La. Admin. Code tit. 46 § V-4710

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

Section V-4710 - Interlocutory Cease and Desist Orders

A. The executive director may issue an interlocutory cease and desist order:

1. to prohibit and/or enjoin any activity which is a violation of the commissions laws and rules and regulations and poses a threat to the public;

2 upon sufficient proof that a person or licensee has committed or is committing a violation and is posing a threat to the public. All proof must filed and attached to the interlocutory cease and desist order, and reasons given for the issuance must be assigned.

B. An interlocutory cease and desist order shall be served in the manner prescribed in R.S. 32:785(B)(2)(b) and shall:

1. enjoining a person or licensee from engaging in the prohibited activity for a period of time until the commission holds a hearing to review the validity of the order.

2. notify the party against whom the order is issued that the order will remain in effect until the next commission meeting date.

C. The commission shall hold a hearing at the commissions next available meeting date and upon reasonable notice to the person or licensee alleged to have committed the violation.

D. In lieu of an interlocutory order, the executive director may request that the commission issue an injunction to prohibit or enjoin a person or licensee from either committing or threatening to commit a violation of the Commissions laws and rules and regulations as follows:

E. The injunction shall be issued by the commission only upon notice and hearing to the person or licensee whose conduct is sought to be enjoined or prohibited.

F. The person or licensee shall be provided at least 10 days written notice prior to the hearing on the injunction.

G. The notice shall be served in any manner prescribed in R.S. 32:785(B)(2)(b).

La. Admin. Code tit. 46, § V-4710

Promulgated by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 33:1637 (August 2007), Amended by the Office of the Governor, Used Motor Vehicle Commission, LR (October 2019), LR 47235 (2/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:786.