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SB NO.

326 ENROLLED labor together with material and equipment, or installing the same for the wiring, fixtures,orappliancesforthesupplyof electricityto anyresidential,commercial,or other project, for which the project value is ten thousand dollars or more.

This Paragraph is not deemed or construed to limit the authority of a contractor, general contractor, or residential contractor, as those terms are defined in this Section, nor to require such individuals to become an electrical contractor.

(7)(9)"Employee"meansaworkerwhoseemployerpersonwhoseemployer is required by law to deducts deduct taxes from his wages and reports report his annual earnings to the Internal Revenue Service using a W-2 form.

(8)(10) "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.

The executive director is the appointing authority for all employees of the board.

(9)(11)(a) "General contractor" means a person who contracts directly with theowner.Theterm"generalcontractor"includestheterm"primarycontractor"and wherever used in this Chapter or in regulations promulgated thereunder "primary contractor" means "general contractor".

(b) "General contractor" does not mean any person, supplier, manufacturer, oremployeeofsuchpersonwhoassembles,repairs,maintains,moves,putsup,tears down, or disassembles any patented or proprietary equipment supplied by such person to a contractor to be used solely by the contractor for a construction undertaking.

(10)(12) "Home improvement" means the reconstruction, alteration, renovation,repair,modernization,conversion,improvement,removal,ordemolition, or the construction of an addition to any preexisting residential structure which building is used or designed to be used as a residence or dwelling unit, or to structures which are adjacent to such residence or building for which the project value is seven thousand five hundred dollars or more.

"Home improvement " does not include services rendered gratuitously.

(11)(13)"Homeimprovementcontractor"meansanypersonwhoundertakes Page 4 of 21 Coding:

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326 ENROLLED or attempts to undertake or submits a price or bid or offers to construct, supervise, superintend, oversee, direct, perform, or in any manner assume charge of a home improvement project for which the project value is at least seven thousand five hundreddollarsbutlessthanfiftythousanddollars.Ahomeimprovementcontractor shall not performanystructuralworkthatis integraltothestructuralintegrityofany new or existingstructure,includingbut not limited to footings, foundations, outside walls, skeleton, bearing columns and interior load bearing walls, floor slabs, or roofing systems to any type.

(12)(14) "License" means any form of license or registration the board is authorized to issue in accordance with this Chapter.

(15) "Manufactured home" and "manufactured housing" means a factory-built residential dwelling unit constructed to standards and codes, as promulgated by the United States Department of Housing and Urban Development(HUD),undertheNationalManufacturedHousing Construction and Safety Standards Act of 1974, 42 U.S.C.

5401 et seq., as amended.

The terms "manufactured home" and "manufactured housing" may be used interchangeably and apply to structures bearing the permanently affixed seal of the United States Department of Housing and Urban Development.

(13)(16) "Mechanical contractor" means any person who undertakes to, attempts to, or submits a price or bid or offers to construct, supervise, superintend, oversee, direct, perform, or in any manner assume charge of the construction, alteration,repair,improvement,movement,demolition,puttingup,tearingdown,or furnishing labor, or furnishing labor together with material and equipment, or installingthesamefortheconstruction,installation,maintenance,testing,andrepair of air conditioning, refrigeration, heating systems, and plumbing for all residential, commercial, and industrial applications as well as ventilation systems, mechanical work controls, boilers and other pressure vessels, steam and hot water systems and piping, gas piping and fuel storage, and chilled waterand condensingwatersystems and piping, including but not limited to any type of industrial process piping and related valves, fittings, and components, for which the project value is ten thousand Page 5 of 21 Coding:

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326 ENROLLED dollars or more.

A mechanical contractor who performs plumbing work for which the project value is ten thousand dollars or more shall possess a master plumber license issued by the State Plumbing Board of Louisiana.

This Paragraph is not deemed or construed to limit the authority of a contractor, general contractor, or residential contractor, as those terms are defined in this Section, nor to require such individuals to become a mechanical contractor.

