Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XIII - Cemetery Industry › Chapter 11 - Proceedings other than Rulemaking; General Procedural Rules › Section XIII-1135 - Fine Schedules for Willful and Nonwillful Violations of the Louisiana Cemetery Act

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board, at
				its discretion, after notice and hearing as required by the Administrative
				Procedure Act, and in lieu of a complete suspension or complete revocation of a
				certificate of authority or a license, may impose fines for violations of Title
				8 and the rules of the board according to the following fine
				schedule.
B. By agreement of the
				board and a party alleged to have violated the Louisiana Cemetery Act, a
				hearing pursuant to title 8 and the Administrative Procedure Act may be waived
				and the parties may enter into a consent agreement, stipulating to the facts
				and law applicable to the alleged violation. In the event that such an
				agreement is reached, the following fine schedule may apply to each of the
				enumerated violations.
C. Each
				willful or nonwillful act shall constitute a separate violation for the
				purposes of imposing the fines set forth in the following schedule.
D. The schedule of fines shall in no event be
				less than as follows .
1. For each willful
				violation:
Violation
Minimum Fine
Maximum Fine
Failure to maintain records pertaining to the
							 operation and business of a cemetery
$500 per violation
$10,000 per violation
Operating without a valid, subsisting, and
							 unsuspended certificate of authority
$500 per violation (each interment is a violation)
$10,000 per violation
Failure to timely make required deposits to
							 perpetual care or merchandise trust funds
$500 per violation
$10,000 per violation
Failure to timely deliver merchandise or services
$500 per violation
$10,000 per violation
Failure to maintain or provide proof of adequate
							 insurance on stored merchandise
$250 per violation (per day)
$10,000 per violation
Failure to timely file annual perpetual care or
							 merchandise trust fund reports
$50 (per day, per report)
$10,000 per violation
Failure to timely file application for
							 predevelopment sales projects
$50 (per day from the date of the first sale within
							 the predevelopment project)
$10,000 per violation
Failure to timely issue titles or certificates of
							 interment rights
$25 (per day, per title)
$10,000 per violation
Failure to timely respond to consumer complaints
$25 (per day, per complaint)
$10,000 per violation
Failure to timely respond to violations noted in an
							 examination by the board
$25 (per day, per examination)
$10,000 per violation
Any violations not specifically listed in this
							 schedule
Not applicable
$10,000 per violation
2.
				For each nonwillful violation:
Violation
Minimum Fine
Maximum Fine
Failure to maintain records pertaining to the
							 operation and business of a cemetery
$250 per violation
$1,000 per violation
Operating without a valid, subsisting, and
							 unsuspended certificate of authority
$250 per violation (each interment is a violation)
$1,000 per violation
Failure to timely make required deposits to
							 perpetual care or merchandise trust funds
$250 per violation
$1,000 per violation
Failure to timely deliver merchandise or services
$250 per violation
$1,000 per violation
Failure to maintain or provide proof of adequate
							 insurance on stored merchandise
$125 per violation (per day)
$1,000 per violation
Failure to timely file annual perpetual care or
							 merchandise trust fund reports
$25 (per day, per report)
$1,000 per violation
Failure to timely file application for
							 predevelopment sales projects
$25 (per day from the date of the first sale within
							 the predevelopment project)
$1,000 per violation
Failure to timely issue titles or certificates of
							 interment rights
$15 (per day, per title)
$1,000 per violation
Failure to timely respond to consumer complaints
$15 (per day, per complaint)
$1,000 per violation
Failure to timely respond to violations noted in an
							 examination by the board
$15 (per day, per examination)
$1,000 per violation
Any violations not specifically listed in this
							 schedule
Not applicable
$1,000 per violation