2021 Louisiana Laws
Revised Statutes
Title 37 - Professions and Occupations
§2158. Revocation, suspension, and renewal of licenses; issuance of cease and desist orders; debarment; criminal penalty

RS 2158 - Revocation, suspension, and renewal of licenses; issuance of cease and desist orders; debarment; criminal penalty

A. The board may revoke, suspend, or refuse to renew a license; issue cease and desist orders to stop work; or debar any person or licensee licensed pursuant to the provisions of this Chapter for any of the following causes:

(1) Any dishonest or fraudulent act as a contractor which has caused damage to another, as adjudged by a court of competent jurisdiction.

(2) Willful misrepresentation of fact by an applicant in obtaining a license.

(3) Willful failure to comply with the provisions of this Chapter or the rules and regulations promulgated pursuant thereto.

(4) Entering into a contract with an unlicensed contractor involving work or activity for the performance of which a license is required by this Chapter.

(5) Permitting the contractor's license to be used by another contractor when the other contractor does not hold a license for the classification of work for which the contract is entered.

(6) Failure to maintain a qualifying party to represent the licensee.

(7) Insolvency or involuntary cessation of business operation.

(8) Failure to continue to fulfill any of the requirements for original licensure.

(9) Problems relating to the ability of the contractor, its qualifying party, or any of its principal owners or principal shareholders to engage in the business of contracting, as demonstrated by their contracting business experience.

(10) Disqualification or debarment by any public entity.

(11) Failure to possess any insurance required by federal law.

(12) Failure to timely notify the board of any change in corporate name, company name, address of the licensee, or any other contact information as required.

B.(1) In order to enforce the provisions of this Chapter, the board may conduct hearings in accordance with the provisions of R.S. 49:951 through 965.1. The board shall maintain and make available a record of all persons or licensees who have been disqualified by any public entity pursuant to R.S. 39:1672. If any person or licensee has been disqualified more than once in a twelve-month period, the board shall hold a debarment hearing.

(2) After the hearing, if the board rules that a person has violated any provision of this Chapter, or that a person or licensee has been appropriately disqualified more than once in a twelve-month period, in lieu of revoking or suspending the license, the board may order the person to immediately discontinue all work on the construction project which is the subject of the hearing, debar a person or licensee from bidding on projects for any public entity for up to three years, or both. Additionally, the board may require the licensee to pay the actual costs incurred by the board in connection with the investigation and to conduct the hearing. In accordance with R.S. 49:964, the board may grant a stay of the enforcement of its order for good cause.

(3) Any party to the proceeding who is aggrieved by the action of the board may appeal the decision in accordance with R.S. 49:951 through 965.1.

C. The board may sue and be sued and, to that end, shall have the authority to apply to a court of competent jurisdiction for a temporary restraining order and a writ of injunction to restrain and prohibit any violation of this Chapter and the performance of any work then being done or about to commence.

D. In accordance with the provisions of R.S. 49:951 through 965.1, any person who applies for and is denied a license by the board, or whose license has been revoked, rescinded, or suspended, may apply to the Nineteenth Judicial District Court in and for the parish of East Baton Rouge to determine whether the board has abused its discretion.

E. In addition to actions taken by the board, it shall be unlawful for any person to engage in the business of contracting without authority as provided in R.S. 37:2160.

Added by Acts 1956, No. 113, §8. Amended by Acts 1964, No. 113, §8; Acts 1992, No. 681, §1, eff. July 6, 1992; Acts 1997, No. 773, §1; Acts 2009, No. 156, §1; Acts 2012, No. 163, §1; Acts 2019, No. 371, §1.