Louisiana Revised Statutes 49:999.22 – Enforcing authority; initiation of action
Terms Used In Louisiana Revised Statutes 49:999.22
- Enforcing authority: means any of the following who have authority to enforce the provisions of this Part:
(a) The issuing agency which issued the license or permit. See Louisiana Revised Statutes 49:999.21
- Holder of a license or permit: means the natural person or other entity in whose name a license or permit is issued and who holds such license or permit. See Louisiana Revised Statutes 49:999.21
- Issuing agency: means a state agency, board, commission, department, or other entity of the state which issues a license or permit. See Louisiana Revised Statutes 49:999.21
- License or permit: means any license or permit issued to any person or other entity by a state agency, except for any license or permit issued pursuant to any provisions of the law in Title 37 or Title 3 of the Louisiana Revised Statutes of 1950. See Louisiana Revised Statutes 49:999.21
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
A. Any enforcing authority may bring an action against the holder of a license or permit to suspend and ultimately revoke such license or permit in the manner and according to the procedure provided for in this Part if the enforcing authority obtains knowledge that the natural person who is the holder of the permit or license, or the natural person who owns in excess of fifty percent of the entity which holds the license or permit, or the natural person who is the chief executive officer of the entity which holds the license or permit has been convicted of, or has entered a plea of guilty or nolo contendere to, a crime which is a felony under state or federal law related to obtaining or keeping the license or permit.
B. The enforcing authority may initiate the action by providing written notice by certified mail of its intention to suspend and ultimately revoke the license or permit of the holder pursuant to this Part, sent to the holder of the license or permit, the person alleged to have been convicted of, or to have entered a plea of guilty or nolo contendere to, a felony under state or federal law related to obtaining or keeping the license or permit, and to the issuing agency which issued the license or permit, if different from the enforcing authority.
Acts 1997, No. 1162, §1, eff. July 1, 1998; Acts 2003, No. 956, §1, eff. July 1, 2003.