Louisiana Revised Statutes 40:2175.9 – Cease and desist order; due process rights; penalty for violation
Terms Used In Louisiana Revised Statutes 40:2175.9
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Outpatient abortion facility: means any outpatient facility, other than a hospital as defined in Louisiana Revised Statutes 40:2175.3
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Secretary: means the secretary of the Louisiana Department of Health. See Louisiana Revised Statutes 40:2175.3
A. In addition to the provisions of La. Rev. Stat. 40:2175.6(H), the secretary is empowered to issue a written cease and desist order to prevent or terminate an unsafe condition or an illegal practice or for a violation of this Chapter or Chapter 5 of this Title or a violation of any regulation or order of the department issued pursuant thereto whenever the secretary knows or has reasonable cause to believe that such unsafe condition or illegal practice exists or is likely to occur related to an outpatient abortion facility.
B.(1) An aggrieved party who is licensed by this Part and who is affected by the secretary’s decision or order may seek an appeal in the same manner as provided for in La. Rev. Stat. 40:2175.6(H).
(2) An aggrieved party who is not licensed by this Part may seek a de novo review of the secretary’s decision or order by filing a petition for review in the Nineteenth Judicial District Court for the parish of East Baton Rouge.
C. Any order issued pursuant to this Section shall become effective upon service thereof in person or by registered mail on the violator and shall remain effective except to the extent modified, stayed, terminated, or set aside by action of the secretary or by the Nineteenth Judicial District Court in the parish of East Baton Rouge.
D. If no timely appeal is demanded by the aggrieved party pursuant to Subsection B of this Section, the cease and desist order shall become final.
E. If the violator subsequently engages in activities that violate a final cease and desist order, the secretary may seek the enforcement of such order by civil action filed in the Nineteenth Judicial District Court for the parish of East Baton Rouge.
F. Except as provided in La. Rev. Stat. 40:2175.10, any person who violates a cease and desist order of the secretary after it has become final and while such order is in effect shall, upon proof thereof to the satisfaction of the court, be ordered by the court to forfeit and pay to the attorney general a sum not less than five hundred dollars nor more than five thousand dollars per violation.
Acts 2022, No. 545, §3.