§ 37:1893.3 — Notice; hearings; appeals

Louisiana § 37:1893.3

• Jurisdiction: Louisiana
• Title 37: Professions and Occupations

Text

§1893.3. Notice; hearings; appeals
A. Any licensee charged with violating the provisions of this Part shall be entitled
to a hearing on the alleged violation.
B.(1) The commission shall determine whether the licensee has violated any
provisions of this Part or any rules and regulations promulgated by the commission.
(2) The commission shall serve the licensee with written notice of the hearing at least
twenty calendar days prior to conducting the hearing on the alleged violation.
(3) The commission shall serve the notice of the hearing on the licensee by certified
or registered mail to the address for the licensee as provided on the licensee's application, by
personal physical service on the licensee, by service on an employee of a dealer, or by
posting notice at the entrance of the licensed premises where the alleged violation occurred.
(4) The notice shall contain the time and place of the hearing; the alleged violation;
the facts in support of the alleged violation; the penalty, if any; and the rights of the licensee
during the hearing.
(5) If the alleged violation was first presented to the commission by a complaint filed
with the commission, a copy of the notice shall be mailed to the complainant by United
States mail.
C.(1) Any party to a hearing shall have the right to compel the attendance of
witnesses by requesting the issuance of subpoenas. The commission shall issue a subpoena
requested in writing no later than ten days prior to the hearing. The party requesting a
subpoena to be issued shall pay all witness fees in accordance with R.S. 13:3661, as well as
the estimated cost to be incurred in the delivery of the subpoenas.
(2) The commission may compel the attendance of its own witnesses by the issuance
of subpoenas.
D. The commission shall consider a pleading filed by the licensee no later than five
days prior to the hearing.
E.(1) The commission may impose sanctions including restrictions on a license,
revocation or suspension of a license, civil fines, restitution or injunction, assessment of all
costs of the hearing including the commission's attorney fees, witness fees, travel expenses
and per diem of commissioners, and the requirement that the licensee attend a four-hour
educational seminar within three months of the hearing decision. The commission may also
enter into stipulations.
(2) The findings and orders of the commission shall be reduced to writing and served
on the licensee in any manner consistent with the service provided for in Paragraph (B)(3)
of this Section.
(3) A decision of the commission to revoke or suspend a license or enjoin a licensee
shall be final and enforceable when rendered.
(4) A civil penalty imposed by the commission shall become payable thirty days
from the date that the order is served on the licensee.
F.(1) An appeal of a decision by the commission to deny, revoke, or suspend a
license shall not constitute a stay of the decision of the commission.
(2) An appeal of a decision of the commission shall be heard in accordance with the
Administrative Procedure Act.

Legislative History

Acts 2023, No. 373, §1.