§ 30:704 — Administration and enforcement

Louisiana § 30:704

• Jurisdiction: Louisiana
• Title 30: Mortgages and Privileges

Text

§704. Administration and enforcement
A. Except as otherwise provided in this Part, the provisions of R.S. 30:6, 30:8, 30:13,
30:15 and 30:21 shall apply to the administration and enforcement of this Part.
B. The secretary may employ such officers, agents, employees, and professional
personnel, including legal counsel, as he deems necessary for the performance of his powers
and duties and prescribe the powers and duties and fix the compensation of such officers,
employees, and professional personnel.
C. The legal counsel employed or retained by the secretary, when authorized by the
secretary, shall be entitled to represent the state and the secretary and to appear in the courts
and before agencies of this state, the United States, and other states in order to carry out the
purposes of this Part.
D. Whenever it appears to the secretary that any person has engaged, is engaged, or
is about to engage in any act or practice constituting a violation of this Part or of any
regulation, rule, or order issued hereunder, the secretary may bring an action in the court
having jurisdiction, to enjoin such acts or practices and to enforce compliance with this Part
or any rule, regulation, or order issued thereunder. Upon a proper showing a temporary
restraining order or a preliminary or permanent injunction shall be granted without bond. The
relief sought may include a mandatory injunction commanding any person to comply with
this Part or any such regulation, rule, or order issued hereunder, and to make restitution of
money received in violation of any such regulation, rule, or order. The secretary may transmit
such evidence as may be available concerning such acts or practice or concerning apparent
violations to the district attorney having jurisdiction over same who, in his discretion, may
institute appropriate criminal proceedings.
E. Upon application by any person engaged in the transportation of hazardous liquids
or the operation of intrastate pipeline facilities, the secretary shall, by order, after notice and
opportunity for hearing and under such terms and conditions and to such extent as the
secretary may deem reasonable and proper, waive in whole or in part compliance with any
standard established under this Part, if he determines that compliance with such standard
works a substantial hardship on an owner or operator of pipeline facilities or is not in the
public interest and a waiver of compliance with such standard is not inconsistent with
pipeline safety, provided that such waiver shall not be effective until the requirements of 49
U.S.C.A. Section 2001 et seq. relative to such a waiver have first been satisfied.

Legislative History

Acts 1987, No. 794, §1; Acts 2025, No. 458, §1, eff. Oct. 1, 2025.