La. Admin. Code tit. 51 § IX-149

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

Section IX-149 - Enforcement Provisions [formerly paragraph 9:004-4]

A. Failure to comply with any of the permitting requirements specified in §141-147 shall result in the following administrative action.

1. The relay permit and all relay permitting privileges shall be immediately suspended by the Department of Health or the Department of Wildlife and Fisheries.

2. All shellfish harvested for relaying purposes in violation of permitting requirements shall be returned to the original growing waters or destroyed at a permittee's own expense.

3. If said charges are upheld in an administrative hearing, the following additional penalties shall be imposed.

a. Relay permitting privileges shall be denied for a period of three years.

b. The $5,000 cash bond posted by the permittee shall be forfeited and retained by the state.

La. Admin. Code tit. 51, § IX-149

Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 28:1301 (June 2002), Amended by the Department of Health, Office of Public Health, LR 481852 (7/1/2022), Amended LR 482140 (8/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S.40:4.A.(1) ), R.S. 40:5.A.(2)(3)(5)(7)(9)(15)(17)(19)(20) and R.S. 40:5.3.