La. Admin. Code tit. 51 § XXVIII-505

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

Section XXVIII-505 - Injunctive Relief [formerly paragraph 28:030]

A. [Formerly paragraph 28:030-1] If the department or state health officer finds that a person has violated, is violating, or threatening to violate the provisions of R.S. 40:2831-2834 or the provisions of this Part of the sanitary code and that violation or threat of violation creates an immediate threat to the health and safety of the public, the department or state health officer may petition the district court for a temporary restraining order to restrain the violation or threat of violation. If a person has violated, is violating, or threatening to violate provisions of R.S. 40:2831-2834 or the provisions of this Part of the sanitary code, the department or state health officer may, after sending notice of said alleged violation to the alleged violator via certified mail and the lapse of 10 days following receipt of the notice by the alleged violator may petition the district court for an injunction to prohibit the person from continuing the violation or threat of violation.

B. [Formerly paragraph 28:030-2] On application for injunctive relief and a finding that a person is violating or threatening to violate provisions of R.S. 40:2831-2834 or the provisions of this Part of the sanitary code, the district court may grant any injunctive relief warranted by the facts. Venue for a suit brought under provisions of this Section shall be in the parish in which the violation is alleged to have occurred.

La. Admin. Code tit. 51, § XXVIII-505

Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 28:1464 (June 2002).

AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S. 40:4, R.S. 40:5, and 40:2833.