Could Louisiana's private-investigator board require continuing education for license renewal?

Plain-English summary

The Louisiana State Board of Private Investigator Examiners asked whether it could require eight hours of approved investigative education for license renewal under its Rule 518. In Opinion 03-0089, the Attorney General said the rule was within the board's statutory powers. The board could regulate private-investigator practice and decide how credit for professional education would be given.

The AG also relied on statutory provisions concerning registration-card qualifications and training. His conclusion expressly rested on the board having followed the administrative rulemaking procedures he listed. The opinion addressed the 1996 rule and the 2003 statutes, not later licensing requirements.

Currency note

This opinion was issued in 2003. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

What the opinion meant at issuance

Private investigators

For the rule presented, the AG considered an eight-hour continuing-education requirement before annual renewal to be a permissible qualification imposed by the licensing board. The opinion did not separately decide the sufficiency of any individual course or applicant's training.

Licensing board

The AG read the board's rulemaking and professional-education powers together with the registration statutes. He approved Rule 518 based on those powers and the stated completion of administrative procedures.

Common questions

Q: Could the board require education before renewing a private-investigator license? A: Yes. The AG said Rule 518's eight-hour education requirement was within the board's delegated powers.

Q: What statutory powers supported the rule?
A: The opinion cited the board's power to regulate private-investigator practice and set standards for credit in professional education, along with registration and renewal provisions.

Q: Did the AG say the board could ignore rulemaking procedures? A: No. His conclusion relied on the board having followed the administrative procedures identified in the opinion.

Background and statutory framework

The opinion quoted LSA R.S. 37:3505 on board rules and professional-education credit, LSA R.S. 49:951(6) on the definition of a rule, and LSA R.S. 37:3514 on registration cards and renewal. It also mentioned minimum qualifications under LSA R.S. 37:3507 and procedural statutes governing adoption of Rule 518. The official letter is dated May 1, 2003.

Citations and references

Authorities in the opinion: LSA R.S. 37:3505; LSA R.S. 37:3514; LSA R.S. 49:951(6).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0089

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

DEPARTMENT OF JUSTICE
One American Place
301 Main Street, Suite 600
CIVIL DIVISION
P.O. Box 94005
BATON ROUGE
TEL.: (225) 342-7013
FAX: (225) 342-2090
RICHARD P. IEYOUB
70804-9005
ATTORNEY GENERAL

MAY 0 1 2003
OPINION NUMBER 03-0089
61 - LAWS - General
61-C - LAWS - Special Legislation
Joseph A. Oster
63-B - LICENSING - For professions or
Board Member - Fifth (5th) Public Service District of Louisiana occupations 64-2 - LOUISIANA ADMINISTRATIVE
Louisiana State Board of Private Investigator Examiners PROCEDURE ACT 2051 Silverside Drive, Suite 190
Board rule requiring continuing education
Baton Rouge, LA 70808
is within the powers designated by
statute to the Louisiana State Board of
Private Examiners.
Dear Mr. Oster:

You have requested an opinion from our office on whether the Louisiana State Board of Private Investigator Examiners ("Board") can adopt a rule requiring each private investigator complete at least eight (8) hours of approved investigative education in order to qualify to renew their license. You refer specifically to Rule 518 passed by resolution on May 20, 1996.

Title 37, Chapter 56 of the Louisiana Revised Statutes covers the purpose and duties of the Board. Two statutes, LSA R.S. 37:3505A(3) and B(2), are of direct interest here.
Both statutes define the power, duties and responsibilities of the Board. These statutes should be read with the definition of "Rules" as stated in LSA R.S. 49:951(6) in mind. It states in relevant part, "’Rule’ includes, but is not limited to, any provision for fees, fines, prices or penalties, the attainment or loss of preferential status, and the criteria or qualifications for licensure or certification by an agency." Under the provision of LSA R.S. 37:3505, the Board may:

A(3) Adopt rules and regulations to govern the practice of a private investigator in the state of Louisiana...

B(2) Prescribe and adopt regulations, standards, procedures, and policies governing the manner and conditions under which credit shall be given by the board for participation in professional education such as the board may consider necessary and appropriate to maintain ’the highest standards of the private investigator industry in the state of Louisiana

To further support this position granting the Board discretion in creating rules, it will be helpful to refer to LSA R.S. 37:3514. This article defines the aspects of a registration card required of all private investigators performing functions and duties in the State of Louisiana. The article states, in pertinent part:

A(4)(b)To be eligible to apply for a registration card, an individual shall have the same qualifications required of an applicant listed under R.S. 37:3507...

F(1) Registration cards issued by the board shall be valid for one year...The renewal application shall include a statement by the registrant that he

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Joseph A. Oster
Opinion Number 03-0089
Page - 2 -
continues to meet the qualifications for a private investigator as set forth by the board. The renewal application shall be accompanied by a statement from a licensee that the registrant has satisfactorily completed the required training as prescribed by the board.

These articles should be read to allow the Board the ability to impose additional qualifications upon applicants. These articles would not allow the Board to renew registration cards for applicants that do not meet the minimum qualifications for obtaining a license required by legislation under LSA R.S. 37:3507, as required in LSA R.S. 37:3514A(4)(b) above.

Based on the statutes referenced above and the fact that the Board followed the administrative procedures required under LSA R.S. 37:3524, LSA R.S. 49:953, LSA R.S. 49:954, and LSA R.S. 49:954.1, it is the opinion of this office that Rule 518 requiring continuing education within a one-year period prior to license renewal is within the powers designated to the Board. I believe the above should sufficiently answer your request. Should you need additional information please do not hesitate to contact this office.

Yours very truly,

RICHARD P. IEYOUB
EY GENERAL

H. BRAUD, JR.
Assistant Attorney General

RPI/CHB;jnp
cc: Mr. Camille F. Gravel, General Counsel, LSBPIE