Louisiana Revised Statutes 47:818.41 – Grounds for denial of license
Terms Used In Louisiana Revised Statutes 47:818.41
- Conviction: A judgement of guilt against a criminal defendant.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Motor fuel: means gasoline, diesel fuel, and special fuels that can be used to propel a motor vehicle. See Louisiana Revised Statutes 47:818.2
- Principal: means an individual; if a partnership, all its partners; if a corporation, all its officers, directors, and controlling direct or indirect owners; or if a limited liability company, all its members. See Louisiana Revised Statutes 47:818.2
- Real party in interest: means a person, known or unknown to the secretary, who will receive financial benefits as a result of a gasoline or diesel fuel license being issued to the applicant or licensee. See Louisiana Revised Statutes 47:818.2
- Secretary: means the secretary of the Department of Revenue or an authorized designee. See Louisiana Revised Statutes 47:818.2
A. The secretary may refuse to issue a license under this Subpart if the applicant or any principal of the applicant:
(1) Had a license or registration issued under prior law or this Subpart canceled by the secretary for reason as set forth in La. Rev. Stat. 47:818.42.
(2) Had a license or registration issued by another state revoked, denied, or canceled for cause.
(3) Had a federal certificate of registry issued under 26 USC 4101 and the regulations adopted thereunder, or a similar federal authorization, revoked.
(4) Has been convicted of any offense involving fraud or misrepresentation.
(5) Has been convicted of any other offense that indicates that the applicant may not comply with this Subpart if issued a license.
(6) Is in arrears to the state for any taxes.
(7) Is determined not to be the real party in interest.
(8) His agents, officers, or employees have a prior conviction for motor fuel tax evasion in this state or any state, federal, or foreign jurisdiction.
(9) For good cause as determined by the secretary.
B. No license shall be granted when the applicant or anyone connected with the applicant’s business has been previously convicted of any violation of this Chapter or of any felony under the laws of this state or of the United States.
Acts 2005, No. 252, §1, eff. July 1, 2006.