La. Admin. Code tit. 55 § IX-109

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

Section IX-109 - Compliance with Rules

A. Compliance with all other applicable statutes, rules and regulations is a mandatory requirement for all permit holders.

B. The commission may assess a civil penalty of not less than $100 nor more than $1000 for each violation of the rules and regulations adopted by the commission. Civil penalties may be assessed only by a ruling of the commission based on an adjudicatory hearing held in accordance with the Administrative Procedure Act. The commission may institute civil proceedings to enforce its ruling in the district court for the parish in which the commission is domiciled or the district court for the parish in which the violation occurred.

C. In lieu of the adjudicatory hearing required in §109 B, the commission may accept an affidavit signed by the party being cited for a violation, prior to the hearing date set for the charge, waiving their right of appearance, with a plea of guilty to a charge, and with the payment of a proposed penalty as set forth in the notice issued by the commission. Regarding violations involving fees, the fee and any interest and penalty on those fees shall be paid in addition to the proposed civil penalty for the violation. This option shall not be available after the hearing date.

D. The commission reserves the right to conduct a full adjudicatory hearing regarding any violation of its rules and regulations.

La. Admin. Code tit. 55, § IX-109

Adopted by the Department of Public Safety, Liquefied Petroleum Gas Commission, November 1972, amended December 1974, amended by the Department of Public Safety and Corrections, Liquefied Petroleum Gas Commission, LR 11:557 (May 1985), LR 25:2411 (December 1999), LR 31:2567 (October 2005), LR 38:1259 (May 2012), Amended LR 46188 (2/1/2020), Amended LR 47482 (4/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1846.