§1653.  Penalty for violating rules and regulations; enforcement of rules and regulations in court

A.  A violator of any provisions of this Part or of any rule or regulation adopted under the provisions of this Part shall be subject to a civil penalty of not more than five thousand dollars for each act of violation and for each day of violation.  Each day on which a violation occurs shall be a separate offense.

B.  Penalties may be assessed only by a ruling of the commissioner of the Department of Agriculture and Forestry based upon an adjudicatory hearing held in accordance with the provisions of the Administrative Procedure Act.

C.  In addition to civil penalties, the commissioner may assess the proportionate costs of the adjudicatory hearing against the offender.  The commissioner, by rule, shall determine the amount of costs to be assessed.

D.  The commissioner may institute civil proceedings to enforce his rulings in the district court for the parish in which the violation occurred.

E.  The commissioner may institute civil proceedings seeking injunctive relief to restrain and prevent the violation of the provisions of this Part, or of the rules and regulations adopted under the provisions of this Part, in the district court for the parish in which the violation occurred.

Acts 1990, No. 115, §1.