Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITY
Part V - Hazardous Wastes and Hazardous Materials
Subpart 2 - Department of Public Safety and Corrections-Hazardous Materials
Chapter 103 - Motor Carrier Safety and Hazardous Materials
Section V-10307 - Assessment of Civil Penalties
Universal Citation: LA Admin Code V-10307
Current through Register Vol. 50, No. 9, September 20, 2024
A. Any person who is determined by the Secretary of the Department of Public Safety and Corrections, 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 R.S. 32:1501 et seq., or adopted or promulgated regulations as provided in this Chapter, is subject to a civil penalty not to exceed the amount determined by applicable law.
B.
1. For
purposes of this Chapter, "reasonable notice and opportunity for a fair and
impartial hearing held in accordance with the Administrative Procedure Act" is
defined as the 45-day period following receipt of the violation notice within
which the person has the right to request a hearing. Receipt of the violation
shall be deemed to have occurred five days following the date the notice of
violation was mailed by the department to:
a.
in the case of an out-of-state carrier, to the address provided for on the
carrier's Motor Carrier Identification Report as prescribed by 49 CFR Part
390.19;
b. in the case of an
intrastate carrier, to the carrier address of record as determined by the
Department of Public Safety and Corrections; in the case of a driver, to the
address on record with the licensing authority of the state in which the person
is licensed.
2. The
person will have 45 days following receipt of the notice of violation within
which to make written request to the Department of Public Safety and
Corrections for an administrative hearing. Failure to request said hearing
within 45 days of receipt of the violation notice shall constitute a conviction
of the violation for purposes of
R.S.
32:414.2(A)(9)(a).
AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1501 et seq.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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