Louisiana Revised Statutes 37:3274 – Powers, duties, authorities, and responsibilities; meetings; quorum
Terms Used In Louisiana Revised Statutes 37:3274
- 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 Louisiana State Board of Private Security Examiners, an agency in the Department of Public Safety and Corrections. See Louisiana Revised Statutes 37:3272
- Department: means the Louisiana Department of Public Safety and Corrections. See Louisiana Revised Statutes 37:3272
- 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 secretary: means the chief administrative officer of the board. See Louisiana Revised Statutes 37:3272
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Personal property: All property that is not real property.
- Private security business: is a ny entity that provides protection to persons and property, excluding any law enforcement agency, but including any:
(a) Contract security company; or
(b) Armored car company or armed courier company. See Louisiana Revised Statutes 37:3272
- 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 to be licensed and regulated under the provisions of this Chapter.
(2) Administer a written examination for prospective licensees at least twice each year.
(3) Adopt rules and regulations to govern the practice of private security in the state of Louisiana.
(4) Issue, suspend, modify, or revoke licenses or registration cards to provide private security in the state of Louisiana.
(5) Report to the attorney general of the state of Louisiana all persons violating the provisions of this Chapter.
(6) Elect a chairman and a vice chairman, each to serve two-year terms.
(7) Report annually, no later than March 1, to the governor, the secretary of the department, and the legislature on its activities.
(8) Adopt its official seal.
(9) Investigate alleged violations of the provisions of this Chapter and any rules and regulations adopted by the board.
(10) Govern in accordance with the Louisiana Administrative Procedure Act.
(11) Adopt rules to authorize the assessment of administrative penalties in the form of fines not to exceed five hundred dollars per violation and cost of the board’s proceedings.
B. The board may:
(1) Adopt and enforce rules and regulations, bylaws, and rules of professional conduct as the board may deem necessary and proper to regulate private security businesses in the state of Louisiana, to provide for the efficient operation of the board, and otherwise to discharge its duties and powers under 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 a program of continuing professional education such as the board may consider necessary and appropriate to maintain the highest standards of the private security 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 security industry and securing evidence of violations thereof.
(5) Maintain a current list of all businesses and persons licensed by the board.
(6) Appoint a qualified executive secretary.
(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, provided that the fees of such counsel and the costs of all proceedings except criminal prosecutions shall be paid by the board from its own funds.
(9) Incur all necessary and proper expenses.
(10) Purchase or otherwise acquire any real or personal property, including making or entering into mortgages, as may be necessary or convenient to the exercise of its powers in order to accomplish the purposes of this Chapter. The board shall take title to and hold such property in its name as an agency of the state.
(11) When a state of emergency has been declared in this state pursuant to La. Rev. Stat. 14:329.6, authorize the operation of out-of-state private security businesses within the state and the use of its employees within the state for the duration of the state of emergency or for a stipulated amount of time after declaration of the state of emergency, not to exceed thirty days from the last day of the declared state of emergency, if the private security business:
(a) Is licensed in another state in which the qualifications, insurance, training, and other similar requirements are at least equal to those required under this Chapter.
(b) Has notified the board that they intend to operate in the state and submits all information requested by the board.
C. The chairman and executive secretary of the board, or in their absence any other member of the board, may administer oaths in the taking of testimony upon any matter appertaining to the duties and powers of 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 secretary on call of the chairman or any four members. The executive secretary shall give written notice of all meetings to the members of the board and to the interested public.
E. A majority of the voting 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.
Acts 1984, No. 505, §1, eff. Jan. 1, 1985; Acts 1989, No. 552, §1; Act 1991, No. 315, §1; Acts 1994, 3rd Ex. Sess., No. 96, §1; Acts 2006, No. 206, §1.