La. Admin. Code tit. 33 § XV-302

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

Section XV-302 - Deliberate Misconduct

A. Any licensee, certificate of registration holder, applicant for a license or certificate of registration, employee of a licensee, certificate of registration holder, or applicant; or any contractor (including a supplier or consultant), subcontractor, employee of a contractor or subcontractor of any licensee or certificate of registration holder or applicant for a license or certificate of registration, who knowingly provides to any licensee, applicant, certificate holder, contractor, or subcontractor, any components, equipment, materials, or other goods or services that relate to a licensee's, certificate holder's, or applicant's activities in this Section, may not:

1. engage in deliberate misconduct that causes or would have caused, if not detected, a licensee, certificate of registration holder, or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any license issued by the department; or

2. deliberately submit to the department, a licensee, a certificate of registration holder, an applicant, or a licensee's, certificate holder's, or applicant's contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect.

B. A person who violates Subsection A of this Section may be subject to enforcement action in accordance with the procedures in LAC 33:XV.108.

C. For the purposes of Paragraph A.1 of this Section, deliberate misconduct by a person means an intentional act or omission that the person knows:

1. would cause a licensee, certificate of registration holder, or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation, of any license issued by the department; or

2. constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a licensee, certificate of registration holder, applicant, contractor, or subcontractor.

La. Admin. Code tit. 33, § XV-302

Promulgated by the Department of Environmental Quality, Office of Environmental Assessment, Environmental Planning Division, LR 26:2767 (December 2000).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2104 et seq.