Louisiana Revised Statutes 37:3505 – Powers, duties, and responsibilities; meetings; quorum
Terms Used In Louisiana Revised Statutes 37:3505
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Applicant: means a person who seeks to be examined for licensure or certification by the board. See Louisiana Revised Statutes 37:3503
- Board: means the Louisiana State Board of Private Investigator Examiners within the Department of Public Safety and Corrections. See Louisiana Revised Statutes 37:3503
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Executive director: means the chief administrative officer of the board. See Louisiana Revised Statutes 37:3503
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: means an individual, firm, association, company, partnership, corporation, nonprofit organization, or other legal entity. See Louisiana Revised Statutes 37:3503
- Quorum: The number of legislators that must be present to do business.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
A. The board shall:
(1) Examine all applicants desiring to be licensed as a private investigator or private investigator agency in the state of Louisiana.
(2) Administer a written examination for prospective licensees at least twice each year in the city of Baton Rouge.
(3) Adopt rules and regulations to govern the practice of a private investigator in the state of Louisiana.
(4) Issue, suspend, modify, or revoke license certificates to practice as a private investigator or apprentice in the state of Louisiana.
(5) Report to the attorney general of the state all persons violating the provisions of this Chapter.
(6) Elect a chairman and a vice chairman, each to serve a term of two years.
(7) Report, no later than March first of each year, to the governor, the secretary of state, and the legislature on its activities.
(8) Adopt its official seal.
B. The board may:
(1) Adopt and enforce such rules and regulations, bylaws, and rules of professional conduct as the board may deem necessary and proper to regulate private investigator businesses in the state of Louisiana, to provide for the efficient operation of the board, and otherwise to discharge its powers, duties, and functions under the provisions of this Chapter.
(2) Prescribe and adopt regulations, standards, procedures, and policies governing the manner and conditions under which credit shall be given by the board for participation in professional education such as the board may consider necessary and appropriate to maintain the highest standards of the private investigator industry in the state of Louisiana.
(3) Authorize any member of the board to make any affidavit necessary for the issuance of any injunction or other legal process authorized under this Chapter or under the rules and regulations of the board.
(4) Issue subpoenas to require attendance and testimony and the production of documents, for the purpose of enforcing the laws relative to the private investigator industry and securing evidence of violations thereof.
(5) Maintain a current list of licensed private investigators.
(6) Appoint a qualified executive director.
(7) Employ clerical assistance necessary to carry out the administrative work of the board.
(8) Employ legal counsel to carry out the provisions of this Chapter. The fees of such counsel and the cost of all proceedings except criminal prosecutions shall be paid by the board from its own funds.
(9) Incur all necessary and proper expenses.
C. The chairman and executive director of the board or, in their absence, any other member of the board, may administer oaths in the taking of testimony given before the board.
D. The board shall meet quarterly at regular meetings each year. A special meeting may be held at such time and place as specified by the executive director on call of the chairman or any four members. The executive director shall give written notice of all meetings to the members of the board and to the interested public.
E. Four members of the board shall constitute a quorum for all purposes, including the granting or issuance of licenses and the rulemaking and adjudicative functions of the board.
F. The board shall have the authority to:
(1) Request and obtain state and national criminal history record information on any person applying for any license or registration which the board is authorized by law to issue.
(2) Require any applicant for any license or registration, which the board is authorized to issue, to submit two full sets of fingerprints, in a form and manner prescribed by the board, as a condition to the board’s consideration of his or her application.
(3) Charge and collect from an applicant for any license or registration which the board is authorized to issue, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining criminal history record information on the applicant.
Acts 1992, No. 245, §2; Acts 1998, 1st Ex. Sess., No. 137, §2, eff. May 5, 1998; Acts 1999, No. 675, §1.