La. Admin. Code tit. 7 § V-1133

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

Section V-1133 - Penalty for Violations; Injunctive Relief; Costs

A. Whenever the commission has any reason to believe that a violation of these regulations has occurred, an adjudicatory hearing will be held to make a determination with respect to the suspected violation.

B. The commission shall give written notice to the person suspected of the violation, such notice to comply with the requirements of the Administrative Procedure Act, at least five days prior to the date set for such adjudicatory hearing.

C. As chairman of the State Market Commission, the commissioner shall designate a hearing officer to preside at all adjudicatory proceedings.

D. At any such adjudicatory hearing, the person suspected of a violation of these regulations shall be accorded all of the rights set forth in the Administrative Procedure Act.

E. Whenever the commission makes a determination from the proceedings of the adjudicatory hearing that any violation of these regulations has occurred, the commission may impose a monetary fine.

F. The commission may impose a penalty of not less than $25 nor more than $500, or have the person suspected of a violation imprisoned for not less than 10 days nor more than six months, or both for each violation of these rules and regulations which is proven in any adjudicatory hearing.

G. Each separate day on which a violation occurs shall be considered a separate violation.

H. Any person may appeal any action taken by the commissioner to impose a monetary penalty by:

1. applying for a rehearing under the procedures provided in the Administrative Procedure Act; or

2. applying for judicial review of the commissioner's determination, under either the Administrative Procedure Act or other applicable laws.

I. In addition to the penalties authorized in this Section, the commission may apply for injunctive relief restraining violations of these regulations. The person condemned in any such proceeding shall be liable for the costs of court and for any additional costs incurred by the commission in gathering the necessary evidence, including reasonable attorney fees and expert witness fees.

La. Admin. Code tit. 7, § V-1133

Promulgated by the Department of Agriculture, Market Commission, LR 11:249 (March 1985).

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:413 and R.S. 3:405.