RS 56:32.1

369 words·~2 min read·/la/title-56/56-869

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

RS 56:32.1

§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.