2.2 Licensure

2.2 Licensure aetrahan Mon, 02/06/2023 - 14:06

According to the Institute for Justice, Louisiana is the sixth “most broadly and onerously licensed state,” with 77 of 102 lower-income occupations studied requiring licensure.1  Many licensing boards and organizations have some form of administrative rules or regulations that limit licensing based on criminal records.

In 2022, Louisiana amended La. R.S. 37:33–36 to allow individuals with criminal records to request a “pre-application eligibility determination” at any time prior to applying for a license. This should let individuals know whether a criminal record may eventually disqualify them from licensure before they spend significant time and money on schooling or other training.

At the same time, the legislature also amended La. R.S. 37:2950 to require that a denial of licensure or occupation on the grounds of a criminal conviction be directly related to the employment, occupation, trade, or profession for which the license is sought and that the agency or board consider the following criteria:

  • The nature and seriousness of the offense
  • The nature of the specific duties and responsibilities for which the license, permit, or certificate is required
  • The amount of time that has passed since the conviction
  • Facts relevant to the circumstances of the offense, including any aggravating or mitigating circumstances or social conditions surrounding the commission of the offense
  • Evidence of rehabilitation or treatment undertaken by the person since the conviction

While specific licensing agencies may still refuse a license based on a criminal conviction, many agencies, due to their administrative rules or policies, also rely on a generic and “moral turpitude” standard in their written decisions. Attorneys should evaluate any licensure denials on a case-by-case basis to ensure board or agency compliance and consider requesting rehearing before the board or a judicial appeal of board decisions if evidence would support granting a license to an eligible individual.