Contents october 2013 I. Executive orders

A - E. …

G - K. …

HISTORICAL NOTE: Promulgated by the Department of Economic Development, Board of Home Inspectors, LR 26:2741 (December 2000), amended by the Office of the Governor, Board of Home Inspectors, LR 30:1687 (August 2004), LR 35:1519 (August 2009), LR 36:2858 (December 2010), LR 38:2529 (October 2012), LR 40:

A. - B.5. …

6. The board may approve up to four hours of credit per licensing period for attending a quarterly or special board meeting or for serving on a committee appointed by the board and up to three hours of credit per appointment and six hours per licensing period for acting as an Special Investigating Entity as described in Sec 707.

B.7. - F.6. …

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1477, and R.S. 37:1479-1480.

HISTORICAL NOTE: Promulgated by the Department of Economic Development, Board of Home Inspectors, LR 26:2742 (December 2000), amended by the Office of the Governor, Board of Home Inspectors, LR 36:2860 (December 2010), LR 37:2405 (August 2011), LR 38:2531 (October 2012), LR 40:

A. Pursuant to R.S. 9 §3650 the LSBHI shall issue a license to a military-trained applicant to allow the applicant to lawfully practice home inspection in this state if, upon application to the board, the applicant satisfies all of the following conditions:

1. has completed a military program of training, been awarded a military occupational specialty, and performed in that specialty at a level that is substantially equivalent to or exceeds the requirements for licensure under these rules;

2. has been actively engaged in the practice of home inspection; and

3. has not been disciplined in any jurisdiction for an act that would have constituted grounds for refusal, suspension, or revocation of a license to practice home inspection in this state at the time the act was committed.

B. Notwithstanding any other provision of law, the LSBHI shall issue a license to a military-trained applicant to allow the applicant to lawfully conduct home inspections in this state if, upon application to the board, the applicant holds a current license, certification, or registration from another jurisdiction and that jurisdiction's requirements for licensure are substantially equivalent to or exceed the requirements for licensure under these rules.

C. Notwithstanding any other provision of law, the Board shall issue a license to a military spouse to allow the military spouse to lawfully conduct home inspections in this state, if, upon application to the board, the military spouse satisfies all of the following conditions:

1. holds a current license from another state and that jurisdiction's requirements for licensure are substantially equivalent to or exceed the requirements for licensure in this state.

2. can demonstrate competency in the occupation through methods as determined by the board, such as having completed continuing education units or having had recent experience.

3. has not been disciplined in any jurisdiction for an act that would have constituted grounds for refusal, suspension, or revocation of a license to practice home inspection in this state at the time the act was committed.

4. is in good standing and has not been disciplined by the agency that issued the license, certification, or permit in another jurisdiction.

D. In order to obtain a license to practice home inspection in this state, the applicant must make application to the board and provide official evidence that the applicant meets the qualifications set forth in Subsections A or B, above.

E. The board shall issue a temporary practice permit to a military-trained applicant or military spouse licensed in another jurisdiction while the military-trained applicant or military spouse is satisfying the requirements for licensure under the provisions of this Section, if that jurisdiction has licensure standards substantially equivalent to the standards for licensure of the board in this state. The military-trained applicant or military spouse may practice under the temporary permit until a license is granted or until a notice to deny a license is issued in accordance with rules that shall be promulgated by the board.

F. In order to obtain a temporary practice permit, the applicant must make application to the board and provide:

1. a certified copy of the applicant’s license issued by another jurisdiction;

2. evidence that the applicant is in good standing and has not been disciplined by the agency that issued the license in another jurisdiction;

3. evidence that the applicant has not been disciplined in any jurisdiction for an act that would have constituted grounds for refusal, suspension, or revocation of a license to practice home inspection in this state at the time the act was committed.

G. An individual possessing a temporary practice permit under the provisions of this Section shall receive priority processing of their application for license in accordance with these rules.

H. Nothing in this Section shall be construed to prohibit a military-trained applicant or military spouse from proceeding under the existing licensure requirements established by the board.

I. The provisions of this Section shall not apply to any applicant receiving a dishonorable discharge or a military spouse whose spouse received a dishonorable discharge.

J. The provisions of this Section shall not apply to a license issued and regulated under the authority of the judicial branch of government.

AUTHORITY NOTE: Promulgated in accordance with Act 276 of the 2012 Legislative Session, R.S. 37:3650 and R.S. 37:1475.

