La. Admin. Code tit. 33 § V-31321

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

Section V-31321 - Violation, Penalties

A. After notice and opportunity to be heard, in accordance with §31313, the assistant secretary may, after determining that a person has violated any provision of R.S. 30:701, et seq., or any rule, regulation or order issued pursuant thereto, assess a civil penalty upon or against said person not to exceed the amounts fixed by statute, particularly, but not exclusively, R.S. 30:705. The amount of the penalty shall be assessed by the assistant secretary by written notice. In determining the amount of penalty, the assistant secretary shall consider the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, any history of prior effect on ability to continue to do business, any good faith in attempting to achieve compliance, ability to pay the penalty, and such other matters as justice may require.

B. The assistant secretary may transmit such evidence as may be available concerning acts or practice in violation or R.S. 30:701, et seq. or any rules, regulation or order issued pursuant thereto or any order issued pursuant to this regulation to the district attorney having jurisdiction over same who, in his discretion, may institute necessary proceedings to collect the fines and impose the penalties provided by statute.

La. Admin. Code tit. 33, § V-31321

Promulgated by the Department of Natural Resources, Office of Conservation, Pipeline Division, LR 29:2846 (December 2003).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:753.