(17)"Megaproject"meansacommercialconstructionprojectforwhich the project value is five hundred million dollars or more, or a broadband project administered in accordance with the Broadband Equity, Access, and Deployment(BEAD)ProgramissuedbytheNationalTelecommunicationsand Information Administration of the United States Department of Commerce.

(18) "Modular home" and "modular housing" means a factory-built residentialdwellingunit built totheInternational Residential Codeasadopted by the Louisiana State Uniform Construction Code Council.

(14)(19) "Mold remediation contractor" means any person who engages in removal,cleaning,sanitizing,demolition,orothertreatment,includingpreventative activities,ofmoldormold-contaminatedmatterthatwasnotpurposelygrownatthat location for which the project value is seven thousand five hundred dollars or more.

Moldremediationappliesonlytotheregulation ofmold-relatedactivitiesthataffect indoor air qualityand does not applyto routine cleaning when not conducted for the purpose of mold-related activities intended to affect indoor air quality.

(15)(20) "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.

(16)(21) "Plumbing contractor" means any person who installs, maintains, and repairs potable andnonpotabletapwateror sewersystems within for a building Page 6 of 21 Coding:

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326 ENROLLED structureorresidentialstructure,includingservicelines,forwhichtheprojectvalue is ten thousand dollars or more.

(17)(22) "Principal" means an owner, shareholder, or an officer or director of a corporation;

a member or manager of a limited liability company;

a general partner of a partnership;

a sole proprietor;

a trustee;

or a full-time employee with similar operational control or significant influence with respect to any person as determined by the board.

(18)(23) "Qualifying party" means a natural person designated by the contractor to represent the contractor for the purpose of complying with the provisions of this Chapter including but not limited to meeting the requirements for the initial license and any continuation thereof.

(19)(24)(a)"Residentialcontractor"meansanypersonwhoconstructsafixed building or structure for sale or use by another as a residence or who, for a price, commission,fee,wage,orothercompensation,undertakesorofferstoundertakethe constructionorsuperintendingoftheconstructionofanyresidentialstructurewhich is not more than three floors in height, to be used by another as a residence, for which the project value is fifty thousand dollars or more.

The term "residential contractor" includes all persons who receive an additional fee for the employment or direction of labor, or any other work beyond the normal architectural or engineering services.

(b) "Residential contractor" includes both of the following:

(i) Any person bidding or performing home improvement for which the project value is seven thousand five hundred dollars or more.

(ii) Any person performing the installation of a modular home with a value equal to or greater than fifty thousand dollars for which the total project value shall not include the cost of the component parts of the modular home in the condition each part leaves the factorypursuant to R.S.

40:1730.71.

(c)"Residentialcontractor"doesnot include anyperson engagedin building residential structures that are built to the United States Department of Housing and Urban Development's construction standards for manufactured housing as outlined Page 7 of 21 Coding:

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326 ENROLLED at 42 U.S.C.

5401 et seq., or mounted on a metal chassis and wheels.

(20)(25) "Residential roofing" means the construction, alteration, repair, improvement, demolition, putting up, tearing down, furnishing labor, or furnishing labor together with materials or equipment, or the installation of materials or equipment for any phase of roofing specific to a residential structure for which the project value is seven thousand five hundred dollars or more.

For the purposes of residential roofing only, any structure or building that is primarily used as a residence with no more than four separate dwellings incorporated into one structure shall be considered a residential roofing project and subject to the same licensure requirements.

(21)(26) "Residential roofing contractor"means anyperson who undertakes to, attempts to, or submits a price or bid, or offers to construct, supervise, superintend, oversee, direct, perform, or in any manner assume charge of a residentialroofingprojectforwhichtheprojectvalueisseventhousandfivehundred dollars or more.

(22)(27) "Residential structure" means a building or structure that is used primarily for occupancy by a person as a residence.

Such structures or buildings include but are not limited to single family dwellings and duplexes which are not more than three floors in height and structures that are part of or adjacent to the building or structures to be used as a residence.

