§32.1. Civil suit for recovery of value
A. The department is authorized to bring a civil action to recover the penalties
established by R.S. 56:31 and 32 and R.S. 30:2531(B) and 2531.3.
B. The department may elect to enforce the provisions of R.S. 56:31 and 32 and R.S.
30:2531(B) and 2531.3 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 fine.
C.(1) In any case where the department elects to proceed by adjudicatory hearing,
the defendant shall be notified in writing of the time and place set for the 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 constitute notice to the defendant
that the failure to appear at the specified time and location shall result in the assessment of
civil penalties and 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 postmarked and mailed.
(2) Either party may appeal from a ruling of the administrative hearing officer to the
district court in the judicial district where the offense occurred.
(3) Once all appeals deadlines have expired, a ruling of the administrative law judge
shall be considered final for the purposes of debt recovery or collection.
D. Except for first offenses of class one violations, the person against whom the civil
penalties are assessed shall also be liable for attorney fees and all costs of the adjudicatory
hearing.
E. Any recovery of civil penalties shall be immediately deposited to the Conservation
Fund of the Department of Wildlife and Fisheries.
Acts 2021, No. 241, §1; Acts 2022, No. 17, §2.