Could Louisiana’s practical nursing board raise licensing fees within an existing statutory range?

Plain-English summary

Louisiana's practical nursing board asked whether it needed another legislative vote to raise a fee within the range already authorized by statute. The AG said no additional vote was required on the stated facts. La. R.S. 37:977 had been enacted by a two-thirds legislative vote and allowed the board to set fees within its schedule by rule. The board still had to keep the increase inside that range and promulgate the rule under the Administrative Procedure Act.

The opinion did not supply a particular new fee or authorize the board to exceed the statutory range. Its answer addressed the interaction between the constitutional voting requirement for new fees and the board's existing authority.

Currency note

This opinion was issued in 2006. 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.

Common questions

Did every fee increase need a fresh two-thirds vote?

The AG said no for an increase within the range in La. R.S. 37:977, because the statute establishing that range itself had passed by a two-thirds vote.

Could the board choose an amount above the statute's range?

The opinion did not authorize that. Its conclusion was expressly limited to fees and costs within the statutory schedule.

Was board action alone enough to make the increase effective?

No. The AG said the change had to be made by a rule promulgated in accordance with the Administrative Procedure Act.

Background and statutory framework

Article VII, Section 2.1(A) required a two-thirds vote for a new state fee or civil fine. The AG read that provision together with La. R.S. 37:977, which had received such a vote and delegated fee setting within a prescribed range to the board. It invoked La. C.C. Article 9's direction to apply clear statutory text as written.

Citations

• Article VII, Section 2.1(A) (constitutional voting requirement).
• La. R.S. 37:977 (board fee range and rulemaking authority).
• La. C.C. Article 9 (plain-text interpretation).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0135

Original opinion text

August 28, 2006
OPINION NO. 06-0135
46-A FEES & COSTS

Louisiana Constitution of 1974, Article VII, § 2.1(A) Louisiana Civil Code Article 9
La. R.S. 37:977
Claire Doody Glaviano, RN, MN, APRN
Since La. R.S. 37:977which establishes the range of
Executive Director
fees, was enacted by a two-thirds vote of the
Louisiana State Board of Practical Nurse Examiners legislature, the LPN Board may raise fees or costs, if said increases are within the range prescribed by
3421 North Causeway Blvd., Suite 505
the schedule set forth in the statute and where the
Metairie, LA 70002-3715
rule to make the change is promulgated in accordance
with the Administrative Procedure Act.

Dear Ms. Glaviano:

You have requested an opinion of this office concerning the relationship between La. R.S. 37:977 and Article VII, Section 2.1(A) of the Constitution of Louisiana. More specifically you ask if Article VII, Section 2.1(A) prevents the Louisiana State Board of Practical Nurse Examiners (LPN Board) from raising fees without going back to the legislature for approval where the fees are within the range specified in La. R.S. 37:977.

Article VII, Section 2.1(A) states the following: “ Any new fee or civil fine imposed or assessed by the state or any board, department, or agency of the state shall require the enactment of a law by a two-thirds vote of the elected members of each house of the legislature.”

La. R.S. 37:977, which was passed by a two-thirds vote of the legislature, provides that “the LPN Board is authorized, by rule promulgated in accordance with the Administrative Procedure Act, to establish fees and costs which shall be within range prescribed by the following schedule:”

We could find no law, case or other impediment which would prevent the LPN Board from following the clear and unambiguous statement of La. R.S. 37:977. La. C.C. Article 9 states “when a law is clear and unambiguous and its application does not lead to absurd consequences, the law shall be applied as written and no further interpretation may be made in search of the intent of the legislature.

In summary, since La. R.S. 37:977, which establishes the range of fees, was enacted by a two-thirds vote of the legislature, the LPN Board may raise fees or

Page 2

OPINION NO. 06-0135
Claire Doody Glaviano, RN, MN, APRN
Page No. 2

costs, if said increases are within the range prescribed by the schedule set forth in the statute and where the rule to make the change is promulgated in accordance with the Administrative Procedure Act.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY:
CHARLES F. PERRY
Assistant Attorney General

CCF,Jr./CFP/tp

Page 3

OPINION NO. 06-0135
Claire Doody Glaviano, RN, MN, APRN
Page No. 2

OPINION NO. 06-0135

46-A FEES & COSTS

Louisiana Constitution of 1974, Article VII, § 2.1(A) Louisiana Civil Code Article 9 La. R.S. 37:977

Since La. R.S. 37:977, which establishes the range of fees, was enacted by a two-thirds vote of the legislature, the LPN Board may raise fees or costs, if said increases are within the range prescribed by the schedule set forth in the statute and where the rule to make the change is promulgated in accordance with the Administrative Procedure Act.

Date Requested: May 2, 2006

Date Released: August 28, 2006

Requested By: Claire Doody Glaviano, RN, MN, APRN
Executive Director
Louisiana State Board of Practical Nurse Examiners 3421 North Causeway Blvd., Suite 505
Metairie, LA 70002-3715

Author: CHARLES F. PERRY
Assistant Attorney General
Civil Division
Lands & Natural Resources Section