La. Admin. Code tit. 35 § I-1706

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-1706 - Electric Battery Violation Penalties

A. Any person whom the commission finds to have violated, attempted to violate, or conspired to violate R.S. 4:175(D) and /or LAC 35:I.1705 as it pertains to an electrical or mechanical device or other expedient, shall be revoked and such person shall be ineligible for licensing for a period not less than five years from the date such revocation takes effect. The minimum penalty established herein shall not be diminished, reduced, suspended in whole or in part, or remitted except under conditions set forth herein below.

B. In addition to license revocation and a minimum period of ineligibility, the commission may fine the violator an amount not less than $3,000 and not more than $10,000, which fine must be paid within 30 days of the date on which the commission's decision becomes effective. If any fine is not timely paid, then the person shall remain ineligible for licensing for an indefinite period of time beyond the period imposed in Subsection A.

C. Upon imposition of the penalty by the commission, it shall, pursuant to R.S. 4:175(F), notify the district attorney for the parish in which the violation occurred and formally request that the district attorney and its attorney institute a criminal prosecution.

D. The penalties imposed by the commission pursuant to Subsections A and B may only be diminished, reduced, suspended or remitted if the State Police Racing Investigations Unit, with the consent of the assistant attorney general, formally requests in writing that such penalties be modified for good cause. Such request must be made within 10 days of the commission's imposition of the penalty.

E. This rule shall be applicable to all violations occurring on or after the date of adoption of this rule.

F. Any licensed individual who refuses to answer under oath, for any reason whatsoever, any questions put to him during a deposition, hearing, or administrative investigation concerning such licensed individual's knowledge, awareness, use or possession of an electrical device, or of methods and practices engaged in by persons designing, manufacturing, creating, distributing or testing electrical devices shall be suspended by the stewards for six months.

La. Admin. Code tit. 35, § I-1706

Promulgated by the Department of Economic Development, Racing Commission, LR 23:708 (June 1997).

AUTHORITY NOTE: Promulgated in accordance with R.S. 4:148 and R.S. 4:175.