§ 32:1512 — Civil penalties; assessment

§1512. Civil penalties; assessment
A. Any person who is determined by the secretary, after reasonable notice and
opportunity for a fair and impartial hearing held in accordance with the Administrative
Procedure Act, to have committed an act that is a violation of this Chapter or any regulation
issued thereunder, is subject to a civil penalty of not more than twenty-five thousand dollars.
If the violation is a continuing one, each day of violation shall constitute a separate offense.
B. In determining the amount of the penalty, the secretary shall take into account the
nature, circumstances, extent, and gravity of the violation; the degree of culpability of the
person charged; the person's history of previous offenses and ability to pay; the effect of the
penalty on the person's ability to continue to operate; and any other matters that justice
requires.
C. The secretary shall assess the amount of any civil penalty by a written notice to
the violator.
D. Before referral under Section 1513, the secretary may compromise any civil
penalty.
E. The secretary shall not subject a person to a civil penalty for a careless handling
violation as defined in R.S. 32:1520(A) when that person or his representative reports an
incident involving hazardous material that does not meet the reporting criteria as set forth in
R.S. 32:1510.

Legislative History

Added by Acts 1979, No. 83, §1. Amended by Acts 1980, No. 603, §1, eff. July 23, 1980; Acts 1982, No. 539, §1; Acts 2016, No. 632, §1.