La. Admin. Code tit. 46 § XIII-1135

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

Section XIII-1135 - Fine Schedules for Willful and Nonwillful Violations of the Louisiana Cemetery Act

A. The board, at its discretion, after notice and hearing as required by the Administrative Procedure Act, and in lieu of a complete suspension or complete revocation of a certificate of authority or a license, may impose fines for violations of Title 8 and the rules of the board according to the following fine schedule.

B. By agreement of the board and a party alleged to have violated the Louisiana Cemetery Act, a hearing pursuant to title 8 and the Administrative Procedure Act may be waived and the parties may enter into a consent agreement, stipulating to the facts and law applicable to the alleged violation. In the event that such an agreement is reached, the following fine schedule may apply to each of the enumerated violations.

C. Each willful or nonwillful act shall constitute a separate violation for the purposes of imposing the fines set forth in the following schedule.

D. The schedule of fines shall in no event be less than as follows .

1. For each willful violation:

Violation	Minimum Fine	Maximum Fine
Failure to maintain records pertaining to the operation and business of a cemetery	$500 per violation	$10,000 per violation
Operating without a valid, subsisting, and unsuspended certificate of authority	$500 per violation (each interment is a violation)	$10,000 per violation
Failure to timely make required deposits to perpetual care or merchandise trust funds	$500 per violation	$10,000 per violation
Failure to timely deliver merchandise or services	$500 per violation	$10,000 per violation
Failure to maintain or provide proof of adequate insurance on stored merchandise	$250 per violation (per day)	$10,000 per violation
Failure to timely file annual perpetual care or merchandise trust fund reports	$50 (per day, per report)	$10,000 per violation
Failure to timely file application for predevelopment sales projects	$50 (per day from the date of the first sale within the predevelopment project)	$10,000 per violation
Failure to timely issue titles or certificates of interment rights	$25 (per day, per title)	$10,000 per violation
Failure to timely respond to consumer complaints	$25 (per day, per complaint)	$10,000 per violation
Failure to timely respond to violations noted in an examination by the board	$25 (per day, per examination)	$10,000 per violation
Any violations not specifically listed in this schedule	Not applicable	$10,000 per violation

2. For each nonwillful violation:

Violation	Minimum Fine	Maximum Fine
Failure to maintain records pertaining to the operation and business of a cemetery	$250 per violation	$1,000 per violation
Operating without a valid, subsisting, and unsuspended certificate of authority	$250 per violation (each interment is a violation)	$1,000 per violation
Failure to timely make required deposits to perpetual care or merchandise trust funds	$250 per violation	$1,000 per violation
Failure to timely deliver merchandise or services	$250 per violation	$1,000 per violation
Failure to maintain or provide proof of adequate insurance on stored merchandise	$125 per violation (per day)	$1,000 per violation
Failure to timely file annual perpetual care or merchandise trust fund reports	$25 (per day, per report)	$1,000 per violation
Failure to timely file application for predevelopment sales projects	$25 (per day from the date of the first sale within the predevelopment project)	$1,000 per violation
Failure to timely issue titles or certificates of interment rights	$15 (per day, per title)	$1,000 per violation
Failure to timely respond to consumer complaints	$15 (per day, per complaint)	$1,000 per violation
Failure to timely respond to violations noted in an examination by the board	$15 (per day, per examination)	$1,000 per violation
Any violations not specifically listed in this schedule	Not applicable	$1,000 per violation

E. Nothing in this section shall limit the authority of the board or the attorney general to bring any civil or administrative action for alleged violations not covered by any agreement entered into under this section or for breach of any agreement entered into under this Section.

La. Admin. Code tit. 46, § XIII-1135

Promulgated by the Office of the Governor, Cemetery Board, LR 39:2746 (October 2013).

AUTHORITY NOTE: Promulgated in accordance with R.S. 8:66 and R.S. 8:67.