§1736.5.  Penalty for violations

A.  A violator of any provision of Part III or III-A of this Chapter  or of any rule or regulation adopted under the provisions of Part III or III-A of this Chapter 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 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 Part III or III-A of this Chapter, or of the rules and regulations adopted under the provisions of Parts III and III-A of this Chapter, in the district court for the parish in which the violation occurred.

Acts 2013, No. 332, §1, eff. June 17, 2013.