La. Admin. Code tit. 33 § XV-1506
Current through Register Vol. 50, No. 9, September 20, 2024
Section XV-1506 - Deliberate Misconduct NOTE: Former §1506 has been repealed.
A. This Section applies to any: 3. quality assurance program approval holder;4. applicant for a license, certificate, or quality assurance program approval;5. contractor (including a supplier or consultant) or subcontractor, to any person identified in Paragraph A.4 of this Section; or6. employee of any person identified in Paragraph A.1, 2, 3, 4, or 5 of this Section.B. A person identified in Subsection A of this Section who knowingly provides to any person listed in Paragraph A.1, 2, 3, 4, or 5 of this Section any component, material, or other goods or services that relate to a licensee's, a certificate holder's, a quality assurance program approval holder's, or an applicant's activities subject to this Chapter may not: 1. engage in deliberate misconduct that causes, or would have caused if not detected, a licensee, a certificate holder, a quality assurance program approval holder, or any applicant to be in violation of any rule, regulation, or order, or of any term, condition, or limitation of any license, certificate, or approval issued by the department; or2. deliberately submit to the department, or to a licensee, a certificate holder, a quality assurance program approval holder, an applicant for a license, certificate, or quality assurance program approval, or a licensee's, an applicant's, a certificate holder's, or a quality assurance program approval holder's contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect.C. A person who violates Subsection B of this Section may be subject to enforcement action in accordance with the procedures in LAC 33:XV.108.D. For the purposes of Paragraph B.1 of this Section, deliberate misconduct by a person means an intentional act or omission that the person knows: 1. would cause a licensee, a certificate holder, a quality assurance program approval holder, or an applicant for a license, certificate, or quality assurance program approval to be in violation of any rule, regulation, or order, or of any term, condition, or limitation of any license or certificate issued by the department; or2. constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a licensee, a certificate holder, a quality assurance program approval holder, an applicant, or the contractor or subcontractor of any of them.La. Admin. Code tit. 33, § XV-1506
Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 34:2107 (October 2008).AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2104(B) and 2113.