A residential structure more than three floors in height may be built by a person holding a building construction and residential construction license.

(23)(28)"Subcontract"meansanagreementtoperformaportionofthescope of work contained in the principal contract including the entire cost of labor and materials of that part of the principal contract which is performed by the subcontractor.

(24)(29)(a)"Subcontractor"meansapersonwhocontractstoperformascope of work that is a part of the scope of work contained in the principal contract.

(b) "Subcontractor" does not include any person, supplier, or manufacturer whoassembles,repairs,maintains, moves, puts up, tears down, or disassembles any Page 8 of 21 Coding:

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326 ENROLLED patentedorproprietaryequipmentsuppliedbysuchpersontoacontractorto beused solely by the contractor for a construction undertaking.

* * * §2152.

Domicile;

officers A.

* * * (2) Meetings of the board shall be subject to the Open Meetings Law.

The board may hold regular or special meetings outside of Baton Rouge at a location withinthestateafterpropernoticehasbeenprovidedtothepublic.Meetingsoutside of Baton Rouge shall be held at a meeting space located in a public building and open to the public for the purposes of the meeting.

At least a majority of the regular monthly meetings of the board each year shall be held in Baton Rouge.

(3) Except as otherwise provided by law, all meetings of the board shall be conducted in accordance with Robert's Rules of Order.

* * * §2155.

Residential Contractors Subcommittee;

membership;

terms;

powers;

duties * * * G.

Subject to the approval of the board, the residential subcommittee has all of the following powers and duties:

* * * (3)Toprescribeandadoptregulationsandpoliciesforcontinuingeducation.

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 board or a memberoftheresidentialsubcommitteeorlegalentityin whichhehasacontrolling interest.

* * * (6)(a) If the board receivesa complaint that is based on a license or rule violation, no proceeding may be instituted after five years from the date of the act or omission.

This period may be interrupted by the filing of procedural motions or suspended as provided in this Paragraph.

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326 ENROLLED (b) The time period provided in this Paragraph shall be suspended duringthependencyofalegalactioninvolvingthelicenseeasapartyorwitness if the complaint arises from the same facts giving rise to the legal action or arises from the licensee's activities in the legal action.

(c) Notwithstanding the provisions of this Paragraph, in the event the board finds that the public health, safety, or welfare imperatively requires emergency action, the board may take emergency action and issue a summary suspension in accordance with R.S.

49:977.3(C).

For the purposes of this Paragraph, "legal action" includes litigation, arbitration, mediation, an administrative proceeding, or any other disciplinary proceeding.

(7) The board shall use special counsel to conduct disciplinary proceedings and prosecute violations at regular or special meetings whenever deemed necessary and shall also use special hearing officers at the board's discretion.

These proceedings shall be in accordance with R.S.

49:975 et seq.

The provisions of this Paragraph shall not limit the special counsel to only mattersofadisciplinary proceedingprovidedtheboard'sgeneralcounselshall not prosecute cases.

§2156.

Applications;

licenses;

fees;

renewals A.

* * * (3) Failure to meet all requirements of licensure shall result in denial of the application of an applicant or any principal.

An applicant may appeal the denial in the following order:

(a) An applicant shall first appeal the denial to the board upon written request at the next regular meeting of the board.

(b) Following the final decision of the board pursuant to Subparagraph (a) of this Paragraph, an applicant may appeal the final decision of the board by filing a petition within thirty days of the final decision or order in the Nineteenth Judicial District Court.

* * * K.

* * * Page 10 of 21 Coding:

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326 ENROLLED (3)AnyandallfundscollectedpursuanttothisSubsectionshallbedisbursed to the accredited public university or community college schools of construction management or construction technology by October first of each year upon completion of the annual audit of the board, less a two percent administrative fee to be retained by the board.

The funds shall be used by the accredited public universityorcommunitycollegeschoolsofconstructionmanagementorconstruction technologysolelyfor the benefit of their program and the expenditure of such funds shall be approved by the industry advisory council or board for the program.

