La. Admin. Code tit. 7 § XXI-1737

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

Section XXI-1737 - Chronic Wasting Disease; Enforcement

A. Any person violating the provisions of R.S. 3:3101 et seq. or this Chapter shall be subject to enforcement action

B. The commissioner may suspend or revoke any license issued under the provisions of R.S. 3:3108 and this Chapter. The commissioner may also assess a civil penalty for violation of any provision of R.S. 3:1461 et seq., or any violation of any regulation enacted under the authority of said statutes.

C. Whenever the commissioner has reason to believe that any person has violated any provision of the R.S. 3:3101 et seq., or this Chapter, the commissioner shall notify the person of the alleged violation as well as an opportunity to respond thereto, by certified mail, prior to any scheduled hearing date.

D. Each separate day on which any violation occurs shall be considered a separate violation.

E. No penalty may be assessed, nor may any license be suspended or revoked by the commissioner, prior to the holding of an adjudicatory hearing before a hearing officer. Such adjudicatory hearing shall be conducted in accordance with the requirements of the Administrative Procedure Act; any person alleged to have violated any provision of R.S. 3:3101 et seq., or this Chapter shall be accorded all rights and privileges under said Act.

F. The hearing officer shall make an initial determination on alleged violations and recommend findings of fact and conclusions of law together with penalties, if applicable, in writing.

G. The commissioner shall make the final determination on the disposition of alleged violations.

H. Reinstatement of a revoked license shall be by a formal hearing before a hearing officer held pursuant to the Administrative Procedure Act and shall require the approval of the commissioner.

La. Admin. Code tit. 7, § XXI-1737

Promulgated by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety, LR 482534, LR 49236 (2/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:3101.