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Rs 32:410.1 Novelty Or Unofficial Credentials; Prohibited

§410.1. Novelty or unofficial credentials; prohibited

A. It shall be unlawful for any person to manufacture, advertise for sale, sell, or

possess any fictitious or facsimile credential that is intended to simulate a credential issued

by any state, territory, or possession of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, any foreign country or government, a United States

government-issued credential, or a United States passport or foreign government visa.

B. For purposes of this Section, a credential shall include but is not limited to any

driver's license, driver permit, temporary driver's license, restricted or hardship driver's

license, government-issued identification card, school-issued identification card, vehicle

registration certificate, or vehicle license plate.

C. It shall not be a defense to a violation of this Section that a fictitious or facsimile

credential contains words indicating that it is a novelty item or an indication that it is not a

valid identification document, vehicle registration certificate, or vehicle license plate.

D. The Department of Public Safety and Corrections, office of motor vehicles, may

issue a cease and desist order to any person or business who manufactures, advertises for

sale, sells, or possesses any credential, including any novelty or unofficial credential, which

it determines to be in violation of this Section. Any such cease and desist order may be

served by regular mail with a proof of mailing issued by the United States Postal Service, or

hand delivered by a representative of the department. If the cease and desist order is served

by mail with proof of mailing, it shall be deemed delivered on the seventh calendar day after

the date affixed on the certificate or proof of mailing. The presumption of delivery in this

Subsection shall not apply if the cease and desist order is returned as undeliverable.

E.(1) If the person or business subject to the cease and desist order cannot be served

or does not comply with the cease and desist order, the department may file a petition for

injunctive relief as provided in the Code of Civil Procedure for injunctions in the district

court. There shall be no suspensive appeal or stay of an order or judgment of the district

court granting the department a preliminary or permanent injunction.

(2) In the suit for an injunction, the department may demand of the defendant a

penalty of not more than five hundred dollars for each day the defendant engaged in any

activity prohibited by the cease and desist order issued by the department and court costs.

Judgment for penalty and court costs may be rendered in the same judgment in which the

injunction is made final.

F. The department may promulgate rules it determines necessary to aid in the

implementation and enforcement of this Section.

Acts 2014, No. 262, §1; Acts 2017, No. 87, §2.

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Local Government
John Bel Edwards
John Bel Edwards
January 11, 2016 -
900 North 3rd Street, Baton Rouge, LA, 70802