The funds collected pursuant to this Subsection shall be in addition to any other monies received by such schools and are intended to supplement and not replace, displace, or supplant any other funds received from the state or from any other source.

Any school of construction management or construction technology that experiences a decrease in the funding appropriated to them by the accredited public university or community college as determined by the industry advisory council or board for the program shall be ineligible forparticipationundertheprovisions ofthis Subsection, and the monies from the fund for such school of construction management or construction technology shall be redistributed on a pro rata basis to all other accredited and eligible schools.

* * * M.

No licenseshall beissuedtoanydomesticorforeignentityrequiredto be registered with the secretary of state which does not hold a certificate of authority to do business in this state and is in good standing.

N.

Except for the licenses,fees,and assessments authorized bythis Chapter, andexceptfortheoccupationallicensetaxesauthorizedbytheconstitutionandlaws of this state, and except for permit fees charged by parishes and municipalities for inspectionpurposes,andexcept for licenses requiredbyparishesandmunicipalities for the purpose of determining the competency of mechanical, electrical, or plumbingcontractors,orboth,andelectricalcontractors,nocontractorshallbeliable for any fee or license as a condition of engaging in the contracting business.

§2156.1.

Requirements for issuance of a license Page 11 of 21 Coding:

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326 ENROLLED * * * B.(1)An applicant and a qualifying party for a license orregistration shall be a United States citizen or legal resident of the United States.

An applicant shall submit a financial statement on a form supplied bythe board, currentto within twelve months of the date of filing the application, prepared and signed by an accountant, bookkeeper, or certified public accountant and signed by the applicant, attesting the statement is true and correct.

In lieu of a signature bya certified public accountant on the board's form, a current financial statement prepared bya certified public accountant may be attached.

* * * D.Notwithstanding any otherprovision of law tothecontrary,criminal background information in the possession of the State Licensing Board for Contractors shall be confidential and shall not be disclosed to any person outside of the agency, except as necessary for action on the application of the applicant.

However, any such record may be released to the public in an administrativeproceedingbeforetheboard,andanyfinaldeterminationmade by the board relative to the fitness of any person to receive or to continue to hold a license issued by the board and any legal ground upon which such determination is based shall be a public record as provided by R.S.

44:4(51).

Theprovisionsof this Subsectionshallnotbeconstruedtointerfereorlimitthe jurisdiction and oversight of the legislative auditor or the inspector general E.(1) An applicant for licensure shall designate a qualifying party for each classification and for the Louisiana business and law requirement.

The qualifying party shall meet all application requirements and shall satisfy any examination and credential requirement.

When the qualifying party is no longer associated with the license, the board shall be notified within thirty days of the disassociation, and another qualifying party shall qualify within sixty days.

* * * E.F.(1)Residentialconstructionanditssubclassifications,moldremediation, andhomeimprovementapplicantsshallberequiredtosubmitcertificatesevidencing Page 12 of 21 Coding:

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326 ENROLLED workers' compensation coverage in compliance with Title 23 of the Louisiana Revised Statutes of 1950, and liability insurance in a minimum amount of one five hundred thousand dollars or liability protection provided by a liability trust fund as authorized byR.S.

22:46(9)(d) in a minimum amount of one five hundred thousand dollars.

(2) Proof of insurance coverage shall be provided by an agent, broker, or insurance company showing the name of the licensee, the name of the insurance company, the name and address of the insurance broker, the insurance policy number, the beginning and ending insurance coverage dates, no exclusions for the licensee's scopes of work for which he is licensed, and the board that is listed as a certificate holder.

(3) Coverage shall be for a minimum of six months and shall include all scopes of work for which an applicant is licensed to perform.

(4) The policy shall list the board as a certificate holder.

F.(1)G.(1) Notwithstanding any other provision of law to the contrary, any residential home improvement or mold remediation licensee in good standing with the board for not less than one consecutive year may apply to transfer the license to an inactive status.

(2) An inactive licensee shall follow the same renewal requirements as an active licensee as provided in this Chapter, including the payment of fees, with the exception of the submission of current insurance certificates.

