Louisiana § RS 3:3372 - Enforcement

§ RS 3:3372. Enforcement

A.  The commission may impose civil penalties for the commission of any act which is a violation under R.S. 3:3371.  The schedule for civil penalties is as follows:

(1)  Minor - not more than two hundred dollars.

(2)  Moderate - not more than five hundred dollars.

(3)  Major - not more than five thousand dollars.

B.  The commission may suspend or revoke any permit, license, or registration for the commission of any act which is a major violation or for multiple acts which are minor or moderate violations.  No permit, license, or registration shall be suspended or revoked without the affirmative vote of each of the five members of the commission.

C.  The commission may place any person who holds a permit, license, or registration on probation for any violation under R.S. 3:3371.

D.  The commission in its discretion may combine the penalties of civil penalties, probation, suspension, or revocation, subject to the other provisions of this Section.

E.  Civil penalties may be assessed, probation may be imposed, and permits, licenses, and registrations may be suspended or revoked only by a ruling of the commission based on an adjudicatory hearing held in accordance with the Administrative Procedure Act and the following special provisions:

(1)  The commission shall appoint a hearing officer.

(2)  The commission shall notify the alleged violator by certified mail at least thirty days prior to the date the hearing is held.

(3)  The notice shall contain the following information:

(a)  A statement of the alleged violation.

(b)  The specific Section of this Part or the specific rule or regulation alleged to have been violated.

(c)  The date, time, and place where the hearing will be held.

(d)  A statement of the rights which will be accorded to the licensee or registered employee at the hearing.

(e)  A statement as to the possible penalties which may be imposed upon a finding by the commission at the hearing that the alleged violator committed the alleged violation.

(4)  The alleged violator shall have the right to representation by legal counsel and the right to examine and cross-examine witnesses as in civil cases.  The alleged violator shall have the right to compel the attendance of witnesses and the production of evidence upon depositing with the commission the fees required for issuing subpoenas and subpoenas duces tecum in civil cases.

F.  The commission may institute civil proceedings in the district court for the parish in which the violation occurred to enforce its rulings.

G.  The commission may institute civil proceedings 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 in the district court for the parish in which the violation occurred.

H.  The provisions of R.S. 3:3205 shall apply to this Part.  The commissioner or his duly authorized representatives acting at his direction shall administer the provisions of R.S. 3:3205 as they apply to violations of this Part or to violations of the rules and regulations adopted under the provisions of this Part.

Acts 1984, No. 800, §1, eff. July 13, 1984; Acts 1988, No. 215, §1.