La. Admin. Code tit. 48 § I-8733
Current through Register Vol. 50, No. 11, November 20, 2024
Section I-8733 - Operating Without a License or in Violation of Departmental Regulations, Fines and Injunctive ReliefA. In accordance with applicable state laws, rules and regulations, the department shall fine any ABI facility that operates without a valid license issued by the department, or operates in violation of departmental regulations. Such fines are not to exceed two hundred fifty dollars for each day of such offense.B. Any such fines levied and collected by the department, subject to applicable law, shall be used for the benefit of clients in ABI facilities and shall be distributed in accordance with criteria promulgated by rules of the department.C. Notwithstanding the provisions of this Section, the department may impose a fine(s) pursuant to R.S. 40:2199 and the regulations promulgated thereunder.D. The facility may request an administrative reconsideration and/or an administrative appeal of a fine in accordance with the delay, notice and other procedures set forth in R.S. 40:2199 and the regulations promulgated thereunder.E. If any ABI facility operates without a valid license issued by the department, or in violation of departmental regulations, the department may cause a civil suit to be instituted in a district court in the parish in which the facility is located for injunctive relief, including a temporary restraining order, to restrain the institution, society, agency, corporation, person or persons or any group operating the facility from continuing the violation.La. Admin. Code tit. 48, § I-8733
Promulgated by the Department of Health, Bureau of Health Services Financing, LR 432174 (11/1/2017).AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and 40:2120.31-40.