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      RS 56:40.3     

  

§40.3.  Civil penalties; assessment; administrative hearing

A.  Whenever the department determines that a violation of R.S. 56:40.1 has occurred, resulting in liability of a person for the value of injured or destroyed wildlife or aquatic life, it shall demand restitution from him for the value of such wildlife or aquatic life, the value of which has been determined in accordance with R.S. 56:40.2.  The offender shall be given written notice of the alleged violation and of the value of such injured or destroyed wildlife or aquatic life.

B.  In lieu of filing a civil suit to recover the penalties provided for in this Subpart, the department may elect to enforce the provisions of this Subpart by adjudicatory hearing, held in accordance with the provisions of the Administrative Procedure Act.  The department shall hold the adjudicatory hearing in the regional office for the parish where the defendant is domiciled or where the violation occurred.  The defendant may waive the adjudicatory hearing upon payment of the amount demanded by the department.

C.  In any case where the department elects to proceed by adjudicatory hearing, the defendant shall be notified in writing of the time and place of the adjudicatory hearing.  Written notice of the time and place of the hearing may be given on any citation or summons issued in connection with the violation or made by certified letter mailed to the defendant at his last known address or at the address that appears on any hunting or fishing license issued to him by the department.  The summons or written notice shall notify the defendant and shall constitute notice that the failure to appear at the specified time and location shall result in the assessment of civil penalties and result in the loss of all hunting and fishing privileges while assessed amounts remain unpaid.  Notice given by certified mail in accordance with this Subsection shall be deemed effective fifteen days after the notice is mailed.

D.  Either party may appeal from a ruling of the administrative hearing officer to the district court in the judicial district where the offense occurred.

E.  The secretary may institute civil proceedings to enforce a final ruling in the Nineteenth Judicial District Court.

F.  The person against whom the civil penalties are assessed shall also be liable for attorney fees and all costs of the adjudicatory hearing.

Acts 1988, No. 169, §2; Acts 1992, No. 852, §1; Acts 2001, No. 804, §2.



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