HISTORICAL NOTE: Promulgated by the Office of the Governor, Board of Home Inspectors, LR 40:

Chapter 7. Disciplinary Actions

§703. Complaints

A. - C. …

D. The complaint shall refer to specific violations of these rules or of the Home Inspector Licensing Law. If the complaint involves violations of the standards of practice that the licensee did not observe or report, a list of those items must be submitted with the complaint along with the corresponding violation of the standards of practice. A copy of any documentation supporting the allegations shall be filed with the complaint, if available, including but not limited to, photographs, the pre-inspection agreement, the inspection report, and any reports made by any other consultant.

E. - G. …

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1475, R.S. 37:1483, R.S. 37:1485-1487.

HISTORICAL NOTE: Promulgated by the Department of Economic Development, Board of Home Inspectors, LR 26:2750 (December 2000), amended by the Office of the Governor, Board of Home Inspectors, LR 30:1693 (August 2004), LR 40:

A. For all complaints filed pursuant to §703.A, the board shall appoint a committee, employee, or other qualified licensee to verify whether the allegations listed in the complaint may indicate violations of these rules, the standards of practice, code of ethics or the Home Inspector Licensing Law. This committee, employee or licensee shall be referred to as the "Special Investigating Entity" or “SIE” The chairman may appoint an SIE at any time to commence review of a complaint. This appointment shall be ratified by the board in executive session at its next meeting.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1475.

HISTORICAL NOTE: Promulgated by the Department of Economic Development, Board of Home Inspectors, LR 26:2750 (December 2000), amended by the Office of the Governor, Board of Home Inspectors, LR 30:1694 (August 2004), LR 40:

A. Upon receipt of a complaint filed pursuant to §703.A and conforming with this Chapter, the board shall assign a docket number to the complaint and refer it to an SIE. Any individual or member of a committee appointed to serve as an SIE shall:

1. have been a Louisiana licensed home inspector for at least three years prior to the appointment;

2. be current on all continuing education, fees and other requirements for licensure;

3. have no pending complaints against him; and

4. have performed over 300 home inspections pursuant to this Chapter.

B…

C. The SIE shall make an investigation of the charges and responses, with the sole purpose of determining whether or not the allegations listed in the complaint indicate a violation of these Rules or the Home Inspector Licensing Law. The SIE shall not visit or inspect the property at issue during the investigative process, but may contact the parties involved, and any third parties, to request any further information or documentation needed to conduct the investigation. The SIE may review photographs, reports, correspondence and other documentation submitted by any party or third party in conducting the investigation. The SIE shall prepare a report of its findings within 30 days of the completion of the investigation, and file the report with the board.

1. the docket number;

2. the names of the parties involved;

3. a list of the documents reviewed in connection with the investigation; and

4. a list of the persons contacted in connection with the investigation and the manner in which that contact was made (e.g. telephone, email, mail, etc..).

E. The report shall state whether each specific allegation of the complaint has or lacks sufficient evidence to meet the threshold for a hearing before the board.

F. If the report states that any or all allegations of the complaint lack sufficient evidence to indicate a violation of these rules or the licensing law, the chief operating officer shall advise the complainant and respondent in writing that the evidence was insufficient to support a particular or all allegations in the complaint. The chief operating officer shall also advise the complainant and respondent that, in order for the lacking allegations of the complaint to be reviewed by the board, the complainant must make a written request for review by the board within 15 days of mailing of the report, must support the complaint with additional documentation and must set forth specific reasons why the SIE’s determination on each allegation is incorrect.

G. …

HISTORICAL NOTE: Promulgated by the Department of Economic Development, Board of Home Inspectors, LR 26:2750 (December 2000), amended by the Office of the Governor, Board of Home Inspectors, LR 30:1694 (August 2004), LR 36:2863 (December 2010), LR 40:

The proposed Rule amendments have no know impact on family formation, stability and autonomy as described in R.S. 49:972.

In compliance with Act 854 of the 2012 Regular Session of the Louisiana Legislature, the poverty impact of this proposed Rule has been considered. It is anticipated that this proposed Rule will have no impact on child, individual, or family poverty in relation to individual or community asset development as described in R.S. 49:973.

Interested parties may submit written comments to Morgan Dampier, Chief Operating Officer, Louisiana State Board of Home Inspectors, 4664 Jamestown, Baton Rouge, LA, 70898-4868 or by facsimile to (225) 248-1335. Comments will be accepted through the close of business November 11, 2013.

