6.2 Occupational Licenses
6.2 Occupational Licenses aetrahan Mon, 11/21/2022 - 09:47The number of regulated professions is unusually high in Louisiana. Many low-income workers rely on occupational licenses or certifications for their preferred employment. They face denial, suspension, termination, or non-renewal for a variety of reasons. They may present initially on a completely different issue and may be unaware that loss of a license could be imminent or that a lawyer may be able to help them to retain it.
This is an area in which you can often offer concrete help. Licensees generally have established appeal, hearing, and judicial review rights under the relevant occupation’s statutory and regulatory provisions. Laws governing most licensing bodies are in Title 37 of the Louisiana Revised Statutes. In addition, the Louisiana Administrative Procedures Act applies to certain actions taken by certain administrative agencies.1
Look for procedural errors in addition to substantive ones; licensing bodies often commit procedural mistakes that may be lead to relief for your client.2 La. R.S. 37:21 provides general time limits on initiating disciplinary and concluding proceedings; special laws may also apply. The standard of judicial review after administrative proceedings are final may be narrower than in civil appeals, but adverse agency actions may still be set aside under La. R.S. 49:964(G). Clients may also be entitled to constitutional protections. Someone who already has a license—a vested property interest—cannot be deprived of it without due process.3 However, even a job applicant may have a claim based on equal protection or some other constitutional grounds.