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Advisory opinion regarding retired Assistant Secretary of the Office of Motor Vehicles (OMV), Kay B. Hodges, and her post-employment restrictions. |
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Mrs. Hodges would like to open a Driving School. Driving Schools must be licensed by the Department of Public Safety Office of Motor Vehicles. Mrs. Hodges served as the Assistant Secretary (Commissioner) of the Office of Motor Vehicles for 14 years and retired February 16, 2011. She wants to know if she is prevented from filing an application with the OMV for two years. She and her husband intend on using savings to open a Driving School and they anticipate hiring testing instructors. Testing instructors must pass background checks. She has stated that an application does not involve signing any type contract but has concerns over whether it is considered a prohibited transaction. She and her husband would be the sole owners of the driving school she does not anticipate being compensated by any other party. She has stated that opening a Driving School in Louisiana is an extensive process and involves leasing space, purchasing or leasing dual controlled vehicles for road testing, purchasing computer equipment and having programming done for automated classroom testing, securing insurance bond, screening and hiring personnel, establishing acceptable road testing routes, etc.
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La. R.S. 42:1121A(1) No former agency head, or elected official, shall, for a period of two years following the termination of his public service as the head of such agency or as an elected public official serving in such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that agency or render any service on a contractual basis to or for such agency.
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| Assigned Attorney: |
Suzanne Mooney |
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