2011 Louisiana Laws
Revised Statutes
TITLE 40 — Public health and safety
RS 40:1484.10 — Violations and penalties; injunctive relief
§1484.10. Violations and penalties; injunctive relief
A. The assistant secretary may assess a civil penalty of not more than two hundred fifty dollars for each violation of the provisions of this Part or of the rules and regulations adopted by the assistant secretary. Each day on which a violation occurs shall be considered a separate offense.
B. Penalties may be assessed only by a ruling of the assistant secretary based on an adjudicatory hearing held in accordance with the provisions of the Administrative Procedure Act.
C. The assistant secretary may institute civil proceedings to enforce the rulings of the assistant secretary in the district court for the parish in which the violation occurred.
D. The assistant secretary may institute civil proceedings seeking injunctive relief to restrain and prevent the violation of the provisions of this Part, or of the rules and regulations adopted by the assistant secretary, in the district court for the parish in which the violation occurred.
E. In addition to the foregoing provisions, the assistant secretary may assess those civil penalties attributable to the operator of an amusement ride or attraction to the owner or lessee of the site on which the amusement ride or attraction is located, if the owner or lessee of the site failed to reasonably determine that the operator of the amusement ride or attraction is properly in compliance with the requirements of this Part.
Added by Acts 1985, No. 733, §1; Acts 1997, No. 878, §1; Acts 1998, 1st Ex. Sess., No. 130, §2.
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