Louisiana Revised Statutes 40:1285.9 – A. Any violation of R.S. 40:1285.6, 1285.7, or 1285.8 may be treated by any party as a violation of the state, municipal, or parochial health codes and all procedures and remedies ap
Terms Used In Louisiana Revised Statutes 40:1285.9
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- 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.
A. Any violation of La. Rev. Stat. 40:1285.6, 1285.7, or 1285.8 may be treated by any party as a violation of the state, municipal, or parochial health codes and all procedures and remedies applicable to such violations of the codes shall be available to correct, deter, or punish violations of the provisions. The district and appellate courts shall have jurisdiction to enforce the provisions to the same extent that the courts have jurisdiction to enforce the codes.
B. All local health officers, health unit supervisors, or other code enforcement agencies shall enforce La. Rev. Stat. 40:1285.6, 1285.7, and 1285.8 in the same manner and with the same authority as they may enforce the health code.
C. The state health officer shall have concurrent responsibility and authority to enforce La. Rev. Stat. 40:1285.6, 1285.7, and 1285.8 and in so doing shall have available to him all powers and authority which shall be available to local health officers and health unit supervisors. The state health officer’s responsibility with respect to objects sold or placed into commerce in violation of La. Rev. Stat. 40:1285.8 is limited to those instances where the state officer or his personnel are notified of such violation.
D. Violations of La. Rev. Stat. 40:1285.6, 1285.7, and 1285.8 shall be treated as emergency matters, and shall be given preference by enforcing agencies and speedy hearings by district and appellate courts.
Added by Acts 1972, No. 371, §1. Acts 1988, No. 626, §1; Acts 2011, No. 362, §1, eff. Jan. 1, 2013; Redesignated from La. Rev. Stat. 40:1299.28 by HCR 84 of 2015 R.S.