(3) An inactive licensee shall be required to fulfill all prescribed continuing education requirements established for active licensees.

(4)Alicenseemayrequesttransferfrominactivestatustoactivestatusatany time, if:

(a) The inactive license has been renewed as provided for in this Section.

(b) The inactive license is current at the time the request is received by the board.

(c) The licensee submits the required insurance certificates as provided in Subsection E of this Section.

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326 ENROLLED G.H.

Before a license is issued, a mold remediation license applicant shall be required to furnish evidence to the board that he has satisfactorily completed at least twenty-four hours of training in mold remediation and basic mold assessment.

H.(1)I.(1)Mechanical,plumbing,andelectricalcontractorslicensedpursuant to the provisions of this Section are excluded from local, municipal, or parish regulatoryauthority examination procedures and may bid and perform work within any local jurisdiction upon paying all appropriate fees.

(2) The purpose of this Subsection is to preempt local, municipal, or parish regulatory examination authority for statewide-licensed mechanical, plumbing, or electrical contractors bidding and performing work in multiple jurisdictions.

The preemption shall further exclude the employees of statewide-licensed electrical and mechanical contractors from local, municipal, or parish regulatory examination or certification authority as a condition to performing work for the statewide-licensed electrical or mechanical contractor.

I.(1)J.(1) Any plumbing contractor who currently holds a Master Plumber LicensefromtheStatePlumbingBoardofLouisianashallbeexemptfromanytrade examination requirement.

(2)NothinginthisSectionshallbeconstruedtopermitplumbingcontractors to perform plumbing work without first complying with the licensure provisions of Chapter 16 of this Title, R.S.

37:1361 et seq.

J.K.

The board may consolidate, add, or remove subclassifications or specialties by rule as it deems appropriate.

§2156.2.

Requirements of a licensee;

record keeping;

duty to report * * * B.

A licensee shall have a continuing duty to provide written notification to the board within thirty calendar days of both of the following:

* * * (2)Anycriminal,civil, oradministrativeactionsinstituted orpendingin any jurisdiction against or involving the licensee, qualifying party, or any principal of the licensee.

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326 ENROLLED * * * §2156.4.

Residential roofing * * * D.

For purposes of residential roofing only, any structure or building used as a residence and containing no more than four separate dwelling units within a single structure shall be considered a residential roofing project and shall be subject to the same licensure requirements.

§2157.

Exemptions A.

The provisions of this Part shall not apply to any of the following:

* * * (15) The following persons are exempt from home improvement licensure:

* * * (b) Persons licensed as a building construction contractor or residential contractor.

* * * (17) Any person performing work as a subcontractor for a residential construction license holder, except for electrical, mechanical, plumbing, mold remediation, water wells, asbestos, or hazardous materials scopes of work.

The subcontractor shall contract directly with the residential license holder.

(18) Any person performing home improvement work for a building construction license holder, except for electrical, mechanical, plumbing, mold remediation, asbestos, or hazardous material scopes of work.

(19) Electrical, mechanical, and plumbing licensees who are acting exclusively within the scope of their classification.

* * * §2158.

Revocation and suspension of licenses;

issuance of cease and desist orders;

debarment;

violations;

penalty;

criminal penalty A.Nopersonmayengageinthebusinessofcontracting,oractasacontractor as defined in this Chapter, unless he holds an active license as a contractor in accordance with the provisions of this Chapter.

The board and residential Page 15 of 21 Coding:

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326 ENROLLED subcommittee may revoke, suspend, or refuse to renew a license;

issue cease and desist orders to stop work;

issue fines and penalties;

or debar any person licensed pursuant to the provisions of this Chapter for any of the following violations:

* * * (24)FailuretocomplywiththeprovisionsoftheLouisianaUnderground Utilities and Facilities Damage Prevention Law, R.S.

40:1749.11 et seq.

(25) Damaging or altering the property of any person with the intent to induce that person to enter into a contract.

