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Terms Used In Louisiana Revised Statutes 49:229

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10

A.  It is the purpose of this Section to provide a convenient, accessible, and timely system for the business community and other persons seeking to establish a business to obtain information concerning and the acquisition and maintenance of the various licenses required by the state to conduct business.  To accomplish this goal, the office of GeauxBiz is hereby established within the department.

B.  It is the express intent of the legislature that the authority for determining whether a business should be licensed shall remain with the state agency authorized to perform this function.

C.  As used in this Section, the following terms shall have the meanings ascribed to them, unless context clearly indicates otherwise:

(1)  “Applicant” means any person acting for himself or who is authorized to act for another person to obtain a license or the renewal thereof.

  

(2)  “License” means any license, certificate, registration, permit, or other form of authorization or approval required by state law or any rule or regulation issued pursuant thereto which must be obtained prior to the operation of a business or as a condition to the continued operation thereof.

(3)  “Office” means the office of GeauxBiz within the Department of State.

(4)  “Person” means an individual, proprietorship, partnership, company, cooperative, corporation, nonprofit organization, or any other legal entity required to obtain one or more licenses from a state agency.

(5)  “Secretary” means the secretary of state of the state of Louisiana.

(6)  “State agency” or “agency” means any department, office, board, commission, or other entity in state government.

D.(1)  On or before January 1, 1992, the secretary of state shall prepare and promulgate to other state agencies a form or forms which shall provide for the inclusion of information relevant to all applications, forms, documents, and requirements used or enforced by the agency in its licensing processes.  The form shall provide for, but shall not be limited to, information concerning the cost of each license, the estimated period required to process license applications, existing and proposed rules and regulations pertaining to such licensing, and agency publications which would be of assistance to the business community and other persons seeking to establish a business within the state.

(2)  Each state agency shall within sixty days of receipt of the form or forms provide the office with all information requested pursuant to Paragraph (1) of this Subsection and shall thereafter provide, without request by the office, all supplements, amendments, or any proposed changes to licensing rules, regulations, or forms.

E.  On or before January 1, 1992, each agency required to review, approve, issue, or renew licensing for any business undertakings, projects, or activities shall designate an officer or employee of the agency to act as business licensing liaison with the office to effectuate the purposes of this Section.  The business licensing liaison shall perform, but shall not be limited to the performance of the following functions:

(1)  Schedule, with the office, any conferences provided for in this Section.

(2)  Determine, upon the request of the applicant or the office, the most current status of an application for a license or the renewal thereof, the reasons for delay in the licensing process, if any, and the action required to end the delay.  He shall timely notify the applicant or the office of his determination.

(3)  Attempt to resolve any dispute which may arise concerning the licensing process.

F.  On or before July 1, 1992, the office shall begin activities as a clearinghouse for state business licensing information and shall perform the following functions:

(1)  Obtain information for members of the business community and persons seeking to establish a business regarding all licenses required by state agencies to begin or continue a business in the state.

(2)  Assist applicants in the clarification of licensing requirements and standards.

(3)  Provide application forms, where practical.

(4)  Arrange, in its discretion, informal conferences between the applicant and state agency to clarify licensing requirements or standards, the nature and scope of the agency’s interest, and the standards and conditions which the applicant must meet.

(5)  Assist applicants in the preparation of application forms.

(6)  Provide guidance to the applicant in relation to his license application.

(7)  Maintain, as the office deems necessary, ongoing monitoring of the licensing review process to determine the current status of a particular application.

(8)  Generally coordinate the various aspects of the licensing review process and the compilation of data and other required submissions.

G.  All state agencies are hereby directed to cooperate fully with the office to ensure implementation of and compliance with the provisions of this Section.

H.  No provision of this Section shall excuse or be construed to excuse any applicant using the services of the office from full compliance with any licensing requirements or shall relieve him from any penalties, fines, or any other liabilities related to such requirements.

I.  The department, office, or any officer or employee thereof shall make a good faith effort to supply all relevant information but shall be held harmless for any loss or damage resulting from their failure to supply relevant information or their transmittal of erroneous information, unless such loss or damage results from intentional acts or acts of gross negligence.

J.  The department shall promulgate rules and regulations, in accordance with the Administrative Procedure Act, to implement the provisions of this Section.

Acts 1991, No. 1053, §2, eff. July 29, 1991; Acts 2008, No. 127, §2.

NOTE:  See Acts 1991, No. 1053, §4.