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dps.louisiana.gov LPG Home Commission Members Office Personnel Rules and Regulations Gases/Placard Numbers Applications and Forms LPG Dealers All Dealer Letters Ammonia Tank Tagging Public/Industry Notices PSA's |
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§ 109. Compliance With Rules A. Compliance with all other applicable rules and regulations will be required for all permit holders.B. The commission may assess a civil penalty of not less than $100 nor more than $1000 for each violation of the rules and regulations adopted by this commission. Civil penalties may be assessed only by a ruling of the commission based on an adjudicatory hearing held in accordance with the Administrative Procedure Act. The commission may institute civil proceedings to enforce its ruling in the district court for the parish in which the commission is domiciled or the district court for the parish in which the violation occurred. C. In lieu of the adjudicatory hearing required in §109.B., the commission may accept an affidavit signed by the party being cited for a violation, prior to the hearing date set for the charge, waiving their right of appearance, with a plea of guilty to a charge, and with the payment of a proposed penalty as set forth in §109.D. In violations involving fees, the fee, and any interest and penalty on those fees must be paid as well as the proposed civil penalty for the violation. This option shall not be available after the hearing date. D. Subject matter areas for the option in §109.C shall be limited exclusively to insurance, permit fees, signage requirements, tanker truck registrations, tanker truck, school bus and mass transit safety inspections, school bus and mass transit registrations, installation reports, failure to accept cylinders for disposal, scale requirements and chock block requirements E. Proposed civil penalties shall be limited to the following amount per subject matter area on the first violation, within a three year period: insurance $225, permit fees $150, signage requirements $150, tanker truck registrations $300, tanker truck, school bus and mass transit safety inspections $150, school bus and mass transit registrations $150, installation reports $150, failure to accept cylinders for disposal $150, scale requirements $150 and chock block requirements $100. The commission may increase the proposed civil penalties by 25%-30% for a second violation, within a three year period. The commission shall require appearance at the adjudicatory hearing for a third violation within a three year period. AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1846. HISTORICAL NOTE: Adopted by the Department of Public Safety, Liquefied Petroleum Gas Commission, November 1972, amended December 1974, amended by the Department of Public Safety and Corrections, Liquefied Petroleum Gas Commission, LR 11:557 (May 1985), LR 25:2411 (December 1999), LR 31:2567 (October 2005). |
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