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      RS 47:1402     


§1402.  Membership of board; qualifications; appointment; term; vacancy; salary

A.(1)  The Board of Tax Appeals shall be composed of three members who shall be attorneys and who shall be qualified electors of the state.  At least two of the board members shall be attorneys with tax law experience.  At least one of these two board members shall be certified as a Tax Law Specialist by the Louisiana Board of Legal Specialization.  Each member shall be appointed by the governor.  Vacancies shall be filled in the manner of the original appointment.

(2)  For the purposes of this Subsection, tax law experience shall mean an attorney admitted to the practice of law in Louisiana who possesses a Masters of Law in Taxation or Tax Law, is board certified as a Tax Law Specialist in this state, is licensed as a certified public accountant in this state, or who has served pursuant to Article V, Section 22 of the Louisiana Constitution as a judge of a district or appellate court.

B.  Each appointment to the board by the governor shall be submitted to the Senate for confirmation.

C.  The  governor shall make the following appointments on or before September 1, 2014:  one member with a term expiring February 1, 2016, and one member with a term expiring February 1, 2018.  Any subsequent appointments pursuant to this Subsection shall be for either a fixed term of four years or for the remainder of an unexpired term.

D.(1)  On or before August 1, 2014, the governor shall appoint one member to a term expiring February 1, 2020, from a list of qualified nominees provided by the nominating committee established pursuant to this Subsection.  Any subsequent appointments pursuant to this Subsection shall be for either a fixed term of six years or for the remainder of an unexpired term.

(2)  The nominating committee shall be responsible for developing a list of not less than one, nor more than three, qualified nominees for any vacancy.  Any person nominated by the committee must be an attorney with experience in Louisiana sales tax law, and at least one nominee shall be certified as a Tax Law Specialist by the Louisiana Board of Legal Specialization.

(3)  The Local Tax Division Nominating Committee is hereby established to be comprised of eight members who shall be either an attorney licensed to practice law in Louisiana, a certified public accountant, or a parish tax administrator.  The committee shall be comprised of the following members:

(a)  A representative of the Louisiana Association of Business and Industry.

(b)  A representative of the Society of Louisiana Certified Public Accountants, selected in consultation with the Business and Industry Committee of the Louisiana Association of Tax Administrators.

(c)  Two representatives of the section on taxation of the Louisiana State Bar Association, with one selected in consultation with the National Bar Association Greater New Orleans Chapter Louis A. Martinet Society.

(d)  A representative of the Louisiana Municipal Association.

(e)  A representative of the Police Jury Association of Louisiana.

(f)  A representative of the Louisiana School Boards Association.

(g)  A representative of the Louisiana Sheriffs' Association.

(4)  The secretary-clerk of the board shall maintain the records of the nominating committee, and shall call an organizational meeting of the nominating committee in order for the nominating committee to elect its chairman.  The chairman, or a majority of committee members, may call meetings of the committee, and shall provide advance notice of all meetings to the members and to the appointing entities referenced in Paragraph (3) of this Subsection.

(5)  Six members shall constitute a quorum for the transaction of committee business, and each nomination must be approved by a favorable vote of at least five committee members.

E.(1)  A board member shall continue to serve until a successor has been appointed.  No member may be removed during an unexpired term of office except for good cause shown, which shall be subject to judicial review.

(2)  A member who has served on the board for more than two and one-half terms occurring within three consecutive terms shall be ineligible for reappointment to the board until at least two years from the last day of his last appointment.  However, a member may be reappointed notwithstanding any other provision of law to the contrary, if nominated pursuant to Subsection D of this Section, and service pursuant to that Subsection is not counted for the purposes of any term or service limitation.

F.  The governor shall establish the compensation to be paid to members of the board, including any additional compensation for its officers.  A member's compensation shall not be reduced during his unexpired term of office.

Amended by Acts 1950, No. 58, §1; Acts 1977, No. 282, §1, eff. July 7, 1977; Acts 1984, No. 380, §1, eff. July 6, 1984; Acts 2014, No. 640, §2, eff. June 12, 2014.

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