within 72 hours of receipt of a written request by the board shall
				constitute a violation of this rule.
C. Records shall be kept for three years from
				the day the inspection report was provided to the client. Any report questioned
				by the board or any legal entity shall be retained for a period of five years
				from the date the inquiry was received by the licensee.
D. To facilitate compliance with record
				keeping requirements of this Section, copies of all home inspection reports
				performed by a licensee shall be provided to the licensee upon any separation
				from employment.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1475.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 1 - General Rules › Section XL-127 - Insurance

Current through Register Vol. 50, No. 6, June 20, 2024
A. All active,
				licensed home inspectors shall carry errors and omissions insurance as well as
				general liability insurance.
1. The LSBHI
				will establish and/or approve an association or associations for the purposes
				of availing its licensees to the benefits of group insurance rates. The board
				shall establish the terms and conditions of coverage, including but not limited
				to the permissible deductibles and permissible exemptions. Licensees shall have
				the option of obtaining insurance independently of the approved association or
				associations that complies with the coverage requirements established by the
				board.
2. Each licensee shall be
				notified of the required terms and conditions of coverage for the annual policy
				at least 30 days prior to the annual renewal date. If the required terms and
				conditions have not been modified from the previous years policy, the terms and
				conditions for the previous year shall apply and the licensee shall not be so
				notified.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 1 - General Rules › Section XL-129 - Reciprocity

Current through Register Vol. 50, No. 6, June 20, 2024
A. If an applicant
				is licensed as a home inspector in another state in which laws, rules and
				testing standards are similar to, but in no case less stringent than, those of
				the LSBHI, and the applicant is in good standing with that licensing authority,
				then that state's license may be accepted as evidence of the applicant's
				experience and training. However, the applicant shall have satisfactorily
				completed an examination from a testing agency approved by the board, and shall
				pay all applicable fees as well as comply with the Louisiana Home Inspector
				Licensing Law and LSBHI administrative code. Applicants seeking reciprocity
				shall certify under oath that they are in good standing in any state where a
				license is held. The board may make inquiries of the licensing authority
				concerning the applicant and respond to similar requests from other licensing
				authorities.
B. Prior to being
				granted reciprocity, the applicant shall attend the LSBHI report writing
				seminar conducted by the board or its approved representative and pass the
				LSBHI-approve standards of practice and code of ethics examination.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1475 and
				  R.S.
				  37:1484.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 1 - General Rules › Section XL-131 - Exemptions from Licensure

Current through Register Vol. 50, No. 6, June 20, 2024
A. Certain
				individuals, when acting within the scope of their profession or license, are
				exempt from licensure requirements when performing inspections within their
				licensed profession or trade. Those individuals are:
1. persons licensed by the state as
				professional engineers when acting within the scope of their license;
2. persons licensed by the state as
				architects when acting within the scope of their license;
3. persons licensed by the state or any
				political subdivision as electricians when acting within the scope of their
				license;
4. persons licensed by the
				state or any political subdivision as plumbers when acting within the scope of
				their license;
5. persons licensed
				by the state or any political subdivision as heating and air conditioning
				technicians when acting within the scope of their license;
6. persons licensed by the state as real
				estate brokers or real estate sales persons when acting within the scope of
				their license;
7. persons licensed
				by the state as real estate appraisers, certified general appraisers, or
				residential real estate appraisers when acting within the scope of their
				license;
8. persons licensed by the
				state as pest control operators when acting within the scope of their
				license;
9. persons regulated by
				the state as insurance adjusters when acting within the scope of their
				profession;
10. persons who are
				employed as code enforcement officials by the state or any political
				subdivision when acting within the scope of their employment by such
				governmental entity;
11. persons
				licensed by the state or any political subdivision as contractors when acting
				within the scope of their license;
12. persons certified by the state or any
				political subdivision as certified energy raters when acting within the scope
				of their certification;
13. persons
				who perform warranty evaluations of components, systems, or appliances within
				resale residential buildings for the purpose of issuance of a home warranty
				agreement, provided that the warranty evaluation report includes a statement
				that the warranty evaluation performed is not a home inspection and does not
				meet the standards of a home inspection under Louisiana law. No home warranty
				company shall refer to a warranty evaluation as a home inspection in any
				written materials provided by the warranty company.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 1 - General Rules › Section XL-133 - Report of Address Changes

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every
				licensee shall report any change in office address, residence address, office
				phone, residence phone, and/or email address to the board, on the board
				approved change-of-information form posted on the boards website, within 15
				days of such change. The board shall acknowledge any change, in writing, and
				shall update all records accordingly.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1475.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 1 - General Rules › Section XL-135 - Display of License

Current through Register Vol. 50, No. 6, June 20, 2024
A. Home
				inspectors shall be issued both a picture I.D. license and a license
				certificate.
B. The inspector is to
				have on their person the picture I.D. license when performing inspections. The
				picture I.D. license shall be produced upon request of interested parties when
				conducting an inspection.
C. A
				license certificate shall be displayed at the licensee's place of business. If
				the licensee operates from home, it is to be readily accessible.
D. All correspondence, inspection reports and
				advertisements shall identify the licensee with the term
licensed home
				inspector
or the acronym "LHI" along with the license number of the
				inspector.
E. All general
				advertising of home inspections by a corporation, limited liability, or other
				entity shall include at a minimum the license number of the qualifying licensee
				on the advertisement.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1475.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 1 - General Rules › Section XL-137 - LSBHI Funds; Deposits and Disbursements; Board Members; Reimbursement

Current through Register Vol. 50, No. 6, June 20, 2024
A. All board funds
				received shall be paid to the Louisiana State Board of Home Inspectors through
				its secretary-treasurer and deposited to the board's operating account
				established for that purpose. Disbursements made by board shall be signed by
				the chairman and the secretary-treasurer. In absence of the chairman or the
				secretary-treasurer, the vice chairman may sign all documents with the
				remaining authorized signatory.
B.
				All fees and moneys received by the board shall be used solely to effectuate
				the provisions of the law and these rules. Such use may include, but is not
				limited to expenditures necessary for office fixtures, equipment and supplies
				and all other charges necessary to conduct the business of the board.
C. No board member shall receive a per diem
				but shall be reimbursed for actual expenses incurred when attending a meeting
				of the board or any of its committees and for the time spent on behalf of the
				board on official business not to exceed 10 days in any one month. Each board
				member shall be reimbursed upon approval of the board as evidenced by voucher
				for all necessary travel and incidental expenses incurred in carrying out the
				provisions of the rules of the board. No reimbursement, other than for lawful
				travel and mileage shall be allowed for attending any regular or special board
				meetings or for board related activities outside Louisiana. Reimbursement for
				time spent may be allowed if the board member is engaged in board business in
				Louisiana for the following, non-exclusive activities: participation as an
				appointed member of a special investigating entity; inspecting records of
				persons subject to the law and these rules; and reviewing and processing
				applications for licensure unconnected with preparation for a board
				meeting.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1474-1475, and
				  R.S.
				  37:1489.