Louisiana Revised Statutes 37:711.24 – Enforcement proceedings against other persons; procedure
Terms Used In Louisiana Revised Statutes 37:711.24
- 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.
- Board: means the Louisiana Board of Professional Geoscientists, provided for by this Chapter. See Louisiana Revised Statutes 37:711.2
- certificate holder: means the recognition granted by the board and its issuance of a certificate to any individual seeking such recognition as a geoscientist in training, who has been successfully examined and is otherwise in good standing with the board. See Louisiana Revised Statutes 37:711.2
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Dependent: A person dependent for support upon another.
- 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.
- Fraud: Intentional deception resulting in injury to another.
- Geoscience: means the science of the earth and its origin and history, the investigation of the earth's environment and its constituent soils, rocks, minerals, solids, and fluids, and the study of the natural and introduced agents, forces, and processes that cause changes in and on the earth. See Louisiana Revised Statutes 37:711.2
- 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.
- Licensee: means any person practicing or seeking to practice geoscience in the state of Louisiana who has received a license from the board and is otherwise in good standing with the board. See Louisiana Revised Statutes 37:711.2
- Person: means any individual. See Louisiana Revised Statutes 37:711.2
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
A. The board shall have the power to take enforcement action against any nonlicensee or noncertificate holder found by the board to have committed any of the following acts or offenses:
(1) Practicing or offering to practice geoscience in the state of Louisiana without being licensed in accordance with the provisions of this Chapter.
(2) Presenting or attempting to use as one’s own, the license, certificate, seal, or stamp of another person.
(3) Any fraud, deceit, material misstatement, or perjury or the giving of any false or forged evidence in applying for a license or certificate, or in taking any examination.
(4) Falsely impersonating any licensee or certificate holder of like or different name.
(5) Using or attempting to use an expired, inactive, retired, or revoked license or certificate.
(6) Using or attempting to use a seal or stamp which is deceptively similar to the seals or stamps authorized by the board for use by its licensees.
(7) Falsely claiming that a person is licensed under this Chapter.
(8) Violation of any provisions of this Chapter or any rules or regulations adopted and promulgated by the board.
(9) Violation of or noncompliance with any order, ruling, or decision of the board.
B. For purposes of this Chapter, the term “enforcement action” shall include but not be limited to a fine in an amount not to exceed five thousand dollars per violation.
C. Charges may be preferred against any nonlicensee or noncertificate holder in the following manner:
(1) The board, on its own initiative and by a majority vote of its entire membership authorized to participate in a proceeding, may prefer charges against any nonlicensee or noncertificate holder who commits or engages in any of the acts or offenses listed in Subsection A of this Section.
(2) The board, on receipt of a complaint from any person and by majority vote of the board’s entire membership authorized to participate in a proceeding, may prefer charges against any nonlicensee or noncertificate holder who commits or engages in any of the acts or offenses listed in Subsection A of this Section. Such complaint shall be in writing, shall be sworn to by the person or persons making the complaint, and shall be filed with the board.
D. Within twenty days of the board’s preferral of charges, the board shall mail a copy of said charges to the last known address of the nonlicensee or noncertificate holder so charged.
E. In the event the board determines after investigation that the charges so preferred are completely unfounded, more appropriately resolved outside the formal enforcement proceedings, or not within the jurisdiction of the board, the board shall so advise the charged party, in writing, of its determination. Otherwise, all charges shall be heard by the board or a hearing committee designated by the board within twelve months after the date on which they shall have been preferred. This twelve-month period may be extended with the consent of both the board and the charged party.
F. The date, time, and place for said hearing shall be fixed by the board or the hearing committee and a copy of the charges, together with a notice of the date, time, and place of the hearing, shall be personally served on or mailed to the last known address of the charged party, at least thirty days before the date fixed for hearing. At any hearing, the charged party shall have the right to appear in person, or by counsel, or both, to cross-examine witnesses in his defense, and to produce evidence and witnesses in his defense. If the charged party fails or refuses to appear at the hearing, the board or the hearing committee may proceed to hear and determine the validity of the charges.
G. If, after such hearing, a majority of the entire board membership authorized to participate in the proceeding vote in favor of sustaining the charges, the board may take enforcement action against the charged party. Any charges found by the board after a hearing to be unfounded shall be published in the official journal of the board, if requested in writing by the charged party.
H. A charged party aggrieved by any enforcement action taken by the board may appeal therefrom, pursuant to the provisions of the Administrative Procedure Act.
I. In addition to any other action, the board may assess all reasonable costs incurred in connection with an enforcement proceeding, including investigators’, stenographers’, and attorney fees in conjunction with any other enforcement action taken. The assessment of costs may be considered enforcement action.
J. All enforcement actions taken shall be published in the official journal of the board and may be released to other professional organizations relating to professional geoscience or to the news media.
K. The board may make informal disposition by consent order, agreement, settlement, or default of any enforcement proceeding pending before it. Each such informal disposition shall have no force or effect unless ratified by the board at its next regular meeting. Consent orders may be considered enforcement actions.
L. The board may establish a complaint review committee to investigate, mediate, or initiate enforcement or legal proceedings on behalf of the board with respect to charges preferred or information received by the board alleging that a nonlicensee or noncertificate holder committed or engaged in any of the acts or offenses listed in Subsection A of this Section. The complaint review committee shall consist of at least one member of the board.
M. Any individual nonlicensee or noncertificate holder found by a district court to have committed any of the acts or offenses listed in Subsection A of this Section shall be guilty of a misdemeanor and shall, upon conviction, suffer imprisonment for a period not exceeding three months. This penalty shall be in addition to any other enforcement action taken by the board.
N. It shall be the duty of the attorney general, all district attorneys, and all duly constituted officers of the law of this state, or any political subdivision thereof, to enforce the provisions of this Chapter and to prosecute any persons violating same. The attorney general of this state, or his assistant, shall act as legal advisor to the board if the board so requests and render such legal assistance as may be deemed necessary by the board in carrying out the provisions of this Chapter, provided that this shall not relieve the local prosecuting officers of any of their duties under the law as such.
O. Alternatively, following an investigation of any charges preferred or information received by the board alleging that a nonlicensee or noncertificate holder committed or engaged in any of the acts or offenses listed in Subsection A of this Section, and dependent upon the result of such investigation, the board may present its findings to the district attorney in whose district such act or offense has occurred, and shall aid in the prosecution of the violator; or the board may, if it deems necessary, prosecute any violator directly and in its own name, in any district court of this state for such act or offense. Such action may be instituted by any member, attorney, employee, or agent of the board.
Acts 2010, No. 974, §1, eff. Jan. 1, 2011.