§ 40:1472.9 — Civil penalties

Louisiana § 40:1472.9

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§1472.9. Civil penalties
A. After notice and an opportunity for a hearing held in accordance with the
Administrative Procedure Act, the deputy secretary may assess a civil penalty not to
exceed ten thousand dollars for each violation against any person he determines to
have violated any rule or regulation adopted pursuant to this Part. In determining the
amount of the penalty the deputy secretary shall take into account the nature,
circumstances, extent, and gravity of the violation, the degree of culpability of the
person violating the rule or regulation, the person's history of previous offenses, the
person's ability to pay and the effect of the penalty on his ability to continue to
operate, and any other matter that justice requires.
B. The secretary may refer any civil penalty assessed pursuant to this Section
to the attorney general for collection. Before referral for collection, the secretary may
compromise any penalty.
C. The secretary may deduct all or part of any civil penalty assessed under
the provisions of this Section from any other monies owed by the department to the
person assessed with the penalty.
D. All civil penalties collected pursuant to this Section shall be dedicated to
the Explosives Trust Dedicated Fund Account, as provided in R.S. 40:1472.20.

Legislative History

Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1; Acts 2021, No. 114, §18, eff. July 1, 2022.