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La. Rev. Stat. § 42:1130.2 Definitions
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§1130.2. Definitions For purposes of this Part, the following terms shall have the following meanings, unless the context clearly indicates otherwise: (1) "Candidate" means a person who seeks nomination or election to public office. An individual shall be deemed to seek nominatio…
La. Rev. Stat. § 42:1130.3 Enforcement; penalties
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§1130.3. Enforcement; penalties The provisions of this Part shall be enforced as provided in Part III of this Chapter. Violations of this Part shall be subject to applicable penalties as provided in Part III of this Chapter; however, no fine shall be imposed for any violation occ…
La. Rev. Stat. § 42:1130.4 False statements by candidate or political committee
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§1130.4. False statements by candidate or political committee No candidate in an election or any political committee shall, with the intent to mislead the voters, distribute or cause to be distributed any oral, visual, digital, or written material containing any statement which h…
La. Rev. Stat. § 42:1130.5 Push polling; false statement, question, or information
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§1130.5. Push polling; false statement, question, or information A. For purposes of this Section, "push poll" means any paid telephone survey or series of telephone surveys that are similar in nature, that do not use an established method of scientific survey research, that refer…
La. Rev. Stat. § 42:1130.6 Deceptive caller identification information; prohibition
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§1130.6. Deceptive caller identification information; prohibition A. No person, for the purpose of supporting, opposing, or otherwise influencing the nomination or election of a person to public office, shall authorize or approve any call, or cause any call to be made, which the …
La. Rev. Stat. § 42:1132 Board of Ethics
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§1132. Board of Ethics A. Board of Ethics established. There is hereby established in the Department of State Civil Service the Board of Ethics to be domiciled in the city of Baton Rouge. B. Membership; terms; vacancies; qualifications. (1) The Board of Ethics shall consist of fi…
La. Rev. Stat. § 42:1133 Board of Ethics; quorum, recusal, compensation, and officers
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§1133. Board of Ethics; quorum, recusal, compensation, and officers A. Quorum. A majority of the total membership of the board shall constitute a quorum for transacting the business of the board. B. Recusal. Any member of the board who has a personal interest in or who becomes th…
La. Rev. Stat. § 42:1134 Powers, duties, and responsibilities of the board
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§1134. Powers, duties, and responsibilities of the board A.(1) The Board of Ethics may adopt, amend, repeal, and enforce rules and regulations in the manner provided by the Administrative Procedure Act to carry out the provisions and purposes of this Chapter and any other law wit…
La. Rev. Stat. § 42:1135 Enforcement of regulation, decision, or order of the Board of Ethics
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§1135. Enforcement of regulation, decision, or order of the Board of Ethics The Board of Ethics shall have the right to enforce any valid regulation, final decision, or final order of the Board of Ethics or the Ethics Adjudicatory Board in any court of competent jurisdiction in t…
La. Rev. Stat. § 42:1136 Broadcast and recordation of meetings
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§1136. Broadcast and recordation of meetings A. The Board of Ethics shall broadcast live all of its proceedings in public meetings, including meetings held when functioning as the Supervisory Committee on Campaign Finance Disclosure. Each meeting shall be recorded and made availa…
La. Rev. Stat. § 42:1141 Complaints and investigations
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§1141. Complaints and investigations A.(1) The Board of Ethics members may sit en banc or in panels in such order and at such times as the board directs. (2) The Board of Ethics may authorize the hearing and determination of matters by separate panels, each consisting of not less…
La. Rev. Stat. § 42:1141.2 Ethics Adjudicatory Board
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§1141.2. Ethics Adjudicatory Board A. The director of the division of administrative law shall, at a public meeting of the Board of Ethics in December of the year preceding the year in which the terms are to begin, randomly select seven administrative law judges from among those …
La. Rev. Stat. § 42:1141.3 Location of hearings
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§1141.3. Location of hearings The Board of Ethics, a panel thereof, or the Ethics Adjudicatory Board may conduct any hearing provided in this Chapter in the parish wherein the public servant or person alleged to have violated any provision of law within the jurisdiction of the Bo…
La. Rev. Stat. § 42:1141.4 Notice and procedure
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§1141.4. Notice and procedure A.(1) Any public servant or other person who is to be the subject of a public or private hearing and the complainant shall be given written notification of the pending charges and of the time and place such hearing is to be held. Such notification sh…
La. Rev. Stat. § 42:1141.5 Adjudicatory hearings
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§1141.5. Adjudicatory hearings A. The Ethics Adjudicatory Board shall sit in rotating panels composed of three administrative law judges randomly selected from among the members of the Ethics Adjudicatory Board. The panel shall select the administrative law judge who will preside…
La. Rev. Stat. § 42:1141.6 Declaratory opinions
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§1141.6. Declaratory opinions A. Upon application of a public servant, other person, or agency, the Board of Ethics may declare rights, status, and other legal relations established by the provisions of this Chapter or by any other law within its jurisdiction or under opinions is…
La. Rev. Stat. § 42:1141.7 Motions and exceptions
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§1141.7. Motions and exceptions A. Motions and exceptions may be made before, during, or after a public hearing. B. Any motion or exception made before or after the public hearing shall be filed with the appropriate panel of the Ethics Adjudicatory Board. Any contradictory motion…
La. Rev. Stat. § 42:1141.8 Summary judgment
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§1141.8. Summary judgment A. A motion for summary judgment may be filed by the Board of Ethics or the respondent without leave of the Ethics Adjudicatory Board and without an agreement by any other party to the use of summary judgment procedure, at any time before, during, or aft…
