La. Admin. Code tit. 7 § XXXI-325
Current through Register Vol. 50, No. 9, September 20, 2024
Section XXXI-325 - Cease and Desist Order; Suspension/Revocation of License ; Hearing Required ; Penalties ; Amount ; Stipulated Resolutions ; ServiceA. Upon probable cause the board or commissioner may issue a cease and desist order to any licensee, describing with particularity the acts or omissions which the board or commissioner believes to constitute a violation of the Act or these rules or regulations and ordering such licensee to take the necessary and sufficient steps to establish immediate compliance.B. Upon a finding of any violation of the Act or these rules and regulations by a licensee which violation occurred after the receipt of a relevant cease and desist order the board or commissioner may and should assess a penalty which is treble the normal penalty for any such offense.C. The board or commissioner may suspend or revoke the license of any licensee found to have violated any provisions of the Act or these rules and regulations.D. No license shall be suspended or revoked unless the licensee is given an adjudicatory hearing noticed and conducted in accordance with the Administrative Procedure Act (R.S. 49:950-49:970).E. The board or commissioner may, in lieu of suspension or revocation of any license, impose a penalty in accordance with R.S. 3:4109(G) as a result of any violation of the Act or these rules and regulations which is sustained at such hearing. No penalty may be imposed until such time as an adjudicatory hearing in accordance with the Administrative Procedure Act is held.F. Each day on which a violation occurs shall be considered a separate offense.G. The foregoing shall not limit any stipulated resolution of any alleged violation.H. All notices including notices of adjudicatory hearings and services of the subpoenas shall be served upon the agent for service of process, an officer, the principal owner, a manager or an employee of the entity to be noticed or served and, once served in accordance herewith said notice or service, shall be valid.La. Admin. Code tit. 7, § XXXI-325
Promulgated by the Department of Agriculture and Forestry, Office of Agro-Consumer Services, Dairy Stabilization Board, LR 20:404 (April 1994).AUTHORITY NOTE: Promulgated in accordance with R.S. 3:4108, R.S. 3:4109 and R.S. 3:4116.