- A. The commissioner may suspend or revoke any grant of inspection services issued under the provisions of R.S. 3:4201 et seq. and this Chapter. The commissioner may also impose a civil penalty for violation of any provision of R.S. 3:4201 et seq. or this Chapter.
- B. Whenever any establishment which is subject to these rules and regulations appear to be in violation of any provision(s) thereof, the commissioner of agriculture shall convene a public hearing on the matter, which hearing shall be conducted in accordance with the Administrative Procedure Act, R.S. 49:975 et seq.
- C. Each separate day on which any violation occurs shall be considered a separate violation.
- D. No penalty may be assessed nor may any grant of inspection services be suspended or revoked by the commissioner prior to the holding of an adjudicatory hearing before the commissioner. Such adjudicatory hearing shall be conducted in accordance with the requirements of the Administrative Procedure Act. Any person alleged to have violated any provision of R.S. 3:4201 et seq. or this Chapter shall be accorded all rights and privileges under said Act.
- E. The commissioner may appoint a hearing officer to hear evidence and make an initial determination on alleged violations and recommend findings of fact and conclusions of law, together with penalties, if applicable, in writing.
- F. The commissioner shall make the final determination on the disposition of alleged violations. If the commissioner does not accept the recommendations of the hearing officer following the adjudicatory hearing, the commissioner shall provide written reasons for not accepting the recommendations. All decisions by the commissioner are final and appealable in accordance with the Administrative Procedure Act. R.S. 49:975 et seq.
- G. Reinstatement of a grant of inspection services shall be by hearing before a hearing officer and approval of the commissioner.
- H. Appeals from rulings of the commissioner shall be taken in accordance with the Administrative Procedure Act, R.S. 49:975 et seq.
Authority Note
AUTHORITY NOTE: Promulgated in accordance with R.S. 3:4215.
Historical Note
HISTORICAL NOTE: Promulgated by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety, LR 51:781 (June 2025).