La. Admin. Code tit. 46 § LXXXIX-1103

Current through Register Vol. 50, No. 9, September 20, 2024

Section LXXXIX-1103 - Violations and Hearings

A. Provisions addressing enforcement of this Part appear in R.S. 38:3098.3, as follows.

1. If the Department of Transportation and Development, Office of Public Works has reasonable grounds for believing that there has been a violation of this Part or any rules or regulations adopted pursuant thereto, the department shall give written notice to the person alleged to be in violation and shall conduct a hearing on such alleged violation, such hearing to be conducted in accordance with the Administrative Procedure Act in Title 49. Such notice shall identify the provisions of this Part or regulation issued hereunder alleged to be violated and the facts alleged related thereto. The notice shall be served in the manner required by law for the service of process upon a person in a civil action, and may be accompanied by an order of the department requiring described remedial action which, if taken within the time specified in such order, will effect compliance with the requirements of this Part and regulations issued thereunder. Such order shall become final within 30 days from the service thereof unless a request for a hearing as provided elsewhere in this Part is made within such time. In lieu of such order, the department may require the persons named in such notices to appear at a hearing at a time and place specified in the notice.

2. If the Department of Transportation and Development, Office of Public Works, finds that any provision of this Part has been violated and that disciplinary action by the department is insufficient or unavailable, it shall be the duty of the said department to proceed with enforcement of this Part by proper proceedings through any court of competent jurisdiction.

3. Also, in addition to the above, grounds for revoking a driller's license appear in R.S. 38:3098.4 (see §1101).

La. Admin. Code tit. 46, § LXXXIX-1103

Promulgated by the Department of Transportation and Development, Office of Public Works, Water Resources Section, LR 9:249 (April 1983), amended LR 11:968 (October 1985).

AUTHORITY NOTE: Promulgated in accordance with R.S. 38:3098.7 and R.S. 38:3098.2.