1. A. If, after an investigation has been conducted, the department has reason to believe that a covered produce farm has violated any provision of R.S. 3:921-928 or this Chapter, the department may conduct an adjudicatory hearing in accordance with the Administrative Procedure Act (R.S. 49:950 et seq.) in order to determine whether a violation has occurred and whether to impose civil penalties.
2. B. All hearings conducted pursuant to this Section shall be heard by a three-person panel appointed by the commissioner. The commissioner may appoint a hearing officer to conduct the hearing.
3. C. At the conclusion of the administrative hearing, the hearing panel may recommend that a penalty of not more than $100 per violation be imposed. The hearing panel’s recommendation shall be submitted to the commissioner for his determination.
4. D. The commissioner’s determination in adjudicatory matters shall be final and may be appealable in accordance with the Administrative Procedure Act.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:922 and 923.

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety, LR 48:403 (March 2022).