La. Admin. Code tit. 55 § III-803

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-803 - Penalties for Non-Compliance (Formerly Section 701)

A. Civil penalties shall be assessed as described in R.S. 32:1312.

1. If an inspection station or mechanic inspector receives three written violation notices within a 12-month period, this shall be grounds to remove said inspection station or mechanic inspector from the Motor Vehicle Safety Inspection Program. This in no way intends to impede the ability of the department from removing an inspection station or mechanic inspector at any time with proper cause.

2. The department shall impose civil penalties after affording the accused an opportunity for a fair and impartial hearing to be held in accordance with the Administrative Procedure Act.

3. Failure to pay civil penalties that have been finally adjudicated and upheld may result in the immediate suspension of the station or inspectors license. The department may prohibit the station from purchasing inspection certificates, and/or selling, issuing or conducting inspections until the penalty has been satisfied.

4. All licensees and applicants shall be current in the payment of all penalties and fees owed to the Department of Public Safety as well as other state and/or local government agencies. Companies failing to comply with this requirement are subject to having their stations license suspended or revoked.

B. To maintain the integrity of the program and the safe operation of vehicles of the motoring public, the following violations are considered serious offenses. The mechanic inspectors license and/or the motor vehicle stations license may be revoked immediately upon a finding by the department of such violations. Upon the revocation of the station license/or mechanic inspectors license, he/she shall have the right to request a hearing in reference to the violations but the license shall remain revoked until the date of the hearing and the ruling from the administrative law Judge. The request for an administrative hearing shall be in writing and must be received by the department within 30 days from the date the license of the station/mechanic inspector was revoked:

1. allowing uncertified mechanics to inspect;

2. illegal sale of inspection certificates. This shall include the sale of fraudulent MVI certificates, rejection certificates or any insert that is attached to the MVI certificate;

3. involvement in criminal activity of a felony nature;

4. intentionally falsifying a report (written or electronic);

5. intentionally overcharging for inspections.

La. Admin. Code tit. 55, § III-803

Promulgated by the Department of Public Safety and Corrections, Office of State Police, Safety Enforcement Section, LR 25:2421 (December 1999), amended by the Department of Public Safety and Corrections, Office of State Police, LR 38:2550 (October 2012), Amended LR 42428 (3/1/2016), Amended by the Department of Public Safety and Corrections, Office of State Police, Transportation and Environmental Safety Section, LR 421531 (9/1/2016), Amended by the Department of Public Safety and Corrections, Office of State Police, LR 441631 (9/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1310 and 32:1312 et seq.