Louisiana Revised Statutes 8:75 – Refusal to grant, revocation, or suspension of certificate; injunction; fines; additional orders
Terms Used In Louisiana Revised Statutes 8:75
- Board: means the Louisiana Cemetery Board. See Louisiana Revised Statutes 8:1
- Cemetery: means a place used or intended to be used for the interment of the human dead and, to the extent allowed in accordance with this Title, pet remains. See Louisiana Revised Statutes 8:1
- Person: means an individual, corporation, limited liability company, partnership, joint venture, association, trust, or any other legal entity. See Louisiana Revised Statutes 8:1
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
A. For violation of any provision of this Title or the rules or regulations adopted and promulgated by the board in accordance with the Administrative Procedure Act, the board, by a majority of its members, may impose fines; refuse to grant, revoke, or suspend a certificate of authority; and institute legal proceedings to enjoin any person from operating or conducting a cemetery business.
B. The board, by a majority vote of its members, may summarily suspend a certificate of authority issued pursuant to the provisions of this Chapter upon a finding by a majority of the board that emergency action is required to protect the health, welfare, or safety of the public prior to a formal hearing on the matter. In the event of a summary suspension, a formal hearing shall be set within twenty-one days of the effective date of the suspension.
C. If the board at a formal hearing finds that any natural or juridical person has violated the provisions of this Title or the rules or regulations adopted and promulgated by the authority vested in this Chapter, it may impose a fine upon that natural or juridical person in an amount not to exceed one thousand dollars for each non-willful violation and in an amount not to exceed ten thousand dollars for each willful violation, plus cost of the court reporter and the attorney fees of the board.
D. The board may grant not more than thirty days from the date of the order for the payment of any fine.
E. The board may apply to a district court of the parish in which the cemetery is located for, and such court shall have the authority to issue, such additional orders as may be necessary to protect the health, welfare, or safety of the public.
Acts 1974, No. 417, §1; Acts 1980, No. 428, §1; Acts 2001, No. 468, §1; Acts 2014, No. 67, §1; Acts 2015, No. 222, §1; Acts 2023, No. 381, §1.