La. Admin. Code tit. 46 § XL-139

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

Section XL-139 - Prohibited Acts: Penalties and Costs

A. The board may suspend or revoke any license, or censure, fine, or impose probationary or other restrictions on any licensee for good cause shown which shall include but not be limited to the following:

1. being convicted of a felony or the entering of a plea of guilty or nolo contendere to a felony charge under the laws of the United States or any other state;

2. deceit or misrepresentation in obtaining a license;

3. providing false testimony before the board;

4. attempting to deceive or defraud the public;

5. professional incompetence or gross negligence;

6. rendering, submitting, subscribing, or verifying false, deceptive, misleading, or unfounded opinions or reports;

7. violating any rule or regulation adopted by the board or any provision of these rules or the law;

8. aiding or abetting a person to evade the provisions of this Chapter or knowingly combining or conspiring with an unlicensed person with the intent to evade the provisions of these rules or the law;

9. violating any Standard of Conduct adopted by the board;

10. engaging in conduct or advertising or holding oneself out as engaging in or conducting the business or acting in the capacity of a home inspector without possessing a valid license or while possessing a license that is inactive, suspended, expired or revoked;

11. falsely representing oneself as being the holder of a valid license by using the title "licensed home inspector" or any title, designation, or abbreviation deceptively similar or likely to create the impression that such person is licensed.

12. Providing fraudulent documentation or information regarding continuing education requirements.

B. The board may fine any applicant or any member of the public for good cause shown, for activities which include, but are not limited to, the following:

1. aiding or abetting a person to evade the provisions of this Chapter or knowingly conspiring with any licensed or unlicensed person with the intent to evade the provisions of this Chapter;

2. engaging in conduct or advertising or holding oneself out as engaging in or conducting the business or acting in the capacity of a home inspector without possessing a valid license;

3. falsely representing oneself as being the holder of a valid license by using the title "licensed home inspector" or any title, designation, or abbreviation deceptively similar or likely to create the impression that such person is licensed.

C. Violators of any of the provisions of these rules or the law may be fined by the board in an amount not to exceed $1,000 per each separate violation.

1. All fines issued under this Chapter shall be due and payable within 30 days of the date of the imposition of the fine, unless the party fined submits a request, in writing, to the board within 30 days of the imposition of the fine requesting a defined extension of time to pay the fine or to make periodic payments.

2. If the fine imposed is not paid in full within 30 days as prescribed in §139. C.1 above, or as extended by the board after timely written request, the licensees license shall be automatically suspended without further action from the board until the fine is paid in full.

D. Revocation of a license as a result of disciplinary action by the board may prohibit the re-issuance of a license to such licensee for a period of up to one year from the date of revocation. No license may be granted, renewed or re-issued until any and all fines have been paid. The license of an applicant whose license has been revoked may be reissued by the board upon the successful completion by the applicant of the required examination and upon competent evidence of completion of 20 hours of continuing education as prescribed by the board. A licensee on probation may have his license reinstated upon certification by the board that the licensee is in compliance with the terms of his probation.

E. The board, as a probationary condition or as a condition of a revocation or suspension of a license, may require a licensee to pay all costs of the board proceedings, including but not limited to those expenses related to the services of investigators, stenographers and attorneys, and any court costs.

F. The board may suspend or revoke any certification or license, or censure, fine, or impose probationary or other restrictions on any education provider (whether pre-licensing education provider, continuing education provider or infield trainer) who submits fraudulent documentation to the board regarding the education earned by a licensee or applicant.

G. The board may suspend or revoke any certification or license, or censure, fine, or impose probationary or other restrictions on any education provider who violates any provisions of these rules or the Home Inspector Licensing law.

La. Admin. Code tit. 46, § XL-139

Promulgated by the Department of Economic Development, Board of Home Inspectors, LR 26:2744 (December 2000), amended by the Office of the Governor, Board of Home Inspectors, LR 30:1688 (August 2004), Amended by the Office of the Governor, Board of Home Inspectors, LR 41921 (5/1/2015), Amended by the Office of the Governor, Board of Home Inspectors, LR 43314 (2/1/2017), Amended by Office of the Governor, Board of Home Inspectors, LR 431912 (10/1/2017), Amended LR 482289 (9/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1475 and R.S. 37:1486-1487.