If it becomes necessary to convene a public hearing to receive comments in accordance with the Administrative Procedures Act, the hearing will be held on November 27, 2011 at 10 a.m. at the office of the State Board of Home Inspectors, 4664 Jamestown, Suite 220, Baton Rouge, LA.

Board Attorney

The proposed rule change will not result in any implementation costs (or savings) to state or local governmental units other than those one-time costs directly associated with the publication of this rule.

The proposed rule change amends the procedures for special investigative entities (SIE) in order to clarify the role of the SIE and provide structure and consistency with investigations. The proposed rule change also revises the requirements for pre-licensing education. In addition, the military trained personnel rule will allow those with military training in the home inspection field to bypass training and education requirements in order to speed up their path to licensure.

II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

The proposed rule change will have no effect on revenue collections of state or local governmental units.

III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

The proposed rule change provides for a substantial economic benefit to military trained personnel since they will not be required to pay for pre-licensing education or training (approximately $3,000).

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

The proposed rule change could impact competition among trainees seeking licensure, since military trained persons will not have to bear the expense of pre-licensing education or training, while members of the general public would have to bear these costs to obtain a license.

Albert Nicaud	Evan Brasseaux
Attorney	Staff Director
1103#033	Legislative Fiscal Office

NOTICE OF INTENT

Office of the Governor
Board of Pardons

Board of PardonsMission Statement (LAC 22:V.101)

In accordance with the provisions of the Administrative Procedure Act (R.S. 49:950), the Board of Pardons hereby gives notice of its intent to amend its rules of LAC 22:V.101. This proposed Rule change repeals the board's mission statement. As the mission statement of the board is not in response to enactment of legislation and is not a rule or regulation, but rather provides focus and structure for the strategic plan and development of the board. The mission statement will require periodic revision in response to evidence based research and trends in the criminal justice field. The Board of Pardons shares its vision and mission to stakeholders and the general public on its website at doc.la.gov.

Title 22

CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT

Part V. Board of Pardons

§101. Mission Statement

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:572.1 and 15:572.4.

HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Board of Pardons, LR 24:1132 (June 1998), amended LR 30:2842 (December 2004), amended by the Board of Pardons, LR 39:2252 (August 2013) repealed by the Board of Pardons, LR 39:

Amendment to the rules has no known impact on family formation, stability or autonomy, as described in R.S. 49:972.

In compliance with Act 854 of the 2012 Regular Session of the Louisiana Legislature, the poverty impact of this proposed Rule has been considered. It is anticipated that this proposed rule will have no impact on child, individual, or family poverty in relations to individual or community asset development as described in R.S. 49:973.

Written comments may be addressed to Linda Landry, Principal Assistant to the Board of Pardons and Parole, P.O. Box 94304, Baton Rouge, LA 70804 until 4:30 p.m. on November 8, 2013.

Chairman
FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES

The proposed rule change will have no impact on state or local governmental unit expenditures. The proposed rule repeals the Board of Pardon's mission statement and instead, provides a link to the Board's vision and mission on its website at doc.la.gov.

II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

There will be no effect on revenue collections of state or local governmental units as a result of the proposed rule change.

III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

There is no estimated cost and/or economic benefit to directly affected persons or non-governmental groups as a result of the proposed rule change.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

There is no estimated effect on competition and employment as a result of the proposed rule change.

ParoleMission Statement, Meetings and Hearings of the Committee on Parole, Parole Decisions, and Time Served

In accordance with the provisions of the Administrative Procedure Act (R.S. 49:950), the Board of Pardons/Committee on Parole hereby gives notice of its intent to amend its rules of LAC 22:XI:108, 511, 701, 705, 1115 and 1301. These proposed rule changes include technical revisions; §511 provides for a parole hearing in absentia for offenders housed in a medical treatment facility; §701 simplifies the description of the validated risk assessment instrument considered in parole decision making; §705 establishes the procedure for requesting reconsideration of a parole decision; §1115 removes the requirement for monthly transmission of revocation dockets to Probation and Parole District Offices as this information is now available in a case management database.

Chapter 1. Administration

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:574.2 et seq., R.S. 15:535 et seq., and R.S. 15:540 et seq.

HISTORICAL NOTE: Promulgated by the Board of Pardons/Parole Committee, LR 39:2259 (August 2013) repealed by the Board of Pardons/Committee on Parole, LR 39:

Chapter 5. Meetings and Hearings of the Committee on Parole

§511. Public Hearings/Videoconferencing

A. The vice-chairman shall schedule public hearings. A copy of the schedule shall be available for public inspection at the committee office.

