Louisiana Revised Statutes 35:603 – Secretary of state; duties upon receipt of sworn complaint
Terms Used In Louisiana Revised Statutes 35:603
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Service of process: The service of writs or summonses to the appropriate party.
A. The secretary of state, upon receipt of a sworn complaint alleging a violation of the provisions of La. Rev. Stat. 35:601 or 602, shall proceed as follows:
(1) If the records of the secretary of state indicate that the person who is the subject of the complaint has a valid active status, the secretary shall notify that person and the complainant of the findings.
(2) If the records of the secretary of state indicate that the person who is the subject of the complaint does not have a valid active status, the secretary of state shall send notice by certified mail, return receipt requested, to that person of the impediment to his authority and allow that person to remedy, if possible, the impediment within ten days of receipt of the notice.
(3) If the person who is the subject of the complaint fails to remedy the impediment to his authority within the time provided by Paragraph (2) of this Subsection, the secretary of state shall transmit a copy of the sworn complaint to the appropriate law enforcement or prosecutorial agency for further investigation or prosecution.
B. The secretary of state shall provide a form to be used to file a complaint alleging a violation of the provisions of La. Rev. Stat. 35:601 or 602. All complaints filed with the secretary of state shall be on the complaint form prepared by the secretary of state or on a form which contains the same information as required by the complaint form prepared by the secretary of state.
C. Nothing in this Section shall operate to limit any other legal methods of notice, service of process, or enforcement of any provision of La. Rev. Stat. 35:601 or 602.
Acts 2008, No. 904, §2, eff. July 10, 2008.