Louisiana Revised Statutes 37:2153 – Powers of the board
Terms Used In Louisiana Revised Statutes 37:2153
- 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.
- Board: means the State Licensing Board for Contractors. See Louisiana Revised Statutes 37:2150.1
- Contract: A legal written agreement that becomes binding when signed.
- Contract: means an agreement to perform a scope of work that is regulated by this Chapter. See Louisiana Revised Statutes 37:2150.1
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
A. The board is hereby vested with the authority requisite and necessary to carry out the intent of the provisions of this Chapter. The board shall have the power to make, amend, or repeal by-laws, rules, and regulations for the proper administration and enforcement of this Chapter and to carry out the purposes thereof, in accordance with the Administrative Procedure Act. The enumeration of specific matters which may be made, and the subject of rules and regulations, shall not be construed to limit general powers of the board to make all rules and regulations necessary to fully effectuate the purpose of this Chapter.
B. Any bylaws or rules or regulations enacted by the Board shall be adopted and promulgated pursuant to the provisions of the Administrative Procedure Act, La. Rev. Stat. 49:950 et seq.
C.(1) All legal services for the board shall be under the supervision, control, and authority of the attorney general, and no special attorney or counsel shall be employed to represent it except in accordance with the provisions of La. Rev. Stat. 42:262.
(2)(a) However, notwithstanding the provisions of Paragraph (1) of this Subsection and the provisions of La. Rev. Stat. 42:262, the board may contract with outside counsel or collection agencies on a contingency- fee basis to enforce judgments that may arise under this Chapter.
(b) Any such attorney shall be selected pursuant to a request for proposals in accordance with Chapter 17 of Subtitle III of Title 39 of the Louisiana Revised Statutes of 1950, and any such collection agency shall be selected pursuant to a request for proposals in accordance with Chapter 17 of Title 39 of the Louisiana Revised Statutes of 1950.
(c) Any contingency fee contract entered into pursuant to this Subsection shall mandate that all collected funds be deposited directly with the board, and, thereafter, the contingency fee shall be paid by the board to the collection agency or attorney.
D.(1) The board is hereby authorized to select, lease, purchase, maintain, own, expand, and sell an office building and the land on which said building is situated. Any building so owned or so acquired shall be used by the board to house the offices of the board and to conduct the affairs of the board. The board is hereby authorized to expend the funds of the board for the purchase of the land and improvements thereon. The board is further authorized to sell the land and improvements thereon. Revenue derived from the sale shall be retained by the board.
(2) The board may lease or sell portions of the land and improvements under such terms and conditions which are consistent with law. All revenue derived from such leases or sales shall be retained by the board.
(3) Prior to a sale authorized by this Subsection, the commissioner of administration shall review the terms of the sale to ascertain that the sale amount constitutes fair market value or greater for the property.
E. The board may sue and be sued and shall have the right and authority to obtain, in the jurisdiction in which a violation of the provisions of this Chapter occurs, upon submission of an affidavit in support, a temporary restraining order and preliminary and permanent injunctions, without the necessity of posting a bond or other security, restraining and prohibiting the violation of this Chapter and the performance of any work then being performed or about to be performed.
F. In addition to any other duties and powers granted by this Chapter, the board shall:
(1) Grant licenses to qualified contractors pursuant to this Chapter.
(2) Hold hearings in accordance with the provisions of the Administrative Procedure Act, La. Rev. Stat. 49:950 et seq., to consider violations of the provisions of this Chapter and the rules and regulations of the board.
(3) Suspend or revoke any license for any cause described in this Chapter, or for any cause prescribed by the rules and regulations, and refuse to grant any license for any cause which would be grounds for revocation or suspension of a license.
(4) Issue fines, penalties, and other costs for violations of the provisions of this Chapter and the rules and regulations of the board.
(5) Recognize that any applicant holding a license in good standing in a comparable classification in another state recognized by the respective agency as a reciprocity state may have the trade portion of the examination waived upon written certification from that state in which the applicant is licensed. The business law course and the provisions of La. Rev. Stat. 37:2156.1 shall not be waived. Applicants shall comply with all other licensing requirements of this state; however, for good cause, the board may waive any other licensing requirement.
(6) Publish and distribute materials containing such information as it deems proper to accomplish the purpose of this Chapter.
G. Notwithstanding any other provisions to the contrary and to the extent deemed necessary or appropriate by the board for the efficient implementation of its responsibilities under this Chapter, the board may delegate its powers and duties to its staff by specific resolution of the board.
Added by Acts 1956, No. 233, §3. Amended by Acts 1964, No. 113, §3; Acts 1979, No. 430, §1, eff. July 11, 1979; Acts 1981, No. 668, §1; Acts 1983, No. 296, §1; Acts 1992, No. 681, §1, eff. July 6, 1992; Acts 1997, No. 147, §1; Acts 1998, 1st Ex. Sess., No. 65, §1, eff. May 1, 1998; Acts 2001, No. 968, §1; Acts 2014, No. 864, §§4 and 5; Acts 2018, No. 529, §1; Acts 2022, No. 195, §1.