B.1. The panel may consider the following actions with the offender present:

a. parole;

b. revocation; and

c. recommendations for transitional work program.

2. The panel may consider the following actions without the offender present:

a. to consider rehearing requests;

b. cases where the offender is housed in a medical treatment facility or facility in other jurisdiction (such hearings conducted in absentia shall observe the same safeguards as hearings where the offender is present); and

c. to consider those matters referred by a member from single-member action (see §513, "Single Member Action"); the member who makes such a referral may not serve on the panel.

C. Generally, public hearings shall be conducted via videoconferencing, with the committee members participating from the committee's headquarters in Baton Rouge, and offenders appearing before the committee via videoconferencing at the designated prison facility.

1. In the event a medical parole is being considered and the offender is unable to appear via videoconferencing, the committee shall travel to the prison facility at which the offender is housed to conduct the hearing (§511.B.2.a. if offender being considered for medical parole is housed in a medical treatment facility).

2. In the case of videoconferencing, the family, friends, and attorney of the offender shall be at the location of the offender.

3. In the case of videoconferencing, the victim(s) may be at the location of the committee or may participate by telephone through the local district attorney's victim advocacy representative.

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:574.2 et seq., R.S. 15:535 et seq. and RS. 15:540 et seq.

HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Board of Parole, LR 24:2299 (December 1998), amended LR 28:1597 (July 2002), amended by the Department of Public Safety and Corrections, Corrections Services, LR 36:2872 (December 2010), amended by the Office of the Governor, Board of Pardons, Committee on Parole, LR 39:2263 (August 2013), LR 39:

A - C.7. ...

8. Risk Assessment

a. All Offenders. The committee will consider the risk assessment score provided by the Department of Public Safety and Corrections. The score is determined by a validated risk assessment instrument that has been validated for the Louisiana offender population. The assessment identifies potential risk and identifies programmatic needs of offenders utilizing two sets of components, static and dynamic factors.

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:574.2 et seq., R.S. 15:535 et seq., and R.S. 15:540 et seq.

HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Board of Parole, LR 24:2300 (December 1998), amended by the Office of the Governor, Board of Pardons, Committee on Parole, LR 39:2265 (August 2013)., LR 39:

A. Rehearing: An offender must apply in writing for a parole rehearing. The written request must contain the following information (at a minimum):

1. - C.3. …

D. Reconsideration. An offender may request that the Committee reconsider its decision to deny parole as outlined herein. However, this process does not establish a formal appeal process as parole is an administrative discretionary decision that is not subject to appeal.

1. A parole panel may reconsider a decision of any parole panel at the request of the board chairman.

2. An offender whose parole is denied or rescinded, or whose parole supervision is revoked may request reconsideration by the committee.

a. The request for reconsideration shall be made in writing by the offender (or the offender's authorized legal representative) and shall be postmarked no later than twenty-one calendar days from the date of the hearing during which the parole panel action was taken.

b. If the request for reconsideration is not postmarked within 21 calendar days, it shall be denied.

c. Reconsideration review shall be at the discretion of the committee and shall not be available except for the following reasons:

i. if there is an allegation of misconduct by a committee member that is substantiated by the record;

ii. if there is a significant procedural error by a committee member; or

iii. if there is significant new evidence that was not available when the hearing was conducted. A request based on the availability of new evidence or information shall be accompanied by adequate documentation.

d. A request based on an allegation of misconduct or significant procedural error shall clearly indicate the specific misconduct or procedural error being alleged.

e. A written request for reconsideration postmarked within the time period set forth in §705.D.2.a. shall be screened by the chairman or designee to determine whether the request for reconsideration raises substantial grounds to believe that one or more of the reasons for reconsideration set forth in §705.D.2.c. may be present. The request for reconsideration shall be denied by the chairman or designee, if in his or her discretion, it is determined that the request does not raise adequate grounds to believe that one or more of the reasons for reconsideration set forth in§705.D.2.c. are present.

3. If the chairman or designee determines upon screening that a request for reconsideration raises adequate grounds to believe that one or more of the reasons for reconsideration set forth in §705.D.2.c are present.

a. The request for reconsideration shall be placed on the docket for the next available parole panel hearing.

b. If a majority of the parole panel members vote in favor of granting reconsideration, the case shall be set for a parole hearing at the next available parole panel hearing date.

