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Louisiana Gov & Administrative Law Questions & Answers
1 Answer | Asked in Criminal Law, Gov & Administrative Law and Civil Rights for Louisiana on
Q: What is disposition of "Pass without date" on a 1969 charge in LA and then accused hears nothing more about charge?

I am trying to apply for TSA PreCheck but they need more info about an open charge. In 1969 during a student protest in Baton Rouge, LA, I was arrested and charged, along with 10+ other students with a criminal charge. We were defended by the ACLU, I believe. However, after receiving the records... View More

James L. Arrasmith
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answered on Nov 18, 2023

In Louisiana, the notation "Pass without date" in a court case typically indicates that the case was postponed indefinitely. This can happen for various reasons, such as a lack of evidence, a decision not to prosecute, or other administrative reasons. However, without a specific dismissal... View More

1 Answer | Asked in Gov & Administrative Law for Louisiana on
Q: We have a mobile home in my moms park. It has been abandoned for 4/5 years. We have no idea how to get in touch with any

How do we take possession or move home if we don’t know where owners are or if they still own it

James L. Arrasmith
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answered on Nov 9, 2023

To address the issue of an abandoned mobile home on your mother's property, it is necessary to follow the legal procedures set forth by the state of Louisiana.

First, you should attempt to locate the owner using any available contact information, and if that fails, you may need to...
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2 Answers | Asked in Consumer Law, Constitutional Law and Gov & Administrative Law for Louisiana on
Q: I was told that when getting a Louisiana driver's license issued or renewed, the applicant is recorded. What LAW.

Are there privacy statements that the applicant signs away?

James L. Arrasmith
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answered on Nov 5, 2023

When you apply for or renew a driver’s license in Louisiana, the process does include measures that are part of the state’s efforts to comply with federal and state laws. You should be aware that Louisiana law may require the capture of a photograph, signature, and possibly fingerprints for... View More

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2 Answers | Asked in Consumer Law, Constitutional Law and Gov & Administrative Law for Louisiana on
Q: I was told that when getting a Louisiana driver's license issued or renewed, the applicant is recorded. What LAW.

Are there privacy statements that the applicant signs away?

T. Augustus Claus
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answered on Oct 18, 2023

When obtaining or renewing a Louisiana driver's license, there may be certain privacy policies and agreements that applicants are required to acknowledge and sign. The specific laws and regulations governing this process can be found in the Louisiana Administrative Code, Title 55, which... View More

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1 Answer | Asked in Gov & Administrative Law for Louisiana on
Q: Should I sign a nursing reprimand if the administrative code is outdated and does not match the current 2023 update?

I had an arrest expunged, 2020 and graduated from lpn program in 2023, the arrest was not disclosed on the lpn application but was disclosed on the RN application that I was attending prior too. The board is now accusing me of fraud. I recieved an administrative code from 2020 stating I have... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 11, 2023

While seeking information and guidance from this Board is good, yoou really should seek and consult with an attorney who handles Board work for the practitioner, and especially one who does this regularly in front of the nursing board---someone like that will have a better insight into what the... View More

2 Answers | Asked in Admiralty / Maritime and Gov & Administrative Law for Louisiana on
Q: Can I get a definition and a map of inland waters of the state of Louisiana?

My charter boat insurance policy limits state: Navigation Limits Inland waters of AL, GA, LA, MS, NC, SC & TX.

And I frequently fish the coast and need to know if my policy covers me while fishing the coast or nearshore oil platforms.

Tim Akpinar
Tim Akpinar
answered on May 4, 2023

You could ask your insurance agent to outline geographic boundaries of your coverage, or to provide the laws by which their underwriting department defines your coverage. However, even if they respond on that, they are not likely to identify specific offshore oil platforms that you would be... View More

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2 Answers | Asked in Admiralty / Maritime and Gov & Administrative Law for Louisiana on
Q: Can I get a definition and a map of inland waters of the state of Louisiana?

My charter boat insurance policy limits state: Navigation Limits Inland waters of AL, GA, LA, MS, NC, SC & TX.

And I frequently fish the coast and need to know if my policy covers me while fishing the coast or nearshore oil platforms.

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

46 CFR section 10.107 provides: Inland waters means the navigable waters of the United States shoreward of the Boundary Lines as described in part 7 of this chapter, excluding the Great Lakes, and, for towing vessels, excluding the Western Rivers.

Part 7 provides the following definition...
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2 Answers | Asked in Contracts, Business Law, Collections and Gov & Administrative Law for Louisiana on
Q: Is a b2b customers continued purchases count as agreeing on interest we advised we would charge on past due balances?

I have a customer with an open charge account on net 30 day payment terms. His operations manager signed the credit application which in short says we reserve the right to charge interest on past due balances (1.5%/month). After seeing the writing on the wall and realizing I would have to get an... View More

Martha Warriner Jarrett
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answered on Dec 5, 2023

This is a state law agency question, not really a bankruptcy question. However, it appears, from the facts you laid out that the operations manager likely was the owner's agent and therefore authorized to sign contracts on behalf of the business. For a better answer, however, you should... View More

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Q: Hello my name is Damian . So I was a public housing commissioner .

I showed up for a meeting on Thursday to find out I was terminated without notice and for reasons that are false .The mayor said he and the city council voted to remove me on July 6,2023 .

