Terms Used In Louisiana Revised Statutes 49:999.21

  • Issuing agency: means a state agency, board, commission, department, or other entity of the state which issues a license or permit. See Louisiana Revised Statutes 49:999.21
  • License or permit: means any license or permit issued to any person or other entity by a state agency, except for any license or permit issued pursuant to any provisions of the law in Title 37 or Title 3 of the Louisiana Revised Statutes of 1950. See Louisiana Revised Statutes 49:999.21
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.

A.  As used in this Part, the following terms shall have the following definitions:

(1)  “Enforcing authority” means any of the following who have authority to enforce the provisions of this Part:

(a)  The issuing agency which issued the license or permit.

(b)  The attorney general.

(2)  “Holder of a license or permit” means the natural person or other entity in whose name a license or permit is issued and who holds such license or permit.

(3)  “Issuing agency” means a state agency, board, commission, department, or other entity of the state which issues a license or permit.

(4)  “License or permit” means any license or permit issued to any person or other entity by a state agency, except for any license or permit issued pursuant to any provisions of the law in Title 37 or Title 3 of the Louisiana Revised Statutes of 1950.

B.  Notwithstanding any other provision of law to the contrary, and in addition to any other sanction or penalty which may be imposed, any license or permit issued by any issuing agency may be suspended and ultimately revoked in accordance with the procedures provided for in this Part if the natural person who is the holder of such permit or license, the natural person who owns in excess of fifty percent of an entity which holds the license or permit, or the natural person who is the chief executive officer of an entity which holds the license or permit has been convicted of, or has entered a plea of guilty or nolo contendere to, any crime which is a felony under state or federal law related to obtaining or keeping the license or permit.

C.  The license or permit may be suspended and its revocation shall be recommended to the courts by the issuing agency which has issued the license or permit upon its determination in the manner provided for in this Part that a person provided for in this Section has been convicted of, or has entered a plea of guilty or nolo contendere to, a felony under state or federal law related to obtaining or keeping the license or permit.

D.  Such license or permit shall be revoked upon a final judgment by a court that the action of the issuing agency in suspending the license was in accord with the facts and law.

Acts 1997, No. 1162, §1, eff. July 1, 1998; Acts 2003, No. 956, §1, eff. July 1, 2003.

  Previous section
Next section  
 Part B Contents