§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
C. The secretary shall assess the amount of any civil penalty by a written notice to
D. Before referral under Section 1513, the secretary may compromise any civil
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
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.