LEGISLATIVE GUIDE

We need legislators to know about the problems at the LSBPIE.  Coming soon, you will be able to click here and get a punch list as to what we need you to do!

WHY WAS THIS SITE MADE?

When Representative Mert Smiley first suggested in his legislative hearing last April that he might want to combine the services of the LSBPIE under another board as a cost savings measure, many of us opposed that concept.  We recognized that there were problems but incoming Chairman John Mowell promised change and an open forum like we had never seen before.  We fell for it hook, line and sinker and the changes that were promised actually created less open communication.

CHANGE MUST COME and upon reflection, it would appear that the LSBPIE believes that they can do whatever they want, whenever they want, regardless of the rules or the law. 

COMPLAINTS WERE FILED, but we believe that the best chance for change is with the legislative session and will propose two bills, one to change the make up of this board and the other to abolish it and place its duties under the scope and authority of another governmental entity. 

KNOWLEDGE IS THE KEY

  

Some would say that the Louisiana State Board of Private Investigator Examiners operates under the assumption that the law does not apply; that they are the final authority in all matters with regard to the private investigators.

But the reality of the situation is that the Statues defined the LAW and the Board is required to follow the law. 

Take these examples:

• The statue requires the money to be deposited in the general fund for the State of Louisiana.  The board operates it's own accounts.

• The statue states that if the applicant is a corporation, they shall be in good standing with the Secretary of State.  This requirement is loosely enforced.

PRIVATE INVESTIGATOR LAW

The statues were passed by the legislative branch and became law.

RULES AND REGULATIONS

The Rules and Regulations are made up by the State Board and then following a procedure, must be promulgated into a published rule according to the Administrative Rules.

R.S. 37:3524
The adoption of any rule or regulation, guideline, substantive procedure, or code of conduct by the board shall be subject to the provisions of the Administrative Procedure Act; however, such rules shall be subject to legislative oversight by the House and Senate Committees on Commerce.

§518. Continuing Education

   A.             Each licensed private investigator is required to complete a minimum of eight hours of approved investigative educational instruction within the one-year period immediately prior to renewal in order to qualify for a renewal license.

   B.             Each licensed private investigator is required to complete and return the LSBPIE continuing educational compliance form with the request for license renewal each year. The form shall be signed under penalty of perjury and shall include documentation of each hour of approved investigation educational instruction completed.

   C.             Any licensee who wishes to apply for an extension of time to complete educational instruction requirements must submit a letter of request setting forth reasons for the extension request to the Executive Director of the LSBPIE thirty days prior to license renewal. The training committee shall rule on each request. If an extension is granted, the investigator shall be granted 30 days to complete the required hours. Hours completed during a 30-day extension shall only apply to the previous year.

THERE IS NOTHING IN THE LAW OR THE RULES THAT WOULD ALLOW THE STATE BOARD THE RIGHT TO JUST CHANGE SOMETHING WITHOUT FOLLOWING THE PROCEDURE.  AND THAT IS WHY WE SAY THEY VIOLATED THE LAW!

 

JOURNEYMAN PROMULGATION PUBLISHED IN THE JOURNAL

January 2010

April 2010

First Amendment: An Overview
The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference. See U.S. Const. amend. I. Freedom of expression consists of the rights to freedom of speech, press, assembly and to petition the government for a redress of grievances, and the implied rights of association and belief. The Supreme Court interprets the extent of the protection afforded to these rights. The First Amendment has been interpreted by the Court as applying to the entire federal government even though it is only expressly applicable to Congress. Furthermore, the Court has interpreted, the due process clause of the Fourteenth Amendment as protecting the rights in the First Amendment from interference by state governments. See U.S. Const. amend. XIV.

Two clauses in the First Amendment guarantee freedom of religion. The establishment clause prohibits the government from passing legislation to establish an official religion or preferring one religion over another. It enforces the "separation of church and state." Some governmental activity related to religion has been declared constitutional by the Supreme Court. For example, providing bus transportation for parochial school students and the enforcement of "blue laws" is not prohibited. The free exercise clause prohibits the government, in most instances, from interfering with a person's practice of their religion.

The most basic component of freedom of expression is the right of freedom of speech. The right to freedom of speech allows individuals to express themselves without interference or constraint by the government. The Supreme Court requires the government to provide substantial justification for the interference with the right of free speech where it attempts to regulate the content of the speech. A less stringent test is applied for content-neutral legislation. The Supreme Court has also recognized that the government may prohibit some speech that may cause a breach of the peace or cause violence. For more on unprotected and less protected categories of speech see advocacy of illegal action, fighting words, commercial speech and obscenity. The right to free speech includes other mediums of expression that communicate a message. The level of protection speech receives also depends on the forum in which it takes place.

Despite popular misunderstanding the right to freedom of the press guaranteed by the first amendment is not very different from the right to freedom of speech. It allows an individual to express themselves through publication and dissemination. It is part of the constitutional protection of freedom of expression. It does not afford members of the media any special rights or privileges not afforded to citizens in general.

The right to assemble allows people to gather for peaceful and lawful purposes. Implicit within this right is the right to association and belief. The Supreme Court has expressly recognized that a right to freedom of association and belief is implicit in the First, Fifth, and Fourteenth Amendments. This implicit right is limited to the right to associate for First Amendment purposes. It does not include a right of social association. The government may prohibit people from knowingly associating in groups that engage and promote illegal activities. The right to associate also prohibits the government from requiring a group to register or disclose its members or from denying government benefits on the basis of an individual's current or past membership in a particular group. There are exceptions to this rule where the Court finds that governmental interests in disclosure/registration outweigh interference with first amendment rights. The government may also, generally, not compel individuals to express themselves, hold certain beliefs, or belong to particular associations or groups.

The right to petition the government for a redress of grievances guarantees people the right to ask the government to provide relief for a wrong through the courts (litigation) or other governmental action. It works with the right of assembly by allowing people to join together and seek change from the government.