A. Any violation of R.S. 40:5.5.4 shall constitute a violation of this Code. The state health officer acting through the Office of Public Health shall issue fines for violations of R.S. 40:5.5.4 as follows:
- 1. for a first offense, a fine of $500 per violation. The state health officer, in his/her discretion, may provide an opportunity for corrective action in lieu of a fine for a first offense;
- 2. for a second offense, a fine of $1000 per violation; and
- 3. for a third and subsequent offense, a fine of $2000 per violation.
- B. Notwithstanding any provision of law to the contrary, including R.S. 40:6(D), prior issuance of a notice of violation or compliance order shall not be a prerequisite to imposing the fines authorized by this Section, which shall be imposed by issuance of a notice and order of imposition of penalties. The notice shall state with specificity the nature of the violation, shall be served on the violator by any means authorized by this Code, and shall be subject to the same administrative appeal procedures and delays as provided for compliance orders in this Code. Fines authorized by this Section shall not be subject to mitigation.
Authority Note
AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S. 40:4, R.S. 40:5, and 40:5.5.
Historical Note
HISTORICAL NOTE: Promulgated by the Department of Health, Office of Public Health, LR 51:301 (February 2025).