La. Rev. Stat. § 42:1142 Appeals
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§1142. Appeals A.(1) Whenever action is taken against any public servant or person by order of the Board of Ethics, or panel thereof, or by a final decision of the Ethics Adjudicatory Board, or by an agency head by order of the Board of Ethics, or panel thereof, or by a final dec…
La. Rev. Stat. § 42:1143 Procedure and rules of evidence
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§1143. Procedure and rules of evidence Except as otherwise provided in this Chapter, all proceedings conducted by the board or panel shall be subject to and in accordance with the Administrative Procedure Act. Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1996, 1st Ex. Sess., …
La. Rev. Stat. § 42:1151 Administrative enforcement
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§1151. Administrative enforcement A. Enforcement as to current public employees. An agency head and any other public servant having the authority to appoint a person to a position of public service, regardless of whether or not such appointment requires the approval of the Senate…
La. Rev. Stat. § 42:1152 Rescission of action of a governmental entity
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§1152. Rescission of action of a governmental entity A. Subject to the limitations set forth in this Section, the Ethics Adjudicatory Board may cancel or rescind any contract of or permit or license issued by a governmental entity without liability to the governmental entity when…
La. Rev. Stat. § 42:1153 Penalties
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§1153. Penalties A. Upon a determination that any elected official or other person has violated any provision of any law within the jurisdiction of the Board of Ethics except violations of the Campaign Finance Disclosure Act which shall be governed by Chapter 11 of Title 18 of th…
La. Rev. Stat. § 42:1154 Civil penalties for illegal payments
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§1154. Civil penalties for illegal payments When the results of an investigation conducted pursuant to this Part indicates that a violation of R.S. 42:1117 has occurred, and after an adjudicatory hearing on the matter, the Ethics Adjudicatory Board may order the payment of a pena…
La. Rev. Stat. § 42:1155 Penalties for illegal gain; forfeiture of gifts, payments
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§1155. Penalties for illegal gain; forfeiture of gifts, payments A. If an investigation conducted pursuant to this Part reveals that any public servant or other person has violated any law within the jurisdiction of the Board of Ethics to his economic advantage, and after an adju…
La. Rev. Stat. § 42:1156 Finding of possible criminal violation
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§1156. Finding of possible criminal violation Upon finding at a public hearing that there is probable cause to believe that any public servant or other person has violated any criminal law of this state, the Board of Ethics or the Ethics Adjudicatory Board shall forward a copy of…
La. Rev. Stat. § 42:1157 Late filing fees
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§1157. Late filing fees A.(1)(a) The staff of the Board of Ethics may assess and issue a final order for the payment of late filing fees, in accordance with rules adopted by the Board of Ethics, for any failure to timely file any report or statement due under any law under its ju…
La. Rev. Stat. § 42:1157.1 Timely filing of reports and statements due; presumption
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§1157.1. Timely filing of reports and statements due; presumption A. The filing of reports and statements shall be deemed timely in the following cases: (1) The papers are hand-delivered, mailed, or deposited for delivery with a commercial delivery service, on or before the due d…
La. Rev. Stat. § 42:1157.3 Outside counsel; contingency fee; enforcement and collection authority
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§1157.3. Outside counsel; contingency fee; enforcement and collection authority The board may contract with outside counsel on a contingency fee basis to enforce judgments that may arise under this Part. Any such firm or attorney shall be selected pursuant to a request for propos…
La. Rev. Stat. § 42:1158 Board of Ethics Computerized Data Management System; purpose; goals
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§1158. Board of Ethics Computerized Data Management System; purpose; goals A.(1) To enhance the board's ability to govern and enforce the Code of Governmental Ethics and to provide efficient and economical dissemination of information, the board shall establish the Board of Ethic…
La. Rev. Stat. § 42:1159 Access; Internet; restrictions
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§1159. Access; Internet; restrictions A. To enhance the public's ability to gather information easily regarding the conduct of elected officials, public employees, and other persons regulated by the board, the board shall maintain a website which allows the public to quickly and …
La. Rev. Stat. § 42:1160 Electronic response required
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§1160. Electronic response required The board shall send a communication electronically in a timely manner to a filing party who files a report through the Computerized Data Management System in the manner provided by this Subpart. This communication shall not take the place of a…
La. Rev. Stat. § 42:1161 Preventive measures by agency heads
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§1161. Preventive measures by agency heads A. Filing of reports. Every agency head shall file confidential reports with the board or panel on any matters that come to his attention which he believes may constitute a violation of this Chapter which is within the board or panel's j…
La. Rev. Stat. § 42:1162 Copy of ethics code to be furnished by the secretary of state
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§1162. Copy of ethics code to be furnished by the secretary of state Whenever the secretary of state shall issue a commission to a public servant, he shall include therewith a copy of this Chapter in pamphlet or other form convenient to the secretary, and the public servant shall…
La. Rev. Stat. § 42:1163 Prescription
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§1163. Prescription No action to enforce any provision of this Chapter shall be commenced after the expiration of two years following the discovery of the occurrence of the alleged violation, or four years after the occurrence of the alleged violation, whichever period is shorter…
La. Rev. Stat. § 42:1164 Criminal laws not affected
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§1164. Criminal laws not affected Nothing in this Chapter is intended to nor is to be construed as repealing, amending, or modifying in any way any provision of any criminal law of this state. Acts 1979, No. 443, §1, eff. April 1, 1980.
