§1435.1. Authority to obtain criminal history record information
A. As used in this Section, the following terms have the following meanings:
(1) "Applicant" means an individual who applies to the commission to request the
initial issuance or reinstatement of any form of licensure the commission is authorized to
issue according to this Chapter.
(2) "Bureau" means the Louisiana Bureau of Criminal Identification and Information
of the office of state police within the Department of Public Safety and Corrections.
(3) "Commission" means the Louisiana Real Estate Commission.
(4) "Criminal history record information" means all state records of arrest,
prosecution, conviction, including those which have been expunged or dismissed pursuant
to Code of Criminal Procedure Article 893, and national records which shall include
fingerprints of the applicant, biometrics, and other identifying information, if so requested
by the department.
(5) "FBI" means the Federal Bureau of Investigation of the United States Department
of Justice.
(6) "Licensure" means any form of licensure the commission is authorized to issue
in accordance with this Chapter.
B.(1) The legislature hereby finds and declares it is vitally important to the public
health, interest, and welfare to protect Louisiana citizens, their residences, and other property
by reasonably regulating the licensure of persons performing real estate activity in the state.
(2)(a) Accordingly, pursuant to this Section, the commission is hereby authorized
to request and obtain state and national criminal history record information from the bureau
and the FBI regarding each applicant.
(b) Notwithstanding Subparagraph (a) of this Paragraph, the commission's use of
fingerprints shall be for the limited purposes of determining the initial licensure or
reinstatement eligibility of each applicant and conducting directly related matters in
accordance with the Administrative Procedure Act, R.S. 49:950 et seq, or other applicable
law.
(3) The commission shall be entitled to the criminal history record and identification
files of the Louisiana Bureau of Criminal Identification and Information, located within the
Department of Public Safety and Corrections, of any person who is licensed or is applying
to be licensed as a real estate salesperson or broker. Fingerprints, biometrics, and other
identifying information of the applicant shall be submitted to the Louisiana Bureau of
Criminal Identification and Information for qualification and registry, and the Louisiana
Bureau of Criminal Identification and Information shall, upon request of the bureau and after
receipt of such fingerprint card and other identifying information from the applicant, make
available to the bureau all arrest and conviction information contained in the Louisiana
Bureau of Criminal Identification and Information's criminal history record and identification
files which pertain to the applicant for licensure. In addition, the fingerprints shall be
forwarded by the Louisiana Bureau of Criminal Identification and Information to the Federal
Bureau of Investigation for a national criminal history record check.
(4) In accordance with the authority provided for in this Chapter, the costs of
providing the information required in accordance with this Section shall be charged by the
Louisiana Bureau of Criminal Identification and Information, as specified in R.S. 15:587(B),
to the bureau for furnishing information contained in the Louisiana Bureau of Criminal
Identification and Information's criminal history records and identification files, including
any additional cost of providing the national criminal history records check, which pertains
to the applicant. The bureau may impose any or all such fees or costs on the applicant.
C. Notwithstanding any other provision of this Chapter, the commission may require
an applicant to do any of the following to determine the initial licensure or reinstatement
eligibility of an applicant:
(1) Submit a complete set of fingerprints in the form and manner required by the
bureau.
(2) Authorize the commission to request and obtain state and national criminal
history record information relating to the applicant.
(3) Pay to the bureau an amount equal to the administrative costs imposed by or on
behalf of the bureau, relating to submission and processing of applicant fingerprints for
review of criminal history record information.
D. The commission is required to do all of the following relative to its access, use,
and maintenance of criminal history record information:
(1) Prescribe a form to be completed by each applicant prior to any fingerprint
submission, which shall include all of the following at a minimum:
(a) An acknowledgment that fingerprints submitted to the bureau or commission
shall be used to check the national criminal history records maintained by the FBI.
(b) An inquiry requiring the applicant to specifically identify or state the specific
reason he has submitted fingerprints to the bureau or commission.
(c) A statement providing the procedure and contact information necessary to
challenge the accuracy of information contained in the FBI identification record of the
applicant.
(d) Any other notice or information required by the bureau to be disclosed to an
applicant prior to the submission of fingerprints.
E.(1) Notwithstanding any other provision of this Section, this Section shall not
apply to any licensee, who is licensed and in good standing with the commission, on or
before December 31, 2022.
(2) Notwithstanding Paragraph (1) of this Subsection, any real estate salesperson
licensed on or before December 31, 2022, who subsequently applies on or after January 1,
2023, either for initial licensure as a real estate broker or for the reinstatement of any
suspended or revoked license issued by the commission shall be subject to this Section.
(3) Every real estate salesperson or broker who seeks licensure with the commission
shall consent to and pay the costs of a background check pursuant to R.S. 15:587.
Acts 2022, No. 553, §1, eff. Jan. 1, 2023.