Posted on
October 31, 2022
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Louisiana’s New Occupational Licensing Laws: Brief Primer
In Louisiana’s 2022 Louisiana legislative session, lawmakers passed and the governor signed into law three bills that remove barriers for people seeking occupational licenses. The new laws strengthen the ability of individuals to successfully challenge burdensome licensing regulations that hinder their ability to earn a living; help ex-offenders get licensed, back to work, and back on their feet; and increase overall transparency to the public about the occupational licensing process.
Act 583: Challenging Burdensome Occupational Licensing Regulations
- WHAT IT DOES: This law restricts government licensing regulations to those that address legitimate health, safety, welfare, or fiduciary concerns or objectives. It allows individuals to challenge any regulation that they don’t believe meets that standard. Individuals can challenge licensing regulations in court, where the government must prove why the regulation meets the standard and should remain in place. If the government can’t effectively make that argument, the court will order that the regulation cannot be enforced.
- ACT NOW: If you believe an occupational licensing regulation doesn’t meet the above standard, speak with an attorney about challenging it in court or contact one of Pelican’s Center for Justice attorneys at info@pelicaninstitute.org or (504) 500-0506.
Act 486: Helping Individuals with a Criminal History Get Back to Work
- WHAT IT DOES: This law helps individuals who were previously convicted of a crime to work in occupations where a government license is required. It also requires licensing boards to disclose early on whether specific criminal convictions disqualify a person from being eligible for a license, long before they spend time and money training and going through the licensing application process. Licensing boards are now required to post this information on their website, allow denied applications to be appealed, and limit disqualifying criminal convictions to those that directly relate to the nature of work being performed.
- ACT NOW: If you are seeking an occupational license and have a criminal conviction, check the licensing board’s website for information about the application process and any disqualifying convictions. Call their office and ask to speak with someone about your individual circumstance. If you are not able to receive the assistance you need, consider calling your elected state representative or senator to request assistance. You can also contact one of Pelican’s Center for Justice attorneys at info@pelicaninstitute.org or (504) 500-0506.
Act 483: Making Occupational Licensing Transparent and Accountable
- WHAT IT DOES: This law requires state licensing boards to annually provide information about licenses issued, renewed, and denied, to the Louisiana Legislature and the public. This reporting will allow lawmakers and citizens track the volume of licensing applications that are received as well as their outcome, enabling any needed improvements to the process so that Louisiana’s people can work, earn a living, and contribute to Louisiana’s economy.
- ACT NOW: Look for this report on all licensing board websites beginning February 15, 2023. Contact your elected state representative or senator with any concerns about the occupational licensing process and help them understand how burdensome licensing requirements are impacting your ability to work and earn a living.
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