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Rs 32:1512 Civil Penalties; Assessment

§1512. Civil penalties; assessment

A. Any person who is determined by the secretary, after reasonable notice and

opportunity for a fair and impartial hearing held in accordance with the Administrative

Procedure Act, to have committed an act that is a violation of this Chapter or any regulation

issued thereunder, is subject to a civil penalty of not more than twenty-five thousand dollars.

If the violation is a continuing one, each day of violation shall constitute a separate offense.

B. In determining the amount of the penalty, the secretary shall take into account the

nature, circumstances, extent, and gravity of the violation; the degree of culpability of the

person charged; the person's history of previous offenses and ability to pay; the effect of the

penalty on the person's ability to continue to operate; and any other matters that justice

requires.

C. The secretary shall assess the amount of any civil penalty by a written notice to

the violator.

D. Before referral under Section 1513, the secretary may compromise any civil

penalty.

E. The secretary shall not subject a person to a civil penalty for a careless handling

violation as defined in R.S. 32:1520(A) when that person or his representative reports an

incident involving hazardous material that does not meet the reporting criteria as set forth in

R.S. 32:1510.

Added by Acts 1979, No. 83, §1. Amended by Acts 1980, No. 603, §1, eff. July 23,

1980; Acts 1982, No. 539, §1; Acts 2016, No. 632, §1.

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Local Government
Louisiana
3
1
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

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