Louisiana § 26:920 Appeal

Louisiana Statutes

§ 26:920 — Appeal

Louisiana § 26:920

Title 26Liquors - Alcoholic Beverages

This text of Louisiana § 26:920 (Appeal) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

La. Stat. Ann. § 26:920 (2026).

Text

§920. Appeal

A.Decisions of the commissioner in withholding, suspending, or revoking permits are final and binding on all parties unless appealed in the manner provided by this Section and finally reversed by the courts.

B.Any party aggrieved by a decision of the commissioner to withhold, suspend, or revoke a permit may, within ten days of the notification of the decision, take a devolutive or suspensive appeal to the district court having jurisdiction of the applicant's or permittee's place of business, proposed or actual as the case may be. Such appeals shall be filed in the district courts in the same manner as original suits are instituted therein. The appeals shall be tried de novo. Either party may amend and supplement his pleadings and additional witnesses may be called and heard.

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§920. Appeal
A. Decisions of the commissioner in withholding, suspending, or revoking permits
are final and binding on all parties unless appealed in the manner provided by this Section
and finally reversed by the courts.
B. Any party aggrieved by a decision of the commissioner to withhold, suspend, or
revoke a permit may, within ten days of the notification of the decision, take a devolutive or
suspensive appeal to the district court having jurisdiction of the applicant's or permittee's
place of business, proposed or actual as the case may be. Such appeals shall be filed in the
district courts in the same manner as original suits are instituted therein. The appeals shall
be tried de novo. Either party may amend and supplement his pleadings and additional
witnesses may be called and heard. When there has been a previous criminal prosecution for
the same or a similar act upon which the refusal, suspension, or revocation of a permit is
being considered, evidence of an acquittal, dismissal, or plea of nolo contendere in a court
of competent jurisdiction is admissible in the trial of the appeal.
C. Within ten calendar days of the signing of the judgment by the district court in any
such appeal case, the commissioner or the applicant for a permit or permittee, as the case
may be, may file a devolutive or suspensive appeal of the judgment to the appellate court of
proper jurisdiction. These appeals shall be perfected in the manner provided for in civil
cases and shall be devolutive or suspensive only. A suspensive appeal granted pursuant to
the provisions of this Section that does not result in the reversal of a decision of the
commissioner to withhold, suspend, or revoke a permit, may subject the appellant to a fine
of up to five thousand dollars upon a finding by the court that the appeal is frivolous. If the
district court determines that the decision of the commissioner in withholding, suspending,
or revoking the permit was in error, the decision of the commissioner shall not be voided if
the commissioner takes an appeal to the court of appeals in the time provided for suspensive
appeals.
D. All proceedings in the district and appellate courts arising under this Chapter are
civil in nature and shall be heard summarily by the court, without a jury, shall take
precedence over other civil cases, and shall be tried in chambers or in open court, in or out
of term.
E. The courts of this state shall have jurisdiction to issue restraining orders and writs
of injunction restraining the commissioner as provided in the constitution, but no writ or
order shall issue before a decision has been made by the commissioner either withholding
the application for a permit, or suspending or revoking a permit under this Chapter.