| Advisory opinion request regarding whether Chad Mayo, an employee of the Louisiana Real Estate Commission, can hold an active real estate license. |
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Chad Mayo is currently employed as a Compliance Investigator 3 with the Investigative Division of the Louisiana Real Estate Commission (Commission). As such, he is responsible for performing investigations designed to protect the general public from fraudulent, illegal and incompetent real estate practices. He also currently holds an inactive real estate license, which he renews each year with the Commission by submitting the required form and fee.
Real estate licenses, whether active or inactive, expire on December 31st of each year. An inactive license can be transferred to active status at any time by submitting the form, verifying errors and omissions insurance coverage, completing continuing education hours, and paying the fees. Similarly, renewal of an active license involves submitting the form, either electronically or paper, verifying errors and omissions insurance coverage, completing continuing education hours, and paying the fees. Once the requisite information and payments are received by the Licensing Division, the real estate license is transferred to active status or renewed.
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In Hill v. Commission on Ethics for Public Employees, 453 So.2d 558, (La. 1984), the Louisiana Supreme Court concluded that a member of the Cosmetology Board could renew a license for a beauty shop and a license to practice cosmetology since those renewals were "routine and mechanical". "Routine and mechanical" was defined as something issued in accordance with the rules and procedures of the agency and not with the approval of the Cosmetology Board.
In BD No. 2011-1692, the Board concluded that the immediate family members of the Deputy Commissioner of the Office of Licensing and Compliance of the Department of Insurance were not prohibited from renewing their producer licenses.
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La. R.S. 42:1113A prohibits a public servant, or member of his immediate family, or legal entity in which he has a controlling interest from bidding on or entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of his agency.
La. R.S. 42:1112A prohibits a public servant from participating in a transaction in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Haley Williams |
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