La. Admin. Code tit. 55 § I-1907

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

Section I-1907 - Administrative Penalty Assessment; Arbitration; Recovery of Penalties

A. Administrative Penalty Assessment

1. A tow truck owner or operator, an employee or the agent of a tow truck owner or operator, a storage facility owner or operator, an employee or the agent of a storage facility owner or operator, determined by the department to have committed a violation of R.S. 32:1711 et seq., or adopted and promulgated regulations as provided in this Chapter, is subject to legal sanctions being imposed against them. Legal sanctions shall include, but are not limited to, administrative civil penalties, warnings, and suspension and/or revocation of the operator's license, storage inspection license, tow truck license plate.

2. The department shall issue a citation or inspection report for violations of law, rule or regulation which shall specify the offense committed. The citation or inspection report shall provide for the payment of an administrative penalty to the department in an amount prescribed by the department or if a suspension or revocation is being imposed, specify the duration of said suspension or revocation. The penalty shall be paid or imposed within 45 days of issuance and mailing, by first class mail, of the initial notice of violation, unless within that period the person to whom the citation is issued files a written request for an administrative hearing within the 45 days.

3. All assessed and adjudicated administrative penalties and fees shall be paid to the department and deposited in the towing and storage fund.

4. Schedule of Fines

Schedule of Fines
The following range of fines will be set for violations cited under the corresponding sections. When citing specific violations, the department will set the fine within the corresponding range.
Exemptions and Other Laws (§1903, 1905, and §1909)	$50-$500
Code of Conduct (§1911)	$100-$500
Tow Truck License Plate (§1913)	$50-$500
Insurance Requirements (§1915)	$50-$500
Drivers License Required Skills (§1917)	$50-$500
Tow Truck Lighting; Equipment (§1919)	$25-$100
Required Equipment (§1921)	$25-$100
Capacities of Tow Equipment (§1923)	$100-$500
Tow Truck Load Limitations (§1925)	$100-$500
Inspections by the Department (§1927)	$100-$500
Towing Service to Use Due Care (§1929)	$100-$500
Vehicles Towed from Private Prop. (§1930)	$200-$500
Storage Facility; Licensing Requirements (§1931)	$100-$500
Requirements for ORSV (§1933)	$100-$500
Owner Notification of Stored Vehicle (§1935)	$100-$500
Administrative Fees (§1937)	$100-$500
Permits to Sell and Dismantle (§1939)	$100-$500
Towing/Storage Facilities Requirement (§1941)	$50-$500
Storage Rates (§1943)	$100-$500
Gate Fees (§1945)	$100-$500
Law Enforcement Rotation Lists (§1947)	$50-$500

5. Effective December 1, 2019, the suspension of a storage license may be imposed on a third or subsequent violation of the same administrative rule or regulation by a towing or storage facility, its owner, or its employee within a two-year period. Suspensions shall not exceed 30 days, except as provided for in R.S. 49:961(C). Violations of these rules or the Towing and Storage Act during the suspension or a violation of the terms of the suspension shall result in an automatic separate suspension of the storage license. The suspension of a storage license may also be imposed when a towing or storage facility fails to meet the requirements for the issuance of a storage license.

6. Effective December 1, 2019, the revocation of a storage license may be imposed when a storage facility has been issued three or more suspensions.

B. Administrative Hearings

1. A tow truck owner or tow truck operator or a storage facility owner or operator may submit a written request for an administrative hearing within 45 calendar days of the issuance of the initial notice of violation, suspension or revocation.

2. Hearing requests shall be adjudged in accordance with the Administrative Procedure Act.

3. Failure to submit a written request to the department for an administrative hearing within 45 days from the date of the initial notice of violation, suspension, or revocation; or requesting a hearing, being notified by mail and failing to appear at the scheduled hearing date and location shall constitute a default and the violations, suspension or revocation shall become finally affirmed.

4. In such cases, on or after the forty-sixth day the department shall inform the responsible party by first class mail of the conviction and that he has 30 days from the date of this notice to pay the penalty or the Office of Motor Vehicles shall suspend his driver's license and/or vehicle registration. Suspending the vehicle registration shall mean any registration transaction, including renewal, may be denied.

5. For the purpose of this Part, removal from the Louisiana State Police tow truck rotation list shall not constitute a department action subject to review under Subsection B of this Section. Placement on the Louisiana State Police rotation list is a privilege, not a right. Any tow truck owner may submit a written appeal to the region major requesting a review of an investigation and/or suspension. Review hearings will be held within 10 business days, after a request is made.

C. Forfeiture of Claims

1. Any person who fails to comply with any provision required by these rules and regulations shall be subject to the forfeiture of all claims for monetary charges relating to towing, recovery and storage of the respective vehicle(s), including, but not limited to, the imposition of administrative penalties.

D. Recovery of Administrative Penalties

1. The department in an attempt to recover administrative penalties, may, at its discretion:

a. order the removal of the offending vehicle's license plate or request the Office of Motor Vehicles (OMV) deny the renewal of the offending vehicle's registration, or both:

i. a tow truck license plate removed or denied renewal pursuant to this Part may only be reinstated upon receipt of payment of fines and fees owed the department;

b. recommend the suspension or deny the renewal of a responsible party's driver license, or both:

i. a driver license suspended pursuant to this Part may only be reinstated upon receipt of payment of fines and fees owed the department;

c. order the vehicles of responsible parties not registered in Louisiana be seized until outstanding fines and fees are paid.

2. These actions are not punitive and used only as a mechanism to garner payment of monies lawfully owed the department.

La. Admin. Code tit. 55, § I-1907

Promulgated by the Department of Public Safety and Corrections, Office of the State Police, LR 32:854 (May 2006), amended LR 35:2201 (October 2009), LR 36:2576 (November 2010), LR 40:797 (April 2014), Amended LR 451604 (11/1/2019).

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1714.