4. If a majority of the parole panel votes to grant full reconsideration, the following procedures shall apply.

a. The case shall be set for review at the next available parole panel hearing date. The review shall be conducted from the record of the first hearing. The appearance of the offender shall not be necessary.

b. If a committee/panel member wishes to have additional testimony, an appearance hearing may be conducted.

c. The panel shall vote after reviewing the initial taped interview and the record.

d. A decision to change the result of the hearing that is the subject of the reconsideration review shall require a unanimous vote of the parole panel conducting the reconsideration review.

e. The panel's decision to change the result of the hearing under full reconsideration review or to let the result stand shall be final.

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:574.2 et seq., R.S. 15:535 et seq., and R.S. 15:540 et seq.

HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Board of Parole, LR 24:2301 (December 1998), amended by the Office of the Governor, Board of Pardons, Committee on Parole, LR 39:2267 (August 2013), LR 39:

Chapter 11. Violations of Parole

A - B.2. ...

C.1. At the conclusion of the hearing, the panel will advise the offender orally of its decision and he will be furnished with a copy of the parole revocation decision form.

2. A copy of each parole revocation decision form will also be forwarded to the Probation and Parole District Office assigned supervision of the offender.

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:574.2 et seq., R.S. 15:535 et seq., and R.S. 15:540 et seq.

HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Board of Parole, LR 24:2306 (December 1998), amended by the Office of the Governor, Board of Pardons, Committee on Parole, LR 39:2274 (August 2013), LR 39:

Chapter 13. Time Served

§1301. Time Must Be Served if Revoked

A.1. - 2. …

3. An parolee, offender who has been granted parole by the committee before August 15, 1997 for a crime committed on or after July 26, 1972, and who has been revoked for violating the terms of parole granted by the board committee, shall forfeit all good time earned on that portion of the sentence served prior to the granting of parole, up to a maximum of 180 days.

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:574.2 et seq., R.S. 15:535 et seq., R.S. 15:540 et seq. and R.S. 15:571.5.

HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Board of Parole, LR 24:2306

(December 1998), amended by the Department of Public Safety and Corrections, Corrections Services, LR 36:2872 (December 2010), amended by the Office of the Governor, Board of Pardons, Committee on Parole, LR 39:2274 (August 2013), LR 39:

Amendment to the rules has no known impact on family formation, stability or autonomy, as described in R.S. 49:972.

In compliance with Act 854 of the 2012 Regular Session of the Louisiana Legislature, the poverty impact of this proposed Rule has been considered. It is anticipated that this proposed Rule will have no impact on child, individual, or family poverty in relations to individual or community asset development as described in R.S. 49:973.

Written comments may be addressed to Linda Landry, Principal Assistant to the Board of Pardons and Parole, P.O. Box 94304, Baton Rouge, LA 70804 until 4:30 p.m. on November 8, 2013.

Chairman

The proposed rule change will have no impact on state or local governmental unit expenditures.

The proposed rule changes are technical revisions regarding the Committee on Parole and include the following: provides for a parole hearing in absentia for offenders housed in a medical treatment facility; simplifies the description of the validated risk assessment instrument considered in parole decision making; establishes the procedure for requesting reconsideration of a parole decision; removes the requirement for monthly transmission of revocation dockets to Probation and Parole District Offices as this information is now available in a case management database; and adds the Committee on Parole’s mission statement.

II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

There will be no effect on revenue collections of state or local governmental units as a result of the proposed rule change.

III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

There is no estimated cost and/or economic benefit to directly affected persons or non-governmental groups as a result of the proposed rule change.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

There is no estimated effect on competition and employment as a result of the proposed rule change.

Thomas C. Bickham, III	Evan Brasseaux
Undersecretary	Staff Director
1310#035	Legislative Fiscal Office

NOTICE OF INTENT

Office of the Governor

Division of Administration

Racing Commission

Corrupt and Prohibited Practices (LAC 35:I.1797)

The Louisiana State Racing Commission hereby gives notice that it intends to amend the following Rule. Currently Paragraph B.4 of the Rule provides that the stewards, who have authority at the racetrack, refer particular cases to the commission. On the following types of violations, the commission has consistently redistributed the purse. The proposed Rule amends the Rule to mandate that the stewards immediately redistribute the purse for the following: a) gross violations (severity level III) of section ARCI category IV/V; b) extraordinary violations (severity level II) of section ARCI category IV/V; and c) third violations of ARCI category IV/V at any severity level within a 12-month period.

Title 35

HORSE RACING