Louisiana Revised Statutes 37:2155 – Residential Contractors Subcommittee; membership; terms; powers; duties
Terms Used In Louisiana Revised Statutes 37:2155
- Board: means the State Licensing Board for Contractors. See Louisiana Revised Statutes 37:2150.1
- Ex officio: Literally, by virtue of one's office.
- Executive director: means the person appointed by the board to serve as the chief operating officer in connection with the day-to-day operation of the board's business. See Louisiana Revised Statutes 37:2150.1
- Person: means any individual, firm, partnership, association, cooperative, corporation, limited liability company, limited liability partnership, or any other entity recognized by Louisiana law; and whether or not acting as a principal, trustee, fiduciary, receiver, or as any other kind of legal or personal representative, or as a successor in interest, assignee, agent, factor, servant, employee, director, officer, or any other representative of such person; or any state or local governing authority or political subdivision performing a new construction project which exceeds the contract limits provided in Louisiana Revised Statutes 37:2150.1
- Quorum: The number of legislators that must be present to do business.
A. There is hereby established within the board the Residential Contractors Subcommittee, hereinafter referred to as “residential subcommittee”, consisting of five members who shall be residents of this state and who have been actively engaged in residential contracting for at least five years prior to appointment by the governor. Three members of the residential subcommittee shall be appointed by the governor from a list of not less than ten names submitted by the Louisiana Homebuilders Association as certified by its president and secretary. One member of the residential subcommittee shall be from and appointed to represent the first congressional district, one member shall be from and appointed to represent the second congressional district, one member shall be from and appointed to represent the third congressional district, one member shall be from and appointed to represent the fourth and fifth congressional districts, and one member shall be from and appointed to represent the sixth congressional district.
B. The terms of office of the initial members appointed to the residential subcommittee shall be one for a three-year term, one for a two-year term, and one for a one-year term, to be determined by the governor. Thereafter, all members shall be appointed for three-year terms. All terms shall commence thirty days after the appointment and all members shall serve until their successors have been appointed and qualified. Vacancies occurring in the membership of the residential subcommittee for any reason shall be filled by appointment by the governor for the unexpired term. No person shall be appointed for more than two consecutive terms. The governor may remove a member for cause.
C. The executive director of the board shall serve as executive director of the residential subcommittee and shall not have voting privileges.
D.(1) A member of the board shall serve as an ex officio member of the residential subcommittee and shall serve as the liaison between the residential subcommittee and the board. He shall be appointed by the chairman of the board and shall serve as the chairman of the residential subcommittee. His presence at a meeting of the residential subcommittee may be counted toward establishing a quorum of the residential subcommittee, and he shall have voting privileges only if either of the following circumstances exists:
(a) His presence is necessary to establish a quorum of the residential subcommittee and there is a tie vote between the appointed members of the residential subcommittee.
(b) His presence is necessary to establish a quorum of the residential subcommittee, only one appointed member of the residential subcommittee is present, and an additional ex officio member has been appointed pursuant to Paragraph (2) of this Subsection.
(2) An additional ex officio member of the board shall serve on the residential subcommittee only if his presence, along with the ex officio member serving pursuant to Paragraph (1) of this Subsection, is required to establish a quorum of the residential subcommittee. This additional ex officio member shall be appointed by the chairman of the board and shall serve as the vice chairman of the residential subcommittee. He shall have voting privileges only if there is a tie vote between an appointed member of the residential subcommittee and the ex officio member serving as chairman of the residential subcommittee.
(3) The board shall pay per diem and travel expenses for ex officio members.
E. A quorum of the residential subcommittee shall consist of a majority of its members which shall be sufficient to conduct residential subcommittee business, and the residential subcommittee shall meet at least once every other month to conduct its business unless, for good cause, a meeting cannot be held. Notice of residential subcommittee meetings shall be posted on the board’s official website and at the board office at least ten days prior to the date when the residential subcommittee is to meet.
F. Each member of the residential subcommittee shall be entitled to a per diem allowance of seventy-five dollars for each meeting he attends and be reimbursed for all travel expenses necessarily incurred in attending meetings.
G. Subject to the approval of the board, the residential subcommittee shall have all of the following powers and duties:
(1) To adopt rules and regulations to govern residential and home improvement contractors in this state.
(2) To issue, suspend, modify, or revoke licenses to do business in this state pursuant to the provisions of La. Rev. Stat. 37:2158.
(3) To prescribe and adopt regulations and policies for continuing education. However, notwithstanding any other law to the contrary, the residential subcommittee shall not approve for use by licensees any continuing education courses or written training programs provided by a member of the residential subcommittee or legal entity in which he has a controlling interest.
(4) To cause the enforcement against, and the prosecution and enjoinder of, all persons violating provisions of this Chapter, and rules and regulations of the board; issue fines, penalties, and other costs for violations; and incur necessary expenses therefor.
Added by Acts 1956, No. 233, §5. Amended by Acts 1964, No. 113, §5; Acts 1992, No. 681, §1, eff. July 6, 1992; Acts 2019, No. 371, §1; Acts 2022, No. 195, §1.