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Louisiana Revised Statutes Tit. 3, § 4749.1. Powers

Current as of January 01, 2023 | Updated by Findlaw Staff

A. The commissioner of agriculture shall administer and enforce the provisions of this Part and may adopt rules and regulations for this purpose. All rules and regulations shall be adopted in accordance with the provisions of the Administrative Procedure Act.

B. The commissioner may:

(1) Employ personnel to enforce the provisions of this Part.

(2) Receive and investigate complaints regarding alleged violations of this Part and the rules and regulations adopted pursuant to the provisions of this Part.

(3) Seek and obtain injunctive or other civil relief to restrain and prevent violations of this Part, rules and regulations adopted pursuant to this Part, or orders and rulings issued by the commissioner pursuant to this Part.

(4) Institute civil proceedings to enforce his rulings or collect any penalties due under this Part.

(5) Issue a notice of noncompliance.

(6)(a) Issue a stop order prohibiting the continued distribution and sale of the seafood product.

(b) Any violation of a stop order shall constitute a separate violation subject to a penalty not to exceed one thousand dollars for each day of violations.

(c) A stop order may be released by the commissioner upon a determination by the commissioner that the cause for issuing the stop order has been remedied.

(d) Any person aggrieved by a stop order may petition the commissioner for a hearing to contest the validity of the stop order by making a written request within five calendar days after issuance of the stop order. The hearing shall be held within ten calendar days of receipt of the written request for a hearing. The commissioner may appoint a hearing officer to preside over the matter. The commissioner shall issue a ruling in the matter. The hearing and any subsequent appeal shall be held in accordance with the provisions of the Administrative Procedure Act.

(e) Based upon the results of the hearing, the commissioner may take one or more of the following actions:

(i) Release the stop order.

(ii) Require the cause for the stop order to be remedied prior to releasing the stop order.

(iii) Amend the stop order.

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Cite this article: FindLaw.com - Louisiana Revised Statutes Tit. 3, § 4749.1. Powers - last updated January 01, 2023 | https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-3-sect-4749-1/

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