La. Admin. Code tit. 7 § XXIX-123

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

Section XXIX-123 - Stop Orders and Notice of Non-Compliance

A. A person believed to be in violation of the Horticulture Law or regulations of the commission may be issued a verbal or written stop order or written notice of non-compliance by the department or authorized agent to prevent possible future violations from occurring.

B. If an alleged violator refuses to accept a written stop order or notice of non-compliance when tendered or refuses or fails to claim such stop order or notice of non-compliance sent by certified mail, the stop order or notice of non-compliance shall be deemed to have been delivered to the alleged violator.

C. An adjudicatory proceeding before the commission shall commence against an alleged violator for the alleged violations that led to the issuance of the stop order or order of non-compliance, even if he is in compliance, under any of the following circumstances:

1. if the alleged violations involve fraudulent practices or activities;

2. if the alleged violations caused personal injury or economic loss other than payment for services rendered, to another person;

3. if the alleged violator has refused or failed to accept the stop order or order of non-compliance, or has attempted to avoid or evade delivery of the stop order or order of non-compliance.

D. An adjudicatory proceeding before the commission shall commence against an alleged violator for the alleged violations that led to the issuance of the stop order or order of non-compliance if he refuses or fails to comply with the stop order or order of non-compliance.

E. No provision of this Section shall prevent the institution of an adjudicatory proceeding against an alleged violator who has not been issued a stop order or notice of non-compliance or for violations that occur after the issuance of a stop order or notice of non-compliance.

La. Admin. Code tit. 7, § XXIX-123

Promulgated by the Department of Agriculture and Forestry, Horticulture Commission, LR 34:2547 (December 2008).

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:3801.