Louisiana Administrative Code
Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS
Part LXXXIX - Water Well Contractors (Drillers)
Chapter 11 - Revocation; Hearings; Appeals
Section LXXXIX-1103 - Violations and Hearings
Universal Citation: LA Admin Code LXXXIX-1103
Current through Register Vol. 50, No. 9, September 20, 2024
A. Provisions addressing enforcement of this Part appear in R.S. 38:3098.3, as follows.
1. If the Department of Transportation and
Development, Office of Public Works has reasonable grounds for believing that
there has been a violation of this Part or any rules or regulations adopted
pursuant thereto, the department shall give written notice to the person
alleged to be in violation and shall conduct a hearing on such alleged
violation, such hearing to be conducted in accordance with the Administrative
Procedure Act in Title 49. Such notice shall identify the provisions of this
Part or regulation issued hereunder alleged to be violated and the facts
alleged related thereto. The notice shall be served in the manner required by
law for the service of process upon a person in a civil action, and may be
accompanied by an order of the department requiring described remedial action
which, if taken within the time specified in such order, will effect compliance
with the requirements of this Part and regulations issued thereunder. Such
order shall become final within 30 days from the service thereof unless a
request for a hearing as provided elsewhere in this Part is made within such
time. In lieu of such order, the department may require the persons named in
such notices to appear at a hearing at a time and place specified in the
notice.
2. If the Department of
Transportation and Development, Office of Public Works, finds that any
provision of this Part has been violated and that disciplinary action by the
department is insufficient or unavailable, it shall be the duty of the said
department to proceed with enforcement of this Part by proper proceedings
through any court of competent jurisdiction.
3. Also, in addition to the above, grounds
for revoking a driller's license appear in
R.S.
38:3098.4 (see §1101).
AUTHORITY NOTE: Promulgated in accordance with R.S. 38:3098.7 and R.S. 38:3098.2.
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