Louisiana § RS 23:995 - Civil penalties

§ RS 23:995. Civil penalties

            A. No person, either for himself or on behalf of another, shall employ, hire, recruit, or refer, for private or public employment within the state, an alien who is not entitled to lawfully reside or work in the United States.

            B. No person shall be subject to civil penalties pursuant to the provisions of this Part upon a showing of either of the following:

            (1) The citizenship or work authorization status of every employee has been verified by the United States Citizenship and Immigration Services E-Verify system, hereinafter referred to as E-Verify.

            (2) Each employee has provided a picture identification and one of the following documents of which the employer has retained a copy for his records:

            (a) United States birth certificate or certified birth card.

            (b) Naturalization certificate.

            (c) Certificate of citizenship.

            (d) Alien registration receipt card.

            (e) United States immigration form I-94 (with employment authorized stamp).

            C. Any employer who has utilized the E-Verify system to determine the employment eligibility of an employee is presumed to have been in good faith and is not subject to any penalty as a result of the reliance on the accuracy of the E-Verify system.

            D. The secretary of Louisiana Works shall enforce the provisions of this Section. The secretary may assess civil penalties against any person violating the provisions of this Section, or when appropriate, inform the proper governing or licensing authority to suspend a license or permit to do business, as follows:

            (1) For a first violation the penalty shall be not more than five hundred dollars for each alien employed, hired, recruited, or referred in violation of this Section.

            (2) For a second violation the penalty shall be not more than one thousand dollars for each alien employed, hired, recruited, or referred in violation of this Section. However, the provisions of this Section shall not apply to any health care facility or entity licensed by the Louisiana Department of Health, the department shall follow the applicable licensing statutes and licensing rules for suspension of a license.

            (3) For a third or subsequent violation , the appropriate local governing authority or licensing agency shall immediately suspend the violator's permit or license to do business in the state for not less than thirty days nor more than six months and a fine shall be assessed that shall be not more than two thousand five hundred dollars for each alien employed, hired, recruited, or referred in violation of this Section. However, the provisions of this Section shall not apply to any health care facility or entity licensed by the Louisiana Department of Health, the department shall follow the applicable licensing statutes and licensing rules for suspension of a license.

            E. Civil penalties may be imposed only by a ruling of the secretary pursuant to an adjudicatory hearing held in accordance with the Administrative Procedure Act, R.S. 49:950, et seq.

            F. The secretary may institute civil proceedings in the Nineteenth Judicial District Court to enforce its rulings. In the event judgment is rendered in said court affirming the civil penalties assessed, the court shall also award to Louisiana Works reasonable attorney fees, and judicial interest on said civil penalties from the date of its assessment by Louisiana Works until paid and all costs.

            G. The secretary may institute civil proceedings in the Nineteenth Judicial District Court seeking injunctive relief to restrain and prevent violations of the provisions of this Part or of the rules and regulations adopted under the provisions of this Part. If the court grants the injunctive relief sought by Louisiana Works, it shall also award reasonable attorney fees and costs to Louisiana Works.

            Acts 1985, No. 894, §2; Acts 1986, No. 903, §1; Acts 1989, No. 512, §1, eff. Jan. 1, 1990; Acts 1992, No. 447, §1, eff. June 20, 1992; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2011, No. 402, §1.