Louisiana Revised Statutes 37:1457 – Judicial proceedings
Terms Used In Louisiana Revised Statutes 37:1457
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commission: means the Louisiana Real Estate Commission. See Louisiana Revised Statutes 37:1431
A. If an appeal is taken under La. Rev. Stat. 37:1456, the court shall receive the entire record of the hearing.
B. All judicial proceedings relative to actions taken by the commission shall be filed in and adjudicated by the Nineteenth Judicial District Court in the parish of East Baton Rouge.
C. Absent an agreement of counsel for all parties, no stay of enforcement of a decision issued under La. Rev. Stat. 37:1456 or for a violation of La. Rev. Stat. 37:1459, during the pendency of an appeal shall be granted unless the Nineteenth Judicial District Court finds that the applicant has established that the issuance of the stay does not threaten harm to other interested parties.
D. No stay shall be granted ex parte. The court shall schedule a hearing on the request for a stay order within ten days from filing. The decision shall be rendered within five days after the conclusion of the hearing.
E. No judicial order staying or enjoining the effectiveness or enforcement of a final decision or order of the commission in an adjudication proceeding shall be effective, or be issued to be effective, longer than one hundred twenty days from the date on which the commission’s decision or order was rendered, or the date on which the court enters judgment in a proceeding for judicial review of the commission’s decision or order pursuant to La. Rev. Stat. 49:978.1, whichever comes first.
Acts 1978, No. 514, §1; Acts 1995, No. 1207, §1; Acts 1997, No. 845, §1; Acts 2003, No. 713, §1.