(26)Failuretopayformaterialsorservicesrenderedinconnectionwith operating as a contractor when the contractor has received sufficient funds as paymentfortheconstructionwork,project,oroperationforwhichtheservices or materials were rendered or purchased.

(27) Making a material misrepresentation of fact in any application for a permit required by state, municipal, or parochial law.

* * * C.

In the event of a revocation of a license or a qualifying party status, the personorqualifyingpartyshallbeineligibletoapplyforalicenseorqualifyingparty status for three years following the revocation.

Any person applying for a license, or qualifying party status after expiration of the three years following the revocation, shall appear before the board for approval of the issuance of a license or qualifying party status.

* * * E.

Any party to the proceeding who is aggrieved by the action of the board mayappeal the decision in accordance with the Administrative Procedure Act, R.S.

49:950 et seq.

Any party aggrieved by a final decision or order of the board in an adjudication proceeding may appeal the action of the board by filing a petition within thirty days of the final decision or order in the Nineteenth Judicial District Court.

Upon request by the aggrieved party for a stay of enforcementoreffectoftheboard'sorderpendingreview,theaggrievedparty's request for stay shall be set by the court for hearing with no less than ten days Page 16 of 21 Coding:

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326 ENROLLED prior written notice to the board or the attorney representing the board.

After hearing the request for stay, the court shall determine whether to staythe final order or decision of the board pending review of the appeal.

Upon making its determination, the court shall then enter an order accordingly.

* * * G.(1) All documents and records of any applicant or licensee and all investigative material regarding any alleged violations or violations of any licensee shall be exempt from production under the Public Records Laws, pursuant to R.S.

44:1 et seq., except when introduced as evidence in an administrative hearing held by the board.

(2) The board's staff shall produce and publish the names, addresses, contact information, and license information of all current licensees.

* * * §2159.1.

Contracting;

prohibited acts;

property insurance A.

The following acts are prohibited by persons performing contracting services:

(1) Interpreting insurance policy provisions regarding coverage or duties under an insured's property insurance policy or advertising or soliciting such services.

A contractor shall be considered to have violated the provisions of this Paragraph if a person working on behalf of the contractor including but not limited toacompensatedemployeeoranonemployeewhoiscompensatedbythecontractor violates the provisions of this Paragraph.

(2) Adjusting a property insurance claim on behalf of an insured as a public adjuster, as defined in R.S.

22:1692, or advertising or soliciting such services.

A contractor shall be considered to have violated the provisions of this Paragraph if a person working on behalf of the contractor, including but not limited to a compensated employee or a nonemployee who is compensated by the contractor, violates the provisions of this Paragraph.

(3)Providinganinsuredwithanagreementauthorizingremediation,repairs, or construction without prior to and without first providing a good faith estimate Page 17 of 21 Coding:

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326 ENROLLED oftheitemizedanddetailedcostsofservicesandmaterialsforremediation,repairs, or construction to be undertaken pursuant to a an insured propertydamage claim.

A contractor shall be considered to have violated the provisions of this Paragraph if a person working on behalf of the contractor including but not limited to a compensated employee or a nonemployee who is compensated by the contractor violatestheprovisionsofthisParagraph.AcontractordoesnotviolatethisParagraph if, as a result of the insurer adjusting a claim, the actual cost of repairs differs from the initial estimate.

(4) Sharing in any legal fee earned byan attorney.

(5) Requiring an insured to sign an attorney representation agreement on behalf of an attorney.

(6)Acceptingafee,commission, or other valuable consideration, regardless of form or amount, in exchange for a referral by the person or company to an attorney or law firm.

(7) Advertising or soliciting as insurance claims specialists.

(8) Advertising or soliciting as providing any insurance claim or policy interpretation related services to an insured.

(9) Assignment of benefits.

B.

Forthepurposes of this Section,"assignmentagreement"meansany instrument by which post-loss benefits under a residential or commercial property insurance policy, including but not limited to any right of action against the insurer or any proceeds acquired from the insurer, are assigned, transferred, or otherwise acquired, in whole or in part, to or from a person providingservices,includingbutnotlimitedtoinspecting,protecting,repairing, restoring,orreplacingthepropertyormitigatingagainstfurtherdamagetothe property.

