2006 Louisiana Laws - RS 26:915 — Fines; registration certificate holders

§915.  Fines; registration certificate holders

A.  The commissioner, the secretary, governing authorities of municipalities or parishes, sheriffs, law enforcement authorities, and citizens, in accordance with the procedure below, have the right to have a registration certificate holder show cause why he should not be cited and subsequently fined.

B.  The commissioner shall have periodic examinations made of the business of all persons holding registration certificates under this Chapter.  If a violation of the Chapter or of any rule or regulation of the commissioner or the secretary is observed, the commissioner may give the registration certificate holder a written warning.  If the registration certificate holder has been previously warned or if the violation is of a sufficiently serious nature, the commissioner may instruct any agent or employee of the commissioner to prepare and file, upon information and belief based upon the facts in hand, a petition for assessing a fine, setting forth the facts and circumstances of the violation, and shall thereupon summon the permittee to appear and show cause why the registration certificate holder should not be fined.

C.  The secretary, parish or municipal governing authorities, sheriffs, and other law enforcement officers may have periodic investigations made of the business of all registration certificate holders within their respective jurisdictions.  If any violation of any provision of this Chapter or of any rule or regulation adopted by the commissioner is observed, such authorities may give the registration certificate holder a written warning.  If the registration certificate holder has been previously warned or if the violation is of a sufficiently serious nature, the authority shall file an affidavit with the commissioner, setting forth the facts and circumstances of the violation.  Thereupon, the commissioner shall summon the registration certificate holder to appear and show cause why he should not be fined.

D.  Any person may file with the commissioner a sworn petition requesting that a registration certificate holder be fined. When such a petition is received by the commissioner, he shall summon the registration certificate holder to appear and show cause why he should not be fined.

E.  No such petition shall be considered by the commissioner unless submitted by a sworn affidavit together with supporting affidavits made on personal knowledge, which shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein, together with any witnesses who shall appear at a hearing and testify as to the allegations contained in the petition which constitute a cause or causes enumerated in or established by this Chapter which would provide for a fine to be assessed.

F.  If it appears to the satisfaction of the commissioner at any time that any of the affidavits presented pursuant to this Section are presented in bad faith or solely for the purposes of harassment of a dealer and are without merit, the commissioner may order the party employing them to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused him to incur, including reasonable attorney fees.  Any offending party or attorney may be adjudged guilty of contempt.

G.  If a registration certificate holder is fined twice within a three-year period, at his next annual registration he shall not be issued a registration certificate but shall only be issued a permit and shall thereafter be subject to the provisions of this Chapter which govern similar permit holders.

H.  A permittee who does not violate any provisions of this Chapter or any rules or regulations promulgated thereunder for a period of five consecutive years from his last violation may petition the commissioner for reinstatement as a registration certificate holder.  The commissioner shall hold a hearing and upon a showing that the permittee has not been cited with a violation during such period, the commissioner shall issue a registration certificate and the provisions of this Chapter that apply to a registration certificate holder shall apply.

Acts 1997, No. 1370, §2, eff. Oct. 1, 1997.