La. Admin. Code tit. 56, § I-335 - Enforcement Actions
A. Provisions
addressing enforcement of this Chapter appear in
R.S.
38:3097.3, as follows.
1. Whoever knowingly and willfully violates a
provision of this Chapter, or a rule, regulation, or order of the director or a
board made hereunder, shall be subject to a civil penalty of not more than
$1,000 a day for each day of violation and for each act of violation if a
penalty for the violation is not otherwise provided in this Chapter.
a. The place of suit to recover this penalty
shall be selected by the director or board, as may be appropriate, in the
district court of the parish of the residence of any one of the defendants, or
in the district court of the parish where the violation took place.
b. Suit shall be at the direction of the
director or board, as may be appropriate, and shall be instituted and conducted
in his or its name by the attorney general or by the district attorney of the
district under the direction of the attorney general.
2. Whoever knowingly and willfully aids or
abets a person in the violation of a provision of this Chapter, or in any rule,
regulation, or order made hereunder, shall be subject to the same penalties
provided herein for the principal violator.
B. Falsification of Documents. Falsification
of documents to evade regulations, as well as penalties for said
falsifications, appears in
R.S.
38:3095, as follows.
1. No person shall, for the purpose of
evading this Chapter, or any rule, regulation, or order made thereunder:
a. make or cause to be made any false entry
or statement of fact in any report required to be made by this Chapter or by
any rule, regulation, or order made hereunder; or
b. make or cause to be made any false entry
in an account, record, or memorandum kept by any person in connection with the
provisions of this Chapter or of any rule, regulation or order made thereunder;
or
c. remove out of the
jurisdiction of the state, or destroy or mutilate, alter, or by any other means
falsify any book, record, or other paper pertaining to the matters regulated by
this Chapter or by any rule, regulation, or order made thereunder.
2. Whoever violates this Section
shall be fined not more than $5,000 or imprisoned not more than six months or
both.
C. The penalty
provision for falsification of documents required under the provisions of this
Part are therefore criminal in nature and will be enforced through the district
attorney having jurisdiction where said violation occurs. It should also be
noted that utilization of the United States Mail in the falsification of
documents constitutes a violation of Title 18 of the United States Code (Mail
Fraud), and such information will be referred to the appropriate United States
attorney.
D. Appeals. An alleged
violator may appeal any order of the department by requesting a hearing. The
hearing request must be made to the department, in writing, within 30 calendar
days of the original order and must be sent by "Certified Mail-Return Receipt
Requested." After receiving the request, the department will arrange a hearing
to determine what other remedial action will serve to effect compliance with
the rules and regulations.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.