C.(1)Nopersonshallsolicitoracceptanassignment,inwholeorinpart, of any post-loss insurance benefit under a residential or commercial property insurancepolicy.Anysuchassignmentagreementshallbeagainstpublicpolicy and void.

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326 ENROLLED (2) The provisions of Paragraph (1) of this Subsection shall not apply to any of the following:

(a)Anassignment,transfer,pledge,orconveyancegrantedtoafederally insured financial institution, mortgagee, or subsequent purchaser of the property.

(b) Liability coverage under a residential or commercial property insurance policy.

D.AnyviolationofSubsectionCofthisSectionshallconstituteanunfair or deceptive trade practice and subject the violator to any action and penalty pursuant to R.S.

22:1969.

E.

The provisions of Civil Code Article 2652 shall not apply to this Section.

F.NothinginthisSectionshallbeconstruedtoprohibitanattorneyfrom collecting a contingency fee, pursuant to R.S.

37:218 and the Rules of Professional Conduct of the Louisiana State Bar Association, for an action related to a property insurance claim.

* * * §2163.1.

Records and evidence;

civil subpoenas The board's papers, documents, reports, or evidence related to the subjectof an investigation in accordancewith this Chapter shall notbesubject todisclosureuntilthecompletionoftheinvestigation.Suchpapers,documents, reports, or evidence relative to the subject of an investigation in accordance with this Chapter shall not be subject to subpoena until the investigation has concluded and any violations have been adjudicated at a hearing before the board, unless a court of competent jurisdiction determines the agency and the personwhoisthesubjectoftheinvestigationwouldnotbenecessarilyhindered by such subpoena.

Board personnel shall not be subject to subpoena for a civil action by any court of this state to testify concerning any matter of which they have knowledge pursuant to a pending investigation.

Nothing in this Section shallbeconstruedtointerferewithorlimitthejurisdictionandoversightofthe Page 19 of 21 Coding:

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326 ENROLLED legislative auditor or the inspector general.

§2164.

Violations;

civil penalty;

jurisdiction A.

Anyperson who violates anyprovision of this Chapter shall, after notice and a hearing, be liable to the board for a fine of up to ten percent of the total contract or the value of the work bid or being performed for which there is a violation.

In addition to the fine, the board may impose administrative costs and attorney fees for each offense.

For violations of this Chapter for which a value cannotbedeterminedordoesnotapply,theviolatorshallbeliabletotheboard for a fine of not more than ten thousand dollars.

In addition to the fine, the board may impose administrative costs and attorney fees for each offense.

In determining the amount of the administrative penaltycosts, the board or residential subcommittee shall consider the efforts expended by the board's staff in investigating and prosecuting the violation, the circumstances and seriousness of the violation, cooperation on the part of the contractor, and the history of previous violations.

B.Amonetarypenaltyassessedbytheboardortheresidentialsubcommittee is payable within ninety days or as provided by law.

Failure to pay an outstanding penalty may be cause to deny issuance or renewal of a license or registration or suspension of license and may be subject to collection efforts as provided bylaw.

* * * I.

All fines or penalties, except for a four percent administrative fee, collectedbytheboardpursuantto theprovisions ofthisSectionforviolationsofany provision of this Chapter shall, annually, at each audit of the board, be transferred to a separate contractor's educational trust fund to be used for educational purposes as determined by the trustees of the fund.

The Construction Education Trust Fund shall make an audited financial report to the board annually.

* * * L.

A licensee shall maintain a current email address on file with the board for purposes of receiving all board correspondence, including but not limited to notices, actions, and requests for information.

Such correspondence Page 20 of 21 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

326 ENROLLED shall be considered received upon receipt of an email delivery confirmation by the board.

Section 2.

R.S.

37:2157(A)(19) is hereby repealed.

PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

Page 21 of 21 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.