La. Rev. Stat. § 42:1165 Authority of school boards to administer tenure laws not affected
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§1165. Authority of school boards to administer tenure laws not affected A. Nothing in this Chapter is intended nor shall it be construed to have the effect of repealing, amending, or modifying in any way any state tenure statutes pertaining to the rights of probationary or perma…
La. Rev. Stat. § 42:1166 Violation of code by tenured public employee of a state public higher education institution
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§1166. Violation of code by tenured public employee of a state public higher education institution Any final determination that a tenured public employee of a public higher education institution in this state has violated any provision of law within the jurisdiction of the board,…
La. Rev. Stat. § 42:1167 Judges
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§1167. Judges All judges, as defined by the Code of Judicial Conduct, shall be governed exclusively by the provisions of the Code of Judicial Conduct, which shall be administered by the Judiciary Commission provided for in Article V, Section 25 of the Constitution of Louisiana. A…
La. Rev. Stat. § 42:1168 Perjury; malfeasance in office
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§1168. Perjury; malfeasance in office A. Perjury. Any person who intentionally and knowingly either files a false sworn complaint with the board or who gives false sworn testimony before the board or panel shall, upon conviction by a court of competent jurisdiction, be guilty of …
La. Rev. Stat. § 42:1169 Freedom from reprisal for disclosure of improper acts
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§1169. Freedom from reprisal for disclosure of improper acts A. Any public employee who reports to a person or entity of competent authority or jurisdiction information which he reasonably believes indicates a violation of any law or of any order, rule, or regulation issued in ac…
La. Rev. Stat. § 42:1170 Ethics education; mandatory requirements; ethics designee
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§1170. Ethics education; mandatory requirements; ethics designee A.(1) Commencing with terms of office beginning January 1, 2008, and thereafter, each statewide elected official, legislator, and public service commissioner shall receive a minimum of one hour of education and trai…
La. Rev. Stat. § 42:1191 Eligibility; applicability
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§1191. Eligibility; applicability A. A person may request expungement of ethics enforcement records relative to a complaint filed with the Board of Ethics in which it is alleged that the person violated one or more provisions of this Chapter if each of the following requirements …
La. Rev. Stat. § 42:1192 Procedure
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§1192. Procedure A.(1) A person who seeks expungement pursuant to this Part shall file a written request for expungement with the ethics administrator. The person shall set forth in the request facts that demonstrate that the requirements listed in R.S. 42:1191 are satisfied. (2)…
La. Rev. Stat. § 42:1193 Effect of expungement
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§1193. Effect of expungement A. The Board of Ethics and the Ethics Adjudicatory Board shall remove from public access all ethics enforcement records that are ordered to be expunged. The records shall not be destroyed. B. An expunged ethics enforcement record shall be privileged, …
La. Rev. Stat. § 42:1194 Confidentiality
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§1194. Confidentiality All records and deliberations concerning a request for expungement shall be confidential and shall not be made available to any person or other entity, except that any such record shall be available to each member of the Board of Ethics and its staff. Acts …
La. Rev. Stat. § 42:12 Public policy for open meetings; liberal construction
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§12. Public policy for open meetings; liberal construction A. It is essential to the maintenance of a democratic society that public business be performed in an open and public manner and that the citizens be advised of and aware of the performance of public officials and the del…
La. Rev. Stat. § 42:1261 In-service training and educational programs; conducted for state agencies; eligible
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§1261. In-service training and educational programs; conducted for state agencies; eligible employees; fees; contracts and agreements A.(1) The Department of State Civil Service shall institute, develop, conduct, maintain, and otherwise provide for continuing programs of in-servi…
La. Rev. Stat. § 42:1263 Employee training program
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§1263. Employee training program A. Pursuant to Article X, Section 10(A) of the Constitution of Louisiana, the State Civil Service Commission shall require the Department of State Civil Service to institute an employee training program in accordance with the provisions of this Ch…
La. Rev. Stat. § 42:1264 Review of needs and requirements
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§1264. Review of needs and requirements The Department of State Civil Service shall conduct, at least every four years, a complete review of the needs and requirements for in-service training and education and shall adjust the training programs provided by this Chapter to meet th…