James L. Arrasmith
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answered on Jul 11, 2023

This may be a violation of your rights, as public housing commissioners are entitled to due process before being terminated. You may want to request a copy of the meeting minutes from July 4, 2023, file a complaint with the housing authority, or consult with an attorney.

1 Answer | Asked in Tax Law and Gov & Administrative Law for Louisiana on
Q: Do i have to pay the 10 percent of what my vehicle is worth in the state of Louisiana when I get a new license plate.

And I'm 70 percent DV

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 3, 2022

In answer to your question, no, however, if you have purchased a vehicle and seek to get it registered into your name, then generally you will have to pay tax on the purchase price of the vehicle which is approximately 10 percent (tax rate depends on which zip code you are residing and the tax rate... View More

1 Answer | Asked in Gov & Administrative Law for Louisiana on
Q: is it against the law to have a car that's on flat tires in your driveway in the state of louisiana
Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 31, 2022

Most information is needed to respond to your inquiry. You subdivision may have rules which addresses this and.or the parish/city where the vehicle is located may have an ordinance which defines your vehicle as a "junk vehicle" and regulates it. Of course, important things not provided... View More

1 Answer | Asked in Gov & Administrative Law for Louisiana on
Q: How to Remove abandoned motor vehicle on neighbor's property

Vehicle abandoned for more than 3 Years. All windows broken, tires flat, eyesore. Owner incapacitated .

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 28, 2022

Contact you local government and see if they will do anything---that would be most cost-effective. If local government does not help then you can sue seeking removal based on it being a nuisance and/or danger but if you are suing, then you are paying for your justice. I would contact a local... View More

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Public Benefits for Louisiana on
Q: Does this include a public sidewalk after leaving the vicinity of the before mentioned property?

Did not enter nor try to enter private owned business after being told not to. Stepped out of vicinity of said building (bar) unto public sidewalk and was told to exit (public sidewalk).

Was then told said person was in violation of remainder after forbidden. When person asked what that... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 28, 2022

No it does not. Hire a criminal lawyer

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Louisiana on
Q: I’m an appointed fire chief governed by the police jury, can I run for mayor of a town and hold both jobs?

The town has no governing authority over my department and provides no financial support. I was appointed by a board that was appointed by the police jury. Can I hold both positions?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 16, 2022

On something this important and in the public eye, you really should speak to a lawyer and discuss the specifics of this with said lawyer. Furthermore, you may want to seek an opinion/ruling from the ethics board on this -----you can draft a letter to the ethic board or I recommend hiring of an... View More

1 Answer | Asked in Criminal Law, Business Law, Gaming and Gov & Administrative Law for Louisiana on
Q: Are you required to disclose if you were arrested but never convicted or plead guilty?

I was arrested a while back for marijuana possession and went through a diversion program and the arrest was expunged. What should I do if I forgot to disclose that in filing for a permit with the Mississippi State gaming association as part of an internal auditor application?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Sep 30, 2021

Even if charge refused and diversion completed, your lawyer needs to FILE a Motion to expunge the arrest.

1 Answer | Asked in Employment Law and Gov & Administrative Law for Louisiana on
Q: what is needed to terminate an employee from a parish government position?

employee has exceeded the 3 month probation timeframe and is still unable to perform the job. Removal from the job position is appropriate but how is it done correctly?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 2, 2021

If this is a parish government position which is considered classified, then the employee might be entitled to some protection per the rules for classified employees----contact the parish government's human resources department and see if it will provide you the rules for classified employees.... View More

Q: If I get a flat from a pothole can I sue or have the state pay for my tire?

I hit a small, but SUPER deep pothole on a sharp corner where it was unavoidable and got a flat tire due to hitting it. Can I get the city to pay for the tire or sue for the money?

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 6, 2021

If you can provide that the pothole was unreasonably dangerous and/or defective to a reasonable prudent person, and that the custodian of the pothole knew and or should have known of this condition, then yes. Among the first things you should do is either consult an attorney to represent you on... View More

1 Answer | Asked in Traffic Tickets and Gov & Administrative Law for Louisiana on
Q: Is the LA DMV just in placing a block on my license because an unauthorized driver was caught driving my stored vehicle.

DMV keeps telling me under the liability compulsory laws I am expected to have insurance even if my vehicle is in storage. But isn't that if vehicle was involved in an accident?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 3, 2021

No unless wheels removed and up on blocks (immobilized) you must have insurance. If unauthorized driver was ticketed for a moving violation, you will also have your license suspended until you sell the car or you get insurance.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Louisiana on
Q: To receive snap benefits in Louisiana with felony drug charges, is it 1 yr after release or 1 yr after being off paper
J. Heath Dillon
J. Heath Dillon
answered on Oct 18, 2020

In Louisiana, a felony drug convict is ineligible for SNAP benefits for one year after the completion of all terms of his sentence, including any probation, jail sentence, suspended jail sentence, etc.

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Public Benefits for Louisiana on
Q: I just want to be certain about this, can you receive snap benefits in Louisiana if you have prior drug convictions?
J. Heath Dillon
J. Heath Dillon
answered on Oct 18, 2020

In Louisiana, a person with a felony conviction for drug use/possession is ineligible for SNAP benefits for a period of one year after the completion of any sentence imposed as a result of such conviction.

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