La. Admin. Code tit. 46 § XL-122

Current through Register Vol. 50, No. 11, November 20, 2024

Section XL-122 - Military Trained Applicants

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.

La. Admin. Code tit. 46, § XL-122

Promulgated by the Office of the Governor, Board of Home Inspectors, LR 40:1003 (May 2014).

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