Louisiana § RS 37:1893.3 - Notice; hearings; appeals

§ RS 37:1893.3. Notice; hearings; appeals

            A. Any licensee charged with violating the provisions of this Part shall be entitled to a hearing on the alleged violation.

            B.(1) The commission shall determine whether the licensee has violated any provisions of this Part or any rules and regulations promulgated by the commission.

            (2) The commission shall serve the licensee with written notice of the hearing at least twenty calendar days prior to conducting the hearing on the alleged violation.

            (3) The commission shall serve the notice of the hearing on the licensee by certified or registered mail to the address for the licensee as provided on the licensee's application, by personal physical service on the licensee, by service on an employee of a dealer, or by posting notice at the entrance of the licensed premises where the alleged violation occurred.

            (4) The notice shall contain the time and place of the hearing; the alleged violation; the facts in support of the alleged violation; the penalty, if any; and the rights of the licensee during the hearing.

            (5) If the alleged violation was first presented to the commission by a complaint filed with the commission, a copy of the notice shall be mailed to the complainant by United States mail.

            C.(1) Any party to a hearing shall have the right to compel the attendance of witnesses by requesting the issuance of subpoenas. The commission shall issue a subpoena requested in writing no later than ten days prior to the hearing. The party requesting a subpoena to be issued shall pay all witness fees in accordance with R.S. 13:3661, as well as the estimated cost to be incurred in the delivery of the subpoenas.

            (2) The commission may compel the attendance of its own witnesses by the issuance of subpoenas.

            D. The commission shall consider a pleading filed by the licensee no later than five days prior to the hearing.

            E.(1) The commission may impose sanctions including restrictions on a license, revocation or suspension of a license, civil fines, restitution or injunction, assessment of all costs of the hearing including the commission's attorney fees, witness fees, travel expenses and per diem of commissioners, and the requirement that the licensee attend a four-hour educational seminar within three months of the hearing decision. The commission may also enter into stipulations.

            (2) The findings and orders of the commission shall be reduced to writing and served on the licensee in any manner consistent with the service provided for in Paragraph (B)(3) of this Section.

            (3) A decision of the commission to revoke or suspend a license or enjoin a licensee shall be final and enforceable when rendered.

            (4) A civil penalty imposed by the commission shall become payable thirty days from the date that the order is served on the licensee.

            F.(1) An appeal of a decision by the commission to deny, revoke, or suspend a license shall not constitute a stay of the decision of the commission.

            (2) An appeal of a decision of the commission shall be heard in accordance with the Administrative Procedure Act.

            Acts 2023, No. 373, §1.