§ 3:1612 — Penalties

Louisiana § 3:1612

• Jurisdiction: Louisiana
• Title 3: Agriculture and Forestry

Text

§1612. Penalties
A. Any person who violates any of the provisions of this Part or the rules or
regulations adopted under the provisions of this Part, or who alters, forges, or counterfeits,
or uses without authority, any certificate or permit or other document provided for in this Part
or in the rules or regulations adopted under the provisions of this Part, or who, except in
compliance with the rules or regulations adopted by the commission, moves any regulated
article which the commissioner found is infested by the boll weevil into this state from any
other state shall be subject, in addition to any unpaid fees associated with the eradication
program, to a civil penalty of not more than five thousand dollars for each act of violation
and for each day of violation. Each day on which a violation occurs shall be a separate
offense.
B. Penalties may be assessed only by a ruling of the commissioner based upon an
adjudicatory hearing held in accordance with the provisions of the Administrative Procedure
Act.
C. In addition to civil penalties, the commissioner may assess the proportionate costs
of the adjudicatory hearing against the violator. The commissioner, by rule, shall determine
the amount of costs to be assessed.
D. The commissioner may institute civil proceedings to enforce his rulings in the
district court for the parish in which the violation occurred.
E. The commissioner may institute civil proceedings seeking injunctive relief to
restrain and prevent the violation 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.

Legislative History

Acts 1992, No. 58, §1; Acts 2019, No. 185, §1, eff. June 11, 2019.