§3804.  Regulation of professions and occupations

A.  The commission shall regulate the following professions:

(1)  Arborist.

(2)  Retail florist.

(3)  Wholesale florist.

(4)  Landscape horticulturist.

(5)  Landscape architect.

(6)  Utility arborist.

(7)  Landscape irrigation contractors.

B.  The commission shall regulate the following occupations:

(1)  Nursery stock dealer.

(2)  Cut flower dealer.

C.  No person shall receive fees, whether directly or indirectly, for engaging in a regulated profession, or advertise as engaged in a regulated profession, or solicit business in a regulated profession, unless the person holds a valid appropriate license issued by the commissioner, or has a regular employee who holds a valid appropriate license issued by the commissioner, or is employed by or is working under the direct supervision of a person who holds a valid appropriate license issued by the commissioner.

D.  No person shall receive income, whether directly or indirectly, for engaging in a regulated occupation, or advertise as engaging in a regulated occupation, or solicit business in a regulated occupation, unless the person holds a valid appropriate permit issued by the commissioner, or has a regular employee who holds a valid appropriate permit issued by the commissioner, or is employed by or supervised by a person who holds a valid appropriate permit issued by the commissioner and who accepts responsibility for insuring that the employee complies with the requirements of this Chapter.

E.  The regulation of arborists is preempted by this Chapter.  The governing authority of a political subdivision shall not adopt any ordinance in any way affecting the licensure or regulation of arborists, except as follows:

(1)  The governing authorities of parishes and municipalities may request that the rules applicable to arborists be amended to provide for specific problems encountered by the parish or municipality.

(2)  The following provisions shall govern requests by parish or municipal governing authorities:

(a)  The request shall be addressed to the commissioner.

(b)  The commission shall hear the request.

(c)  The commission shall make a preliminary determination as to the advisability of amending the rules and shall transmit its determination to the commissioner.

(d)  The commissioner shall make the final determination as to the desirability of amending the rules.

(e)  If the commissioner determines that the rules should be amended, the rule shall be adopted in accordance with the Administrative Procedure Act.

(3)  Any governing authority of a political subdivision may petition the commissioner for approval of an ordinance applicable to the licensure or regulation of arborists as follows:

(a)  The governing authority shall transmit the proposed ordinance to the commissioner who shall refer the ordinance for hearing in accordance with R.S. 3:3804(E)(2).

(b)  Upon receipt of the recommendation of the commission, the commissioner shall approve or disapprove the proposed ordinance.

(c)  Any governing authority aggrieved by a final decision of the commissioner, shall have a right of judicial review of the administrative process in accordance with the Administrative Procedure Act.

Acts 1950, No. 224, §4.  Amended by Acts 1965, No. 127, §1; Acts 1972, No. 320, §1; Acts 1974, No. 574, §3; Acts 1979, No. 500, §1; Acts 1981, No. 621, §1, eff. Jan. 1, 1982; Acts 1985, No. 120, §1; Acts 1992, No. 60, §1; Acts 2004, No. 810, §1, eff. July 12, 2004; Acts 2008, No. 63, §1, eff. June 5, 2008.