Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 19 - Towing, Recovery, and Storage › Subchapter A - Authority, Exemptions, Definitions, Scope › Section I-1907 - Administrative Penalty Assessment; Arbitration; Recovery of Penalties

Current through Register Vol. 50, No. 6, June 20, 2024
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.