La. Admin. Code tit. 51 § I-111

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

Section I-111 - Reinspection and Compliance Order [formerly paragraph 1:007-5]

A. If reinspection discloses that the violation(s) specified in the notice of violation has not been remedied, the state health officer or his/her representative may issue a compliance order requiring correction of the violation(s) after said compliance order is served, or take whatever action is authorized by law to remedy the violation(s). Compliance orders may be issued by the state health officer to any such persons as he deems necessary to aid in the enforcement of the provisions of the code, including orders modifying, suspending, rescinding or revoking permits, variances, or exemptions, and orders requiring persons to comply with a rule, regulation, schedule, or other requirement of the state health officer. An order may also require remedial actions to be taken to prevent harm to public safety, health, or welfare.

B. Compliance orders shall be served by United States Postal Service, via certified mail-return receipt requested, registered mail-return receipt requested, or express mail-return receipt requested, or hand-delivered. Any compliance order which is hand-delivered shall have the date of delivery recorded on the compliance order or shall have the date of delivery of the compliance order recorded on a service of process form.

C. Any compliance order issued under this Section shall:

1. be signed by the state health officer and the secretary and shall be effective upon issuance unless a later date is specified therein;

2. state with reasonable specificity the nature of the violation;

3. state a time limit for compliance;

4. state that in the event of non-compliance, a civil fine may be assessed and/or an existing license or permit issued by the department may be suspended or revoked;

5. state that the order shall become final and not subject to further review 20 days after the order has been served to the respondent, unless the respondent files a written request for an administrative hearing with the state health officer within that 20 day period; and

6. be subject to appeal procedures set forth by state law.

D. If timely received, the state health officer shall forward any request for an administrative hearing to the Division of Administrative Law (DAL). In accord with R.S. 49:991 et seq., hearings shall be held by an Administrative Law Judge (ALJ) employed by the DAL.

E. Upon finding that an emergency exists which requires that immediate action be taken, the state health officer shall issue such emergency compliance orders as are necessary, which shall be effective immediately upon issuance, and any request for hearing shall not suspend the implementation of the action ordered. In any case wherein the state health officer determines that an emergency compliance order is required to be issued, the prior issuance of a notice of violation shall not be necessary.

La. Admin. Code tit. 51, § I-111

Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 27:1694 (October 2001), repromulgated LR 28:1210 (June 2002), amended LR 28:2529 (December 2002), LR 34:653 (April 2008).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:4 and R.S. 40:5(3)(7)(17)(19)(20)(21).