2006 Louisiana Laws - RS 40:1299.36.3 — Administrative penalties

§1299.36.3.  Administrative penalties

A.  For a violation of R.S. 40:1299.36.2, the secretary of the Department of Health and Hospitals may, in accordance with the Administrative Procedure Act, order the levy of an administrative penalty as follows:

(1)  If the person is a corporation, firm, clinic, hospital, laboratory, or research facility, a penalty of not more than ten million dollars or the applicable amount under Subsection B, whichever is greater.

(2)  If the person is an individual, a penalty of not more than five million dollars or the applicable amount under Subsection B, whichever is greater.

B.  If any person derives pecuniary gain from a violation of R.S. 40:1299.36.2, the person shall be assessed a civil penalty of not more than an amount equal to the amount of the gross gain multiplied by two.

C.  The administrative penalties shall be deposited into the state treasury.

Acts 1999, No. 788, §1.

NOTE:  Acts 1999, No. 788, §3, provides that the provisions of the Act become null and void on July 1, 2003.

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