§ 3:4624 — Penalty

Louisiana § 3:4624

• Jurisdiction: Louisiana
• Title 3: Agriculture and Forestry

Text

§4624. Penalty
A. A violator of any provisions of this Chapter or of any rule or regulation adopted
under the provisions of this Chapter may be subject to a civil penalty for each act of
violation. Each day on which a violation occurs shall be a separate offense.
B.(1) The commissioner may assess a civil penalty of not more than five hundred
dollars for each violation of any provision of this Chapter or any rule or regulation adopted
pursuant to this Chapter if the violator subject to the civil penalty has not been assessed a
civil penalty under any provision of this Chapter or any rule or regulation pursuant to this
Chapter in the five years preceding the violation.
(2) The commissioner may assess a civil penalty of not more than seven hundred
fifty dollars for each violation of any provision of this Chapter or any rule or regulation
adopted pursuant to this Chapter if the violator subject to the civil penalty has been assessed
a civil penalty under any provision of this Chapter or any rule or regulation pursuant to this
Chapter in the five years preceding the violation.
(3) The commissioner may assess a civil penalty of not more than one thousand
dollars for each violation of any provision of this Chapter or any rule or regulation adopted
pursuant to this Chapter if the violator subject to the civil penalty has been assessed two or
more civil penalties under any provision of this Chapter or any rule or regulation pursuant
to this Chapter in the five years preceding the violation.
C. 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.
D. In addition to civil penalties, the commissioner may assess the proportionate costs
of the adjudicatory hearing against the offender. The commissioner shall determine the
amount of costs to be assessed.
E. The commissioner may institute civil proceedings to enforce his rulings in the
district court for the parish in which the violation occurred.
F. The commissioner may institute civil proceedings seeking injunctive relief to
restrain and prevent the violation of the provisions of this Chapter, or of the rules and
regulations adopted under the provisions of this Chapter, in the district court for the parish
in which the violation occurred.
G.(1) The commissioner may require a violator to submit a corrective action plan to
the department. If a corrective action plan is required, the plan shall include the following:
(a) A statement acknowledging the violation as determined by the department.
(b) An identification of the cause of the violation and timeline of events.
(c) A plan outlining actions the violator will take to improve performance to meet
program requirements, the persons or position titles responsible for implementing the
corrective action plan, and the date that the plan will be implemented.
(d) A statement acknowledging that failure to effectively improve performance may
result in further enforcement actions.
(2) Failure to submit a corrective action plan within thirty days of notice may result
in additional civil penalties.

Legislative History

Acts 1992, No. 55, §1; Acts 2003, No. 139, §1, eff. May 28, 2003; Acts 2024, No. 210, §1.